Loading...
HomeMy WebLinkAbout2008 12-08 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION December 8, 2008 6:00 P.M. City Council Chambers A copy of the full City Council packet is available to the public. T lie packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn HRA MEETING City of Brooklyn Center December 8, 2008 AGENDA 1. Call to Order —The HRA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including HRA (Housing and Redevelopment Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2. Roll Call 3. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Housing and Redevelopment �luthority (HRA) and will be enacted by one rnotion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes —Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. September 8, 2008 Regular Session 4. Commission Consideration Items a. Preliminary Market Value Levy and Budget Resolutions l. Resolution Establishing a Final Property Tax Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Services and Relocation Assistance Pursuant to the Provisions of Minnesota Statutes Chapter 469.033 for the City of Brooklyn Center Housing and Redevelopment Authority for Fiscal Year 2009 Requested Commission Action: —Motion to adopt resolution. 2. Resolution Approving the Final Budget for the City of Brooklyn Center Housing and Redevelopment Authority Pursuant to Minnesota Statutes Cha ter 469 p I Requested Commission Action: —Motion to adopt resolution. 5. Adjournment I EDA MEETING City of Brooklyn Center December 8, 2008 AGENDA L Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2. Roll Call 3, Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items, a. Approval of Minutes 1. November 10, 2008 Regular Session 4. Commission Consideration Items a. Resolution Approving the Final Budget for the City of Brooklyn Center Economic Development Authority for Fiscal Year 2009 Requested Commission Action: —Motion to adopt resolution. b. Resolution Accepting Bid and Awarding Contract for Project 218034, 2008, Partial Reroofing at Earle Brown Heritage Center Requested Commission Action: —Motion to adopt resolution. c. Resolution Transferring $235,000 into the Earle Brown Heritage Center Capital Fund Requested Commission Action: —Motion to adopt resolution. 5. Adjournment CITY COUNCIL MEETING City of Brooklyn Center December 8, 2008 AGENDA 1. Informal Open Forum With City Council 6:45 p.m. -provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. November 14 2008 Special Session 2. November 17, 2008 Joint Work Session with Financial Commission 3. November 24, 2008 Study Session 4. November 24, 2008 Regular Session 5. November 24, 2008 Work Session 6. December 1, 2008 Initial Truth in Taxation Session b. Licenses 8. Fresentations/Proclama tions/Reco nitions/Donations g a. Resolution Expressing Appreciation for the Donation of the Brooklyn Center Lioness Club in Support of the 2009 Safety Camp Program Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA December 8, 2008 b. Resolution Expressing Appreciation for the Donation of the Brool�lyn Center American Legion Post 630 in Support of the 2009 Safety CampProgram Requested Council Action: -Motion to adopt resolution. 9. Public Hearings -None. 10. Planning Commission Items a. Planning Commission Application No. 2008-008 Submitted by Osseo Independent School District No. 279. Request for Special Use Permit Amendment for Parking Lot Screening. This item was considered by the Planning Commission at a public hearing on October 30, 2008, and was tabled so that the plans could be resubmitted to include possible modifications. The Planning Commission recommended approval of this application at its November 20, 2008, meeting. Requested Council Action: -Motion to approve Planning Commission Application No. 2008-008 subject to the conditions recommended by the Planning Commission. 11. Council Consideration Items a. Consideration of 2009 Budget 1. Resolution Approving Final Tax Capacity Levies for the General Fund and Housing Redevelopment Authority and Market Value Tax Levy for Debt Service Fund for Property Taxes Payable in 2009 Requested Council Action: -Motion to adopt resolution. 2. Resolution Establishing a Final Property Tax Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Services and Relocation Assistance Pursuant to the Provisions of Minnesota Statutes Chapter 469.033 for the City of Brooklyn Center Housing and Redevelopment Authority for Fiscal Year 2009 Requested Council Action: -Motion to adopt resolution. 3. Resolution Adopting the 2009 General Fund Budget Requested Council Action: -Motion to adopt resolution. 4. Resolution Adopting the 2009 Special Revenue Fund Budgets Requested Council Action: -Motion to adopt resolution. 5. Resolution Adopting the 2009 Debt Service Fund Budgets Requested Council Action: -Motion to adopt resolution. CITY COUNCIL AGENDA -3- December 8, 2008 6. Resolution Adopting the 2009 Capital Project Fund Budgets Requested Council Action: —Motion to adopt resolution. 7. Resolution Adopting the 2009 Enterprise Fund Budgets Requested Council Action: —Motion to adopt resolution. Resolution Adopting the 2009 Public Utility Fund Budgets Requested Council Action: —Motion to adopt resolution. 9. Resolution Adopting the 2009 Internal Service Fund Budgets Requested Council Action: —Motion to adopt resolutian. 10. Resolution Adopting the 2009-2023 Capital Improvement Program Requested Council Action: —Motion to adopt resolution. 11. Resoiution Adopting 2009 Water Utility Rates, Fees and Charges Requested Council Action: —Motion to adopt resolution. 12. Resolution Adopting 2009 Sewer Utility Rates, Fees and Charges Requested Council Action: —Motion to adopt resolution. 13. Resolution Adopting 2009 Storm Sewer Utility Rates, Fees and Charges Requested Council Action: —Motion to adopt resolution. 14. Resolution Adopting 2009 Street Light Rates and Charges Requested Council Action: —Motion to adopt resolution. 15. Resolution AfFirming 2009 Recycling Rate Requested Council Action: —Motion to adopt resolution. b. 2009 City Council Meeting Schedule Requested Council Action: —Motion to adopt 2009 City Council meeting schedule. c. Mayoral Reappointments to City Advisory Commissions Requested Council Action: —Motion to ratify Mayoral reappointments. d. Mayoral Appointments Housing Commission and Northwest Hennepin Human Services Council Advisory Commission Requested Council Action: —Motion to ratify Mayoral nominations. CITY COUNCIL AGENDA -4- December 8, 2008 e. Consideration of Liquor License for Boulevard's Bar Grill, 2545 County Road 1 0 —Resolution Relating to the Application for an Intoxicating Liquor License from Rich Ventures, Inc. Requested Council Action: —Motion to open hearing. —Receive staff report. —Receive testimony from applicant. —Motion to close hearmg. —Take action on liquor license_ application. Consideration of Liquor License for San Antonio Grill, 2101 Freeway Boulevard —Resolution Relating to the Application for an Intoxicating Liquor License from San Antonio of Brooklyn Center, LLC Requested Council Action: —Motion to open hearing. —Receive staff report. —Receive testimony from applicant. —Motion to close hearing. —Take action on liquor license application. g. Resolution Amending City Council Code of Policies; Section 1.4 Order of Business Requested Council Action: —Motion to adopt resolution. h. Resolution Setting 2009 Employer Benefits Contribution for Full-Time Non- Union Employees Requested Council Action: —Motion to adopt resolution. i. Resolution Setting Salaries for Calendar Year 2009 Requested Council Action: —Motion to adopt resolution. j. Resolution Accepting Offer on the Sale of $2,390,000 General Obligation Impravement Bonds, Series 2008B and Providing for Their Issuance Requested Council Action: —Motion to adopt resolution. k. Fee Schedule for Certain Inspection and Neighborhood Maintenance Services 1. Resolution Amending the Schedule for Reinspection Fees and Adding a Service Charge for City-Facilitated Abatement Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -5- December 8, 2008 2. Resolution Amending the Schedule Adding a Fee for Vacant Building Registration, Re-Occupancy Inspections, and Rental Conversions Requested Council Action: —Motion to adopt resolution. l. Resolution Authorizing Employee Use of Community Center at No Charge Requested Council Action: —Motion to adopt resolution. 12. Adjournment Ci �auncil Agenda Item l�Ta. 7� MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL MEETING NOVEMBER 14, 2008 CITY HALL 1. CALL TO ORDER The Brooklyn Center City Council met at a special meeting for the purpose of conducting the evaluation of the City Manager. The meeting was called to order by Mayor Tim Willson at 6:03 p.m. 2. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan and Mark Yelich were present. Also present was City Attorney Charlie LeFevere. 3. EVALUATION OF CITY MANAGER Councilmember Lasman moved and Councilmember Ryan seconded to close the meeting for the evaluation of the Manager under the exception to the State Open Meeting Law allowing meetings to be closed by the Council to discuss employees under its direction and control. Motion passed unanimously. The Council conducted the evaluation of the performances of the City Manager. 4. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjourmnent of the special meeting at 7:16 p.m. Motion passed unanimously. 11 14/08 -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 JO1NT WORK SESSION WITH FINANCIAL COMMISSION NOVEMBER 17, 2008 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and was called to order by Mayor Tim Willson at 6:35 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O' Connor, Dan Ryan, and Mark Yelich. Also present: City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Philip Berglin, Todd Boster, Mark Nemec, Susan Shogren Smith, and Rex Newman. REVIEW 2009-2023 CAPITAL IMPROVEMENTS PLAN City Manager Curt Boganey stated that this review was the last before the final adoption of the 2009 Budget which will take place on December 8, 2008. Public Works Director/City Engineer Steve Lillehaug outlined the Capital Improvement Plan for 2009-2023 and noted the project areas for 2009. He discussed projects that had been added since 2008 which included the automated meter reading, sanitary sewer projects, and some capital building maintenance. There was discussion regarding the Shingle Creek Trail and the proposed day lighting, the economic shortfall, and prioritizing of cash flow for the General Fund. lined the Ca ital Pro'ect Funds and cash ctor Dan Jordet out p J Fiscal and Su ort Services Dire PP flows for the following: Capital Improvements, Municipal State Aid, Infrastructure Construction, Street Reconstruction, Earle Brown Heritage Center, Technology Capital, Internal Service, Special Revenue Grants and TIF, and Liquor. There was discussion regarding bonds and the process used, gas t�es, franchise fees, and the cost savings in product costs for the liquor store. City Manager Boganey informed that he would like to propose a new division that would help achieve six out of the nine City Council Goals more proactively. The Community Development Department would become two departments: Department of Business and Neighborhood Development and Department of Buildings and Neighborhood Standards. 11/17/08 -1- DR.AFT The Department of Business and Neighborho.od Development would consist of Planning, Community Marketing, Business Retention, Business Attraction, Housing Improvement Program Administration, and Property Assessment. There would be no additional staff or funding required for this department. The Department of Buildings and Neighborhood Standards would consist of Neighhorhood Standards Education and Enforcement and Building Inspections. This department would require three additional staff and an upgrade to the current Assistant ta the City 1Vlanager's position. The Acting City Manager/Neighborhood Services Director would be Vickie Schleuning and the three additional positions would be a Neighborhood Services Manager, Housing Specialist, and one support staff. There also would be two intern positions that would be cross trained to work with the Building Inspections Manager and the Neighborhood Services Manager. It is anticipated that this would only be funding sufficient to fund the new positions for nine months in 2009. The new positions would be funded by Community Development Block Grant Funds and revenues generated by the Vacant Property Registration Revenue, Administrative Fines Revenue, and Reinspection Fees. The Council and Financial Commission Members discussed the funding for this proposal and the long term of the new positions. It was noted that looking into the future, the possibility of not needing one of the three new positions and a possible reconfiguration would be considered. The majority of the Council was in consensus of this proposal and results from this current proposed reconfi uration would be rovided to the CounciL g P d that the relimin le had been a roved Fiscal and Support Services Director Jordet reporte p �'y �y PP b the De artment of Revenue and that all resources approved by the City Council in September Y P are available to the City. The City will continue with a public meeting on budget and property ve to hold a Truth in Taxation t�es for fiscal 2009 in December even though the City does not ha hearing. ADJOURNMENT Councilmember Yelich moved and Councilmember Lasman seconded to adjourn the Work Session at 9:10 p.m. Motion passed unanimously. 11 /17/08 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION NOVEMBER 24, 2008 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal Support Services Dan Jordet, Community Development Director Gary Eitel, Public Works Director/City Engineer Steve Lillehaug, Police Chief Scott Bechthold, Police Commander Tim Gannon, Fire Chief Lee Gatlin, Assistant to the City Manager Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember O' Connor requested the following correction to the Study Session minutes of November 10, 2008: Pa�e 2, Para�ranh 3. Third sentence: "Any of the designated 49 4d properties..." It was the majority consensus of the City Council to accept the above correction to the November 10, 2008, Study Session minutes. Mr. Boganey stated the following correction to the Banking Services Request for Proposal under agenda item No. l 1 d: The correct RFP Submission Deadline date is January 7, 2009 (correction on pages 2 and 7 of the RFP). Mr. Boganey stated the following correction to the memorandum dated November 20, 2008, on agenda item No. 11 a: Budget Issues: "The JPA does not require a commitment of direct financial contribution by the members..." and "...it is conceivable that members may be asked to contribute..." Mr. Boganey requested the following addition under Miscellaneous on the Study Session agenda: Item No. b: Update on Annual City Council Retreat. 11 /24/08 -1- DR.AFT Councilmember O'Connor requested discussion on agenda item No. 7a. She verified with Mr. Boganey that the Special Session Minutes of November 5, 2008, reflect the correction to the ballot numbers discussed at the November 10, 2008, Study Session. MISCELLANEOUS a. CENTENNIAL CELEBRATION REPORT Ms. Diane Sannes, Chair of the Centennial Celebration Committee, provided an update on the progress of the Centennial Celebration Committee. She stated the Committee met twice over the summer and invited the entire City to attend and present ideas. Ms. Sannes reported on the Steering Committee consisting of the following areas: youth representative; fund raising; budget; projects, events, and programs; support services; volunteer recognition; outreach; public relations; and Brooklyn Center Mayor. Ms. Sannes encouraged the City Council members to contact her in regards to what area they would like to participate. She requested direction on how the Council would like reporting to be done by the Committee and how the information should be communicated to the public. The majority consensus of the City Council was that Centennial Celebration Committee reports are to be presented quarterly in 2009 and monthly in the first seven months of 2010, then moving to reports at every Council meeting or study session. Reports are to be presented at study sessions and re lar Ci Council meetin s. In June of 2009 there will be Council recognition of �3' g the Committee Chair and volunteers. b. Annual City Council Retreat Mr. Boganey stated Mr. Don Salverda is available to attend the City Council Retreat on February 28, 2009. If the Council agrees, staff will request Mr. Salverda to prepaxe an agenda and attend the annual City Council Retreat on this date as was discussed at the November 10, 2008, Study Session. The majority consensus of the City Council was to authorize staff to request Mr. Salverda to prepare an agenda and attend the annual City Council Retreat on February 28, 2009. There was discussion on Councilmember-Elect Roche's planned attendance at the League of Minnesota Cities conference for newly elected officials in February of 2009. There was also discussion on Councilmember-Elect Roche's upcoming meeting with City organizational leaders. Mr. Boganey indicated he will provide the full Council with information on the scheduled orientation meeting with Councilmember Elect Roche. He stated an alternate meeting date can be h meetin and would like a arran ed for an members of the Council who are unable to attend t e g Y g refresher. 11 /24/08 -2- DRAFT DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS COUNCIL AGENDA ORDER OF BUSINESS CITY COUNCIL Mr. Boganey introduced the item and stated the Council had indicated a willingness to consider a change in the order of business as it relates to Council Reports. A copy of the Council Policy establishing the Order of Business for Council meetings has been provided for the Council's review. There was discussion on changing the Order of Business to move Council Report to the end of the agenda. Mayor Willson and Councilmembers Lasman and Ryan stated their support of Council Report remaining on the agenda. It was noted that the purpose of Council Report is to inform the public and also for Council Members to report to the full Council on assignments and committees they serve. Mr. Boganey advised that moving Council Report to a different point in the agenda would require a vote by the City Council on the modification to Council Policy establishing the Order of Business for Council meetings. Mayor Willson stated his opposition to moving Council Report to a different location in the meeting agenda. It was the majority consensus of the City Council to direct staff to include a resolution adopting a modification to the Council Policy establishing the Order of Business for Council meetings on a future agenda for a vote by the Council. The modification for consideration is to move Council Report from the current place in the agenda to the last item before adjournment. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimousiy. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session at 6:49 p.m. Motion passed unanimously. 11/24/08 -3- DRAFT SUPER AMERICA QUARTERLY UPDATE Mr. Bechth ld rovided a brief overview and answered uestions of the Council on the 90 Da o P q y Assessment of Super America Performance Plan as outlined in the November 21, 2008, memorandum to the City Council. Mr. Bechthold stated the Council will continue to be updated and a written report is planned in June of 2009. ADJOURNMENT Councilmember Yelich moved and Councilmember Lasman seconded to close the Study Session at 6:56 p.m. Motion passed unanimously. l l /24/08 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 24, 2008 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER 1NFORMAL OPEN FORUM, The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal Support Services Dan Jordet, Public Works Director/City Steve Lillehaug, Community Development Director Gary Eitel, Fire Chief Lee Gatlin, Police Commander Tim Gannon, Assistant to the City Manager Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ms. Denise Anderson, 5848 Dupont Avenue North, addressed the Council and expressed her concern regarding the rental property located directly next to her home. She stated her neighbor down the street is also attending tonight. She stated she is here to see what the City can do to help them out with rental properties in the City. She sent emails and received responses from a few of the Council members, but did not receive any resolute answers. Mr. Boganey requested Ms. Anderson to state what she is requesting of the City. Ms. Anderson replied her request is that the City deny rental of the subject property. As a citizen that has dealt with numerous issues there and she would like to see it not be a rental property. The property was for sale, and the for sale is down as of today. She has been in contact with the homeowners numerous times. There were gunshots fired and her home was surrounded by police officers saying she needed to get back in her home and shut the door. She does not know where to go on this and is asking for help from the City CounciL Mayor Willson informed Ms. Anderson that information provided from staff and the Police Department will be used for discussion on her request and concerns. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Fonun at 6:49 p.m. Motion passed unanimously. I 11 /24/08 -1- DRAFT 2. INVOCATION Councilmember Yelich re uested a moment of silence and ersonal reflection as the Invocation. q P 3. CALL TO ORDER REGULAR BUSINESS MEETING nter Ci Council met in Re ular Session called to order b Mayor Tim Willson The Brooklyn Ce ty g Y at 7:00 p.m. 4. ROLL CALL Ma or Tim Willson and Councilmembers Ka Lasman, Mary O'Connor, Dan Ryan, and Mark Y Y Yelich. Also present were City Manager Curt Boganey, Director of Fiscal Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development 're Chief Lee Gatlin Police Commander Tim Gannon, Assistant Eitel Plannin Fi Director Gary g, I to the City Manager Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ryan: No report Councilmember Lasman reported on her attendance at the following events: November 15th Brooklyn Historical Society Sesquicentennial Event at Brookdale Library November 19th Crime Prevention Meeting November 20th Special Events Committee Meeting: Brooklyn Center Awards Night Celebration will be held on Februaxy 7, 2009, at the Earle Brown Heritage Center Councilmember Yelich: No report Councilmember O'Connor reported on her attendance at the following event: Brooklyn Historical Society Meeting Housing Commission Meeting Cable Commission Meeting League of Minnesota Cities and Metro Cities Conference Mayor Willson reported November 14th City Council meeting with City Attorney LeFevere to complete the City Manager Review November 17th Budget Committee meeting with the full Council present 11/24/08 -2- DRAFT November 18th Dangerous Dog Hearing November 19th Visit Minneapolis North meeting November 19th meeting with Northwest Hennepin Human Services Council November 23rd North Brookdale Alliance Church joint Sunday service with the Hmong community that shares the church facility 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of November 10, 2008, and the following consent items were approved: 7a. APPROVAL OF MINUTES l. November 5, 2008 Special Session 2. November 10, 2008 Study Session 3. November 10, 2008 Regular Session 4. November 10, 2008 Work Session 7b. LICENSES CHRISTMAS TREE SALES 5040 Brooklyn Blvd PQT Company dba Rum River Tree F 3245 Bass Lake Road PQT Company dba Rum River Tree Farm MECHANICAL D L Johnson Heating and Air 19620 Jackson Street NE, East Bethel Neil Heating A/C P O Box 29292, Minneapolis Superior Heating, Air Conditioning, Electric Inc. 3731 Thurston Avenue, Anoka Total Air, Inc. 9060 247th Street E, Lakeville RENTAL INITIAL Xerxes Avenue, LLC 5211 Xe�es Ave N Chad Johnson 6837 Beard Ave N Ryan Meyer 6807 Humboldt Ave N C304 Raymond Charest 6813 Humboldt Ave N B202 Raymond Charest 6819 Humboldt Ave N A104 William Lind 3112 Charles Rd Cha Lee RENEWAL Brookside Manor Apts 1300 67�' Ave N Anda Construction 11/24/08 -3- DRAFT 5347-53 Brooklyn Blvd Randall Cook 5316-20 Russell Ave N Daniel Hedlund 5337 70�' Cir Gary Bistodeau 6618 Colf� Ave N Momolu Florence Kpakelipaye 5906 Dupont Ave N Bruce Goldberg Motion passed unanimously. 8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS -None. 9. PUBLIC HEARING 9a. ORDINANCE AMENDMENTS REGARDING THE SALE OF MOTOR VEHICLES 1. ORDINANCE NO. 2008-13 AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES REGARDING THE SALE OF MOTOR VEHICLES 2, ORDINANCE NO. 2008-14 AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE SALE OF MOTOR VEHICLES Mr. Boganey introduced both items, discussed the history, provided an overview of the proposed ordinance amendments, and answered questions of the City CounciL There was discussion on Section 23-1205. Mr. Boganey explained car dealer licenses are issued by the State. Councilmember Lasman moved and Councilmember Yelich seconded to open the Public Hearing on Ordinance Nos. 2008-13 and 2008-14. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. There was discussion on Section 23-1205, specifically in relation to car dealer licenses. Mr. Boganey stated individuals axe required to obtain a car dealer license to sell both new and used cars in the State. Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2008-13 Amending Chapter 23 of the City Code of Ordinances Regarding the Sale of Motor Vehicles. Motion passed unanimously. 11/24/08 -4- DRAFT Councilmember Lasman moved and Councilmember Yelich seconded to adopt ORDINANCE NO. 2008-14 Amending Chapter 35 of the City Code of Ordinances Regarding the Sale of Motor Vehicles. Councilmember O'Connor moved to amend the proposed ordinance as follows: Section 35-322, 3, e: The sale of motor vehicles at retail provided the use is conducted on at least a t��} two (21 acre parcel of land containing a structure or structures occupying a minimum of fifteen percent (15%) of said parcel of land. Motion died for lack of a second. Councilmember O'Connor voted against the same. Motion passed. 10. PLANNING COMMISSION ITEMS None. 11. CQUNCIL CONSIDERATION ITEMS 11a. RESOLUTION NO. 2008-126 ENTERING INTO A JOINT POWERS AGREEMENT TO PARTICIPATE IN THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH Mr. Boganey introduced the item, discussed the history, provided an overview of the Joint Powers Agreement (JPA) to participate in the Brooklyn Bridge Alliance for Youth, and answered questions of the City CounciL I There was discussion on possible costs incurred by the City in the future association with the JPA. Mr. Boganey clarified that to date there has been no discussion among the possible JPA members about any financial contributions that would be required by members. However, there is staff time involved to operate and run this type of program. The JPA will likely apply for grants to various agencies and foundations to fund those costs. The JPA collaboration will likely improve the chances of the organization receiving outside funding. He pointed out that it would not be fair to assume that there will never be a request to each of the members to contribute; however, that will not be known until they proceed further with the collaboration and begin looking at various costs. He stressed that the proposed JPA does not commit any of the parties to any financial contributions. Councilmember Ryan moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2008-126 Entering into a Joint Powers Agreement to Participate in the Brooklyn Bridge Alliance for Youth. Councilmember Yelich questioned whether the proposed Brooklyn Bridge Alliance will be an effective solution for crime reduction. He expressed concern regarding the possible costs incurred by the City as a member of the Alliance, the need for comprehensive strategies to address crime, and the possibility of efforts being duplicated with youth programs being 11 /24/08 -5- DRAFT coardinated by the Northwest Hennepin Human Services Council (NWHHSC). He stated his opposition to the proposed resolution. Mayor Willson stated his support of the proposed resolution and the City's involvement in the Brooklyn Bridge Alliance. There was discussion on the regional efforts of the proposed Brooklyn Bridge Alliance and the effort to address the issue of youth crime, comprehensive strategies of the City to ac�dress crime, and the PERF Study in relation to the efforts of the proposed Alliance. It was noted that there has been discussion on the likely cuts to youth programs due to NWHHSC funding cuts. Councilmembers Yelich and O'Connor voted against the same. Motion passed. llb. RESOLUTION NO. 2008-127 AUTHORIZING THE EARLY ORDER/PURCHASE OF SIX 2009 FORD CROWN VICTORIA POLICE PATROL VEHICLES Mr. Boganey introduced the item, discussed the history, stated the purpose of the proposed resolution, and answered questions of the City CounciL Mr. Boganey clarified that the patrol vehicles will be three years old at the time they are replaced, that the request is to make the order now rather than a few months from now in January, and that the replacement vehicles were ordered at the same time of the year last year. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-2008-127, Authorizing the Early Order/Purchase of Six 2009 Ford Crown Victoria Police Patrol Vehicles. Motionpassed unanimously. llc. FRANCHISE FEE ORDINANCE AMENDMENTS L AN ORDINANCE AMENDING ORDINANCE NO. 2003-22, EXHIBIT A; FEE SCHEDULE FOR AN ELECTRIC FRANCHISE FEE ON XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF BROOKLYN CENTER 2. AN ORDINANCE AMENDING ORDINANCE NO. 2003-23, EXHIBIT A; FEE SCHEDULE FOR A NATURAL GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER Mr. Boganey introduced both items, discussed the history, and stated the purpose of the proposed ordinance amendments. There was discussion on the proposed rate increases. 11/24/08 -6- DRAFT Mr. Jordet answered questions of the City Council on the proposed ordinances and proposed fee schedules. In response to questions on the utility classifications as outlined in the October 29, 2008, letter from CenterPoint Energy Minnegasco, Mr. Jordet stated staff will provide this information for the second reading of the proposed ordinance. Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading and set second reading and Public Hearing for January 12, 2009, of An Ordinance Amending Ordinance No. 2003-22, Exhibit A; Fee Schedule for an Electric Franchise Fee from Xcel Energy forProviding Electric 5ervice Within the City of Brooklyn Center. Councilmember O' Connor voted against the same. Motion passed. Councilmember Lasman moved and Councilmember Yelich seconded to approve first reading and set second reading and Public Hearing for January 12, 2009, of An Ordinance Amending Ordinance No. 2003-23, Exhibit A; Fee Schedule for a Natural Gas Franchise Fee on Centerpoint Energy Minnegasco's Operations Within the City of Brooklyn Center. Councilmember O'Connor voted against the same. Motion passed. lld. REQUEST FOR PROPOSALS FOR BANKING SERVICES Mr. Jordet introduced the item, discussed the history, stated the purpose of the proposed request for proposals; and provided an overview of the proposed Request for Proposals for Banking Services. Mr. Jordet answered questions of the City Council on the Request for Proposals and the City's current banking services. Councilmember Yelich moved and Councilmember Ryan seconded to approve the Request for Proposals for Banking Services. There was discussion on monthly banking fees in relation to the Request for Proposals. Motion passed unanimously. lle. AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE OF ORDINANCES Mr. Gatlin introduced the item, discussed the history, and provided an overview of the proposed ordinance. Councilmember Yelich moved and Councilmember Ryan seconded to approve first reading and set second reading and Public Hearing for January 12, 2009, of An Ordinance Amending Chapter 5 of the City Code of Ordinances. 11/24/08 -7- DRAFT There was discussion on Section 5-203, specifically in relation to restrictions on recreational fires. It was noted that while it is proposed that permits are no longer required for recreational fires, information on recreational fire permits will be publicized in the local newspapers, the City website, and the City Watch. There was discussion on Section 5-101, specifically in relation to administration of fire department personnel. There was also discussion on Section 5-200, Adoption of the Fire Prevention Code. Mr. Boganey explained that the proposed ordinance puts the Fire Department on the same footing as the other operating departments of the City and gives the Fire Chief the same authori of other de artment directors. It was clarified that the Fire Chief has authority to �3' P terminate employees for insubordination. Councilmember Yelich moved and Councilmember R an seco nded to end debate. Y Councilmember O'Connor voted against the same. Motion passed. The question was called on the main motion on the floor. Councilmember O' Connor voted against the same. Motion passed. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:13 p.m. Motion passed unanimously. 11l24/08 -8- DRAFT I MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION NOVEMBER 24, 2008 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:13 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, Police Commander Kevin Benner, Assistant to the City Manager Vickie Schleuning, City Att�rney Charlie LeFevere, and Caxol Hamer, TimeSaver Off Site Secretarial, Inc. DRUG FREE HOUSING LEASE ADDENDUM COUNCILMEMBER YELICH Councilmember Yelich stated he has requested that the Crime-Free/Drug-Free Housing Lease Addendum be required for all rental license applicants in the City as part of their lease agreement. He has heard in the past that this has worked effectively for multi-housing units and it has been demonstrated around the country to be successful in reducing problematic behavior in rental units. He stated this provides a tool for rentaT property managers to manage in a more effective manner that is acceptable for the City of Brooklyn Center. He requested that the Council direct staff to prepare an ordinance amendment to add the Addenduxn to the City's existing rental licensing program. It was questioned whether the Crime-Free/Drug-Free Housing Addendum would be restrictive on single family homes where there may not be a lot of resources. Mr. LeFevere explained if there are provisions that do not particularly fit a single family home the Addendum could be adapted for that purpose. The idea is to ensure that the lease terms include provisions that allow landlords to get rid of problem tenants, which may be more important in the single family context than in multi-family units. He explained the Addendum gives the landlord the ability to evict, but it is not enforceable by the City. Commander Benner and Mr. LeFevere answered questions of the Council on the Crime- Free/Drug Free Housing Addendum. There was discussion on the following in relation to the Addendum: The Addendum is currently provided as an informational piece to landlords Item 2 of the Addendum, specifically in relation to difficulty of enforcement "near" single family homes 11 /24/08 -1- DRAFT Providing the Addendum as a voluntary option for landlords Ordinance amendment requiring the Addendum as part of the rental licensing program The majority consensus of the City Council was to direct staff to draft an ordinance amendment to include the Crime-Free/Drug-Free Housing Addendum as part of the rental licensing program to be presented at a future work session with additional background information including the implications on staff resources and the experience of other cities that mandate or provide incentives for landlords to incorporate the Addendum SIDEWALK VACATION HALIFAX AVENUE COUNCILMEMBER YELICH Councilmember Yelich stated this item is a follow up to a previous meeting where a resident, Mr. Caxlson, pointed out an ongoing problem with gang graffiti on his fence along a public sidewalk between residential properties. Mr. Carlson and the neighbor that adjoins that sidewalk have brought forward a suggestion about closing that sidewalk off as a possible solution for eliminating ongoing graffiti problems. There axe four properties adjoining this sidewalk; three of them have solid wood fences which get tagged by gang graffiti on a regular basis. Councilmember Yelich stated he volunteered to bring this forward for Council consideration and has asked staff to provide the Council with some additional background information about the potential solution. Mr. Lillehaug provided an overview of the November 21, 2008, memorandum on the proposed sidewalk vacation of the midblock sidewalk between Halifax and Grimes Avenues between 69�` Avenue North and 71 St Avenue North. He outlined information and answered questions of the Council on the history, utilities, walkway characteristics, vacation of walkway and easement, and budget issues associated with the requested sidewalk vacation. Mr. Lillehaug suggested consideration of installation of a wrought iron fence with hedges and closely spaced shrubs which wpuld not be tagged with graffiti and would provide screening for the residents. He ex lained t icall if these items were to be installed it would be at the expense of the private P YP Y property owner. Mr. Joel Cederholm, 7007 Grimes Avenue North, addressed the Council and stated when he purchased his house six to seven yeaxs ago the City had given over a large section of that land, and the ro ert line is at the fence. He su ested the Ci consider utting up a fence similar to P P Y gg tY P the fence running the length of 69 Avenue. Mr. Lillehaug stated as far as he is aware the 30 foot easement in this area is valid. It was noted that the fenc� on 69�' Avenue was likely part of the agreement with the reconstruction of the road. Mr. Chris Caxlson, 7000 Halifax Avenue North, addressed the Council and questioned why it would be a problem to move the fence, as the manhole access is already on his property. He stated he does not have a problem with the easement but would like the property owners to have the ability to put a fence or fences along the property line to cut off the traffic from Grimes Avenue to Halifax Avenue. He stated due to the changing demographics of the neighborhood he does not believe there are children living on Grimes Avenue who attend St. Alphonsus School. Visible access to the sidewalk only comes when you are standing at one end or the other; if you move three feet in either direction you cannot see to the middle of the block, let alone the other 11 /24/08 -2- DRAFT end. He stated blocking off the area with private residential fencing is the best answer to their particular problem in this area and the access to the sewer and the drain would still be available as it is right now. It was noted that the City would have the right to remove fencing impeding access in the easement. Mr. Lillehaug explained that an encroachment agreement would be an option if it were to be determined to allow fencing to be constructed in the easement. He stated he recommends that the Council not feel the utility issue is the dictating issue; he would recommend that the issue to consider is the idea of whether the sidewalk is a valuable part of the infrastructure for connectivity. There was discussion on an encroachment agreement and a mailing to determine if the sidewalk is being used by property owners in the a.rea. It was suggested that cameras may be beneficial in identifying individuals involved with vandalism in the area. Mr. Boganey stated there is not any clear evidence that the Police Department has not been responsive to calls to this area. He believes the Police Department has had some contact with the residents and a meeting is being planned to meet with the property owners to discuss some possible things the Police Department can do to come to a better resolution. If the installation of cameras is something the Police Department suggests as a viable alternative it can be explored. The majority consensus of the City Council was that a formal request for vacation be submitted i by the four�roperty owners along the midblock sidewalk between Halifax and Grimes Avenues between 69 Avenue North and 71 Avenue North in order to proceed with further consideration by the City. It was stressed that the property owners need to be aware of the costs that will be incurred if the sidewalk is vacated and potential problems, such as the removal of the fence for access to the utilities. Mr. Boganey suggested that Mr. Lillehaug work with the property owners to draft an appropriate petition that identifies possible future obligations of the property owners. EMPLOYEE USE OF COMMUNITY CENTER CITY MANAGER Mr. Boganey introduced the item and stated the Council is being asked to consider the request of the City Wellness Committee to offer use of the Community Center to employees at no charge as a way of encouraging fitness and improved health which should contribute greater productivity and reduced health care expense. Mr. Boganey provided background information on the benefits for employers and employees in relation to employee fitness programs and answered questions of the Council on the proposed employee fitness program. The majority consensus of the City council was to direct staff to include adoption of the proposed employee use of the Community Center on a future agenda for Council consideration. 11/24/08 -3- DR.AFT COMMUNITY SURVEY CITY MANAGER ed the item and rovided back round information on the draft Community Mr. Boganey intr�duc p g Survey prepared by Decision Resources. He requested discussion and feedback from the Council on the proposed survey. Mr. Eitel answered questions of the Council on the draft Community Survey and the process used by Decision Resources. It was noted that Decision l�esources has indicated a 95% accuracy rate with surveys relating to bond issues. It was noted that it is important that there is not any bias included in the survey questions. Mr. Boganey requested that Council Members email him with any specific questions or concerns about specific questions, which will be forwarded to Decision Resources. He stated the preference would be to have the results from the survey prior to the Annual City Council Retreat scheduled in February. He stated he would be reluctant to suggest that the City decide what the questions would be or how to word them. However, if there is a concern on a question he will share that with the consultants. The majority consensus of the City Council was to authorize staff to proceed with the community survey with Decision Resources. Council Members are to email questions or concerns on specific questions to Mr. Boganey. The questions/concerns will be forwarded to Decision Resources for their consideration. VACANT BUILDING FEES Ms. Schleuning provided background information and provided an overview of fee comparisons for various cities for re-occupancy type services and the following proposed resolutions: Re-inspection Fees and City-Facilitated Abatement Charges Vacant Building Registration Fees Ms. Schleuning answered questions of the Council on the proposed resolutions and fee schedule. The majority consensus of the City Council was to direct staff to include the proposed resolutions to amend various fees related to building inspections and the new vacant property ordinance on the next regular City Council Meeting agenda for Council consideration. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan seconded adjournment of the City CouncillEconomic Development Authority Work Session at 10:44 p.m. y Motion passed unanimously. 11 /24/08 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA TRUTH 1N TAXATION BUDGET HEARING DECEMBER 1, 2008 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met for the Truth in Taxation Budget Hearing and the meeting was called to'order by Mayar Tim Willson at 7:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, and Deputy City Clerk Maria Rosenbaum. PRESENTATION ON PROPOSED GENERAL FUND TAX LEVY AND GENERAL FUND BUDGET Fiscal and Support Services Director Dan Jordet outlined materials presented that included the following for the proposed General Fund T� Levy and General Fund Budget: Purpose of the meeting 2009 Budget Goals 2009 General Fund Overview Highlights Revenues by Source for 2005-2009 Fiscal Years Expenditures by Department for 2005-2009 Fiscal Years Expenditures by Type 2005-2009 Fiscal Years Special Revenue Funds Debt Service Funds Water, Sewer, Storm Drainage, Street Light, and Recycling Utilities Other Enterprise Funds Capital Projects Internal Service Funds 2009 Proposed Property T� Levy Changes in Median Residential Value and City Tax Remaining Steps There was discussion on the information presented where Fiscal and Support Services Director Jordet addressed questions from the City CounciL DRAFT 12/O 1 /08 1 PUBLIC COMMENT ON PROPOSED LEVY A motion by Councilmember Lasman, seconded by Councilmember Ryan to open for Public Comment. Motion passed unanimously. Dan Remiarz, 6201 June Avenue North, addressed the Council to express his concern with bonding for City projects. There was discussion regarding the bonding process used and how it is borrowed only to pay the property owners portion of City projects, not the City's portion. Mr. Remiaxz informed that he would like to have the property at 6200 Kyle Avenue North addressed by the City's Code Enforcement Department. Milton Matthews, 2329 55�' Avenue North, addressed the Council to express his concern regarding the depreciation value of his home and the increase of taxes for his property. There was discussion regarding the City not having control over market values and the issues the City is facing that has slightly increased the overall taxes for 2009. Tim Roche, 816 69�' Avenue North, addressed the Council to inquire if the proposed budget had any additional dollars that may help with signage and other improvements for City Ha1L There was discussion that this proposed budget had taken several months to achieve getting a balanced budget and that at this time there is no additional money to help with signage and other improvements. A motion by Councilmember Lasman, seconded by Councilmember Ryan to close Public Comment with notation that there would be no continuation to December 8, 2008. Motion passed unanimously. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Ryan seconded to adjourn the meeting at 9:03 p.m. Motion passed unanimously. DRAFT 12/Ol/08 -2 i �it �c�u���l �4.ge�d� It��. x. COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: D�cember 2, 2008 SUBJECT: Licenses for Council Approval Recommendation: It is recommended that the City Council approve the following list of licenses at its December 8, 2008, meeting. Background: The following businesses/persons have applied for City licenses as noted. Each businesslperson has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. GASOLINE SERVICE STATION Awad Company 6501 Humboldt Avenue North Bassil Co. dba Marathon 1505 69 Avenue North LIOUOR CLASS A ON-SALE INTOXICATING AND SUNDAY, Applebee's 1400 Brookdale Mall LIOUOR CLASS B ON-SALE INTOXICATING AND SUNDAY, AMF Earle Brown Lanes 6440 James Circle North Crowne Plaza 2200 Freeway Boulevard LIOUOR CLASS D ON-SALE INTOXICATING AND SUNDAY, Oak City 2590 Freeway Boulevard LIOUOR CLASS F ON-SALE INTOXICATING AND SUNDAY, Flik International Earle Brown Heritage Center 6155 Earle Brown Drive LIOUOR ON-SALE CLUB INTOXICATING AND SUNDAY, Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard i �Page 2 Licenses for Council Approval December 2, 2008 LIOUOR ON-SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIOUOR, C 1 Buffet 6090 Shingle Creek Parkway 50's Grill 5524 Brooklyn Boulevard Great India 6056 Shingle Creek Parkway LIOUOR ON-SALE 3.2 PERCENT MALT LIOUOR Centerbrook Golf Course and Central Paxk 6301 Shingle Creek Parkway Davanni's Pizza and Hot Hoagies 5937 Summit Drive Scoreboaxd Pizza 6816 Humboldt Avenue North LIOUOR OFF-SALE 3.2 PERCENT MALT LIOUOR Awad Company L 6501 Humboldt Avenue North Bassil Co. dba Marathon Z 1505 69th Avenue North Cub Foods Brookdale 3245 County Road 10 Sun Foods 6350 Brooklyn Boulevard SuperAmerica #3192 6950 Broo�Clyn Boulevard SuperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57th Avenue North Value Food 6804 Humboldt Avenue North Subject to submittal of Liquor Liability Insurance Certificate Z Subject to approval of background check by Police Department MOTOR VEHICLE DEALERSHIP Pear Marketing Inc. dba Cars with Heart 6121 Brooklyn Boulevard (License is effective January 3, 2009, when the two ordinance amendments relating to motor vehicle dealerships become effective) RENTAL See attached report. TOBACCO RELATED PRODUCT Awad Company 6501 Humboldt Avenue North Bassil Co. dba Marathon 1505 69�' Avenue North a v �r a n v r r t�. ,s,,.�.,,.. ....4. ,s, .f .a.. �a,, a,� 3 .x,- .:•vtt a a f� g.. <w... �Y x �n P^ w >:..::n�. ..s. �x. ,n,. m�� ...2 2 s ,«,.�:�.,z T �t. 3� �z� ...�5 �c y .�a.;n.� .r_:y., x;s a .r'„ ,.,�s.:._ a x �a...�'.. d. a �s �.a t,.. »w, s,.,, n,'�" �,.,a,, .,z� t a� n p s ,s,� .z l�•wr� -.,.4��,°y:.. :z,.k.� r .ni•�� 4 `Sn.>-� F���;; K �`�4.. 9 q'� r 3.� „�,s?: �^'K�: E u t, .,...5.. C `n�,5 r �x, �?3 �"s'�"'�; v'� B �r� t s �=��t ,:f:, v i ',w r� �'J� s °4^-., <�:'.'e .'F�.. �i:$. '�*�'.v,�'.. 3 F, s i 'M7's�.�e.. �A 2,•»r, �`�.m�s. s r°' os a d i q s H`S� f i Y �.r� `4` ,.:.T� y a S.�' 3 5���� s ect�ar���� �u.�. �t"ti' N�i� j A Y ;s., �e, 3�'� >:t�.....,,,, wn y°, y��- F .,�y y� a"��, "'��?�r kk'y:' ag" f ��J� ���R3�... o '�P,� C� �'.�1���.l�.: ,t �t,e :&�''�'1 �o'�� 1;.6 �h t, �i'.' s� s`<' ,,p .0 c,• y� y �r� �.�e�.�. ���a'�'.' ,�,s., a�.. "x' 'a°���:. y a.�p Rh� g r r, ry� v. s .:czx o �E A .a e ��C y�' �`f�� �FY, Pow�..� v S.� >�F:?� a..� s�4�t^'.:.3 N..�:a.�: Q ,<��?`��,������w`�� a;:. a, �.���4�,:��:nm�xM.��,"� ,�T�.. f,*:��: s �a?�;.�."5.�,-,•; ....r.,.. ,x".� u E k._ "u:, 4306 65th Ave N �Single Family �Initial Laura Ben 1 Disturbing Peace per 12-911 OK OK 6001 Dupont Ave N �Single Family Initial �Donald Carlson �None per 12-911 OK OK I6349 Halifax Dr �Single Family Initial �Charles Bright/Qiang Fang �None per 12-911 OK OK 5642 Humboldt Ave N �Single Family Initial �Bill VanKempen �None per 12-911 OK OK 5550 Girard Ave N �Single Family Renewal �Restart, Inc. �None per 12-911 I OK OK 4718 Twin Lake Ave �Single Family Renewal �Richard Elizabeth Becht �None per 12-911 OK OK City Council Agend.� It+�m No. $a City of Brooklyn Center A Millennium Community COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services DATE: December 2, 2008 SUBJECT: Resolution Expressing Appreciation for the Donation of the Brooklyn Center Lioness Club in Support of the 2009 Safety Camp Program Recommendation: Staff recommends acceptance of this donation, and asks that it be coded to the corresponding activity budget. Background: The Brooklyn Center Lioness Club has presented to the City a donation of one hundred dollars. ($100.00} They have designated that it be used to support the 2009 Safety Camp Program. As this activity is largely funded through contributions, this donation will allow for the continuation of this important program. Budget Issues: None noted cc: Fiscal Support Services 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (�63) 569-3434 FAX (763) 569-3494 www. cityof brooklyncenter. org Member introduced the following resolution and moved its adoption; RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER LIONESS CLUB 1N SUPPORT OF THE 2009 SAFETY CAMP PROGR.AM WHEREAS, the .-Brooklyn- Center Lianess Club laas pres�nted to the City a r donation of one hundred dollars ($100), and asked that it be used to support the 2009 Safety Camp Program; and WHEREAS, the City Council is appreciative of this donation and commends the Brooklyn Center Lioness Club for its civic efforts. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donation with gratitude. 2. Appropriates the donation to the corresponding activity budgets. December 8. 2008 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 thereo£ and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i �i Council Agenda Ite� l�T�. t;Y City of Brooklyn Center A Millennium Community COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services DATE: December 2, 2008 SUBJECT: Resolution Expressing Appreciation for the Donation of the Brooklyn Center American Legion Post 630 in Support of the 2009 Safety Camp Program Recommendation: Staff recommends acceptance of this donation, and asks that it be coded to the corresponding activity budget. Background: The Brooklyn Center American Legion Post 630 has presented to the City a donation of five hundred dollars. ($500.00) They have designated that it be used to support the 2009 Safety Camp Program. As this activity is largely funded through contributions, this donation will allow for the continuation of this important program. Budget Issues: None noted cc: Fiscal Support Services I 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER AMERICAN LEGION POST 630 1N SUPPORT OF THE 2009 SAFETY CAMP PROGRAM WHEREAS, the Brooklyn Center Americ�n Legion Post 630 has presented to the City a donation of five hundred dollars ($500), and asked that it be used to support the 2009 Safety Camp Program; and WHEREAS, the City Council is appreciative of this donation and commends the Brooklyn Center American Legion Post 630 for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donation with gratitude. 2. Appropriates the donation to the corresponding activity budgets. December 8, 2008 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. Ci C�ru�cil .�gend�. I�em� l�Tr�. COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Rc�nald A. Warren, Planning and Zoning S_ cialist ��1�,� DATE: December 2, 2008 SUBJECT: Planning Commission Application No. 2008-008 Recommendation: It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. Background: On the December 8, 2008 City Council Agenda is Planning Commission Application No. 2008- 008 submitted by Dale Carlstrom for ISD 279/Osseo School District requesting a Special Use Permit Amendment for parking lot screening. This matter was considered by the Planning Commission at their October 30 and November 20, 2008 meetings and was recommended for approvaL Attached for your review are copies of the Planning Commission Information Sheets for Planning Commission Application No. 2008-008 (dated 10-30-08 and 11-20-08) and also an area map showing the location of the property under consideration, the Planning Commission minutes from the two meetings relating to the Commission's consideration of this matter and other supporting documents. Budget Issues: There are no budget issues. Application Filed on 10-21-08 City Council Action Should Be Taken By 12-20-08 (60 Days) Planning Commission Information Sheet Application No. 2008-008 Applicant: Osseo ISD No, �79 Location: 7020 Perry Avenue North (Willow Lane School) Request: Special Use Permit Amendment The applicant, Dale Carlstrom, Director of Facilities and Transportation Operations, on behalf of the Osseo Independent School District No. 279, is seeking a Special Use Permit for parking lot screening to convert a bituminous area primarily used for outdoor basketball to a parking facility at the Willow Lane Elementary School site, 7020 Perry Avenue North. This application was reviewed by the Planning Commission and a public hearing conducted on October 30, 2008 at which time the matter was laid over to give the School District time to consider a modified plan that would shift the entrance to the parking lot to the south as was suggested during the meeting. (See Planning Commission Information Sheet dated October 30, 2008 �nd the Planning Commission minutes from that date for additional informat�or�, attached.) It was suggested during the public hearing portion of the meeting that the School District consider shifting the entrance to the 70` intersection area. The public hearing was closed at that meeting and the school district was requested to review such a possible relocation. The city staff including myself, the Community Development Director, the Community Activities, Recreation and Services Director (CARS) Jim Glasoe and Engineering Tech Bruce Johnson met with Mr. Carlstrom to discuss possible modifications that would shift the entrance as was suggested. Such a location would have necessitated relocating a trail, a crosswalk and possibly a ball field to accommodate the plan. It would have also required approval by the City Council following review and recommendation from the Park and Recreation Commission to grant access over city park property to the parking lot and the modifications suggested. This did not seem like a desirable proposal given the changes that would need to be made and recent land shifts between the City and the School District. It was suggested as an alternative that the new entrance to the parking lot be shifted about 30 ft. or so to the south so that it would be directly across the street from the property line separating 7001 and 7007 Perry Avenue North avoiding direct headlight glare from the site to the home at 7007 Perry. The home at 7001 Perry faces 7p Avenue North and the plan was not considered a major disruption to these two properties. No additional hard surfaced area other than that needed to accommodate the shifting of the driveway would be needed. Twent six rather than 28 s aces would be rovided iven the proposal. Y P P g Berming and landscaping would be extended to the south to screen the parking lot and an additional Colorado Blue Spruce Tree plus 12 more Blue Chip 7unipers would be added at the nd arkin lot would be com letel f he erm for screenin u oses. The drivewa a Y to o t b g P P g P 1 P Y P �'n an formal easement from the Cit and no within the school distnct s ro ert not re uin Y P P Y� 9 g Y 11-20-08 Page 1 review necessary through the Park and Recreation Commission. The Planning Commission also requested review regarding whether the Adult Education Program to be conducted at Willow Lane School is consistent with allowable uses of the property. The Commission is aware that K-12 uses are not allowed in Commercial zoning districts, however, the converse of this is not necessarily the case. Programs operated by the School Dis.trict �vithin their facilities such as c�mmuni�� educatzon programs and_oth�r�r��rams_ have been acknowledged over the years as allowable uses within the parameters of the uses acknowledged in the zoning ordinance. It would be the same for the Adult Education uses proposed at Willow Lane School. Approval of the Special Use Permit Amendment, in this case, should acknowledge the expanded use of the school for this purpose. Mr. Carlstrom has established a neighborhood informational meeting for 7:00 p.m. on Tuesday evening at the Willow Lane School to review the proposed modifications and seek neighborhood comment. We will be prepared to review that meeting at the Commission's Thursday evening meeting. Informational notices have been sent to those receiving notice of the Planning Commission's October 30, 2008 public hearing. As mentioned previously, the public hearing was closed at that meeting, but could be reopened if the Commission chooses. RECOMI��NDATION We believe the modifications are acceptable alternatives and the screening plans acceptable as appropriate screening for a parking lot across the street from residential property. We, therefore, recommend approval of the application subject to the following conditions: L The Special Use Permit Amendment acknowledges appropriate parking lot screening consistent with Section 35-711 of the city's zoning ordinance. 2. The S ecial Use Permit Amendment acknowled es adult education uses as P g appropriate uses within the zoning classification of the city's zoning ordinance. 3. Grading, drainage, curbing and parking lot plans are subject to review and approval by the City Engineer priar to issuance of permits for the project. 4. Building permits for the proposed parking lot improvements are subject to the approval of the Building Official prior to the issuance of building pernuts. 5. The applicant shall provide appropriate erosion and sediment control devices on the site durin ved the Cit En ineerin De artment. g construction as appro by y g g p 6. All work performed and materials used for construction of parking lot, sidewalk and curb and gutter improvements, shall conform to the City of Brooklyn Center's current Standard Specifications and Details. i 11_2�_�g Page 2 7. The S ecial Use Permit Amendment is sub'ect to all a licable codes, ordinances P J PP and regulations. Any violation thereof could be grounds for revocation. 8. Lighting on the property shall be consistent with Section 35-712 of the City Ordinances with respect to light intensity and avoidance of light glare. 11-20-08 Page 3 2 PEF�i�"f GT. W. 3. PERRY Pl E d. BRaOKLYN PL 5. WINGARO FL 6. E:1.1�41L C1R. 4 I 1� I I�BINE I�- I I i I.I I F ��c� ��i,; �I11lII► �I ;i z I I I Ililli� E I I i i a! I i I 1 I a i s r��v�. y� u1 r�vu I z� PLANNING COMMISSION i�� i i i APPLICATION N0. 2008-008 j i� i 1 I I I� I I I G= i i i� i t �'i l C1 ,avE�,N., z I f w R3 r f- i i� p a- I R� z I I�� I I W I E I ti{ _ti_= 7o�t-� AvE N avE N. I� I I I' L-.� I I a I I '.vL z I f I i �u I a ���:z�r I I I i•:_Y.�� i r -f l,;I;� C I Q I r� I I I I I i I I 1 ?v;� I i I 1 I I f 1 I I .:I' 4 6 W j ��,c�` 1 l i I� 1 i 1 j 1 �tl� t eBTH. �!E N.( 1 a PL 6HTH�.IV. ti i i I R 3 i Z o w l Q I 4+� 4 f�� I I'-' i! f I �V C. 1 �-t Ii .y�.�.�:.: -z .:�:Y;: V V. i� Q ~f �_I 1 1 �""__I i I 1 I I i I 4��1 !,��,a�,����-�b l si I I I I I i LOGISMap Output Page Page 1 of 1 i �'p ss z�' s �'3. y o z' a a 7� �i ��F .�,o-� x k k �s Cd7q.n�vteMw�l�AS..�r £.LL ...���w, �„��ei� l http://gis.logis.orglLOGIS_ArcIMS/ims?ServiceName=bc_LOGISMap_OV &ClientVersi... ll/17/2008 I i i �w.,'� f i.:; q �.....�d...a.n.�.�... mmI ;��1 f t]1 J(..� i i i m „e.�.� �,a. .a.n r �s a..,.�.� I 4 .,;e..�....bo...m... a..... a. .e.��.... r,' I w.n.w.c�....m�.w I �MLDHOOD CEN FR M� �.nn..a.K ....�.nr.eu.e r. i i i i �e.�� �m�..n.0 w N. r WILLOW LAME EApL.T i C i CFIILDU00D GENTER j m y �m.a+r.wn oan+sania e ��a i i ..s""°" �,a. R.a. .�..u...�.,�. k� ..�.���.......,.,,....,e. ..�.R.c..,.s�...�.�" I .�,e,� �s �.,,...�...�..�,�.s.,.,,.,.,.e M...,...b�.�a..,.�..�,,..e.�«.�..... �..m...�. F >M.�....�..r.�.,e,.w..�..a.,.�.�...,..�..a.e., M��..,.,. �.�.�.o...�.�o.......� I M..�.�„�..e„�� .���.m�.....�.�„�.,�.s �..�.,�.�,.�....a,�...�..,.d,��,. I _,....�.�....,..,...�.r.�.�..K..�,. �..A,-..�.>.. I I i s a;; a��.-a:�� j i a� e o....,��. �.,�.a i �:�:,n..��.. „A,��...,e:a,.... I i _,.R I a �.n... j i:--. i'�.i; i o I`'_' F^ I p .e..,�«.,...� w U� a o ,�,.�..d.�� o ..w.� I f I o�.': '�..:�:.�,e�...,...A. i I; I 1 3 i m...:�.......�, i �g o m II WILLOW LNIE l4RL7 """O��^' i I I U J I CFIILDHOOD GENTER 8 i FFEa l6ib0 W OW LGNE EARLT u i CHIL FFE l466m�ER m :i I i i J i �r-n.. w e� i i j i: r Q il 'w 1nL�IR1�r�iiw�r.w1 I I i b' ..a o 'zy; i y. �.`arwr�r4 Mtw� �M�4��m��u �iY�Ka/�uK.�Cr��exmrw i n i i x ienr.rwwnrwa��a+wwrwc+b.� I 4 i w rV�Inv�rorwWr�urw�uwe�r[e�f�a�mrelwu� h 4� 4. i i rv ii�h'�tMmt��a�w4o�re� 4� �n j I I I i *S v..�e w.� �.e I y,f" I I �..r� �•om e m:�r.�n t i 1 �a,...�o�...e..�..,�.,�.o.,�....u.�.e� ...m w,�s.,..�,.�,�,� I i I �ro:�a.,.,��...._�.. aM...��»,..�w....�aM2w.�.,�.a�., u I I N ��i��r•- m'" p ��W ro...e. s... ar.x,�. i I N .a. f u i u: r�� .�..i I I e `I mm. i! 'i i ��tY I .;�i.'�,.d ��UY«„ �w ��F�� s ���1� L3.0 T-�v r 'i I 1 r...i q_.:.. u I.kl t �F ouoNC cas�w rrohs w� .�.,�.�a.�...,o... ,,.«R..ab.a....�......� F f� CW1MCIdlYW.LC0f1wM000'sL�wMKI ba�ONi.vOlI�O�IW Yn �e1 tl Iuw M CMlwi R.Il� MuLI'IO+�C! Cwy' IPlGOnMlL 1l.WR� N 4��tKK AKfkF�NTE)l�itOFMEW1�'s.lUrtidf?Ilqil i �ti, �u.�nna.u�rtwua.wua.a• I: I i ��OOV'4! WIL 01'l�u�IwY Y OlilCilD T sKHRCT M pKR� rr� IR'1leM Thl LWN�YCPSRAW S nlLIC 4 Y0 o 1TIV�if LrtE�LOG�TfO1AIf.w10 sn����� i. f <cNfn�Cl I.' I �s+b�iaCNU�WUO�nw�ltlwoYW'wotecTwotMCC�ulNw4Y.�uM�Nlw�elw I I h 4 f Aollcl WN urtLL CwNiRCiIaN b fiKl6n Mo esAtuiM �uT ro[eiuL WlD. m�w�w.+t I M�N� �b�R W •,C}`NTf b� IfM 4 O�r! Mlsi O[ lelTf.wM1l� !lfDCD �W nloto. I FleOrOMO�L.�rM a C�1NlplCibl MC[ IM IevH ei GVMM IlAefMeIIK'IdOR tp 1 bl lu'�c MwMlf2 �O O! rtJClO �T �LL tMtIV c lM E Rr+C[��fsM��Y�ap IcAe�011�T1�f. /I�ibR i0 CuY11tac11A�1 K! �f1 1 I tw r Cll iNi vlatt�f j I I ww Oe.e iaaroa a. �to�ov.i w�' n os iw P,wr I twlnW iif[d.NKK! 1' e ��t�lY CP�TI2„OK Et�twlfAKtYR� �r0'M! P KD1tMiOteiW Fl110� 10 p� r. me u LY01 6' IPM.VI p r 6�fi1 r�Meaf Mdi YOLD.OPUS nw MR oRe�lb� rtW ro� LCU�bY o I fLLTbuTIOn YM Irt6�t6 M M1�Y Mtlrv W. O�pw NLIiRO tOGe(p MMM NO I J�rna �O M LMn w rownuciu.r .cfc�row i0 wow+�nw mu��D n�m M i' �I ;"r w mi is�n �i n� ioi �.""i�`mn :rw�n er na uo�c ne f IYCTOI� M4LL LOU�L bM1A'.OlK n Yp9i AfL�O DIwJNS� T0 M i i p�GYrt<I.OGE6Fn u0 T! MHCne ufill �urt Ybu�+6 LOC.�IKM P NL�M� I: 1 ��':I MlMG MCff iK M1Ytl Ow 01KT21rt Q uGwKO NlhRl .i. Il V LK�.NWM.nuLKLJ ,u�01u •ertKl�lR�pNlQea+icfv.wnm� i mwlA vµ�2 ernaq tewe t elara�.ui nrun�G �o .u.� ene� W n MiR MTRIEVUC[�wcuc neo.[ �O N��wo[ NR�CN@4 WuN n! LRm ar Z n .n I� mYiKWEw! lhR! �[�a4Yl W 1V �4� f� P �o�aw�� e rn'.n'� w iaa W U Z t .,�,.,i t. G... �outbw e url�m �ewNCCe em. ne'ewr v�'ra..o ns rwn v u.uee�w Yrw Z Q O Z y t t�� f.� ��rt�s. nuwraexw wa one� nnxc... nin xwvice mra�c+aw rowm. ourt 4 E;� w°nOiwWi nR t raua us �a.n•nc.u.. �cc.rzo. .r cwnn.c+cw wui rweNe� O- r' t ron oe.emw.nw e rwu. wu.iwa .ro xae.ee w`sr�u.nw J� oYSn�• rrw y a .warno uram rar.w.. Q F I: I i i ea..w.r �ru ee.uwee row coamwiw. ro r Mn. 1 1 �nKR1[! r0 �MNeIlrurc[� ow M o�i7til ro�iu�ow�N�MYlln �Wa�� O Q I i i V i I !F f`'`'' r i i„�� W��,��� w... o..».�. p:; il._;��i 'r, I I �W� j I i �is .,.��..�....b i ,.�....,e y f i ;i I i .a j I a,...,�. �R I i i i �1 srtE aanr_vc Fvw ti- L4.0 Application Filed on 10-21-08 City Council Action Should Be Taken By 12-20-08 (60 Days) Planning Commission Information R Sheet Application No. 2008-008 APplicant: Osseo�S� �I�.-��9 e Location: 7020 Perry Avenue North (Willow Lane School) Request: Special Use Permit Amendment The applicant, Dale Carlstrom, Director of Facilities and Transportation Operations, on behalf of the Osseo Independent School DistrictNo. 279, is seeking a Special Use Permit Amendment for parking lot screening to convert a bituminous area primarily used for outdoor basketball to a parking facility at the Willow Lane Elementary School site, 7020 Perry Avenue North. The property in question is zoned R-1 (One Family Residence) and is bounded on the north by R- 1 zoned property containing single family homes; on the east by C-1 (Service/Office) zoned property containing the school district's recently constructed Adult Basic Education facility; on the east and south by R-1 zoned property containing the city's Willow Lane Park; and on the west by Ferry Avenue with single farr�ly homes on tl� opposite side of that street. Elementar� and secondary schools as well as daycare facilities are special uses in the R-1 Zoning district. Willow Lane Elementary School has not been used as a traditional elementary school for a number of years. Early Childhood Education and other types of school programs have been operated by the school district in this facility over the years. The school district and city operate under an agreement whereby school facilities and Willow Lane Park are shared. Land was swapped between the school district and the city when the Adult Basic Education Facility at 7051 Brooklyn Boulevard was developed a few years aga BACKGROUND The school district plans to convert the bituminous basketball/play area on the south side of the school building to a parking facility to accommodate some of the expanded'educational programs to be conducted at Willow Lane Elementary. This will involve replacing the blacktop with a full depth bituminous surface and appropriate base for a parking surface which will be surrounded by B-612 concrete curb and gutter. The facility will provide parking for 28 vehicles with access to the parking lot from a new, approximate 24 ft. wide, driveway off Perry Avenue at the southwesterly corner of the parking lot. The Engineering Department has reviewed the plans and finds the proposal to meet parking lot standards, curb and gutter requirements as well as drainage requirements for such a facility. Because there will be no appreciable increase in hard surface area, no Watershed Management Commission approval or ponding areas are required. 10-30-08 Page 1 LANDSCAPE SCREENING Section 35-711 of the zoning ordinance requires all open off street parking areas having more than six parking spaces which abut along a street which is residentially zoned on the opposite side of that street to be screened from street view by a screening device as approved by the City Council. Typically this has involved the use of landscape screening that will provide screening up to a height of two to three feet primarily to avoid light glare from the automobiles utilizing the facility.- T�e-district plan involves the -r�moval of a concrete sidewalk leadang-fro�n__th� �ity sidewalk to the building and also removal of some trees in this location. They plan to build a three foot high berm along a large portion of the parking lot that will contain 18 Blue Chip Juniper planted atop the berm. Three Colorado Blue Spruce that will be seven feet high at the time of planting will be located in the area where the berm drops. They also plan to plant four, two 1 /z inch diameter Northfire Maple trees to replace the Ash trees that will need to be removed to accommodate the proposed improvements. Two of these will be at the south corner of the parking lot and two in the green area between the parking lot and the city sidewalk. The plan seems to provide appropriate screening comparable to other screening plans throughout the city. LIGHTING The plan also includes three freestanding parking lot security lights, two to be located on the east side and one on the south side of the parking lot. The light poles will be 25 ft. high and shall be presvided with lenses, reflectors or sfiades to eoncentrate light on the site to be consistent wit� Section 35-712 of the city zoning ordinance. That section of the ordinance limits light intensity to no greater than three foot candles at the property line in residential areas and also prohibits light glare. The photometric plan shows foot candles from the light poles to be no greater than .5 foot candles at the property line and the fixtures will direct light down on the site and avoid off site glare. SPECIAL USE PERNIIT STANDARDS A public hearing is scheduled for this Special Use Permit Amendment and notices to surrounding property owners have been sent in accordance with the requirements of the city's zoning ordinance. Attached for the Commission's review is a co of Section 35-220 containing the PY e uire that the ro osed s ecial use and an Standards for Special Use Permits. These standards r q p p p y e and not be detrimental subsequent amendment, promote and enhance the general public welfar nd en' o ent of t e m unous to the use a to or endanger the health and safety of the public; no b ym 'minish or im air ro ert other property in the immediate neighborhood nor substantially di p p p y values; not im ede the normal and orderly development of surrounding properties; be designed P so as to minimize traffic congestion on the public streets; and conform with the applicable i wh' h it is located: The existin s chool has been at this lo cation for regulations of the distnct n ic g over 50 years. The modifications proposed and the parking lot screening appear to be t morals appropriate. The proposal will not be detrimental to or endanger the public health, safe y, or comfort. We do not believe that the amendment will be in'urious to other ro ert in the J R P Y immediate vicinity nor will it diminish or impair property values within the neighborhood. Furthermore, we believe that adequate measures have been taken to provide appropriate screenin of the newl ro osed arkin facilit consistent with Section 35-711 of the zonin g g YP P P g Y 10-30-08 Page 2 ordinances. Also, the parking lot and screening will conform with the applicable regulations of the district in which it is located. As mentioned, a public hearing has been scheduled and notices of the Planning Cornmission's consideration have been sent to surrounding property owners. RECONIlVIENDATI��T _�R__._ Approval of this Special Use Permit Amendment is recommended subject to at least the following conditions or considerations: l. The Special Use Permit Amendment acknowledges appropriate parking lot screening consistent with Section 35-? 11 of the city's zoning ordinance. 2. Grading, drainage, curbing and parking lot plans are subject to review and approval by the City Engineer prior to issuance of pernuts for the project. 3. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 4. All work performed and materials used for construction of parking lot, sidewalk and curb and gutter improvements, shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 5. The Special Use Permit Amendment is subject to all applicable codes, ordinances and regulations. Any violation thereof could be grounds for revocation. 6. Lighting on the property shall be consistent with Section 35-712 of the City Ordinances with respect to light intensity and avoidance of light glare. i 10-30-08 Page 3 gI i.j a��, uA' *e i a�`e.a� �e I o>,t' 2 e�:,�„ o�n z ce�. c c Wn�o.��� p Ery�q�p ue ry �is ,��3e r ���e�^ *,mrc. s; g On St �Y Brick�Blqs<haol me�". nnec" 5 w 6 9. .e Ste and i r�y 190.0, ��ne�" .wo N io.o F A n �ao s. u i v 976.590. n e.p u 10.9 a 4 w g;''`n 6 ,�0 9 ��1 o e G� A �auio LOTI 5 -rp p no v a 3�3,998. S�� 958'S5 �.�9 Ac 6 i t g Y L �g 7 4, a.a e s o A�., t. s.�..,o�� r t �-1 �t 6B 0, O ��y `j 1 y 1 u �k n n ..a• �w ,�u+ J w 8 ..,,m a wo s�a �o JR. 6 M �inNa S' v C9^ v �n, r 'a y -.rv 163`�+' �e.r9 ��o.. a 7 "k I w: u.. �'e ,I 10 I W i :�a a c<` ;i..'�� „k'-:, '`c�/6 Of j y lSl} u �.,a�a y r `k� R .v w�� o� f /Oth Ave J o ��'wz' e N. 9� eii�a°8ut a�n eoe. s a a y ub,z 226.83m, sa�• >s a z��oer s��en �6.8�, SB'36'W w 1 N� c'4 ^s''° 3 '�am p 1 v ��ooms P e "vl�oae or a�ookiy� ce�:e� uio or. Ry� Center B�t�nino� aK^°.�o 1 L ab�5..( o t G o�y5 t� 2 2 i p ..a �w::�� -o��`'-_ ,�,.�.o m ���"'sa':�m� y Willow Lone ohotomelrc leyout OSC47 Sccle: 1"=1G'-0" ATS&R Architecis ':0/C3/08 M. Klemz MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 30, 2008 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:10 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Michael Parks and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioners Stan Leino, Rachel Lund and Della Young were absent and excused. APPROVAL OF MINUTES JULY 31, 2008 There was a motion by Corr�missioner Rc��he, seconded by Commissioner Kuykendall, to approve the minutes of the July 31, 2008 meeting as submitted. The motion passed unanimously. CHAIR' S EXPLANATION Chair Rahn explained the Planning Commissi,on's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2008-008 OSSEO INDEPENDENT SCHOOL DISTRICT NO. 279 Chair Rahn introduced Application No. 2008-008, a request for Special Use Permit Amendment for parking lot screening. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 10-30-08 for Application No. 2008-008, attached.) Mr. Warren explained that the Osseo Independent School District No. 279 is seeking a Special Use Permit Amendment for parking lot screening to convert a bituminous area primarily used for outdoor basketball to a parking facility at the Willow Lane Elementary School site, 7020 Perry Avenue North. He noted that the Willow Lane Elementary School has not been used as a traditional elementary school for a number of years. Early Childhood Education and other types of school programs have been operated by the school district in this facility over the years. The school district and city operate under an agr-eement whereby school facilities and Willow Lane Park are shared. Land was swapped between the school district and the city when the Adult Basic Education Facility at 7051 i Brooklyn Boulevard was developed a few years ago. Page 1 10-30-08 u uestions re ardin clarification on what was The Commissioners asked Mr. Warren vano s q g g being reviewed by the Planning Commission under Application No. 2008-008. Mr. Warren explained that parking lot screening approval is what is before the Planning Commission far review and possible recommendation to the City Council. This process involves review of the parking lot screening proposed under the Special Use Permit Amendment, however, other aspec�s �f the plan ar� areas th� Commission may �omment on as well. PUBLIC HEARING APPLICATION NO. 2008-008 There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to open the public hearing on Application No. 2008-008, at 7:36 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. The applicant Mr. Dale Carlstrom, representing Osseo Independent School District No. 279, introduced himself to the Commission. Commissioner Roche asked what the need is for this parking lot on the school district site. Mr. Carlstrom explained that the use of Willow Lane School has changed over the years and is primarily early childhood and enrollment building. He also pointed out that they h�.ve_ relocated some of the programs located within the Adult Basic Education building. Some people use both buildings and are dropping off children at one building and crossing through the parking lot to the other building. He added the change in the parking lot is related to security reasons and to keep pedestrians safe when crossing from one building to another. He explained that the School District felt this was a good opportunity to make security improvements to the site by adding additional lighting to the parking lots since they have had some vandalism on the site. Chair Rahn noted that some of the parking lot improvements had already been started and asked the applicant why work had been started without a permit. Mr. Carlstrom explained that since this was a smaller project, the architect was not as involved as with larger projects and the role of city approvals and permit applications was with the school district and he admits they made a mistake in not getting the permits. Commissioner Parks made recommendations to the applicant regarding possible alterations and changes to the site regarding drainage, curbing and landscaping. He also stated that he feels that adding the berm is a good idea to provide screening from the residential area across the street. Terry McDevitt, 7007 Perry Avenue North, stated that she feels the location of the new proposed driveway at the school is directly across the street from her driveway and she feels that will be a problem. She also stated that the existing parking lot for the Adult Basic Education building on Brooklyn Boulevard is not used to its full extent and questions why this parking lot is being added. She also feels that the school district should have contacted the neighbors with their proposaL Page 2 10-30-08 Marie Egnell, 7013 Perry Avenue North, stated that she lives across from where the proposed berm will be and her concern is with the location of the proposed driveway at the school. She says there is little street parking used by the school and the proposed location of the parking lot is unsafe since it is at the edge of the playground. She also feels that the school district should have contacted the neighbors in the area with their plan. Joann �ierman, 7001 Perr_y. A,uen�._North, feelsthis proposal is �nw�rra�ated _with tl�e, amount of parking space available at the north end of the property. She also stated that she thinks the work was started early on purpose. Commissioner Roche addressed the applicant and stated that he is disappointed that this work was started without a permit. He stated that he feels there are some potential safety issues with the layout on the site. He asked the applicant why the adults are separated from the early childhood center and is the parking lot open to the public? Mr. Carlstrom stated that the parking lot is open to the public and also explained the different programs offered at the two buildings. He added that they have a huge responsibility of knowing who is coming in to the buildings and providing safety and security. He added that by laying it out in the manner prop�osed, they believe safety issues can be met. Mr. Warren explained that the current layout of parking on the Adult Basic Education site was designed based on the square footage of that building. He added that there is a second portion of the building that is yet to be constructed and will be occupied by CEAP. The city wanted to make sure that the two parking lots for the Willow Lane School and the Adult Education facility were separated to avoid unwanted traffic through the residential neighborhood. He also stated that the city encourages on-site parking rather than on street parking. Mr. Warren also explained that the city prefers to have driveways lined up across from each other and 28 additional parking spaces isn't really going to have a significant affect on traffic in the area. Commissioner Kuykendall stated that she has a concern with the amount of traffic using this additional driveway but doesn't see a better location for the driveway on the site. Commissioner Kuykendall asked Mr. Warren for further clarification on specifically what the Planning Commission is approving. Mr. Warren stated that the Planning Commission is approving the screening proposed on the plan and allowed under the Special Use Standards, not the addition of the parking lot. He pointed out that without the addition of parking on site, there would be on street parking by people using the Willow Lane School facilities. Ms. Egnell stated again that she feels it is not a good thing to add a parking lot on the south end of the property. She also stated that the original parking lot for the Willow Lane School was expanded about five years ago. Ms. Egnell feels that the district has done poor planning. Mr. Carlstrom explained that CEAP was not going to utilize the third floor of the Adult Education Building but were still planning to complete their portion of the building. He added that the decision was made to move the enrollment center to the building on Brooklyn Page 3 10-30-08 Boulevard, out of the Willow Lane School, to allow better access to those that rely on public transportation. This created the need to move each of the services provided to different floors and has allowed the school district to use the buildings to the best of their abilities. Mr. Carlstrom further explained that they have taken some of the Adult Education related to the Early Childhood program and put it into the Willow Lane School. Stevi Biedi�.ger. Circle, Brookl� �ar.k,_��ked t�.applicant how the s�,ho�,l district monitors who uses the parking lot and do they charge for parking? Mr. Carlstrom stated that anyone can use the parking lot and they do not charge to park. Commissioner Kuykendall discussed if moving the adult education programs to the Willow Lane School violates the special use permit standards. Mr. Warren responded that it is possible that the special use pernut standards would need to be reviewed to determine if they are being met with this aspect of the use of the facility. Commissioner Kuykendall asked staff to review the special use pernut standards related to the changes proposed in the two school district buildings. Ms. McDevitt stated that the special use standards state that a proposed use should not reduce property values and she feels that the glare from cars across the stre�t will reduce her pr�perty_ value. Mr. Warren explained a case from many years ago where a study was done on the diminishing of property values based on a proposed group home use in a residential area. The study concluded that that did not lower the property values. He doubted the traffic would rise to the Ievel of directly causing the devaluing of property values. He also stated that the current economy situation would have a more negative effect on property values than the proposed use by the school district. Chair Pro Tem Roche asked the applicant when they propose to start construction. Mr. Carlstrom stated that would depend on the weather. Andrew Andruski, 440 Carkoski Commons, Mankato, asked if it is possible to reroute the entrance to the parking lot to the south closer to 70`�' Avenue to create better flow on the site and to showcase some of the park features since the parking lot is also used for the park. There was further discussion by the Commission and the applicant regarding possible relocation of the driveway and the addition of a fence around the play area located next to the new parking lot. It was the general consensus of the Planning Commission to table the application so that plans can be amended and resubmitted to the Planning Commission. No other persons from the public appeared before the Commission during the public hearing on Application No. 2008-008. Page 4 10-30-08 CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Roche, to close the ublic hearin ori A lication No. 2008-008 at 9:01 .m. The motion assed unanimousl p Y P g PP P I The Chair called for further discussion or questions from the Commissioners. There was none and the matter will be reviewed further at a subsequent meeting. DISCUSSION ITEMS AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGRDING THE SALE OF MOTOR VEHICLES Mr. Warren explained an ordinance amendment being considered by the City Council regarding the sale of motor vehicles. Mr. Warren pointed out that the city attorney had noted that the provision that required a structure for a motor vehicle dealer be equal to twice the value of the land was not a defensible position and it was suggested that that provision be deleted from the ordinance and replaced with a minimum land area and a maximum building size. Mr. Warren stated that the City Council is considering an amendment to Chapter 23 (Licensmg) as well as Chapter 35 (Zoning). Traditionally the Planning Commission reviews and comments on zoning ordinance amendments. There was discussion by the Planning Commission and they stated no objections to the proposed ordinance amendment. PLANNING COMMISSION TERM EXPIRATIONS Mr. Warren stated that the following Commission members term's expire on December 31, 2008: Chair Sean Rahn, Commissioners Kuykendall, Leino and Young. It is recommended that I they notify Mr. Warren of their intent to continue to serve on the Planning Commission for another two ears. Chair Rahn and Commissioner Ku kendall ex ressed their interest in Y Y P continuing to serve on the Planning Commission. Commissioner Parks stated that he would like to bring in an expert on Engineering and conservation to address the Planning Commission at a future meeting. OTHER BUSINESS Commissioner Kuykendall asked for clarification on what is expected with attendance as a Commissioner on the Planning Commission. Mr. Warren explained that two unexcused absences could warrant removal from the Commission. Commissioner Kuykendall stated that she feels that there are several members who seem to have excessive absence and do not attend nt and it would be a ro riate for th e meetin Mr. Warren stated that attendance is im orta gs P PP P Chair to comment and advise the Mayor regarding a Commission member who is not attending meetings. There was no other business. Page 5 10-30-08 ADJOURNMENT There was a motion by Commissioner Kuykendall, seconded by Commissioner Roche, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:27 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 6 10-30-08 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION NOVEMBER 20, 2008 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:02 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Stan Leino, Michael Parks, Tim Roche. and Della Young were present. Also present were Secretary to the Planning CommissionlPlanning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Rachel Lund was absent and excused. APPROVAL OF MINUTES —NOVEMBER 13, 2008 There was a motion by Commissioner Roche, seconded by Commissioner Parks, to approve the minutes of the November 13, 2008 meeting as submitted. The motion passed. Comr�assioner Leino abstained as he was not present at the meeting. CFiAIlt' S EXPLANATION Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2008-008 OSSEO INDEPENDENT SCHOOL DISTRICT NO. 279 Chair Rahn introduced Application No. 2008-008, a request for Special Use Permit Amendment for parking lot screening. Mr. Warren presented the staff report describing the location of the property and the proposal. This application was reviewed by the Planning Commission and a public hearing conducted on October 30, 20Q8 at which time the matter was laid over to give the School District time to consider a modified plan that would shift the entrance to the parking lot to the south as was suggested during the meeting. (See Planning Commission Information Sheets dated 10-30-08 and 11-20-08 for Application No. 2008-008, attached.) It was suggested during the public hearing portion of the October 30, 2008 meeting that the School District consider shifting the entrance to the 70` intersection area. The public hearing was closed at that meeting and the school district was requested to review such a possible relocation. Mr. Warren explained that informational notices have been sent to those receiving notice of the Planning Commission's October 30, 2008 public hearing. He added that the Planning Commission may choose to reopen the public hearing on this matter. Page 1 11-20-08 PUBLIC HEARING APPLICATION NO. 2008-008 There was a motion by Commissioner Kuykendall, seconded by Commissioner Leino, to open the public hearing on Application No. 2008-008, at 7:21p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mr. Carlstrc�m c�me before the Commission for questions._ Commissioner Roche asked,what� kind of irrigation system would be installed around the new parking lot area. Mr. Carlstrom responded that an irrigation system would be installed around the berm and around the perimeter of the building to maintain landscaping on the site. Commissioner Parks asked Mr. Carlstrom how the informational meeting went with the neighbors. Mr. Carlstrom responded that the neighbors wou�d rather not see the parking lot but felt that the meeting had been favorable and the neighbors were willing to accept the revisions to the layout. Commissioner Leino asked what the district's plan is for maintaining the property. Mr. Carlstrom explained that the school district has a five year repaving plan for its buildings and this building was scheduled for repaving which is what precipitated this plan to better utilize the site. Chair Rahn stated to the applicant that he appreciates the effort the school district made in meeting with the neighbors regarding changes to the proposed plan. Mr. Ken Herman, 7001 Perry Avenue North, stated that the way the plan is set up, there will be lights going into his two bedrooms. He added that he cannot figure out why this is being proposed for a parking lot since most of the parking lot at the school is often empty. Mr. Herman stated again that he does not see why the parking lot has to be there. Commissioner Roche further asked how many adults would be using the facilities. Ms. Julie Pierce, representing the Osseo School District, responded that there are about 40 adults using the facility and many of them drive together, walk or use the bus while utilizing programs during the daytime. She added that o�e of the major reasons for relocati�g this parking lot has to do with safety and security of the students and noted that the program would be conducted between the hours of 9:00 a.m. and 12:30 p.m. Commissioner Roche stated that if the north parking lot was used, then there would be no issue with car lights in the parking lot. She stated there are no plans to operate the program in the evening. Commissioner Young asked why the basketball court had been removed. Mr. Carlstrom stated it was related to lack of use and maintenance issues. Terry McDevitt, 7007 Perry Avenue North, asked about the existing parking lot for the adult education programs and stated that she feels that there is no reason that people cannot park in the existing lot and walk around the building to the other entrance since the parking lot is never full. Page 2 11-20-08 Ms. Julie Pierce stated again that the school district is concerned with safety and liability of the students and wants to assure separation between the Adult programs and Early Childhood program and that is the reason for the proposed parking lot. Commissioner Roche stated that he feels the school district is asphalt happy with the Willow Lane site and feels there is no need to add additional parking to the site. He added, however, that _�j�st because the Planning_Commissic��migh�not agr�e_with_the proposal, d(��s not by_itself constitute a reason to recommend denial of the request. No other persons from the public appeared before the Commission during the public hearing on Application No. 2008-008. CommissiQner Roche asked if a condition of approval could be added requiring irrigation on the site to maintain the landscaping on the site. Mr. Warren explained that underground inrigation is not an ordinance requirement in residential zoning districts as it is in Commercial and Industrial Districts. For this reason he would not recommend such a condition. He noted that the School District representative indicated that they would provide this and that it will be part of the record. There is no reason to believe that they will not provide irrigation. Chair Rahn stated that he feels that the Planning Commission should not impose a condition of approval that cannot be enforced �nd should not do so in this case� Mr. Herman asked if the entrance to the parking lot could be brought down to 70` Avenue North. Mr. Warren explained that the staff report indicated that doing so would require relocating a trail and crosswalks, possibly shifting of the ball fields and other significant changes on the site. Such changes would probably lead to additional parking spaces being added and the site would have additional hard surface area and would have to be reviewed by the Shingle Creek Watershed Management Commission. Also, separate Park and Recreation Commission and City Council review and approval of the changes and a cross access agreement would be necessary adding additional review time to the project. Mr. Herman stated that he doesn't feel that this parking lot should go in at all. Mr. Warren pointed out that if the parking lot is not added to the south, people utilizing the south end of the building will probably park on the street instead for convenience. CLOSE PUBLIC HEARING Following further discussion, there was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to close the public hearing on Application No. 2008-008, at 7:41p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECONIMEND APPROVAL OF APPLICATION NO. There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to recommend to the City Council that it approve Application No. 2008-008, submitted by Osseo Independent School District No. 279 subject to the following conditions: Page 3 11-20-08 l. The Special Use Permit Amendment acknowledges appropriate parking lot screening consistent with Section 35-711 of the city's zoning ordinance. 2. The Special Use Permit Amendment acknowledges adult education uses as appropriate uses within the zoning classification of the city's zoning ordinance. 3. Grading, drainage, curbing and parking lot plans are subject to review and approval by the City Engineer prior to issuance of permits for the project. 4. Building permits for the proposed parking lot improvements are subject to the approval of the Building Official prior to the issuance of building permits. 5, The applicant shall provide appropriate erosion and sediment control devices on the ite du a r ved b the Cit En ineerin De artment. s nng construction as pp o y y g g p 6. All work performed and materials used for construction of parking lot, sidewalk and curb and gutter improvements, shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 7. The Special Use Pernut Amendment is subject to all applicable codes, ordinances and regulations. Any violation thereof could be grounds for revocation. 8. Li htin on the ro ert shall be consistent with Section 35-712 of the City g g P P Y Ordinances with respect to light intensity and avoidance of light glare. Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Parks. The motion passed. Commissioner Roche voted against. Commissioner Young abstained. The Council will consider the application at its December 8, 2008 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSIlVESS Mr. Warren announced that Commissioner I,eino stated that he desires to be reappointed to the Planning Commission. Commissioner Roche stated that he would like to have the City Council address attendance at Commission meetings and added he feels that the continued absence of a Commission Member should be followed up on. Mr. Warren stated that the standards for all advisor commissions is three absences from Y meetings and a member can be removed. Attendance information is provided annually to the Ma or for his review. Y Page 4 11-20-08 Chair Rahn stated that he would like the issue addressed so that if a Commissioner is continuall Y absence, it is important to have the persori replaced so there can be full attendance at meetings. Commissioner Leino stated that he agrees that this information should be reviewed by the Mayor so that private contact can be made with the Commission Member to deterrr�ne their intent. Chair Rahn stated his interest in having a joint meeting with City Council as done in the past. There was a discussion by the Commission Members regarding the process of filling vacant positions on the Planning Commission. There was no other business. ADJOURNMENT There was a motion by Commissioner Kuykendall, seconded by CommissionerYoung, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:26 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 5 11-20-08 Ci ��un�i.i Agen+�� ����mf 1'��.1.�� City of Brooklyn Center A Millennium Community To: Mayor Willson and Council members, Lasman, O' Connor, Ryan and Yelich From: Cornelius L. Boganey, City Mana���� Date: December 5, 2008 RE: 2009 Budget Adoption All Funds Tax Capacity General and Debt Service Fund Levies HRA Market Value Levy for property taxes payable in 2009 On September 8 2009 the City Council adopted the 2009 preliminary budget and maximum tax levies. The proposed levy is at the same level adopted at the September 10�' 2009 meeting and developed in joint work sessions with the City Council and Financial Commission. There are three funds that require a tax levy; the General Fund, the Debt Service Fund and the Housing and Redevelopment Authority Fund. The proposed final levy is as follows: Tax Levy: General Fund Operations 6,593,550 Police Fire Special 5,085,466 Foreclosures Special Levy 125,000 Housing and Redevelopment Authority 385,289 Police and Fire Bonds 703,903 Total Levy 12,893,208 The proposed budgets reflect the revenues and expenditures developed in joint work sessions with the Financial Commission during the months of June, July, August, October and November. The expenditure levels are focused on maintaining services and on the achievement of the seventeen strategic goals adopted by the City Council on April 28 2009, with particular focus on achieving the highest priority goals. LEVY CHANGES The proposed total levy is $12,893,208 and if approved will represent a 3.6?% increase. The General Fund levy, composed of a general operating levy, Police and Fire special levy and Foreclosure special levy is proposed to increase 5.08% while the Debt Service levy will decrease 3.06%. The HR.A levy is set at the new statutory limit of .0185 °ro of the estimated taxable market 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org value and if estimates hold true may increase 27.50% over the 20091evy. The actual HRA levy amount will be determined by final valuations set by Hennepin County. GENERAL FUND REVENUES: Total estimated revenue for 2009 is $16,613,686 compared to 2008 budgeted revenue of $15,518,836. With the proposed levy increase and lodgin� tax collections of $720,000 total t� collections in the general fund are expected to increase from $11,898,679 to 12,524,016. Licenses and Permits are estimated at $731,295 compared to $723,845 in 2008. The license revenue decline is principally due to the fact that revenues in this area were over estimated for the 2008 budget. The increase in permit fees are based on the recently adopted fee rate increases and a conservative forecast of new fees anticipated from the recently adopted vacant property ordnance. While change in rental license fees is expected in 2009 it is difficult to forecast a revenue increase prior to adoption of the final fee schedule. Intergovernmental Revenue increases to $2,022,332 compared to $1,652,008 in 2008. Most of this increase, $370,249 occurs in the use of Local Government Aid. While this increase in support from the State is helpful and has reduced the pressure on increasing property taxes, it is potentially problematic. The expected State budget deficit of up to $6 billion dollaxs during the next two year budget cycle could result in LGA reductions in 2010 or sooner. This is an issue that we must monitor very closely and make the budget adjustments as required. Charges for Services remain relatively flat in this preliminary budget. They axe estimated to increase slightly from $670,791 to $694,104. This increase is based on a small increase in demand for some recreational programs and inflationary fee adjustments. As policy requires, revenues are budgeted using conservative assumptions so we have not include any revenue increases that might be expected from the implementation of a planned administrative fines program which should be implemented in 2009 following recent voter approval of the City Charter amendment allowing this program. GENERAL FUND EXPENDITURES The 2008 budget was intended to begin addressing some of the growing needs discussed in previous years and as articulated by the City Council in its Annual Goals for the City. To achieve two of the critical Council strategic goals of a assuring and safe and secure community and improved code enforcement, we added, one patrol officer in the patrol division of the General Fund, one additional code enforcement officer in the Community Development Department, two patrol officers in the COPS Grant Special Revenue Fund, one additional patrol officer in the Auto Theft Grant Fund. When we made the decision to fund some of these positions using temporary grant funds we acknowledged the fact that to continue our efforts 2 these positions would have to be absorbed into the general fund in future years. In 2009 we will begin by absorbing 1.5 of the three grant funded police positions into the general fund. If 2008 was the year to begin addressing several of the high priority strategic goals of the City Council, 2009 is the year where we plan to build on the momentum of these early efforts; for this reason, I view the 2009 budget goal as maintaining the momentum and moving initiatives to the next level. We hope to accomplish this task by directing resources toward the a�hievement of the High Priority Goals of the City Council. The proposed General Expenditures for 2009 is $16,613,686. Continuing the Momentum in 2009 Even though the City budget is constrained by levy limits, a declining tax base and poor economy, the principal goal of the proposed budget is to continue the momentum and improve on the efforts commenced in 2008. As difficult as it has been to stay on this course, I believe that we have been successful in our effort to continue forward toward the achievement of the Councils high priority goals. While most of the strategic efforts are identifiable with General Fund activities the HRA/EDA and even the CDBG Fund are critical to moving the Council agenda forward in 2009. Below, I have described how the vaxious City Funds and resources will be allocated to achieve the highest goals of the City CounciL 1. Ensure a safe and secure community a. The proposed budget continues funding for the Community Services Unit that includes Community Response Officers, crime analysis, crime prevention and youth intervention. This is a unit consisting of both sworn and unsworn personnel carrying out proactive problem solving initiatives. The unit consists of one Lieutenant who manages the five sworn Community Response �fficers, an Analyst, and a Crime Prevention Specialist. The 2009 budget includes funding to work collaboratively with a non-profit agency to assist with youth intervention specialist duties. We believe this proactive, fact based, focused and coordinated efforts of a unit that is not spending nearly all of its time responding to calls for service has produced and will continue to produce results that will lead to crime reduction. Year to date in 2008 we have substantially improved our incidents cleared by arrest and violent crimes have declined. b. This budget will continue implementation of the recommendations from this PERF violent crimes study completed in 2007. Many of the recommendations have been incorporated in the City Department work plans as a way to further affect a reduction in violent crimes especially those committed by young adults and adolescents. 3 c. Of course it is equally important that the City continue to provide funding that will provide patrol, emergency response, investigation and administration, while the new unit focuses on problem areas and prevention activities. The 2009 budget meets this objective as we1L 2. Aggressive implementation of redevelopment plans a. The 2009 budget includes one very significant modification. The Community Development Department will be realigned. The EDA/HRA staff and the assessing division will become a separate department, the Department of Business and Development focused on business attraction, business retention, community marketing and redevelopment assistance programs. It is expected that this narrowing of scope and added focus will improve our ability to achieve the redevelopment mission in a very difficult economic environment. b. Funding for redevelopment is generally funded in the EDA and Tax Increment Funds. I believe it is fair to say that 2009 is expected to be a challenging yet significant period for redevelopment. The Embassy Suites will be complete. The GSA FBI field office headc��arters will be under construction The marketing of the 57�" and Logan project is likely to proceed. The marketing of the I-694/Hwy 100 property should be underway. We anticipate developing plans for the redevelopment of the Brookdale Ford Site and we expect that the Brookdale Mall will be marketed to a new owner that will hopeful come forth with improvement plans for this important commercial property. c. We anticipate continuing the Bass Lake Road Streetscape /Trail Enhancement project in 2009 to significantly improve the Bass Lake Corridor making it an attractive, pedestrian friendly environment supportive of commercial redevelopment. Hopefully, progress can be made toward planning for implementation of elements of the Shingle Creek day lighting project in 2009 as welL 3. Positively address changing demographics and increasing cultural diversity a. The Recreation Department has received grant funding that in part will be used to complete a community survey in 2009 that will help identify the recreational needs of our diverse communities. This information will be used to tailor some of our resources toward addressing those needs. b. The Police Department will continue to participate in the Joint Community/Policing Program with Hennepin County and Brooklyn Paxk with the goal of building bridges across cultural boundaries. In 2008 the staff will be implementing activities to use 4 the resources and lessons of this effort to expand the program beyond Police De artment activities. P c. The Human Resources Department and Staff will continue to review our recruitment, selection and employee development programs to assure that we are providing optimal opportunities for employment with the City by all segments of the community. 4. Maintain and upgrade the City Infrastructure a. The City will continue the previously established street reconstruction program in 200 The rin 1 i f o ram is the franchise fee. The Ci has 9 p cipa C ty fundmg or this pr g ty prioritized and scheduled this program using a condition based formula in order to use the limited resources available in the most cost effective manner. In addition the City has a capital replacement plan for storm water, sanitary sewer and water system improvements. In addition the City has a park improvement plan and an improvement funding program for the Earle Brown Heritage Center. Each of these programs is detailed in the Capital Improvement Program which has been reviewed during the budget development process and will be presented for Council approvaL b. In 2007 the City completed a comprehensive study of the structural components of General Buildings i.e. City Hall, Community Activities Center, Fire Stations and Police Buildings. With information collected from this report, the staff developed an infrastructure improvement plan for these critical facilities. The recommendations from this study have been incorporated into the proposed capital projects budget. The identified funding source for these improvements in 2009 is an equity transfer and an increase in the liquor fund contribution from $125,000 to 135,000 to fund the first two years of the program. This work will commence in 2009. It is assumed that this program can be funded in this manner for the first three years. After this period other sources of funding will be necessary. 5. Improve Enforcement of City Codes a. As stated above the 2009 budget anticipat�s a change in the structure of the Community Development Department. The CD Department will be eliminated and replaced with two new Departments, the Department of Business and Development and the Department Buildings and Standards. Department of Buildings and Standards will be headed by the upgraded position of Assistant City Manager. The Department will include the Buildings Inspections Division and the Neighborhood Standards Division. It will be headed by a new supervisor, and include one additional Code Enforcement/Housing Specialist position one additional support staff and two interns. This new division will provide for expanded public education, the effective 5 monitoring of vacantlforeclosed properties, management of the administrative fines process, expanded code enforcement, abatement activities and enhanced rental property enforcement. The budget increase in cost of approximately 260,000 will be funded by the Foreclosure Special Levy, The use of Community Development Block Grant Funds and some increase in fee revenue. 6. Antrcipate and respond to foreclosure issues a. In addition to the improvement in the way foreclosed and vacant properties are monitored and managed by the new Department of Buildings and Standaxds, the Business and Development Department will be developing and implementing a variety of incentive programs to attract new property owners to acquire and rehabilitate vacant foreclosed properties in 2009. We will also continue to provide public education to citizens about ways to prevent foreclosure. 7. Increase communications and collaborations with citizens and other government agencies and churches a. In 2008 we initiated neighborhood meetings around the City hosted by the Police Department, we expect to continue these meetings in 2009. In 2009 we will embark on a new collaboration with the school districts, County, Community Colleges and the City of Brooklyn Park. The new collaboration will be focused on improving apportunities for youth development in a cost effective synergistic manner. In 2009 we expect to enter into collaborative arrangement with the Three Rivers Park System to expand our trail improvement efforts. We anticipate that we will continue to collaborate with Hennepin County on the Shingle Creek day lighting project. We anticipate continuation of the several ongoing joint efforts such as Northwest Hennepin Human Services, Five Cities Transportation, Project Peace and others. 8. Improve the quality and diversity of the �ity Housing Stock a. Staff has completed review of our rental housing program. With the creation of the new Building and Neighborhood Standards Division, we anticipate implementing changes that will improve maintenance of the rental housing stock. In addition, the new vacant housing ordinance requires an inspection and improvements before re- occupancy. As stated earlier staff will be implementing housing 'improvement programs using TIF and other funding sources as a way of promoting housing improvements in 2009. One of the focus areas for the new Business and Development Department includes finding ways of diversifying the housing stock. 9. Respond to increasing single family rental properties by promoting more home ownership 6 i a. This goal has been previously addressed in the discussion on goal number six. THE HOUSING AND REDEVLOPMENT AUTHORITY LEVY State law establishing a Housing Redevelopment Authorities provides for an operating levy of up to .0185 of the taxable market value within the jurisdiction to carry out the purposes of the authority�_In Brooklyn Center after forming an HRA the City established an EDA which assumed and expanded the HRA responsibilities into the areas of economic development. To fund the activities of the EDA, the HRA levy is required. The HRA levy is expected to generate 385,289 in 2009 revenue. The EDA fund provides for the operating budget for the EDA and the costs are expected to be $347,915. This budget includes funding full time positions of the Business and Development Director the Community Development Specialists position, Planner and Staff Support positions in this newly created Department. The estimated revenue from this proposed levy is $385,289 THE DEBT SERVICE FUND LEVY The only current outstanding General Obligation bond debt that requires a property tax levy is the 2004A Police and Fire Bonds. The outstanding principal balance due on these 10 year bonds as of December 31, 2008 will be $3,275,000. The debt service due in 2009 will be $705,403. The' proposed levy should generate $703,903 to pay principal, interest, fees and required excess coverage for these referendum approved bonds. All other debt issues are paid from assessment proceeds or tax increment revenue transfers. SPECIAL REVENUE FUNDS Economic Development Authority Fund This fund provides for the management and administration of City Development efforts. The purpose of this fund is to preserve and improve City neighborhoods by fostering housing stock preservation, commercial and industrial development and redevelopment creating job opportunities, tax base stability and growth. The activities of this fund directly support City Goals 2, 6, 8 and 9. Projects included in the 2009 work plan are the 57 and Logan redevelopment project, GSA-FBI field office development, Bass Lake Road Streetscape project, Shingle Creek Daylighting Plan, The Brookdale Ford Redevelopment and the Opportunity Site Redevelopment Project and others. 2009 programmed expenditures; 347,915. Housing and Redevelopment Authority This fund levies and collects the HRA levy of 0.018% of taxable market value. All of the levy collected is transferred to the Economic Development Authority which carries out the programs of the HRA. No operational expenditures are made from this fund. 2009 programmed transfer to the EDA; $385,289 7 Community Development Block Grant The Community Development Block Grant is a federally funded program administered by Hennepin County. It provides annual funding for programs benefitting low and moderate income residents. Assistance is provided for housing rehabilitation and assistance to senior citizens. For 2009, a portion of the funding will be used to support the ongoing effort to preserve property values through monitoring of foreclosed and vacant properties. 2009 programined expenditures; 193,749 TIF District #2 In support of goal #2 aggressive redevelopment, this Fund accounts for all TIF revenue and expenditures from this Downtown Redevelopment District. This financing tool was primarily responsible for redevelopment of the Earle Brown Terrace and Earle Brown Commons Senior residential projects. The District must be decertified in the year 2010. The City Council may wish to consider a plan amendment in 2009, so that funds available in the district may be used for other high priority redevelopment projects. 2009 programmed expenditures; $16,000. TIF Dista-ict #3 In support of goal #2, this fund accounts for all revenues and expenditures for District 3. Major redevelopment projects within this district include 69`�` and Brooklyn Boulevard, 66 and 252 Highway including the theater and townhomes as well as the area in and around Brookdale MaL The district also includes portions of the Opportunity Site, and the parcels along hwy 694/hwy 100 and James Circle. After May 18�' 2009, expenditures from this fund may only be used for debt service payments and limited expenditures up to 25% of the increment collected. Included in this 25% cap is a requirement that 15% of all increments collected during the life the district must be used in support of moderate and low income housing projects. 2009 programined expenditures; $3,827,894. TIF District #4 In support of goal #2 this fund accounts for all revenues and expenditures from District 4. Funds from this district were used to clean up a contaminated site for redevelopment. The resulting redevelopment includes, Wickes Warehouse, Toro Distributing, Caribou Coffee corporate headquarters and other projects with an estimated market value of $20,000,000 with more than 400 jobs. Prior to redevelopment the property had a$2,000,000 assessed market value. The expected decertification date for this pay-as-you go district is 2020. 2009 programmed expenditures; $286,484. 8 City Initiatives Grants Fund This fund accounts for a vaxiety of special purpose grants. The grants include, Miscellaneous Police Grants, Auto Theft Grants, COPS Grants and Recreation Grants. 2009 programmed expenditure from the fund, Grants from this fund will be used to support the community services unit, created in 2008, within the police department. The Recreation grants include a first time capacity building grant directed at meeting the recreational needs of underserved populattons: Programmed 2009 expenditures is $498,584. DEBT SERVICE FUNDS The debt service fund tracks revenues collected from assessments, tax levies and fund transfers used for the payment of bonds issued by the City for various purposes. The outstanding bonds include Street Improvement Bonds, Police and Fire Building Refunding Bonds, and Tax Increment Bonds. The 1997 Street Improvement Bonds will be fully paid on February 1, 2009. 2009 programmed expenditures for a11 debt service is $5,382,968. CAPITAL PROJECT FUNDS Capital Improvements Fund In support of City Goal #4 Infrastructure maintenance and improvement, the Capital Improvements Fund accounts for the monies available from many sources i.e. general fund, enterprise funds and utility funds to pay for government buildings, park improvements and to purchase land for public use such as parks and public facilities. The CIP includes a five year forecast of capital needs in the park system. The 2009 program includes Arboretum South Parking lot improvements, West Central Park Trail Rehabilitation, resurfacing of tennis courts at West Palmer Lake Park and Northport Park, and a picnic shelter replacement in Riverdale Park.. 2009 Programined expenditures; $390,000. Infrastructure Construction Fund Also in support of goal #4, the Infrastructure Construction Fund, formerly the Special Assessment Construction Fund accounts for the financing of improvements funded all in part by special assessments and transfers from public utility funds. The 2009 program includes the Aldrich Neighborhood Improvements, Shingle Creek Parkway and 69 Avenue Street Improvements, 2009 planned expenditures; 7,892,695. MSA Fund Also in support of goal #4 the MSA fund accounts for the use of State share gasoline t� revenue used for maintenance and reconstruction MSA designated thoroughfaxes. The Shingle Creek 9 Parkway/9' Avenue improvement will be funded from this source. 2009 programmed expenditures; $775,400. Street Reconstruction Fund In support of goal #4, the Street Reconstruction Fund accounts for revenue used for reconstruction_of streets. A majority_of these funds are derived from Franchise Fees. The estimated franchise fee revenue in 2009 is $660,000. 2009 programmed expenditure; $850,000. Earle Brown Heritage Center Capital Fund In support of goal #4, the EBHC capital fund provides for the, repair and replacement of depreciated and or obsolete capital items. As part of a thirty year plan, 2009 programmed expenditures include South carriage Hall door/window replacement, Carriage Hall Wall Panel arn Roof Re lacement Facilit Securit S stem Carria e Hall Electronic re lacement D B y y g P P Y Reader Board, Telephone ReplacementJUpgrade and Server Replacement. 2009 planned expenditures; $287,300 Technology Fund In support of goal #4, the Technology Fund serves as a mechanism for planning and funding of capital projects related to communication and electronic technology acquisition and replacement. Revenue to this fund in 2009 is a$70,000 general fund transfer plus $9,000 of interest earnings. Projects included in the 2009 program are server upgrades, network hardware and infrastructure upgrades, digital dictation for Police, replacement of mobile computers in squad cars, addition of printers to those squad care computers, security card access for City Hall and Community Center, telephone and voicemail system replacement, and a security camera system for monitoring City Hall and the Community Center. 2009 programined expenditures; $345,000. ENTERPRISE FUNDS Liquor Fund In support of the safe community goal and the ongoing goal to reduce property taxes, the City manages a municipal liquor operation. This fund accounts for all revenues and expenditures related to the operation of two municipal liquor stores. Revenue growth and profitability is expected to continue in 2009. A fund equity transfer of $200,000 was made into the Capital Projects Fund in 2008 to jump start the implementation of the recently completed General Buildings maintenance and repair plan. In addition the operating transfer into the Capital Improvements Fund has been increased from $125,000 to $135,000. Additionally, 130,490 will be transferred to facilitate the Capital Building Maintenance Plan for one more yeax. In the future, from 2010 forward, alternate sources of funding will be required if the plan is to continue without modification. In 2009 we anticipate entering into a new lease for Store #1 on Bass Lake 10 Road. The new lease will add 1,350 square feet of space to provide for much needed storage which allow increased profitability by expanding bulk purchases. In 2009 progranuned cash flow, after transfers to other funds, is ($20,135). Centerbrook Golf Course Operating Fund This fund accounts for the revenues and expenditures of the nine- hole golf course owned and operated by the City of Brooklyn Center. In 2009 we estimate approximately 22,000 rounds of golf which is less than peak years of the past. The 2009 budget includes $12,000 for bathroom remodeling. 2009 prograinmed net income after capital outlay; ($19,051). Earle Brown Heritage Center Operating Fund The Earle Brown Heritage Conference Center provides a community resource for events and meetings while preserving an historical landmark of the community. This Fund accounts for all revenues and expenses associated with conference and meeting and leasing activities hosted by the Center including the maintenance repair of the facility itsel£ Next year revenues and profitability are expected to decline or remain relatively flat due the poor economy. The staff is encouraged by the anticipated mid-year opening of the Embassy Suite Hotel. 2009 revenues will be enhanced by the lease of the D-barn for the Hotel Spa and the lease of the former Inn on the Farm property. A connecting walkway between the Hotel and the Center will be completed in 2009. We estimate 2009 annual cash flow after capital transfer will be $26,500. PUBLIC UTILTY FUNDS Water Utility Fund This fund provides for the distribution of potable water to customers. It includes funding for the operations, administration and water utility biiling. In 2009 a new automated meter reading system will be installed throughout the City improving efficiency, reliability and customer service. The 2009 rate per 1000 gallons will increase from $1.25 to 1.29 provide for the ongoing coast of operations and capital needs. Substantial water main improvements are expected to be completed in association with the neighborhood street proj ect of 2009. 2009 programined expenditures before depreciation but including capital transfers; $1,614.40L Sanitary Sewer Utility Fund This fund provides funding for the collection and conveyance of wastewater through a system of mains and lift stations. This fund also provides for routine and preventive maintenance of the system. The 2009 single family rates will increase from $62.63 to 63.24 per quarter to provide for the going maintenance and capital needs of the system. Significant system improvements are expected as part of the neighborhood reconstruction program of 2009.2009 programmed expenditures before depreciation but including capital transfers; $2,890,405. 11 Storm Sewer Utility Fund This fund provides for the collections and management of storm water throughout the city in compliance with State and Federal regulatory requirements. In 2007 the city installed a major area-wide storm water facility on the site of the Regal Theater. As part of the 2009 neighborhood street reconstruction program significant storm drainage improvements are planned. The single family storm drainage fees for 2009 will be 14.19 compared to $12.86 in 200�: The 2009 expenditures for this activity, before depreciation but including capital transfers, are $2,186,926. Street Lighting Fund The cost of electricity for operating the City's street lights is the major expenditure in this fund. Maintenance of the decorative street lights in the City is also included in this fund. 2009 planned expenditures before depreciation but including capital transfers; $243,251 Recycling Fund This fund accounts for the operation and administration of the City's state-mandated curbside recycling program. Revenues are from customer service fees with expenses comprised of payments to the Hennepin County Recycling Group, a four city consortium. In 2009 we will be exploring City wide special pickup services that are being provided in several of the nearby communities. The recycling rate for 2009 will be $7.80 per quarter. The 2009 programmed expenditures are $268,674. INTERNAL SERVICE FUNDS Central Garage Fund The Central Garage Fund accounts for the expense associated with providing services and fuel for a wide range of City vehicles such as fire trucks,.squad cars, dump trucks, mowers, loaders, pickups and staff cars. In addition the Garage services minor equipment such as chain saws, trailer pumps and generators. When the garage provides these services the direct and indirect costs are allocated to the department benefiting from the service. All revenue into this fund comes from other City sources. Revenues and expenditures in this operation do not represent additional income or additional expenses to the City. The fund is strictly used to keep track of the costs so that the appropriate City agency is charged. Expenditures for vehicle and equipment replacements in 2009 will be $924,930. 2009 programizied net cash flow; $171,370 Post Employment Retirement Benefit In support of the ongoing Council goal of assuring financial stability, The Post Employment Retirement Fund has been established as a sinking fund used to fund health insurance for eligible 12 retired employees. On January 1, 2005, the City Council limited the number of employees eligible for certain post retirement benefits. 2009 programined expenditures; 105,273. Employee Compensated Absences Fund This fund accounts for employees' compensated absences and the resulting liability to the City. Compensated absences include accrued vacation and sick time earned in accordance with City policy. 2009 programmed expenditures; $23,600 13 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND HOUSING REDEVELOPMENT AUTHORITY AND MARKET VALUE TAX LEVY FOR THE DEBT SERVICE FUND FOR PROPERTY TAXES PAYABLE IN 2009 WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, Minnesota Statutes require that the final property tax levy be provided to the Hennepin County Auditor no later than December 28, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that a tax is hereby levied on all taxable real and personal property within the City of Brooklyn Center for the purpose and sums as follows: General Fund: Limited Levy 6,593,550 Police Fire Special Levy 5,085,466 Foreclosures Special Levy 125,000 Subtotal Tax Capacity Levies: $11,804,016 2004 A-Police and Fire Building Refunding Bonds 703,903 Subtotal Market Value Levy for Debt Service 703,903 Housing and Redevelopment Authority 385,289 Subtotal Tax Capacity Levy for HRA 385,289 Total Levy 12.893.208 December 8. 2008 Date Mayor ATTEST: City Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: whereupon said r�solution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING A FINAL PROPERTY TAX LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING 1NFORMATIONAL SERVICES ANU RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469.033 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2009 WHEREAS, Minnesota Statutes require that the final property ta� levy be provided to the Hennepin County Auditor no later than December 28, 2008 for taxes payable in calendar year 2008; and WHEREAS, the City Council has received a resolution from the Housing and Redevelopment Authority of the City of Brooklyn Center establishing the final levy of the City of Brooklyn Center Housing and Redevelopment Autharity for fiscai year 2008; and WHEREAS, the City Council of the City of Brooklyn Center, pursuant to the provisions of Minnesota Statutes 469.033, Subdivision 6, must certify the final property ta.x levy resolution of the Housing and Redevelopment Authority of the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of City of Brooklyn Center, Minnesota that a special tax is hereby levied on all t�able real and personal property within the City of Brooklyn Center at the rate of 0.0185% of the total market value of real and personal property situated within the corporate limits of the City of Brooklyn Center that is not exempted by law. BE IT FURTHER RESOLVED that the property ta�c levied under this resolution be used for the operations and activities of the Housing and Redevelopment Authority of the City of Brooklyn Center pursuant to Minnesota Statutes Chapter 469.001 to 469.047. December 8. 2008 Date Mayor ATTEST: City Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereo£ and the following voted against same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2009 GENERAL FUND BUDGET WHEREAS, the City Council of the City of Brooklyn Center is required by City Charter and State Statute to annually adopt a budget. NOW THEREFORE BE I`T �Z:�SOLVED by the City Couricil of the City of Brooklyn C�nter that revenues and appropriations far the General Fund far 2009 shall be: Revenues and Other Sources General Fund Property Taxes 11,804,016 Sales Taac-Lodging Receipts 720,000 Licenses and Permits 731,295 Intergovernmental Revenue 2,022,332 Charges for Services 719,593 Fines and Forfeits 296,000 Miscellaneous Revenue 320.450 Total General Fund Reven,ues l6_6l3_686 Appropriations and Other Uses General Fund General Government 2,465,939 General Government Buildings 767,639 Public Safety 7,652,861 Public Works 3,132,579 CARS 1,450,207 Community Development 995,317 Convention and Tourism 342,000 Social Services 70,819 Risk Management 205,205 Central Services and Supplies 295,620 Reimbursement from .Other Funds 839,500) Transfer Out-Miscellaneous 75,000 Total General Fund Appropriations 16_613.686 December 8, 2008 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member �d upon vote being taken thereon, the following voted in favor thereo£ and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2009 SPECIAL REVENUE FUND BUDGETS WHEREAS, the City Council of the City of Brooklyn Center is required by City Charter and State Statute to annually adopt a budget. NOW; `TH�REFORE, BE �T RESOLVED by the City Council of the Gi�y of Broaklyn Center that appropriations for the Special Revenue Fund Budgets for 2009 shall be: Revenuesand Other Sources Special Revenue Funds Economic Development Authority 426,389 Housing and Redevelopment Authority 385,289 Community Development Block Grant 193,749 TIF bistrict #2 752,605 TIF District #3 2,346,465 TIF District #4 301,562 City Initiatives Grant Fund 211,971 Total Special Revenue Funds 4.618_030 Appropriations and Other Uses Special Revenue Funds Economic Development Authority 347,915 Housing and Redevelopment Authority 385,289 Community Development Block Grant 193,749 TIF District #2 16,000 TIF District #3 3,827,894 TIF District #4 286,484 City Initiatives Grant Fund 498.584 Total Special Revenue Funds 5_55_5.915 December 8. 2008 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2009 D EBT SERVICE FUND BUDGETS WHEREAS, the City Council of the City of Brooklyn Center is required by City Charter and State Statute to annua.11y adopt a budget. �f NO�, 7�=IER�F�RE� �E IT RESOLVED b`�t1ie �i Couricil of the Ci of Brt�ok� Y ty tY rn Center that appropriations for the Debt Service Fund Budgets for 2009 shall be: Revenues and Other Sources Debt Service Funds 1998A GO Improvement Bonds -0- 1999A GO Improvement Bonds 171,493 2000A GO Improvement Bonds 95,790 2001A GO Improvement Bonds 97,600 2003A GO Improvement Bonds 153,684 2004A GO Building Refinancing Bonds 708,903 2004B GO TIF Refinancing Bonds 467,254 2004C GO Improvement Bonds 148,077 2004D GO TIF Bonds 1,522,395 2006A GO Improvement Bonds 203,706 2008A GO TIF Bonds 1.834,997 Total Debt Service 5_403_899 Appropriations and other Uses Debt Service Funds 1998A GO Improvement Bonds 99,995 1999A GO Improvement Bonds 168,298 2000A GO Improvement Bonds 79,532 2001A GO Improvement Bonds 82,320 2003A GO Improvement Bonds 139,893 2004A GO Building Refinancing Bonds 705,403 2004B GO TIF Refinancing Bonds 453,645 2004C GO Improvement Bonds 127,469 2004D GO TIF Bonds 1,497,471 2006A GO Improvement Bonds 193,945 2008A GO TIF Bonds 1.834,997 Total Debt Service 5382.968 December 8, 2008 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2009 CAPITAL PROJECT FUND BUDGETS V�HEREAS, the City C�un�i.l o� the City of Brooklyn Center is required by Gi�_, Charter and State Statute to annually adopt a budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that appropriation for the Capital Project Funds for 2009 shall be: Revenues and Other Sources Capital Project Funds Capital Improvements Fund 145;300 Infrastructure Construction Fund 6,867,360 Municipal State Aid (MSA) Fund 685,000 Street Reconstruction Fund 715,000 Earle Brown Heritage Center Capital Fund 204,300 Technology Fund 77,700 Total Capital Project Funds �$_694_660 Appropriations and Other Uses Capital Project Funds Capital Improvements Fund 390,000 Infrastructure Construction Fund 7,892,695 Municipal State Aid (MSA) Fund 775,400 Street Reconstruction Fund 850,000 Earle Brown Heritage Center Capital Fund 287,300 Technology Fund 345,000 Total Capital Project Funds �10_540_395 December 8, 2008 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 thereo£ and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2009 ENTERPRISE FUND BUDGETS �UHF�EA.S,-the. City Council of the City of �ro�klyn Center is required by_ Crt� Charter and State Statute to annually adopt a budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that appropriations for the Enterprise Funds for 2009 shall be: Revenues and other Sources Enterprise Funds Brooklyn Center Liquor 5,527,300 Centerbrook Golf Course 275,000 Earle Brown Heritage Center 4.238,230 Total Enterprise Funds �10.04(1,530 Appropriations and Other Uses Enterprise Funds Brooklyn Center Liquor (w/o Depreciation) 5,547,435 Centerbrook Golf Course (w/o Depreciation) 294,051 Earle Brown Heritage Center (w/o Depreciation) 4.216.629 Total Enterprise Funds �l0_058_l 15 December 8. 2008 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2009 PUBLIC UTILITY FUND BUDGETS VVI�EREAS, the Cit3� Council of the Gity �f Brooklyn Cent�r is required by City Charter and State Statute to annually adopt a budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that appropriations for the Public Utility Fund Budgets for 2009 shall be: Revenues and Other Sources Public Utility Funds Water Fund 1,914,838 Sewer Fund 3,276,320 Storm Sewer Fund 1,562,462 Street Lighting Fund 257,158 Recycling Fund 267,756 Total Public Utility Funds 7_278_534 Appropriations and Other Uses Public Utility Funds Water Fund (w/o Depreciation) 1,614,401 Sewer Fund (w/o Depreciation) 2,890,405 Starm Sewer Fund (w/o Depreciation) 2,186,926 Street Lighting Fund (w/o Depreciation) 243,251 Recycling Fund (w/o Depreciation) 268.674 Total Public Utility Funds 7203_657 December 8. 2008 Date Mayar ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2009 INTERNAL SERVICE FUND BUDGETS WH�R��A� Citg� Council of the Gity-�af �3xooklyn Center is required by __C�ty Charter and State Statute to annually adopt a budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that appropriations for the Internal Service Fund Budgets for 2009 shall be: Revenues and Other Sources Internal Service Funds Central Garage Fund 1,848,390 Post Employment Insurance Fund 32,400 Compensated Absences Fund 23,600 Total Internal Service Funds 1_904_390 Appropriations and Other Uses Internal Service Funds Central Garage Fund (w/o Depreciation) 2,019,760 Post Employment Insurance Fund 105,273 Compensated Absences Fund 23,600 Total Internal Service Funds 2_148.633 December 8. 2008 Date Mayar ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager Fi�OM: Daniel Jordet, Dir�ct��f�iscal &°�upport Services DATE: 1 December 2008 SUB)ECT: Adoption of the Capital Improvement Program for the years 2009 through 2023 Recommendation: It is recommended that the City Council consider the attached resolution adopting the Capital Improvement Plan for the fiscal years 2009 through 2023. Background: Attached to the Resolution as Exhibit A is the Capital Improvement Plan document reviewed with the City Council and Financial Commission on November ruction 17 2008. This lan details the 15 year plan for capital const p ccom lish improvements within the City and the financing sources required to a p these projects. Financial Impact: The Plan anticipates a total of 93,322,600 in improvements over the next 15 years. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2009-2023 CAPITAL IMPROVEMENT PROGRAM r WHEREAS, the City Council of the City of Brooklyn Center annually adopts a Capital Improvements Program following review and discussion y the City Council; and WHEREAS, the City Council reviewed and discussed the proposed 2009-2023 Capital Improvement Program together with the Financial Commission on November 17, 2008; and WHEREAS, attached hereto and incorporated herein by reference as E�ibit A is the documentation for the above referenced 2009-2023 Capital Improvement Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the 2009-2023 Capital Improvement Program as set forth in Exhibit A to this Resolution be and hereby is adopted. December 8. 2008 Date Mayar ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. EXHIBIT A City of �rool�yC n Cente�' S 2009 CAPITAL IMPROVEMENT PROGRAM PROFILE 'The 2009 Capital Improvement Program (CIP)_ is a planning document that presents a fifteen-year overview of scheduled capital projects to address the City's goals for maintaining public infrastructure. The CIP includes a long-term financing plan that allows the City to allocate funds for these projects based on assigned priorities. The fifteen-year horizon of the CIP provides the City with an opportunity to evaluate project priorities annually and to adjust the timing, scope and cost of projects as new information becomes available. The information contained in this plan represents an estimate of improvement costs based on present knowledge and expected conditions. Changes in community priorities, infrastructure condition and inflation rates require that adjustments be made on a routine basis. A capital improvement is defined as a major non-recurring expenditure related to the City's physical facilities and grounds. The 2009-2023 CIP makes a concerted effort to distinguish between major maintenance projects contained in the City's operating budgets and capital improvement projects financed through the City's capital funds and proprieta.ry funds. Typical expenditures include the cost to construct roads, utilities, parks, or municipal structures. The CIP is predicated on the goals and policies esta.blished by the City Council, including the general development, redevelopment, and maintenance policies that are part of the City's Comprehensive Plan. A primary objective of the CIP is to identify projects that further these goals and policies in a manner consistent with funding opportunities and in coordination with other improvement projects. CIP Project Types The Capita.l Improvement Program proposes capital expenditures totaling $93 million over the next 15 years for basic improvements to the City's streets, parks, public utilities, and municipal buildings. A brief description of the four functional areas is provided below. Public Utilities The City operates five utility systems, four of which have projects included in the CIP —water, sanita.ry sewer, storm drainage, and street lighting. A vast majority of the public utility improvements are constructed in conjunction with street reconstruction projects. The remaining portion of public utilities projects include improvements to water supply wells, water towers, lift stations and force mains. Street Improvements Street improvements include reconstruction of neighborhood streets and reconstruction of arterial and collector streets. Proposed improvements include the insta.11ation or reconstruction of curb and gutter along public roadways. As noted earlier, street improvements are often accompanied by replacement of public utilities. CfP (2009 2023) 1 EXIiI6IT A Parklmprovements Park improvements include the construction of trails, shelters, playground equipment, athletic field lighting and other facilities that enhance general park appearance and increase park usage by providing recreational facilities that meet community needs. Capital Building Maintenance Improvements Capital building maintenance improvements include short and long term building and facility improvements identified in the 18-yeaz Capital Building Maintenance Program approved in 2007. CIP Funding Sources Capital expenditures by funding source for the fifteen-year period are shown in Table 1 and the accompanying chart. Major funding sources are described below. Public Utility Funds Customers are billed for services provided by the City's water, sanitary sewer, storm sewer, and street lighting public utilities. Fees chaxged to customers are based on operating requirements and capital needs to ensure that equipment and facilities are replaced to maintain basic utility services. Annually the City Council evaluates the needs of each public utility system and establishes rates for each system to meet those needs. Capital Improvements Fund This fund is comprised of transfers from the General Fund, repayment of deht from the Golf Course operating fund, and transfers from liquor operations. Typically the City t;ouncil has directed these funds towards municipal facilities such as parks, trails, public buildings and other general purpose needs. Special Assessment Collections Properties benefiting from street improvements are assessed a portion of the project costs in accordance with the City's Special Assessment Policy. Every year the City Council establishes special assessment rates for projects occurring the following year. Rates are typically adjusted annually to maintain the relative proportion of special assessments to other funding sources. Street Reconstruction Fund The Street Reconstruction Fund provides for the cost of local street improvements along roadways that are not designated as municipal state aid routes. A majority of the revenue for this fund is generated from general fund transfers and franchise fees charged for the use of public right-of-way by natural gas and electric utility companies. The City's ability to provide adequate revenue for the Street Reconstruction Fund is currently one of the main limiting factors in determining the rate at which future street and utility improvements can be accornplished. Municipal State Aid (MSA) Fund State-shared gas taxes provide funding for street improvements and related costs for those roadways identified as MSA streets. The City has 21 miles of roadway identified as MSA streets and is therefore eligible to receive fundin based on this desi ation. The annual amount available is approximately $780,000 and g provides for maintenance and construction activities within the City's MSA street system. Funds to be Determined A dedicated funding source for portions of the Capital Building Maintenance Improvements is yet to be determined. The Liquor Store Enterprise fund is anticipated to be used in 2009 CIP (2009 2023) 2 EXHIBIT A Total Funding Average Annual Percent of Need 2009-2023 Funding Need Total Need Water Utility $15,840,450 $1,056,030 17% Sanitary Sewer Utility $12,273,950 $818,263 14% Storm Drainage Utility $17,064,000 $1,137,600 18% Street Lighting Utility $879,700 $58,647 1 Mur�icipal State Aid $9,085,000 $605,667 10% I Street Reconstruction Fund $12,570,200 $838,013 13% Capital Projects Fund $2,596,000 $173,067 3% Special Assessment Collections $17,928,400 $1,195,226 19% Funds To Be Determined $5,084,900 $338,994 5% TOTAL $93,322,600 $6,221,507� 100% TABLE 1. Capital Improvement Program Summary by Funding Source Capital Improv�ment Program by Funding Source w, z�d Funds To Be Determined, 5% Street Light, 1% Capital Projects, 3% Table 2. Overview of projects and funding sources for the 2009 Capital Improvement Program. Annual breakdowns for each project year are accompanied by a brief description of each project. CIP (2009 2023) 3 l I/� r n nn m w► „'t- 7 vuw�.. �:��a e C� 1 ��-1F�f^��' T aa �.'�"�`�i '_=�"'^x `�ii� +r -7s n9 n:i �i i �,:Q Q'i �h`!'�j�al�}�� a r' t r i� n9 i a u �Q C �s I �Y U� I lu ��II�O �'�I z�r rrt� "v .`T n�� =[7� i a'�. �i ��g�.R� d.t o I i i� �C, tis�� M r� ��i��� l���IP� �u3 r� �MMlff� ■W�'��ii{hYi! r nOn A ai yn1 �qA�� n� a1 t� i �e r s` a �!i �r a i o f nm F i� �x�� i �'+9 rr r �y.vum .wW w ir °uu■nmm�r►. f� r S ci �mue mm�mnri nr a� ai �3 mat��.�r mq� m u�c.a 1�t0[ C�11�1�� H[�1���hy��N ��mnm��nu�ulf� mmn m� F'� ca i� I �:ti� uanni pTi �a� �u►un m�nnuu �r �tw�ry �i�� v� i+�4 '�.w`�� m^ m 4v� 5� W �YIY E�I1no ��4�� u� 4 e r �uu►��f rn� E Y� eai C r:. �u i�i� `�+i� .s�u��cn nin�� �I� n i �ts[.as .�i���/lln� mmmrne� IIIIUC� �e� 4�� r:i o nr ai�c mm rw1.�:43�i�n ��nLS.Y� ����j�: f I����IR�i:Jil%il'L �nmm�tr, na��n�� m� iitl��.. �u. c�! =a qOqtl�l��q ("lIC.. �l,".'7' �.u��. 9� �.:u�ttll� ��c ��'111Rl�jJ�� ur �ia� oi�. I �.n�..� lm n►V�lw�� �wi a nu� innn�e C. �1�� qI1 S,� s::r� �rr E w a wtrn�n {7dl iFG' ;DIf iue�t�yw�rnm d4��1,, Nii�N� i� .a. o �qtlnm.arai p i �k���+► r.�rn..�C= mm�ummr a IIn■..� a....A• u T �w Hnnnni� r� 1L �Cd �r 7� �nn ��nn I_ r ���L" i�Q f� i' I� z .w. C y y. �.a w� C� �i n u A u p 1 I. C� r��� 1 ��i� f -1 E�I :1-' ;�r �"wnn��i' 13 '�III� I I 'I �����r C� i i�� 09 L �.s a I�7Y�7.ii� u�anu� f �u�rs� s� p �e sacr n ■�m ww e Uu��xn �?A� �u ar� m �e� ��ex�uzay� FQ. o ,�rv° �s r� i ���O�tv ��NS�� �0�� t� .Z,P h� ■��►�rj j 1 LY►�iti�i�i :i w Saa y c.�. ��O s" 11 o��� `�a n �ti �'YLy.� n�\� o� 3 N r %i�11�NF s9�j� g+� r'� ii �����r►w i u: y r�.� iYGY�Y' r/1/1��-_ yr� G" C� G T.�.. �.rA, {/DE,SII'CES�' :J�r �qp� �o�'r� i' n C'J i� V i� ii .'r� C nn!.,.._' I ����vi�� 1!!NL".7N�=aE i m�n��u- u i ca:^ u t. N�' lII11 E_ ��iQ� Cl� �i �f�' ca� =1� ai `i1��1111� r K1 e p ��p���� a -��n �n wr -w `IP C ir ti� �!�"a ��4#frRl��dLH r� IIIIHu� ��r �m�m C ti ��i �H�N "W� .e 7 l .Y= v�' �r +�1 L�nq �+i:i �iu �Wq�Q� :w l� t a .s. I ."3. y 3���nm� y `y �k�� ��.4:17 7� o y 1it. �t i rf v 'k�R iii elG YIG�" �iYi{7N�� u �0�� f F r t �S•2 as;� �i ��i; ii a� �w i r a pm� sI a �,;�3 -u �AIII�� r�� I r �Ci��!� i� n1r+�iWiri� j n� li� q s. i. �airrNe...� �u �x�s� 7 .�-'I x em� �N k#] r muuF i r� Y. �iiii �i C °7 n. d ��IIIfly,h/Iji r �n�mnN� �C =7 �i :n�nctJC •r r rnnni m i �n a+nu i ��oi� i s mwn ununnw nt�t s.: Ilp �I �IIA��uiuinl� c"' nnuw 4 y+�tiimo nmr►��%� ,.4 nmm�wwnW�n ��n ���v��� u1�O�1��0 ta1R a� ��m� �nwn� n 5` I�W �11��iV rr p idw p� W c ���i�E. r F qty�� �IL 100 �n n .v� nnn r4�iirumu�m �`��fe r�� am����I 1C ��m�O�i a ��Iri� vi �'q�� L.�1 :G41•►��1�l/n InmaUpRl�w �UI�1� -�iu�1= �w ��r r, `L�c /luuu ian ::�7jtn u•► '��U�va�a�. �mm��u►t�i nnullhii nn �o u�an �tz��i3s ���u c;� iniu111IU��n rmu�� m r� p �uu F �mlfjl�� �a�s�i�■ ti III nuii� �:w� �muu Y nup�0l��nd ��nn►�iit��i i E� i 'r i Np G �B �1� r ��F€ �u�'L��� «u� �GVnd .c .►f: �xcc�ar�� r 4 '"�:�u:� ��'►1 u�VU�onnta h��//Ain� -f� a uunmmu�u r -t►�,mr j.1 ��nn�ammmi o �i:�� �1I e �i��o m i i I !r;_' au a� R e=:: ri r G►� N r L 7u niir�a �Ili u i i �a� 7_ u��'� �IINp� N� u�uuu ,�ytp11 r iiuiiiu a� p- i� I� i „S �.�.�ae� A� ■�n. N mm� �y. a+yy4'�O�w1�� �:x� R� C� �.a �ewcu� m CN a� ..0�� Y c� a i: G Wlidll'+iiOq�i' G'� n vi �w ae� rs 'E7 �+�/1 nu�3�t��n �nr .s a �r aLZYa C n.a-' o N C: urne „s�►� .+�i.� .r 'N�u11O1t s� ..r �'�ua�� CI F" ic3 C .n �IYrI1N i� �S a Lr-� N OII�H� r ee ii i I C� ti vlirli�Yf/�I< iF ra _L G? rr �A�1.L'� L1hGn 1 �s IO�C�..TTISCE�i,i�� :J� .�IIOId�I G�: r� ii J a �i'� M r'� C: �.i �s: �is'�! �a mn1111��E 3 �P� i' �A �'G� ►�C�� C m�� :�r ���2 .�"E-►.-. �r ����I ��1 �`u` y 0� y��� �I��� .Y� �N -ii i�• T Capital Improvement ram (2009 2023) Revised November 12, 2008 Special Street MSA Storm Drainage Sanitary Sewer Water Street Light Capital Projects To Be Total Project Project Assessments Reconst. Fund Fund Utility Utility Utiliry Utiiity Fund Determined Cost 2009 Aldrich Neighborhood I $441,000 $850,000 $0 I $1,447,000 I $285,000 $205,000 I $38,000 I $0 I $0 I $3,266,000� Wetland 639W participation with SCWMC I $0 I $0 $0 I $165,800 I $0 I $0 $0 I $0 I $0 I $165,800 Arboretum South Parking Lot Reconstruction I $0 SO $0 I SO I SO I $0 SO I $21,000 I $0 I $21,000 West Central Park Trail Rehabilitation I $0 $0 $0 I $0 I $0 I $0 $0 I $140,000 I $0 I 5140,000 Automated Meter Reading Rrogram I $0 $0 I $0 I $0 $687,250 I$2,061,750 I $0 I $0 $0 I $2,749,000 Centerbrook Golf Course Watermain Replacement I $0 $0 $0 $0 $0 $190,000 I $0 I $0 $0 $190,000 Sanitary Sewer Lining at Brooklyn Dr. and i-694 SO I $0 $0 I $0 $51,000 $0 $0 I $0 $0 $51,000 Shingle Creek Pkwy/69th Ave Street Improv I $0 I $0 $650,000 $0 $0 $0 I $0 I $0 $0 $650,000 Emergency Bypass for Lift Station 6 I $0 I SO $0 SO I $102,000 $0 I $0 I $0 SO $102,000 Capital Building Maintenance Program 2009 I $0 I $0 I $0 $0 I $19,900 I $56,100 I $0 I �0 $172,500 $248,5001 Northport Tennis Court Resurfacing I $0 $0 I $0 $0 I SO I $0 I $0 I $24,Op0 $0 I $24,OOOI West Palmer Park Tennis Court Resurfacing I $0 $0 I $0 $0 I $0 I $0 I $0 I $ZZ,ObO SO I 522,0001 �Riverdale Open Picnic Shelter I $0 $0 $0 I $0 $0 I $0 I $0 $68,000 I $0 I $68,0001 2009 Subtotal $441,000 $850,000 $650,000 $1,612,800 $1,145,150 $2,512,850 $38,000 $275,Q00 $172,500 $7,697,300 rn 2010 �DupontAvenue Reconstruction I $816,000 $0 I $1,365,000 I $563,000 $308,000 $290,000 I $25,000 '$0 $0 I $3,367,000 p.� ITwin Lake North! Lakeside Neighborhood I $904,000 I $1,305,000 I' $77,000 I $1,108,000 I $970,000 $902,000 I $53,000 I $0 $0 I $5,319,000 W �Vincent Neighborhood I $75,000 $117,000 I $0 I $155,000 I $45,000 $28,000 I $0 I $0 $0 I $418,000 1�1 IStorm Water Ponds 12-002 8 12-003 Dredging I $0 $0 I $0 I $110,000 I $0 $0 I $0 $0 $0 I $110,000 �Capital Building Maintenance Program 2010 I $0 $0 I $0 I SO I $19,200 $39,000 I $0 I $0 I $172,800 I $231,000 Willow Lane Open Picnic Shelter I $0 $0 I $0 $0 I $0 $0 I $0 I $70,000 $0 I $70,000 Shingle Ck Trail Central Park to CR 10 I $0 I $0 I $0 I $0 I $0 $0 I $0 I $95,000 I $0 I $95,000 �Kylawn and Firehouse Park Trail Rehab. I $0 $0 I $0 $0 I $0 $0 I $0 I $62,tl00 $0 l $62,000 2010 Subtotal $1,795,000 $1,422,000 $1,442,000 $1,936,000 $1,342,200 $1,257,000 578,000 $227,000 $172,800 $9,672,000 2011 Logan Neighborhood Reconstruction I $972,000 I $906,000 I $0 I $873,000 $395,000 I $720,000 I $54,000 I $0 I $0 $3,920,000 Lift Station No. 9 Force Main Replacement I $0 I $0 I $0 I $0 I '$415,000 $0 I $0 I ;•$0 I $0 $415,000 Emer Generator Repiacement for Lift Station No. 2 I $0 $0 I $0 I $0 I $60,900 $0 I $0 I $0 I $0 $60,900 Traffic Signal Replace at SCP and I-94 I $0 $0 I $303,000 I $0 I $0 $0 I $0 I ;$0 I $0 I $303,000 Storm Water Pond 12-005 Rehab I $0 $0 I $0 i $49,000 I $0 $0 I $0 I $0 I $0 I $49,OOOI I �Capital Building Maintenance Program 2011 $0 $0 I g0 I SO $55,500 $7,400 I $0 I $0 I $474,200 I $537,1001 I IWest Palmer Park Building Replacement I $0 $0 I SO I $0 I $0 $0 I $0 I $270,p00 I $0 I $270,0001 �UnityAvenueReconstruction $181,000 $128,000 $0 $89,000 $15,000 $208,000 $13,000 "$0 $0 $632,000; I 2071 Subtotal $1,153,000 $1,034,000 $303,000 $1,011,000 $941,400 $933,400 $67,000 $270,000 $474,200 $6,187,000 I 2012 �Evergreen Park Fence Court Reconstruction I $0 $0 I $0 I $0 I $0 $0 I $0 I $77,000 I $0 $77,000 �i Evergreen Athletic Field Lighting Replacement I $0 i $0 I $0 I $0 I $0 $0 I $0 I $105,000 $0 $105,000 Northport Park Building Replacement i SO $0 I $0 I $0 I $0 $0 I $0 I $275,000 $0 $275,000 Water Tower No. 2- Painting I $0 $0 $0 I $0 I $0 $718,000 $0 I $0 $0 $718,000 Storm Water Pond 18-001 Rehab $0 $0 I $0 $155,000 $0 $0 I $0 ,$0 SO $155,000 Storm Water Pond 46-001 Rehab $0 $0 $0 $39,000 $0 $0 I $0 _I $0 $0 $39,000 Capital Building Maintenance Program 2012 $0 $0 $0 $0 $17,300 $25,300 I $0 I $0 $202,500 $245,100 East Palmer Lake Neighborhood Reconstruction $768,000 $860,000 $0 $756,000 $345,000 $315,000 $40,000 $0 $0 $3,084,OOQ I 2012 Subtotal $768,000 $860,000 $0 $950,000 $362,300 $1,058,300 $40,000 $457,000 $202,500 $4,698,100Y \\bo-ch02\SHARED$\Budget�2009\Public Works\CIP 2009�2009 FINAL CIP Table 2.xls i Ta� Capital Improvement Program (2009 2023) Revised November 12, 2008 Special Street MSA Storm Drainage Sani�ary Sewer Water Street Light Capital Projects To Be Totai Project Project Assessments Reconst. Fund Fund Utiliry P161ity Utiiity Utility Fund Determined Cost I 2013 Baseball Backstop Replacements I $0 I $0 $0 I $0 I $0 $0 I $0 $20,OOD $0 $20,000� Replace Tra�c Signals at 66th Ave Hwy 252 I $0 I $o $150,000 I $0 $0 I $0 $0 $0 $0 $150,000� Storm Water Pond 60-001 Rehab I $0 I $0 $0 I 517,000 $0 I $0 SO $0 $0 I $17,000� Capital Building Maintenance Program 2013 I $0 I $0 $0 I $0 $0 I $111,600 $0 $,0 $565,200 I $676,800 Humboldt Ave N(53tti to 57th) Reconstructio� $260,000 I $0 1 $0 I $0 I $100,000 I $90,000 $28,000 $0 I 5,654,009 Kylawn Park Neighborhood Reconstruction $1,358,000 I $$66,000 $538,000 I $878,000 I $1,005,000 $958,000 $51,000 �0 2013 Subtotal $1,618,000 $866,000 $688,000 $895,000 $1,105,000 $1,159,600 $79,000 $20,OQ0 $565,200 $6,995,800 2014 �Central Park Tennis CouRs Resurfaci�g I $0 I $0 $0 I $0 I $0 I $0 $0 $75,OQ0 I $0 $75,000� Capital Building Maintenance Program 2014 I $o $0 $0 I $0 $54,900 $85,600 $0 I $0 $81,900 $222,400 Storm Water Pond 50-001 Rehab $0 I $0 $0 $69,000 1 $0 I $0 $0 f $0 I $0 $69,000 illow Lane Trail Reconstruction $0 1 $0 $0 $0 I $0 I $0 $0 $40,000 $0 $40,000 Wangstad Park Neighborhood Reconstru Z014 Subtotal $1,515,0 0 I $1 002,000 $397 000 I $1 $1,1�29,900 i $1,090,600 $52,000 I $115; 00 I $81,900 $66417,400 Im 2015 I �Baseball Fence ReDlacement $0 $0 I $0 I $0 I $0 V $0 I $0 I $35,000 I $0 I $35,000 x �FreewaY Park Trail Reolacement $0 $0 I $0 $0 I $0 I $0 I $0 I 528,000 i $0 I $28.000 �Water Tower No. 3 Painting $0 I $0 I $0 I $0 I $0 I $410,000 i $0 I $0 I $0 I $410,000 N Capital Building Maintenance Program 2015 $0 I $0 I $0 I $0 I 83,000 I $123,600 I $0 1 $0 I $299,600 I $426,200 Lions Park Trail Replacement $0 I $0 I $0 I $0 I $0 I $0 I $0 I $57,000 I $0 I $57,000 H 63rd Avenue North Reconstruction $286,000 I $0 I $2,009,000 I $0 I $112,000 I $90,000 I $53,000 I �0 I $0 I $2,550,000 �,,..I Freeway Park Neighborhood Reconstruction $1,085,000 $1,040,000 $0 $937,000 $$$0,000 $$20,000 I $45,000 I $0 I $0 $4,607,000 2045 Subtotal $1,371,000 $1,040,000 $2,009,000 $937,000 $995,000 $1,443,600 $98,000 $120,Q00 $299,600 $8,313,200I� 2076 Evergreen Park Trail Replacement $0 $0 $0 I $0 I $0 I $0 $0 I $50,p00 $0 $50,000 I 12,000 Brooklyn Blvd City Entrance Signs $0 I $0 I $0 I $0 I $0 I $0 $0 I $12,p0� Capital Building Maintenance Program 2016 $0 I $0 I $0 I $0 I $110,800 I $17,000 $137'�$p $g7,000 Siorm Water Pond 12-004 Rehab $0 I $0 I $0 I $67,000 1 $0 I $0 SO I $9 69th Avenue Greenway Fence Rehab I $0 I $0 I $0 I $0 I $0 I $0 $0 $36,000 SO $36,OOC I Water Tower No. 1 Painting $0 $0 $0 I $0 I $0 I $360,000 $0 $0 $0 $360,000 Freeway Blvd West Reconstruction I $235,000 $0 $215,000 $0 $0 I $0 $0 $0 $0 $450,000 �Palmer Lake West Neighborhood Reconst Subtotal� $$210 000 $660,000 $215,000 I $1,267 000 $923,800 I $1 ,�30,000 $50,000 $98, 00 $137,100 I $5 690,900 I 2017 West River Rd Trail Replacement $0 $0 i $0 I $0 I, SO $0 I $0 I $115,000 $0 I $115,000 Capital Building Maintenance Program 2017 I $0 $0 $0 I $0 $0 I $22,400 I $0 $0 I $261,100 I $283,500 i Evergreen Neighborhood Reconstruction $1,527,000 $700,000 $1,195,000 $1,500,000 I $710,000 i $1,305,000 $65,000 I SO $0 I �7,002,000 2017 Subtotal $1,527,000 $700,000 $1,195,000 $1,500,000 $710,000 $1,327,400 $65,000 $115,000 $261,100 $7,400,500I 2018 �Central Park East Trail Replacemsnt $0 I $0 SO I $0 $0 $0 i $0 i $98,p00 I $0 $98,000 Capital Building Maintenance Program 2018 I $0 I SO $0 I $0 $20,600 $47,900 $0 I $0 I $389,500 $458,OOQ Firehouse Park Neighborhood Reconstruction I $1,903,000 51,050,000 $405,000 52,116,000 $827,000 $735,000 $70,000 I I$0 $0 $7,106,000 I 2018 Subtotal $1,903,000 $1,050,000 $405,000 $2,116,000 $847,600 $782,900 $70,000 $98,�000 $389,500 $7,662,000 I 1�bach02\SHARED$�Budget�2o09\Public Works\CIP 2009�2009 FINAL CIP Table 2xls Ta Capital Improvement�am (2009 2023) Revised November 12, 2008 Special Street MSA Storm Drainage Sanitary Sewer Water Street Light Capital Proj�cts To Be Total Project Project Assessme�ts Reconst. Fund Fund Utility Utility Utility Utility Fund i Determined Cost 2019 IPark Playground Equio Replacement $0 I $0 I $0 $0 SO $0 I $0 I $203,OQ0 I $0 $203,000 �Capital Building Maintenance Program 2019 $0 I $0 I $0 SO $2,600 511,300 $0 I $0 I $460,400 $494,300 �Interstate Neighborhood Reconstruction $1,120,000 $1,025,000 I $0 $1,670,000 $1,090,000 $1,020,000 $48,000 $0 $0 $5,973,000 2019 SubtoWl $7,120,000 $1,025,000 $0 $1,670,000 $1,092,600 $1,031,300 $48,000 $203,000 $480,400 $6,670,300 2020 Park Playground Equip Replacement $0 $0 I $0 I $0 I $0 I $0 I $0 I $207,000 I $0 I $207,000� Capital Building Maintenance Program 2020 $0 $0 $0 I $0 I $6,300 I $42,100 J $0 I $0 I $831,600 I $680,000 LoganlLilaG59thAvenueReconstruction i $450,000 $0 $1,075,000 I $0 I $46,000 I $150,000 f $20,000 I $0 I $0 I $1,741,000 Grandview Neighborhood Reconstruction $2,070,000 $950,000 $305,000 I $1,465,000 I $1,175,000 I$1,100,000 I $84,000 I $0 I $0 $7,149,000 2020 Subtotal $2,520,000 $950,000 $1,380,000 $1,465,000 $1,227,300 $1,292,100 $104,000 $207,OD0 $831,800 $9,977,000 2021 Park Ptayground Equip Replacement $0 I $0 $0 i $0 $0 $0 I $D I $211,000 I $0 I $211,000 Capital Building Maintenance Program 2021 $0 $0 $0 I $0 $3,100 I $0 I $0 I �0 I $95,700 $98,800 Ryan Lake Industrial Park $335,000 $165,000 $0 $437,000 $211,000 $541,000 $32,000 $0 I $0 I $1,721,000 2021 Subtotal $335,000 $165,000 $0 $437,000 $214,100 $541,000 $32,000 $211,Ob0 $95,700 $2,030,800 rn 2022 �Palmer Lake Trail Mill and OverlaY $0 I $0 $0 I $0 I $0 $0 I $0 I $180,Q'�00 $0 I $180,000 ICapital Building Maintenance Program 2022 $0 $0 $0 I $0 I $3,600 $37,700 I $0 I $0 I $366,300 I $407,600 �Northwest Area Neighborhood Mill R Overlay i $125,000 I $215,000 $0 $35,000 I $25,000 $25,000 $0 I $0 I SO I $425,000 M 2022Subtotal $125,000 $215,000 $0 $35,000 $28,600 $62,700 $0 $180,000 $366,300 $1,012,600 a 2023 Capital Building Maintenance Program 2023 i $0 I $0 $0 $0 i $4,000 I $7,700 I $0 I $0 I $554,500 $566,200 51stAvenue Reconstruction $74,000 I $137,300 $0 $25,000 i 530,000 I 530,000 I $7,500 $0 I $0 $303,800 53rd Avenue Reconstruction Area $353,300 I $408,000 $401,000 $143,200 I $145,000 I $155,000 $40,200 I SO l $0 $1,645,700 Lyndale Avenue Reconstruction Area $100,100 I $185,900 $0 I $30,000 I $30,000 I $25,000 i $11,000 I $0 I $0 $382,000 2023 Subtotal $527,400 $731,200 $401,000 $198,200 $209,000 $217,700 $58,700 $0 $554,500 $2,897,700 j \lbo-ch02\SHARED$\Budget12009\Public WorkslClP 2009�2009 FINAL CIP Table 2.xls i Y EXHIBIT A PROJECT DESCRIPTIONS 2009 2023 Capital Improvement Program City of Brooklyn Center Street and U4ilit�-Improvement Projects Aldrich Neighborhood Improvements Humboldt Avenue South Improvements Dupont Avenue Neighborhood Improvements Twin Lake North Improvements Logan Neighborhood Improvements Unity Avenue Improvements East Palmer Lake Neighborhood Improvements Kylawn Park Neighborhood Improvements Wangstad Park Neighborhood Improvements 63`a Avenue Improvements Freeway Park Neighborhood Improvements Freeway Boulevard West Improvements Vincent Neighborhood Improvements Palmer Lake West Improvements Evergreen Park Neighborhood Improvements Firehouse Park Neighborhood Improvements Interstate Neighborhood Improvements Logan, 59`� and Lilac Drive Improvements Grandview Park Neighborhood Improvements Ryan Lake Industrial Park Improvements S l st Avenue North Improvements 53` Avenue Neighborhood Improvements Lyndale Avenue Neighborhood Improvements Miscellaneous Water Main and Sanitary Sewer Improvements Automated Meter Reading Program Lining Sanitary Sewer Under I-694 at Brooklyn Drive Emergency Bypass for Lift Station No. 6 Centerbrook Golf Course Water Main Improvement�— Water Tower No. 1 Painting Water Tower No. 2 Fainting Water Tower No. 3 Painting Project Summary 2009 Capital Improvement Program EXHIBIT A Storm Water Improvements Wetland 639W Storm Water Pond 12-002 Storm Water Pond 12-003 Storm Water Pond 12-004 Storm Water Pond 12-005 Storm Water Pond 18-001 x 8torm Water Pond 46-001 Storm Water Pond 50-001 Storm Water Pond 60-001 Park and Trail Improvements Shingle Creek Trail Improvements Arboretum Park South Parking Lot Reconstruction West Central Park Trail Improvements Northport Tennis Court Resurfacing West Palmer Park Tennis Court Resurfacing Riverdale Park Open Picnic Shelter Willow Lane Park Open Picnic Shelter Firehouse Park Trail Improvements P rk Trail Im rovements K lawn a Y P West Palmer Park Improvements Evergreen Park Fence and Tennis Court Reconstruction Evergreen Athletic Field Lighting Replacement Northport Park Building Baseball Backstop Replacements Central Park Tennis Court Resurfacing Willow Lane Park Trail Improvements Baseball Fence Replacement Freeway Park Trail Improvements Lions Park Trail Improvements k Trail Im rovements Evergreen Par p Brooklyn Boulevard City Entrance Signs 69�' Avenue Greenway Fence Rehabilitation West River Road Trail Improvements Central Park East Trai1 Improvements Play Ground Equipment Replacement Palmer Lake Trail Mill and Overlay Project Summary 2�09 Capital Improvement Program 1� EXHIBIT A Aldrich Neighborhood Improvements The Aldrich Nei hborhood ro'ect area extends from Du ont L Avenue to Interstate 94 and from 59�' Avenue to 57�' Avenue. z The project area contains a total of 8,010 linear feet of local streets. The neighborhood consists of approximately 103 residential properties. A Streets The majority of the streets in the project azea were originally constructed in 1968 through 1969. Existing streets are generally 30 feet wide with no curb and gutter. The street pavement is deteriorated throughout most of the neighborhood g due to the age of the pavement and inadequate drainage. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and full depth replacement of bituminous street pavement. Water main The existing water main in the Aldrich Neighborhood area consists of 6-inch, 8-inch and 10-inch diameter cast iron pipe throughout the project area and 24-inch diameter steel water main along 59� Avenue. A majority of the existing cast iron waterman was installed between 1964 and 1968 and is believed to have an internal lining. New segments of 8-inch diameter water main and sanitary sewer were installed on the southern part of Camden Avenue as part of the 1996-06 project. A condition survey must be conducted far the existing water system in the neighborhood to determine the extent of corrosion. Water records indicate one rnain break has occurred within the neighborhood. The water main is in fair condition based on current maintenance records. The current project cost estimate includes replacement of watermain along Aldrich, Bryant and Camden Avenues due to isolated areas of corrosion or as necessary to allow for the replacement of sanitary sewer and trunk storm sewer within the neighborhood. 5anitary Sewer The existin sani sewer consists of 8-inch diameter vitrified clay pipe lateral sewers along local b �'Y streets and a 12-inch diameter reinforced concrete trunk sewer along the Xcel easement between 57`� I Avenue and 58�` Avenue. These sewers were originally installed between 1959 and 1962. Approximately 75 percent of the sanitary sewer is subjected to problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair to poor. The current project cost estimate includes replacement of approximately 50 percent of the 8-inch diameter sanitary sewer. The sanitary sewer located along Camden Avenue must be lowered to facilitate the installation of a new trunk storm sewer between 57�' and 59�' Avenues. Storm Sewer A substantial portion of the southeastern section of the city drains through two trunk storm sewers located along 59�' Avenue and along the west side of Interstate 94. These trunk storm sewers, installed in 1952, are under-sized and do not provide suff'icient capacity to convey storm water runoff through the neighborhood and under Interstate 94. The installation of new trunk storm sewers along Camden Avenue, 59�' Avenue and under I-94 is necessary to prevent local flooding. The current project cost estimate includes the replacement of storm sewer throughout the project area, boring a new trunk storm line under Interstate 94 and installation of two precast water quality treatrnent devises. A deta.iled description of the proposed storm drainage improvements are further described in a feasibility report titled "59`� Avenue Trunk Storm Sewer Improvements" prepared by Bonestroo Associates in 2006. Project Summary 2009 Capital Improvement Program 11 EXHIBIT A Shingle Creek Parkway and 69 Avenue Street Improvements i 5=�-= @@1H..AVE N __a� I q o I j ,,sg q�.. Z.... ..'R=__.. O n �3 1 u t i r' r �NTERST�}� r r��_ The Shingle Creek Parkway and 69` Avenue project area extends from Brooklyn Blvd to Shingle Creek Pkwy along 69�' Avenue and from 69�' Avenue to the Shingle Creek Bridge along Shingle Creek Pkwy. The project area contains a total of 5,692 linear feet of local streets. Streets This segment of roadway is designated as a Municipal State Aid Route. 69`�' Avenue was reconstructed in I 1993. Shingle Creek Pkwy was most recently reconstrueted in 1995. Existing streets are generally 7-0 to 85 feet wide with concrete curb and gutter and raised concrete medians. The street pavement exhibits a moderate rate of deterioration due to higher volumes of traffic. The current cost estimate assumes street improvements that consist of approximately 25 percent curb replacement, 10 percent sidewalk replacement, 25 ercent concrete apron replacement, a 2-inch mill and overlay of the bituminous t� pavement on 69 Avenue between Brooklyn Blvd and Drew Avenue and full depth pavement replacement on the remainder of the project. Water main The existing water main in the Shingle Creek Pkwy and 69'�' Avenue project area consists of 10-inch, 16- inch and 18-inch diameter cast iron pipe (CIP) installed between 1956 and 1969. A second 16-inch diameter ductile iron pipe water main was installed on 69�' Avenue in 1993 when the road was reconsh The water main is in good condition based on current maintenance records. The current project cost estimate includes no water main replacement. Sanitary Sewer The existing sanitary sewer along 69�' Avenue consists of 8-inch and 18-inch diameter poly vinyl chloride (PVC) pipe installed in 1993. The existing sanitary sewer on Shingle Creek Pkwy consists of 10-inch diameter vitrified clay pipe installed in 1969. The condition of the sanitary sewer system within the neighborhood is rated as good. The current project cost estimate includes no sanitary sewer replacement. Storm Sewer The storm sewer on 69`� Avenue consists of 12-inch to 27-inch diameter reinforced conerete pipe that drains to Palmer Lake. This storm sewer was installed in 1956 and 1993. The storm sewer on Shingle Creek Pkwy consists of 12-inch to 48-inch diameter reinforced concrete pipe that drains to Shingle Creek. This storm sewer was installed in 1969. The condition of the storm sewer within the neighborhood is rated as good. The current project cost estimate includes replacing storm structure castings and isolated portions of lateral storm sewer as necessary. Project Summary 2009 Capital Improvement Program 12 EXHIBIT A Humboldt Avenue South Improvements The Humboldt Avenue South project area extends from 53 Avenue to 57�' Avenue. The total project length is approximately 2,660 linear feet. The 5 R neighborhood consists of approximately 56 residential properties. i Streets This segment of roadwa}L- is a He��epin County Roadway.-- Humboldt Avenue was originally constructed between 1966 and 1969. Existing streets I are generally 36 feet wide with no curb and gutter. The street pavement is x x x deteriorated due to the age of the pavement and inadequate drainage. This ro'ect is included in the Ci s CIP due to a otential cost sharui a eement P J tY P rll g gt' for the street and drainage improvements and funding for water main and sanitary sewer improvements as described below. Water main The existing water main in the Humboldt Avenue South project area consists of 6-inch diameter cast iron pipe (CIl') installed in 1966. A condition survey must be conducted for the existing water system in the project area to �'TM determine the extent of corrosion. The water main is in fair condition based on current maintenance recards. The current project cost estimate assumes that water_main will be replaced between 53` and 55�' Avenues to coincide_ with sanitary sewer replacement. RTM AYE 7! Sanitary Sewer The existing sanitary sewer consists of 8-inch diameter vitrified clay �ipe lateral sewers. These sewers were originally iristalled in 1952. Sanitary sewer between 53` and 55 Avenues is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system includes re lacement of sani sewer between conveyance capacity. The current project cost estimate p �'y 53 and 55�' Avenues. Storm Sewer The storm sewer on Humboldt Avenue consists of 18-inch diameter corrugated metal pipe that drains to a trunk line along 55�` Avenue. This storm sewer was installed in 1952. The current project cost estimate includes replacing 100 percent of the storm sewer. The cost estimate assumes that Brooklyn Center may contribute to a portion of the storm drainage cost for the project. i Project Summary 2009 Capital Improvement Program 13 EXHIBIT A Dupont Avenue Neighborhood Improvements The Dupont Avenue Neighborhood project area extends from 73` Avenue to 57�' Avenue. The total project length is 10,007 feet. The neighborhood consists of approximately 140 residential properties and the Brooklyn Center High School properly and one city parcel. ,r Str�ets The entire length of the project area is designated as a Minnesota State Aid Route. The majority of the streets in the project area were originally constructed between 1963 and 1968. The existing street between 57�' Avenue and 67�' Avenue is 42 feet wide with concrete curb and gutter.. The existing street between 67` Avenue and 73` Avenue are 30 feet wide with no curb and gutter. The overall pavement condition �L rating is fair to poor. Proposed street improvements consist of the reconstruction of a the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement between 59 Avenue and Lilac Drive N and between +�m 67`� Avenue and 73 Avenue. Proposed improvements for the remaining areas include 20 percent curb replacement, 10 percent sidewalk replacement and installation .on new street pavement. Water main The existing water main in the south portion of the project area is 6-inch diameter cast iron pipe installed in 1968 and 1969. Dupont Avenue between Interstate 94 and 69�' Avenue contains a 30-inch steel water main installed in 1963. The water main between 69�` Avenue and 73 Avenue consists of 6-inch and 12-inch cast iron pipe installed in 1961 and 1962. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not been thoroughly documented at this time. However, there is a history of water main breaks along Dupont Avenue between 69`� and 73rd. The current project estimate includes complete water main replacement between 59'�' Avenue and Lilac Drive N and between 67�' Avenue and 73` Avenue. No water main replacement is anticipated in the remaining areas. Sanitary Sewer The sanitary sewer in the project area consists of 8-inch diameter vitrified clay pipe (VCP) installed in 1960, 1961 and 1967. Approximately 25 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair. The current project cost estimate includes 100 percent sanitary.sewer replacement between 57�` Avenue and Lilac Drive N and between 67�' Avenue and 73 Avenue. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the existing trunk storm sewer lines flowing to the Mississippi River. These trunk storm lines area located on 70�' Avenue, 65�' Avenue, 59�' Avenue and 57�` Avenue. The current project cost estimate includes 100 percent storm sewer replacement between 57�' Avenue and Lilac Drive N and between 67�` Avenue and 73` Avenue. The cost estimate also includes the replacement of approximately 5 catch basins and approximately 700 feet of smaller diameter lateral storm pipe in the remaining azeas. Project Summary 2009 Capital Improvement Program 14 EXHIBIT A Twin Lake North Improvements The north portion of the Twin Lake North project area extends �✓b from County Road 10 to 55� Ave, and from Admiral Lane to Brooklyn Blvd. The south portion of the project area extends from 53` Ave. to 50`� Ave., and from East Twin Lake Blvd to Highway 100. The total project length is 15,745 feet The nei borhood consi�ts sf a roximatel 209 resid�ntial i PP Y i a_ properties (Rl and R4) and 4 commercial properties (C 1). s Streets Sl Avenue east of Brooklyn Blvd is a designated Municipal State Aid Route. The majority of the streets in the project area were originally constructed in 1965 and 1967. E�sting streets f are generally 30 feet wide with no curb and gutter. The service road along Brooklyn Boulevard is currently 25 feet wide. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is fair to M poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The existing water main in the north portion of the project area is 6-inch diameter cast iron pipe installed in 1965. The south portion of the project area contains 6-inch and 8-inch diameter cast iron pipe installed m 1966 and 1967. A ma�ority of the existing water mam is believed to have a cement based internal liner. The corrosion rate within the project area has not been thoroughly documented at this time. However, there is a history of water main breaks along East Twin Lake Blvd. and Great View Avenue. The current project estimate assumes complete replacement of the water main within the project area. Sanitary Sewer The sanitary sewer in the north portion of the project area consists of 8-inch diameter vitrified clay pipe (VCP) installed in 1956 and 1958. The south portion of the project area contains 8-inch diameter VCP installed in 1958 and 1960. Approximately 75 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as poor. Complete replacement of all sanitary sewer pipes and access structures are proposed as part of the project. Further investigation of the sewer line within Brooklyn Boulevard .is necessary to determine if cured-in-place pipe rehabilitation is necessary or warranted. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the regional storm water treatment facility in Centerbrook Golf Course. Runoff from the portion of the project area south of 53` Avenue and West of France Avenue is conveyed to Twin Lake. A i n he existin storm sewer s stem within the ro'ect area could be salva ed, althou h it is ort o of t p g g P g Y anticipated that expansion of the system and higher capacity will be needed to minimize local flooding. The current project cost estimate assumes complete replacement of the storm sewer system as part of the t stimate includes an in-line treatment device to m nts. The current cos e scheduled neighborhood improve e remove sediment prior to discharging runoff into Twin Lake. Pro'ect Summ l 2009 Capital Improvement Program I 15 EXHIBIT A Logan Neighborhood Improvements The Logan Neighborhood project area extends from Logan Avenue to A N Humboldt Avenue and from 73 Avenue to 69�' Avenue. The project area includes a total of approximately 12,321 feet of local streets. The neighborhood consists of approximately 210 single family residential E properties (Rl) and 1 multi-family residential property (RS). Streets a Y Z The majority of the streets in the project area were originally constructed in 1962 through 1969. Existing streets are generally 30 feet wide with no x r" curb and gutter. Poor surface drainage and low stability subgrade material has resulted in deteriorated pavement throughout the neighborhood. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main Existing water main in the Logan Neighborhood area consists of 6-inch 4 89TN N 5 4 and 10-inch diameter cast iron pipe installed between 1960 and 1969. Higher corrosion rates have been noted within a majority of the project area. Water records indicate thirteen main breaks-have occurred within the area. Several isolation valves have also failed within the projecY area. Complete water main replacement within the project area is scheduled. Sanitary Sewer Existing sanitary sewer within the neighborhood consists of 8-inch and 10-inch diameter vitrified clay pipe origmally mstalled m 1960 and 1965. A short segment of sanitary sewer along Irving Avenue was installed in 1978. Approximately 30 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. A televising inspection is necessary to determine the eattent of sanitary sewer replacement is justified. The current project cost estimate includes the replacement of 50 percent of the sanitary sewer pipes and access structures within the neighborhood. The cost estimate also includes cured-in-place pipe rehabilitation for the 10-inch diameter sanitary sewer extending along 71 Avenue from Logan Avenue to Humboldt Avenue. The actual cost may need to be adjusted upon completion of a condition survey. Storm Sewer The existing storm sewer in the project area ranges in size from 18-inch to 33-inch diameter reinforced concrete pipe. The project area contains one trunk storm line running through an easement from 73` Avenue to 71 Avenue, then flowing east to Humboldt Avenue. The current project cost estimate assumes that an expansion and replacement of a vast majority of the storm sewer system will be necessary as part of the scheduled neighbarhood improvements. The current estimate does not include replacement of the trunk storm sewer noted above. Project Summary 2009 Capital Improvement Program 16 EXHIBIT A Unity Avenue Improvements The Unity Avenue project area extends from the north city limits to 69 I Avenue. The total project length is 2,786 feet. The neighborhood consists of approximately 100 residential properties,(R3). 0 Streets The �Jnity Avenue v�as ocigi�&l�y constructed in 1978. -T�ie--existim� street is 30 feet wide with concrete curb and gutter. The overall pavement condition rating is fair. Private streets adjacent to Unity Avenue, such as 71 72 a and 73` Circle, are not included as part of the project. Proposed street improvements consist of the reconstruction of the of bituminous street pavement and replacement of concrete curb as necessary based on the extent of water main replacement on the west side of Unity Avenue. Water main The existing water main in the project area is 8-inch and 10-inch diameter ductile iron pipe installed in 1977 and 1978. The corrosion rate within the project area has not been thoroughly documented at this time. The Public Utility Division will excavate and inspect various ti fittings to determine the extent of water main replacement that is warranted. Water records indicate that two main breaks have occurred within the neighborhood. Elevated corrosion rates have been documented within this segment of watermain. The current project estimate includes replacement of water main along Unity Avenue. Sanitary Sewer The sanitary sewer in the north portion of the project area consists of 8-inch and 10-inch diameter poly vinyl chloride (PVC) pipe installed in 1977. The condition of the sanitary sewer system within the neighborhood is rated as good. The current project estimate includes replacement sanitaty sewer castings only. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the storm water ponds surrounding Unity Avenue. The existing storm sewer in the project area consists of 15-inch to 24-inch diameter reinforced concrete pipe installed in 1978. The current project cost estimate includes replacing storm structure castings and isolated portions of lateral storm sewer as necessary. Project Summary 2009 Capital Improvement Program 17 EXHIBIT A East Palmer Lake Neighborhood Improvements The East Palmer Lake Neighborhood project area extends from Penn x 1aD Af� N Avenue to Morgan Avenue and from 69th Avenue to 73` Avenue. The project area includes a total of approximately 10,460 feet of local streets. The neighborhood consists of approximately 169 single family residential properties. m s I Streets The majority of the streets in the project area were originally constructed between 1962 and 1969. Existing streets are generally 30 feet wide with no curb and gutter. Poor surface drainage and low stability subgrade material has resulted in deteriorated avement throu out the nei borhood. x P P� w Proposed street improvements consist of the reconstruction of the street subgade, installation of curb and gutter to improve drainage and placement TOHAVdN of bituminous street pavement. Water main Existing water main in the East Palmer Lake Neighborhood area consists of 6-inch diameter cast iron pipe installed between 1960 and 1969. Water M records indicate that no water main breaks have occurred within the project area. Th� Public Utility Division will excavate and inspect various fittings to determine_ the eartent of water main replacement that is warranted. The replacement of approximately 50 percent of the water main within the project area is currently included in the project cost estimate to facilitate replacement of sanitary sewer as noted below. Sanitary Sewer Existing sanitary sewer within the neighborhood consists of 8-inch and 10-ineh diameter vitrified clay pipe originally installed in 1960 and 1965. Approximately 30 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. A televising inspection is necessary to determine the extent of sanitary sewer replacement is justified. An estimated 50 percent of the sewer system is in poor condition. The current project cost estimate assumes replacement of 50 percent of the sanitary sewer pipes and access structures. The actual cost may be reduced upon completion of a condition survey. Storm Sewer The existing storm sewer ranges in size from 15-inch to 21-inch diameter reinforced concrete pipe. The project area contains three small storm sewer lines that run to Palmer Lake. Much of the small diameter storm sewer must be reconfigured to reduce local flooding and preserve street pavement. The current cost estimate assumes replacement of all storm sewer in the project area. Project Summary 2009 Capital Improvement Program 18 EXHIBIT A Kylawn Park Neighborhood Improvements The north portion of the Kylawn Park Neighborhood project area extends from County Road 10 to 61� Ave, and from June Ave to Brooklyn Blvd. The south portion of the project area includes 58'� Place and Major Ave. The total project length is 15,311--�ee�---The- ne�ghborhood consists of approximately 279 residential properties (Rl and R4) and 1 commercial property ccl>. Streets �I�--� June Avenue from County Road 10 to 61 S Avenue is designated as a Municipal State Aid Route. The f majority of the streets in the project area were originally constructed in 1965 and 1968. Existing streets are genera11y30 feet wide with no curb and gutter. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bifuminous street pavement. Water main The existing water main on June Avenue is 8-inch diameter cast iron pipe installed in 1955. The remaining project area consists of 6-inch cast iron pipe installed between 1963 and 1966. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not been thoroughly documented at this time. Water records indicate that three main breaks have occurred within the neighborhood. In general, cast iron water main is highly vulnerable to leaks and breaks when disturbed by replacement of adjacent sanitary sewer as noted below. T'he current project estimate includes complete replacement of water main within the project area to facilitate the replacement of sanitary sewer as noted below. Sanitary Sewer The sanitary sewer along Major Avenue consists for 8-inch diameter vitrified clay pipe (VCP) installed in 1967. The remaining project area contains 8-inch and 10-inch diameter vitrified clay pipe installed between 1956 and 1959. Approximately 90 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighbarhood is rated as poor. Complete replacement of all sanitary sewer pipes and access structures are proposed as part of the project. Storm Sewer The storm water runoff from the southeast portion of the project area is collected in the existing storm sewer system and conveyed to the regional storm water treatment facility in Centerbrook Golf Course. Runoff from the southwest portion of the project area is conveyed to the Northport Park storm water pond. Expansion of the storm system and increased conveyance capacity is needed to minimize local flooding. The current project cost estimate assumes complete replacement of the storm sewer system as part of the neighbarhood improvements. Project Summary 2009 Capital Improvement Program 19 EXHIBIT A Wangstad Park Neighborhood Improvements ,w�u��� ,��w� The Wangstad Park Neighborhood extends from °�R° Noble Ave. to Brookl n Blvd and from 63 Ave. y g l to 61 Ave. The total project length is 15,884 feet. The neighborhood consists of approximately 257 residential properties (Rl and R4) and 6 N comrnercia� properties (C l �r t 6151 Streets =�n June Avenue from 61 to 63 is a designated Municipal State Aid Route. The majority of the streets in the project area were originally constructed between 1966 and 1968. Existing streets are generally 30 feet wide with no curb and gutter. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The existing water main in the project area is 6-inch and 8-inch diameter cast iron pipe 'installed in 1955 and between 1960 and 1969. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not been thoroughly documented at this time. Water records indicate that three main breaks have occurred within the neighborhood. In general, cast iron water main is highly vulnerable to leaks and breaks when disturbed by replacement of adjacent sanitary sewer as noted below. The current project estimate includes replacement of the water main within the project area to facilitate the replacement of sanitary sewer as noted below. Sanitary Sewer The sanitary sewer the project area consists of 8-inch diameter vitrified clay pipe (VCP) installed between 1956 and 1960. Approximately 85 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as poor. Complete replacement of all sanitary sewer pipes and access structures are proposed as part of the project. Storm Sewer The Wangstad Park Neighborhood has only one short stretch of storm sewer on 61 Avenue. An expansion of the storm drainage system within the project area is necessary to reduce local flooding and preserve street pavement. The existing storm sewer in the project area flows from France Avenue. to Brooklyn Blvd. The pipe size and material are unknown. The cost estimate for this project area assumes new storm sewer installation in the entire project area. Project Summary 2009 Capital Improvement Program 20 EXHIBIT A 63 Avenue Improvements u�' z The 63�' Avenue project area extends from the west City Limits to Brooklyn Boulevard. The project area contains a total of 5,709 linear feet of local streets. The neighborhood consists of approximately SS residential properties (Rl to R4) and 1 commercial zoned property (C2). Streets This segment of roadway is designated a Municipal State Aid Route. 63` Avenue was originally constructed in 1965. The existing street is 43 feet wide with concrete curb and gutter. Proposed street improvements consist of the replacement of curb and gutter to improve drainage, full depth replacement of bituminous street pavement and complete sidewalk replacement. Water main The existing water main in the 63 Avenue project area consists of 6-inch and 10-inch diameter cast iron pipe (CIP) installed between 1956 and 1958. A condition survey must be conducted for the existing water ,system in the project area to determine the extent of corrosion. Water records__indicate three main breaks have occurred within the project corridor. The water main is in fair condition based on current maintenance records. The current project cost estimate includes replacement of approximately 20 percent water main and miscellaneous hydrants as necessary in the project area. Sanitary Sewer The existing sanitary sewer consists of 8-inch diameter vitrified clay pipe lateral sewers. These sewers were originally installed between 1956 and 1960. Approximately 35 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair. The current project cost estimate includes cast-in-place pipe (CIPP) in 35 percent of the sanitary sewer. Storm Sewer 63` Avenue contains two storm drainage systems. The first drainage system consists of 12-inch and 15- inch diameter reinforced concrete pipe. This system flows to Orchard Avenue and then to the storm drainage pond in Cahlander Park. The second storm system ranges from 18-inch to 36-inch reinforced concrete pipe. This system drains to Brooklyn Boulevard and then to Shingle Creek. The current project cost estimate includes replacing a majority of catch basin structures, castings and various pipe laterals. Project Summary x 2009 Capital Improvement Program 21 EXHIBIT A Freeway Park Neighborhood Improvements AK M The Freeway Park Neighborhood project area extends from Grimes Ave to Xerxes Ave and from 69�' Ave to Interstate 94. The project area includes a total of approximately 12,869 feet of 0, local streets. The neighborhood consists of approximately 21 b residential properties. Streets The majority of the streets in the project area were lN7ERSTATE 9� originally constructed between 1967 and 1968. Existing streets are generally 30 feet wide with no curb and gutter. Poor surface drainage and low stability subgrade material has resulted in deteriorated pavement throughout the neighborhood. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main Existing water main in the Freeway Park Neighborhood consists of 6-inch diameter cast iron pipe installed between 1956 and 1960. Existing water main along France Ave. consists of 16-inch cast iron p�ne installed in 1956. This water main is trunk feeder from Water Tower No. 1 on tl�e corner of 69`�' Avenue. and France Avenue. Higher corrosion rates have been noted within a majority of the project area. Water records indicate thirteen main breaks have occurred within the area. The current cost estimate assumes 100 percent of the water main in the project area will be replaced. Sanitary Sewer Existing sanitary sewer within the neighborhood consists of 8-inch diameter vitrified clay pipe originally installed between 1956 and 1961. A sanitary sewer trunk line consisting of 21-inch diameter corrugated metal pipe runs along Ewing Avenue, 68�' Avenue. and Drew Avenue. A cured-in-place liner was installed along the 21-inch diameter trunk sanitary sewer as part of project 1995-11. This portion of the sanitary sewer collection system is not proposed to be replaced with the project. Approaumately 50 percent of the remaining sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. At least 50 percent of the sewer system is in poor condition. Replacement of the 8-inch diameter sanitary sewer pipes and access structures are proposed as part of the project. Storm Sewer The Freeway Park improvement area consists of five small diameter storm sewer lines draining to 69�' Avenue and Interstate 94. The existing storm sewer ranges in size from 12-inch to 21-inch diameter reinforced concrete pipe. The current cost estimate assumes replacement of the storm sewer in the improvement area to increase conveyance capacity and minimize local flooding during larger storm events. Project Summary 2009 Capital Improvement Program 22 EXHIBIT A Freeway Boulevard West Improvements The Freeway Blvd West project area extends from Xe�es Avenue. to the Shingle Creek Bridge. The project area contains a total of 2,826 linear feet of local streets. The neighborhood consists of approximately 9 commerciaUindustrial properties. Streets This segment of roadway is designated as a Municipal State Aid Route. Freeway Blvd was ariginally �J constructed in 1974. The existing street is generally 1 4 5 feet wi de wit h concrete cur b an d gutter. T he s tree t pavement e�ibits a moderate rate of deteriorated due to higher volumes of traffia The current cost estimate assumes street improvements that consist of approximately 15 percent curb replacement, 10 percent sidewalk replacement, 25 percent concrete apron replacement and a 2%2 -inch mill and overlay of the bituminous pavement. Water main The existing water main in the Freeway Blvd West project area consists of 12-inch diameter cast iron pipe installed in 1974. The water main is in good condition based on current maintenance records. The current project cost estimate includes no water main replacement. Sanitary Sewer The existing sanitary sewer along the wesf half of the project area consists of 15-inch diameter reinforced concrete pipe installed in 1996. The existing sanitary sewer on the east half of the project area consists of 8-inch diameter vitrified clay pipe installed in 1974. The condition of the sanitary sewer system within the neighborhood is rated as good. The current project cost estimate includes no sanitary sewer replacement. Storm Sewer The storm sewer on Freeway Blvd consists of 12-inch to 30-inch diameter reinforced concrete pipe that drains to Shingle Creek. This storm sewer was installed in 1974. The current project cost estimate includes replacing structure castings and isolated pipe laterals as necessary within the project area. Project Summary 2009 Capital Improvement Program 23 EXHIBIT A Vincent Neighborhood Improvements The Vincent Neighborhood project area extends from the Centerbrook Golf Course to 53 Avenue and from Highway N�� DR 100 to Vincent Avenue. The total project length is 1,616 feet. The neighborhood consists of approximately 15 residential 53RD AV N properties. 1 z z w Streets a The majority of the streets in the project area were originally H a constructed in 1956. Existing streets are generally 30 feet �fW wide with no curb and gutter. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The existing water main in the project area consists of 6-inch diameter cast iron pipe installed in 1973 and 12-inch and 16-inch diameter steel water main installed in 1965. A majority of the existing water main is believed to have a cement based internal liner. Water records indicate one main break has occurred �Tithin the neighborhood. The current proje�t estimate includes replacement of the 6-inch diameter cast iron water main within the project area. Sanitary Sewer The sanitary sewer in the project area consists of 9-inch diameter vitrified clay pipe (VCP) installed in 1954. The sanitary sewer in the project area extends along back property lines north of 53 Avenue then runs south along Vincent Avenue. The entire sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as poor. The current project estimate includes replacement of the sanitary sewer along Vincent Avenue and cured-in- place rehabilitation of the sanitary sewer along the rear yards. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system ra i n of new storm sewer in the south of 53 Avenue. The current ro'ect cost estimate assumes installat o P J neighborhood due to the need to increased capacity of local storm sewers and address minor local floodin issues. g Project Summary 2009 Capital Improvement Program 24 EXHIBIT A Palmer Lake West Improvements The Palmer Lake West Neighborhood project area extends from the north City limits to 69�' Ave. and from France Ave. to West Palmer Lake Dr. The total project length is 11,621 feet. The neighborhood consists of approximately 198 residential properties. N __Streets__._ The majority of the streets in the project area were originally constructed in 1956 and 1957. Eausting streets are generally 30 feet wide with no curb and gutter. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. wnr,xsH r� r�� Water main The existing water main is 6-inch diameter cast iron pipe installed in 1956 and 1957. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not been thoroughly documented at this time. However, the project area has a history of water main breaks along West Palmer Lake Dr., Ewing Ave. and Woodbine Lane. Water records indicate seven main breaks have occurred yvithin the area. The current project estimate includes com�l�te water main replacement. Sanitary Sewer The sanitary sewer in the project area consists of 8-inch diameter vitrified clay pipe (VCP) installed in 1956 and 1957. Lift Station No. 3 is located in the pro�ect area on West Palmer Lake Drive. The lift station was reconstructed in 1982, the force main was replaced in 1992, and the control cabinet was replaced in 2003. Approximately 75 percent of the sanitary sewer in the project area is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as poor. Complete replacement of all sanitary sewer pipes and access structures are proposed as part of the project. Storm Sewer An expansion of the storm drainage system within the project area is necessary to reduce local flooding and preserve street pavement. A majority of the storm water runoff from the project area is collected in the existirig storm sewer system and conveyed to a regional storm water management pond adjacent to Palmer Lake. A trunk storm sewer line extends along back property lines north of Urban Ave. This line consists of 54-inch diameter reinforced concrete pipe installed in 1956. Expansion of the existing storm sewer system and higher capacity will be needed to minimize local flooding. The current project cost estimate assumes reconstruction of the existing storm sewer system within the street right-of-way, but does not include the replacement of the 54-inch diameter trunk storm sewer within the rear yards. Project Summary 2009 Capital Improvement Program 25 EXHIBIT A Evergreen Park Neighborhood Improvements The Evergreen Park Neighborhood project area extends y from Humboldt Ave. to State Highway 252 and from 69�' Ave. to 73` Ave. Dupont Ave. is not included in the t.� project area. The total project length is 16,996 feet. The neighborhood consists of approximately 214 residential propefl (R1 to RS). Streets 70�' Avenue is designated as a Municipal Sta.te Aid Route. lOiN AK N r The majority of the streets in the project area were Y originally constructed between 1963 and 1966. Existing streets are generally 30 feet wide with no curb and gutter. 70'� Ave. from Dupont to Hwy 252 has concrete curb and gutter and ranges in size from 30 to 65 feet wide. 70�' Ave. was constructed in 1982. The street pavement is deteriorated throughout most of the neighbarhood. The overall pavement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The Evergreen project area contains a complex water main system. This area contains five municipal wells and one water tower. The existing water main ranges in size from 6-inch diameter cast iron pipe to 30-inch ductile iron pipe. The main line water main in the residential areas generally consists of 6-inch cast iron pipe installed between 1961 and 1965. A majority of the existing water main is believed to have a cement based internal liner. There is a history of water main breaks along 72 Ave., Woodbine Lane and Camden Ave. Water records indicate twenty main breaks have occurred within the neighborhood. The project design process must include a detailed hydraulics study using the City's water distribution computer model to determine any warranted modifications to water main sizes and configuration. The current project estimate assumes replacement of the older cast iron water main. Sanitary Sewer The sanitary sewer in the project area consists of 8-inch diameter vitrified clay pipe (VCP� installed in 1961 and 15-inch reinforced concrete pipe installed in 1960. The south portion of the project area contains 8-inch diameter VCP installed in the 1958 and 1960. Approximately 25 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewe,r system within the neighborhood is rated as fair. The current cost estimate includes 50 percent replacement of the sanitary sewer. Storm 5ewer A majority of the storm water runoff from the project azea is collected in the existing storm sewer system and conveyed to the Mississippi River. Emerson Ave., Bryant Ave. and Camden Ave. have storm drainage systems that flow to 70�' Ave. and then to the Mississippi River. The trunk line on 70'� Ave. consists of pipe ranging in size from 42-inch to 66-inch reinforced concrete pipe installed in 1960. The current project cost estimate assumes complete reconstruction of the existing storm system in the project area. The condition of the trunk storm sewer pipe along 70�' Avenue must be evaluated to determine the remaining service life. The project estimate includes construction of a stormwater pond located to the north of 70`� Avenue and east of Camden Avenue to treat regional storm water runoff prior to discharging to the Mississippi River. Project Summary 2009 Capital Improvement Program 26 EXHIBIT A Firehouse Park Neighborhood Improvements Th�e Firehouse Park Neighborhood project area extends from f��y i 69 Avenue to Interstate 94 and from Humboldt Avenue to y� y� �a Highway 252. Dupont Avenue and 65 Avenue are not m 1 m the r ect area. The total ro ect len h is c uded o P J P J R i 21 feet. The neighborhood consists-of app�oacimately 305 single family residential properties (Rl) and 14 multi- 1 famil ro erties R4 and R5 YP P m r. Streets 67�' Avenue is designated as a Municipal State Aid Route. i J The majority of the streets in the project area were originally constructed between 1964 and 1967. Existing streets are generally 30 feet wide with no curb and gutter. The street I pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is poor. Proposed street improvements consist of the reconstruction of the street subgrade, insta llation of curb and g-�� ���MTER57A7F 91 F� c�� gutter to improve drainage and placement of bituminous str�et pavement. Water main The existing water main in_the project area is 6-inch and 8-inch diameter cast iron pipe installed between 1961 and 1969. In 1974, a 16-inch diameter ductile iron water main was installed along 64�' Ave. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not been thoroughly documented at this time. The current project estimate includes replacement of approximately 50 percent of the water main within the project area. The estimated water main costs will need to be refined by conducting further field inspections. Sanitary Sewer The sanitary sewer in the north portion of the project area consists of 8-inch diameter vitrified clay pipe (VCP) installed between 1961 and 1968 and between 1971 and1974. Approximately 25 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair. The current project estimate includes replacement of approximately 50 percent of sanitary sewer pipes and access structures. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the trunk storm sewer line on 65�' Avenue, and then to the Mississippi River. Runoff from the portion of the project area north of 68�' Avenue is conveyed to the trunk storm sewer line on 69�' Avenue. The current project cost assumes reconstruction and expansion of the residential storm sewer system, but does not include replacement of the trunk storm sewer along 65�' and 69�' Avenues. i Project Summary 2009 Capital Improvement Program 2� EXHIBIT A Interstate Neighborhood Improvements The Interstate Neighborhood project area extends from Interstate 94 to 59`� k Avenue and from Dupont Avenue to Lyndale Avenue. The total project length is 14,821 feet. The neighborhood consists of approximately 214 residential properties (Rl). 1.� Streets _.T The majority of the streets in the project area were originally constructed in 1968 and 1969. Existing streets are generally 30 feet wide with concrete curb and gutter. The street pavement is showing signs of distress throughout most of the neighborhood. Proposed street improvements consist of the replacement of curb and gutter as necessary and placement of bituminous street pavement. Water main The existing water main in the project area consists of 6-inch and 8-inch diameter cast iron pipe installed in 1969. Colfax Avenue contains a 24-inch steel water main installed in 1964. A majority of the existing water main is believed to have a cement based internal liner. There is no history of water main breaks in the project area. In 2019, the water main system will be in service for 50 to 55 years. Cast iron water main is highly vulnerable to leaks and breaks when disturbed by replacement of adjacent sanitary sewer. The e�irrent proj�ect estimate assumes complete replacement of the water main to facilitate the s�nitary sewer replacement noted below. Sanitary Sewer The sanitary sewer in the project area consists of 8-inch diameter vitrified clay pipe (VCP) installed in 1960. Approximately 90 percent of the sanitary sewer is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as poor. Complete repiacement of all sanitary sewer pipes and access structnres are proposed as part of the project. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the storm trunk line on 59�' Avenue and then to the Mississippi River. Replacement of the trunk storm sewer along 59`� Avenue and an in-line water quality treatment device is proposed as part of the Aldrich Neighborhood Street and Utility Improvement project. The current project cost estimate assumes complete reconstruction of the storm drainage system within the neighborhood due to the need to increased capacity of local storm sewers and the expansion of the system to address minor local flooding issues. Project Summary 2009 Capital Improvement Program 2g EXHIBIT A Logan, 59 and Lilac Drive Improvements This project area includes Logan Avenue from {l, I 57�' Avenue to Lilac Drive N, 59 from Lilac Drive N to Dupont Avenue and Lilac Dr. N� 1; z w from Logan Avenue to 59�' Avenue. The total orhood 'TI project length is 3,761 feet. The neighb 1 I I r J L 1 f I� J�.l�,�.t ---eons-tsts _of aPproximately 19 resadent�a� y properties (Rl to RS) and 5 commercial zoned properties (C 1 and C2). F-- C�� Streets The entire project area is designated as a i+ i Municipal State Aid Route. The majority of the streets in the project area were originally constructed in 1966. The existing roads are 30 to 35 feet wide. Logan Avenue and Lilac Dr. N have concrete curb and gutter, and 59�' Avenue has no curb. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The existing wat�r main along Logan and Lilac Dr. is 10-inch diameter cast iron pipe install_ed in_ 1965__ and 16-inch diameter cast iron main along 59�' Avenue installed in 1969. A majority of the existing water main is believed to have a cement based internal liner. The corrosion rate within the project area has not been thoroughly documented at this time. Utility records indicate that there has been one water main break along Logan Avenue. However, the Public Utilities Division will need to excavate and inspect various fittings to determine the extent of water main replacement that is warranted. The current project estimate includes replacement of water main along Logan Avenue and Lilac Drive only. Sanitary Sewer The only sanitary sewer in the project area runs along Logan Avenue. This sanitary sewer was lined with cured-in-place pipe (CIPP) in 2005. Manhole casting replacement is the only proposed sanitary sewer improvement for the project. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing trunk line along 59'� Avenue. This line consists of 24" to 36" corrugated metal pipe. A second storm lines runs south along Logan Avenue to 57�` Avenue. This line consists of 21" to 42" RCP installed in 1988. The current project cost estimate assumes replacement of the corrugated metal pipe alone 59�' Avenue as part of the scheduled neighborhood improvements. i Project Summary 2009 Capital Improvement Program 29 EXHIBIT A Grandview Park Neighborhood Improvements The Grandview Park Neighborhood project area extends Interstate 694 to 57�` Avenue and from Logan Avenue to Dupont Avenue. The totai rti� ��j' of pro�ect length is 28,821 feet. The neighborhood consists approximately 345 residential properties (Rl) and 4 multi-family properties (R6). �v_..._.... Streets The majority of the streets in the project area were originally constructed between 1964 and 1969. Existing streets are generally 30 feet wide with no curb and gutter. The street pavement is deteriorated throughout most of the neighborhood. The overall pavement condition rating is fair to poor. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. j J Water main The existing water main in the norkh portion of the project area is 6-inch and 8-inch diameter cast iron pipe installed between 1964 and 1969. A 16-inch steel water main runs along Emerson Avenue from 57�' to 59`�. A majority of the existing water main is believed to have a cement based internal liner. Water records indicate .two main breaks have occurred within the neighborhood. The current project_estimate includes replacement of approximately 50 to 75 percent of the water main within the project area. The 16-inch steel water main along Emerson Avenue potently could be replaced with C900 plastic water main Sanitary Sewer The sanitary sewer in the north portion of the project area consists of 8-inch diameter vitrified clay pipe (VCP) installed in 1960 and 1963. Approximately 50 percent of the sanitary sewer is subjected to frequent problems with root intrusion: Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair to poor. The current project estimate includes replacement of approximately 50 to 75 percent of the sanitary sewer system within the project area. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to the trunk storm sewer line on 59� Avenue and then to the Mississippi River. A portion of the existing storm sewer system within the project area could be salvaged, although it is anticipated that expansion of the system and additional conveyance capacity will be needed to minimize local flooding. The current project cost estimate includes replacement of 75 percent of the local drainage system within the neighborhood. Project Summary 2009 Capital Improvement Program 30 EXHIBIT A Ryan Lake Industrial Park Improvements The Ryan Lake project area includes Lilac Drive N fro 48�' Avenue to the dead end, 48�' Avenue and Dusharm Drive from Drew Avenue to the dead end and 47 Avenue from Drew Avenue to the dead end. The total project length is 1,932 feet. The neighborhood consists a�-�a}�proximately 12 industrial prape�ties a� 3 multi- family properties (RS). 4TTH AYE N Streets y The majority of the streets in the project area were originally constructed in 1958 and 1960. The western portion of 47�' Avenue and Drew Avenue were reconstructed in 2002. The western portion of 48`� Avenue was reconstructed in 2005. The remaining street sections are 25 to 40 feet wide with no curb and gutter. The street pavement is deteriorated and in poor condition. Proposed street improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to improve drainage and placement of bituminous street pavement. Water main The existing water main on Lilac Drive N and 48 Avenue consists of 10-inch diameter cast iron pipe installed in 1958. The water main on 47 Avenue consists.of 6-inch cast iron pipe installed in 1960. The current project estimate assumes complete replacement of the water main in the project area. The cost estimate also includes the cost of jacking new water main under the railroad tracks from Dusharm Drive to 49`� Avenue. Sanitary Sewer The sanitary sewer in the project area consists of 8-inch diameter vitrified clay pipe (VCP) installed in 1960. The sanitary sewer along 47�' Avenue and 48�' Avenue is subjected to frequent problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as fair to poor. Complete replacement of all sanitary sewer pipes and access structures are proposed as part of the project. Storm Sewer A majority of the storm water runoff from the project area is collected in the existing storm sewer system and conveyed to Ryan Lake. Runoff from Lilac Drive is conveyed to storm drainage ditches along Highway 100. T'he current project cost estimate assumes reconstruction of all of the existing storm sewer system. The cost estimate also includes installation of a small storm water management pond at the intersection of 48'�' Avenue and DusharmDrive within City owned property adjacent to Ryan Lake. Project Summary 2009 Capital Improvement Program 31 EXHIBIT A 51 Avenue North Improvements The S l Avenue project area extends from 185 feet south of Oak Street on Twin Lake Blvd E to ��o�`� i;; i i i France Avenue. The total ro'ect len h is 1,171 �p�ER. 0 i�� P J ,�y f e e t. T h e n e i g h b o r h o o d c o n s i s t s o f appro�mately 25 residential properties. Z Z z a Q w a 57 N Z Z 3 The S l Avenue project area was originally �,�--u-1 I I I��4 w constructed in 1990. The existing street is 30 feet wide with concrete curb and gutter. After the T i year 2023 the pavement will have exceeded the expected service cycle. Proposed street c L� �'�4i improvements consist of reconstruction of the �'O� 5or!+ Av� N bituminous street pavement and replacement of the concrete curb and gutter as necessary. T\ Water Main The existing water main in the S ls Avenue project area consists of 8-inch diameter ductile iron pipe installed in 1990. The water main is in good condition based on current maintenance records. Water main repairs should be limited to the.replacement of miscellaneous valve and hydrants based.on current conditions. Sanitary Sewer The sanitary sewer in the S l st Avenue project area consists of 8-inch diameter poly vinyl chloride (PVC) pipe mstalled in 1990. The condition of the sanitary sewer system within the neighborhood is rated as good. The current project estimate includes the replacement on sanitary sewer castings only. Storm Sewer The storm sewer runoff from the 51� Avenue project area is collected in the existing storm sewer system and conveyed to the storm water pond west of S ls` Avenue. The existing storm sewer in the project area consists of 15-inch to 21-inch diameter reinforced concrete pipe installed in 1990. The current project cost estimate includes replacing the storm sewer structure castings and isolated portions of lateral storm sewer as necessary. Project Summary 2009 Capital Improvement Program 32 EXHIBIT A 53 Avenue Neighborhood Improvements rd P J 1 I �--1, 1 C�i -t I� i i i �H r The 53 Avenue ro ect area extends on 53 Avenue from Penn Avenue to 4�' Street N. �a�' The project area also r ;C bQ includes James and Knox het�veen 55�' Auenue and d i �i 1 _i_ g I I r 1 53` Avenue, and 54�' f Avenue between Logan �j i J Avenue and Irvin Avenue. "-J g The project area includes a total of 9,426 feet of local streets. The neighborhood consists of approximately 100 residential properties. Streets 53 Avenue is designated as a Municipal State Aid Route. 53` Avenue is also the border between Brooklyn Center and Minneapolis. The north portion of 53` Avenue is maintained by Brooklyn Center and the south portion is maintained by Minneapolis. The existing streets in the project area are 30 to 32 feet wide with concrete curb and gutter. 53` Avenue was constructed in 1485, and Knox, James and 54�` Avenues were constructed in 1994. Proposed street improvements consist of the reconstruction of the street subgrade, installation new of curb and gutter to improve drainage and placement of bituminous street pavement on_ 53` Avenue. Proposed improvements for the remaining areas consist of new street pavement and replacement of isolated sections of concrete curb and gutter as necessary. Water Main The existing watermain on 53` Avenue is 6-inch diameter cast iron pipe (CIP) installed between 1965 and 1969. The existing watermain in the remainder of the project area is 6-inch diameter ductile iron pipe (DIl') installed in 1994. The corrosion rate within the project area has not been thoroughly documented at this time. The current project estimate includes complete water main replacement on 53 Avenue. No water main replacement is anticipated in the remaining project area. The project cost estimate also includes an emergency connection with Minneapolis if formal inter-communication arrangements can be established for this connection. Brooklyn Center staff will need to contact the Minneapolis Water Utility to discuss this potential emergency connection. Sanitary Sewer The sanitary sewer on 53 Avenue consists of 8-inch and 9-inch diameter vitrified clay pipe (VCP) installed between 1952 and 1959. The sanita sewer in the remainder of the project area consists of 10- rY inch diameter poly vinyl chloride (PVC) installed in 1994. The condition of the sanitary sewer system within the nei hborhood is rated as fair. The current project cost estimate includes sanitary sewer g replacement on 53 Avenue. The remainder of the project area includes the replacement on sanitary sewer castings only. Storm 5ewer The majority of the storm sewer runoff in the project area drains to the trunk storm sewer line on 55�' Avenue and is conveyed to the Mississippi River. The storm sewer on 53` consists of 12-inch diameter to 15-inch diameter reinforce concrete pipe installed between 1952 and 1�979. The storm sewer on the remainder of the project consists of 12-inch diameter to 18-inch diameter reinforced concrete pipe installed in 1994. The current project cost estimate includes replacement of 50 percent of the storm sewer laterals and structure on 53` Avenue. Replacement of storm sewer castings is anticipated in the V remainder of the project area. Project Summary 2009 Capital Improvement Program 33 EXHIBIT A m rovements Lyndale Avenue Neighborhood I p The Lyndale Avenue pro�ect area extents from 57 Avenue to 55�' Avenue and includes the 56`� Avenue p I I I i and 55�` Avenue cul-de-sacs. The current project length is 1,905 feet. The neighbarhood consists of 11 i+ i residential properties (R2 and R4). i�(m 1 �,�5�. .AVf_. awEn Streets The streets in the project area were constructed in 1985. The existing streets area 30 feet wide with concrete curb and gutter. Proposed improvements include 20 percent curb replacement and installation A of new street pavement. Q, l Water Main The existing water main in the project area consists of D� 6-inch diameter ductile iron pipe (DIP) installed in 1978 and 1985. The water main is in good condition `t based on current maintenance records. The current �''T(� project cost estimate includes replacement of N t�, miscellaneous valves and hydrants as necessary. Sanitary Sewer The existing sanitary sewer consists of 24-inch diameter reinfarced concrete pipe installed in 1959. This sanitary sewer line is the main trunk line that carries the sanitary flow from the eastern third of Brooklyn Center to a lift station on Lyndale Avenue south of 55�' Avenue. The condition of the sanitary sewer in the neighborhood is rated fair. The current project cost estimate includes replacement of sanitary services and replacement of sanitary sewer castings. Cured-in-place lining of the trunk sanitary sewer may be necessary based on future televising inspections. Storm Sewer A substantial portion of the southeast section of the city drains through the trunk storm sewer located alon 55�` Avenue. The existin trunk storm sewer line consists of 36-inch diameter reinforced concrete g g pipe installed in 1952. The remainder of the project area consists of 12-inch diameter to 18-inch diameter reinforced pipe installed in 1955 and 1985. The current project cost estimate includes replacing the storm sewer structure castings and isolated portions of lateral storm sewer as necessary. Project Summary 2009 Capital Improvement Program 34 EXHIBIT A Miscellaneous Water Main and Sanitary Sewer Improvements Emergency Bypass for Lift Station No. 6 Lift Station No. 6, located at 3900 Lakebreeze Avenue, receives wastewater flow from a service area of approximately 130 acres within the southwest portion of the city. Wastewater is then pumped into a force main that conveys the flow north from the lift station under the Canadian Pacific Railroad tracks to a Metropolitan Council Environmental Services (MC$S) interceptor extending along 50�' t�venue North Prior to the Trunk Highway 100 improvements at the France Avenue interchange, the city had a casing under the railroad tracks for the purposes of installing an emergency by-pass line from the lift station to the MCES interceptor along SO Avenue. During the TH 100 project, this casing was removed as part of the grade adjustments completed along the railroad tracks. Installation of a temporary by-pass line from the lift station to the interceptor would be very difficult and time consuming now that a casing under the railroad tracks is nat available. In the event of a force main break, wastewater would be discharged into the MnDOT right-of-way and eventually into downstream surface waters until an emergency bypass could be installed. The proposed project consists of installing a new 10-inch diameter casing under the railroad tracks by horizontal directional drilling methods. Access structures would also be placed at both the north end and south end of the casing to allow access for installation of a temporary bypass hose. Centerbrook Golf Course Water Main Improvements Proposed construction includes replacement of the existing 16-inch diameter steel watermain through the Centerbrook Golf Course from Russell Avenue to the Shingle Creek pedestrian bridge. Replacement of an existing 16-inch valve near Water Tower No. 3 is also included in the project. A section of this water main was excavated in 2005 to repair a leak. Further inspection revealed that the timber pilings were partially deteriorated and isolated sections of the exterior coating on the steel water main were beginning to faiL Water Tower No. 1 Painting The 500,000 gallon elevated storage tank located at 69`�' Avenue and France Avenue was last painted in 1999 with complete interior reconditioning and exterior spot repairs. The estimated service life far the paint coating is 15 years. The proposed paint coating improvements consist of interior spot repair and exterior coating replacement. Water Tower No. 2 Painting The one-million gallon elevated storage tank located at 69�' Avenue and Dupont Avenue was last painted in 1997 when spot repairs were completed for the interior coating and the exterior of the structure was painted. The estimated service life for the paint coating is 15 years. The proposed paint coating improvements consist of complete replacement of the interior and exterior paint coatings. Water Tower No. 3 Painting The 1.5 million gallon elevated storage tank located within the Centerbrook Golf Course was last painted in 1998 with completed interior reconditioning and exterior spot repairs. Exterior spot repairs were also completed on the fluted column in 2005 as part of an exterior pressure washing project. The proposed paint coating improvements consist of interior spot repair and exterior coating replacement. Project Summary 2009 Capital Improvement Program 35 EXHIBIT A Storm Water Improvements Wetland 639W The Twin and Ryan Lakes Nutrient TMDL Report and the 2003 Twin Lakes Management Plan identify DNR Wetland 639W as a significant source of phosphorus to the Twin Lakes/Ryan Lake system. These reports indicate that Wetland 639W contains high levels of phosphorous within the sediments that have accumulated from the upstream watershed. Water quality sampling conducted in 2003 indicated that the average total phosphorous concentratio�s double between the inlet and ca�tle� of the wetland. Wetland 639W contributes an estimated 730 pounds of total phosphorous per year into Upper Twin Lake and nearly half of this is in readily available dissolved form. This load represents one of the largest sources of the total phosphorus to Upper Twin Lake. The purpose of this project is to substantially reduce the amount of phosphorous release from Wetland 639W by modifying the hydraulic characteristics and/or implementing active treatment methods. This large wetland complex is located adjacent to the Crystal Airport. Three alternatives for achievin this have been ro osed in ast studies: 1. artial diversion of flow around the g P P P )P wetland; 2.) dechannelization and increased storage within the wetland; and 3.) an alum ferric chloride treatment system. The initial project development phase would include a feasibility study to determine the most appropriate and cost effective option for achieving a reduction in phosphorous loads release from the wetland. This project would be implemented through a cooperative arrangement between the Shingle Creek Watershed Management Commission and the Cities of Brooklyn Center, Brooklyn Park, Crystal and New Hope. The estimated project cost included in the Capital Improvement Program consists of the estimated portion of the total project cost for Brooklyn Center. Storm Water Management Basins In 2005, the City of Brooklyn Center hired the consulting firm of Bonestroo Rosene Anderlik Associates to conduct a condition assessment of 30 storm water management ponds located throughout the City. The assessment process resulted in a list of improvements to address problems with shoreline erosion, sediment accumulation, inlet and outlet blockages and other miscellaneous maintenance issues. Below is a description of the projects that were not considered routine annual maintenance work normall addressed as art of the annual o eratin budget for the Storm Drainage Y P P g Utility. Storm Water Pond 12-002 Pond 12-002 is located within the west central portion of the golf course. The basin receives runoff from approximately 400 acres within the southwest portion of the City. Pond deficiencies noted during the inspection include, shoreline erosion along the eastern portion of the pond; an erosion channel that has cut through the berm separating pond 12-002 from pond 12-003; and a large volume of accumulated sediments within the pond. Proposed improvements consist of� repairing erosion areas and removal of a portion of the accumulated sediment. Project Summary 2009 Capital Improvement Program 36 EXHIBIT A Storm Water Pond 12-003 Pond 12-002 is located within the west central portion of the golf course and includes a concrete headwall structure connecting Ponds 12-002, 12-003 and 12-004. The basin receives runoff from approximately 400 acres within the southwest portion of the City, the same drainage area as 12-002. Pond deficiencies noted during the inspection include shoreline erosion along the north and east sides of the pond. The concrete headwall structure is filling with sediment with an average of one foot of sediment in the trench and three feet of sediment near the weir outlet. Proposed improvements cQt�ist Qf_repaiXing erosion areas, removal of sediment from the headwall trench and near the outlets of the headwall structure. Storm Water Pond 12-004 Pond 12-004 is located within the northern portion of the golf course. The basin receives runoff from the Brookdale Shopping Center. The pond has lost approximately 20 percent of the wet volume due to sediment accumulation over the first 8 years of operation. By the year 2016, the pond is expected to loose approximately 45 percent of the wet volume due to sediment accumulation. Proposed work consists of the removal of accumulated sediments to restore the water quality treatment function of the storm water pond. Storm Water Pond 12-005 Pond 12-005 receives runoff from the upstream ponds 12-002 and 12-004. The condition survey revealed that an excessive volume of sediment has accumulated in the pond and has decreased the wet storage volume necessary to provide water quality treatment. The proposed work consists of removing the accumulated sediment. Storm Water Pond 18-001 Pond 18-001 is located northwest of Northport Park. The pond receives runoff from approximately 120 acres of upstream drainage area. This basin has filled with an extensive amount of sediment over the past 40 to 50 years. A majority of this basin is likely classified as jurisdictional wetland under the Wetland Conservation Act. However, the basin has lost many of the wetland values due to the accumulation of sediment. The proposed project consists of excavating sediment from the basin to restore the flow capacity through the wetland and restore a wet pool volume with an average depth of 2 to 3 feet in the central part of the wetland. Fringe areas would be restored with native wetland species. 5torm Water Pond 46-001 Pond 46-001 is located within the northern portion of Orchard Lane Park. The pond receives runoff from approximately 60 acres of residential development located west of Orchard Lane Park and approximately 50 acres located north of Interstate 94/694. The pond is was originally design as a water uali benefit. The ro osed detention basin without wet volume to provide additional q ty p p improvements consist of excavating wet storage volume below the invert of the outlet pipe to increase the water quality treatment performance of the basin. Storm Water Pond 50-001 Pond 50-001 is located within Cahlander Park. The pond receives runoff from approximately 230 acres of upstream residential development. Due to the large watershed to pond area ratio, this pond is subject to higher rates of sediment accumulation and potential erosion issues. Traces of hydrocarbon pollutants were noted in the sediment during the most recent site inspection. The proposed project consists of dredging and properly disposing of sediment from the pond and repairs to various shoreline erosion issues. Project Summary 2009 Capital Improvement Program 37 EXHIBIT A Storm Water Pond 60-001 Pond 60-001 is located west of Xe�es Avenue and south of Brooklyn Drive within Central Park. The pond receives runoff from approximately 85 acres of upstream residential development. This pond was constructed in 2003. By 2013, preliminary estimates indicate that approximately 30 to 40 percent of the wet volume will be lost due to sediment accumulation. The proposed work consists of __,removal of sediment �.nd in�stallation of a skimmer structure_to enhance the water quality treatment performance of the pond. I Project Summary 2009 Capital Improvement Program 38 EXHIBIT A Park and Trail Improvements Shingle Creek Trail Improvements Proposed construction includes replacement of the trail system along Shingle Creek from the south City Hall parking lot to County Road 10. Parallel biking and walking trails would be removed and replaced with a single ten foot wide trail section. Arboretum Park South Parking Lot Reconstruction Proposed construction inc�udes replacement of the bituminous pavement within the south parking lot of Arboretum Park. West Central Park Trail Improvements Proposed construction includes replacing the bituminous trail system within Central Park west of Shingle Creek. The project cost estimate includes relocation of a portion of the bituminous trail along Shingle Creek away from the creek edge to prevent flooding and sinking of the new trail. An eight foot wide trail section is proposed. Northport Tennis Court Resurfacing Proposed construction includes the resurfacing and rehabilitation of the tennis courts located within Northport Park. Maintenance of this facility has become an increased priority due to the elimination of tennis courts within Kylawn Park in 2007. West Palmer Park Tennis Court Resurfacing Proposed construction includes the resurfacing and rehabilitation of the tennis courts located within West Palmer Park. Maintenance of this facility has become an increased priority due to the elimination of tennis courts within Kylawn Park in 2007. Riverdale Park Open Picnic Shelter Proposed construction activities include the replacement of the existing shelter building with a small picnic shelter and installation of one security light. The picnic shelter structure would be similar in design to the open picnic shelters located within Firehouse Park and Happy Hollow Park. Willow Lane Park Open Picnic Shelter The former Willow Lane Park building was lost to a fire in 2004. Proposed construction activities include the installation of a small picnic shelter and installation of one security light. The picnic shelter structure would be similar in design to the open picnic shelters located within Firehouse Park and Happy Hollow Park. Firehouse Park Trail Improvements Proposed construction includes replacement of the entire bituminous trail system within Firehouse Park. Extension of the north trail section to the north baseball diamond is also proposed. An eight foot wide trail section is proposed. Kylawn Park Trail Improvements Proposed construction includes replacement of the bituminous trail system along the north part of Kylawn Park and through the playground area. An eight foot trail is proposed. The south portion of the trail system, installed in 1998, is not scheduled to be replaced. Project Summary 2009 Capital Improvement Program 39 EXHIBIT A West Palmer Park Improvements Proposed construction activities include the replacement of the existing park building and replacement of four park lights. The new structure is scheduled to include picnic facilities, one unisex restroom and a small utility area. The new shelter will be consistent with the park building constructed in Kylawn Park in 2007/2008. Evergreen Park Fence and Tennis Court Reconstruction Pr�posed construction includes replacement of the soccer field fence and gate, replacement of the baseball and softball outfield fences and resurfacing the tennis courts within Evergreen Park. Evergreen Athletic Field Lighting Replacement Proposed construction includes replacement of the elevated outdoor lighting system for the athletic fields located within Evergreen Park. This project includes replacement of the existing lighting system. The project does not include substantial expansion of the current lighting system. Northport Park Building Proposed construction activities include the replacement of the existing shelter building. The new structure is scheduled to include picnic facilities, one unisex restroom and a small utility area. The new shelter will be consistent with the park building constructed in Kylawn Park in 2007/2008. Baseball Backstop Replacements Proposed construction includes replacenient of the baseball backstop fences at Central Park, Freeway Park and Willow Lane Park. Central Park Tennis Court Resurfacing Proposed construction includes the removal of two existing tennis courts and resurfacing of the two remaining two tennis courts within Central Park. Willow Lane Park Trail Improvements Proposed construction includes replacement of the trail system within Willow Lane Park. An eight foot wide trail section is proposed. Baseball Fence Replacement Proposed construction includes replacement of the line fences at Central Park and East Palmer Lake Park and the replacement of the line and outfield fences at Northport Park. Freeway Park Trail Improvements Proposed construction includes replacement of the trail system within Freeway Park. An eight foot wide trail section is proposed. Lions Park Trail Improvements Proposed construction includes replacement of the trail system within Lions Park. Parallel biking and walking trails would be removed and replaced with a single ten foot wide trail section. Evergreen Park Trail Improvements Proposed construction includes re�lacement of the bituminous trail within Evergreen Park. Replacement of the trail along 70 Avenue is not part of the project. An eight foot wide trail section is proposed. Project Summary 2009 Capital Improvement Progam 40 EXHIBIT A Brooklyn Boulevard City Entrance Signs Proposed improvements include painting the existing City entrance signs and cedar fences surrounding the signs located along Brooklyn Boulevard at the Minneapolis and Brooklyn Park barders. 69 Avenue Greenway Fence Rehabilitation Proposed construction includes refinishing the wood fence along the north side of the 69�' Avenue greenway between Brooklyn Boulevard and Palmer Lake Drive. West River Road Trail Improvements Proposed construction includes replacement of the bituminous trail along West River Road from 73`� Avenue to 66�' Avenue. A ten foot wide trail section is proposed. Central Park East Trail Improvements Proposed construction includes replacement of the bituminous trail system within the eastern portion of Central Park. The trail segment proposed for replacement is between Interstate 94 and the south City Hall parking lot, east of Shingle Creek. A ten foot wide trail section is proposed along the main trail corridor and an eight foot wide trail section is proposed for the adjacent pedestrian trails. Play Ground Equipment Replacement Proposed construction includes replacing park play ground equipment over a five year period. A total of 20 parks with playground equipment are located within Brooklyn Center. Four parks are scheduled for replacement each year over the five year period. An assessment of the play ground equipment will need to be done to determine replacement priority. Palmer Lake Trail Mill and Overlay Proposed construction includes resurfacing of the existing trail system extending around Palmer Lake. This trail was last reconstructed in 2005 with an expected maximum service life of 15 to 20 years due to the soil stability issues within the park area. Project Summary 2009 Capital Improvement Program I 41 City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal Support Services DATE: 3 December 2008 SUB)ECT: Utili Rates for 2009 tY Recommendation: It is recommended that the City Council consider the attached five resolutions setting rates for consumption and use of utility services for the 2009 fiscal year. Background: During the 20 October 2008 working session of the City Council and Financial Commission, stafF presented the expected costs for operation of the City's utility services for 2009. Along with those costs were projections of the revenues needed for the 2009 year and for future years to keep operations running smoothly and fund the infrastructure improvements needed in the system. For 2009, there is a realization at the staff and City Council levels that economic times are difFicult and that the plans made in the past may need to be modified to respond to citizen concerns. Such is the case with utility rates for 2009. While higher rate increases were originally projected in order to maintain cash reserves and fund infrastructure improvements, citizen expectation to pay those rates may have to be postponed to later years when economic conditions are better. Therefore the following base rate recommendations have been presented for the City's various utility services: Water: 3.00% increase, down from 6.25% in 2008 Sewer: 1.00% increase, down from 2.00% in 2008 Storm Sewer: 3.00% increase, down from 7.00% in 2008 Street Lights: 2.00% increase, down from 5.00% in 2008 Recycling: 3.00% increase, the same as in 2008 i FinancialImpact: If the rates are adopted as proposed the average resident can expect to pay about 1.98 per quarter in additional utility costs. The breakdown for each of the utilities is as follows: r:r 2008 2009 *Quarterly Increase Base Rate Base Rate Increase Water 3.00% 1.25 per 1K gal. 1.29 per 1K gal. 0.60 Sewer 1.00% 62.61 flat rate 63.24 flat rate 0.63 Sanitary Sewer 3.00% 13J5 per lot 14.19 per lot 0.44 Street Lights 2.00% 3.65 per DU 3J3 per DU 0.08 Recycling 3.00% 7.57 per quarter 7.80 per quarter 0.23 for a residential customer using 15,000 gallons of water Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2009 WATER UTILITY R.ATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements far the utility funds have been identified and reviewed by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Water Utility rates, fees and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2009. 2009 WATER UTILITY RATE SCHEDULE Water Rates, Fees and Charges Base Rate Year 2009 $1.29 per 1,000 Gallons Quarterly Minimum Rate Meter Size 2009 Quarterlv Minimum Char�e 5/8" 9.03 3/4" 14.19 1" 18.06 11/ 23.22 2" 45.15 3„ 90.30 4" 152.22 6�° 348.30 g" 657.90 1 p" 877.20 Charges Delinquent account, quarterly charge Greater of 3.00 or 10% of unpaid balance Certification for collection with property t�es $30.00 December 8. 2008 Date Mayar RESOLUTION NO. ATTEST: City Clerk The motion for the ado tion of the fore oin resolution was duly seconded by member P g g 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. I I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2009 SEWER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self- supporting through revenue provided by a uniforin schedule of rates, fees and charges; and WHEREAS, this uniforni schedule shall be called the "Public Utility Rate Schedule" arid shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Sewer Utility rates, fees and charges are hereby adopted and shall be effective for all billings issued on or after January l, 2009. 2009 SEWER UTILITY RATE SCHEDULE Sewer Rates, Fees and Charges Base Rate Quarterly Residential Single Family Apartment Senior Citizen Year 2009 63.24 44.27 34.78 Non-Residential Rate Year 2009 2.54 per 1,000 Gallons Fees SAC Charge set by MCES Fee Established by MCES Charges Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 Line cleaning charge Labor, materials, equipment and overhead Sanitary Sewer Connection Established annually by resolution December 8. 2008 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 followin voted in favor thereof: g and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2009 STORM SEWER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self- f char es• and supporting through revenue provided by a uniform schedule of rates, ees and g, WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center that the following Storm Sewer Utility rates and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2009. 2009 STORM SEWER UTILITY RATE SCHEDULE Storm Sewer Rates and Charges Quarterly Rates per Acre 2009 Ouarterlv Charee Base Rate 56.76 Cemeteries and Golf Courses 14.19 Parks 28.38 Single Family, Duplex, Townhouse 14.19/lot School, Government Buildings 70.95 Multi le Famil Churches 170.28 P Y� Commercial Industrial 283.00 Vacant Land As Assigned Charges Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 Private facility cleaning charge Labor, materials, equipment and overhead December 8. 2008 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 thereo£ and the followin voted a ainst the same: g g whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2009 STREET LIGHT RATES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self- supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Street Light Utility rates and charges are hereby adopted and shall be effective for all billings issued on.or after January l, 2009. 2009 STREET LIGHT UTILITY RATE SCHEDULE Street Light Rates and Charges Quarterly Rates Customer 2009 Ouarterlv Char�e Per Dwelling Unit: Single, Double and Multiple Family Residential 3.73 Per Acre: Parks 6.23 Schools, Government Buildings, Churches 12.42 Retail and Service-0ffice 18.65 Commercial and Industrial 18.65 Vacant Land and Open Space As Assigned Charges Delinquent account, quarterly charge Greater of 3.00 or 10% of unpaid balance Certification for collection with property taxes 30.00 December 8, 2008 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUT'ION NO. RESOLUTION ESTABLISHING 2009 RECYCLING RATE WHEREAS; the City of Brooklyn Center is a rnember of the Hennepin Recycling t-- (HRG), which is a joint powers group organized pursuant to Minnesota Statutes Section 471.59 (1987); and WHEREAS, the purpose ofthe joint powers agreement is to create an organization by which member cities may jointly and cooperatively provide for the efficient and economical collection, recycling and disposal of solid waste within and without their respective corporate boundaries in compliance with the Minnesota Waste Management Act, Minnesota Statutes Chapter 115A (1987); and WHEREAS, the HRG has established a curbside recycling program for its member cities to meet the requirements of Hennepin County Ordinance No. 13, Solid Waste Source Separation for Hennepin County; and WHEREAS, the HRG invoices the City of Brooklyn Center for the cost of recycling serviced based on a per household rate; and WHEREAS, the City of Brooklyn Center must establish rates to fund the City's curbside recycling program and the cost for projected reimbursement of recycling charges from the HRG along with other program operating charges; and WHEREAS, Brooklyn Center Ordinance No. 89-11 authorizes the City to establish rates for recycling services; and NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Brooklyn Center that the per household recycling rate charge shall be 7.80 per quarter for the 2009 calendar year. December 8, 2008 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. +�i �ou��i.�. A,g��nd.�. It�� �Tt�.1 s f COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager Q FROM: Sharon Knutson, City Clerk Q� DATE: December 4, 2008 SUBJECT: 2009 City Council Meeting Schedule Recommendation: It is recommended that the City Council consider adoption of the proposed 2009 City Council Meeting Schedule. Background: The proposed 2009 City Council Meeting Schedule includes: City Council meetings on the 2nd and 4th Monday of the month, e�cept for the 4th Monday in May which is Memorial Day, therefore the meeting is scheduled for Tuesday A facilitated retreat has been scheduled for Saturday, February 28th, at Earle Brown Heritage Center Harvest Room A with time yet to be determined Apri120 Board of Appeal and Equalization Joint meetings with the Financial Commission o June 1- Budget and Report from Auditors o August 17 General Fund Budget o October 19 Enterprise Fund Budgets o November 16 All Funds Budget December 7— Initial Truth In Taxation Budget Issues: There are no budget issues to consider. City of Brooklyn Center DRAFT 12/08/08 2009 City Council Meeting Schedule Reg�ular ��ty Co�nctl �I�leet�n,gs Special City Council Meetings Counci� Ch�mb�rs: All dates are Monday unless otherwise noted. `���y y;��# February 28 (Saturday) Time To Be Determined Facilitated Retreat EBHC Study/Work Session 6:00 p.m. April 20 7:00 p.m. Informal Open Forum 6:45 p.m. Board of Appeal Eaualization CC May 4 5:30 p.m. Regular Session 7:00 p.m. Continuation Board of Aqpeal Equalization CC Work Session immediately following June 1 6:30 p.m. (Continued) Reguiar Session Work Session wlAuditor and Budget Work Session w/Financial Commission CC Brooklyn Center City Council regularly August 17 6:30 p.m. meets the 2nd and 4th Monday each Budget Work Session CC w/Financial Commission nda is a holida month, unless Mo y y Octobe r 19 6:30 p .m. January 12 January 26 Budget Work Session (Enterprise Funds) February 9 w/Financial Commission CC February 23 November 16 6:30 p.m. March 9 Budget Work Session March 23 w/Financial Commission CC April 13 December 7 7:00 p.m. April 27 Initial Truth In Taxation CC May 11 December 14 6:00 p.m. May 26 (ruesday, artern�emoria►�ay) Continuation Truth In Taxation (if needed) CC June 8 June 22 July 13 July 27 August 10 August 24 September 14 September 28 OCtOb@I' 12 (Columbus Day) October 26 November 9 November 23 December 14 All dates are subject to change. Call City Hall at 763-569-3300 to verify dates and times. Strikethrough indicates meeting has been CANCELED. CR Council/Commission Conference Room located in lower level City Hall CC Council Chambers located in upper level City Hall EBHC Earle Brown Heritage Center, Harvest Room A, 6155 Earle Brown Drive City �o�ncil Agend� I�en�. �o. l�.c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson Ci Clerk ���f DATE: December 1, 2008 SUBJECT: Mayoral Reappointments to City Advisory Commissions Recommendation: The enabling resolutions for the City Advisory Commissions outline that the members of the Commissions shall be appointed by the Mayor with majority consent of the Council. It is recommended that the City Council ratify the Mayor's reappointments of the following persons to commissions with terms expiring as follows: Financial Commission term to expire 12/31/20ll Todd Boster Rex Newman Housing Commission term to expire 12/31/2011 Judy Thorbus Joshua Xiong Park and Recreation Commission term to expire 12/31/2011 Bud Sorenson Dan Starling Planning Commission term to expire 12/31/2010 Kara Kuykendall Stan Leino Sean Rahn Della Young Northwest Suburbs Cabte Communications Commission term to expire 12/31/2009 Rex Newman Background: Several commission member terms on City advisory commissions will expire December 31, 2008. City staff liaisons to the commissions polled the members whose terms would expire to determine their interest in continuing serving on their respective commissions. A: brief summary regarding the commission reappointments is attached, including a table that indicates the geographical distribution by neighborhood of the current members of the commissions. Budget Issues: There are no budget issues to consider. Financial Commission The Financial Commission is composed of a chairperson and six members, with members serving a three-year term. On December 31, 2008, the Financial Commission terms of Todd Boster and Rex Newman will expire. Mr. Boster and Mr. Newman wish to continue their voluntary public service on the Financial Commission for another three-year term. Housing Commission The Housing Commission is composed of a chairperson and six members, with members serving a three-year term. On December 31, 2008, the Housing Commission terms of Judy Thorbus and Joshua Xiong will expire. Ms. Thorbus and Mr. Xiong wish to continue their voluntary public service on the Housing Commission for another �hree-year term. Park and Recreation Commission The Park and Recreation Commission is composed of a chairperson and six members, with members serving a three-year term. On December 31, 2008, the Park and Recreation Commission terms of Bud Sorenson and Dan Starling will expire. Mr. Sorenson and Mr. Starling wish to continue their voluntary public service on the Park and Recreation Commission for another three-year term. Planning Commission The Planning Commission is composed of a chairperson and six members, with members serving a two-year term. On December 31, 2008, the Planning Commission terms of Kara Kuykendall, Stan Leino, Sean Rahn, and Della Young will expire Ms. Kuykendall, Mr. Leino, Mr. Rahn, and Ms. Young indicated they wish to continue their voluntary public service on the Planning Commission for another two-year term. Northwest Suburbs Cable Communications Commission The Northwest Suburbs Cable Communications Commission is composed of two representatives from each participating City, one of which is a representative of the City Council and the other a resident of the city, with members serving a one-year term. On December 31, 2008, the Northwest Suburbs Cable Communications Commission term of Rex Newman expired. Mr. Newman wishes to continue his voluntary public service on the Northwest Suburbs Cable Communications Commission for another year. v City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Current Members December 1, 2008 ��f Current Members Neighborhoods ��!�i�c��s a_ Southeast Philip Berglin Mark Nemec, Chair Susan Shogren Smith Northeast Todd Boster Northwest West Central Central Rex Newman Southwest i Two vacancies. I City of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Six Members) C�rrren� Members December 2, 2008 Neighborhoods Applicant(s) Current Members Southeast Joshua Xiong Northeast Northwest Steve Landis West Central Kris Lawrence-Anderson Central Judy Thorbus Southwest Gretchen Knutson Two vacancies. City of Brooklyn Center Park and Recreation Commission Geographical Distribution by Park Service Area (P.S.A.) (Chairperson and Six Members) Current Members December 1, 2008 Park Service Area Ap�licants Current Members P.S.A. 1 Thomas Shinnick P.S.A. 2 Gail Ebert Roger Peterson P.S,A. 3 Bud Sorenson Muriel Lee Richard Theis P.S.A. 4 P.S.A. 5 John Russell City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members December 1, 2008 3 y"° N�ei�hborhoods �i��`������ A e.,. Current Members Southeast Kara Kuykendall Della Young Northeast Sean Rahn, Chair Timothy Roche Northwest Stan Leino West Central Rachel Lund Central Michael Parks Southwest No vacancies. ��t;� �t�u�cil.�.g�nd� �te� 1.�: j 6 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: December 3, 2008 SUBJECT: Mayoral Appointments Housing Commission and Northwest Hennepin Human Services Council Advisory Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of Kathie Amdahl to the Housing Commission with term expiring December 31, 2010. It is also recommended that the City Council consider ratification of the Mayoral appointment of Julie Gillis to the Northwest Hennepin Human Services Advisory Commission with term expiring December 31, 2010. HOUSING COMMISSION Background: The Housing Commission is coinposed of a chairperson and six members. There is one vacancy on the Commission. As outlined in Subdivision 6, Resignations-Removal from Office-Vacancies, of the Resolution Defining Duties and Responsibilities of the Brooklyn Cen�er Housing Commission, the following procedures for filling Commission vacancies were followed. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 beginning December 2007. Announcement was made in several editions of Brooklyn Center Sun-Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were a(so sent to current advisory commission members. A copy af the application received was forwarded to City Council Members on November 21, 2008. Attached for CiTy Council Members only is a copy of the application received: Kathie Amdahl 6909 Unity Avenue North A letter was sent to the applicant notifying her that her application for appointment would be considered at the December 8, 2008, City Council meeting. Mayor Wilison has communicated with the resident and recommends appointment. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMNIISSION Background: The Northwest Hennepin Human Services Council is a human services planning and coordinating agency serving the cities of Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Golden Valley, Hanover, Hassan, New Hope, Maple Grove, Osseo, Plymouth, Robbinsdale, and Rogers since 1972. The goals of the Council are to improve access to human services for area residents, raise awareness of human service needs, and coordinate and assist in planning for needed human services in the community. Memo to Curt Boganey Page 2 Deceinber 3, 2008 The Advisory Commission is composed of citizen representatives appointed for two-year terms by their respective City Council. Brooklyn Center appoints two members. As an Advisory Commissioner, representatives are asked to attend one Advisory Commission meeting per month and serve on one Commission committee or task force during the year. One vacancy exists on the Advisory Commission with a term expiration of December 31, 2010. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 beginning October 16, 2008. Announcement was made in the October 31, 2008, edition of Brooklyn Center Sun-Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they ca[I the City Clerk if they are interested in applying for the Commission. They were given the clioice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Copies of the applications received were forwarded to City Council Members on November 21, 2008. Attached for City Council Members only are copies of the applications received: Jody Brandvold 4201 Lakeside Avenue North #105 Gail Ebert 1613 Irving Lane North Julie Gillis 6015 Aldrich Avenue North Jill Schendel 7242 Willow Lane A letter was sent to each of the applicants notifying them that their application for appomtment would be considered at the December 8, 2008, City Council meeting As previously requested by the City Council, the CiTy Advisory Commission Bylaws are not included in the materials but can be found on the City's web site at ww and clicking on Mayor/ Council/ Commissions/ Charter, then Advisory Commissions. The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. City Council Agenda Item Na►. lle COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: December 3, 2008 SUBJECT: Consideration of Liquor License for Boulevard's Bar Grill, 2545 County Road 10 —Resolution Relating to the Application for an Intoxicating Liquor License from Rich Ventures, Inc. Recommendation: It is recommended that the City Council open the hearing to receive staff report and applicant testimony, "then close the hearing, and then take action on liquor license application. A resolution has been prepared with findings of fact and order should the Council choose to deny the license. Background: On November 3, 2008, Rich Ventures, Inc. submitted a renewal application for on-sale intoxicating liquor license for Boulevard's Bar Grill, 2545 County Road 10. The Certified Public Accountant Statement that was submitted indicated that there was only 16% of on- premises food sales to total gross sales during the past 12 months. No license is available for establishments deriving less than 40% of its revenues from the sale of food for consumption on the premises. On November 17, 2008, I was informed that the check submitted for the liquor license renewal fee was returned by the bank as non-sufficient funds. I notified City Attorney Charlie LeFevere that the applicant did not qualify for a liquor license renewal, and he drafted a letter to Mr. Richard Waulters, Rich Ventures, Inc. informing that the City Council would meet on December 8th to discuss the rnatter and inviting Mr. Waulters to address the Council if he wished (see attached letter from Mr. LeFevere). Budget Issues: There are no budget issues to consider. Offices in 470 U.S. Bank Plaza 200 South Sixch Screec Minneapolis Minneapolis, MN 55402 Saint Paul �612) 337-9300 telephone (Gt2) 337-9310 fa�c SC. ClOUd http://www.kennedy-graven.com H A R T E R E D Affirmative Action, Equal Opporxunity Employer CxaxLES L. LEFEVExE Attomey at Law Direct Dial (612) 337-9215 Email: clefevere@kennedy-graven.com November 19, 2008 Mr. Richard Waulters l�icn Ventures, Inc. 2321 Aldrich Avenue South, #21$ Minneapolis, MN 'S5405 Re: City of Brooklyn Center Liquor License Application for Boulevard's Bar Grill Dear Mr. Waulters: I represent the City of Brooklyn Center, Minnesota, as legal counsel. The City is in receipt of the application for a renewal of the liquor license of Rich Ventures; Inc. transmi�ted to the City by Sue Sullivan of Chestnut Cambronne, P.A. under cover letter dated November 3, 2008. I should first note that the City has advised me that the check for the renewal liquor license was returned because of insufficient funds in the account. The application includes a statement from a certified public accountant that the percent of on- premises food sales to total gross sales was 16% for the license year. The City authorizes four classes of on-sale iiquor licenses to restaurants based on the percentage of revenue derived from the serving of food for consumption on tne premises. No license is available for establishments deriving less than 40% of its revenues from the sale of food for consumption on the premises. Because the certification included with the application shows that the percentage of food sales was 16%, City staff will be recommending to the City Council that the license application be denied on the ground that no licenses are available under City Code for establishments that do not derive at least 40% of their revenues from serving of food for consumption on the premises. This matter will be on the agenda of the regular meeting of the Brooklyn Center City Council on December 8, 2008. The meeting begins at 7:00 p.m. The City Council meets in council chambers at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, MN. You may address the Council on this matter at that time if you wish. 34331�v1 CLLB2291-4 Rich Ventures, Inc. Ltr November 19, 2008 Page 2 Very truly yours, .�s-.'� Charles L. LeFevere CLL:peb cc: Sue Sullivan Curt Boganey, City Manager Sharon Knutson, City Clerk Scott Bechthold, Chief of Police 34331�vi CLLBR291-4 Mem er introduced the foll owin resolution and b g moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO THE APPLICATION FOR AN INTOXICATING LIQUOR LICENSE FROM RICH VENTURES, INC. WHEREAS, the City has received an application for a renewal of an on-sale intoxicating liquor license from Rich Ventures, Inc. (hereinafter the "Applicant"), for the business operated as Boulevard's Bar Grill at 2545 County Road 10 in the City of Brooklyn Center; and WHEREAS, upon due notice to Applicant, the City Council held a hearing on December 8, 2008, on the question whether to renew such license, at which hearing the Applicant was given an opportunity to appear and present testimony and evidence. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Broolclyn Center, Minnesota, that after due consideration of the evidence presented at the hearing, the City Council makes the following FINDINGS QF FACT and ORDER: FINDINGS OF FACT 1. CiTy Code Section 11-110, Subdivision 3 provides that fees for liquor license renewals sha11 be paid in full at the time of application for renewal. 2. The renewal license fee paid by the Applicant was paid by check which was returned by the bank by reason of insufficient funds in the account. 3. Therefore, the Applicant does not meet the requirements of City Code Section 11- 110, Subd. 3. 4. Brooklyn Center City Code authorizes four classes of on-sale liquor licenses for restaurants based on the percentage of revenue derived from the servi�g of food for consumption on the premises. No license is available for restaurant establishments deriving less than 40% of their revenues from the sale of food for consumption on the premises. 5. The Applicant's application includes a statement from a certified public accountant stating that the percentage of on-premises food sales to total gross sales was 16% for the license year 2008. 6. Therefore, because of the percentage of total sales derived from the sale of food, the license application does not meet the requirements for any class of license available for restaurants under Brooklyn Center City Code. !I RESOLUTION NO. ORDER ON THE BASIS OF THE FOREGOING, IT IS ORDERED: That the liquor license application from Rich Veniures, Inc. for the Boulevard's Bar Grili at 2545 County Road 10, in the City of Brooklyn Center, is denied. By Order of the City Council of the City of Brooklyn Center this 8�' day of December, 2008. December 8, 2008 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. _�4. Ci, ��runci� A.gend�. Ite� ��r� 11�' -k E COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: December 3, 2008 SUBJECT: Consideration of Liquor License for San Antonio Grill, 2141 Freeway Boulevard —Resolution Relating to the Application for an Intoxicating Liquor License from San Antonio of Brooklyn Center LLC Recommendation: It is recommended that the City Council open the hearing to receive staff report and applicant testimony, then close the hearing, and then take action on liquor license application. A resolution has been prepared with findings of fact and order should the Council choose to deny the license. Background: On October 7, 2008, San Antonio of Brooklyn Center LLC submitted an application for on-sale intoxicating liquor license for San Antonio Grill, 2101 Freeway Boulevard. A background investigation was conducted by the Police Department to verify the information in the application. Attached is a written recommendation from Police Chief Bechthold to deny the license (NOTE: the memorandum is not public data and attached for Council Members only.) City Attorney Charlie LeFevere drafted a letter to Mr. Bo Raymond Jordan Bogotty, San Antonio of Brooklyn Center LLC, informing that the City Council would meet on December 8th to discuss the matter and inviting Mr. Bogotty to address the Council if he wished (see attached letter from Mr. LeFevere). Sudget Issues: There are no budget issues to consider. Offices in 470 U.S. Bank Plaza 200 Souch Sixth Street Minneapolis Minneapolis, MN 55402 (612) 337-9300 telephone Sainc Paul ��i2) 33�-�3io f� Sc. Cloud http://www.kennedy-graven.cotn H A R T E R E D Affirmative Action, Equal Opportunity Employer CHARI.ES L. LEFEVERE Attorney at I.aw Direct Dial (612) 337-9215 Email: clefevere@kennedy-graven.com November 26, 2008 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Bo Raymond Jordan Bogotty Mr. Bo Raymond Jordan Bogotty San Antonio of Brooklyn Center, LLC 21080 Floral Bay Drive 2101 Freeway Boulevard Forest Lake, MN 55025 Brooklyn Center, MN 55430 Re: Brooklyn Center Liquor License Application for San Antonio Grill Dear Mr. Bogotty: I represent the City of Brooklyn Center, Minnesota, as legal counsel. You have applied on behalf of the San Antonio of Brooklyn Center, LLC for an on-sale intoxicating liquor license from the City of Brooklyn Center for the San Antonio Grill in the City of Brooklyn Center. The purpose of this letter is to notify you that the city staff and police deparhnent of the City will be recommending to the City Council that the license application be denied. Attached is a staff report and a copy of the application information that will be provided to the City CounciL The basis for proposed denial is that the applicants are not persons of good moral character and repute as required by Minn. Stat. 340A.402 and City Code, Section 11-116; that the officers of the applicant have been convicted of willful violations of state law or local ordinance governing the sale of an alcoholic beverage within five years of the license application which authorizes the City to refuse to issue a license under Minn. Stat. 340A.402 and City Code, Section 11-116; and that the corporation does not have a manager who is eligible for a license, which makes the corporation ineligible under City Code, Section 11-116. The matter will be on the agenda of the regular meeting of the Brooklyn Center City Council on December 8, 2008. The meeting begins at 7:00 p.m. The City Council meets in the council chambers at city hall, 6301 Shingle Creek Parkway, Brooklyn Center, MN. You may address the City Council on this matter at that time if you wish. 343689v1 CLLBR291-233 Bo Raymond Jordan Bogotty Ltr November 26, 2008 Page 2 If you wish to withdraw your application, please provide notice in writing of your withdrawal either to me or the Brooklyn Center Chief of Police prior to the date of the hearing. Very truly yours, O J Charles L. LeFevere CLL:peb Enclosures cc: Curt Boganey, City Manager (w/encs.) Sharon Knutson, City Clerk (w/encs.) Scott Bechthold, Chief of Police (w/encs.) I 343689vt CLLBR291-233 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO THE APPLICATION FOR AN 1NTOXICATING LIQUOR LICENSE FROM SAN ANTONIO OF BROOKLYN CENTER LLC WHEREAS, the City has received an application for an on-sale intoxicating liquar license from Brooklyn Center LLC (hereinafter "Applicant") for the business premises located at 2101 Freeway Boulevard in the City of Brooklyn Center, Minnesota; and WHEREAS, upon due notice to the Applicant, the City Council held a hearing on December 8, 2008, on the question whether to grant an on-sale intoxicating liquor license to the Applicant, at which hearing the Applicant was given an opportunity to appear and present testimony and evidence. NOW, THEREFORE, BE IT RESOLVED by� the City Council of the City of Brooklyn Center, Minnesota that, after due consideration of the evidence presented at the hearing, the Council makes the following FINDINGS OF FACT and ORDER: F1NDINGS OF FACT 1. Brooklyn Center Code, Section 11-111, Subdivision 1 provides that no person shall make a false statement in an application. 2. Brooklyn Center Code, Section 11-116, paragraph 4 provides that a corporation is not eligible for a liquor license if that corporation does not have a manager who is eligible pursuant to the provisions of Chapter 11. 3. The application submitted by Applicant states that the manager is to be Vicki Marie Bogotty. However, Ms. Bogotty has stated to City employees on several occasions that she has no intention of acting as manager of the establishment. Ms. Bogotty had a liquor license rescinded by the City of Forest Lake on November 10, 2008. 4. Therefore, the application fails to meet the requirements of City Code Sections 11-111, subdivision 1 and 11-116, paragraph 4. 5. City Code Section 11-101 adopts by reference the provisions of Minnesota Statutes, Chapter 340A. Section 340A.402 provides that no retail license may be issued to a person who is not of good moral character and repute. RESOLUTION NO. 6. Minnesota Statutes, Section 340A.402 provides that no new retail license may be issued to a person who, within five years of the license application, has been convicted of a willful violation of a state law or local ordinance governing the sale of an alcoholic beverage. 7. The application submitted by Applicant checked "no" to the question whether the owner had ever been convicted of a felony, crime, or violation of ordinance, other than traffic and the question whether the owner had ever been convicted of a felony or willful violation of a federal or state law or local ordinance governing the sale of alcohoL 8. On April 17, 2008, the owner of the Applicant, Raymond Bogotty, pled guilty to allowing a minor to serve alcohol in his business. Additionally, Raymond Bogotty has been convicted of two other misdemeanor crimes. 9. From the period February 2, 1996, to July 6, 2008, nine violations occurred at facilities owned or controlled by the owner of the Applicant involving sale of tobacco or alcohol to minors or other offenses relating to the business. 10. The Council fmds that Applicant is not a person of good moral character as required by Minnesota Statutes, Section 340A.402; that the Applicant made false statements on the application in violation of City Code Section 11-111, subdivision l; that officers of the Applicant have been convicted of willful violations of state law governing the sale of alcoholic beverages within five years of the license application in violation of Minnesota Staiutes, Section 340A.402 and City Code Section 11-116; and that the corporation does not have a manager who is eligible for a license, in violation of City Code Section 11-116. ORDER ON THE BASIS OF THE FOREGOING, IT IS ORDERED: That the application of San Antonio of Brooklyn Center LLC for an intoxicating liquor license for the property located at 2101 Freeway Boulevard in the City of Brooklyn Center is denied. RESOLUTION NO. By Order of the City Council of the City of Brooklyn Center this 8�' day of December, 2008. December 8, 2008 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: i whereupon said resolution was declared duly passed and adopted. e C�. �oU�.C�I �ge�id:� I�e�1 �.1 City of Brooklyn Center A Millennium Community COUNCIL ITEM MEMORANDUM TO: City Council FROM: Curt Boganey, City Mana��� DATE: December 4, 2008 SUBJECT: Resolution amending the City Council Code of Policies Section 1.4 Order of Business Recommendation: Per Council direction it is recommend that the City Council consider approval/adoption of the subject resolution changing the Order of Business for the City Council Agenda. Background: The subject of the Council Order of Business was presented by Council Member Yelich at the Council Study Session on November 10, 2008. This item was discussed in further detail at the Council Worksession of November 24, 2008. The majority Council consensus was to direct staff to include a resolution adopting a modification to the Council Policy establishing the Order Of Business on a future agenda for a vote by the CounciL Budget Issues: There are no budget issues to consider. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD.Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION NOVEMBER 10, 2008 CITY HALL COUNCIL CHAMBERS CALL TO DRDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal 8upport Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, Assistant to the City Manager Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSS�ON OF AGENDA ITEMS AND QUESTIONS Councilmember O'Connor requested that Item No. 7e be removed from the Consent Agenda. Councilmember O'Connor requested discussion on Item No. 7c, specifically in relation to whether strong beer or liquor will be sold at the Church of St. Alphonsus event for which the temporary on- sale liquor license is being requested. Mr. Boganey replied only 3.2% beer will be allowed with the liquor license. Councilmember Yelich requested Council consideration of removing Item No. 6, Council Report, from the City Council meeting agenda. He suggested it may not be the best use of time and may not erall meetin contnbute to the ov g. It was noted that this item is included on the meeting agenda in accordance with City Council policy. There was discussion on whether there is interest in amending the City Council policy to remove Council Report from the City Council meeting agenda, as well as discussion on the possibility of amending the meeting agenda to include Council Report at the end of the agenda. It was noted that Council Report is a method to inform citizens of important events or issues in the community, as well as a method for council members to provide a summary report to the rest of the Council on the boards/commissions they are assigned to. Mayor Willson and Councilmembers Lasman and Ryan stated their support of Council Report remaining on the City Council meeting agenda. The Council reviewed the November 10, 2008, memorandum from City Cierk Sharon Knutson regaxding a proposed Resolution Amending Resolution No. 2008-120 Regarding Canvass of November 4, 2008, Municipal General Election a.nd Special Election. 11/10/08 -1- DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS COUNCIL AGENDA ORDER OF BUSINESS CITY COUNCIL Mr. Boganey introduced the item and stated the Council had indicated a willingness to consider a change in the order of business as it relates to Council Reports. A copy of the Council Policy establishing the Order of, Business for Council meetings has been provided for the Council's review. There was discussion on changing the Order of Business to move Council Report to the end of the agenda. Mayor Willson and Councilmembers Lasman and Ryan stated their support of Council Report remaining on filie agenda. It was noted that the purpose of Council Report is ta inform the public �and also for Council Members to report to the full Council on assignments and committees they serve. Mr. Boganey advised that moving Council Report to a different point in the agenda would require a vote by the City Council on the modification to Council Policy establishing the Order of Business for Council meetings. Mayar Willson stated his opposition to moving Council Report to a different location in the meeting agenda. It was the majority consensus of the City Council to direct staff to include a resolution adopting a modification to the Council Policy establishing the Order of Business for Council meetings on a future agenda for a vote by the Council. The modification for consideration is to move Council Report from the current place in the agenda to the last item before adjournment. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SES5ION Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session at 6:49 p.m. Motion passed unanimously. 11/24/0$ -3- DRAFT Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE CITY COUNCIL CODE OF POLICIES; SECTION 1.4 ORDER OF BUSINESS WHEREAS, the City Council adopted Resolution No. 2006-46 on April l0, 2006, which established a City Council Code of Policies; and WHEREAS, the City Council wishes to amend its Code of Policies to change its Order of Business. NOV�, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Section 1.4 of the City Council Code of Policies be and hereby is amended as follows: 1.4 Order of Business The order of business of each meeting shall be as contained in the agenda prepared by the City Manager. The agenda shall be a listing of subjects which shall be taken up for consideration in the following order: 1. Informal Open Forum with City Council 6:45 p.m. 2. Invocation* 7 p.m. 3. Call to Order Regular Business Meeting 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda 7. Presentations 8. Public Hearing 9. Planning Commission Items 10. Council Consideration Items (includes ordinances, resolutions, discussion items) 11. Council Report 12. Adj ournment *All members of the City Council shall share equally in the responsibility for determining who shall be permitted to deliver said invocations, and said invocations shall not exceed two minutes in length, nor shall said invocations deliver any political message, but instead will stringently adhere to the concept of what an invocation, by definition is, which is, a petition for guidance, and lastly that any reference to a deity in any invocation shall use the inclusive term "God" which is the broad-based spiritual term used in our nation's Pledge of Allegiance, one nation under God," and is also the term used on our currency and coins, "IN GOD WE TRUST." RE�OLUTION NO. December 8, 20�8 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. i i City Coun�il A.genda Item NQ. llh COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Directc r� �.A DATE: December l, 2008 SUBJECT: RESOLUTION SETTING 2009 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES Recommendation: It is recommended that the City Council consider adoption of the attached resolution setting the 2009 employer benefits contribution for full-time non-union employees. Background: Annuall the Cit reviews the remium increase for health insurance covera e for employees. Y Y P g The City received a 16% increase to the cost of health insurance for 2009. The average increase was approximately $134.00 per month. In recent history, when possible, the average increase amount has been split between the City and the employees. For 2009 it would result in an increase of approximately $67.00 to the City's benefit contribution. The total recommended employer benefits contribution for 2009 is $818 per month. Budget Issues: Sufficient funds have been budgeted in the 2009 budget. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING 2009 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES WHEREAS, the City Council annually reviews the benefit contribution that is used to provide insuran�e bene�'it assistance to City employe��; a,�� �x_� WHEREAS, the City has reviewed its contribution to assist in the payment of health insurance premiums and determined that an increase in the City's contribution for 2009 is warranted; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City's contribution for regular, full-time non-union City employees for the calendar year 2009 shall be set at $818.00 per month including the cost of $10,000 in life insurance coverage. December 8. 2008 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 fa�or thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ��runcil :�gen�:�. It��: �c�.1 �i 4 t a COUNCIL ITEM MEMORANDUM TO: Curt Boganey, Gity Manager FROM: Kelli Wick, Human Resources Director DATE: December 3, 2008 SUBJECT: RESOLUTION SETTING SALARIES FOR CALENDAR YEAR 2009 Recommendation: It is recommended that the City Council adopt the resolution setting salaries for calendar year 2009. Background: Section 2.07 of the City Charter requires that the City Council shall fix the salary of all employees of the City. Generally speaking, the City employs three different sets of employees, union, non-union and city manager. Union employees encompass the vast majority of public works and police department employees. Salaries and wages for these employees are established through the collective bargaining process. We are currently negotiating with all of our union groups; LELS Loca186 (Sergeants and Commanders), LELS Local 82 (Police Officers) and NOE 49 (Public Works Maintenance.) The action before you relates to the wages and salaries of the eighty-five (85) non-union full time employees working for the City. These at-will employees have no contract and rely upon the actions of the City Council through policy to assure reasonable working conditions, salaries and wages that are competitive in the market place. The City has established a pay plan that conforms with the requirements of the 1984 Pay Equity Act which applies to public employers. The steps and ranges of each position in the plan are established to assure internal equity and market competitiveness. Using the nine cities identified in Council Policy 2.05.3A as reasonable for wage comparison purposes our goal over the years has been to maintain salary and wage rates that are comparable with similar jobs and positions within these Cities while attracting and retaining the most capable employees. Based on the feedback provided from the nine cities reporting (see Attachment) we expect that the average salary increase in the comparison cities will be 3.1% Budget_ Issues: The proposed budget will support the proposed 3% pay plan adjustment provided by the resolution. Attachment 1 Cost of Living Increase City Comparisons 12/8/2008 Y t yi y Ps oposQd��~ s Cl .��ti 200�9.�Incre"use p Crystal 3.0% Fridley 3.0% Golden Valley 3.0% Maplewood unknown New Hope 3.0% Richfield 3.5% Roseville 3.5% S1loreview 3.0% White Bear Lake unknown `��Yerag���'or.Cxhes',. �3�� °lo i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING SALARIES FOR CALENDAR YEAR 2009 WHEREAS, Section 2:07 of the City Charter for the City of Brooklyn Cen�er requires that the City Council shall fix the salary of all officers and employees of the City; and WHEREAS, the 1984 Pay Equity Act as adopted and amended by the Legislature requires every political subdivision of the State of Minnesota to establish "equitable compensation relationships" between its employees; and WHEREAS, the City Council has reviewed the 2009 Full-time Employee Pay Plan; and WHEREAS, an individual employee's movement through their respective pay schedule reflects a progression in corresponding levels or improved job performance; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center that it hereby sets wages, salaries for the calendar year 2009 by adoption of the attached Pay Plan and allows the City Manager to set appropriate increases to. the part-time schedule consistent with other employee groups, which the City Manager shall be authorized to PaY• BE IT FURTHER RESOLVED that the City Manager may reclassify, adjust, add andlor delete position(s) to pay grades in the Pay Plan(s) but is limited to authorizing increases due to Pay Equity Act compliance and by the Annual Budget constraints adopted by the City Council; and BE IT FURTHER RESOLVED that the 2009. Full-time Pay Plan is approved and adopted because it is in general an equitable pay plan for City Employees; however, parts of the Pay Plan are approved and adopted solely for the purpose of compliance with the mandates of Minnesota Statutes, Section 471.999; that adoption of the Pay Plan shall create no vested rights, terms or conditions of employment or entitlement to any given level of compensation for any employee or group of employees; that the Pay Plan shall be subject to continuing review and reconsideration and may be amended from time to time by the City Council; and BE IT FURTHER RESOLVED that the City Manager be authorized to employ full and part-time and/or temporary employees as may be necessary, and to establish competitive rates of pay for such help consistent with the 2009 budget appropriations and to make interim appointments to fill vacant positions whenever a position is vacant because a regular employee is on leave of absence, vacation leave, sick leave, or is absent for any other reason, and to establish rates of pay for such appointments consistent with the 2009 budget appropriations; and RESOLUTION NO. BE IT FURTHER RESOLVED that authorized wage adjustments, not to exceed the m�imums contained herein, shall become effective January 1, 2009. December 8, 2008 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was' duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center 2009 Pay Plan Full-Time Employees City of Brooklyn Center 2009 Employee Pay Plan Table of Contents Contents Pa�e Positions 1 2009 City Manager Department Head Pay Plan 4 2009 Confidential Supervisory Employee Pay Plan 5 2009 Supervisory Exempt Pay Plan 6 20�9 Non-Organized Exempt Pay Plan 7 2009 Non-Organized Non-Exempt Pay Plan g 2008 Local #49 (Maintenance) Pay Plan 9 2008 LELS Local #82 (Police Officers) Pay Plan 10 2008 LELS Local #86 (Lieutenants/Sergeants) Pay Plan 11 2009 Citv of Brooklvn Center Reaular Full-Time Positions �x, yf, Po"sitio rct a� r w w� �m�,: t� "�"F� g e� ��:�.a.� .�..k�: .�o�a��o�n�� �utharized�._� ed�� <g CITY MANAGER'S OFFICE City Manager 1 Contract Yes-Exec Assistant to the City Manager 1 No Yes=Exec City Clerk 1 No Yes-Adm Human Resources Director 1 No Yes-Adm IT Director 1 No Yes-Adm IT/GIS Technician 1 No No Human Resources Specialist 1 No No Deputy City Clerk 1 No No Customer Senrice Representative 1 No No Payroll/Human Resources Technician 1 No No COMMUNITY DEVELOPMENT DEPARTMENT Director of Community Development 1 No Yes-Exec Planning and Zoning Specialist 1 No Yes-Adm Community Development Specialist 1 No Yes-Adm Buildi�g Official 1 No __Yes-Adm Building Inspector 2 No No Code Enforcement Inspector 2 No No Community Development Secretary 1 No No Permit Technician 1 No No Assessing Division Assessor 1 No Yes-Exec Appraiser I 1 No No Appraiser Technician 1 No No FISCAL AND SUPPORT SERVICES Director of Fiscal and Support Services 1 No Yes-Exec Assistant Director of Finance 1 No Yes-Adm Accountant 1 No Yes-Adm Utilities Technician II 1 No No Accounting Technician II 1 No No Liquor Stores Division Liquor Operations Manager 1 No Yes-Exec Liquor Store Manager 2 No Yes-Adm Assistant Liquor Store Manager/Category Buyer 1 Yes Yes-Adm Liquor Store Office Assistant 1 No No 1 3�?" a� S� �a r �s y„�c�, s s �:�r� �r a r s ��r ��OS�tIOCIr t ��X,���� s u .,..�P,�sita�n, ��k' Aa#horized a,�Orgart�ze�1 ;�,�ertirrl��,' FIRE DEPARTMENT Fire Chief/Emergency Management Coord. 1 No Yes-Exec Fire Administrative Technician 1 No No POLICE DEPARTMENT Chief of Police 1 No Yes-Exec F Police Commander 3 L`#�6 Yes-Adm Police Sergeant 5 L#86 No Police Officer 37 L#82 No Support Services Mahager 1 No Yes-Adm Crime Analyst 1 No No Crime Prevention Specialist 1 No No Property Technician 1 No No Police Administrative Assistant 1 No No Police Records Technician 4 No No Station Services OfPicer 3 No No PUBLIC WORKS DEPARTMENT Director of Public Works/City Engineer 1 No Yes-Exec Engineering Technician IV 1 No No Engineering Technician III 4 No No Engineering Secretary 1 No No Streets and Parks Division Deputy Director of Public Works 1 No Yes-Exec Supervisor of Streets and Parks Mamtenance 1 No No Crew Leader 3 L#49 No Maintenance II 12 L#49 No Central Garage Division Mechanic 2 L #49 No Crew Leader 1 L#49 No Night Senrice Person 1 L#49 No Central Garage Administrative Technician 1 No No Public Works Administrative Technician 1 No No Public Utilities Division Supervisor of Public Utilities 1 No Yes-Adm Crew Leader 1 L#49 No Maintenance II 5 L#49 No i 2 r v 4 POSIt10�lS' Z ����0 z z��c� z� r rc x� a a�. �F ��os���an���. �i��� �utltor�xeii�. �rganiz�d a ��_ye, COMMUNITY ACTIVITIES, RECREATION 8� SERVICES Director of Community Activities, Rec. Serv. 1 No Yes-Exec Program Supervisor 3 No Yes-Adm Golf Course Grounds Supervisor 1 No Yes-Adm Recreation Secretary 1 No No Recreation Clerk No Earle Brown Heritage Center Division I EBHC Manager 1 No Yes-Exec BHC Maintenance Su ervisor 1 No Yes-Exec E P EBHC Crew Chief 2 No No EBHC Sales Director 1 No Yes-Exec EBHC Salesperson 2 No Yes-Adm EBHC Maintenance Custodian 2 No No EBHC Secretary Biliing Clerk 2 No No Government Buildings Division Maintenance Supervisor 1 No Yes-Exec Maintenance Custodian 2 No No Lead Custodian -1 No No Custodian 4 No No 156 i T�T��L�REGU.L�AR��UL �����,1�I��P�OSITtO,�NS�AfJ�TH0�21Z�Q�"15���� u, I 3 2009 City Manager and Department Head Pay Pian Exempt from qvertime (not eligible for overtime) 1/1/09 i 3 f 1 a Pos le,,"�������: M���ncn, r r City Manager: Salary pursuant to emplovment contract Director of Fiscal 8� Support Services Annual 91 532 113,127 rr� ��Rr. Chief of Police Annual 91,532 113,127 ��r rv�� -�.i',�. F ::a�', 'a` r�. P�, r Director of Public Works/City Engineer Annual 91,532 113,127 y� ...sw��"�.��� Director of Community Development Annual 77 796 96,077 *�h r� �Pd�' Fire Chief Annual 77,549 95,663 s <....1 �,a�;� Community Activities, Recreation, Annual 76,848 94,910 Services Director ...��z .g�� ,m The City Manager is authorized to set salaries within the established ranges. This sche�ule reflects a 3% increase January 1, 2009 4 2009 Confidential/Superviso Full-time Employee Pay Plan rY 1/1/09 Exempt from overtime (not eligible for overtime) Pa� ���te�� ���Ste 5t ����e �5��� .�1'�{�@ h �e:.�.. a �,A,.F*' �a'�.���;BfE?a.:. �.:�..':�r`%Y a���" �.,,..',�.s. ��a<`. s., Y�i?t� CS21 IAnnuai I$ 55,728 I$ 58,514 61,440 I$ 62,976 I$ 64,551 I$ 66,164 I$ 67,818 CityCierk Ho�ray '.��"9 �'�28 �32 ���3g �3���77� 1 i?� �w �-r This schedule provides a salary range for supervisory employees in confidential positions. The schedute reflects all current salary ranges for this group and provides for a 3% increase January 1, 2009. This employee group is exempt from overtime under FLSA. Normal progression: Minimum is the starting rate. After successful completion of six months of a probationary period, individuals move to the next step. After eighteen months of successful performance of job duties, individuals move to the next step. Additional advances in steps up to the maximum shall be at the discretion of the City Manager based upon recommendation of the Department Head. City Manager's Discretion: The City Manager is authorized to set salaries below the minimum rate when performance or qualifications are less than required for the position. The City Manager is authorized to set salaries above the minimum rate when qualifications exceed those required for the starting rate. 5 2009 Supervisory Full-time Pay Plan Exempt �!1l09 empt from overtime (not eliqible for overtime) �i� r c �'m t Y y a a�- N z k� Step S#ep�, Step��� �Step'� t� 5���,n �Step�,`� �`Giadea ,�,�I'�tt� �f �-�q B,.�y� �„C.� ��f ��xD, .,,�.��n��: .��a`�,..� S33 CityAssessor Annuai 74,958 78,706 82,641 84,707 86,825 88,996 91,221 Human Resources Director IT Director s f�' �`���kk�: ����p���.��..���.� s��a x �s �.�o� g29 LiquorOperationsManager Annual 67,g08 I$ 71,304 I$ 74,869 76,741 7�,659 I$ 80,fi26 I$ 82,641 EBHC Manager �Hot�rly g 6�.�, ��:89� ��'i����,�. ..v��..����.��� ��.$,��4,28� �.���J9�5�...��.� S20 Support Services Manager Annual 54,376 57,095 59,950 61,449 62,985 64,559 66,173 ��►ou��y ����yz�g��a �R���$ s��'I��������������������;(���;����?�;� This schedule provides salary ranges for supervisory employees. The schedule reflects all current salary ranges for this group and provides for a 3% increase January 1, 2009 This group of employees is exempt from overtime under FLSA. Normal progression: Minimum is the starting rate. After successful completion of six months of a probationary period, individuals move to the next step. After eighteen months of successful performance of job duties, individuals move to the next step. Additional advances in steps up to the maximum shall be at the discretion of the City Manager based upon recommendation of the Department Head. City Manager's Discretion: The City Manager is authorized to set salaries below the minimum rate when performance or qualifications are less than required for the position. The City Manager is authorized to set salaries above the minimum rate when qualifications exceed those required for the starting rate. 6 2009 Non-Organized Full-time Employee Pay Plan Exempt �!1 /09 xempt from overtime (not eliqible for overtime) .�„ac� a" r ,�p �ar��kr s a a��€� �y ��s-'� �i a,� c a. 5tep �Ste �5#ep 5tep e te e �r F 4 ,fi'ss"w 3� r s. �a� g� ���T�Itae��„���,. s ,4, j„�i�.�A d.� 8�.. C r .....w C31 Dep. Pub. Works Director Annual I$ 71,183 I$ 74,742 I$ 78,479 80,441 I$ 82,452 84,514 86,626 ��!��x�i����^'��' ��u#.`'��-� :35934�I��,g���7730���������'���;�9.,���� C30 Asst to the City Manager Annual 69,447 72,919 76,565 78,479 80,441 82,452 84,514 Hou�Y��,����3$8,��`$`,��������',����3��8����$��7x`��'Q��'$�. ...��4�,� f C27 Assistant Finance Director Annual 64,488 67,713 71,098 72,876 74,698 76,565 78,479 Supervisor Pubiic Utilities �o�rr�. I�� �oa������.�� sa.... r k� .�sa., '��s�� r �a C2g euilding Official Annual 61,381 64,450 67,672 69,364 71,098 72,876 74,698 Comm. Dev. Specialist Planning/Zoning Specialist '39 �8�����$ 348 C22 Accountant I Annuai I$ 56,998 I$ 59,848 I$ 62,841�$ 64,412 I$ 66,022 I$ 67,672 I$ 69,364 f:�..t�o�urlyF.������,27-4(33����$�'' 28 7�7�:�$ ���Q �2��:j ,g����E6���� C20 Rec. Program Supervisor Annual 54,252 56,964 59,813 61,308 62,841 64,412 66,022 EBHC Maint. Supervisor t)O}l w� ,40���`R� 27 3U�.i,��$,���"2U 7�5��1��,: ��JAi��S �x r ������,t.� C18 EBHC Sales Director I Annual I$ 51,638 I$ 54,219 56,930 I$ 58,354 I$ 59,813 61,308 I$ 62,841 I !�oU��y�������� zso��;l�$���_�����y�„����.���.1� C16 Maintenance Supervisor Annual 49,149 51,607 54,187 55,542 56,930 I$ 58,354 59,813 Liquor Store Manager �i'�s�rly¢� 630� �z: I I ��I $��Z4�,i1�°:�$ �2�6D52 �6 �0 C12 EBHC Salesperson Annual I$ 44,527 I$ 46,753 49,091 50,318 51,576 I$ 52,866 I$ 54,187 ¢Ha ��..��`2d��07°" �$�'22 �3 6tS`l�� 2����.�.. .��5��`: �`��2�'� r�. Cg Golf Course Supervisor I Annual I$ 40,339 I$ 42,356 44,474 I$ 45,586 I$ 46,725 I$ 47,894 i$ 49,091 Assistant Liquor Manager ��HourlY,��$li���19;394 �'$��.'20�36�;�� 2:�38,2,9�.$,. ��„918 .,,.2�,�������� m- ��,-5.�;�����:�°.> This schedule provides a salary range for non-organized employees in exempt positions. The schedule reflects all current salary ranges for this group and provides for a 3% increase January 1, 2009. This employee group is exempt from overtime under FLSA. Normal progression: Minimum is the starting rate. After successful completion of six months of a probationary period, individuals move to the next step. After eighteen months of successful performance of job duties, individuals move to the next step. Additionai advances in steps up to the maximum shall be at the discretion of the City Manager based upon recommendation of the Department Head. City Manager's Discretion: The City Manager is authorized to set salaries below the minimum rate when performance or quaiifications are less than required for the position. The City Manager is authorized to set salaries above the minimum rate when qualifications exceed those required for the starting rate. Merit Steps: Merit steps up to ten percent above the maximum rate shall only be awarded with the express approval of the City Council as recommended by the City Manager. 7 2009 Non-organized Full-time Erriployee Pay Plan Non-exempt �1/09 on-exempt (eli�ible for overtime) z -r w �,w a a,�u �zr 1. G Pa� y������'� �"�y��,a s� a z t... $r �����e�_ �1��� ''�,a �4G --a .�r.� a� r �s c� �'Y u a` iN �a f ��54,'T e `�j �.rE �t�le���� ��A��_���.�� t,�� 0.��� D37 Engineering Tech IV Hourly 28.636 30.068 31.571 32.360 33.169 33.999 34.849 Supervisor Streets Parks D33 IIT/GIS Technician I Hourly 25.943 27.240 28.602 I$ 29.317 I$ 30.050 30.801 31.571 D31 _'�ul�ing �nspecfor Hourly 24.�`93 1�� 2 I$ 27.224 27.904 �8�6D� 29.317 30.050 I D30 Housing Inspector Hourly 24.090 25.295 26.560 27.224 27.904 28.602 29.317 Code Enforcement Inspector Appraiser I D27 IEngineering Tech III I Hourly 22.370 23.489 I$ 24.663 I$ 25.280 25.912 26.560 27.224 D25 I Appraiser Technician I Hour�y I$ 21.292 22.357 23.475 I$ 24.062 24.663 25.280 I$ 25.912 D24 �aintenance Custodian Hourry 20.773 21.812 22.902 23.475 24.062 24.663 25.280 Crime Analyst Crime Prevention Specialist D21 Fire Adm. Coordinator I Hourly I$ 19.290 I$ 20.254 I$ 21.267 I$ 21.799 I$ 22.344 I$ 22.902 I$ 23.475 D20 Deputy City Clerk Hourly 18.819 19.760 20.748 21.267 21.799 22.344 22.902 HR/Benefits Specialist HR/Payroll Technician Police Adm: Assistant D18 lAccounting Technician II Hourly 17.913 18.808 I$ 19.749 I$ 20.242 I$ 20.748 I$ 21.267 21 J99 D17 Central Garage Adm. Tech Hourly 17.476 18.350 19.267 19.749 20.242 20.748 21.267 Comm. bev. Secretary EBHC Sec./Billing Clerk EBHC Maint. Custodian Engineering Secretary Police Records Technician Recreation Secretary Utilities Technician II Property Technician Station Service Officer D16 IPermit Technician I Hourly 17.049 I$ 17.902 I$ 18.797 I$ 19.267 I$ 19.749 I$ 20.242 I$ 20.748 D14 IPublic Works Adm. Tech I Hourty I$ 16.228 I$ 17.039 I$ 17.891 I$ 18.339 I$ 18.797 I$ 19.267 I$ 19.749 D13 EBHC Sec./Receptionist Hourly 15.832 16.624 17.455 17.891 18.339 18.797 19.267 Cust. Service Representative Liquor Store Office Assistant Recreation Clerk Lead Custodian Ipg IEBHC Crew Chief I Hourly 13.993 14.693 15.428 I$ 15.813 16.209 16.614 17.029 Ipg ICustodian Hourly I$ 13.319 13.985 14.684 I$ 15.051 I$ 15.428 15.813 16.209 I pq ICommunity Service Officer Hourly 11.772 12.361 12.979 13.303 13.636 13.977 14.326 This schedule provides a salary range for non-organized employees in non-exempt positions. The schedule reflects all current salary ranges for this group and provides for a 3% increase January 1, 2009. This employee group is not exempt from overtime under FLSA. Normal progression: Minimum is the starting rate. After successful completion of six months of a probationary period, individuals move to the next step. After eighteen months of successful performance of job duties, individuals move to the next step. Additional advances in steps up to the maximum shall be at the discretion of the City Manager based upon recommendation of the Department Head. 8 2008 IUOE Local 49 Employee Pay Plan 1/1/08 Non-exempt (eliqible for overtime) 1 ,Jan 1�Ju� Posit�on tiY e ����2005 2p`,p8; Maintenance III Hour�y 23.57 23.75 Maintenance 11 Hourly 22.68 22.85 Step 3 Houry 21.10 21.26 Step 2 Hourly 19.57 19.72 Step 1 Hourly 18.02 18.16 Start Hourly 16.48 16.60 Mechanic Hour�y 23.61 23.79 Night Service Person Hourly 22.68 22.85 **Rates shown are 2008 pending settlement of 2009 contract This schedule provides a salary range consistent with the labor agreement. Crew Leader: An employee assigned, in writing by the Department Head or Public Works Superintendent, to assist a supenrisor as a crew leader will be paid an additional $1.50 per hour above the base wage of their regular position. The current agreement extends through December 31, 2008. 9 08 Police Officer Pay Pian (LELS Local 82)** **Rates shown are 2008 pending settlement of 2009 contract January 1, 2008 p7`r��i�� ti 33 �`�r a a f '�a� r �.r 5������_ f@��� �S�@(7� �Z"�"�� s .d 6 �v`�..�?��' s �s. a s hk`�u ��s�,��lon f,+�� �r�de-�� .�.��y� A ,R rt.:9E'1���. �2E2�� �:DET���:�DET.�� Police Officer LELSP1 21.398 LELSP2 24.859 LELSP3 27.062 I$ 27.690 I$ 28.169 I LELSP4 29.265 I$ 29.893 I$ 30.372 I LELSPS 31.468 I$ 32.096 I$ 32.575 I$ 33.574 I$ 34.202 I$ 34.681 32.622 33.250 33.729 July 1, 2008 a" �`�,t� 1 3a v� �y Step� ��S e� ��Step f Step fep �S�e t a. s. te� Pt�s�t�an..,,itle,,.. :��GCa e A,�� E't� �..L2E2�, �DET�� ���DE ��:D. .T2:� L�� ����SL. n Police Officer LELSP1 21.558 LELSP2 25.046 LELSP3 27.265 27.893 28.372 LELSP4 29.484 30.112 30.591 LELSP5 31.704 32.332 I$ 32.811 33.810 I$ 34.438 I$ 34.917 32.858 33.486 33.965 �anation of Grades/Steps LELSP1/A Starting Rate 68% of base pay LELSP2/A After 6 months of continuous employment 79% of base pay LELSP3/A After 12 months of continuous employment 86% of base pay LELSP3/L1 E1 LELSP3/A plus educational incentive ($achelor's Degree) if elected LELSP3/L2E2 LELSP3/A plus educational incentive (Master's Degree) if elected LELSP4/A After 24 months of continuous employment 93% of base pay LELSP4/L1 E1 LELSP4/A plus educational incentive (Bachelor's Degree) if applicable LELSP4/L2E2 LELSP4/A lus educational in ntiv M r' D r if a licable ce e aste s e ee P 9 PP LELSP5/A After 36 months of employment 100% of base pay LELSP5/L1 E1 LELSP5/A plus Iongevity (after 12 years of continuous service) or educational incentive (Bachelor's Degree) LELSP5/L2E2 LELSP5/A plus longevity (after 16 years of continuous service) or educational incentive (Master's Degree) LELSP5/DET LELSP5/A plus detective differential on-call pay LELSP5/DET1 LELSP5/A plus detective differential on-call pay, longevity (after 12 years of continous service) or education incentive (Bachelor's Degree) if applicable LELSP5/DET2 LELSP5/A plus detective differential on-call pay, longevity (after 16 years of continous service) or education incentive (Master's Degree) if applicable LELSP5/SL LELSP5/A plus school liaison or drug task force differential LELSP5/SL1 LELSP5/A plus school liaison or drug task force differential longevity (after 12 years of continous service) or education incentive (Bachelor's Degree) if applicable LELSP5/SL2 LELSP5/A plus school liaison or drug task force differential longevity (after 16 years of continous service) or education incentive (Master's Degree) if applicable 10 2008 Police Commander Sergeant LELS Local 86) Pay Plan **Rates shown are 2008 pending settlement of 2009 contract 1/1/08 Exempt from Overtime Position Title Mln MaX Commander ,4nnual I$ 84,504 I$ 88,476 I :Monthly 1$ 7,042 I$ 7',373 m _7/1/08 Exempt from Overtime Position Title Min MaX Commander annua� I$ 85,356 I$ 89,364 Monthly 1 7,113 -7,447 1/1/08 Non-exempf from Overtime Position Title Max Sergeant Annual I$ 78,770 I Monthly 6,564 Hourly I 37.87 7/1/08 Non-exempt;from Overtime Position Title MeX Sergeant Annual I$ 79,560 I Monthly 6,630 Hourly I 38.25 I This schedule provides a salary range consistent with the labor agreement. LieutenanYs are exempt from overtime. Sergeants are non-exempt from overtime. 11 City ��u�c��l� Agenda� It�a� 1���►. j� P� City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal Support Services DATE: 4 December 2008 SUB]ECT: Sale of 2,390,000 G.O. Improvement Bonds, Series 2008B Recommendation: It is recommended that the City Council adopt the attached resolution accepting the bid for the competitive negotiated sale of 2,390,000 in general obligation improvement bonds to complete the funding of the street reconstruction projects constructed in 2007 and 2008. Background: During the 2007 and 2008 construction seasons the following neighborhood street and utility construction projects were done. The list includes the information on the amount assessed to adjacent property owners, the amounts prepaid in full as of 31 August 2008, and the amounts still owing on the assessments Actual Amount Amount Assessment Prepaid Outstanding Freeway Boulevard 529,131.00 171,046.69 358,084.31 Riverwood Street 597,176.00 239,051.25 358,124.15 Riverwood Storm Water 177,407.00 75,499.32 101,907.68 Maranatha Street 777,006.00 29,700.00 747.306.00 Maranatha Storm Water 233,100.00 8,910.00 224,190.00 Xerxes Avenue/Northway 797,723.99 23,101.77 774,622.22 TOTALS 3,111,543.99 547,309.03 2,564,236.36 Additional payments were received in September: 224.302.00 Allowing reduction of the Amount Outstanding to: 2,339,932.36 The City has paid out 2,339,932.36 more in construction costs than it has taken in with prepaid assessments. Use of fund balance and interfund borrowing has allowed the Infrastructure Construction Fund to continue to function throughout the construction period. Now, however, it is time to replenish the Infrastructure Construction Fund for the 2009 and 2010 projects. Therefore staff is proposing sale of 2,390.000.00 in General Obligation Improvement Bonds, Series 2008B to achieve this purpose. The proceeds of the bond will be used as follows: Replenish Construction Fund 2,339,932.36 Cost of Issuance 29,000.00 (these in�l-ud�. Spring�ted services, Moody's Investor's Service rating and Briggs and Morgan legal services) Underwriter's Discount (up to 0.8000% of bonds) 19,120.00 Rounding Amount 1,947.64 TOTAL ISSUE 2,390,000.00 This is a regular occurrence in the City's management of reconstruction project funds. Bonds are currently issued on a bi-annual basis to save costs of issuance and to collect additional assessment dollars in order to lower the amount of the issue. The proposed bonds will be repaid over a ten year amortization with the first principal payment coming in 2010. While interest rates were projected to be in the range of 4.50% to 4.60%, recent sales by other cities have obtained a lower true interest cost when the final bids are tallied. The attached resolution directs the City staff to proceed with the sale of the bonds to the bidder with the lowest true interest cost. The bids will be received and tallied on Monda 8 December 2008 with the results bein resented to the i Y 9P Ci Council that evenin Blanks a earin in the attached resolution will be 9 Pp 9 completed when the bids are received and the bidder with the lowest true interest cost is determined. Financial Impact: Principal repayment will be 2,390,000.00 with first payment in 2010 and final payment in 2019. Proceeds received will replenish the Infrastructure Construction Fund for the assessable costs incurred in capital street reconstruction projects during 2007 and 2008. EXTR.ACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA HELD: December 8, 2008 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Brooklyn�enter� �Hennepin Courity,lVlinnesota, was duly called and l�eld a� the City Hall in said Ciiy on Monday, the 8th day of December, 2008, at 7:00 P.M., for the purpose of awarding the sale of, $2,390,000 General Obligation Improvement Bonds, Series 2008B of the City. The following members were present: and the following were absent: Councilmember introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING OFFER ON THE SALE OF $2,390,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008B AND PROVIDING FOR THEIR ISSUANCE A. WHEREAS, the City Council of the City of Brooklyn Center, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $2,390,000 General Obligation Improvement Bonds, Series 2008B of the City, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the construction of various improvement projects in the City (the "Improvements"); and B. WHEREAS, the construction of each of the improvement projects to be financed by the Bonds have heretofore been ordered; and C. WHEREAS, the City has retained Springsted Incorporated, an independent financial consultant in connection with the issuance of the Bonds, and is therefore authorized to negotiate the sale of the Bonds without complying with the public sale requirements of Minnesota Statutes, Chapter 475; and D. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and E. WHEREAS, the following offers were received, opened and recorded at the offices of Springsted Incorporated at 11:30 A.M., this same day: 2252853v1 Bidder Interest Rate Net Interest Cost NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Brooklyn Center, Minnesota, as follows: 1. Accentance of Offer. The offer of (the "Purchaser"), to purchase $2,390,000 General Obligation Improvement Bonds, Series 2008B of the City (the "Bonds", or individually a"Bond"), in accordance with the terms of proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable offer received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of said Purchaser and to forthwith return to the others making offers their good faith deposits. 2. Terms of Bonds. (a) Title: Ori�inal Issue Date; Denominations: Maturities; Term Bond Option. The Bonds shall be titled "General Obligation Improvement Bonds, Series 2008B", shall be dated December 15, 2008, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2010 $275,000 2015 $240,000 2011 260,000 2016 240,000 2012 Z55,000 2017 235,000 2013 250,000 2018 230,000 2014 245,000 2019 160,000 As may be requested by the Purchaser, one or more Term Bonds may be issued having rnandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entrv Onlv Svstem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: aasass3�� 2 (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraph 11 (with respect to registration, transfer and exchange) Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be re istered in a bond g register maintained by U.S. Bank National Association (the "Registrar") in the name of CEDE CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, ar(C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Register Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and Bonds for the se of obtainin an consent or other other matters with res ect to the g Y P P� action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the Holder of the Holders of the Bonds as shown on the register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, arrd subject to the transfer provisions in paragraph 10 hereof (with 2252853v] 3 respect to registration, transfer and exchange), references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations, to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter ofRepresentations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Registrax may establish a special r e c o r d d ate for such consent or other action. The Ci ty or the Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Registrar in its written acceptance of its duties under this Resolution and any paying agency registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof (with respect to optional redemption), make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entrv Onlv Svstem. Discontinuance of a particular Depository's services and termination of the book-entty only systern may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the 2252853v1 4 system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds sha11 no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10 hereof (with respect to registration, transfer and exchange). To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paxagraph 10 hereof (with respect to registration, transfer and exchange), the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paxagraph 10 hereof (with respect to registration, transfer and exchange). 3. Pumose. The Bonds shalT provide funds to finance the construction of various improvement projects in the City (the "Improvements"). The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an"Interest Payment Date"), commencing August 1, 2009, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Maturity Interest Year Rate Year Rate 2010 2015 2011 2016 2012 2017 2013 2018 2014 2019 5. Optional Redemntion. All Bonds maturing in the years 2018 and 2019, shall be subject to redemption and prepayment at the option of the City on February 1, 2017, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the City shall determine the 2252853v1 5 maturities and principal amounts within each maturity to be prepaid; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a commori maturity date, the Bond Registrar prior to giving notice of redemption sha11 assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 far each nuxnber, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and the Bond Registrar duly executed by the holder thereof or his attorney duly authorized in writing) and the City shall execute and the Bond Registrar shall authenticate and deliver to the holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Resistrax. U.S. Bank National Association, in Saint Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paxagraph 12 of this resolution (with respect to interest payment and record date). 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: i z2szss3�1 6 UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF BROOKLYN CENTER R- GENEI�AL OBLIGATION IMPROVEMEAtT BOND, SERIES 2008B INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP December 15, 2008 REGISTERED OWNER: CEDE CO. PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Brooklyn Center, Hennepin County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2009, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in Saint Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption z2szss3�i 7 price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Redemntion. All Bonds of this issue (the "Bonds") maturing in the years 2018 and 2019, are subject to redemption and prepayment at the option of the Issuer on February 1, 2017, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subjecf to prepaymerit. If redemption is in part, the rssuer shall determine the maturities and principal amount within each maturity to be prepaid; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds. Selection of Bonds for Redemntion; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 far each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Puroose; General Obli�ation. This Bond is one of an issue in the total principal amount of $2,390,000, all of like da.te of original issue and tenor, except as to nuinber, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution, Charter of the Issuer, laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on December 8, 2008 (the "Resolution"), for the purpose of providing money to finance the construction of various improvement projects. This Bond is payable out of the General Obligation Improvement Bonds, Series 2008B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. ZZSZas3�i g Denominations; Exchan�e; Resolution. The Bonds are issua.ble solely as fully registered bonds in the denominations of $5,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered Bonds of other authorized denominations in equal aggregate principal amounts at the principal offic� of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrax. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond �egistrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar sha11 authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees unon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmenta.l charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Reeistered Owners. The Issuer and Bond Registrax may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified T�-Exemnt Obli�ation. This Bond has been designated by the Issuer as a"qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. z2s2ss3�� 9 IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, laws of the State of Minnesota and Charter of the Issuer to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional, statutory or charter limitation of indebtedness. 1N WITNESS WHEREOF, the City of Brooklyn Center, Hennepin County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Manager, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration Registrable by: U.S. Bank National Association Saint Paul, Minnesota Payable at: U.S. Bank National Association Saint Paul, Minnesota BOND REGISTRAR'S CITY OF BROOKLYN CENTER, CERTIFICATE OF HENNEPIN COUNTY, AUTHENTICATION MINNESOTA This Bond is one of the Bonds described in the Resolution mentioned within. /s/ Facsimile Mayor U.S. Bank National Association, Saint Paul, Minnesota Bond Registrar /s/ Facsimile Manager By: Authorized Signature 2252853v1 1 Q ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM as tenants in common TEN ENT as tenants by the entireties JT TEN as joint tenants with right of survivorship and not as tenants in common UTMA as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. Zas2ss3� i 11 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a anembership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the.Bond is held by joint account.) 2252853v1 1 Z Use only for Bonds when they are Registered in Book Entry Only System PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: Authorized Signature Date Amount of Holder ZZSass3�� 13 8. Execution: Temnorarv Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) shall be executed on behalf of the City by the signatures of its Mayor and Manager and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and rinted or at the re uest of the Purchaser, P rovided further that both of such signatures may be p q hotoco ied facsimiles and the corporate seal may b e omitted on the Bonds as permitted by law. P P In the event of c�isability or resignation or other absence of erther such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. The temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Manager. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or i d to an securi or benefit under this resolution unless a Cert ificate of Authentication I be ent tle Y tY on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by ation on different an authorized representative of the Bond Registrar. Certificates of Authentic 11 authenticate the Bond Re istrar sha n. The Bonds need not be si ned b the same perso g g Y signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar sha11 insert as a date of registration the date of original issue, which date is December 15, 2008. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Re�istration; Transfer: Exchan�e. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrax shall authenticate, insert the date of registration (as provided in paragraph 9 with respect to authentication) of, and deliver, in the name of the desi nated transferee or transferees, one or more new Bonds of any authorized g denomination or denominations of a like aggregate principal amount, having the same stated e as re uested b the transferor• rovided, however, that no Bond may matunty and interest rat q y p be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond 22s2sss�1 1 4 Re istrar. Whenever an Bonds are so surrendered for exchan e, the Cit shall execute (if g Y g Y necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Finance Director is hereby.authorized to negotiate and execute the terms of said agreement. 11. Ri�hts Unon Transfer or Exchan�e. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Pavment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the addxess appearing thereon at the close of business on the fifteenth (1 Sth) day of the calendax month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registraz to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Re�istered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above with respect to interest payment and record date) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. azs2as3�i 15 I 14. Deliverv; Apnlication of Proceeds. 'The Bonds when so prepared and executed shall be delivered by the Administrator to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds, Series 2008B Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Construction Account" and "Debt Service Account", respectively. (i) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $2,370,000, plus any special assessments levied with respect to the Irnprovements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16 (with respect to assessments), including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision l. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all collections of special assessments herein covenanted to be levied with respect to the Improvexnents and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of $2,370,000; (d) all collections of ta.��es hereafter levied for the payment of the Bonds and interest thereon in the event the suxns herein pledged for the payment of the Bonds are insufficienf therefor; (e) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; all investment earnings on funds held in the Debt Service Account; and (g) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums far z2s2ss3�1 1 6 redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5%) of the proceeds ot the Bonds or $100,000. To this effect any special assessments against benefitted properties are also pledged to the Debt Service Account, in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Assessments. It is hereby determined that no less than one hundred percent (100%) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be heretofore levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby covenants and agrees that it has done and performed all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. It is hereby determined that the assessments which remain payable are payable in equal, consecutive installments of principal, with interest on the declining balance, at a rate per annum not greater than the m�imum permitted by law and not less than 6.00% per annum: Improvement Levy Collection Desi�nation Amount Years Years Xerxes/Northway Street 2008-2017 2009-2018 Maranatha Street 2008-2017 2009-2018 Riverwood Street 2008-2016 2009-2017 Freeway Blvd Street 2008-2016 2009-2017 Maranatha Storm 2008-2016 2009-2017 z2s2ss3�� 17 Riverwood Storm 2008-2016 2009-2017 17. Covera�e Test. The assessments are such that if collected in full they, together with all other funds herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. 18. General Obli�ation Pled�e. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Certificate of Re�istration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Hennepin County, Minnesota, together with such other information as they shall require, and to obtain the County Auditor's Certificate that the Bonds have been entered in the County Auditor's Bond Register. 20. Records and Bonds. The officers of the City are hereby authorized and directed to prepaze and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 2 L Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrax on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof hasbeen duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject 2252853v1 1 g to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 22. Ne�ative Covenant as to Use of Proceeds and Im�rovements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Iznprovements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 23. Ta�c-Exemnt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Bonds are to be used for local goveriunental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148( fl(4)(D) of the Code. 24. Comnliance with Reimbursement Bond Re�ulations. The provisions of this paragraph are intended to establish and provide far the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies andlor covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the m�imum principal amount of debt expected to be zzszss3�i 19 issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessaxily have been made with respect to: (i) preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds axe issued, shall be treated as made on the day the �onds are issued. i Provided, however, that the City may take action contrary to any of the foregoing covenants in this paxagraph 24 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the ta�c-exempt status of the Bonds. 25. Designation of Oualified Tax-Exempt Oblisations; Issuance Limit. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2008 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar yeax 2008 have been designated far purposes of Section 265(b)(3) of the Code. 2252853v1 2� The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 26. Continuin� Disclosure. (a) The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "R�le"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (1) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. (2) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Boaxd ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (3) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the Issuer to provide the annual financial information with respect to the Issuer described in the Undertaking. (4) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking are intended to be for the benefit of the holders and any other beneficial owners of the Bonds and shall be enforceable on behalf of such holders and beneficial owners; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the 's obligations under the covenants. (b) The Mayar and Manager of the City, or any other officer of the authorized to act in their place, (the "Officers") are hereby authorized and directed to execute on behalf of the Undertaking in substantially the form presented to the City Council, subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the purchaser of the Bonds and (iii) acceptable to the Officers. 27. Severabilitv. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 28. Headin�s. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. 2252853v1 2 1 The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon :sai�i resolution was declared duly passed and adopted. 2252853v1 22 OFFICIAL STATEMENT DATED NOVEAABER 26, 2008 Rating: Requested from Moody's NEW ISSUE Investors Service In the opinion o/ Briggs and Magan. Professanal AssociaGon, @ond Counse/, based on presenf lederal and Minnesota laws, regulahons, ru/bgs and decisiwis, af the time of their issuance and de/ivery to the ortgina/ Purd�aser, interesf on the Bonds is exGuded /rom gross in�me fo� purposes o/ United States income tax and is excfuded, to Me same extent, in eomputr�g bath gross and faxab/e net income lur purposes of State of Minnes�a income tax (other Man Minnesota trancl�ise taxes measured by income and imposed on wrporatrons and financial ins67utions). Interest on the Bonds is not an dem o/ tax pre/ertnce for purposes o! the attemative minimum tax imposed on individuals and �iparations; Aowever, aMerest on the Bonds is taken into aocouM for the purpose of dete�mining adjusted current eamings for purpases of compufir�g fhe federal altemative minimum tax impased on corpo26cns. No opinion wd! be expressed 6y Bond Counse/ rega� other stafe or lederal tax consequences caused by the receipt w accrt�al of interest on the Bonds or arising with resped to ownership o/ Me Bonds. See Tax Exemptan' and "Ofher Federal and �ate Tax Considerations'herein. $2,390,000* City of Brooklyn Center, Minnesota General Obligation tmprovement Bonds, Series 2008B (Book Entry Only) Dated Date: December 15, 2008 Interest Due: February 1 and August 1, commencing August 1, 2009 The Bonds will mature February 1 as follows: 2010 $275,000 2012 $255,000 2014 $245,000 2016 $240,000 2018 $230,000 2011 $260,000 2013 $250,000 2015 $240,000 2017 $235,000 2019 $160,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All terrn bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. The City may elect on February 1, 2017, and on any day thereafter, to prepay Bonds due on or after February 1, 2018 at a price of par plus accrued interest. The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In additiDn, the City will pledge special assessments against benefited properties. Proceeds of the Bonds will be used to finance various improvement p�ojects within the City. Proposals must be for not less than $2,370,880 plus accrued interest on the total principal amount of the Bonds. Proposals shall specify rates in integral multiples of 5/100 or 1/8 of 1%. Rates are not required to be in level or ascending, order, however, the rate for any maturity cannot be more than 1°/a lower than the highest rate of any of the preceding maturities. Proposals must be accompanied by a good faith deposit in the amount of $23,900 in the form of a certified or cashier's check payable to the order of the City, a wire transfer, or a Financial Surety Bond, and delivered to Springsted Incorporated prior to the time proposals will be opened. The Bonds will be awarded on the basis of True Interest Cost (TIC). The City will designate the Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Intemal Revenue Code of 1986, as amended. The Bonds will not be subject to the altemative minimum tax for individuals. The Bonds will be issued as fully registered Bonds without coupons and, when issued, will be registered in the name of Cede 8� Co., as nominee of The Depository Trust Company ("DTC"). DTC will act as securities depository for the Bonds. Individual purchases may be made in book entry form only, in the principal amount of $5,000 and integral multiples thereof. Investors will not receive physical certificates representing their interest in the Bonds purchased. (See "Book Entry System" herein.) U.S. Bank National Association, St. Paul, Minnesota, will serve as registrar (the "Registrar") for the Bonds. Bonds will be available for delivery at DTC on or about December 29, 2008. Preliminary; subject to change. PROPOSALS RECEIVED: December 8, 2008 (Monday) until 11:30 A.M., Central Time AWARD: December 8, 2008 (Monday) at 7:00 P.M., Central Time S p r i n g s t e d Furth information may be obta�ed from SPRINGSTED Inco orated, Financial Advisor to the Ci 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101-2887 (651) 223-3000. For purposes of compliance with Rule 15c2-12 of the Securities and Exchange Commission, this document, as the same may be supplemented or corrected by the City from time to time (collectively, the "Official Statement"), may be treated as an Official Statement with respect to the Bonds described herein that is deemed final as of the date hereof (or of any such lemen or rtain information referred to su t correction i exc f r th mission of ce b theCt e t o eo pP Y Y, P in the succeeding paragraph. The Officiai Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a"Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. Any such addendum shall, on and after the date thereof, be fully incorporated herein and made a part hereof by reference. By awarding the Bonds to any underwriter or underwriting syndicate submitting a Proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded copies of the Official Statement and the addendum or addenda described in the preceding paragraph in the amount specified in the Terms of ProposaL The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a Proposal with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. No dealer, broker, salesman or other person has been authorized by the City to give any information or to make an re resentations with res ect to the Bonds, other than as contained Y P P in the Official Statement or the Final Official Statement, and if given or made, such other information or representations must not be relied upon as having been authorized by #he City. Certain information contained in the Official Statement and the Final Official Statement may have been obtained from sources other than records of the City and, while believed to be reliable, is not guaranteed as to completeness or accuracy. THE INFORMATiON AND EXPRESSIONS OF OPINION IN THE OFFICIAL STATEMENT AND THE FINAL OFFICIAL STATEMENT ARE SUBJECT TO CHANGE, AND NEITHER THE DELIVERY OF THE OFFICIAL STATEMENT OR THE FINAL OFFICIAL STATEMENT NOR ANY SALE MADE UNDER EITHER SUCH DOCUMENT SHALL CREATE ANY IMPLICATION THAT THERE HAS BEEN NO CHANGE IN THE AFFAIRS OF THE CITY SINCE THE DATE THEREOF. References herein to laws, rules, regulations, resolutions, agreements, reports and other documents do not purport to be comprehensive or definitive. AU references to such documents are qualified in their entirety by reference to the particular document, the full text of which may contain quafifications of and exceptions to statements made herein. Where full texts of documents prepared by or on behalf of the City have not been included as appendices to the Official Statement or the Final Official Statement, they will be fumished on request. Any CUSIP numbers for the Bonds included in the Final Official Statement are provided for convenience of the owners and prospective investors. The CUSIP numbers for the Bonds have been assigned by an organization unaffiliated with the City. The City is not responsible for the selection of the CUSIP numbers and makes no representation as to the accuracy thereof as printed on the Bonds or as set forth in the Final Official Statement. No assurance can be given that the CUSIP numbers for the Bonds will remain the same after the date of issuance and delivery of the Bonds. TABLE OF CONTENTS Pa e s Terms Proposal i-v IntroductoryStatement ContinuingDisclosure 1 TheBonds 2 Authorityand Purpose 4 Security and Financing 5 FutureFinancing 5 Litigation........................................................................................................................... 5 Legality 5 TaxExemption 5 Other Federal and State Tax Considerations 6 Bank-Qualified Tax-Exempt Obligations 7 Rating.......................................•-...................................................................................... 8 FinancialAdvisor 8 Certification 8 CityProperty Values 9 City Indebtedness 10 City Tax Rates, Levies and Collections 14 Fundson Hand 15 CityInvestments 15 General Information Concerning the City 16 Governmental Organization and Services 19 Proposed Form of Legal Opinion Appendix I Continuing Disclosure Undertaking Appendix II Summary of Tax Levies, Payment Provisions, and Minnesota Real Property Valuation Appendix III Excerpt of 2007 Annual Financial Statements Appendix IV THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,390,000� CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008B (BOOK ENTRY ONLY) Proposals for the Bonds and the Good Faith Deposit ("Deposit�) will be received on Monday, December 8, 2008, until 11:30 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract befinreen the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sea/ed Biddin4. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b) Electronic Biddinq, Notice is hereby given that electronic proposals will be received via PARITY'". For purposes of the electronic bidding process, the time as maintained by PARITY�" shall constitute the official time with respect to all Bids submitted to PARITY�". Each bidder shal/ be so%ly responsible for making necessary arrangements to access PARITY� for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY�" shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY� shall be responsible for a bidder's failure to regi�ter to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the senrices of PARITY�. The City is using the services of PARITY�' solel as a communication mechanism to conduct the electronic bidding for the Bonds, and PARI�is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY�, this Terms of Proposal shall control. Further information about PARITYY�", including any fee charged, may be obtained from: PARITYY�', 1359 Broadway, 2"� Floor, New York, New York 10018 Customer Support: (212) 849-5000 Preliminary,• subjecf to change.. -i- DETAILS OF THE BONDS The Bonds will be dated December 15, 2008, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2009. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts* as follows: 2010 $275,000 2013 $250,000 2016 $240,000 2018 $230,000 2011 $260,000 2014 $245,000 2017 $235,000 2019 $160,000 2012 $255,000 2015 $240,000 The City reserves the right, after proposa/s are opened and prior to award, to increase or reduce the principa! amount of the Bonds offered for sa/e. Any such increase or reduction will be made in multip/es of $5,000 in any of the maturifies. !n the event the principa/ amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successfu/ bidder will be increased or reduced by a percentage equa/ to the percentage by which the principa! amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede Co. as nominee of The Depository Trust Company (�DTC"), New York, New York, which will act as secunties depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2017, and on any day thereafter, to prepay Bonds due on or after February 1, 2018. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. -ii- SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the Cit will led e Y p 9 special assessments a ainst benefited ro erties. Th r 9 p p e oceeds will be used to finance P various improvement projects within the City. BIDDING PARAMETERS Proposals shall be for not less than $2,370,880 and accrued interest on the total principal amount of the Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates are not required to be in level or ascending order; however, the rate for any maturity cannot be more than 1% lower than the highest rate of any of the preceding maturities. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT Proposals, regardless of inethod of submission, shall be accompanied by a Deposit in the amount of $23,900, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit. Any Deposit made by certified or cashier's check should be made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101. Any Deposit sent via wire transfer should be sent to Springsted Incorporated as the City's agent according to the following instructions: Wells Fargo Bank, N.A., San Francisco, CA 94104 ABA #121000248 For credit to Springsted Incorporated, Account #635-5007954 Contemporaneously with such wire transfer, the bidder shall send an e-mail to bond services@springsted.com, including the following information; (i) indication that a wire transfer has been made, (ii) the amount of the wire transfer, (iii) the issue to which it applies, and (iv) the retum wire instructions if such bidder is not awarded the Bonds. Any Deposit made by the successful bidder by check or wire transfer will be delivered to the City following the award of the Bonds. Any Deposit made by check or wire transfer by an unsuccessful bidder will be returned to such bidder following City action relative to an award of the Bonds. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota and pre-approved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that underwriter is required to submit its Deposit to the City in the form of a certified or cashier's iii check or wire transfer as instructed by Springsted Incorporated not laterthan 3:30 P.M., Central Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUS1P identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the i purchaser through DTC in New York, New York. Delivery will be sub�ect to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customa closin a ers includin a i rY 9 P P 9 no litigation certificate_ On the date of settlement, payment for the Bonds shalt be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the Cit for an loss su r ffe ed b the Cit r b reason of the u chaser's non Y Y com I' Y Y Y P P iance with said terms for payment. -iv- CONTINUING DISCLOSURE On the date of actuai issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5). OFFICtAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota �5101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a"Final Official Statement° of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 95 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated November 10, 2008 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Clerk -v- OFFICIAL STATEMENT $2,390,000' CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008B (BOOK ENTRY ONLY) INTRODUCTORY STATEMENT This Official Statement contains certain information relating to the City of Brooklyn Center, Minnesota (the "City" or the "Issuer") and its issuance of $2,390,000* General Obligation Improvement Bonds, Series 20086 (the "Bonds", the "Obligations" or the "Issue"). The Bonds are general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City wilf pledge special assessments against benefited properties. Inquiries may be directed to Mr. Daniel Jordet, Director of Fiscal and Support Services, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, or by E telephoning (763) 569-3345. Information may also be obtained from Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101-2887, or by telephoning (651) 223-3000. If information of a specific legal nature is desired, requests may be directed to Ms. Mary Dyrseth of Briggs and Morgan, Professional Association, St. Paul and Minneapolis, Minnesota, Bond Counsel (651) 808-6625. 'i: CONTINUING DISCLOSURE In order to assist the Underwriters in complying with SEC Rule 15c2-12 (the "Rule"), pursuant to the Award Resolution and Continuing Disclosure Undertaking to be executed on behalf of the City on or before closing, the City has and will covenant (the "Undertaking") for the benefit of holders or beneficial owners of the Bonds to provide certain financial information and operating data relating to the City to certain information repositories annually, and to provide notices of the occurrence of certain events enumerated in the Rule to certain information repositories or the Muni ci al Securities R I m u e akm Boar P d and to an g state information de osito The Y p ry specific nature of the Undertaking, as well as the information to be contained in the annual report or the notices of material events is set forth in the Continuing Disclosure Undertaking in substantially the form attached hereto as Appendix II, subject to such modifications thereof or additions thereto as: (i) consistent with requirements under the Rule, (ii) required by the purchaser of the Bonds from the City and (iii) acceptable to the Mayor and Manager of the City. The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5,000 in any of the mafurities. In the event the prfncipal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successfu/ bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. -1- i The City has never failed to comply in all material respects with �any previous undertakings under the Rule to provide annual reports or notices of material events. A failure by the City to comply with the Undertaking will not constitute an event of default on the Bonds (although holders or other benefcial awners of the Bonds will have the sole remedy of bringing an action for specific performance). Nevertheless, such a failure must be reported in accordance with the Rule and must be considered by any broker, dealer or municipal securities dealer before recommending the purchase or sale of the Bonds in the secondary market. Consequently, such a failure may adversely affect the transferability and liquidity of the Bonds and their market price. THE BONDS General Description The Bonds are dated as of December 15, 2008 and will mature annually on February 1 as set forth on the cover of this Official Statement. The Bonds are issued in book entry form. Interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 2009. Interest will be payable to the holder (initially Cede Co.) registered on the books of the Registrar on the fifteenth day of the calendar month next preceding such interest payment date. Principal of and interest on the Bonds will be paid as described in the Section herein entitled "Book Entry System." U.S. Bank National Association, St. Paul, Minnesota, will serve as Registrar fo� the Bonds and the City will pay for registration services. O tional Redem tion P p The City may elect on February 1, 2017, and on any day thereafter, to prepay Bonds due on or after February 1, 2018. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. AI1 prepayments shall be at a price of par plus accrued interest. Book Entry System The Depository Trust Company (�DTC"), New York, New York, wil4 act as securities depository for the Obligations. The Obligations will be issued as fully-registered securities registered in the name of Cede Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully-registered certificate will be issued for each maturity of the Obligations, each in the aggregate principal amount of such maturity, and will be deposited with DTC. DTC is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a"clearing corporation" within the meaning of the New York Uniform Commercial Code, and a"clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for securities that its participants ("Direct Participants") deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities through electronic computerized book-entry transfers and pledges between Direct Participants' accounts. This eliminates the need for_ physical movement of securities certificates. Direct Participants inc4ude securities brokers and dealers, banks, trust companies, -2- clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust Clearing Corporation (�DTCC"). DTCC, in turn, is owned by a number of Direct Participants of DTC and members of the National Securities Clearing Corporation and Fixed lncome Clearing Corparation all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as securities brokers and dealers, banks, trust companies and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participantsn). The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com and www.dtc.or4. Purchases of Obligations under the DTC system must be made by or through Direct Participants, which will receive a credit for the Obligations on DTC's records. The ownership interest of each actuaf purchaser ofi each Obligation ("Beneficial Owner") is in tum to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Obligations are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Obligations, except in the event that use of the book-entry system for the Obligations is discontinued. To facilitate subsequent transfers, all Obligations deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Obligations with DTC and their registration in the name of Cede Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Obligations; DTC's records reflect only the identity of the Dir�ct Participants to whose accounts such Obligations are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be govemed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Obligations may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Obligations, such as redemptions, tenders, defaults, and proposed amendments to the Obligations documents. For example, Beneficial Owners of the Obligations may wish to ascertain that the nominee holding the Obligations for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of the notices be provided directly to them. Redemption notices are required to be sent to DTC. If less than all of the Obligations within a maturity are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed. Neither DTC nor Cede 8� Co. (nor such other DTC nominee) will consent or vote with respect to the Obligations unless authorized by a Direct Participant in accordance with DTC's procedures. Under its usuaf procedures, DTC mails an Omnibus Proxy to the Issuer or Bond Registrar as soon as possible after the record date. The Omnibus Proxy assigns Cede Co.'s consenting or voting rights to those Direct Participants to whose accounts the Obligations are credited on the record date (identified in a listing attached to the Omnibus Proxy). -3- Payment of principal, interest, and redemption premium, if any, on the Obligations will be made to Cede Co. or such other nominee as may be requested by an authorized representative of DTC. DTCs practice is to credit Direct Participants' accounts, upon DTC's receipt of funds and corresponding detail information from the Issuer or its agent on the payable date in accordance with their respective holdings shown on DTCs records. Payments by Participants to Beneficial Owners will be govemed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC (nor its nominee), the Bond Registrar, or the Issuer, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal, interest, and redemption premium, if any, to Cede Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the Bond Registrar, Issuer, or the lssuer's agent. Disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. A Beneficial Owner shall ive notice to elect to have its Obli i 9 at ons urchased or tendered thro 9 p u hi P i g ts art cipant, to Trustee, and shall effect delivery of such Obligations by causing the Direct Partici ant to tran f p s er the Partici ant s inter est in the Obli ations n P o DTC s records to 9 Trustee. The requirement for physica! delivery of Obligations in connection with an optionat tender or a mandatory purchase will be deemed satisfied when the ownership rights in the Obligations are transferred by Direct Participants on DTCs records and followed by a book- entry credit of tendered Obligations to Trustee's DTC account. DTC may discontinue providing its services as securities depository with respect to the Obligations at any time by giving reasonable notice to the Issuer or its agent. Under such circumstances, in the event that a successor securities depository is not obtained, certificates are required to be printed and delivered. The Issuer may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, certificates will be printed and delivered to DTC. The information in this section concerning DTC and DTC's book-entry system has been obtained from sources that the Issuer believes to be reliable, but the Issuer takes no responsibility for the accuracy thereof. AUTHORITY AND PURPOSE The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. Proceeds of the Bonds, along with available funds, will be used to finance various improvement projects within the City. The composition of the Bonds is as follows Project Costs $2,564,234 Less: Available Funds (224,302) Plus: Costs of Issuance 30,948 Allowance for Discount Bidding 19,120 Total Bonds $2,390,000 -4- t:. SECURITY AND FINANCING The Bonds are general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City pledges special assessments levied against benefited property for repayment of the Bonds. Special assessments in an aggregate principal amount of $818,116 were filed in 2007 for first collection in 2008. Additional special assessments in an aggregate principal amount of $1,746,118 were filed in 2008 for first collection in 2009. All special assessments have a term of ten years with equal annual payments of principal. Interest on the unpaid balance will be charged at a rate of 6.0%. Special assessments, if collected in full, will be sufficient to pay 105% of the interest payment due August 1 in the year of collection and the principal and interest payment due February 1 the following year. The City does not expect the need to levy taxes for repayment of the Bonds. FUTURE FINANCING The City anticipates issuing approximately $2,600,000 of general obligation water revenue bonds in the first half of 2009. LITIGATION The City is not aware of any threatened or pending litigation affecting the validity of the Bonds or the City's ability to meet its financial obligations. LEGALITY The Bonds are subject to approval as to certain matters by Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, as Bond Counsel. Bond Counsel has not participated in the preparation of this O�cial Statement and will not pass upon its accuracy, completeness, or sufficiency. Bond Counsel has not examined nor attempted to examine or verify, any of the financial or statistical statements, or data contained in this Official Statement and will express no opinion with respect thereto. A legal opinion in substantially the form set out in Appendix I herein will be delivered at closing. TAX EXEMPTION At closing Briggs and Morgan, Professional Association, Bond Counsel, will render an opinion that, at the time of their issuance and delivery to the original purchasers, under present federal and State of Minnesota laws, regulations, rulings and decisions (which excludes any pending legislation which may have a retroactive effect), the interest on each Bond is excluded from gross income for purposes of United States income tax and is excluded, to the same extent, in computing both gross income and taxable net income for purposes of State of Minnesota income tax (other than Minnesota franchise taxes measured by income and imposed on -5- corporations and financial institutions), and that interest on the Bonds is not an item of tax preference for purposes of computing the federal alternative minimum tax imposed on individuals and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; provided that interest on the Bonds is subject to federal income taxation to the extent it is included as part of adjusted current eamings for purposes of computing the altemative minimum tax imposed on certain corporations. No opinion will be expressed by Bond Counsel regarding other federal or state tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. Preservation of the exclusion of interest on the Bonds from federal gross income and state gross and taxable net income, however, depends upon compliance by the City with all requirements of the Internal Revenue Code of 1986, as amended, (the "Code") that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be (or continue to be) excluded from federal gross income and state gross and taxable net income. The City will covenant to comply with requirements necessary under the Code to establish and maintain the Bonds as tax-exempt under Section 103 thereof, including without limitation, requirements relating to temporary periods for investments and limitations on amounts invested at a yield greater than the yield on the Bonds. OTHER FEDERAL AND STATE TAX CONSIDERATDNS Property and Casualty Insurance Companies Property and casualty insurance companies are required to reduce the amount of their loss reserve deduction by 15% of the amount of tax-exempt interest received or accrued during the taxable year on certain obligations acquired after August 7, 1986, including interest on the Bonds. Foreign Insurance Companies Foreign companies carrying on an insurance business in the United States are subject to a tax on income which is effectively connected with their conduct of any trade or business in the United States, including "net investment income." Net investment income includes tax-exempt interest such as interest on the Obligations. Branch Profits Tax A foreign corporation is subject to a branch profits tax equal to 30% of the "dividend equivalent amount" for the taxable year. The "dividend equivalent amount" is the foreign corporation's "effectively connected earnings and profits" adjusted for increase or decrease in "U.S. net equity." A branch's earnings and profits may include tax-exempt municipal bond interest, such as interest on the Bonds. Passive Investment Income of S Corporations Passive investment income, including interest on the Bonds, may be subject to federal income taxation under Section 1375 of the Code for an S corporation that has Subchapter C earnings and profits at the close of the taxable year if more than 25% of the gross receipts of such S corporation is passive investment income. -6- Financial Institutions For federal income tax purposes, financial institutions are unable to deduct any portion of the interest expense allocable to the ownership of certain tax-exempt obligations acquired after August 7, 1986, including the Bonds but for the designation as Bank-Qualified Tax-Exempt Bonds below. See "Bank-Qualified Tax-Exempt Obligations" below. State Tax Exemption The 1995 Minnesota Legislature enacted a law that included interest on obligations of Minnesota governmental units and Indian tribes in net income of individuals, estates and trusts for Minnesota income tax purposes if a court determines that Minnesota's exemption of such interest unlawfully discriminates against interstate commerce because interest on obligations of govemmental issuers located in other states is not excluded. This law applies to taxable years that begin during or after the calendar year in which any such court decision becomes final, irrespective of the date on which the obligations were issued. The Court of Appeals of Kentucky recently held that Kentucky's exemption of interest on its own bonds, but not of interest on the bonds of other states, unlawfully discriminates against interstate commerce. In a decision released May 19, 2008, the United States Supreme Court has overtumed this decision and confirmed the constitutionality of a state exempting from its own income tax the interest on bonds issued by itself and its political subdivisions while taxing the interest on other bonds. General The preceding is not a comprehensive list of all federal or State tax consequences which may arise from the receipt or accrual of interest on the Bonds. The receipt or accrual of interest on the Bonds may otherwise affect the federal income tax (or Minnesota income tax or franchise tax) liability of the recipient based on the particular taxes to which the recipient is subject and the particular tax status of other items of income or deductions. All prospective purchasers of the Bonds are advised to consult their own tax advisors as to the tax consequences of, or tax considerations for, purchasing or holding the Bonds. BANK-QUALIFIED TAX-EXEMPT OBLIGATIONS The City will designate the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1 986, as amended, relating to the ability of financial institutions to deduct from income for federal income tax purposes, interest expense that is allocable to carrying and acquiring tax-exempt obligations. -7- RATING An appiication for a rating of the Bonds has been made to Moody's Investors Service ("Moody's"), 7 World Trade Center, 250 Greenwich Street, 23`� Floor, New York, New York. If a rating is assigned, it will reflect only the opinion of Moody's. Any explanation of the significance of the rating may be obtained only from Moody's. There is no assurance that a rating, if assigned, will continue for any given period of time, or that such rating will not be revised or withdrawn if, in the judgment of Moody's, circumstances so warrant. A revision or withdrawal of the rating may have an adverse effect on the market price of the Bonds. FINANCIAL ADVISOR The Cit h as retained y Springsted Incorporated, Public Sector Advisors, of St. Paul, Minnesota as financial advisor (the Financial Advisor') m connection with the issuance of the Bonds. In preparing the Official Statement, the Financial Advisor has relied upon govemmental officials, and other sources, who have access to relevant data to provide accurate information for the Official Statement, and the Financial Advisor has not been engaged, nor has it undertaken, to independently verify the accuracy of such information. The Financial Advisor is not a public accounting firm and has not been engaged by the City to compile, review, examine or audit any information in the Official Statement in accordance with accounting standards. The Financial Advisor is an independent advisory firm and is not engaged in the business of underwriting, trading or distributing municipal securities or other public securities and therefore will not participate in the underwriting of the Bonds. CERTIFICATION The City has authorized the distribution of this Official Statement for use in connection with the initial sale of the Bonds. As of the date of the settlement of the Bonds, the Purchaser will be furnished with a certificate signed by the appropriate officers of the City. The certificate will state that as of the date of the Official Statement, the Officia! Statement did not and does not as of the date of the certificate contain any untrue statement of material fact or omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. -8- CITY PROPERTY VALUES 2007 Indicated Market Value of Taxable Property: $2,374,417,137* Indicated market value is calculated by dividing the taxable market value of $2,189, 212, 600 by the 2007 sales ratio of 92.2% for the City as deterrnined by the State Department of Revenue. 2007 Taxabie Net Tax Capacity: $25,939,858 2007 Net Tax Capacity $26,190,151 Less: Captured Tax Increment Tax Capacity (2,405,929) Contribution to Fiscal Disparities (2,47Q,328) Plus: Distribution from Fiscal Disparities 4,625.964 2007 Taxable Net Tax Capacity $25,939,858 2007 Taxable Net Tax Capacity by Type of Property Real Estate: Residential Homestead $16,033,784 61.8% Commercial/Industrial, Public Utility, Agricultural and Railroad* 7,490,836 28.9 Residential Non-Homestead 2,123,423 8.2 Personal Property 291.815 1.1 Total $25,939,858 100.0% Reflects adjustmenfs for fiscal disparities and captured tax increment fax capacity. Trend of Values Indicated Taxable Taxable Net Market Value�al Market Value Tax CapacitX� 2007 $2,374,417,137 $2,189,212,600 $25,939,858 2006 2,380,535,135 2,113,915,200 24,453,648 2005 2,210,769,673 1,960,952,700 22,319,064 2004 2,171,503,981 1,800,176,800 20,275,794 2003 2,033,985,982 1,625,154,800 18,588,859 �a1 Indicated market values are calcu/ated by dividing the faxable market value by fhe sales ratio as certified for the City each year by fhe State Department of Revenue. �b1 See Appendix ll! for an explanation of taxab/e net tax capacify and the Minnesota property tax system. -9- Ten of the Largest Taxpayers in the City 2007 Net Taxaaver �e of Propertv_ Tax Capacitv Brooks Mali Properties LLC Brookdale Mall 261,190 Brookdale Comer LLC Retail 209,850 Medtronic Inc. Industrial 199,398 Regal Cinemas Inc. Theater 185,970 TLN Lanel Ltd Partnership Apartments 171,363 Twin Lakes Business Park Apartments 171,170 Target Corporation Retail 165,450 City-County Federal Credit Union Credit Union 132,650 Melrose Gates LLC Apartments 127,069 DHM Minneapolis Hotel LP Commercial 118.050 Total $1,742,160* Represents 6. 7% of the City's 2007 taxable net tax capacity. CITY INDEBTEDNESS Legal Debt Limit` Legal Debt Limit (3% of Taxable Market Value) $65,676,378 Less: Outstanding Direct Debt Subject to Limit (3.275.000) Legal Debt Margin as of September 30, 2008 $62,401,378 Beginning with issues having a settlement date after June 30, 2008, state statutes have increased the legal debt limit from 2% to 3% of the City's taxable markef va/ue. The legal debt limit is statutorily referred to as the "IVet Debt Limit" and allows debt to be offset by debf service funds and current revenues which are applicable to the payment of debt in the current fisca! year. To conservatively state the legal debt margin, no such offset has been used to increase the margin as shown above. General Obligation Debt Supported by Taxes' Principal Date Original Final Outstanding of Issue Amount Pumose Maturitv As of 9-30-08 1-1-04 $5,045,000 Police and Fire Building Refunding 2-1-2013 $3,275,000 This issue is subject to the statutory debt limit. -10- General Obligation Debt Supported Primarily by Taxes and/or Special Assessments Principal Date Original Final Outstanding of Issue Amount Purpose Maturitv As of 9-30-08 12-1-98 $1,085,000 Improvements 2-1-2009 95,000 12-1-99 1,585,000 Improvements 2-1-2010 305,000 12-1-00 735,000 Improvements 2-1-2011 200,000 12-1-01 730,000 Improvements 2-1-2012 265,000 1-1-03 1,205,000 Improvements 2-1-2013 560,000 12-1-04 1,010,000 Improvements 2-1-2015 675,000 12-15-06 1,460,000 I mprovements 2-1-2017 1,200,000 12-15-08 2,390,000 Improvements (this Issue) 2-1-2019 2.390.000 Total $5,690,000 General Obligation Debt Supported by Tax Increment Principal Date Original Final Outstanding of Issue Amount Purpose Maturitv As of 9-30-08 1-1-04 2,470,000 Taxable Tax Increment Refunding 2-1-2011 1,230,000 12-1-04 17,245,000 Taxable Tax Increment 2-1-2020 14,995,000 6-1-08 4,335,000 Taxable Tax Increment 2-1-2018 4.335,000 Total $20,560,000 Annual Calendar Year Debt Service Payments Including This Issue G.O. Debt Supported G.O. Debt Supported Primarily by Taxes bv Taxes and/or Special Assessments Principal Principal Yea� Principal 8� Interest PrinciQal Interest�a� 2008 (at 9-30) (Paid) (Paid) (Paid) (Paid) 2009 610,000 703,902.50 765,000 939,395.83 2010 640,000 715,152.50 920,000 1,099,278.75 2011 640,000 695,632.50 745,000 892,577.50 2012 685,000 719,581.25 670,000 790,648.75 2013 700,000 711,725.00 590,000 686,478.75 2014 475,000 550,673.75 2015 465, 000 521, 850. 00 2016 370,000 409,560.00 2017 300,000 325,050.00 2018 230,000 243,005.00 2019 160,000 163.800.00 Total $3,275,000 $3,545,993.75 $5,690,OOO�b� $6,622;298.33 (a1 lncludes the Bonds at an assumed average annual interest rate of 4.40%. 97.2% of this debt will be retired within ten years. -11- Annual Calendar Year Debt Service Payments Including This Issue (Continued) G.O. Debt Supported bv Tax Increment Principal Year Principal Interest 2008 (at 9-30) (Paid) (Paid) 2009 2,765,000 3,675,140.83 2010 2,785,000 3,568,961.25 2011 1,290,000 1,992, 530.00 2012 925,000 1, 576,743.75 2013 1, 365, 000 1, 963,106.25 2014 1,430, 000 1, 962,100.00 2015 1, 505,000 1, 967, 393.75 2016 1, 575, 000 1, 963, 900.00 2017 1,665,000 1,974,337.50 2�18 1,735,000 1,958,962.50 2019 1,720,000 1,856,325.00 2020 1,800.000 1,846,125.00 Total $20,560,000' $26,305,625.83 82. 9% of this debf will be retired within ten years. Summa of Gen ral e Obli ation D' rY 9 irect Debt Gross Less: Debt Net Debt Service Funds' Direct Debt G.O. Debt Supported by Taxes 3,275,000 $(1,991,833) 1,283,167 G.O. Debt Supported Primarily by Taxes and/or Special Assessments 5,690,000 (2,525,918) 3,164,082 G.O. Debt Supported by Tax Increment 20,560,000 -0- 20,560,000 Debt service funds are as of September 30, 2008 and include money to pay both principa! and interest. -12- Indirect General Obligation Debt Debt Applicable to 2007 Taxable G.O. Debt Tax Caqacitv in Citv Taxina Unit�al Net Tax Capacitv As of 9-30-08�b1 Percent Amount Hennepin County $1,602,797,286 $491,295,000 1.6% 7,860,720 Hennepin County Regional Railroad 1,602,797,286 44,900,000 1.6 718,400 Three Rivers Park District 1,192,261,639 78,025,000 2.2 1,716,550 ISD No_ 11 (Anoka-Hennepin) 47,824,490 146,832,199 7.Q 10,278,254 ISD No. 279 (Osseo) 166,174,621 163,610,000 5.4 8,834,940 ISD No. 281 (Robbinsdale) 108,649,682 168,780,000 5.3 8,945,340 ISD No. 286 (Brooklyn Center) 7,929,162 29,600,000 100.0 29,600,000 Metropolitan Council 3,594,085,267 21,120,000��1 0.8 168,960 Metropolitan Transit District 2,807,278,163 194,335,OOO�d1 1.0 1,943.350 Total $70, 066, 514 �a� Only those taxing units with debt outstanding are shown here. �b� Excludes general obligation tax and aid anticipation debt and revenue supported debt. Includes annua/ appropriation lease obligations. Excludes general obligation debt payable from sewer system revenues, 911 user fees, and housing rental payments. Includes cert�cafes of participation. �d1 Includes lease revenue bonds, subject to annua/ appropriation, issued by the Bloomington Port Authorify for construcfing and equipping a transit station and parking ramp. Debt Ratios G.O. Net G.O. Indirect 8� Direct Debt Net Direcf Debf To 2007 lndicated Market Value ($2,374,497,137) 1.05% 4.00% Per Capita (28,137 2007 State Demographer's Estimate) $889 $3,379 -13- CITY TAX RATES, LEVIES AND COLLECTIONS Tax Capacity Rates for a City Resident in Independent School District No. 286 (Brooklyn Center) 2007/08 For 2003/04 2004/05 2005/06 2006/07 Total Debt Onlv Hennepin County 47.324% 44.172% 41.016% 39.110% 38.571 3.131 City of Brooklyn Center�al 53.693 51.723 48.069 45.366 45.081 -0- ISD No. 286 (Brookiyn Center)� 39.892 36.159 39.781 36.154 37.519 25.310 Special Districts��� 7.488 7.382 6.998 7.310 7.396 3.336 Total 148.397% 139.436% 135.864% 127.940% 128.567% 31.777% �a1 The City also has a 2007/08 fax rate of 0.03346% s read on the market value of ro ert in I p p p y support of debt service. The Ci 's tax ca ac� rate in l c udes the Br kl n h' p�y oo y Center Housing and Redevelopment Authority and Economic Development Aufhority. �b1 Independent School District No. 286 (Brooklyn Cenfer) also has a 2007/08 fax rafe of 0.05676% spread on the market value of property in support of an excess operating lery. (c) S ecial districf in p s clude Metropolitan Council, Mosquito Control, Metropolitan Transit, Hennepin Park Museum, Henne in Coun Re iona p ty g Rai1 Authority, and Three Rivers Park Districf. NOTE: Taxes are determined by multiplying the net tax capacity by the tax capacify rate, plus multiplying fhe referendum market value by the market value rate. This tab/e does nof include the market value based rafes. (See Appendix lll.) Tax Levies and Collecti ons Collected During Collected Net Collection Year As of 12-31-07 Levv/Collect Levv_ Amount Percent Amount Percent 2007/08 $12,437,416 (In process of collection) 2006/07 11,368,578 $11,070,386 97.4% $11,070,386 97.4% 2005/ 6 0 10,971,063 10,697,637 97.5 10,889,455 99.3 2004/ 05 10 586 264 10 ,403,359 98.3 10,559,494 99.7 2003/04 9,994,049 9,504,581 95.1 9,978,525 99.8 The net levy excludes sfate aid for property tax relief and fiscal disparities, if applicable. The net levy is the basis for computing tax capacity rates. -14- FUNDS ON HAND As of September 30, 2008 Fund Cash and Investments General 4,570,715 Special Revenue 13,091,509 Capital Projects 608,401 Debt Service: Taxes 1, 991, 833 Special Assessments 2,525,918 Enterprise 10,798,477 Intemal Service 7.158.360 Total $40,745,213 CITY INVESTMENTS The City's investment policy, last revised in October 2006, has the objectives of preserving safety of principal, retaining sufficient liquidity, providing a market rate of retum, and yielding stable earnings on invested City funds. Minnesota Statutes, Chapter 118A, authorize and define an investment program for municipal governments. The City may invest in the following instruments allowed by Minnesota Statutes: a. Securities that are the direct obligations or are guaranteed or insured issues of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress; including govemmental bills, notes, bonds, and other securities. b. Commercial paper issued by U.S. corporations or their Canadian subsidiaries that is rated in the highest quality by at least finro nationally recognized rating agencies and matures in 270 days or less. These investments are limited by City policy to funds that are professionally managed and include a mix of investments. c. Time deposits that are fully insured by the Federal Deposit Insurance Corporation or bankers acceptances of U.S. banks. d. Repurchase agreements and reverse repurchase agreements may be entered into with financial inst�tutions identified by Minnesota Statutes, Chapter 118A. e. Securities lending agreements may be entered into with financial institutions identified by Minnesota Statutes, Chapter 118A. f. Minnesota joint powers investment trusts may be entered into with trusts identified by Minnesota Statutes, Chapter 118A g. Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of short-term securities permitted by Minnesota Statutes, Chapter 118A. h. Bonds of the City of Brooklyn Center issued in prior years may be redeemed at current market price, which may include a premium, prior to maturity using surplus funds of the debt service fund set up for that issue. Such repurchased bonds shall be canceled and removed from the obligation of the fund. -15- Derivative securities, which obtain their value by the calculation of some portion of the value of another security, shall not be purchased. Mortgage-backed securities, which are not agency securities backed by the United States govemment, and stripped securities also shall not be purchased pursuant to the City's investment policy. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overail portfolio. Safety of principal is the foremost objective. Liquidity and yield are also important considerations. It is essential that the investment portfolio remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The investment portfolio of the City shall be designed to attain a market-average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints and liquidity needs. Return on investment is of least importance compared to the objectives for safety and liquidity. Securities shall be heid to maturity with the exceptions of meeting the liquidity needs of the portfolio and minimizing loss of principal for a security of declining credit. Securities of various maturities shall be purchased so that at least half of the investment portfolio will remain for finro or more years with known interest rates. Authority to manage the investment program is vested in the City Manager, City Treasurer, and Assistant Finance Director, with the City Treasurer responsible for establishing and maintaining an internal control structure to provide reasonable assurance that the objectives of the investment policy are met. As of September 30, 2008, the City had $40,138,716 (par value) invested, with a market value of $40,126,302 (100% of the original cost to the City plus amortized premium). Government agency securities totaled $8,000,000, representing 20% of the portfolio. Certificates of deposit totaled $4,416,000, representing 11% of the portfolio. The balance of $27,722,716, representing 69% of the portfolio, was invested in money market accounts. All of the investments in the City's portfolio mature within 60 months or less. The longest investment held by the City is currently scheduled to mature in August of 2013. GENERAL INFORMATION CONCERNING THE CITY The City of Brooklyn Center is a northern suburb of the Minneapolis/Saint Paul metropolitan. area, adjacent to the City of Minneapolis. The City is wholly within Hennepin County and encompasses an area of approximately 8.5 square miles (5,500 acres). The Mississippi River forms the City's eastern boundary. The City experienced its most rapid growth from 1950 to 1970 when the City's population grew from 4,300 to its peak of 35,173. The State demographer's 2007 population estimate for the City was 28,137. The 2000 U.S. Census count for the City was 29,172, a 1.0% increase from the 1990 Census. Major transportation routes in and through the City, including Interstate Highways 94 and 694 and State Highways 100 and 252, have provided a continued impetus for the development of the City's commercial tax base. -16- Growth and Development Commerciai and Industrial property comprises approximatefy 29% ofi the City's taxable net tax capacity. There are four major shopping centers located in the City in addition to a number of other retail establishments. These include Kohl's Department Store, Cub Foods, Schmitt Music, and several car dealerships. The largest commercial property in the City is Brookdale Mall, a 1 million square-foot regional shopping center. The center is anchored by Sears and Macy's. The other retail centers in the City are Brookdale Square, a 125,000 square-foot strip mall with an eight-screen movie theater; Shingle Creek Center, a 157,000 square-foot complex anchored by Target; and Brookview Plaza, a 70,000 square-foot center anchored by Best Buy. Additionally, Regal Cinema operates a theater complex with 20 screens in an 85,000 square-foot facility. The U.S. General Services Administration (GSA) and the City executed a Development Agceement and Purchase Option for 8 acres of land at the intersection of Interstate 94 and Highway 100. This land, acquired by the City for redevelopment in 2007, will be the site of a new 140,000 square-foot Class A office building with adjacent parking ramp. The site will be developed by a third party on behalf of the GSA and will be fully taxable, expanding the City's tax base significantly. The Federal Bureau of Investigation will be the major tenant in the building with a 20-year lease. Adjacent to the site is an additional 5.4 acres of redevelopment land being considered for ancillary purposes. An Embassy Suites hotel of 175 rooms is under construction and scheduled to open in the fall of 2009. The hotel will be connected to the City's Earle Brown Heritage Center meeting and conference facility. A portion of the conference center is being leased by Embassy Suites to develop and operate a spa. It is expected that the availability of adjacent hotel facilities will allow the conference facility to attract conferences and conventions that have, in the past, not been interested because of lack of hotel facilities immediately adjacent to the facility. Buildings have been cleared from the Brookdale Ford site at Highway 100 and County Road 10. Environmental concems have been addressed and the site is available and being marketed for redevelopment. This convergence of highways makes the City an attractive site for hotels and motels. Currently operating in the City are Americlnn, Comfort Inn, Country Inn Suites, Days Inn, Extended Stay America, Crown Plaza Hotel, Motel 6, and Super 8 Motel. Summary of Building Permits New Residential Total Permits Permits onlv�a� Year Number Value Number Value 2008 (at 9-30) 589 $21,003,333�b1 0 -0- 2007 1,076 19,599,553 2 490,000 2006 1,293 20,424,730 3 401,248 2005 1,043 19,004,355 17 2,328,500 2004 792 21,613,050 15 1,616,000 2003 886 53,918,257 15 2,003,000 2002 476 50,701,779 2 280,000 2001 954 63,720,613 0 -0- 2000 1,299 20,450,844 3 311,800 1999 1,745 44,188,569 7 679,600 �a1 Includes townhomes. �b� Includes the Embassy Suites Hote/ mentioned above. -17- Major Employers in the City Approximate Number Emplover Product/Service of Emplovees Brookdale Center Shopping center 1,900 Promeon, Division of Medtronic, Inc. Medical devices 1,350 Graco, Inc. Spray paint equipment 800 Independent School District Na 286 (Brooklyn Center) Education 303 Nations Care Link Healthcare 225 Cub Foods Grocery 170 City of Brooklyn Center Government 153' Best Buy Electronics 145 Target Retail 140 TCR Corporation Metal components 140 KohPs Retail 100 Cass Screw Machine Products Screw machine parts 100 Precision Inc. Electronic transformers and coils 100 Hiawatha Rubber Company Custom rubber molder 81 Northwest Athletic Club Health club 80 Creative Banner Assemblies Banners and flags 75 SL Power Electronics Electronics 12 Full-time emp/oyees. Source: Telephone survey of individual employers, April 2008. Labor Force Data October 2008 October 2007 Civilian Unemployment Civilian Unemployment Labor Force Rate Labor Force Rate Hennepin County 662,001 5.3% 662,280 3.9% Minneapolis/St. Paul MSA 1,848,402 5.3 1,849,104 3.9 State of Minnesota 2,945,739 5.3 2,930,555 4A Source: Minnesofa Department of Employment and Economic Development. 2008 data are preliminary. Financial Institutions Branch facilities of financial institutions located in Brooklyn Center include: Wells Fargo Bank, National Association; Bremer Bank, National Association; and TCF National Bank, as well as numerous credit unions. -18- Education The City is served by four independent school districts: Independent School District No. 279 (Osseo), Independent School District No. 286 (Brooklyn Center), Independent School District No. 281 (Robbinsdale) and Independent School District No. 11 (Anoka-Hennepin). The City's taxable net tax capacity is attributable to each of the four school districts as follows: Portion of 2007 Taxable Net Tax Canacifir Located in the Citv of Total ISD No. 279 (Osseo) 8,887,448 34.3% ISD No. 286 (Brooklyn Center)'` 7,929,162 30.6 ISD No. 281 (Robbinsdale) 5,771,793 22.2 ISD No. 11 (Anoka-Hennepin) 3.351.455 12.9 Total $25,939,858 100.0% Independent School District No. 286 is located entirely within the City of BrookJyn Center. Medical Major medical facilities in the Minneapolis/St. Paul metropolitan area are easily accessible to City residents. North Memorial Medical Center is located in the adjacent City of Robbinsdale and has 518 acute care beds. Unity Hospital is located in the adjacent City of Fridley and has 275 acute care beds. Source: http://www.health.state.mn.us/divs/ipc✓directory/fpcdir.html GOVERNMENTAL ORGANIZATION AND SERVICES Organization Brooklyn Center has been a municipal corporation since 1911 and is governed under a Home Rule Charter adopted in 1966 and subsequently amended. The City has a Council-Manager form of government. The Mayor and four Council Members are elected to serve overlapping four-year terms. The following are the current City Council members: Exqiration of Term Tim Willson Mayor December 31, 2010 Kay Lasman Council Member December 31, 2012 Mary O'Connor Council Member December 31, 2008'' Dan Ryan Council Member December 31, 2010 Mark Yelich Council Member December 31, 2010 Council Member Mary O'Conner was defeated in the November 4, 2008 election. Mr. Tim Roche wil! take office in January 2009 with a term expiration of December 39, 2012. The City Manager, Mr. Cornelious L. Boganey, is responsible for the administration of Council policy and the daily management of the City. The Manager is appointed by the Council and serves at its discretion. Mr. Boganey has served the City in this position since June 2006. Prior to that, Mr. Boganey served as the City's Assistant Manager since March 2003. He has also served as City Manager in Brooklyn Park, Minnesota and Port Arthur, Texas, and as Assistant City Manager in Kalamazoo, Michigan. -19- The Director of Fiscal and Support Services, Mr. Daniei Jordet, is responsible for directing the City's financial operations, including preparation of the comprehensive annual financial report and interim reports, and the investment of City funds. Mr. Jordet has served in this position since January 2004. He has also served as Finance Director in Waverly, lowa and Saint Peter, Minnesota, as City Administrator in Saint Peter, Minnesota, and as Deputy City Manager/Chief Financial Officer in Mankato, Minnesota. Services The City has 153 full-time employees serving in various departments. 47 full-time sworn police office rs and a support staff of 15 provide protective services in the City. Fire protection is provided by one full-time Chief and a 35-member volunteer force. The City has two fire stations and a class 4 insurance r' ating. All areas of the City are senriced by municipal water and sewer systems. Water is supplied by nine wells and storage is provided by three elevated tanks with a combined total capacity of 3.0 million gallons. The municipal water system has a pumping capacity of 17.6 million gallons per day (mgd). The average daily water demand is estimated to be 2.5 mgd and peak demand is estimated to be 10 mgd. Water connections totaled 8,903 as of December 31, 2007. Although the City owns and maintains its own sanitary and storm sewer collection systems, wastewater treatment facilities are owned and operated by the Metropolitan Council's Office of Environmental Services. The City is billed an annual service charge by Met Council, which charge is adjusted each year based on the prior years' actual usage. The City had 8,805 sewer connections at the end of 2007. The City leases space for the operation of its two municipal liquor store facilities. The leases are both 10-year leases, which began in June 2000 and 2003, with options of additional 10-year extensions. City offices are located in the City's Civic Center, which also includes community facilities such as exercise and game rooms, cfassrooms, craft rooms, a 300-seat hall, and a 50-meter indoor/outdoor swimming pool. The City maintains 527 acres of parkland, much of which is located along Shingle Creek forming a"green way" north to south through the City. Recreational facilities include a par 3 nine-hole golf course, 20 playgrounds, softball and baseball diamonds, basketball courts, tennis courts, hockey and skating rinks, nature areas, trails, and an arboretum. Employee Pension Plans All full-time and certain art-time em lo ees of the Ci ar P p y ty e covered by defined benefit ension P plans administered by the Public Employees Retirement Association of Minnesota (PERA). PERA administers the Public Employees Retirement Fund (PERF) and the Public Employees Police and Fire Fund (PEPFF) which are cost-sharing, multiple-employer retirement plans. PERF members belong to either the Coordinated Plan or the Basic Plan. Coordinated mernbers are covered by Social Security and Basic members are not. All new members must participate in the Coordinated Plan. All police officers, fire fighters, and peace officers who qualify for membership by statute are covered by the PEPFF. The City's contributions to PERF for the years ended December 31, 2007, 2006, and 2005, were $392,528, $363,334, and $326,886, respectively. The City's contributions to PEPFF for the years ended December 31, 2007, 2006, and 2005 were $374,495, $318,913, and $274,868, respectivefy. The contributions were equal to the required contributions for each year as set by State Statute. The City also contributes to the Brooklyn Center Fire Department Relief Association, a single-employer retirernent system providing retirement benefits to volunteer firefi hter g s. Contributions totaled 161 ,019 in 2006 (most recent informafion available) and were paid entirely by the State. -20- Other Post-Employment Benefits The Govemmental Accounting Standards Board (GASB) has issued Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions (GASB 45), which addresses how state and local govemments must account for and report their obligations related to post-employment healthcare and other non-pension benefits (referred to as Other Post Employment Benefits or "OPEB"). GASB 45 requires that local govemments account for and report the annual cost of OPEB and the outstanding obligations and commitments related to OPEB in essentially the same manner as they currently do for pensions. The City provides continued health insurance coverage for retired City employees who meet PERA eligibility requirements and have at least 25 continuous full-time uninterrupted years of service with the City. This coverage does not extend to the retiree's family, except that if the retiree desires to continue family coverage, the coverage can be continued if the retiree reimburses the City for the additional premium cost in excess of single coverage. This benefit began in 1986 and was subsequently discontinued for employees hired after January 31, 1992. As of December 31, 2007, the City had 52 eligible participants. The City currently finances the plan on a pay-as-you-go basis. During 2007, the City expended $76,866 for these benefits. The retiree health benefits discussed above are the City's only OPEB. Beginning with the fiscal year ending December 31, 2008, the City must report an annual OPEB cost based on actuarially determined amounts that, if paid on an ongoing basis, will provide sufficient resources to pay these benefits as they come due. The City has hired the Stanton Group to perforrn an actuarial analysis of the projected yearly cost of these benefits. The completed Stanton Group's report will be used by the City in preparing its 2008 Comprehensive Annual Financial Report is not yet complete and it is not known at this point what the City's liability will be with respect to these benefits. The recorded City OPEB liability in those statements will be $1,335,082 for December 31, 2008. General Fund Budget 2006 2007 2008 Actual Actual Bud4et Revenues: Property Taxes $10,418,863 $11,088,016 $11,233,679 Sales Tax (Lodging) 738,776 706,930 665,000 Licenses and Permits 722,633 673,156 723,845 Intergovemmental Revenue 1,269,005 1,797,631 1,652,008 Charges for Services 683,968 693,300 694,104 Fines and Forfeits 256,600 291,423 248,000 Miscellaneous Revenue 249,029 338,465 235,200 Administrative Reimbursements 76,210 744,590 67,000 Total Revenues $14,415,084 $16,333,511 $15,518,836 Expenditures: General Government 2,746,892 2,983,226 3,124,290 Public Safety 6,688,775 7,359,474 7,220,845 Public Works 2,586,003 1,967,385 2,944,329 Community Services 474,091 74,389 393,894 Parks and Recreation 1,312,432 2,293,513 1,394,957 Economic Development 488,045 335,729 735,618 Miscellaneous (165,396) 354,848 (365,097) Transfers to Other Funds 70,000 531,723 70,000 Total Expenditures $14,200,842 $15,900,287 $15,518,836 -21 APPENDIX i PROPOSED FORM OF LEGAL OPINION B�� I �y W2200 Frst Nationai Bank Building T 332 Minnesota Street `J St. Paul MN 55101-1396 A N D tel 65�1.808.6600 fax 651.808.645D $2,390,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008B CITY OF BROOKLYN CENTER HENNEPIN COUNTY MINNESOTA We have acted as bond counsel in connection with the issuance by the City of Brooklyn Center, Hennepin County, Minnesota (the "Issuer"), of its $2,390,000 General Obligation Improvement Bonds, Series 2008B, bearing a date of original issue of December 15, 2008 (the "Bonds"). We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds and we express no opinion relating thereto. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public o�cials furnished to us without undertaking to verify the same by independent investigation. Based upon such examinations, and assuming the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as certified or photostatic copies and the authenticity of the originals of such documents, and the accuracy of the statements of fact contained in such documents, and based upon present Minnesota and federal laws (which excludes any pending legislation which may have a retroactive effect on or before the date hereo�, regulations, rulings and decisions, it is our opinion that: (1) The proceedings show lawful authority for the issuance of the Bonds according to their terms under the Constitution and laws of the State of Minnesota now in force. (2) The Bonds are valid and binding general obligations of the Issuer and all of the taxable property within the Issuer's jurisdiction is subject to the levy of an ad valorem tax to pay the same without limitation as to rate or amount; provided that the enforceability (but not the validity) of the Bonds and the pledge of taxes and special assessments for the payment of the principal and interest thereon is subject to the exercise of judicial discretion in accordance with I-1 general principles of equity, to the constitutional powers of the United States of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted. (3) At the time of the issuance and delivery of the Bonds to the original purchaser, the interest on the Bonds is excluded from gross income for United States income t� purposes and is excluded, to the same extent, from both gross income and t�able net income for State of Minnesota income tax purposes (other than Minnesota franchise taa�es measured by income and imposed on corporations and financial institutions), and is not an item of tax preference for purposes of the federal alternative minimum taa� imposed on individua.ls and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; it should be noted, however, that for the purpose of computing the federal alternative minimum tax imposed on corporations, such interest is taken into account in determining adjusted current earnings. The opinions set forth in the preceding sentence are subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes and from both gross income and taa�able net income for State of Minnesota income tax purposes. Failure to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross income and taxable net income retroactive to the date of issuance of the Bonds. We express no opinion regarding other state or federal tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. Dated at Saint Paul, Minnesota, this day of December, 2008. Professional Association I-2 APPENDIX 11 CONTINUING DISCLOSURE UNDERTAKING This Continuing Disclosure Undertaking (the "Disclosure Undertaking") is executed and delivered by the City of Brooklyn Center, Minnesota (the "Issuer"), in connection with the issuance of $2,390,000 General Obligation Improvement Bonds, Series 2008B (the "Bonds"). The Bonds are being issued pursuant to a Resolution adopted December 8, 2008 (the "Resolution"). Pursua.nt to the Resolution and this Undertaking, the Issuer covenants and agrees as follows: SECTION 1. Purnose of the Disclosure Undertakin�. This Disclosure Undertaking is being executed and delivered by the Issuer for the benefit of the Owners and in order to assist the Participating Underwriters in complying with SEC Rule 15c2-12(b)(5). SECTION 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Undertaking unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any annual financial information provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Undertaking. "Audited Financial Statements" shall mean the financial statements of the Issuer audited annually by an independent certified public accounting firm, prepared pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Boaxd, modified by governmental accounting standards promulgated by the Government Accounting Standards Board. "Dissemination Agent" shall mean such party from time to time designated in writing by the Issuer to act as information dissemination agent and which has filed with the Issuer a written acceptance of such designation. "Fiscal Year" shall be the fiscal year of the Issuer. "Governing Body" shall, with respect to the Bonds, have the meaning given that term in Minnesota Statutes, Section 475.51, Subdivision 9. "MSRB" shall mean the Municipal Securities Rulemaking Boazd. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. The National Repositories as of the date of execution of this Undertaking are as listed on Exhibit A. "Occurrence(s)" shall mean any of the events listed in Section S.A. of this Disclosure Undertaking. "Official Statement" shall be the Official Statement dated November 26, 2008, prepared in connection with the Bonds. "Owners" shall mean the registered holders and, if not the same, the beneficial owners of any Bonds. I I-1 "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Repository" shall mean each National Repository and each State Depository. "Resolution" shall mean the resolution or resolutions adopted by the Goveming Body of the Issuer providin for, and authorizin the issuance of the Bonds. g g "Rule" sha11 mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time or interpreted by the Securities and Exchange Commission. "Sta.te" shall mean the State of Minnesota. "State Depository" shall mean any public or private repository or entity designated by the State as a sta.te depository for the purpose of the Rule. As of the date of this Disclosure Undertaking, there is no State Depository in Minnesota. SECTION 3. Provision of Annual Reports. A. Beginning in connection with the Fiscal Yeaz ending on December 31, 2008, the Issuer shall, or shall cause the Dissemination Agent to, as soon as available, but in any event not later than December 31, 2009, and by December 31 of each year thereafter, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Undertaking. B. If the Issuer is unable to provide to the Repositories an Annual Report by the date required in subsection A, the Issuer shall send a notice of such delay and estimated date of delivery to each Repository or to the MSRB and to the State Depository, if any. C. Any filing under this Disclosure Undertaking may be made solely by transmitting such filing to the Texas Municipal Advisory Council (the "MAC") as provided at httv://www.disclosureusa.or� unless the United States Securities and Exchange Commission has withdrawn the interpretive advice in its letter to the MAC dated September 7, 2004. SECTION 4. Content and Format of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the financial information and operating data pertaining to the Issuer listed below as of the end of the preceding Fiscal Year. The Annual Report may be submitted to each Repository as a single document or as separate documents comprising a package, and may cross-reference other information as provided in this Disclosure Undertaking. The following financial information and operating data shall be supplied: A. An update of the type of information contained in the Official Statement under the caption CITY PROPERTY VALUES; CITY INDEBTEDNESS; and CITY TAX RATES, LEVIES AND COLLECTIONS; B. Audifed Financial Statements of the Issuer. The Audited Financial Statements of the Issuer may be submitted to each Repository separately from the balance of the Annual Report. In the event Audited Financial Statements of the Issuer are not available on or before the date for filin the Annual Re g port with the a ro riate PP P Repositories as set forth in Section 3.A. above, unaudited financial statements sha11 be I I-2 provided as part of the Annual Report. The accounting principles pursuant to which the financial statements will be prepared will be pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, as such principles are modified by the governmental accounting standazds promulgated by the Government Accounting Standazds Board, as in effect from time to time. If Audited Financial Statements are not provided because they aze not available on or before the date for filing the Annual Report, the Issuer shall promptly provide them to the Repositories when available. SECTION 5. RenortinE of Si�nificant Events. A. This Section 5 shall govern the giving of notices of the occurrence of any of the following events with respect to the Bonds, if material: (1) principal and interest payment delinquencies; (2) non-payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax-exempt status of the security; (7) modifications to rights of security holders; (8) Bond calls; (9) defeasances; (10) release, substitution or sale of property securing repayment of the Bonds; and (11) rating changes. B. Whenever an event listed in Section S.A. above has occurred, the Issuer shall as soon as possible determine if such event would constitute material information for Owners of Bonds. If knowledge of the Occurrence would be material, the Issuer shall promptly file a notice of such Occurrence with each National Repository or the MSRB and with the State Depository, if any. C. The Issuer a�ees to provide or cause to be provided, in a timely manner, to each National Repository or the MSRB and to the State Depository, if any, notice of a failure by the Issuer to provide the Annual Reports described in Section 4. SECTION 6. Termination of Reaorting Oblieation. The Issuer's obligations under this Disclosure Undertaking shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. SECTION 7. Dissemination A�ent. The Issuer may, from time to time, appoint ar engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure ndertakin an U d ma dischar e an such A ent with or without a ointin a successor g Y g Y g, PP g Dissemination Agent. SECTION 8. Amendment: Waiver. Notwithstanding any other provision of this Disclosure Undertaking, the Issuer may amend this Disclosure Undertaking, and any provision of I I-3 this Disclosure Undertaking may be waived, if (a) a change in law or change in the ordinary business or operation of the Issuer has occurred, (b) such amendment or waiver would not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof but taking into account any subsequent change in or official interpretation of the Rule, and (c) such amendment or waiver is supported by an opinion of counsel expert in federal securities laws to the effect that such amendment or waiver would not materially impair the interests of Owners. SECTION 9. Additional Information. Nothing in this Disclosure Undertaking shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Undertaking or any other means of communication, or including any other information in any Annual Report or notice of an Occurrence, in addition to that which is required by this Disclosure Undertaking. If the Issuer chooses to include any information in any Annual Report or notice of an Occurrence in addition to that which is specifically required by this Disclosure Undertaking, the Issuer shall have no obligation under this Disclosure Undertaking to update such information or include it in any future Annual Report or notice of an Occunence. SECTION 10. Default. In the event of a failure of the Issuer to provide information required by this Disclosure Undertaking, any Owner may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations to provide information under this Disclosure Undertaking. A default under this Disclosure Undertaking shall not be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure Undertaking in the event of any failure of the Issuer to comply with this Disclosure Undertaking shall be an action to compel performance. SECTION 11. Beneficiaries. This Disclosure Undertaking shall inure solely to the benefit of the Issuer, the Participating Underwriters and Owners from time to time of the Bonds, and sha11 create no rights in any other person or entity. SECTION 12. Reserved Rights. The Issuer reserves the right to discontinue providing any information required under the Rule if a final deternunation should be made by a court of competent jurisdiction that the Rule is invalid or otherwise unlawful or, subject to the provisions of Section 8 hereof, to modify the undertaking under this Disclosure Undertaking if the Issuer determines that such modification is required by the Rule or by a court of competent jurisdiction. Date: December 29, 2008 CITY OF BROOKLYN CENTER, MINNESOTA By Its Mayor By Its Manager i I-4 EXHIBIT A List of Nationally Recognized Municipal Securities Information Repositories Bloomberg Municipal Repository 100 Business Park Drive Skillman, NJ 08558 Phone: 609-279-3225 Fax: 609-279-5962 Email: Munis(a�.Bloomber�.com httu://www.bloombere.com/markets/rates/municontacts.html DPC Data Inc. One Executive Drive Fort Lee, NJ 07024 Phone: 201-346-0701 Fax: 201-947-0107 Email: nrmsir(a�dncdata.com httn://www.MuniFILINGS.com Interactive Data Pricing and Reference Data, Inc. Attn: NRMSIR 100 William Street, 15th Floor New York, NY 10038 Phone: 212-771-6999; 800-689-8466 Fax: 212-771-7390 Email: NRMSIRna.interactivedata.com httn://www.interactivedata-prd.com Standard Poor's Securities Evaluation, Inc. 55 Water Street 45th Floor New York, NY 10041 Phone: 212-438-4595 Fax: 212-438-3975 Email: nrmsir renositorvn,sandn.com www.disclosuredirectorv. standardandnoors.com This list is current as of the date of issuance of the Bonds. I I-5 APPENDIX 1!! SUMMARY OF TAX LEVIES, PAYMENT PROVISIONS, AND MINNESOTA REAL PROPERTY VALUATION (effective through levy year 2007/payab(e year 2008) Foliowing is a summary of certain statutory provisions effective through levy year 2007/payable year 2008 relative to tax levy procedures, tax payment and credit procedures, and the mechanics of real property valuation. The summary does not purport to be inciusive of ali such provisions or of the specific provisions discussed, and is qualified by reference to the complete text of applicable statutes, rules and regulations of the State of Minnesota. Property Valuations (Chapter 273, Minnesota Statutes) Assessor's Estimated Market Value. Each parcel of real property subject to taxation must, by statute, be appraised at least once every five years as of January 2 of the year of appraisal. With certain exceptions, all property is valued at its market value, which is the value the assessor determines to be the price the property to be fairly worth, and which is referred to as the "Estimated Market Value." Limitation of Market Value Increases. Minn. Stat., Sec. 273.91, Subdivision 1a, was amended in 2005. For assessment years 2005 and 2006, the amount of the increase shall not exceed the greater of (1) 15% of the value in the preceding assessment, or (2} 25% of the difference befinreen the current assessment and the preceding assessment. For assessment year 2007, the amount of the increase shall not exceed the greater of (1) 15% of the value in the preceding assessmenf, or (2) 33% of the difference between fhe current assessrnent and the preceding assessment. For assessment year 2008, the amount of increase shall not exceed the greater of (1) 15% of the value in the preceding assessment or (2) 50% of the difference between the current assessment and the preceding assessment. Taxable Market Value. The Taxable Market Value is the value that property taxes are based on, after all reductions, limitations, exemptions and deferrals. It is also the value used to calculate a municipality's legal debt limit. Indicated Market Value. The Indicated Market Value is determined by dividing the Taxable Market Value of a given year by the same year's sales ratio determined by the State Department of Revenue. The Indicated Market Value serves to eliminate disparities between individual assessors and equalize property values statewide. Net Tax Caqacitv. The Net Tax Capacity is the value upon which net taxes are levied, extended and co(lected_ The Net Tax Capacity is computed by applying the class rate percentages specific to each type of property classification against the Taxable Market Value. Class rate percentages vary depending on the type of property as shown on the last page of this Appendix. The formulas and c)ass rates for converting Taxable Market Value to Net Tax Capacity represent a basic element of the State's property tax relief system and are subject to annual revisions by the State Legislature. Property taxes are determined by muftip(ying the Net Tax Capacity by the tax capacity rate, plus multiplying the referendum market value by the market value rate. III-1 Property Tax Payments and Delinquencies (Chapters 275, 276, 277, 279-282 and 549, Minnesota Statutes) Ad valorem property taxes levied by local govemments in Minnesota are extended and collected by the various counties within the State. Each taxing jurisdiction is required to certify the annual tax levy to the county auditor within five (5) working days after December 20 of the year preceding the collection year. A listing of property taxes due is prepared by the county auditor and turned over to the county treasure� on or before the first business day in March. The county treasurer is responsible for collecting all property taxes within the county. Real estate and personal property tax statements are mailed out b March 31. One-half 1/ y 2) of the taxes on real pro ert is due on or b f P Y e ore May 15. The remainder is due on or before October 15. Real property taxes not paid by their due date are assessed a penalty that, depending on the type of property, increases from 2% to 4% on the day after the due date. In the case of the first installment of real property taxes due May 15, the penalty increases to 4% or 8% on June 1. Thereafter an additional 1° /o enalt shall accrue ea h p y c month throu h 9 October 1 of the collection ear for un aid real ro ert taxes. In h Y p p p y t e case of the second installment of real property taxes due October 15, the penalty increases to 6% or 8% on November 1 and increases again to 8% or 12% on December 1. Personal property taxes remainin un aid on Ma 16 are 9 p y deemed to be delin uent and a enal q p t of 8/o attaches to the Y unpaid tax. However, personal property that is owned by a tax-exempt entity, but is treated as taxable by virtue of a lease agreement, is subject to the same delinquent property tax penalties as real property. On the first business day of January of the year following collection all delinquencies are subject to an additional 2% enalt and those d' p elm uencies outstandin as of Febru Y q g ary 15 are filed for a tax lien ud men t with the district cou J 9 rt. By March 20 the county auditor files a publication of legal action and a mailing of notice of action to delinquent parties. Those property interests not responding to this notice have judgment entered for the amount of the delinquency and associated penalties. The amount of the judgment is subject to a variable interest determined annually by the Department of Revenue, and equal to the adjusted prime rate charged by banks but in no event is the rate less than 10% or more than 14°/a. Property owners subject to a tax lien judgment generally have five years (5) in the case of all property located outside of cities or in the case of residential homestead, agricultural homestead and seasonal residential recreational property located within cities or three (3) years with respect to other types of property to redeem the property. After expiration of the redemption period, unredeemed properties are declared tax forfeit with title held in trust by the State of Minnesota for the respective taxing districts. The county auditor, or equivalent thereof, then sells those properties not claimed for a public purpose at auction. The net proceeds of the sale are first dedicated to the satisfaction of outstanding special assessments on the parcel, with any remaining balance in most cases being divided on the following basis: county 40%; town or city 20%; and school district 40%. Property Tax Credits (Chapter 273, Minnesota Statutes) In addition to adjusting the taxable value for various property types, primary elements of Minnesota's property tax relief system are: property tax fevy reduction aids; the circuit breaker credit, which relates property taxes to income and provides relief on a sliding income scale; and targeted tax relief, which is aimed primarily at easing the effect of significant tax increases. The circuit breaker credit and targeted credits are reimbursed to the taxpayer upon application by the taxpayer. Property tax levy reduction aid includes educational aids, loca) governmental aid, equalization aid, county program aid and disparity reduction aid. III-2 Levy Limitations for Counties and Cities (Chapter 366) The 2008 Legislature enacted provisions to establish levy limitations for taxes levied for collection in 2009, 2010 and 2011. Basically, levy increases for cities over 2,500 population and for counties are limited to its levy aid base or levy limit base for collection in the prior year, (1) plus the lesser of 3.9 percent or the percentage growth in the implicit price deflator, (2) plus an adjustment for population increases and (3) plus increases in taxable market value due to new construction of certain class 3 property (commercial/industrial). Certain property tax levies are authorized outside of the new overall levy limitations ("special levies"). Special levies can be made outside of levy limits for multiple purposes including, but not limited to, bonded indebtedness, certificates of indebtedness, tax or aid anticipation certificates of indebtedness, and to provide for the bonded indebtedness portion of payments made to another political subdivision of the State of Minnesota. In order to receive approval for any special levy claims outside of the overall levy limitation, requests for such special levies must be submitted to the Commissioner of Revenue by the date specified in the year in which the levy is to be made for collection in the following year. The Commissioner of Revenue has the authority to approve, reduce, or deny a special levy request. Final adjustments to all levies must be made by the Department of Revenue on or before December 10. Debt Limitations All Minnesota municipalities (counties, cities, towns and school districts) are subject to statutory "net debt" limitations under the provisions of Minnesota Statutes, Section 475.53. Net debt is defined as the amount remaining after deducting from gross debt the amount of current revenues that are applicable within the current fiscal year to the payment of any debt and the aggregate of the principal of the following: 1. Obligations issued for improvements that are payable wholly or partially from the proceeds of special assessments levied upon benefited property. 2. Warrants or orders having no definite or fixed maturity. 3. Obligations payable wholly from the income from revenue producing conveniences. 4. Obligations issued to create or maintain a permanent improvement revolving fund. 5. Obligations issued for the acquisition and betterment of public waterworks systems, and public lighting, heating or power systems, and any combination thereof, or for any other public convenience from which revenue is or may be derived. 6. Certain debt service loans and capital loans made to school districts. 7. Certain obligations to repay loans. 8. Obligations specifically excluded under the provisions of law authorizing their issuance. 9. Certain obligations to pay pension fund liabilities. 10. Debt service funds for the payment of principal and interest on obligations other than those described above. 11. Obligations issued to pay judgments against the municipality. III-3 Levies for General Obligation Debt (Sections 475.61 and 475.74, Minnesata Statutes) Any municipality that issues general obligation debt must, at the time of issuance, certify levies to the county auditor of the county(ies) within which the municipality is situated. Such levies shall be in an amount that if collected in full will, together with estimates of other revenues pledged for payment of the obligations, produce at least five percent in excess of the amount needed to pay principal and interest when due. Notwithstanding any other limitations upon the ability of a taxing unit to levy taxes, its ability to levy taxes for a deficiency in prior levies for payment of general obligation indebtedness is without limitation as to rate or amount. Metropolitan Revenue Distribution (Chapter 473F, Minnesota Statutes) "Fiscal Disparities Law" The Charles R. Weaver Metropolitan Revenue Distribution Act, more commonly known as "Fiscal Disparities," was first implemented for taxes payable in 1975. Forty percent of the increase in commercial-industrial (including public utility and railroad) net tax capacity valuation since 1971 in each assessment district in the MinneapolislSt. Paul seven-county metropolitan area (Anoka, Carver, Dakota, excluding the City of Northfield, Hennepin, Ramsey, Scott, excluding the City of New Prague, and Washington Counties) is contributed to an area-wide tax base. A distribution index, based on the factors of population and real property market value per capita, is employed in determining what proportion of the net tax capacity value in the area- wide tax base shall be distributed back to each assessment district. I III-4 STATUTORY FORMULAE: CONVERSION OF TAXABLE MARKET VALUE (TMV) TO NET TAX CAPACITY FOR MAJOR PROPERTY CLASSIFICATIONS Local Tax Local Tax Local Tax Local Tax Local Tax Payable Payable Payable Payable Payabie Pro�ertv Tvae 2004 2005 2006 2007 2008 Residential Homestead (1a) Up to $500,000 1.00% 1.00% 1.00% 1.00% 1.00% Ove� $500,000 1.25% 1.25% 1_25% 1.25% 1.25% Residential Non-homestead Single Unit Up to $500,000 1.00% 1.00% 1.00% 1.00% 1.00% Over $500,000 1.25% 1.25% 1.25% 1.25% 1.25% 1-3 unit and undeveloped land (4b1) 1.25% 1.25% 1.25% 1.25°!0 1.25% Market Rate Apartments Regular (4b1) 1.25% 1.25% 1.250% 1.25% 1.25% Low-Income (4d) 0.75' 0.75%' 0.75%' Commercial/Industrial/Public Utility (3a) Up to $150,000 1.50% 1.50% 1.50% 1.50% 1.50% Over $150,000 2.00% 2.00% 2.00% 2.00% 2.00% Electric Generation Machinery 2.00% 2.00% 2.00% 2.00% 2.00% Commercial Seasonal Residential Homestead Resorts (1c) Up to $500,000 1.00% 1.00% 1.00% 0.55% 0.55% $500,000 -$2,200,000 1.25% 1.25% 1.25% 1.00% 1.00% Over $2,200,000 1.25% 1.25% 1.25% 1.25% 1.25% Seasonal Resorts (4c) Up to $500,000 1.00% 1.00% 1.00% 1.00% 1.00% Over $500,000 1.25% 1.25% 125% 1.25% 1.25% Seasonal Recreational Residential (4c1) Up to $500,000 1.00% 1.00% 1.00% 1.00% 1.00%Z 3 Over $500,000 1.25% 1.25% 1.25% 1.25% 1.25%z 3 Disabled Homestead (1 b) Up to $32,000 0.45% 0.45% 0.45% 0.45% 0.45% $32,000 to $500,000 1.00% 1.00% 1.00°/a 1.00% 1.00% Over $500,000 1.25% 1.25% 1.25% 1.25% 1.25% Agricultural Land Buildings Homestead Up to $500,000 1.00% 1.00% 1.00% 1.00% 1.00% Over $500,�00 1.00% 1.00% 1.00% 1.00p 1.25% Remainder of Farm Up to $790,000 0.55% 0.55p 0.55% 0.55% 0.55% Over $790,000' 1.00% 1.00% 1.00% 1.00% 1.00% Non-homestead 1.00% 1.00% 1.00% 1.00% 1.00% Classi�cafian abolished for pay 2004 and pay 2005, and re-established at a rate of 0.75% in pay 2006 and thereafter Z Subject to the State General Property Tax. 3 Exempt from referendum market value tax. 4 Increased from $690,000 in payable 2007. I I I-5 APPENDIX IV EXCERPT OF 2007 ANNUAL FINANCIAL STATEMENTS The City is audited annually by an independent certified public accounting firm. Data on the following pages was extracted from the City's comprehensive annual financial report for fiscal year ended December 31, 2007. The reader should be aware that the complete financial statements may contain additional information which may interpret, explain, or modify the data presented here. Copies of the complete financial statements are available at the City's offices. IV-1 t�envrJr�ts K� ����,��A �t. e�. crA TUoems A. iamoMrstci. Ct!i P�d A Radore�rich. CPA CERTfFIED PUBLlC ��w'"1���'� ACCO� 1�TA�TS b° Aaeon J. N�lsen. C&1 V'Ktoria L Holinka. CPA INDEPENDENT AUDITOR'S REPORT To the City Council and Resideats City of Brooklyn Cet�ter, Minnesota We have audited the accompaaying financial stauments of the governmental activi6es, the business-type acdvities, eac6 major fiaid, and the aggregau remaining finid infora�ation of the City of Brooklyn Ceaur (the City) as of and for the year ended December 31, 2007, whic6 collectively comprise the Ciry's basic financial statements as listed in the table of coMents. These financial statements are the responsibility of the City's managemeut. Our responsibiliry is to express opinions on duse financial startements based on our audit. Wc condvcted our sudit in aocordance with auditing standards genecally accepted in the Uniud Sffites of ards America and d►e standards applicable to fiaancial sudiis contained in Government Auditing Sta�d issued tlu Co Iler General of the United States. Those standards uire d�at we lan and onn bY mP� re4 P P� the audit to obtain nasonable ass�rance about whether the 5nancial statemenu are free of mataial i misstatement. An a�dit includes examinin oa a ust basis, evidence supporting du amounts and 8 disclosures in the financial statements. An andit also includes assessing the axounting �xinciples used and significant estimaus made by management, as well as ewaluating t6e overall financial staument presec�tation. We believe ti�at our audit provides a reasottable basis for our opinions. In oia opinion, the financial statema�ts refemed to sbove present fairly, in all material respects, d�e respective financial position of the govema�en�l activities, business-type activities, ea�ch major fund, and d�e aggregate remaining fund information of tbe City at December 31, 2007, and the respective changes in financial position and cash fiows, where applicable tha+eof, for the year then ended, in confortnity with accourning principles geneially accepted in the United States of America. In aa:ordance with Government Ar�diring Staadards, we have also iss�ud a report daud May Z7, 2008, on our considerauon of ttu City's interaal contral over 5nancial reporting and on our tests of its complia�e wid� certain �ovisio� of lavvs, rcgulatia�s, c�ntracts, 8�nt agreerne�s, and other mamers. The purpose of that report is to descdbe the scope of our testing of internal conaol over financial reporting and compli�e and the resdts bf that tatiag and not to provide an opinion on the inxmal contrnl over Snancial repordng or on compliance. Tbis report is an integral part of an audit perfo�med in accardance with �eru AuditiRg Stmid�ds and should be considered in assessing �e results of our audit The Manageauat's Discussion and Analysis and roquired supplemen�ry iafo�ma6on, as listed in the table of comrnts, is not a required part of the basic 5�ncial staroements, but is supplemeatary information required by accouating pric�ciples generally accepud in the United S�tes of America. We have applied certain liatited proced�res, which consisoed principally of inquiries of management, regarding the methods of ineasia�ement and presentation of the requirrd supplementary informarion. However, we did rat audit t6e 6�formahon and exprcss ra opinion on it Our andit wa5 conducted for the purpose of 5�rming opinions on the financial staiements that collectively comprise the City's basic financial stata�nts. The iimoductory section, combining and individual fsind finaacial sKatements and schedules, and statistical section, as listed in the table of conteMS, are Presented for purposes of addidoaal analysis aad are not a required part of the basic finaacial_statements. The combining and individual nonmajor fund Snancial statements and schedutes have been subjecud w the auditing procedures applied in d�e audit ofttu basic financial statements and, in our opinion, are fairly stated, in all matuial respects, in relation to the basic financial stateme� taken as a whole. The introductory secxion and statistical sedion have not beea subjected to the suditing procedures applied in the audit of the basic fmancial staternents and, accordingly, we acpras no opinion on them. �vt���� /�eh�'aqo2� Kat�eKlSrc.� �•c�nst.�.c�i, �e /�%1. J May 27, 2008 IV-2 CITY OF BROOKLYN CENTER, MINNESOTA STATEMENT OF NET ASSETS December 31, 2007 Govemmental Business-Type ASSETS Aaivities Activities Total Cash and investments 40,375,161 8,470,048 48,845,209 Receivables: A�O�� 248,781 1,989,266 2,238,047 Taxes 549,508 549,508 Special assesstnents 3,363,260 461,447 3,824,707 Internal balances 968 829 (%8,829) Due from other governments 785,637 785,637 ��d I9,932 181,928 201,860 �v�tOII� 59,647 557,928 617,575 Assets held for resale 6,785,629 6,785,629 Restricted asseu: Cash and imestrnents 161,000 161,000 Capital assets: Nondepreciable 7,505,828 5,491,635 12,997,463 Depreciable 3Q501,174 34,975,257 65,476,431 Total asseu 91,324,386 51,158,680 142,483,066 LIABILII'IES Acoounts payable 466,814 206,697 673,511 Accrued salaries and wages 343,352 44,%8 388,320 Due to other governments 64,149 69,569 133,718 Contracts payable 272 605 173 356 445,961 Deposits payable 2,225 220,940 223,165 Accrued interest payable 461,686 461,686 Unearned revenue 21,205 131,006 152,211 Liabilities payable from restricted assets: Deposits payable 161,000 161,000 Compensated absences payable: Due within one year 102,350 102,350 Due in more than one year 921,356 921,356 Health insurance liability: Due within one year 101,500 101,500 Due in more tfian one year 2,415,882 2,415,882 Bonds payable: Due within one year 2,610,000 2,610,000 Due in more than one year 22,800,000 22,800,000 Total liabilities 30,744,124 846,536 31 90 660 ,5 NET ASSETS Invested in capital assets, net of related debt 30,780,590 40,466,892 70,318,894 Restricted for. Debt service 8,662,597 8,662,597 Tax increment p oses �'P 13,075,918 13 075 918 Unrestricted 8,061,157 9,845,252 18,834,997 T�tal net assets 60,580,262 50,312,144 110,892,406 The accomparryirig notes are an imegral part of these frnancia! staterr�ents. !V-3 CITY OR BROOKLVN CENTER, MINNESOTA STATEMENT OF ACTIVITIES For the Year Ended December 31, 2007 Proamn Revenua Net Bxoenae) Revmue and Ch�nga i� Net Aueta OpenqnQ Gpitel Primw Oovemmmt Charya For Oranu end Oronu and (iovemmental BuUnes�-Type FuNr'!'101V61PROGR,MS Exnaises Serviue Contribudons Contributiom AottvUies Aaivides Total Peim�ry sovemoeott dovamment �cUvitier. 2,933,328 S 902,734 f S S (2,030,394 S S (2,OSO,S94) Qenent�ovemmmt s 8,051,836 817,307 662,l11 (6,542,018j (6,5�2,018) Publie �sCay Public worin 2,704,�33 241,035 97,8T6 2,646,320 280,7% 280,T% Communlry xrvice5 74,789 (74,389) (74,389) Paka�ndrecradon 2,624,897 692,781 (1,932,II6) (1,932,116) Economic development 3.966,908 49,498 !l,602 (3,SS8,lOb) (3,85l,l08) Inarwt on long-term debt 1.IZ7,276 f 1.12Y.2�6) 1 12( 7.276� Toul govemmmuct(viUa z1,s0).069 2J33.333 818,989 Y.646320 p5.304,403) (13�U3 8uaineaa•type �ctfvittes: Munieipd Iiquar 1.037.427 1,362,093 321,666 324,666 polfcoune 313,794 2SZ,738 (61,036) (61,036) Eula 8rown Heriuge Cemer 2,431,�19 2,168,033 (263,686) (263,686) Recycling �nd mPo�e 137,300 I43,236 (14.014) (12.044) Streat IiQhl utility 191,639 234.230 12,3�1 42,371 Witerudlity 1.716.497 2,063,970 347,433 3q,433 Saniury uwa utlliry 2,930,016 ),274,67a 344,662 3�4,662 Swrm dralnege udltty I.I23.636 I.112.S�t 2EE.912 28l.912 Toul business-rypa ac�ivilies 10,002.048 1 I.U17,306 1.011.458 1.011.158 Toul primsry govemmen� S 31,SOS,U7 S 13,746,861 S 818,989 S 2.646.320 (15,704,403) 1,011,458 (14,Z92,947) i Oeneni revrnues: I Property texes 12,200,573 12,200,575 Tuc incremrnu 2,677,630 2,677,630 Lod`In; uxes 706.930 ?06,9]0 Orenu and eonaibutioro not mvicted W apaifie p�ogrems 1,267,753 1,26�,733 Unrovic[ed Inves�mmt eemings I,BS2,117 406,654 2,258,771 Qain on dispoael of capl�al asxt 88,508 SB,SOB Tnnafen (273.0701 27�.070 Total aenenl rcvenua �nd Vuwfen 18.Si6.443 679,724 I9J%.167 Chenge in net asxts 3.212.038 1,691.182 4,903.220 Net asse4- be�inning, u previously stued 59,883,98] 46,221,814 106,105,797 Priorperiodedjusanent (2.31SJ391 2.399.148 (116.611) Net asseu beginning, ros4ud 57J68.224 �/8.620.962 105.989.186 Net �ssets ending S 60.360.262 S 50.312.144 S 1 t0.892.406 Th� accomparryin� noru m� an lnfeprol parf qjihste J7namiaf lfafrmrntr. CITY OF BROOKLYN CENTER, MINNESOTA BALANCE SHEET GOVERNMENTALFUNDS Deamber 31, 2007 Other 7ax lncrement O.O. Improvement InRasWUUre NonmeJor Tou! Oenael Dtavia No. 3 Bonds ConaweUon Uuvemmema� pa�e�rn�� AS9ET3 Cash �ndinvatmmts S t,317,017 S t2,734,462 S 3,018,163 S f 9,449,2Y1 S 33,338,863 ReeNv�bles: Aaounu 36,929 I7,343 16S,E16 140,320 Curtentiexes %,938 6,464 238 9,193 112,855 Delinquem �exes 349,697 9,143 16,9t0 Special aasesammu 2,345,621 1,017,639 60,703 436,633 3,363.260 Due from othu cnts 24,82R 29,763 731,044 785,637 InterPond rcaivsble I,034,363 1,054,563 Prepeld items 700 19,T32 I9,932 Invanwries 26.604 Advuica w other fun� Auet held for rc�ele 6,748,629 792.488 792.488 Remicted a�seu: �7�� 6,785,619 Cash end invesunenu-performence depostu �6�,ppp 161.000 Toul uxdt 9.033.913 19.34R.46� 5.380.934 L033.1&1 12,319,192 47,317,806 LIABILITIES AND FUND BALANCeS Llsbiiltfes: Acwun4 payabla 239,937 61,121 17.323 75,323 397.709 Atuued salivla �nd w�a 326,628 621 9,994 3)�,N3 (n Due to o�her govemmm� 3.751 53,270 7,I27 64,119 Contnea pay�bla 31,990 236.346 1,269 272,603 Deposics peyable Z,�s 2,223 Interfund psyabla 1,034,J63 1,Q54,563 Deferted rcvenue 337.737 6,757,772 2,754,569 1,015,378 111,008 10,596,524 Liebllitiee paysble from ►atricled asxu: Deposlu peyeble 161.000 161.000 Toull{abiUtias 1.091.�99 6.903.775 2.3s4.369 2.325.612 Y04J63 12.8t2.218 Fund bd�ned: i Rexrved: Advuices from o�her Ilmds �9��488 �9Z�4a6 Commined contncu �34,218 183,920 318,138 Deb� aervice 3,026,385 �,698,113 6,724,300 Prepeid i�ems �pp Stetutory housing obllQa�ion 3,234,3Z7 �9 �9 Unreserved: 3,234,327 Dasfenatad, reponad in: Omanl Fund 7,941,714 Speci�IRevenuefunds 9,408,361 2,240.401 11.6�8,762 Capital ProJeet Funds Undesignsted,�eponedin: 5,090,675 3,090,673 Spxial Revenue Fwds Capitd Projecl Funda 89,698 89,698 (1.624.646) (1.624.646) ToW fund bdanca 7.942.414 12.602,686 3.026.383 (I.Z90.428� 12,114.l29 b4.4)5.588 Total liabifltia �nd fwid bd�ncea S 9.033.913 S 19.31l.467 S 5.380,954 S 1,033.Ia4 S 12.319.29Y S 47317,806 The accompa�ving notei are an lrosgral parr q/rhtaeJ)nancfal ,rfatmerur. CITY OF BROOKL1Ti CENTER, MINNESOTA BALANCE SHEET GOVERNMEN'PAL FLJNDS December3l, 2007 Fund balance governmental funds is different from net assets govemmental activities because: Total fund balances (Statanent 3) 34,435,588 Capital asseu used ia governmental activities are not financial resources, and therefore, are not reported in the funds. 34,362,356 Other long-term assets are not available to pay for current-period expenditures and, therefore, are deferred in the funds. 10,575,319 Long-term liabilities, including bonds payabie, are not due and payable in the current period and therefore are not reported in the funds. (25,871,686) Internal service funds are used by management to charge the cost of certain activities to individual funds. The assets and liabilities aze included in the govemmenta] srdtement of net assets. 7,078,685 Net assets of governmental activities (Statement 1) 60,580,262 IV-6 CITY OF BROOKLYN CENTER, MINNESOTA STATEMENT pF RfiVENUES, EXPENDITURES, AND CHANOES M FUND BALANCES GOVERNMENTALFUNDS For Ne Year Ended December 31, 2007 Other Ta Inercment O.O. Improvemrnt Inflamuaurc Nonmajor Toul Oenerel Disaia No. 3 Bonda Conswctton Oovemmental Govemmmwl REV&NU6S property texes S I I,OBB4O16 S S 2,140 f S 1,004,203 S 12,091,359 Tex Incremenu I.T07.470 1,020,I67 2,Y27,637 Fnnchiae feaa 658,620 6J8,620 Lod�in� uxes 706,970 706.930 Spaisl aaesamenn 882,121 482,292 1,364.413 Llanxs end permiu 673,t36 6i3,136 interaovemmenui 1,797,631 38,602 1,315,512 3,171,743 Chv�ee for servixs 693,300 12,476 703,736 Fines �nd fodaits 291,423 291,423 love�tmrnt euninas (net of muke� value adjuadnenl) 236,381 737,462 117,381 408,079 1,319,503 Mi�allmeoue 81.884 47390 35.186 239,860 401,12p Totel mvenues 13.388921 2,550.434 1.001.692 317,378 4,658.877 24.317.942 E%PENDITURES I Curtert; Generel govemment 4,870,943 80,245 2,931,188 PubHosafety 7.332,903 197,529 7.330,434 Publie works �,%7,363 74,336 26A,923 2,710.846 Community services 74,389 74,389 Paks end rcere�tion 2,271,09) 43,006 2,314,099 Economlc davelapment 333,729 5,023,161 300,141 5,639,331 �1 Nondepenmenul 334,848 �54,848 Adminiavstive servicaa reimburaement (744,590) �?41�sy0� Cepitel outlsy: CSepasl govemment 112,28� I 12,283 Public safay 6,569 6,369 Public work: 1,973,078 1,178,089 3,133,167 Psrks md rarestto� 22,420 30,949 73,369 Economfc development 1, I79,1 J6 I,179,136 Debt servia: Principd retirement 900,000 1,886,076 2,786,076 Interal 162,486 971,916 1,134,412 Fiscal egent fas 10.998 1.898 12.896 Totalexpenditura 14.623.974 6.202,SY7 1.073.494 2.049.614 4,978,784 18.928.453 Revenuee over(under) pcpenditurc� 964.94� (3,651,673) (71.842) (1.532.036) (319.907) (4.610,3111 OTHER FINANClNG SOURCES (USES) Truakrs in 760,907 i,120,330 5,88I,257 TrwRn ou� (331,723) (4,433,)10) (1,053,3%) (6,018,629) Rctum excess ux incroment to Counry (529.1381 (529.1381 Total oNm fintncinO sourca (utea) (531JY3) 14.4331,31U) 760,907 7,537.6i6 C666,510) Net increax (decree�e) in f�nd balences 433,22a (8,081,983) (71,812) (771, I29) 3,217,709 (S,Y77,021) Fund balanaa J�nuery I 7.309.190 20.727.671 3.098.227 (319.2991 8.8%.820 39.712.609 Fund bsiences• Deamber3l S 7.942,414 S 12.602.688 E 3.026.3A3 f (1,240,4281 S {2,110,529 S 34.435.388 The aceompa�rying nores are an lnregra! parr ojtl�ete Jlwnabl startmentt. I CITY OF BROOKLYN CENTER, MINNESOTA RECONCILIATION OF THE STATEIvIENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES OF GpVERNMENTAL FUNDS TO THE STATEMENT OF AGTIVITIES For the Year Ended Deceanber 31, 2007 Amounu reported for governmental activities in the srntement of activiries are different because: Net changes in fund balances toral govemmental funds (Statement 4) (5,277,021) Govemmencal funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which capital oudays exceeded depreciation in the cwrent period. 2,737,094 Revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the funds. 2,766,100 The issuance of Iong-term debt (e.g., bonds, leases) provides current financial resources to govemmental funds, while the repayment of the principal of long tecm deht consumes the current financial resources of goveramental funds. Neither uansaction, however, has any effect on net assets. 'fhis amount is the net effect of these differences in the treatment of long-term debt and related items. 2 Internal service funds are used by management to charge the cost of certain activities to individual funds. This amount is net revenue attributable to govemmental activities. 425,833 Accrued interest reported in the statement of activities does not require the use of current financial resources and, therefore, is not reported as expenditures in govanmental funds. 20,032 Change in net asseu of governmental activides (Statement 2) 3,212,038 The accomparryingnotes are an.integral part ofthese fu:ancial statements. IV-8 r CITY OF BROOKLYN CBN7ER, MINNESOTA Si'ATEfvffiNT OF FUND NfiT ASSETS PROPRIETARY FUNDS Daember3l, 2007 8usiness•TrOa Aaivities Qovemmmul M�ior Enurorix Otner Aafvider Municipal Golt Evle Brown Wster Sanituy Sewat Storm D�unege Nonm�jor Toui Inumsl Toul Liauor Coune Heriwte Cmter Utllitr Utilitv Utlflh Entemrise Entarprlse Servlce proodnary A33ETS Cu�rent �aub: Cuh end cash equivdenn f 1,199,463 S 50,970 S I,131,030 S 2,068,788 S 2,464,116 S 1,380,820 S 134,859 S 8,470,048 S 6,836,196 S t5,306,344 Receivablea: Accounts- net 9.317 306.830 460.291 771,41B 332,OBI 109,T83 1,989,266 8,46) 1,997,737 Speeiala,ueaamenu 459,137 Z,083 2�1 461,447 461,447 Prcpdd itema 21,988 4,666 S00 IS4,772 181,928 181,928 lnvmto�Iea 506.450 2.SB8 30.820 16.070 557.928 �3.043 590.97t Toul current esseu 1,739.Y60 i7.356 1.493.748 3.004J85 3,392.389 1.713.135 164.IG2 11,660.617 6.677,800 IB.336.4� Noncurront �saets; Cepfulasseq: Lend 1,390,002 1,493.300 23,097 3,389 287,158 3,197,342 3,197,342 Lend improvemen�s 40,238 327,a)0 368,088 166,108 334,196 Buildfn�aand etrueturos 197,771 487,446 11,039,134 3,03),2I2 2,705,42� 17,438,486 17,436,486 Muhineryand aquipmant 111,167 11,160 195,SI9 128,666 179,1)0 625,634 7,089,689 7,7I5,343 Mtlnsmdlinei IS,946,ISI 14,322,667 18,301,381 46,570,196 48,370,196 Comwdion In progras 376.662 434.687 1.282.9N 2.294.293 2.294293 Total cepltal dtsels 303.93t 1,9I9,766 1'�SS',793 19,707,787 17,643.Y92 19,871,483 72.314,059 7.255,797 79,769,656 Less: Allowance for deprecletion (229.3011 (367.044) (6 313 397 _f 11.062.4751 (8.591.385) (S.S63.3631 �2 04'f 167 _i3.611.151) (]3.638.3181 Net capiul wets �74 1.6b2.722 6.74� 2. 8.613312 9.057.907 1�.287.918 6N y/6 44.111.538 Toul atteb 1.8�7.a97 1.716.280 a,235.7H 11.630.097 12A�6.�96 16.001.05) Z64.142 .127. 62.609.�� I.IABILITI�S Current UebiliUa: Awounu peyeDle 63,412 1,168 36,010 43,BY9 8,837 3,�69 29,952 206,697 77,105 279,802 Accrued salviea p�y�ble 12,/71 1,487 16,937 9,392 ],932 1,549 40,968 3,909 50,877 Due w other �ovemmmu 49,OSa 69,569 IS 19,374 b% 69,569 Contnets payeble 173,336 Depostu psyeble 173,336 173,356 Unamed revenue 220,7�0 700 220,940 13�,9006 Adv�neafromotherfunds 792,488 �'6� �Z8,960 Comprnstled �bsmces payable-currcnt 792.488 792,488 Accrued heelth insurance Ii�btli�y.eunrn� 102,350 102,330 Toul curtent IlabfliUes N3.413 101,300 IOl 300 Nonourrent IlabUfttes: 793.IS6 4673� 183.977 IIJ89 S.OIB 29,93Y 1.639.U24 282.864 1.92�� Comprna�ud abaenea payabla-long•tertn Awrued hedth inaurance ILbility-long-term 921,336 921,356 ToW noncur►ent Il�biliUa 2.413.882 2 41S 882 Toulllabilitia U3.413 795.136 467.7� 189.977 IIJ89 3.016 29.952 1.639.024 3.620.102 S� NET ASSETS Invwted in c�pitel aueta 74,637 1,662,722 6,742,396 6,645.312 9,033,907 14,287.918 40.166,892 3,644,646 44,11 t,538 Unroauic�ed t 593,847 (741 600 1 02�3� 2� 3 380 600 1�7pg �p�� !3 279 391 Total net useia "y ��g� -y �L -3 �v Adjustmm� to re0ect tAe wnwltdatfon of fntemal aervice t6nd activitfa relwed to emerpriae funds 176 341 Net uxLt of business•rype �ctivilies Tht xcomparrying nofer ae an ln�egral parr oJrhele jTnoncfa! emremena. 7be aeconywrrying norer an on irusgra! pan ojtlws pnancml araremenu. CITY OF BROOKLYN CENTER, MINNESOiA STATEMENT OFREVENUES,EXPBNSES,AND CHANUES M FUND NET ASSETS PROPRf6TARYFUNDS For the Yeer Ended Deeember 31, 2007 Busincu•Tyw Aafvities Qovemmmtel Msbr Enumrix Omer Aaivides- Munioipal Ciolf Evie Brown Wua S�niWy Sewer SWrtn DninaQe Nonm�jor Total Intemd Tobl Liauor Course HeriWteCenta Utilitv Utllitv UUIItv Enknorise Enterorlse Service Proorletur OPERATINC REVENUES S�lef end uurfas S 3,47�,634 S 232,620 S 4,325,2% S 2,039,679 f 3,272,528 S I,�I2,348 f 478,106 S I7,255,411 S I,S33,633 S 18,809,046 Cost of aele� 4.125.816 2.162.075 6.267 B91 6.487.891 Toteloperating revenues 1,348.818 232.62U 2.16)121 1.079.679 3.272.528 1,41T,S� 43$� 10.967� l,533.635 12.521.IS5 OPERATINC EXPENSES Pmond aervica 329,%6 139,344 909,332 123,669 169,781 83,766 2,260,076 499,136 2,759,214 Supptta 24,279 4I,718 147,448 Il6,404 16,262 9,6Z7 I,Oa2 394,760 392.966 �87,726 Otherservices 15'7,336 76,433 334,008 3BS,703 2,179,409 291,93T 277,'/99 3,902,167 148,OS3 4,OSO,S40 Insuranea 11.327 6,600 46,179 12,389 5,329 2,780 �,081 90,OBS 51,102 l45,187 UUli�ia 36,669 19,%9 220,430 ISI,277 35,372 167,037 630,910 1,870 672,781 Rent 243,107 T45,407 245,401 Deprxietion 26359 ,2.7. 5�7.,7 �53��5 386.462 323.655 �T�4 323� 2,�47,7. �706,,,� 529,893 3.007.399 Totalopereqng expensa 1.031.763 314.Z36 2.431.912 1.717.864 2.932.008 I,IZ4,673 4q�� IU.001,437 1.627.020 11.628.157 Openting income (lose) ]I7.035 (61.6361 (266,6911 321,813 310,320 787.873 29.1�7 966,083 (73,383) en.s�a NONOPBRATINO REVENUES(EXP6N36$) Intereovemmenul 9,842 9,842 I Invnanent eamin s B 53,219 3,445 l�,331 7Q,66B II5,955 92,198 8,738 �06,634 332,411 739,06! Special assessments 10,693 166 IB,861 18.E61 ailn (loaa) on sale of c�piql assel 88,308 E6,308 O�her revenue 17.273 118 �.612 S.l�6 1.964 �,sao 27,123 10384 3T.309 Totelnonoperetlng revtnues(ntpenus) 66.494 3.�� 59.t43 IOT.919 118.103 92,�� 1� 152.640 441.146 893J86 Incame (losa) beCore wntrtbutlons and trensfers 383,549 (SB,W3) (209,548) 124,734 458,625 380,171 39,265 1,4I8,723 367,763 1,786,486 Capitalconvibutiont 193,i37 193,I37 193.157 Trensfe�sin 461,723 461,�23 S7,I59 SI9,182 Transfers out (125.000) (230.0001 (26.810) f381.8101 (3ELS101 Chengein na useu 238.349 (Sd. ,073) (439.3181 424.734 920.318 573.32E 12,133 1.691.793 423.222 2.117,OIS Net asaets hnuary 1, sa prcvlously sietbd 1,409,935 979,195 8,207,l75 �,p11,386 11,314,159 13,033,339 221,735 46,397,344 6,477,122 S2,B74,666 Prior period adjwdnent 2.399.1�8 2.399.118 2.399J48 I, Netacxts•lenueryl,rcsteted IA09.935 979.195 8,207,573 11.011.386 11,514.159 I3.422J07 221.733 48,7%,692 6.477,I22 33.27�,t11 .507 f IS.� O S 234.t90 S 6.902.340 f 57.3i� et asseq Deamber I S 1.669.484 S 921.I22 S 7.76B.021 S 1 I.466.120 f 12.471 Adjueunent to m0ect the consol(dstton of imemel savtce fund �ctiv(tiq related to mterpdse funds Ch�nge in net usets of busines�•rype ecllviUes (Suument 2) f 1.69i� The oteomparying notrr or� on Intsgrc! pmr ojthere Jtnanelo! Jratrmenn. i CITY OF BROOKLYN CENTER, MINNESOTA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS forthe Ycar EndeA Deeember31,2007 Businw-TVne Activitiea dovemmmtal n�sior l:ntermise crner Activitier Municip�l Ool[ 6vie Bmwn Water Smtury Sewer �wrm uruny{e NonmeJor Total Inumd Total Ltauor Course HaiapeCrntei Utilih Utilitr Utffity Entem�ix Enterprix Service promletan• CASH FLOWS FROM OPERATING ACTIVITIES Receip� from cunomeea and uxn s 5,473,017 S 252,620 f 4,219,�37 S 1,966,196 S 3,411,210 f 1,413,605 S 485,334 S 17,221,439 S S 17,221,439 Rccaipts fmm iaterfund services providad 1,360,256 1,560,256 PaymentatosupD��QR (4,637,244) (148,086) (�,129,683) (703,222) (2,646,619) (302,302) (421,450) (1T,188,B68) (620,433) (11,809,301) Peymenlsto emploYeea (327,273) (139,027) (909,140) (423,676) (170,38n (85,390) (2,25S.t93) (476,067? (2.731,360) Misalleneousrevenue 13,273 118 4.812 S.S56 1,984 1.380 27.125 20226 47,331 Net cash flowa provided (used) by openting ectivities 321.773 (34.3731 T83.444 841,854 393.928 1,023.313 65.264 2.804,403 483.982 3.288,385 CASH FLOWS FROM NONCAPITAL FINANCING ACTNI77E6 Ttan�fas in 461,723 461,723 37,459 519,182 Transfeeout p23,000) (230,000) (26.810) (381.810) (381,610) Specialuxssmen�s (89.3l2Z 426 (89.136) g( 9,136) Net cash tlowa provided (uaed) by nonapl�el Mancing �ttivitles (125.0001 f230.000) fe9 s82 461.149 (26.8101 (9.2431 57,459 48.216 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Acquisition�ndaomwelionofcapiuluw�s (576.661) (436,649) (I,090,487) (2,103,797) (t,619,325) (;,72;,122) Procxd� hom sele of uxu 93,410 93.410 Net cmh Oowa provfded (used) by capitel and roleted Ansncing eaivida /376.661) f476.649) _(1.090.467) •_f2.i07J971 (1.325.915) (3.629.712) CASH FLOWS FROM INVE9TING ACI7VITIE3 Inuratoninvabnents 33.219 7.443 34.3�1 78.66B 115.955 92,298 8.738 406,654 372.414 739.068 Net increase (decresse) in wh and emh equlvelents 249,994 (30,930) 9,715 257,279 537,783 27,324 47,192 1,098,017 (652,060) 445,957 Cuh �nd c�sh equivslenta- Lnuary 1 949.471 61.900 LI41,235 1.811,309 1.926.7�3 1.733,496 107.667 7.772,031 7,488.336 14,860,387 Cmh �nd wh equtvslanu December 31 S 1.� 1� S 50.970 S I,.I31.030 S 2.O68Ja6 S 2,166.116 f t� 7! 0�6s f t 54,b59 S 8.�70„048 S 6.836,2% S 15,30Cr,344 Raeonc0l�Hon of op�r�do� Ineom� to eet euh provid�d (used) by openHo� �Mlvltht: OperaUng income (loas) S 317,033 S (61.636) S(268,6911 f 321.813 T 340.520 T 287.873 S 29.147 S 966.083 S (733831 S 892.698 Adf ut�menu to reconefle openting income (lou) to net cash flows from operaNng ectivilia: Depraialion 26,359 27,170 377,333 586,462 525,655 734,575 2,477,')06 329,893 3,007,399 Changes In asseu and liabilfties: (Increeae)decreasefn rccsivablea (1,578) (83,Y69) (80,274) 138,682 I,OS7 �,22g (18,134) 6,310 (Incroase) dearaae in invenlories 2,?62 (B03) (3,7/9) Z�s�9 (I 1.844) (Inereste) decrcste in prcpdd expensea (S!6) 871 619 (3.073) (2,254) (4.922) (y�bq7) �q�6q�� lncrcaae(decrence)In payablea (38,196) 439 (42,207) 382 (605.185) 1,862 27,504 (633,4t6) (19,369) (674,785 Incre�se(d.,..,,.)inaccruedexpensea 2,693 317 192 2,19) (80G) 1% 4,�85 13,380 28,163� Incrc�se (decrase) in deferted rovenue (39) 6,141 6,102 6,104 01her nonoperatinQ income 1),275 11! 4,812 5.556 1.984 1380 27.125 20326 47,351 To1sl�djusanenU 4.720 27361 434.135 523.039 35.4W T37.640 76.117 1.836.320 337367 2,393,687 Net cash ilows provided (used) by opentfna utivides f 32I.173 34„375 S 185.4M f 844.BS4 S 395,928 S 1.02� S 61.264 S 2,804,403 S 483,982 S 3.286.385 No�a�h Oe�aele� aedvlllae C�pi�d aontributiom S f f C3un on �sle of sssen S S S 197, I 37 T s 88,308 The aecomparry(ng noies are an /ntegra! parr ojthusJinarulal t�armenl�. CITY OR BROOKLYN C6NTBR, MINNESOTA CITY OF BROOKLYN CENTER, MINNPSOTA NOTES TO PINANCIAL STATBMBNT9 NOT88 TO FINANCIAL 8TATEM8NT9 December JI, 200� December 31, 2007 The Clry of Brooklyn Cenkr wu (nwrporued in 1911 uid hu operaied undar CaunciVMm�ger form of Nou 1 9UMMARY OR SIONIFtCANT ACCAUNTING POLICIES (Candnuad) govemmenl ilnu the edoptlon of �he Clry chutu In 1966. Th� Qovemin� body con�bu of m�yormd.fbur Ciry Councit members elecled u•luge to serve four•yeer iuggered Ierm�. The Ciry provlda NII ruiae of B. GOVERNMENT-WIDE AND FUND RINANCIAL STATRM�:NTB munlaipol �arvlce� to tu cllluni, Including publlo s�kty (pollu u�d Ore protation), htghw�ys md �haU, puk� �nd reerailon, publlo Improvemen�, phnning and In�peetlon�, economlo developmenl, �enl�ary and The govemmam•wlde flnenclrl s�etemanu (i.e„ Ihe �t�kmeM of net asett �nd Ihe tMlement of ehenge� in norm uwer, watu, �nd Qenenl �dminith�live servtce�, nel u�e4) rapoA InformNion on dl aclivltla of the prlmery govemment and lu component uniu. Cow►nmrmol acNvHfn, whlch normdly ue wpported by lua �nd intergovemmenf�l rovenun, ve Na1e i 3UMMARY OF 91CNIFICANT ACCOUNTINCI POLICIBS reporled sep�ralely from 6wlnut•rype acllvllbi, which rely to s fign(Ilcenl extent on has and cher�e� for The 0nenclel sulemenb of Ihe Cly hwe ban prcpued In accordmce whh eccounting princlples ganeraliy accepted In Ihe United Slates of Amuic� (OAAP), n�pplled to �ovemmcnld unib by the Oovemmenul Tho sk�emenl of alivilia dsmon+l�ata �ha degra to which Ihe dirat expenses of a glven IhnGlon or AccounUng 8lenderd� Boerd (OASB). Ths Clry elso epplla pinu�clel AccouNln� Sundud� Bo�rd (FASB) �e ment ere oMlu b sqtemenu �nd interyrcullom Is�ued p�lor lo Decembar 1, 19B910 lu `ovemmentel �nd pu�ineu-rype aeUvllle� B Y p►u�nm revanue�. Dlna rxpsnres ore Ihose Ihtl we clearly Idanli0�bis whh at �he govamment•wide Onmclol rapoding level and to lu proprieury f�nds U lhe t6nd reporting Ievel, �pccilic Mnaion or segmenl. Prog,am nwnur+ Ineluda 1) chvgw to ewamen or epplicanu who purohass, we, or diremly Mnellt t}om �ood�, tsrvka, or ptivlle�e� provided by a alven Ponelion or provided �hey do no� eon0lct wi�h or contndlc� Oq38 pronounamanu. bwlnefarype aetiviry end 2) gnnu �nd eoarlbmlon� tA�t ve re�uiaed to meadn` �he opan�lond or The Ciry'a algnlficen� aecountlna pollclea ue descr�bed below. c�piul nqulrsmen� of paniculu I�nc�lon or bu�inai•qps activiry. Taza md o�her itams not I�luded amona progrun revenue� ue reported Inf�ead aagenerol r�wnuea. A. REPORTINC ENTITY 8epu�te flnencid iutemenu ve provided ibr `ovammenul Pond� uid proprieury Pond�. M�or indivldud The Clry Includet all Ihnds, or��nlullon�, Insllluliont, o�ancle�, departmenl�, bo�rd�, �nd ollioes Ihat ue �o��mmenul ihnd� �nd m�or Indivldus� enterprlu Wnd� ue reponed u sepuNe wlumnf In the Pond Onuicld twemenu. N not legdly apueu 6om �he Clty. Component unlu ue leaelly sepua�e agenlrettons tor which the elected olilalal� of U�� City a� Mmeidly rccounubb �nd u� included wi�hin Ihe baric Ilnuwid C. M6A9UREMENT ROCU3, BA313 OF ACCOUNTINO, AND PINANCIAL STATBMENT �utemcnu of �he City because of �he slgnlAeence of thNr opentlonel or Onencial raletlonshlp� wI�A �he PRE9ENTATION Clry. The �ovemmcnt-wide Onancld ala�emenu ua reporled u�ln� Ihs economlc r�rourai mrorurrmem jocut The Ciry Is eonsidered Onmaldly �uounlable for eomponenl unll If It �ppolnU votino m�Joriry of Iho �nd the aarual boali oj aecoanf7ng, u ve �he proprletary ILnd Iinenelel �utemenu. Revenua ue orgeniretlon'� goveming body end It able to Impo�e IU wlll on �he organlaedon Ey a1gnl0cemly rworded whan wned �nd expense� u� recordad when Ilablllq Ic Incurred. �e�ardlas of Ihe Itmtna of Inlluencin� �ha pro4rum, proJec�c, �oUvl�la, or lavel of �ervia� perfoimed or provided by �he reletcd eah Oow�. Proparty texa �nd �palel usa�menu ua tewgniud ea revenue� In �he yar tbr orgenlmdon, or �hera I� a po�emlal tor �he orgeniwlon to provlde �peolllc Onuiciel benellu to, or Impose which U�sy ue levied. Oranu �nd �Imilu Ilems ve recognlud y revenua u soon u dl eli Ibill specllic flnanelal burden� on, lhe CIry. requiremenb Imposed by �he p�ovlder heve been mel, g ry Blended componenl unhf, sl�hough legslly �epuele, ue, in abtunoe, put of the govemmmt's opern�one. Oovemmenal Ibnd Iln�nald �utamantt ara nponad uiln� �ha ewrnn� Jlnanclal r�rouu�r moarunm�nr A blended eomponanl unit I� reportod u If It wero f4nd of Iho Ciq Ihroughout Ihe yeo. Il i� Inoluded H joeur �nd �he mod�/1�Aaeenwl 6aN� qf aeeounrina. Revenue� me reeoanlud �oon u �hey ae bolh boih ths Qovemmen�•wid� and f�nd Ilnmcld raponin; leva�t. me�tunble uid wdl�ble. Rwsnua ue contidarad to M malfabft when they ae wllealible within Ihe curtent period ot �oon enough Iheraafler 10 p�y Ilablllda ot �he curront pedod. Por Ihl� purpote, 1Ae A detoripllon of�hs Clry's blendad component uniu Pollow�; govemment eontlden dl ravenua�, exupt relmbunement g�anb, to be �vallsble if �hey �m eolleckd wl�hin 60 d�ys ot IM �nd of th� aumnt Iltad p�Aod. Rdmbunemen! p�nu w contldend wdbbls If LYy oJBrookfyn Ceaf�r Houtln� anARrd�wfupminf Awlhoily (HIP� The City Councii �erve� u tha �hey oe eollated wUhin one yeu ot the end of �he curtent O�csl perlod. 8xpendflura genenlly ue Boud of Dlractws Ibr �h� HRA. The Counall review� �nd �pprova the ux levy �nd dl expenditurw Por rccorded when 11�6ility It Incunad, �s under �rud �ccounqn�. However, debt urvlce �xpendilura�, �f Ihe HRA. The HM 1� reponed u� Special Revenua Fund. The HM dxi nol luue upuete 6nmcld well u�xpmdlw�a rolnad lo aldtnt u�d Jud�menu, ue racorded onty when psymenl (t due. clalemant�. Pin�ncid Informdlon m�y M obulnsd N Ih� Ctry9 ofllco. Property luca, epacld usettmenu, Inur�ovammenul rwenua, chu4se tbr urvicu �nd Inure�t GYry oJB�ooklyn Cenlsr Ernnomlc Drwlopm�nl AwlhoNry (BDAJ The govaming boud for Ihe BDA i� woelned whh Ihe curtent O�cal period ue dl eonfidercd to Ee aweeptible to �ecnul and �o h�ve been the Clq Councll. 7'h� councll revl�ws �nd �pprove� m�or wmmunity development Improvamem reeooniud u revenua of Ihe cunent Otal period. Only tAe porlton of tpecial awxmonu «eaiv�bte dua �cUvitle�. Clry general obligetion tex Increanent flnencing bond� ue laued to Ilnenu EDA aNIvilla. The whhln �he currenl li�ael parlod la oonsidared to be �wuptlble to eeorusl u revsnue otthe current period. 6DA i� npoAed In Ih� 600nomia Dav�lopmenl Au�horlry, Bah Brown TIP Di�41at, TIP Dl�trtcl No, 3, All olher rerenue item� ue wn�idered lo be maswable end aveil�blo only when cah 1� received by �he TIF Dislrlct No.'�, u�d �he Communlly pevelopment Blxk Onnt Speciel Revenua Punds; Ihe Tex govemment. Incremenl Bondi Dobt 9erviw Pund; the Evle Brown Herllye Canter Improvements C�plul Projal Fund; and �he Earl� Brown Hatlu�e Camer 8nterprlse Fund. The HDA doee not luue eeperr�e Ilnanolal �utemrnb. Fin�nebl Infoaneqon msy be oblelnW at Ihe City'i oNlaf. I- CITV OP BROOKLYN CENTBtI, MINNESOTA NOTBS TO PINANCIAL STATEMENTS CITY OF BtIOOKLYN CENTBR� MINNESOTA Decembe►31, 2007 NOT89 TO PINANCIA6 9TATEM8NT9 December�1,2007 Note 1 BUMMARY OR 81(iNINIGNT ACCOUNTING POLICILB Not� 1 9UMMARY OJ+�+ONIP� AC��JyTINO POL���BR C. MBABUREMBNT POCUB, BASIS OF ACCOUNTING, AND FINANCIAL STATEM6Ni C. MEASUREMENT FOCU3, BASIS OF ACCOUNTINC, AND FINANCIAL STATEMENT PtlE9ENTATION (Conllnued) PRE86NTATION (Conlinued) TAe govemmem reporo the following msJor govammantal Ilmdr. pdditfonally, Ihe govemment repoM Ihe following Pond rype: The Oenna! Fund b �hs Qovemmant'� pdmuy opentlny Pond. It wcoun4lbr dl0nuiold ra�aurca� lnrrrnaf Srrvta hi�ndr aeount far wm ero�ted abseneei, hesUh cue Msurence bene0u end amrol of �he genenl eovemmem, exupt �ho�e required to be auountW tbr In another Pond. gusQe �ervice� provided lo other deputmmu of �h� Clty on oost relmburcemanl bacf�. The Tas /nenmem D4Ma No. 7 Speclal R�venve Fund het Iha authoriry to collut wc Incremenb q� a generel rule, the e1Rot of Inlerl4nd �cliviry hu been eflminsted hom Ihe govemment•wida finuialet whleh ero uced Ibr vulous redavelopmant proJats wflhin the Clty �nd Por debl urvlee paymenq of ilatemenu. 6xupllon� to this generd tu1� ae Iranuclion� 1he1 would bs Irwtad a� revanues, a� endimre� bondr whfch were ►aued for rhe �ane purpore, p ar expenta If thay involved externd organirefbro, iueb a� buying goods snd tervtai o� paymenu !n Ileu Tha O. O. /mprowmrni Bandr D�bl Srrvin FbnA b u�ed lo �ceount for the �aumulollon of ro�ourcet of uuce�. BBmtmlion of Iha� ohu4e� would di+lod Ihe direct aosb �nd prognm revsnuai repoAad Ibr Ihe fbr 1hs p�ymsnt of Improvemant bond�. Theta bondt wen �old to Ilnmce uruln publlo vatou� I�nc�lom conarned. Improvemmu �uch u re�ldentld nreep md aarm �awen or �he provldon of:ervlees whloh �re to be Amounu reponad u poyram nwnr�a Include i) obuQas to customeu or �pplfoenU Ibr aoode, tervica, pald for wholly or In p�h Oom �peeld utsuman� levled �plmt 6eneilted property. or privilega provlded, 2) operetlna gnnu �nd contributloni, end 7) eep{1el granu �nd contributlon�, C The /ry/Far�ruamre Cownualon Caplral Pry�c� Fund wn aublbhad to acooum for tha raouroes and Includlno ipecid aawt:mmu. Inl�mdly dedlctled roaourut ue reported u general nvenurf ruher Ihen ax e�Mimra u progrem revenuw, Llkawlee, generel revenuea Include all texa. p roqulred (ot the �cqubhton �nd eombuclion of e�pful fie1111fa or improvemenu W finmced wholly or In put Oy �pscld uwumanu hvled �adml6endlled proparlks. ProprlNery f�nde diedngul�h operoHng ravenue� end ezpensef Rom nonopera�ing Itemi. OparaUn� Tha govemment rapons ihs Ibllowln� m+�or enteryri�e fbnds: rcvenua and expensu 4enenlly re�u11 8om providinO wrvica� and producing �nd delivering good� In wnnecdon wUh a propria�ery I�nd's princlpel ongoln` oparetlon�. The principel op¢radng revenua of Ihe The Munlclpal Llquor Fund aaounu Cor Ihe operetlonf oflhe Ciry't munlcipel o(t tela tiquar aore�. enleryrise f4nd� and Internel serviu Ibnd� ue ehuga lo euitomen for iela md �ervicee. Operoting expensa fot sntsrprise f�nds �nd Inlcmal cervlca fLndt Include �he cost of �ala md urvlces, The Oo�/Courfr FLnA eecoun� for operationt of Centerbrook Oolt Couna, s 9 hole executive golf edminl�trstiva expeafe�, end deprceietlon on eepitel a��eu. AII revenua end expense� not meeling thl� course owned by Iha City. dellnilion ue repated u nonopenliny rcvenues eml expenaei. The Eadr Brown NerJ�a r Crnler FLnd �uounu for 1he D. CA911 AND INVESTMENT9 g opention oh wnvemlon anur. The 8ule Brown Herluge (knter Is ploneer thrm�tad Ihet hu ban ht:torlally praerved md re+lored u e The Cly eon�fden ell hlghly Ilquld inva�mente wi�h e meroriry of U�ree mon�ha or les� when ur modem mul�ipurpose faciHry, iu convention unler oan hott conkrenu�, lrade �howi, and conaru. p chased io be wh equlvalenit. All oF the oath �nd invatrnanu dloated to Ihe proprtelery Pond� hsve odginel Tha Wa�er UHllty Fund accouob for �ha pumping, taetment end di+tribulion of water to cu�toman. meturides of 90 deye or laaf. Adminl�initon, welli, wster �lon�e, md dislributfan ue ineluded. Tha Sanl�ary S��r�r Upllty Flrnd auounb for Ihe wllection �nd pumping of �eniury sawege �hrough e iystam of wwer Itna� and Ilft �utloro, Sewege Is Uated by Ihe Metropolltan Councll Envlronmentel Servlce� who�e fu� represenl �bout 62'A ot�hit Poed'� expen�a. Tha Srwm Dialnag� Uilllry FLnd accoun� for the colleetlon end treatment of �urRce tunolfweter the� does eot aquire ��nlury walew�ter 1rcNment. It Inooryonta not only �he storm uwer wllecllon I ry�um, but dw tUUCluros �uch at holdln� pondt �nd ficllUla lo Improva w�tar quellry. Fee� ue bued upon tAa quendry of weta running off properry uid very wilh both atu and eb�o�ptlon chuae(edilie� otlha parceL I CITV OF BROOKLYN CENT6R, MINNESOTA CITY OR BROOKLYN CBNTER, MINNESOTA NOTES TO FINANCIAL STATBM8NT8 NOT88 TO PINANCIAL STAT8M8Nf8 Decembar71,1007 p� Nota 1 SUMMARV OF BiCNIRICANT ACCOUNTINC POLIC168 Nol� t SUMMARx OR SIONIFICANT ACCOUNTINO POLI .�RQ D. CABH AND INVESTMBNTB (Conitnurd) E. R6CEIVABLEB AND PAYABLE9 (Conllnued) The City't invetpnent pollcy �ulhodmi Iha City lo Invetl ln Ihe following: Properly I�x Ievias ue �ubmlticd lo Ihe County in December e�ch yw. The Counly dlocata Ihew levfes a) 9ccurflies Ih�t erc dtra� obll a�lon� or ue uermteed o� InfurW Iffuaf of Ihe Unlled 61ete�, lu acrou ux�bts propanla In �he Ciq 6a�ed on vduedaro cenilled In �he prlor yeu. The Counry collxb 8 8 �he�e levle� and dl�tribma the City's proeeed� in June md December otlhe fisal ywr. Thaa duea �ro a�enclis, lu InstrumeN011�la, or org�nira�loni enusd by �n wl vf con�reu, fnoluding rspoAed a Qenenl revenuu In the �ovemmenl-wide Mu�o1N Naemen4 In �he yeo lavled. Unpdd tues govemmenul bllle, nma, bonds �nd o�her �eeurldm. at DecemEer 1 become Ilen� on the re�pecdve property uM ue clu�itled u dellnquent receiveble� uid b) Commerclal p�per Ic�ued by U.3. wrporallons or Ihair Cu��di�n �u6�tdlulet Ihd i� ated In Ihe ue f611y ofl'sN by deRrted rtvanue In Ih� fund flnuiclal sl�lemenla. highe�� qusllry by et lee�l two netlonelly rerngnlud ruing �genclee �nd merora In 270 dsyi or Iws. a) Time depwils �hN ve Nlly in�ured by the Federd Depo�it Insuru�ee Co�por�lion or bmkan F. INVENTORIES AND PREPAID ITEMS eaeptencw of U.S. benkt. d) Repurchne egreemenU md revene repurchue �gnemmU wllh Onenelel Instlrollons Identllfed by Invrnlodea In the enul Pondf aro reponed uting Iha consumption ma�hod and valued at cat, ming MlnnesotsSUWk�Ch�pkr UBA. Ihe fint INlint oul (FIFO) me�hod. Inventaie� In Ihe prop�leWy Pondt an vdued H cost, usin� �he e) SecurlUes lending �greemenu m�y be entered Into wi�h On�nclsl insd�utlons Identlfled by wal`hted �vaa�a method In �he Municipel Llquor end Berle Brown Heritege Centu Fund� and the FIFO Mfnneiol� Sutula Chapler 1 ICA. method in all olher Pondt. Minnasou Joim powen Invealment uusu mey be emerod Into wilh wou IdentlOed by Mlnnesou Sumta Cbepror I �8A Ceruln psymenu to vendon rcllect wsu appliuble ro li�wrc acouMtn; periods �nd ue reeorded u Money muket mulud I�nd� roQuhtad by the Sacudde� md BKOhu�Qe Commlulon �nd whosa pnpald Ileme in bolh �owmmem•wlde �nd Pond Onuwid sutemenu. I� ponfollo� eonsl�t only of shon term �eeurlllet permltted by Mlnnaon Sututw 116A. �a h) Bond� of 1he City of B�ooklyn Gnt�r I�tuad In prtor yeut, m�y be r�dcamed N curtenl muket C. CAPITAL A8SET8 .p, prlce, whleh msy laolude a promium, prlor to meturing uilng eurplw Ilmda of the debt �ervice I�nd tel up for Ih�l Itfue. C�pINI ufeb, whloh Inalude propaty, pl�nt, equlpmenl �nd infrulructure atsels (s.g., ro�dt, bridget, sldewdks, �nd dmilu Item�), ao reponed In Ihe applicable tovemmantel or buafness-rype acdvltlea )nvefbnenb ere reponed et feir velue, bsfed on quoted merkel prlat u of Ihe belmee +heel dete, wlumns in the govamment•wlde Msnelel �utemenb. Capttel afeu ue de0ned Ey Ihe govemmenl es AdJustmenu neceasary lo record investmenls el tair vrlue ue recorded in �he opereling suiement as �weu wilh an Inidet, individwl cosl in exceu of Ihe �mounu balow and an utimeted ueelhl Iilb In excea Increafef or decreaes In Invatmenl earning�. Invalment Income on wmmingled Ponds if elloceled of one yeer. Sueh ussb ae recorded e� hlftorlcst cwt or atimeted hltlorlcel wfl If purchped or moNhly, basad on momh•end bol�nces. wnsimcted. Don�tad c�pllal aseb iuo rcco�ded �t e�Um�ted fair mukal valu� at Ihe dNe of donnlon. B. RECEIVABLES AND PAYABLES Inflntructuro S 230,000 Buildin�i and Buildin� Improvament� 50,000 During �he eourse of operedon�, numerous Inns�cUoni occur between indlvldud Ponds for good� provided Lmd Improvemeou Zs�ppp or servleet rendered. ShoA•lerm fnlerPond louu ue clasillled as "InlerPond recelvabldpayable." All Hasry Equipment 23,000 �hon•lerm InterPond reulvebles and payable� el December �I, 2007 aro plenned to be elimineted In 1008. Fumiture end Pomlthinga 10,000 Long•temi inlerfund loent ue cluslfied u`4dvancet to/fiom other fund�.' Any recidual balances Motoriud vehlcies 10,000 oWSlending betwan �he �ovemmenul aoUvlda end buelnwrrype ecdvUim are reported In �he Teehnolop equlpmenl 10,000 govemmenbwide Menelel ftatemenu u"Inumet bsiena� Tha ws4 of nmmal m�inten�nee and repdn th�t do not �dd to tha value of 1he as:et or motaridly extand Advancea benveen lhnds, n� rcponed In the Pond Onencfal sutemenu, ue offset by e Pond 6alanu reserve web Ifve� ero nol nplullud. �cwunl In dppltcnble govemmemsi Pondi lo indlctle th�t Ihey ut not �v�ll�ble for �pproprlallon �nd aro not expend�ble Mmaid resourus. Mq�or oulley� IOr apful asset� �nd improvemen4 are eapluliud n proJecu rra can�truc�ed. int¢roit �neurted during �Ae con�wc�lon phue of aphsl usets of builnes�•rype �ctivitis li Inetuded u p�A ot�he The Ctty enpocu to m�lce Ihll wllectlon of ell Inda �nd property ux realvables, co no ellowenca Is a�pI1�11ud vdua of Ihe aueu comuucled. For Ihe yeu ended Dewmber 91, 1007 ao Inurett wa� consldered necesasry. c�piulized in cannectlon wiU� wnsuualon in progrui. CITY OP H800KLYN CBMTBR, MINNESOTA CITY OF BROOKLYN CBNTSR, MINNFSOTA NOT88 TO PINANC(AL 6TATBMHMS NOTBS TO PINANCIAL STATBM6Ni8 Dqaember I, 2007 Daember 31,1007 Nol� 1 SUMMARY OP SIQNIFICANT ACCOUNTINO POLICIES Nofe I SIIMMARY OR SIGNIR�CANT ACCOUNTINC PS2J,ICIE3 (i. CAPITALASSBTS(Conlinued) J. FUNDBQUITY(Continued) C�p1ul aseu of �he Ciry, n well u �he component unlu, us depraolo�ad ualnQ Ihe pnlQhl Ilne methad Nn areu Nel a�eb reprcaent �he diRerence between �sseb end Ilebllida�. Net mse�e, Inve��ed fn ovar Iln Ibllowin� ullm�ted uceful Ilver. c�yfld wett net of rohted dab6 consl�Y of capllal ure4, nel of �ccumulded depruf�tion, «duced by �he ouuiending belenw of eny bonds wed Ibr Ihe eequlaltlon, wnswmlon, or Improv�menl ot Ihote �tseu. L�nd im� b ZS yeu� Nel uia4 ue npohed a ntklcled when thero nre Umllalloro Impoted on lhelr use ehher through Bulldinw end �wcturu 1S yan consdwdonrl pravlslons or enablin� IeQialadon, or �hrouQh extemal resalcdons Impoaed by crcdi�on, W�tw �nd �ewer mdn� �nd Ilnef, wella �nd ��onge grenton, or I�ws or rcgul�tlons of other govemmenb. All olher net web ue reporled af unrwlriclal. tu�k4 �ewu Ilfl �lallont 23 yeu� InBawmuro Yw� When both re�trlcted end unratricled rewurcef are evs{leble for en allowable u�e, ii ia �he govemmenl'a Mahinuy �nd equlpmenl S• I S yten poiicy to uce rsArlcled nwurca 11nt, then unra�idcted rcwurcei u �bey ue needed. 11. COMPENSATEDABSENCE6 K. INTERRUNDTRAN9ACTION9 It I� �h� Clty'� polloy to pemdt amploywt lo �wumuhu wnad sut unu+ed vwllon �nd �lok pyr banelip. InterlLnd eervice� provlded �nd used are aceoumed fbr u rovenuea �nd ezpenditure� or expensa, l i All vu��lon end ve��ed �I¢k lave p�y li ucrued In the Publlo P.mployee Compen�tad Absenca� Ilmd. A Truu�ctlont Ih�1 con�ltlute reimbunemenit to Wnd fw expendfluru/expenw� Inill�lly m�de liom it Ihd II�bINty fw tha� unounu b roportcA in {ovammenul Pond� only If �hey hwe mnured, for eieunple, u� ue properly �ppllable to �noth�r Pond, ne raaorded n expendhuraa/expanae� In �h� raimbuuing /�nd end reaul� of employae nsl`nNlon� and rc�Iremenu. In sccorduroe wi�h �he prorlalom of 9l�leme�l af ef reducllon� of ezpendimroyexpenuf in Ihe Ilind Ihal b relmbunW. All oUut Interfund denfallon� sra Oovemment Aecounling 8undud� No. 16, AuounNng for Comyeruarrd AAnnns, e Il�blliry b rcpated u Inmkn. reeo`nlud for Out pohlon of �ccumulnins tick lerve Mneiip Ih�t b valed, a expaeled to ve+l, u �averuwe pay. L. USE OF 69TIMATFS I. LONG TERM OBLICATiONS The prepuatlon of Onanclsl ttatemenb In conformly whh OAAP requlree menegement to meke eslimetw and �tsumpllon: ih�l dlect unounls rcpoAed In tha linancisl slslementa �nd eccompanying no�es. Aclud In Ihe �ovamment•wid� M�neid �u�emanu uid proprleury Wnd rypa� In Ihe Pond Onuicid �4lemenY, reeulu couid difllr Rom euch esdmete�. long•tum debt end oiher lonj•term obllgetlom ue rcponed u Ilsbllldaf In �he epplicsble govemmenul �ellvilla, bwlnetatype �cliviliw, or propriaWy Pond rype ttalemenl of nat ufeu. Bond prcmlum� �nd M. NBW ACCOUNTINC PRONOUNCBMBNTS dbcounta, u well o lau�nce co�u, ua Immeurld uid ara expemad �n �he yeu of bond luuenas. Tha Oovcmmenl�l Aaounlin4 3hndards Boud (OA9B) reanlly spproved Ihe following eutemenb In Ihe Wnd Onencld �wemenu, `ovammsnul Ibnd rypa rxoanlu bond premtumt uid dltwunU, ao well whloh wue nol Implemented In �he�e Ilnsnaisl e�atamenu. The efhct �haie ��endsrda msy hsve on ihture o bond b�u�nu cab, during the cu�rent perlod. The 1►u emount of debt Iwued b nponed u o�her Mencisl fuumenb hu not been determincd N thit Iime. On�ncln` wura�. Premlum� raeelved on deW I��uuiau ue reponed u other Rn�neing tource� whlle dlrcounu on deM b�wnca ae rcponed u atha Mmeln� uwt I/lUNG CO/Y� whether w not wl�hheld Sutement No. 43, AecounUng anJ Flnanelaf Rspw�ing by Empfoysrs jor Paremploymmt BsneJl� P/anr I fiom �he �cmd debt proaeedi reulveA, ue repohed u de61 wrvlae expendllurc�. Whrr Ihan P��ulan Plnnf. Thb �Utemen4 which �he Ciry wlll be requlred lo �dop� In 1008, prov(du guldenu an dl eapact� of po�temployment bene0� reponing by employara. The Cl�y has no� yet as�essed J. PUND EQUITY Ihe Impeel of Ihe edoptlon of St�temenl No. 45 on Ib Onencial �tstemmb. FUOA lQOIti III UIO IIl11A OIINCI�I tId011160b I/ OIy/IIIOd Illild b�INCO II11 QOVOTIIIOIIUI Polld! NA 001 S�etemea� No. �9, Aeeounring onA Flnancfaf Reparring jor PolhHon Rsmrd/arron Obflgarlon Th(f asuu for propriwry Pond�. Fund equlty In Ihe gmemment-wlda M�neld iwemenb b eluti0ed u nN tqtement providat �uldma on haw lo cdcul�te �nd npon Ihe w�IS and obltgNlont usat�kd wilh uteu fbr bo�h `ovemmenul rnd buifnau•type �clivitla. pollutlon claanup affonf. TAe provbions of�his tlstemenl ue eITet�lva Ibr Ilnanolal ste�emenb Ibr periode beglnning eNer Deeember ]I, 2007. Fbnd bolona Oenerally, 14nd baluice rcpre�en� the dlRerenw bstwun curtent uceu �nd currenl Ilebllida. The CIq ruerve� �hwe po�tlone of Ihnd belena whloh are le�ally ie�eQated ibr a apeoNlo I�roro me or whleh do nW rcpreunt wdlsble, ipend�lle ro�ourea md ue �hercforo not w�llabls for Qenanl �ppropriallon or �xpenditure. Unru�rvd thnd baluwe Indlata Ihrl porlton of I�nd bd�nce th�� b avellsble for sppropriaUon In Potura perlods. Dwlgaedon� ere monegamsnP� imant to tet aside New re�ource� tor �pect0o purpo�a. CITY.OF BROOKLYN CENTER, MINNESOTA CITY OF BROOKLVN CENTEN� MINNE80TA NOTE9 TO PINANCIAL BTATEM8NT3 NOTBS TO FINANCIAL STATBMBNf3 December31,2007 Decembcr31,2007 Note3 -ONCILIATIONOPCOVBRNMBNT•WIDEANDPIlNIZFINANCIALBTATBMENT9 Nola2 RECONCILiATiONOPGOVf,RNMENT-WID6ANDRUNDRINANGIAL•9TATFMENTB A. BXPLANATION OP CBRTAIN DIPPEItENCEB BSTW66N TH6 COVERNM6NTAL FUND A� 6XPLANATION OP CERTAIN DIFFBRENCES B�TWBEN TNB COY6RNMENTAL FUND BTATEMENT ON REVENUES, EXPBNDITURE9, AND CHANGLS IN FUND BALANCES 9TATBMENT OP REVENUES, BXPENDITURP.S, AND CNANGES (N FUND BALANCES AND TNL COVBRNMENT•W IDE STATBMBNT OR ACTIVIT168 ANT TN6 COVEItNM6NT-WIDE STAT6MENT OR ACI'IVITIES (Con1(nued) The govemmenul Nnd �utement of revanuef, expenditura, and chuiga In Pond balanai includa e Another alemenl of that roeonciUUlon �lakt Ihet '"fhe Is�umee of longdetm debt (e.g., bondf, Itafef) rewnalll�llon between net clrangt+ tn fund balanaea �otal governmrmolJfrmlr �nd changa fn roi mad,r providef currenl Mmolol raourca to eovammanul Pond�, whU� Ihe upaym�nt of principal of Ihe IonQ- ojgovsrnmenral oalvl�frr u rcpoAed In lhe govemment•wlde sutement of aedv�tim. One elemen� of �he� lerm debl con�uma Ihe aunent flnencid reaourca of govemmenta114ndf. Nelther aan�ealon, however, reconcilietlon explafm �hat "Oovammenul t�nda rapon Gpial outl�ys o expandlturo�. Howaver. In tha ha eny anat on net we�e." Tha detelb otthis S 1,�40,000 differance ere as Ibllowe: autemrnt of eedvlHe� lhe w�l oilho�e weu I� dloeated ova thelr e�llmated u�eNl Iiva and ropoeed at depraltlion expense." The deu0� of thtt S 2,7�7,094 diRercna �re u tollowt: pdnelpd rcpaymenb: Capilaloulhy t 1,190,093 QQ�nIoWl{Nlonbond+ S 390,000 Ocpreel��Ionexpe�ue _L.4S3.0011 Oenenloblige�lontw n rcmembonde I OSD.ODO Net edjusunant w Increw na1 chuieea In Nnd Net adJusunenl lo inert�te net ch�n�a In fund balurces E�lonus loul pavemmental funds lo orriva �t WI�1 Qovemmemd Nnds b urive �t chmges In na useU C chmga in net usetf of govammenul �ctivflta S 7 7J'! 091 of�orammenu1�c11rlde� f �.�I0,�00 i Anather slemani of thei raonciliedon cuas that "Revenue� In �he Suumm� of AaivlUa� the� do no� provlde curtent Iln�nclel taouras ue not reported a� rovenues In lhe Pond�1' The deWls of Ihif NoN) 9TEWARD9HIP.COMPLIANCE.ANDACCOUNTAB�LITY 'I f 1,766,100 dlfRrence ua as Ibllow�: A. BUDOETARY INFORFtAT10N l Oenenl propaty uza� daferted nvmue: Annud budgeb �re �dopled on bnis conslsunP wf�h �aouming prinelpiw generally acapted In Ihe I At Deamber 31, 7006 S (771,195) Unlied 8letea for dl �ovemmenul Pondt. All mnud �ppropdniont laps� tl Oscd yeu end. I A1 Decembir 71, 2007 127,5 I 1 In Augu�l, the Ciry Mmager �u0mita lo ihe Ciry Councll propo�ed openling budgep Ibr the Oicai yea Tex Increment twa defertad nvanua: commmcing �he foilowing lumuy. The propoied genenl Ilmd budget �nd prellminuy �a levy mutl be I A1 D�c�mbr 31, 2006 (19,1l0) ani0ed to �he County prior W 9eptember 13. The Councll hotds publio Aearing� on Ihe cerlified budget A1 Deumber 71, 2007 9,143 and levy �nd must submlt Ond levy lo the Counq pdor lo the end of December. Speold useumenb ddenad nvenue: The appropd�ted bud�et li propued by Pond �nd depaMmem. The Ciry Council mu�t aWhulu �ny AlDeumbcr31,3006 (3,169,975) tren�Rr of bud`e�ed unounu betwun depwnenu or Ilmdt. TrmaPon of budQetad unounu wlNln Al Dcumber l I, 2007 7,13�,0J7 deputmenb In �ha Oenenl Fund mufl be �uihoriud by Ne CIry M�n�aer. The legd tevel of budselary oonaal It tha deputmant lawl for �h� Oenanl Fund �nd Ih� Wod level Por dl othar �ovemmentd Pond�. O�her deferted ravenua: There were no msterlsl �upplemenul budgetery epproprlsUom duAng eha yes►. At Deumber 1, t006 (1,2SB,I00) A1 Deumber 71,1007 6.��5.619 Nel �djwlmenu W decrew net eh�nQe� In Nmd bil�nce� toul sovemmenul I�nds lo urive �t chm�a in nel asseb of govemmentel �alvldas S 2.0 rr CITY OF BROOKLYN CBNTER, MINNESOTA CITY OP BROOKLYN CENT6R, MINNESOTA NOTES TO PINANCIAL STAT8M8M6 NOTES TO PINANCIAL STATEM8Nf8 DecemMr3t.1007 December)1.2007 Hute� ST6WARDSHiP.COMPLIANCR.ANDACCOIINTABILITY(CoNfBu�d) No�e� STBWARDSNIP.COMP�,IANCE.ANDACCOUNTABILITV(Contlnued) 8. EXCESSOFEXPENDITURE80VERAPPROPRIATIONB C. DEFICITFUNDEQUITY For �he yar ended Decem6er 31, 3007 expendilure� eaaeded �pproprldlon� (n Iha followina Oenerel Deflclt Nnd equlry exbls at Decembe� 31, 2007 in tha following f�ndr. Fund deperlmenb end �peclel revenue Amd�: Unreaerved de0e(t Nnd b�iu�u Fin�l Over M�Jor Fundt: Budaet AGUd Budnel Infiuwclwe Conswcllon f 1,6N,646 M�jor Fund�: Nonm�jor Funds: Oenanl Fund; Po11ca Druy Forfelnue p Lead S 7I5,000 f 77),757 f(7B,7S7) UnreserveddsOcUnet�sseu dovemmenl buildinQs 7)9,)9) p�,Al9 (91,116 Nonm�Jor Punds Polta proteeUon S,A00,076 3,0��,01a (/),002) Bmployeo Relinmant 8enefit �,021,�71 I Fire prottedon tS9,lS! Al2,Ot2 (11,IS7) The dallcitt ue belna Ihnded Ihrou�h Intemal bortowing end wlll be repald liom construcllon Inntfen Pro�ecdve In�pectlon f6I,6)6 l91,772 (t7,]A6) frum wility f6nd�, Nluro bond iftuma, Invesament esming�, and Inlemsl lren�fen, 6nglneerins 339,�19 383,900 (11,521) S�teldeputment 1,719.761 1,7B7,IBS (7,T17) �a Adminisualion 36S,SI0 577,9t2 (17,111) D. PRIORPBRIODADJIIBTMBNTB y Adultreerc�llonproyunt 1l7,367 tOS,021 (17,IS!) F MD TAT .M -Pf�S Teen rceresdon prognmt 1,063 1,970 (90A) Yowhtacrestionpro`runs 45,9.19 1l,66� (�,7�5) In 1007, aurb and �utter Infleslructure capital ssseu were moved flom ihe generel espilal sssels lo the Oen�rd raemdon pro`ruiu 1),67� 17,171 (),�37) S�ortn Drslnsge Enterprife Fund. The beginning vslue of net w�eb In Ihl� 9form Drainage f�nd wa� Commun(ty cemer 521,600 SII,BOB (1,20A) increued by S 3,399,148, whloh includa S I 16,611 in construcdon In progras �nd T T,Z82,337 net book Puk mefnten�nce 890,119 907,977 (17,8t8) vslue of �ho�e a,ueu prevloutty completed. Convemionburau 308,130 335,7t9 (I6,979) QOVeRNM�N7'-WIDP.BTATEt�:flti R Speolal Ravenua Fundt: In 2006, wnlributlon IFom the Storm Dnin�4e Utflity Fund to ui infiuwctura conslruc�ion proJeol was T�x Incremenl DlaUicl No. 3 117,300 6,202,597 (6,OIS,097) Included twice In iha aleulsdon of consuuctlon In pro�esa In the Oovemmanbl Ac�lvitle�. Thl� emount wn removed In 1007 darwing be4lnning Net Aael� In Ihe povernmenul Activitiee by S 116,611. Nonmtjor Fundr. Speelei Revenue Funds: In 1007, ¢urb and guaer InBWmcwro cepiul s�seu were moved Bom �he Oovemmemel Ae11NNa to the HouslnemdR�v�lopmentAulhorily 395 (39S) 8u�inas-'lype Aollvitla. Bceinning Net A�sab in the Oovammental Aolivtlla wu rcducad �nd 6w�romic DevalopmentAulhoriry 171,787 195,SB7 (IT,l00) ba�lnnin` Net As�ets In �he Buslnen•Type Ac�ivhle� wm incremad by S],282,737, �he net book velue of Tsr inercment �i�ulet No. 7)8.�00 216.8D7 (8.�07) thaa aseq, lo rcllat �hi� eh�nge. i Police Dmj Porhlluro 29,000 59,57J (70,577) Note 4 DpTAI .Rn NnTav rnu u.�. c:�Nna Cftylnlll�lfvetOnnt 10,30T 1T0,403 (119,A9S) A. D�P081T6 AND INVESTMENTS in �ccordurce with Minnaota Sututa, the Ciry melnte�ns deposiu u only those deposhory benks ewhod:ed by the Ciry Council. All �uch depoiitorles ue members of �he Federsl Reserve System. CITY OP BROOKLYN CENTBR, MINNESOTA CITY OF BROOKLYN CENTER, MINNESOTA NOT69 TO PINANCIAL STATpMENI'S NOTES TO PINANCIAL 8TATEMENTB Dscember]I,I007 Deeember31,9007 Note DRTAIL.ED NOTES ON ALL FUND3 �pt� DETAILED NOTB� ON ALL FI1ND8 A. DEPOSITSANDINVESTMBNTB(CoMlnued) A. DEP0917'BANDINV68TMENTS(CoNinued) Minnaol� 91�tule� rcqufre th�t all City deposlb be protected by In�u�nu, iurcry bond, or call�tcnl. 7he ►nlercat nls ri�k The City't Invatment policy rcquirct IntaeN amtngt romsln stebla �nd predkhble mmket velus of aolinanl p�ed�ed mu�i aqud i IOY. of Ihe dapodu not wvered by In�urtmce or bond�. th�oueh et least �he neet budget oyole �nd thst �t least lOSL of 1he Inve�omenl ponfolio remeln for two or Aulhorlud wlleterol Ineludei tAe legel Invee�menu de�cribed below, a well as uAsin On� moMgsge more yeers wi�h known Interctl rate�. The pollcy al�o ttetu �hel the ponfolio �hsll remsln iulllelemly notm, and cenrin oth�r �tqe or locd gavsrnmenl obligatlont, Minnaou Slaluta requlro �h�l �audtia liquld to mael dl opentlng nquGemenu Nd m�y be ratonebly e�pected. pledgW u wllNerol be held In �ehkaping by Ihe Ciry Treuurer or In e On�nclal InsdWtion other �hen Ihu ihrniehing �h� wliucnl. Cradil rfsk Ths Ciry's InveNmenl poiley res4te4 inveHment inshuments to Ihota �uWorlud by Minnuou 8�em�a 41 IbA. The policy aiso raqulra thet any aounteryuty In Invas�menl tr�nswllons bs At yeu�cnd, lhe Ctry's curying v�lue unoum of depwtb wu S 712,035 wmposed of bank balmat of praquslllled end approved by the Ciq Counell md lhal the ponfollo be divenifled to Iimlt poteMid loftef S 3l1,669. All balanca were covered by Rdenl depwltory In�urenu or by perltcted collnenl held 6y 9n Indivldu�l �acurtllei, As ol'DeamMr 7t, 4007 �he Ciry't inve:tmml In FNMA �nd FHLB note� w�ro Ihe Fedenl Reurve Benk. ell rated AAA by Moody'a Inveetor Senla. The Ciry'a eK�ernel Investment pool If wi�h 4M vrhteh Is rogulWed by Minne�ola Sbtulet md Ihe Boud of Directmt of Ihe La�w of Mlnnaol� Citia�. Th� 4M A� of December I, 2007 the Clry h�d �he followlnQ Invesimenu �nd muud�lw: ihnd b�n unnted 2A-Ilke pool �nd Uia hir velue of �he paltlon In the pool b �he �une u �he value of Ihe pool �huei. Invalment Meturiliw Custeeiel crcdit rl�lc Thn Ciry'a Invatmem polley rcqulres �hsl �auritlei purche�W 6om eny b�nk or Lea �hm daler be pl�csd wilh �n Indapendem third puty Ibr cuetodid tahkapin`. All of Ihe Ciq`� invenmmu Invesunent Tvoa Ruin Fdr V�lue 1 yan wete held In en Ins�hwlonel uwt under contraet wl�h lhe Clry for �sfekaping servla�. Pedetd Home Lan Benk Nou� AM S l43,136 S 845,176 B. RECEIVABLES Fedenl N�doml Monsage An'n Nalee AAA 1,006,579 1,006,339 Sf�nl0canl reeelveble ba�enua not expec�ed �o be collected withfn one yeu of Deamber 31, 2007 ara a� Repurchw a�reement NIA 573,730 375,�10 fallowe: Bxkmd invacunenl pool iM Fund N/A 18,447,497 18,447,497 M,;,,i,,,d, Moneymuket N/A 17.411.53? 37,411.337 ru�anmum eouw aNmy OiwM Awau�� IrM1wwcwe Wm ��ww Nwun�w u�e Na Bm1. Oaueuetim Ilulilv IiGlin Rud� TaJ Toul inveslmenb �8,286,049 S IB,186,0/9 oac�po�nymW s n,as s s �aw s s s s u,iw s i�p I w�uqYm�wYwtmau f,tw Depo�lu 71i3O2S apaWuwYnmu i.n�.no soo.w� n9.�n i.m Lq9e.�u Petry eath end ehmge Ibnd� l.17S f nm s»a l�.�».uo ooem s tu.u� s un t�s�u u .lOf.�N Toul cuh md inve�menu f 49,006,109 Uovemmentoi Ponde repon delkrted revenue In connec�lon wl�h realvsblee for revenue� �het ue nol Rcco�iHe�lon W Sukment of Net Asseu (SUUment I): con�idered a be av�lleble to Ilquldsta Ihbilitle� of �he curtent period. Oovemmendl t�nds �Iw defer Cuh, euh equivdenls, and invespnenla 18,615,209 revenue raco�nitlon In connceUon with rasouru� tAet heve been recelved, bm not yet amed. At �he end Restrided cuh �nd Invesunenu 161.000 of �he currem Ilusl ytu, �he verlous componenu of dekrred �wenuo �nd unnmed revenue reponed �n 1he govemmenlal Ponds were �s Pollowt: Toul coh uid investmenb S/9,006,209 N/A not nud I i!- CITY OF BROOKLYN CBNTBN, MINNE90TA CITY OF BROOKLYN CBNTBR, MINNESOTA NOTEB TO PINANCIAL STATBMBNTB NOTBS TO PINANCIAL STAT8M6NT8 D}umbr�1,Z007 December31,3007 Nota DETAIL6D NOT68 ON ALL FUND9 Nut� D6TAIL6D NOT68 ON ALL FUND9 B. R6CBIVABLE9 (ConNnued) C. CAPITAL A93BT9 (Cbntinued) Unrvdl�bla Uncuncd Tdd� Dellnquent prapeny 1�a tealv�ble (Ocnenl Fwd) S 719,A97 S f]/9,691 e,r,r, a� Dcl6pucnlPropntylardttaiv�ble(6.O.ImprovemrnlBand�) 16,910 16,910 e�Na•u maMna eaw.• m�ImYrY1M AlnW�N rtWW IevI11tI GYNIf1 Ww�� Dellnpuent propmy wn reaiwbls (Nam�jor Funds) 6D,70) 60,703 e��M„�� „iH,;,, Deli�pueM�ulntremen1oo11aUoro(falnaememDl�WdNo,]) 9,11) 9,N3 fyiWuwynaMN4�ndne/ Speddwe�emenunoiyadue (O.O.ImprovemenlBand�) 3,331,639 1,)77,639 �w f �,nr.ia t i.ur.ia t t s �.nu�: CMIWANIepoy/M I 1!p 116A11 I102 ].If6.111 107 !6/ 7f1H1 Spee(dmeumrnunotyNdue (InfruwenreCmuwetlon) 1,011,7U I,OIJ.37! TaWupW.wuwOd.iMpeduel �ueu ra� �a+a+�T i4wu �""�bi�7T Fea recalvsd bm wwned Fund) 7,160 7,I60 CwW Onn4reaivedbwumpcm(Nonm�JwFwd�) q.7/S 13,7/3 �r�waw m.a� iaA�� fx,a� AtxuheldfmraYe(farinwememDltuluNo.7) 6,71t,619 6,741,639 �wY+�•a�••�•+• u.o�.oc n,a�.w naf�,.w Aueb held fa wde (Norvn�w Fw�d�) )7,000 ]1.000 q"""' 'v r °O a N a�a� ���w MYaWll.n ��f,fII�tlO� �.00SfII Yfl1Ll �0f1,711 _�1.510.�% iaY�MiWwN/.WNMMdw1 f0.111.0 �.Wf.�u �.�uao 3TiT1 �dTT TWd OeknedPoneunedrcvenue fm govemmenld fwdf f IO,f7l,719 S 21.1�5 f 10,596,511 �.oa..+w�.ay�r i.w m,+m u�.�ro u.a� �u.�w Th� Ciq hu leued pohion of Ihe police �econd Iloor ex wlon ea to �he Loeal OovammaM 1°0 o 0 G�wrMJrw Ia,711 la)11 N,17/ Ifl,tH Inlbrm�don 6yatam� Aiwal�don (LO018) u a bukup compuur ficllity. 7ri� Iwe hu lertn of dx ���a� J, I./f yeet, wmmmcin� on Au`ust 1.1005, �nd alb fm monlhiy Iwe p�ymen� bued on the tquuafoouge. t °"�'m"'�" a .�'3� Lw� revenw Ibr �he yw �nded D�cemMt 31,1007 wu S t.69/. Fulun minlmum leue paymenb ue v ra.�<pw�ue��w�dwr.w �i.uaa> »uor �uu s« �ui �a ��.�»a�� 58,694�nnusllytAlouah2010�ndSl MWnuqpddivaytWuru.�n �uo�N aw�a uutu�� t uux� �zoiva� t �ouaus C. CAPITALASSETS Depraoletlon ezpen�e wm ohugad lo Ihncllons/proQremf otlhe prlmuy �ovemmenl m followr Cepl�al asset aativtty tbr �he yasr ended December 71, 2007 wss u Pollow�; OovcmmenUl utivides: ■d«a ea0wv Oenenl govemment f 76,951 eaw..0 ►aor.� ed.,w. r.ay _..�.w.�� �s.wx aruw iww�� o.a..�.._ ea... Publieafery 790,0)3 u.daYn: Vublic workc 715.865 u�r t a»�.+a t s f�o�.+a i �.an.�a Pvks �nd rccw�tioa 240,150 C.uwdmMpaya u� ea nanu u�w �.�aai af uenu C�pild uub held by Ihe govemmcros Intemel tervlee Ponde ve TaW upW �uw.wMNMN�duN �w.u`n �u�.»>� ..�,uwf ..w�.� ehoged to the vubua Nnetlon� besed on thetr usage of �Ae aueu �29.893 �wN+�+w+vM���: Toul deprea{ulon e�penss govemmenul ectfvides S 1.987.694 b:iry.ull.pmemm� �4�f4n� ��,n�.�u wfdot n.ia,oa ►w�.., 1.IOOdfo 1A07.1f0 l.'0o,1f0 �.Nem.+ aKr.�a �ur.�a �evan �wv.un e y �am q Busiaeu•tyDe aadvi�ies: �Tp.lupWuw,Mlykp�dwd 11H b r f] �TI ii.6�T MUI1�C�pl���QYO� f 26 ,359 �.uw��M�pbda�a: dolf coune 27,190 e„w;K„M�,yw,.�„a �.n�,w� �.ui,� �»,„i i.N�,ei Eul¢ Brown Herfuge Cemer 577,335 r� �.�o.�n tinan ia.m� �a�s.u� W�kruplity 386,162 a �.nam �.�n.ro w�.ii� Oa.up �.��aa� Senl reweroUll in�»m ��u rr.w �f»u� �N' h' S75�6fS taWrw.WuNNped�da »..��u noZiiT �Yiau.0 Stormdnin�4eutilily 774.525 tar�.ouuuw�aykp.a�w•.e w.m.fe� a.uo.ua uur.m ioK.�k �o.fa�.n� Touldepreei�lionezpcnse•buslness�typeec�iviiia 5 7.477.706 OwawwlxdNiu�ylWnru.M f 1{101W 1 1111/H f)I.IIf,t11 f f/Kt�1 IiQf.11N t 11m7m1 CITY Op BROOKLYN CENTER, MINNE80TA CITY OF BIIOOKLYN CENT6R, MINNESOTA NOTES TO FINANCIAL STATBMENTS NOTBS TO FINANCIAL STATBMENTS DecemAer�1,2007 Deoember31.Z007 No�e DETAILED NOTES ON ALL FUNDS Note DETAIL6D NOT68 ON ALL FUNDS C. CAPITAL ABSET8 (Continued) D. INTERFUND BALANCES AND TRAN9FERS (Continued) CONCTRLCTION COMMITMBNTS InterPond tnntftn: Truitkrin Tnnsfcr0ut At Daember I, 2007 th� Clry had conspucllon proJect conlncts In pcoQcau. Tha commilmanb rolated to Oovemmenlel Funds remeining eontrael Dslenus ue �ummerlud s� Ibllowe: M�f or Fundsc Conueet Remelning Uenenl f S 331,7t) Prolcot Amount Commlunent TuelnorementDt�uiclNo.7 �,137,�10 InOsswerorcCon�wdlon 760,907 Prcew�y Blvd �nd Shingla Creek S 1,/27,7BY S 11�.9/7 Nonm�Jor Pundt: Hiverwood Aree Nelghborhaod 7,670 190,271 NouAnQ uid Radevelopment Au�hority 462,0)9 Kyl�wn Puk Buildfn� 190.29] 167,920 8wnom(c Development Authotiry 262,010 S 5.7BB.167 f 31l,131 Communiq Deve�opmcnt 81xk Onnt 1 Clry Initi�lira Oruu 37,159 Tucl�rcmcnt8onds. 1,I77,)�p D. INTERFUND BALANCES AND TRANSFBRS C�piql Improramonb 125,000 Munlelpd Sute Aid 774,097 Indlvldual Pond IntcrNnd «celvable �nd psyable bslanu� at December l I, 2007 are ef followe: Eule Brown Herltye Ccnar Improvemew 270,000 0 Adnnaf to Adv�neu From Teehnolop 70.000 Fund OU�er Pundf Olhet Funds Toul `ovennunul IVuidt �.eei.ss� 6.OIB.629 M�Jor Funds: Proprielary Fundr. QolfCourx f f 797,/B8 M�jorFundr, Nonmef or Funds: Munlelpd Liquor 125,000 Eule Bro�m Heriuge Cenur i)0,000 C�piullmpravements 792.186 S�nIUrySewerUliliry q6�,72� S 797.488 S 792.488 Nonm�jorFundi: Sueet Ltaht Uliliry 26,810 The 5792,4l8 edvena between the Oolf Coune end Capitel Improvemenu Ponds b not expected to be Intenul Servlu Funds: elimin�ted wllhln one yar of Daembe� �I, 4007. Cenuel0u�ge 37.459 Interfl�nd InkrPond ToalproprieuryPond� SI9.161 �ai,aio Tolal dl fundc S 6A�1� S 6,�0_ 0,�3 Fund Rculwble Prvabla M�JorFunds: aovemmenul Bu:ineu-Type InRaswewro Conswclfon S f 1,031,f67 Ae�ivhia ANivhie� Nonm�f o1 Fwdf: Rec3neill�lion to Oovemment.W �da SL•lsm:m of AcAvides: C�ptullmprovemenls 1.054.56 NetTruuRrt•FundBt�kmenq S (1�7,172) f 137,372 f I,.OSI.S67 S 1.03/,367 Intemd Serviu Fund Tnn+Rr 57,439 (57,459) Reclwlfladon of apiul tonuibutioro from �ovemmenul �Nivitlp to bwlnprlype utivllla 1197.157 19�.157 InterPond p�yableurecelv�bla ve «prc�enlstive of IendingAqrrowina uru�gemenu to wver dallcl� cssh Toul Trwfin• OovammenbWlde SuumentotActivpie� f f473 070� f 27).070 bal�nces �t Ihe end of Ihe Oecd yw. Bdu�a wlll M peld wlth �muRn Rom other Nnd�, collatioro of iJ. ouuunding recelvebld, md �he b�uence of bondi to Itn�nw rnmpleted Infiuductura proJat�. ry 5i'� CITY OF BIIOOKLYN CENTER� MINN6SOTA CITY OR BROOKLYN CBNTER. MINN�SOTA NOTES TO PINANCIAL STATBMEM'8 NOTES TO FINANCIA6 STA7EMENT6 DeamMr I, 3007 Dewmber 31,1007 Note 1 DETAILED NOTES ON ALL FUND9 Nola 1 DETAILED NOTPS ON ALL RUNDS D. INTLRFUNDBAWNCESANDTINN9RER9(Gbnllnued) F. WNC•TBRMD68T(Conllnued) InkrPond 4�ndcn allow Ihe Ciq lo diocale Iin�nolN rcwuree� to U�e Wnd+ �he� raeive beneflt Bom At of Decamber 3t,10071he long•term dabt of thv finenchl repoAtng entiry eon�isted of the following: servlce� provlded by �nother I�nd or to provide addUlonal aplW and InBastmclure Pondin�. In addilion, InkrPond tr�n�hn are aculonelly w�hoduA b dlow reAhlribudon of raouree� bntween Ibnd� 1br �ha 99V8RNMENTAL ACl'IylTlH3 most efllolent use of Pond�. In 1007, the Iruufer iFom the Ocnenl Fund to Iha Twhnoloay Pund li uscd 10 p Pond Uie ongoing nad� ot �he Clry'i Inlbrmulon kchnolo4Y requlremanu. The trenehr Bom Iha Oenerel iMaen M�nviry ai�tw P�y�W� Fund to �he 8�nituy 8ewer Ulility Fund wu m�de to oflYd �n un�ntleipated ohuge fbr sewer treetment a�� u.c. tuw �tn�ro7 iervieef. Tranekn Rom ths Tex Incroment Dla�dcl No. 7 t�nd to �he T�x Inarement Bonds f4nd wero (kndODllpUonBoiW: mads.lo Iruiikr un�pent bond proceedi lo the dcbt urvlee fhnd, sf requlred by Ihs bond covenu�b, (n Polk�udFfnBuildin�Mfwdin�Badi 7.WSS�).)SK IUOIn0o1 oL014017 f f.M3.0oo ��.us.o0o �ddldon to p�yin� Ih� 300� d�bt iuvlc� rsqulrsm�nY Ibr Ih� bond�. The S 37,439 Rom Ihe Ciq InlQ�tives ToW ann� obltyilon Bad� s.as.000 �.ns.oao 0.0. Tu incremeM Bade Orurt Pond to Iha Cen4d Oo�ga Nnd wu m�de to mova 1hnd� �hu were �pecl0ally domted for the Tu�W�TalarcmtmRelludin�Bmd�of700/ 7.iSK1.�OK IUDI�001 O1NIR011 7,170,000 1,6)f.ODO I purchus of Ore enQina. Tnntl'srt fiom Ih� Municipd St�t� Ald �nd 9lreel Llaht Ullliry Pondt lo Ihe tu�a.iu�nu�mxxeona�o�ioa �.7ssFS.usx ivomoa ow�noio iu�s.000 ie.si0000 InBsflrucluro Comlruedon Fund were uud to Ihnd uruln ttraet eorotruolion proJaeW. Tow o.o. Ta laremen�eona� is.�is.aoo n.�ss.000 E. OPBMTINO LEASES O.o. lmprovrm�m Bondr. 19V1�mpaamuuBad� 1.00'M.6S51 I]lOI11991 OLOIAOOt I.O1S,000 100,000 The City leues �paa for 14 munlcipal Ifquor ilore�. The Iwa ue bolh lan•yar leuet �nd begui in 7000 i�i �^w�M Bwd. �.�oxamx �wui�st owinao9 i,o�s,000 �9s,aoo N md 1007. Bah Iwa hwe op�lom Ibr ten•yesr extendon. The lafa provide fbr minlmum momhly �'"p°K"KM B°"e. �.iotss.00x it�oinv9s otrovmio �,su,000 �w,000 bue renl p�ymenl, plu� pro-nu shve ot wmmon �ra expenia. AddillonN leue psymenb ae requlred ��'"Pf �.7ofa.97x iw��o0o o7roIRO1 7lt,000 I7o,000 If �aresd•upon rovenue Ihrwholds ue �tulned. Thae leesa may be analled �t 1he Clry'� optlon If th� 3001 �m� Bon1' t.wK-�.�ox ivoinao� ono�nou »o,oao us,aoo CI uasa II uor ntlont. Toul renul eM n�e under the lesfe a reameou Ibr the eu ended �����Mo�Meond� I.�SSH.00K olrol�oo) olro1no11 I,�of.000 6to,000 �Y 9 P� 6 Y ioa��owm�meo� i.ioit�.sfa iuo�rsoa ovoinoit �,oio.000 tw.000 December �I, 2007 wu t 142,801. FuWre minimum bue rent p�ymen4 under the ourtenl agrumen4 ua 7o06impovunem Bwdr 7.Sfx�7.tOSt ILOlnoob oLOV30q t.rso.000 i.�so.aoo a followi: ToW O.Q ImpovemiM Bond� f e15 aao zeo aoo Tolal ToW.lonledtntebeMw f7Uf00D ]l,110.000 Yev Minlmum 8ndin Renb ���a �^�u wr�� _�,q�� 2008 S 197,570 ToWCiry4deb�dau•�ovemmemJaBvi�ta f 76A)7,706 I 2009 197,570 I 1010 1)6,ISt All long•term bonded Indebtedne� ouq�anding �t December 1, 20071s backad by the 1�II @lih and credlt I 2011 93,360 of the Ciry, inoluding fmprovament end tuc incremrnt bond I�eue�. Bondi in �he govemmenul aetivide� 2012 9),760 wlli be redred by f�Nro property ux levia, lut Inercmen4 or specid �ssassmenb �ccumulded io Ihe 1013 9I,760 �pecfOc debl �ervices Pond�, In �he event �het a de0cienoy exi�u becsuae of unpeld or dalinquent teic I f 60).398 tnoremenb or �peclsl ufeaments �1 the llme debl �ervice payment is due, Ihe City mutl provide I re�ouree� to cover ihe deliolenry untlt other resources are evallable. Delinquant tax incnmanu In the Qovemmenul 14nd� �1 Deeember 31, 4007 wero f 9,143; delinqutnl specid s��e�smenu in Iho P. LONC-TERM DEBT Qovemmenkl Pondt et Daamber 31, 2007 were S 44,419, whlch It included In the apeclal asseumenu realvable belence of S �,767,260. The City issua genersl oblt�ation bonda lo provlde Ponda for the conslrucllon of m�or capiul f5cllitles, wnshucllon of Inflavucture, end uonomlo development and redevelopmem. Oenerel obllgatlon bond� The O.O. Improvemont Bondt were lasuad to Iinance the construotlon and raplacemem of aueot end atorm h�ve been luued for govemmenul activllia�. dralnege cepilel aseu. Of Ihe S 4,280,000 outsunding et December 71, 2007 tho emounls eppllubla to elreet md storm c�plul aseeu It S 7,�31,41Z �nd S 9Z8,38B, respalively. I, �I CITY OF BROOKLYN CENTEII, MINNESOTA CITY OF BROOKLYN CENT6R, MINNESOTA NOTES TO PINANCIAL STATBA�NTS NOT83 TO FINANCIAL STATBMBNTS Deccmber 31, 2007 Deumber 71, 2007 [f,q)� 1 DETAILED NOT69 ON ALL FUNDS Nole 4 DETAILED NOTES ON ALL FUND3 P. LONC•TERM DBBT F. LONGTEIIM DEBT QOVERNMENTALA IVITIES(Continued) CONDL�ITDE9�'OBLIOATIONS(Conlinuad) Annusl debt tarvice raqulramenif to maNriry fbr lon�•lerm debl ue u tbllow�: A� of Daember 71,1007 there wore Ihree ierlet of flxed t�te Mullifunlly Housing Revenue ReNnd(ng bonda, ana Houaln� Ravanue Devalopmant Rellnrncing Note, one uriet oP Varlable Ro�e Damend Oov�mmedJANvfliu RePonding Induediel Itevenue Bond�, two Heel�hurc Revenue Notee, end Ibur Senlor Hou�ing YevEndln� aenem e��611 i�anm u.u.�i�umnemeM�ona, oSimnrowmenid nTi Development Revsnue Notet oulct�ndinO. The �g�rega�e �mount ofoonduil debt obliguione et Deeember Decem6erJ1 Prinel�d .Imaral Pdnel� Inlerc�t Prinei�� Inum� �1�20071sS7�,221,291. 200t S 600,OOD S IIO,!!2 S i3O]0,000 f t01,/91 S 9I0,000 f NJ.t21 C. FUND EQUITY 3009 610.000 9).90I 1,093,000 739,t1� 765.000 III,I32 ]010 No,000 7f.133 I,Ilo,000 71o,tt0 6�3,000 �7,397 Nel �cselt reporled In Ihe govemment-wide Uuamenl of net acseu at Deeember 71, 2007 Include Ihe 2011 610.000 fS,612 1,16f,000 631,1!! �13,000 61,49! following: 701] 6l3,000 ]I,f/1 �00.000 611,7U Ib,000 �I,IN 7013.7017 700,OW 11,733 6,913.000 7,11�,7f0' 990,000 67,971 Covtrnmentd�nlvltle� :on•:o�o s i o .ou��o i Toul ns o T�3dT.37� ���b03 1] T�3�i� �n�at�ed In aplid wett, net of releied debe N CHAN08IN LONO•TERM LIABILITIHS S ),207,901 ConfWetlon M progras 1,701.9I1 N O�her apiul weu, nH of deprcel�don 30,501,1�1 Long•term UeDillty �elivity Ibr Ihe yeu �ndW DeosmDer 31, 3007 wu a Pollow:: Lw: relued long.term debt ouuunding (7 �y6 eytMtnj p.a;,y p,n w;u�;n ToYI imeued in c�plul �uets, net otralated deW ]0980.590 Bduw AddiYqu RWuaiau Bduw pwYear OovemmenW a�iviJu� Ilestrieled: I eonm ay.wa Debt aervica 8.662,f97 I a�Mmaa��n��e�a+ s�.�es,000 s tsvo,000� :�.us,000 aoo.000 O.o.uv(n�amemeo�w IIaOS,000 ltA7o.aoo� n,Iff.00O I.0)O,o00 Taxineramentputpoaas q.073,91s a.o.impro.emnubaa� f.iw.aoo .__{soopoo� �.im.000 9�o.aoo Toulrocutcled 21.778.513 ToWEondrpy�bb 77,930.00D 07,�,000) 73,110,000 t,6t0,OW compe�u.ud�Ew�w s�.u� im.oe� �eo.boA �.on.�oe toi�so Unresutoted ToW �ovemmedKtlriry l.061,IS7 lon�dmmlubili�ia 1191�U� f 1f0.06] 1 60! 161I]106 7ri0 Toul �ovemmemd �clivhiae net �sseu f 60�= Compenseted sbetnce� ere Iiquldeted by Ihe Publlo Employas Compen�ated Abtences Pund. Releted debt for govemmenul aa11vl11es cepiul msas include� S 3,87�,000 In Generel Obligetlon Bond� CONQUIT DHBT OBLIaAT10NS and S 7,331,417 In O.O, Improvement Bond�, Ihe unounl i�suad lo finu�ce Ihe suut porlton of conitruction proJxu. TAe remelning f 928,388 of the O.O. Improvement Bond� outsunding we� luued lo Prom Iime to �Ime, lhe City h�s luuad Housing Ravenue Bondi and Indu��riel Revenue Bonda or No�u to 1lnenu �be storm drainege portlon ofwnsuuclion proJeo4. provlde wlsunu to quslllled privele tector enlitlat for Ihe eequislllon and eonsuuollon of howing, industrfal, or wmmercid faelltlia dumed to be in �ho publta tnlereit. The bonds or notei ue saured by Ihe properry Onu�ced �nd ae payeble tolaly Bom pqmenle recelved on ths underlyln� monQege loau. The Ciry hn no obligatloe ot iu as�eu or of ii� genetal ux bue for the rcpeyment of eny of lhne bond� or nolot. Accordinply, Ihe bond� or nole: are not nponed Ii�bilitla In Ihe acwmp�nying Ilnanciel s�etemenu. Upon Mel rcdemptlon of the bondt or nole�, ownenhlp of �he proputy trmsfert to the privete :ecror enNty urved by Ihs bond or nole bsua 1` CITY OP BROOKLYN CBNTBR, MINNESOTA CITY OF BROOKLYN CENTER� MINNLSOTA NOTBS TO PINANCIAL STATBMBNT9 NOT88 TO PINANCIAL �TAT8M8NTS Dtambu 31. 2007 Decem6et 31, 2001 Nota 1 DETAILED NOTE9 ON ALL PUNDS �pje 1 DBTAILLD NOTES ON ALL RUNDS C. PUND EQUITY (Conlinued) O. FUND EQUITY (Cominued) Bwineu•tyPe �elWltla Un►su►v�d, UnOed�n�ted (de0elq Ims�tcd in c+pilal weu: Me)or Fundr. Lmd S 3,197,7/2 CopI4lProJat S(1,6iI,6/6) Conpruellon fn progrca ��Zy��2g� Nonm�jor Fundr. Olher ceplul weu, net of deprecletlon �/,973.tS7 Speeid revenue 91, I OB ToUI Inveikd in aptul asseu �0.�66.892 Speaid rovanw (detielq 4�pi Told f I531918 Unrc�tricud 9.1/5.232 Tolal butinawrype utiri�let nel utep f 30.713.111 Nota S OTNER INRORMATION A. RISK MANACEMENT Oovemmantal I�nd belances reponed on tlie I�nd flnenclsl sutements a� ot December 71, 2007 Includa the following: The CIry Is exposed to vaiaut rl�k� ot loss rel�ted to toAt; �hoft of, dem�ge to and dapuc�ion of asteu; Raerved ertow and omlulon� �nd n�Nnl dlswlen. Mq�ar Fund+: Oemnl: Properry �nd cuudq Insuru�u I� provlded Ihrou4h 1h� Leayu� of Mlnnesota Ctlles Insunnce T�ust Prcpdd Ikm� f �pp (LMCI'I), publlo entlty rlik pool curroNly operaing u s common rlik m�nsgamcnt and Imuruiee Tvt IMrement Olarlc� No. Droyem for MlnnaoM ellla: genenl llabllly, properly, �ulomoblle, moblle propeAy �nd mulna, orlme, Suhttory houslns ubll;ulan �,q��,�2� emptoya dl�honecty, boller, md open maetln� I�w. The Clty pay� em m�ual inwwnce pramlum to �he 0.0. Imp�owmant Bond�� LMCIT for Ib Insurmee coverage. The Clty b�ubJeet �o tupplemenUl use��menb If deemed new�uy Debl arvlu 3,Oi6,7B5 by Ihe LMCIT. Curtently,lhe LMCIT Ii t�lf•susulnln4lFuouQh member premlumt �nd rolnturet Ihrou�h wmmerclal compsnles fbr clelms In excea of vulous anounb, The C�ry reteln� rlak Por the daduatlble InfruwUUeComWCllon: portloro of We In�urenw pollcln. The unount of thue deductlbla Is wntldercd Immsterl�l to the Commtqad oonuwu 73�,218 Rn�neld �utamenu. Nonm�or Fundf: Advuiuttoolherffu�dt 792 Workm�' eompen�nlon wvera�a li provlded Ihrou4A pooled self•Imuruica pro�nm lhrou�h tha Commfned tontncu 18),920 LMCIT. The Ciry p�ys �n �nnud premlum to �he LMCIT. The Clty I� aubJa� �o supplementtl Debl rcrvlce 3,698,113 uswsmenu Itdamed neteauy by �he LMCIT. TAe LMCIT reln�urcf Ihrough Worken' Compent�llon Prepdd Uemt �g,2)2 Reln�ur�nce Aeociation (WRCA) requfred by law. For workaro' compensellon, iha CIry I� not �ubJcet to a deduc�l6la, The Clry'� worken' compenu�lon I� retroec�lvely rotW. WI�h Ihlt rype of wver�ge, flml Toul s �,�;q,��s premlum� ue determined �Rer lo�s experianca Is known. The �moum of pramlum a�usUnem, lf ury, li conddered Imm�rcrfd �nd not rowrdcd undl realved or pald. Unruerved, dalenued M�Jor Fundt: Thero wera no �Ignlltcmt reducllon� In Insuru�a Itom Ihe prevlous yaer or cenlamenta In eKCass of QanenL Insurence wvenge tbr any of �he psst three yeere. Wotkin; crpiUl S 7,911,710 Tue Ineremeol Dtsidct No. 7: Ewnomladevalopmem 9,108,751 Nonm�Jor Funds Economic developmem 2.2/0,�01 C�plul lmprovemenu 5.090.675 Tvld f 31,681.151 CITY OF BROOKLYN CBNTER, MINNESOTA CITY OF BROOKLYN CBNTER, MINNE80'1'A NOTBS TO FINANCIAL 8TATBMHMS NOT83 TO PINANCIAL STAT@MBNTS Deumber 31. Y007 Deeembar I, 2007 Note S OTHEB INFOR111ATiOd (Conllnued) Noh! OTHER INPARMATION B. BMPLOYEE R6TIRBMBNT PLANS B. 6MPLOYBE RE'FIIIEMBNT PLANS (Continued) l. DEFIN6D 86NEFIT P6NSION PLAN .PEN910N PLAN—BAOOKLYN CENTER FIRE DEPAATM6NT RBLIEP PLAN DHSCRIPTION ASSOCIATION All Ihllqime end oerlein psrt-time employee� of Ih� Ctry m wvered by deMed bonafit plmt PLANb83CRIPTI�N adminfftcrcd by Ihe Publlc Emptoyea Rqirement A��ocfetlon of Mlnnao4 (PBM). PEM Tha City eontrlbulu to Ihe Brooklyn Center Fire Depulment Relief Ascoci�llon adminl�ten U�e Publla Employeet Rslinmenl Fund (PERP) �nd Ihe Public Employeet Pollceand Pira (1he Aftal�Uon) Fund (PEPFP) whlch are eo�t•�huing, multipla-employer realremem plam. Theas plem ere which It �ha �dmini+u�tor ot� dngle employer, pubila smployee de0nad bene0t ntlremem ey�tem �o etlabll�hed �nd �dminlHered in �cwrdmce wUh Mtnnwot� 9Atute, Ch�pten 333 �nd 356. provlda redrcmenl phn (�he Plm) lo voluntar OroOghun of �he Ciry who ue memben of Ihe A�wciallon. 7rie A�ialulon It orgudud �nd oparua under Ihe provl�lom of Mlnmsot� SNu PERF memben belong lo ellher the Coordineted Pl�n or Ihe Bulo Plm. CoordlnUed Pl�n memben Sulutef �Z�A. u�d provlda bena041n �ccord�nce w11h Uaie NNUte�, I ue oovered by 9ocl�l Seeurlly u�d Bufc Pl�n mtmbert ue nol. All nsw momban muil puticip�le in The AssxiNlon provldef relfrcment bene0u to memben md �urvivai, u daih ot ell ible �he Coordineud Plen. All polloe o111cen,11ra0ghtan �nd paca ofliun who qudlly for membenhlp memben. BeneOU �re a4611thed b B by sulute ua eovered by the PEPPF. y 1ht A�soolulon �nd �pproved by Ihe City Councfl under Ihe �ppllc�ble tklulu. The da0ncd retirement benetllt ue bued on s memba't yan of urvla. Vatlne P6RA provides re�lrement EeneltU u weil u dl�sbllhy benellu lo memben, end bene0u to �urvlvon ��8��� �flu �he IOth year ot urvlca whh 60N, beneflt Inerwing to IOOSL after �he 20th eu of upon dalh of eli�ible memberc. 8wie0b ue aubllshed by Suta 3utule, and vul �fler Ihra yar� of tervia. Y crWUed urvlee. Tha deMed rairemem benellu ae bued on member'� higha� �venga �eluy Por my Ifvo iuues+ive yeu� of �Ilow�ble �ervioe, �`e. �nd yeu� olaredil �I Iarmin�tlon of �ervice. Full beneliu ua avellebte after 20 yeus of �erviee by �be member �nd having a�tslnW Iha �ge of 30. The eurtent bena0l �v�ll�ble I� lymp cum ditlribution of f 7,500 per yw of torvice. Vaued, PBRA t�sua s publicly svalleble fln�ncid rcpoA Ih�l include� Iin�ncld sulemen4 �nd raqulred terminated memben who oe amitled �o benellu but ero not ye� recelving them are bound by tha �upplememary Informodon fbr PBRF and PEPPP. Thst repon msy be o6�alned by wrlting to pBM, provtalon� In eReet n the �ime of tcrmin�tion of inembenhtp. 60 Emplre Driva Suite 200, S�. Paut, Minnaots, SS103•2088 or Eq ulling 6S1•296•7460 or 800•634- Tho A�ueitlion luua s flnsnolel repoM thu Ineluda M�nelsl �Ntemenq and requlred �upplemehury 9026. lofbrmelion Ibr �he Brooklyn Cenkr Firo Depanmant Rellef Aewclstlon. Thet rapon I� svalloble et FUNDINOPOLICY lheC�tyofBtooklynCenlerCltyo%iW. Minne�o�a Ststulw Chepler 35) feW the r�tes for employer and employce conlribuliont. The�e PUNDIN� POI.I -Y tlalule� ue uqblished �nd un�ndad by �he uaa la�l:leture. The Ciry maka �nnud wnt�lbwloni to The Ciry Ievias prope�q uxa �t �he dlrection of uid Ibr iha bene0t of the Pl�n and pesa �hrough the penilon plen� equsl to �he emount requlred by auta �tehue�. PBRP Coordlmted Pl�n members �re �qts �Idf dlocsted to tlw Pl�n, dl In aaord�nce with en�bting 91ato �Itluta. Tht minlmum Isx levy requfred Io wntribute 3.73SL of the(r �nnud aovered wluy, PEpPF membet� ae requlred lo obligalion Ia Ihe M�nchl conRibullon raqulrement Ibr Ihe yaar lai enticipsted �uta �Id�. conlribute 7.809i of thelr �nnuel covsred wlary. The Clry li requlred to wnvibu�e Ihe following peranisgas of ennusl covered psyroll: 6.23'16 for Coordinaled Pt�n PBRF memben �nd 11.70SL for CONTRIB rc�ONa PBPFF memben. The City'� conuibulioru lo Iha Publlo Bmployee� Rellremenl Fund for the yeera ending Dacembsr 31, 2007, 2006, end 2005 wera S 792,52l, f 363,3��, and S 326,886, rapectively. Totel oonulbudon� to �he plm In 2006 wore S 16I,019 otwhkh dl wu 1Fom �he Sute otM(nnawu. The Ciry'i wnuibullon� to Ihe Publlo Employea Palica uM Fire Pnnd for 1he yeut endfng Deamber 3f, 1007, 3006, and 2005 were S 774,493, f]18,913, �nd S 274,868, re�pecUvely. The Cly 7'he �quuhlly dalormined oonlributlon based on en �ctuubl v�lwlfon performW �t hnuary 1, 700! conalbutlon� were equel to the wntrecluslly requirW wnulbutloro tor each yeer u ul by thte w�s t 79,397, wh�oh roprasen4lbndlns fbr normal awt of S 79,1]3 md unonitedon of �he atea» slawta. over Iha seluulal �anud Ileblliry ot(S ]9,338). Ae�ual wnlribulloni have wnlfnued tl AiQha levals lo dlow for tnmttlon W dolined wntrlbullon plu� in �he I�luro. Thaa higher p�ymenq ue Irtevocsble end da not Nfect Na level of ILwro Clry eonulbWion�, nw do 1hry aon�tlluta �n wet of �he Ciry. The City'� f 161,019 wntrlEuHon b the A�socl�tton M 2006 w�s raorded u intm`ovemmenul rcvenue �nd liro deputm�nt expendituro In 1he Oenerd Fund. I ...W..� �,.�w._.�.w„�.�w�. a� t CITY OP BROOKLYN CBNT6R� MINNE90TA NOTES TO FINANCIAL STATBMENTS CITY OF BROOKLYN C6IVTER, MINNESOTA Dxember 71, 2007 NOTBS TO FINANCIAL STATBMENTB Deamber 31, 2007 No1e S OTN6R INFORMATION Nole S OTlIP.B �VPORMATION (�pptinu0d) 8. EMPLOYEERETIR6MgNTPLANB C. ARBITMGEREBATE P6NSION PLAN BROOKI.YN CBNTBR RIRB D6PAflTMENT RELIEF The Tu Reform Acl of 1986 requlra� Qovemmenlal enlfl(e� to pay a tha fedard ...nt Incoms A680CIATION (Cantlnuad) eemed on the proaeedi iFom the luumca of debt In exceu af Inlerest ooals, pending 1he expendiluro of �he bortowed I�nds. 77ds rcbete of IMerest Inwma (known es arbitroge) appllee to �ovemmenlel dabt lasuad The Inlbrmellon below tt tha most reant deu �vailvble. �fter Au�us131, 1986. Acluuld vdwllon d�te ���/1007 The Ciry I��ued �e�ter th�n f3 milllon of bonds in Ihe yeas 1997 �nd 2001 �nd therefore Is required to Aotuuld eori method Entry qe normd wa� meihod rebeta excese Invesunent Income relulnQ to �hwe Issua 10 Ihe RAerd Qovammenl. The exlent of Iha Amontritbnmeihod Leveldolluunoumunonl:ed Ciry't II�biQry Por ubitnge rcbeta on the remalning bond I��ue� i� not detemiinebla st lhls tlme. on alosed batls Nowaver, ln ihe opinlon of man�gemant, �ny such Ii�biltty would be Imm�leri�l. i Ramdnlnj unonlutlan pedod 11 y�u� Arxtvdu�Ibnmelhod hirnlue D. LITtCATtON Aauuid mumptionr. lnv6su�xnt nle ofreNm 6.OSL compounded ennuelly The Ciry Is iubJee� to urleln legel ¢Ieims In the normel wurse of bu�inea�. Menegement da� not expect Dlacount nle for obliwtlone 6.00SL �he rosolwlon of �hese clelms will hwe e materlel impacl on �he Ciry's On�nciel condiUon or resulu of ProJecNdaluylncrew� Nol�ppliable opere�bnt. N Pat rblircment benefi4 Nona B. COfVTINCENT LIABILITI68 Inllulon nte Nol �ppllc�ble T�x Inoremant Nole� THrteE YeAR TREND INFOrtnnnTlON In May 2002, ihe Ciry enlerad Inta two Ilmlled lax Incremenl notes wUh developen whereby the City w111 psy the developen peranuge of the �v�psble ux increment. Whether peyments wlll occur end tha Three Ye�r Trend Inform�llon �mounl of Ihe paymenu Is unpredicUble tinee all p�ymen4 ae dependenl on the City «telvin� We Inercment revenua Rom �ha developer'� proJeu. A� mch, thl� Ilablllry hu not been reaorded In the Annud Parcanu�a Net Onanclal �latemend. Any polenlld Ilabllfty end� wtth �he decerllRation of the teit fneremenl dislrlct. Yev Peroion ofAPC Peroion 6ndlne Co�t (MC) Comri6uled Obtif�don A ichedula of the notet oubtu�dtng �t December 31, 2007 is a followr. ILlIQ00/ S ISi,991 IOOSL f Amendcd iLlIQ003 111,716 10075 Od{Ind IL�I/t007 Inlera�t Me�wlq IL]12006 161,019 IOOSS Note Pdnciwi Bdana R�la D�le Trfn l,�ke� Bwineci Puk S 7,121,199 S t,131,392 B.00Y� I/31/3031 8.H .D �L -OF F Mp�NO PRO�R BQ Aueb In Bxuw of Acniuid Aemuial AcNvid (UnPonded) Vdu�don Vdue of AaNed Aarued Funded O�w Awu Ll�blllrv Llebilirv Ruio 01lONl00] f Z.S10.771 f 2.i13.6q f (Z77.136) 90.74i 01/OU200S ),761,60) 2,9A6,2t7 )95,D6D 113.2X o�roinoo� 1,024,917 3,7U,i92 ]I1,693 IOB.ISfr CITY OP BROOKLYN CENTBR, MINNESOTA NOT89 TO FINANCIAL STATEMBNTS CITY OP BROOKLYN CBNTBR, MINNL+SOTA NOTES TO FINANCIAL STATCM8NT8 December I, 2007 Daember 31, 7007 LVpje S nTHEH INFORINATIAN (Contlnued) dple S OTNER INRORMATION P. POST•EMPLOYMBNT HBALTN CARB BENEPI7'8 G. JOINT VBNTUR69 AND JOINTLY COVERNBD ORGANIZATIONS (Contlnued) The Ciry ho provided poswmployu hallh wo banaflu, u per tho requlremenp of Ihe C(ty Councll 'rhe Brooklvn Center Pirc Deo •�menl Re�lef Aft�r.lellon hAe Af�a•.Istlonl roeolmlon, Ibr anain �Ireaf and thely dependem� ilnca 19l6. Full dme amployeva have the optlon of The Atsaaledon It orQmlzad u� nonprolit orQudullon, ia�dly tepWUO Rom lhe Ctty, by lu member� lo reulnin� membenhtp in Ihe CIq9 hullh In�unnco plm for whleh Ihe Ciry wlll p�y �he ilngle perwn provlde penilon end aher beneAu to memben In accordence with Minnesou Sutuia. lu 6aerd of prem�um unUl euch Ilms w Ihe roUree I� e0�lbb Po� Medlare wven�e a�t aQe 63, whlahever b:ooner. dlrectors Ie elalad by the membm�hip of Iho AuoclNlon �nd not by �ha Ciy Councll. The As�aistlon If the re�irea daircs lo wminua femlly eovenge, the �ddiilonsl wrt for famlly eoversge ahall be peld by is�uet lu own ut ot Onmclel �utemtnu. All NndlnQ Is condumed In uxordu�ce wiU� Ilable Ihe re�ires to Iha City. Then ue Iwo melhods whareby u� employee cu� qu�lify undar Ihb pro�un. Pint, WP Ihe employa, on the dste ot hlyher rellrcment, mwt mut eligiblliry requiromenu Ibr a PoII redrement MlnnaoM Stalula, whercby mta .ta noW to Iha Afwclslton, wc levlw ae deurmined by !he Assaol�don uid ue only nvlewed by Ne Ciq. Tha Auxluloa pyre benaf►b dka�fy to ks memben. The �nnulry under PEM wllhoul rtductlon of benellu baause of �;e, dlubil(ty, or �ny other rwon Cor A�wclellon may cehlly ux levla to Hennepin Counry dlteclly If ihe Clry doef not cury oul thb Ponctlon. tWualon. In eddiUon, �he emQloyea mw� Aeve been employed tldi time by �he CIry Ibr Ne isst ten Beaua ths Auocl�tlon 1� Ocedly Indepandent of Ne City, lhe tinaneld Inform�lion ot Ihe A�wclUlon con�eculive yeo� prior to Ihe efCecllve OYe of rollrament. Addtllomlly, employeu who ae retlring afler hu not bean Ineluded wlthln �he City's Onanoisl �utemenu. (Bee Note S.B.I. for dfwlwura rol�lln to twanry•flve yean of eoivaautive �arvice wlth th� City �nd �re ellylbl� to rscetve pen�lon Bom PBRA the penilon pl�n operded by the Aual�tion.) Complete Mu�cIN iletemen4lbr �he A��ocltllon m�y be I �hdl hsve Ihe optlon of teulning membenhlp In �ha CIty'� huUh In�uronce p��n tbr whlch �he employu obulned u �he Clq� ollia� louud u 63018h1n�b Crak Pukw�y, Brooklyn Center, Minnaol� 33430. wlll pay �he promlum umil �uch rtme ss Ihe «Nree i� eliolble lo receive f�ll•ralirsmenl �nnuiry under P8M or PEPFF. At that tlme, �he Clq wlll psy �he dngte-penon premlum umll aueh dma a� �Aa redrea Is H. SUBSEQU6NT EVENT eligiblo for Medicsro wvenge or at �ge 6S, whlchever I� �aoner. Bmployea puticip�te in thl� program on a volunury bul�, In Janu 100t, lhs 8DA �otd Ihe ro I N h' p perty �16300 Eule Brown Driw to Brooklyn Hotel P�nnen Ibr SI, A� of December 71, 2001, I) em lo ea curtenll arllci �te in Ihl� ro run. The rn�1 ofCi The proparry h�d been removed hom �he Eule Brown T�c Incremenl Dittrict In October 2006. D Y Y P V D Y ry pdd hed�h cue premlum� fo� �he yw� ended December 1,1007 wa S t6,70l. Fund II�bllltiw ue pdd on p�yu• In Februuy 100t, Ne 8DA �pprored d�valopment �yament �nd ral etNN opllon �yreemant with Ihe you•go bub wi�h invetlmenl euning� of the Pund. The f 2,317,�82 rccorded u� Ifability I� no1 u� U.S. Oenaal Servloa Adminl�uedon Por the property IS01 Freawsy Blvd. At Deaember �I, 20071h1t aclusrlolly delermined unouN, but ihe Cfty•t besl allmola of Ihe fhture Ilablliry. proptrry 1� roported �t Atw4 hald for retde in Tne Incramenl Dltlrict No. 3 at a net redirable velue ot C. JOINT VENTURES AND JOINTLY COV6RNBD ORGANIZATION9 f 2,l26,829. Tha Ciy hes �evenl agrcementf wilh other enitltes Ihel provide reduced cos4, befter servlu, md In Aprll 2006, Iha Clry purchued Iha propetty at 2l00 Counry Ro�d 10 fiom IZ77 LLC for S 6,473,14I additionel bene111t 10 Ihe erticl snU. The ro rem� In whlch �hs CI for «developmenl. Thb property w(II be taorded tn the Tat Increment DI�Irict No. Ihnd n Aaaeu held P P P B ry Panlcipate� ero Il�ted below md !br resale �t wtt, not to excaad pat rallrable value. umil �he properry i� sotd. amounu «wrded wUhln �he curtenl yeu's finmclsl tldemrnu ae df�cloted. Locd OovemmenllnPorm��ton Qyitem� A�cocfetlon Q 0 °isi In Apr112008, Ihe Clly sold 54,333,000 In T�x Incremsnt Fln�neing Bond�, iha proceeds of whlch will bs This consorllum of spproxlm�taly ]0 �ovemmem entples providea wmpulerlud da4 ptwestinQ end usad �o On�na ths wqutddon, demolldon, olewnce, ond d�e prapaulon In wget redevalopment ueu fuppoh �ervices to Ib memben. LOO1S b legally tepu�te; the Clty dou not �ppolnt a vo�ing msJodry of W���n Ihe Cily'i T�x Incremenl Oistriet No.3. 14 boud, �nd th� Con�on(um I� livally independent of Ihe Clry. Th� IoUI unount recorded wUhin �ha 2007 flnenolal ��e�emenu of �he Ciry U S 366,193 for genenl aervicm end epptludon upgnda provided. Cosp were dlocNed to Ihe vulou� Pond� bued on �pplic�llon� andlor use of servlat. Complete Onanold �tetemanu tor LOUIS m�y be obulned �t Na LOOIS alllu� loeued u l730 Duimh Strat, Oolden Vdley, Mlnnwole 33422. 1.06I8 in! �ran Oro�, I' This group providef cooperotfve purchufng of heellh �nd IiR Intur�nce benaflu for �pproximetely �S �ovemmamd andtlet. The lotol of 2007 heallh end Ilfe In�unnca wsu pold by �he Cfty wu S 1,1]3,033, Complete Onsnclel �uteMenb mq be obulned 8om Sunton Qroup Ix�ted u 3/0S Annspotb L�ne, PlymoutA, Minnewu Sl447. uw�uuu�uw�w�».�.� City Cauncil Agenda Itern No. 11k COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Vickie Schleuning,"A� istant to the City Manager DATE: December 8, 2008 SUBJECT: Resolutions Amending the Fee Schedule for Certain Inspection and Neighborhood Maintenance Services Recommendation: Staff is recommending the adoption of the subj ect resolutions amending the fee schedule for certain inspection and public nuisance services. Background: Options for fees certa.in inspection and neighborhood maintenance services were discussed at the City Council Work Session on November 24, 2008. Based on feedback, the language regarding the two reinspection fee categories (multi-unit properties with four or more units and properties with one to three units) was changed to provide a better distinction between the two categories. Certain services for maintaining the community in a safe and attractive condition are performed by the Community Development Department and Public Works Department. Costs of these services are sometimes reimbursed through fees and service charges, fully or partially. By law, the maximum charges must appropriately reflect the costs the city incurs. Fees and service charges are periodically reviewed and adjusted accordingly. As a result, two resolutions are presented for Council consideration. Marty items were considered in the recommendation of these fees including: Should the costs of city services be fully recovered or partially subsidized based on overall impact to public good? How does the charge or fee influence the desired outcome and city council goals? Is the charge justifiable in accordance with Sta.te law? Some charts are provided in Attachment III, which indicate some fees and chazges, as well as fee structures, in other cities for various city services. SUMMARY OF FIRST RESOLUTION Reinspection Fees Reinspections performed under Chapters 12 and 3, reinspections of rental properties and building inspections. The proposed changes are as follows: Increase the reinspection fee from $50 to $100. The reinspection would continue to apply to the 2" reinspection and each successive reinspection. This fee was last changed in 2005. For multi-unit properties with four or more units, a reinspection fee would apply to each common area and each unit in order to more appropriately cover the costs of service. Currently a large complex is only charged the one reinspection fee regardless of the number of areas and units requiring reinspection. For example, reinspecting a single family home would be charged the same amount as reinspecting an apartment complex with 100 units. City Facilitated Abatement Service Charges A tiered fee schedule is proposed to help recover city costs associated with the elimination of nuisances where voluntary compliance is not achieved from the responsible party. The fees are based on average resource costs for certain abatements. Typically abatements with higher costs are a result of more complex problems and take more resources. The fees would provide a more uniform application to various types of abatements. I.e. long grass/weed, junk/garbage, securing property, etc. Instead of multiple charges for certain types of services, the fees have been combined so they are easier for the customer to understand and easier for the staff to administer through a more streamlined process. A summary of the second resolution is provided below. Baseline fees associated with vacant buildings are indicated. If a property requires other city services, they would be charged a service charge as otherwise indicated by the existing fee schedule. SUNIlVIARY OF SECOND RESOLUTION Registration Fee The second resolution sets forth vacant building registration fees. A broad spectrum of fee schedules range throughout the nation based on condition of properties, years vacant, overall impact to city service costs, direct costs, support of organization goals, or combination thereof. A tiered fee schedule is proposed to encourage maintenance of properties and efforts to place the property back into positive use with the following considerations: It is important to be able to monitor changes to the housing market, evaluate conditions of housing, and be able to base housing strategies on gathered information. Monitoring vacant properties that are vacant for more than 30 days provides a tool to accomplish this. However, properties that are well maintained and the responsible party is actively working to re-occupy, demolish or otherwise provide long-term solution would take less city resources and therefore a minimal fee is proposed. The 30-day vacancy prior to registration would allow the property owner to rnake any necessary corrections and improvements prior to registering with the city. Properties vacant for more than a year inherently pose a greater risk to the community. They become a greater risk for vandalism, dumping, becoming an attractive nuisance and detracting from the neighborhood. Subsequently, a greater amount of city resources is required to monitor; inspect; conduct investigations; perform water shutoffs; respond to complaints, criminal activities, and van�alisni; and to conduct enforcen�ent activ�ties- where voluntary compliance cannot be achieved. Budget Issues: Many items were considered in the recommendation of these fees including: Should the costs of city services be fully recovered or partially subsidized based on overall benefit to the public and community? How does the charge or fee influence the desired outcome and city council goals? Is the charge justifiable in accordance with Sta.te law? Attachments: I- Resolution- Reinspection Fees and City-Facilitate Abatement Service Charges II- Resolution- Vacant Building Registration, Re-Occupancy Inspections, And Rental Conversion Fees III- Fee Compaxisons for Various Cities for Fees and Service Charges I RESOLUTION I- REINSPECTION FEES AND CITY-FACILITATED ABATEMENTS Member introduced the following resolution and moved its adoption: _RESOLUTION NO. RESOLUTION AMENDING THE SCHEDULE FOR REINSPECTION FEES AND ADDING A SERVICE CHARGE FOR CITY-FACILITATED ABATEMENT WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution Na 2005-152 on October 10, 2005, which amended the fees to be charged for reinspections relative to Chapter 12- Building Maintenance and Occupancy Ordinance and Chapter 3-Building Code; and WHEREAS, certain city codes authorize city-facilitated abatements for certain public nuisances and code violations; and WHEREAS, the City Council has determined that it wishes to modify the fees for reinspections per Chapter 12 and Chapter 3 and add a service charge for city-facilitated abatements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to amend the City's fee schedule for reinspections and city-facilitated abatements as follows: 1. Reinsnection Fee Schedule A reinspection fee for the second reinspection and each subsequent reinspection shall be collected from the applicant, owner or responsible parry as set forth below. Reinspection fee for properties $100 with 1 to 3 units Reinspection fee for properties $100 for each common area, with 4 or more units plus $50 each unit 2. Citv-Facilita.ted Abatement Service Char�e Abatement Costs Administrative Service Charse Up to $999 150 $1 000 to $4 999 3 00 $5,000 to $9,999 750 $10,000 to $14,999 $1,250 $15,000 or more $1,750 Each Junk or Ino erable Vehicle 150 P Each non-assessed diseased tree/stump 50 Removal (by agreement) BE IT FURTHER RESOLVED BY THE City Council of the City of Brooklyn Center that this resolution shall be effective December 15, 2008. 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. RESOLUTION II- VACANT BUILDING REGISTRATION, RE-OCCUPANCY 1NSPECTIONS, AND RENTAL CONVERSION FEES Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE SCHEDULE ADDING A FEE FOR VACANT BUILDING REGISTRATION, RE-OCCUPANCY INSPECTIONS, AND RENTAL CONVERSIONS WHEREAS, the City Council of the City of Brooklyn Center adopted a vacant building ordinance, Chapter 12; and WHEREAS, city code authorizes registration requirements for vacant buildings and inspections prior to re-occupying a vacant building; and WHEREAS, the City Council has determined that it wishes to add a fee to help recover the city costs of monitoring and providing city services associated with vacant buildings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to amend the City's fee schedule for vacant building registration, re- occupancy inspections, and residential rental property conversions as follows: 1. Vacant Buildin� Re�istration Fee Schedule An annual registration fee shall be collected from the applicant, owner or responsible party as set forth below. Category 1- 100 Property vacant for less than 1 year, and does not have any code violation or has not been issued a compliance notice for code violations. Category 2- 400 Property vacant for less than 1 year, and has a code violation(s), or has been issued a compliance notice for code violations. Category 3- $1,000 Properly vacant for 1 yeaz up to 3 years Category 4- $3,000 Property vacant for 3 years or more 2. Re-occunancv Insnection Fees I A ro e maintenance re-occu anc ins ection fee is re uired for re 'stered vacant P PrtY P Y P q buildings as follows: Apartment/Condo $115 Townhome $195 Single Family $195 Duplex $275 o Reinspection fees apply according to fee schedule 3. Residential Rental Pronertv Conversion Fee A residential property converted to a rental property or a 500 registered residential vacant building re-occupied as a rental property. This applies to lawful single-family and single-family attached dwellings. n Cent r that this I BE IT FURTHER RESOLVED BY THE City Council of the City of Brookly e resolution sha11 be effective December 15, 2008. 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 ag ainst the same: Whereupon said resolution was declared duly passed and adopted. ATTACHMENT III- FEE COMPARISONS FOR VARIOUS CITIES FOR FEES AND SERVICE CHARGES Please note that the comparative information provided in the following charts was gathered from multiple city sources and is accurate to the best of our knowledge. Fee C�omparison for for Re-Occupanc� Type of Inspections Based on inspection types sirnilar'to re-occupancy inspections such as point-of-sale or property main#enance certificate inspections: City; �Fee Brooklyn Park �$150 all housing types New Hope $135 Duplex; $135.00 each unit total$270.00, Multi family: $13 5.00 first unit Plus $15.00 for each additional unit. Bloomington $185 Richfield $100 $35 reinspection fee for 2 Reinspection St. Louis Park Condo $115 Single Family $195 Townhouse $195 Duplex $275 Crysta.l Single Family $125 TwoFamily $150 Reinspection no-show $50 Fee Comparison for Various Cities for Vacant Building Registrations City Fee Special Considerations Minneapolis $6,000 Does not include property with no code violations St Paul $1,000 Does not include property with no code violations Desert Hot Springs, $60 CA Chula Vista, CA $70 Penalties for noncompliance. Registration based on calendar year. Registration fees not prorated. Wilxnington, 1 year vacant 500 Does not include properties in the Delaware 2 years vacant: $1,000 process of demolition, rehabilita.tion, 3- 4 years vacant: $2,000 or other substantial repair of the 5- 9 years vacant: $3,500 vacant building, and work will be 10 years vacant: $5,000 completed in a reasonable time; or 10+ years vacant: $5,000, �tively attempting to sell or lease the plus an property during the vacancy period. add' 1 $500 every year property is vacant. Fee Comparison for �arious Cities for Rental Conversion City Fee Brooklyn Park I$ 500 Minneapolis $1,�D00 New Hope I$1,000 (passed Nov. 24, 2008, goes into effect in 2009) 1 West Lafayette, IN I$ 500 1 i ..T �lty �a���+��1 AgenC�.� It�� 1.�1 i .4�: t City of Brooklyn Center A Millenniurr��t�r ��M MEMORANDUM TO: City Council FROM: Curt Boganey, City Manage��'j DATE: December 4, 2008 SUBJECT: Resolution authorizing employee use of Community Center at no charge Recommendation: I recommend that the City Council consider approval/adoption of the subject resolution authoring employee use of the Community Activity Center with no charge as a means of encouraging better health and increased productivity. Background: Research suggests employers get an average of $3.48 back in reduced health care costs and $5.82 in lower absenteeism cost for every dollar spent on employee wellness. According to the Journal of Qccupational and Environmental Medicine, people who exercise as little_ as once a week in em.ployee fitness programs average nearly five fewer sick days per year. Benefits For Employers: i Enhanced employee productivity Improved health care costs management Decreased rates of illness and injuries Reduced employee absenteeism Benefits For Employees: Lower levels of stress Improved physical fitness Increased stamina Potential weight reduction The City of Shoreview also provides all employees free membership to their community center. Employee members can upgrade to a family membership by paying the difference between the single and family fees. We are recommending the same opportunity for our employees. Employees will be allowed to use the facility when they are off duty during non working hours. Each year the program will be reviewed to determine the value, benefits and cost of the program. Budget Issues: It is anticipated that there will be no significant impact on the budget due the fact that very few employees are current members. It is conceivable the increased employee membership will encourage family memberships that will add revenue the Center. The cost of lighting, heating and staffing of the community center would not change. 630I Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (�63) 569-3494 www.cityofbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EMPLOYEE USE OF COMMUNITY CENTER AT NO CHARGE WHEREAS, the City of Brooklyn Center recognizes that the health of its employees is very important; and WHEREAS, the benefits of helping our workforce stay healthy are substantial, as it allows workers to be more productive, reduces the number of workdays lost to illness and lowers health care costs; and WHEREAS, the Brooklyn Center Employee Wellness Subcommittee has requested that Brooklyn Center employees be able to use the Community Center at no charge during non-work hours, as a way of encouraging fitness and improved health; and WHEREAS, there would be no significant impact on the budget by allowing said use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: Employees are authorized to use the Community Center according to the following parameters: 1. Regular Employees upon request will be provided individual memberships to the Community Center. 2. Employees can upgrade to a dual or household membership by paying the difference between the fees. 3. Use of the Community Center will be restricted to non-work hours. 4 Program will commence January l, 2009. December 8, 2008 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: s and the following voted against the same: whereupon said resolution was declared duly passed and adopted. h I ��orl� Sessi�on: A.g���:�. 'j�� l i n, AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION December 8, 2008 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Shingle Creek Daylighting Plan 2. Foreclosure and Vacant Housing Reinvestment and Home Ownership Program Options Pending List for Future Work Sessions 1. Three Rivers Park District Plan 2. Adult Entertainment Establishments 3. Rental Housing Plan Update 4. TIF Districts Update City Manager 5. 2011 Brooklyn Center Celebration Status Report 6. Public Safety Annual Report Wor� Se�sian Agenda Item �T+�. 1 Memorandum Council Work Session DATE: December 3, 2008 .2. _.,t ..1 T0: Curt Boganey, City Manager FROM: Gary Eitel, Community Development Director SUBJECT: Discussion on Adopting the Shingle Creek Daylighting Study Framework Plan as a Planning and Development Guide for Creek Enhancements and 'te the 0 ortuni Site the rookdale Mall Si Redevelo ment Within the B pp ty P Central Park Master Plan and the Center Brookdale Goif Course Master Plan. Council Action Recommended Should the City Council chose to proceed with the implementation of elements of the Shingle Creek Daylighting Study Framework Plan; City Staff will prepare a resolution adopting this Development Framework as a development guide for creek enhan�ements and planning for the redevelopment of the Brookdale Mall and the Opportunity Site. Background Information: On October 13, 2008, the City Council Study Session included a presentation by Hennepin in le Creek Framework Plan. The County Staff and Consultants on the Daylighting Sh g framework plan dividedthe creek into four segments: Reach 1-A The Center Brookdale Golf Course Area Reach 1-B The Brookdale Mall Area Reach 2-A The Creek Area South of the Hennepin County Library and the Opportunity Site Reach 2-B The Central Park Area south of I-694 And included the following components: Issues, challenges, opportunities and constraints for each study area. Planning Objectives Plan Alternatives Implementation tasks, time frames and possible lead agents. Appendix A- Opportunity Site Studies (Calthorpe Associates 2003) and Damon Farber Associates, Master Plan and Development Guidelines 2006) Appendix B- Brookdale Mall and Kohl's Parking Study 1 Redevelobment and Creek Enhancement Opnortunities [Reach 2 A and B] 1. In a cooperative effort with Hennepin County, the Shingle Creek Watershed Commission and the Three River Parks District, the city could proceed with the f�ll��ving-enhancements identified within the Framework Plan: -T w- Reduce stormwater runoff volumes and peak flows Remove invasive plant species and increase native vegetation along creek banks Reintroduce meanders where space allows Use of stormwater as an amenity to create connections with green infrastructure Improve pool/riffle regime for improved oxygen and habitat Re-establish vegetative buffers Reduce nutrient and sediment loading to the creek with stormwater treatment on adjacent parcels Preliminary discussions with Hennepin County indicate their willingness to retain the engineers from the Watershed to design and prepare plans and specification for public bidding. The Counry has also indicated that they would work with the City in funding these improvements. The Three Rivers Parks District has indicated a willingness to include the reconstruction of this trail as part of their Capital Improvement Plan and a regional trail connection agreement with the City that would complete the connection of the Twin Lakes Trail Corridor to the Shingle Creek Trail Corridor. [Reach 2 B] 2. The Ciry can promote the planning for the redevelopment of the Opportunity Site to include the following: Incorporation of stormwater treatment into the streetscape design. Incorporation of shared stormwater areas. Incorporation of trail connections through the Opportunity Site and back to Central Park. Preliminary discussion with a developer interested in a commercial Planned Unit Development for the southern 30+ acres has indicated a willingness to work with the City to incorporate these type of design features into their development concepts. [Reach 1B] 3. The daylighting concepts have been provided to the previous Mall owner and a prospective new owner of the Mall, both parties were receptive to working with the City to include the following design principals into their redevelopment plans: New daylighted, low-flow creek channel that incorporates a meandering 2 alignment, substrate diversity, riffles and pools, and native riparian vegetation that will restore ecological function and facilitate fish migration. A culvert under the new mall entrance road that will direct low flows to the new daylighted channel, but restrict high flows, forcing the water to overtop the existing weir and into the existing box culvert. This allows for a relatively narrow creek corridor at the surface. The aesth�tics of th�-new dayiigYrted creek will pro�ic�e a soft, green environment that is pleasant to view and pass through year-round. The new creek corridor will rovide aesthetic and recreational value that P supports parcel redevelopment adjacent to the creek. The new creek corridor will be an identiry-giving element for the area. Redevelopment adjacent to the creek should consist of entertainment-based retail uses that take advantage of creek views/access. [Reach 1A] 4. The design principals for the Ciry owned Center Brookdale Golf Course includes: Creek aeration cobbles that will improve water quality and aquatic life. Buffers will be widened along the creek to improve habitat, filter/remove pollutants {i.e. sediment and nutrients) from stormwater runoff and reduce stream bank erosion. Adequate light for re-establishment of riparian vegetated buffers will be provided by thinning existing dense tree canopies as needed. Creek enhancements will not require significant alterations to the existing golf course layout. The Coun has ex ressed a willin ness to work with the Watershed Commission and fund tY P g the desi n of these develo ment lans. The im lementation element of the Framework g P P P Plan indicated that the County will partner with the City in soliciting grants to help fund the construction and that they would complete construction documents and perform construction. Council Policv Issues: Should the City Council adopt all or parts of the Shingle Creek Daylighting Framework Work Plan as official City Policy? 3 o I',..J'.i��el. i L: Jt:�Y4ei;'sa6 d .�'S fi t t?� r s'� fi x rV: !f Reach 2b I �,;;,s r Begins south of I-694 �7 -�.�r y t�'�� Creek meanders through parks j Side channels and pools `.r. r �y ��'r't' ,q., Av'' n i. r A' A �`M1 AG R rt' il r 'r� t ��.4 K� y:- J k ..s s� r "r� r� n� s �rA�. r�.� �8��, /4 �r y �:�`.;j x: r, ,'"=l 1 Reach 2a b �y..�f +�Y�1�� t Begins where Creek straightens y Straight waterway �1 i� �'�,i��>� Moves through wetland and =�•v i d r,. j wooded area L r :•i.. Relatively dose private property s i +1�'. a j td''� +s i Y' y' k I T q�; J �t A�w is 5 q a ��:,5;'W� T .1 L I S r i.�� 4 e+�n-r-.rj Reach 1 b 1 B Begins south of CR 10 at weir -r structure i d a Runs under Mall parking lot No adjacent open space 4 r T No ublic ri ht-of-wa .r 1 B °,�i�"!b �¢ax,r' �a p 9 Y y g e fy r w ��.t' �S^� '+2 �r 4T n s� R :;,0, r�?� +`t�f', e� /r y s .c yyp�y v ��.R( �J�l r /V� 'F i wM1.� }�4A��{ E RJI f 1A Reach 1a ��.;,��-h f.c�..��f 1 �1 d .���.vv ��i• Begins on the north side of TH f� A z�� s.� r'�` c°. :Y v 100 �V� �n a R 7 r:h� 3��a ;1:,; d��r fz$' I Straight waterway `c� ,i�, r,� �°!�`r;� p,.r Runs through golf course r r Y s,.�, °N t �-=i i= t e sF r rr r Treats stormwater runoff from v,�,� a?? c� r� r s raf r �i i�� Mall area c 'T -i p 7��}.-r F.:- r.r i� f �k a F�.. '-e� r i.,�,k s: ti' t -r a. j f�� .r�1 1� t "�'�`.T�i�.���iT 17 Wark Se�s�.a� A end� Item 2 w F MEMORANDUM COUNCIL WORK SESSION i DATE: December 8, 2008 TO: Curt Boganey, City Manager FROM: Gary Eitel, Community Development Director T°om Bublitz; Community Development Specialist Vickie Schleuning�'Assistant to the City Manager SUBJECT: Foreclosure Strategy Step 4- Reinvestment Program Options Recommendation: Staff is seeking feedback from the City Council in regard to program options to address reinvestment initiatives associated with the mortgage foreclosures and vacant properties in the city. Background A Four Step Foreclosure Strategy As the city continues to make progress in Step 1. Data Collection implementing t11e city's four-step foreciosure Identifying the scope and depth of fores;los�res and strategy, some suggested options to address Step 4- its impact on the community in order to develop Reinvestment are presented for Council discussion effective action plans. Although initial analysis is and feedback. Based on activities and actions already complete, monitoring changes in the im lemented to address Ste s 1-3 of the housing market as it fluctuates and evolves is an p p ongoing process. Foreclosure Strategy and input from mortgage companies, realtors, Greater Metropotitan Housing Step 2. Neighborhood Stabilization Corporation (GMHC), and citizens, some possible Evaluating and monitoring the condition of o tions to encoura e reinvestment in the properties, eliminating imminent health and life p g safety hazards, securing buildings, and minimizing community have been drafted. nuisances. The programs in the Attachment are possible Step 3. Prevention and Intervention Preventing or assisting individuals facing options to address the high number of mortgage foreclosure through education and referral foreclosed homes and associated vacant properties activities. in the City of Brooklyn Center. These programs or 5tep 4. Reinvestment variations thereof are being implemented in other Promoting re-occupancy of vacant properties, with cities to address the foreclosure aftermath. A brief a focus an safe and decent housing and owner- occupancy. explanation of the program, criteria and guidelines are provided in the Attachment. Three basic program types are indicated- loan assistance, demolition of substandard properties, and city-executed housing rehabilita.tion. Some common themes are reflected in the programs, which also take into account Council goals, including: 1 Promote home ownership. Promote re-investment in properties and the community, including home improvements. Eliminate unsafe structures and public nuisances. Apply income eligibility requirements due to funding source criteria. Focus on mortgage foreclosed and vacant properties, linking these programs with the Vacant Building Registration Program. Budget Issues Funding sources for these programs as laid out include Tax Increment Financing (TIF) funds and Community Development Block Grant (CDBG). Federal Neighborhood Stabilization Plan (NSP) funding may be available for use through pass-through grants from Hennepin County and the State of Minnesota. The amounts and use of these funds through the county and state have not yet been determined. However, the stipulations of these funding sources have also been considered as the program criteria were developed. The TIF housing fund contains $3.2 million dollazs available for use for low to moderate income and blighted housing initiatives. An additional $300,000 annually is anticipated through the life of TIF I3istrict #3, which is scheduled to terminate April 19, 2021. The recommended plan would be to allocate the funding as follows: •$1 million dollars for the buyer incentive program for down payment and closing costs. $600,000 for the demolition program. $0 for the rehabilitation program. At this point, staff recommends sparing use of the rehabilitation program since it is more costly and time consuming. However, it is good to have this option available if it could be an effective tool for a specific situation. Attached Attachment I- Foreclosure Strategy- Reinvestment Options 2 Attachment I: Foreclosure Strategy- Step 4. Reinvestment Options City Council Work Session 12-08-08 Program Options for Mortgage Foreclosed and �acant Properties Summary of Program Criteria and Guidelines- DRAFT T'he following programs are possible options to address the high number of mortgage foreclosed homes and associated vacant properties in the City of Brooklyn Center. These programs or variations thereof are being implemented in other cities to address the foreclosure aftermath. A brief explanation of the program, criteria and guidelines are provided. Three basic program types are indicated- loan assistance, demolition of substandard properties, and city-executed housing rehabilitation. I. ReNew Buver Incentive Pro�ram ReNew Loan 1. Program Summary: The Brooklyn Center ReNew loan program is a downpayment and closing cost assistance program to help rebuild the housing market in Brooklyn Center where higher than normal levels of mortgage foreclosures and vacancies has occurred, decreasing home ownership. The program offers a$10,000 zero-percent interest loan that is forgivable over five years to anyone buying a home in which they will live. 2. Loan Terms a. Zero percent interest b. No monthly payment. c. The loan will be forgiven over a five year time period fram the date of closing with forgiveness occurring at a rate of 20% each year on the anniversary of the closing date. d. The loan is due on sa1e, transfer of title, when the primary mortgage is paid off, or when the property ceases to be the owner's primary place of residence, except that in the case of a refmance, the loan may be subordinated subject to the City's Subordination Policy in effect at the time of the request for subordination. e. These loans are considered a"Special Mortgage" under the terms of Minnesota Statute 58.13. The mortgage may be subordinated as part of a refinance of the primary loa�; however, the owner must receive counseling regarding their 3 refinance transaction. Proof of the completion of the counseling will be required prior to approval of the subordination. f. A home inspection must be completed by a qualified third party to determine condition of home, needed repairs and costs. 3. Maximum and Minimum Loan Amounts: a. Minimum: none b. Maximum $10,000 4. Use of Funds The funds may be used to go toward either of the following uses: a. The payment of down payment andJor for the payment of normal and usual closing costs. The borrower mav not receive any portion of these funds as cash. b. If the homebuyer will complete repairs and improvements to tlie home as part of their home purchase transaction, up to 0,000 of the loan may be forgiven to cover any gap between the value of the property and the total cost of purchase price plus the cost of the home repairs and improvements. c. Any portion of the loan that is not applied to the payment of downpayment, closing costs, or construction costs must be repaid to the City of Brooklyn Center and the loan balance will be reduced accordingly. 5. Eligible Properties: a. A s i n l e f a m i l d w e l l i n o r s i n l e f a m i l a tt a ched ro e that was mort a e b Y g g Y P P� Y g g re istered as a vacant ro ert b the Ci of foreclosed and is currentl Y g P P Y Y tY Brooklyn Center. b. There is no sale price limit, or establish a limit established by other programs such as FHA of approximately $286,000 or the MFHA First Time Homebnyer of approximately $298,000. c. The homebuyer must occupy the home within 60 days following the home purchase closing, except that in the case of a home purchase and repair transaction, construction must start with 30 days of the purchase closing and the homeowner must occupy the home within 60 days of the completion of the construction work and no longer than 180 days after purchase closing. 6. Eligible Borrower: Anyone who meets both conditions as follows: a. ualifies for and is receivin a traditional(prime or A-rated) fixed-rate first Q g mortgage loan or is purchasing using cash, and b. Income meets the TIF Housing Account: 100% median income for families of 2 or less, or 115% median income for fanulies of 3 or more (2008 rate is $80,900) 4 7. Homeownership Counseling: Borrower must complete homeownership counseling through the Homestretch counseling program sponsored by the Minnesota Home Ownership Center (telephone 651-659-9336 or online at www. hocmn.org) or a comparable approved counseling program prior to closing of the loan. 8. Eligible Primary Financing a. The loan may be offered in connection with any fixed-rate FHA, VA, Fannie Mae, or Freddie Mac insured or uninsured loan product that is generally considered in the lending industry to be an"A" or "prime" lending product. b. This loan may not be used with sub-prime lending products. 9. Loan Security- Specific to Program Loan a. The City loan funds and any neighborhood loan funds will be separately secured I by a Promissory Note and Mortgage, or approved recordable repayment a reement. g b. The loan(s) may be secured in a subordinate lien position behind other program �as. c. No mortgagee clause is required in the owner's hazard insurance policy. 10. Program Evaluation and Renewal The Brooklyn Center loan assistance pilot program will be reviewed on an on-going basis. Six months after the program starts City staff and key partners will conduct an evaluation of the program's performance, assess market conditions in Brooklyn Center, and make recommendations regarding: a. Possible modifications to the program; b. Whether the Program should be expanded; c. Whether the Program should be continued for another 6 month period; and d. Whether funding continues to be available. 11. Catastrophic Language In the event the Mortgage holder and the servicer, in their sole and absolute discretion, after a loss mitigation analysis, fmd that a catastrophic event, including but not limited to Borrower's death or extended illness, or the extended illness of a close family member who depends primarily on the borrower for support, has occurred which substantially and permanently impairs their ability to repay this Promissory Note and Mortgage and requires them to sell the Property for an amount less than the existing balance on the Promissory Note and Mortgage, that portion of the lien of Promissory Note and Mortgage that cannot be satisfied from the proceeds of such sale shall be released. 5 ReNew Grant 1. Program Summary: The Brooktyn Center ReNew Grant is a down payment and closing cost a.ssistance program to help increase home ownership and encourage reinvestment. The program offers a 3.5% grant with the use of an FHA 203K loan. Up to $35,000 can be borrowed with a 203K loan far home repairs, maintenance and improvements. 2. Grant Terms a. Must be used in conjunction with an FHA 203K streamline loan. b. All requirements of the 203K loan must be adhered to. c. A minimum $15,000 in home improvements must be made to the property. d. A home inspection must be completed by a qualified third party to deternune condition of home, needed repairs and costs. e. Construction work must be completed by a licensed contractor, with applicable permits and inspections completed. f. The use of local contractors is encouraged. 3. Maximum and Minunum Loan Amounts: a. Minimum: none b. Maximum 3.5%, and no more than $7,000 4. Use of Funds The fund ma be used to o toward either of the followin uses: s y g g a. The payment of down payment and/or for the payment of normal and usual closing costs. The borrower mav not receive any portion of these funds as cash. 5. Eli ible Pro erties: g p a. A single family dwelling or single family attached properiy that was mortgage foreclosed, and is currently registered as a vacant property by the City of Brooklyn Center, and where at least $15,000 in home repairs or improvements will be mada b. There is a sale price limit as established by FHA of approximately $200,000. c. The homebuyer must occupy the home within 60 days following the home purchase closing, except that in the case of a home purchase and repair transaction, construction must start with 30 days of the purchase closing and the homeowner must occupy the home within 60 days of the completion of the construction work and no longer than 180 days after purchase closing. er• 6. Eli ible Borrow g Anyone who meets all the following conditions: 6 a. Qua.lifies for and is receiving an FHA 203K streamline loan from an accred.ited lender; and b. Income meets the TIF Housing Account: 100% median income for families of 2 or less, or 115% median income for families of 3 or more (2008 rate is $80,900) c. The borrower may not own other residential property or homes. d. The borrower must be an individual, person or persons. The borrower may not be a business entity. 7. Homeownership Counseling: Borrower must complete homeownership counseling through the Homestretch counseling program sponsored by the Minnesota Home Ownership Center (telephone 651-659-9336 or online at www. hocmn.org) or a comparable approved counseling program prior to closing of the loan. 8. Eligible Primary Financing a. The grant may be offered in connection with any FHA 203K streamline loan considered a "prime" lending product. b. This grant may not be used with sub-prime lending products. 9. Program Evalua.tion and Renewal The Brooklyn Center grant pilot program will be reviewed on an on-going basis. Six months after the program starts City staff and key partners will conduct an evaluation of the program's performance, assess market conditions in Brooklyn Center, and make recommendations regarding: a. Possible modifications to the program; b. Whether the Program should be expanded; a Whether the Program should be continued for another 6 month period; and d. Whether funding continues to be available. 10. Catastrophic Language In the event the Mortgage holder and the servicer, in their sole and absolute discretion, after a loss mitigation analysis, find that a catastrophic event, including but not limited to Borrower's death or extended illness, or the extended illness of a close family member who depends primarily on the borrower for support, has occurred which substantially and permanently impairs their ability to repay this Promissory Note and Mortgage and requires them to sell the Property for an amount less than the existing balance on the P'romissory Note and Mortgage, that portion of the lien of Promissory Note and Mortgage that cannot be satisfied from the proceeds of such sale shall be released. 7 II. Remove and ReBuild Pro�ram 1. Program Sumnlary: The Brooklyn Center Remove and ReBuild demolition program is a program to help remove blighted, distressed, and unmarketable properties and return the properties to an enhanced, compatible use with the neighborhood. 2. Eligible Properties Mortgage foreclosed properties registered with the city as a vacant property will be eligible. Properties will be acquired and demolished for improved uses of the land in accordance with the City's ReBuild Demolition Policy. 2. Sale and Redevelopment T'he property will be available for re-sale for a use approved by the city, and in accordance with zoning regulations and the Comprehensive Plan. Eligible buyers include developers, licensed contractors, and homeowners who have contracted with licensed contractors consistent with the City's Policy for sale of real property. 3. LandBank If an appropriate use for the land is not imminent, the property will be land banked until such time an appropriate use becomes available. II. ReHab Pro�ram 1. Program Summary: The Brooklyn Center ReHab program is a program to help rehabilitate blighted, distressed and unmarketable ro erties in nei borhoods where rehabilitation is p P economically feasible versus demolition. 2. Eligible Properties Mortgage foreclosed properties registered with the city as a vacant property will be eligible. Properties will be acquired and rehabilitated in accordance with the City's ReHab Policy. 8