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Home My WebLink About2006 11-27 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION November 27, 2006 6:00 P.M. City Council Chambers 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. 1. City Council Discussion of Agenda Items and Questions 2. Discussion of Work Session Agenda Items as Time Permits 3. Miscellaneous 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center November 27, 2006 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 Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. October 23, 2006 Work Session 2. November 13, 2006 Study Session 3. November 13, 2006 Regular Session 5. November 13, 2006 Work Session b. Licenses C. Approval of Application and Permit for a Temporary On -Sale Liquor License Submitted by St. Alphonsus Catholic Church, 7025 Halifax Avenue North, for an Event to be Held on February 10, 2007 d. Resolution Approving Change Order No. 1, Improvement Project No. 2006 -11, Contract 2006 -E, Central /Salt Storage Facility Improvements 8. Council Consideration Items a. Resolution Accepting Offer on the Sale of $1,460,000 General Obligation Improvement Bonds, Series 2006A and Providing for Their Issuance -Requested Council Action: Motion to adopt resolution. CITY COUNCIL AGENDA -2- November 27, 2006 0 b. Resolution Recognizing Dennis Anderson for 26 Years o.Service to the City of Brooklyn Center Requested Council Action: Motion to adopt resolution. C. Resolution Expressing Appreciation of the Donation of One E3 5 0 Ambulance From North Memorial Health Care and Authorizing Execution of the Equipment/Vehicle Sale Agreement Requested Council Action: Motion to adopt resolution. d. Mayoral Appointment to Housing Commission Requested Council Action: Motion to ratify Mayoral nomination. e. Resolution Setting 2007 Employer Benefits Contribution for Full -Time Non -Union Employees Requested Council Action: Motion to adopt resolution. f. 2007 Utility Rates 1. Resolution Adopting 2007 Water Utility Rates, Fees and Charges Requested Council Action: Motion to adopt resolution. 2. Resolution Adopting 2007 Sewer Utility Rates, Fees and Charges Requested Council Action: Motion to adopt resolution. 3. Resolution Adopting 2007 Storm Sewer Utility Rates, Fees and Charges Requested Council Action: Motion to adopt resolution. 4. Resolution Adopting 2007 Street Light Rates and Charges Requested Council Action: Motion to adopt resolution. 5. Resolution Affirming 2007 Recycling Rate Requested Council Action: Motion to adopt resolution. 9. Adjournment City Council Agenda Item No. 7a Page 1 of 1 Camille Worley From: Curt Boganey t: Tuesday, November 28, 2006 9:15 AM Sharon Knutson; Camille Worley jest: FW: Missing Minutes from Jt. Mtg with Fin Comm to approve FYI From: Curt Boganey Sent: Monday, November 27, 2006 2:55 PM To: Diane Niesen Subject: RE: Missing Minutes from Jt. Mtg with Fin Comm to approve No, there has been no change in protocol. With the three day week and sick days being used, I am sure there was not sufficient time to have them prepared. From: Diane Niesen Sent: Monday, November 27, 2006 11:35 AM To: Curt Boganey Subject: Missing Minutes from Jt. Mtg with Fin Comm to approve When the Council met with Fin Comm 10/16, Minutes of that meeting were approved at Council Mtg on 10/23. 1 do not see Minutes from Jt. Mtg with Fin Comm of last Mon (11/20) in our packet to approve. Has there been a change to protocol? 11/28/2006 Page 1 of 1 Curt Boganey From: Kay Lasman Sent: Wednesday, November 22, 2006 10:20 PM To: Curt Boganey Subject: minutes Curt: Here are my minutes changes /clarifications for the meeting on Monday: Nov. 13th, work session pg. 2, paragraph 1 -end of sentence 1 -1 believe the word should be proposal or proposed action for it to make sense -not the word rrooposed. Same paragraph "CounciImember Lasman along with hiahliahtina some of the other issues." (not lighting) Paragraph 4 -1st sentence, proposal or proposed action (again, not the word proposed by itself). In the same paragraph, "She (the Mayor) stated ........continue to mandate cities." This doesn't make sense. Also in paragraph 4, last sentence, "She stated agreement for the eminent domain policy Is it clear what the Mayor's intent was in this sentence? Paragraph 5 top nine sections" (not top ten)- referred to in two places -both should say top nine -only nine are listed. In the past, we have at times been requested to select our top 10 preferences, and I mentioned that in the conversation, but added that I only submitted nine selections this year. 11/27/2006 t Y s- The majority consensus of the City Council was to direct staff to send a letter to both the comrnissicm and the cities involved indicating the City of Brookl n Center's position on the proposed. It was indicated that the letter should also state that until the TMDLs have been completed to justify the projects, the projects should not proceed. AMM PROPOSED LEGISLA'T'IVE POLICIES Mr. Boganey stated the purpose of the item is for the City Council to give direction and for general information. Councihnember /Commissioner Lasman stated disappointment at the number of proposals and stated the City should spotlight the eminent domain issues along with reviewing the lighting issues. s444ej s he, d o es o+ ci a K+ e-mi neA+ da m_a o Councilmember /Commissioner O'Connor 4. he Ski- She stated s would like the State to discontinue use of Market Value Homestead Credit, t Aid. She stated the State should reduce its sales Local Gavernmen 'ted Market Value Lum �r s and L should remain and she is displeased tax andhc�ntinue to mandate cities.. She stated local authority with the requirement of the Metropolitan Council regarding an updated plan be submitted by the year 2008. Councilmember /Commissioner Carmody responded the AMM has committees that work on these issues and she stated confidence that they have taken into consideration, all points Ma or/President Kra ess responded she has been on the board of AMM for many �f vie w. y years and there are committees that study the information. She explained that it is not just decided by two or three people, it is a long process of studies. She stated agreement for the eminent domain policy. Councilmember /Commissioner Lasman indicated her top ten sections of concern with emphasis on Eminent Domain. Those top ten are as follows: I -C Local Government Aid (LGA) I -L City Revenue Stability and Fund Balance I -4 Stated Program Revenue Sources II -A Mandates Local Authority II -B City Enterprise Activities III -F City Role in Economic Development III-I Tax Increment Financing Ill -3 Eminent Domain IV -G Local Zoning Authority MISCELLANEOUS Councilmember/ Commissioner Carmody discussed that she was informed that the Charter Commission did not receive information from the City Council. Mr. Boganey responded that he is almost certain that the information was sent to the Charter Commission. Mr. Boganey addressed the pending Work Session item: Revisions to Sign Ordinance-Banners and stated it will be on the agenda for the next meeting. 11/13/06 2 DRAFT Councilmember Carmody discussed various concerns with the proposed resolution including lack of complete information received by the City Cowleil, inappropriate comments made by an individual towards the League of Minnesota Cities, and the effects of the proposed technology. She stated she will vote against. There was a discussion on the two opinions presented in the papket. Councilmember Niesen, as the liaison, addressed views presented at the meetings of the Northwest Suburbs Cable Communications Commission. Councilmember Niesen moved to adopt a Resolution Urging the League of Minnesota Cities to Reconsider Its Support of Proposed Minnesota Legislation that Would Remove the Build Out Provisions in Chapter 238, Related to Cable Service of Minnesota State Law. Motion failed for lack of second. 11d. RESOLUTION NO. 2006 -126 AUTHORIZING THE EARLY ORDERJPURCHASE OF A STREET SWEEPER, EQUIPMENT NO. 43 Public Works Director /City Engineer Todd Blomstrom presented the item and indicated a benefit of early purchase being that the City may take advantage of the 2006 equipment price. He explained the purpose of the street sweeper which is to clean up litter and to help prevent stormwater contamin and build up in the storm sewers. c.l€a K� 6,x+ no+ g+ye i p rm of ra C ouncilmember Carmody moved and Councilmember Lasman seconded to adopt RESOLUTION N O. 200 6 -126 Authorizing the Early Order/Purchase of a Street Sweeper, Equipment No. 43. 11l, �a 0 i s a My rti ®Ktiy y Councilmember O'Connor voted against the san1e. Motion passed. 11e. RESOLUTION NO. 2006 -127 AUTHORIZING THE EARLY ORDER/PURCHASE OF A ROTARY MOWER UNIT, EQUIPMENT NO. 250 Mr. Blomstrom presented the item and discussed a problematic history with the Rotary Mower unit and stated Toro has offered a larger trade -in amount as compensation. Councilmember Lasman moved and Councilmember Carmody seconded to adopt RESOLUTION NO. 2006-127 Authorizing the Early Order/Purchase of a Rotary Mower Unit, Equipment No. 250. There was discussion on the history of repairs and the cost. Councilmember O'Connor stated the compensation from Toro is not adequate. Mr. Blomstrom stated Toro is offering an amount above and beyond the trade -in value to compensate for the trouble with the equipment. Councilmember O'Connor voted against the same. Motion passed. 11f. OCTOBER 23, 2006 —WORK SESSION MINUTES (Formerly Consent Agenda Item No. 7a.) on the following change to the minutes of the October 23, 2006 Work There was discussion g Session requested by Councilmember O'Connor: 1 1/13/06 7 DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION OCTOBER 23, 2006 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session and was called to order by Mayor/President Myrna Kragness at 10:30 p.m. ROLL CALL Mayor /President Myrna Kragness and Councilmembers /Commissioners Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, City Attorney Mary Tietjen, and Deputy City Clerk Camille Worley. NEW LAW (HF 3779, CHAPTER 240) ZONING REQUIREMENTS FOR ADULT ESTABLISHMENTS COUNCILMEMBER LASMAN Councilmember Lasman explained that the purpose of the discussion of this item is to be proactive and protect the City. She suggested that the requirements remain as they currently exist. City Attorney Mary Tietjen explained that since a law was enacted in May, there has been a federal case in which the judge indicated the likelihood of success of a business owner who might challenge the statute. The majority consensus of the City Council was to leave the requirements as they currently read and to wait and see if a problem arises. CONTINUATION OF NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION REGARDING RESOLUTION TO THE LEAGUE OF MINNESOTA CITIES GREGORY MOORE Rex Newman explained that the League of Minnesota Cities will not accept comments on the matter after October 31 He stated there are nine cities in the joint powers agreement, of which six have taken action to show support. He stated the purpose of the resolution is to maintain local control. Councilmember Carmody indicated that she would like to verify information presented by Mr. Newman. She suggested that the item be placed on the next City Council agenda. 10/23/06 1 DRAFT It was the majority consensus of the City Council to place the item on the next regular agenda. Councilmember Niesen stated she has read a lot of material on this matter and she would support the cause to prevent the City from losing local franchising control. SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION MAJOR PLAN AMENDMENT Mr. Boganey distributed information regarding the Shingle Creek Watershed Management Commission's Major Plan Amendment. Mr. Blomstrom indicated there is a November 17"' deadline to formally submit comments to the Watershed Commission. He discussed the Major Plan Amendment to the Second Generation Management Plan. He discussed the history and current status of the Second Generation Management Plan and the three elements of the Major Plan Amendment. Councilmember Niesen stated the $500,000 levy is an excessive increase from the original $75,000. Councilmember Carmody discussed the financial cap, projects per year, and the rationale of the Shingle Creek Watershed Management Commission when determining the needed $500,000. Councilmember O'Connor asked what pollutants the City puts into the watershed and how we would stop them. It was the majority consensus of the City Council to review the presented materials, make notes and for the item to be presented at the November 13` Work Session. MISCELLANEOUS There were no miscellaneous items discussed. ADJOURNMENT Councilmember /Commissioner Carmody moved and Councilmember /Commissioner Lasman seconded adjournment of the City Council/Economic Development Authority Work Session at 11:00 P.M. Motion passed unanimously. City Clerk Mayor/President 10/23/06 2 DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION NOVEMBER 13, 2006 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Myrna Kragness at 6:03 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, and Deputy City Clerk Camille Worley. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS There was discussion on item 11 a. where concern was raised that the proposed proclamation is a form of advertisement for the person that founded the American Cancer Fund for Children rather than focusing on cancer awareness. Councilmember Carmody inquired about item 11 c. and stated the item should have been considered by the City Council during the summer. She stated Greg Moore, Executive Director, NWSCCC should have routed his efforts through the Minnesota Association of Community Telecommunications Administrators (MACTA) rather than through the City. The following amendments were made to the proposed minutes: Councilmember O'Connor requested the following changes to the October 23, 2006, Regular Session meeting minutes: Page 3. Line 2 under item 9a. Additional Language Discussion was held on this correction and it was the majority consensus of the City Council to add the following language: Councilmember O'Connor asked if this was the health and fitness club portion of the Ordinance. Mr. Boganey answered "yes." Page 4. Line 2 under item 10a. Mayor Kragness stated she spoke to both candidates and upon those discussions, changed her nomination to of Kimberley Meyer, 6131 Kyle Avenue North, to the Northwest Hennepin Human Services Council Advisory Commission. 11/13/06 1 DRAFT I October 23, 2006, Work Session Page 2. Paragraph 4 under: Shingle Creek Watershed Management Commission Maior Plan Amendment Additional Language Councilmember O'Connor asked what pollutants the City puts into the watershed and how we would stop them. She said if we passed this amendment we would be out of compliance with it. Then we would be liable for a misdemeanor. Discussion was held on this amendment where Councilmembers Carmody and Lasman stated objection. It was the majority consensus of the City Council to remove the October 23, 2006, Work Session minutes from the consent agenda and discuss them during the regular City Council meeting. Councilmember Lasman requested the following changes to the October 23, 2006, Regular Session meeting minutes: Page 2. Paragraph 2 Councilmember Lasman stated on October 11 she attended the grand opening of McDonald's where the Brooklvn Center Hijzh School Band performed. She stated on Oct 16 she attended the Joint Work Session with the Financial Commission regarding the 2007 budget. She stated on Oct 17 she attended the Special Events Committee meeting where entertainment was discussed for the 96 birthday of the City, being held on February 3, 2007. She discussed the agenda item expressing appreciation of crime prevention donation for the safety camp. She urged awareness of the program and participation in crime prevention. Councilmember Niesen requested the following changes to the October 23, 2006, Regular Session meeting minutes: Page 6, Paragraph 3 under item l Of. Additional Language Councilmember Niesen inquired if the police were tracking and analyzing the source of calls and if so, whether there were repeat calls from businesses who may be using the police inappropriately as their security firm. Chief Bechthold responded that they had started to do this and he would be making a report to Council in the future. Page 7. Paragraph 4 and 5 under item l Os. Councilmember Niesen stated objection to i nvesting i4gage baeked investme s. She mired about various areas o f t efA. M T a* a h° changing the policy to rc ric agrccrri a— �vi'acc- allow investments in mortgage backed securities and inquired as to how many such investments the City currently had. Mr. Jordet stated the City had only two mortgage -type investments both made previous to his employment. Councilmember Niesen stated t a te minimize the t of geve ent she favored maintaining use of the word minimize because it emphasized intent to hold down the costs of City government in general. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS SPECIAL ASSESSMENT POLICIES RIVERWOOD NEIGHBORHOOD 11/13/06 2 DRAFT There was discussion regarding Special Assessments along West River Road that included previous special assessment amounts and whether milling off the top surface and overlaying the roadway should be assessed to the properties. It was indicated by staff that it may not be reasonable to consider the overlay as an improvement that would qualify for special assessment. There was S discussion regarding the change /improvement in the bituminous mixture used by MNDOT. There was discussion on the warranty of the original overlay, however it was indicated that the warranty period of one year has expired. It was stated that the proposed improvements if not assessed, will be paid from the Street Reconstruction Fund. There was discussion on the assessments of the Estates of Riverwood Townhome Development where it was indicated that the City may have difficulty demonstrating an actual benefit to the property should a property owner within the Estates of Riverwood appeal the special assessment. A discussion was held on the future improvements and assessments for properties on Riverwood Lane. There was discussion on the Definition of a "Subdividable Lot" and how the mobility of a home on a property affects the ability to subdivide the property along with the effects on the property taxes. It was the majority consensus of the City Council not to apply special assessments to West River Road between 66 Avenue and 73` Avenue nor to the Estates of Riverwood Townhome Development for the proposed maintenance. It was also the majority consensus of the City Council that "legally subdividable" should include only those lots that could be subdivided while maintaining the existing structure on the site. REPORT ON THE STATUS OF THE DAYS INN PURCHASE City Manager Curt Boganey introduced the item and stated after several negotiations, the property owner has accepted the EDA's offer to purchase the property for $3,900,000 "as is." It was indicated that the fixtures throughout the building are being included in the purchase. Councilmember O'Connor stated objection to purchasing the property. There was discussion on the appraisal amount, the condition of the building, and I94 frontage. Councilmember Niesen stated concern for the loss of tax revenue, the odd shape of the lot, and existing access issues. There was discussion on Councilmember Niesen's concerns. It was indicated that one developer has expressed interested in the property. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Niesen moved and Councilmember Lasman seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 11/13/06 3 DRAFT RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Carmody seconded to reconvene the Study Session at 6:45 p.m. Councilmember Lasman stated disagreement with Councilmember Niesen and stated to forego the opportunity would be making a serious mistake in the efforts of redevelopment. Mayor Kragness and Councilmember Carmody stated agreement. Community Development Director Brad Hoffman discussed the nature of the interested developer and indicated that the use would be an upscale office /showroom. He stated the odd shape lot will not hinder development of the property. He discussed the poor condition of the building, with much of it being out -of- service. This discussion was followed by a discussion regarding the tax exempt status of the property during time of reconstruction. Councilmember O'Connor stated concern with loss of taxes. Mr. Boganey explained the payment of taxes and obligations along with the effects on the General Fund. It was indicated that the loss of revenue will be reflected in the cash flow of the TIF District. It was the majority consensus of the City Council to direct staff to draft and return a purchase agreement for the Days Inn for the consideration of the Economic Development Authority. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded to close the Study Session at 6:55 p.m. Motion assed unanimous) p Y City Clerk Mayor 11/13/06 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 13, 2006 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Curt Boganey, Community Development Director Brad Hoffman, Public Works Director /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. Councilmember Carmody moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:45 p.m. Motion passed unanimously. 2. INVOCATION Mayor Kragness offered a moment of silence as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:00 p.m. I 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Curt Boganey, Community Development Director Brad Hoffman, Public Works Director /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 11/13/06 1 DRAFT 6. COUNCIL REPORT Councilmember O'Connor stated she had nothing to report. Councilmember Lasman stated on October 27, 2006, she attended the North Hennepin Chamber of Commerce Board meeting. She stated the Board discussed marketing strategies and is working with students from North Hennepin Community College to explore design ideas. She stated the Board is also working towards improving the North Hennepin Business Expo for next year. She stated on November 10, 2006, she attended the Best Buy Small Business Ribbon Cutting which is a business within a business, focused on small businesses. She stated she also attended the City Council Retreat where goal setting was discussed. She stated it was a productive meeting for both the incoming and outgoing City Council members. Councilmember Carmody stated she had nothing to report. Councilmember Niesen discussed the City Council Retreat where everyone worked together to set stated the new facilitator was the goals for 2007. She s good and she is pleased with the goals that g were set. She thanked the residents who submitted Citizen Comment Cards. She congratulated the incoming Council Members. Mayor Kragness thanked the incoming Council Members for attending the meeting tonight and the City Council Retreat. She stated she attended the Peacemaker's Ball at Brookdale on October 28, 2006, which raised money for the Peacemaker. She stated on November 2, 2006, there was a community notification regarding a level three sex offender moving into Brooklyn Center this month g g Y which was well attended and very informative. She stated she met with the Association of Rental Management (ARM) on November 9, 2006, where the concept of non smoking apartment buildings was discussed. She stated she also met with the President of the Association of Liberians on November 9, 2006, who is meeting with residents and business owners in Brooklyn Center and Brooklyn Park to discuss the issues of the Liberian people. She stated there were two ribbon cuttings in Brooklyn Center including the Federated Credit Union and Best Buy Small Business. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Niesen moved and Councilmember O'Connor seconded to add an item to the agenda regarding the taping and broadcasting of City Council meetings. There was discussion on the proposed addition in that Councilmember Niesen expressed her interest in allowing home viewers to hear all discussions of the City Council. Councilmember Carmody stated objection to the motion and stated a written request should have been submitted and discussed at the Study Session. Councilmember O'Connor agreed with Councilmember Niesen. Mayor Kragness and Councilmembers Lasman and Carmody voted against the same. Motion failed. Councilmember Carmody moved and Councilmember Lasman seconded to approve the consent agenda and agenda with the removal of the October 23, 2006 Work Session minutes included in g Item No. 7a from the Consent Agenda to Council Consideration Item No. 11f and amendments to the October 23, 2006 Study Session, Regular Session, and Executive Session, as discussed at the Study Session. The following consent items were approved: 11/13/06 2 DRAFT 7a. APPROVAL OF MINUTES 1. October 23, 2006 Study Session 2. October 23, 2006 Regular Session 4. October 23, 2006 Executive Session 5. November 8, 2006 Special Session 7b. LICENSES GARBAGE COLLECTION VEHICLE Haugen's Haulers Inc 7386 31 ST SE, Buffalo GASOLINE SERVICE STATION Brookdale Citgo 5710 Xerxes Ave N Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway MECHANICAL Fireside Hearth Home 2700 Fairview Ave, Roseville GTS HVAC, Inc 4018 Joyce Lane RENTAL Renewal Brookside Manor Apts 1121, 1300 -07 67"' (5 bldgs, 90 units) Anda Construction 18 Dist. Peace, 1 Crimes Against Family, 1 Fire, 1 Drugs, 2 Obstructing Justice, 4 Auto Thefts (There were no calls for service for the following) 6300 France Ave N (Single Family) Wade Klick 6809 Fremont Place N (Single Family) Terry Hartmann 2718 O'Henry Road (Single Family) Wade Klick 7111 Riverdale Road (Single Family) Allan Vicki Olson 6661 Xerxes Place N (Single Family) Igor Epshteyn Initial (There were no calls for service for the following) 3124 64 Ave N (Single Family) Brenda Wright 5509 Morgan Ave N (Single Family) Darrin Thomas TOBACCO RELATED PRODUCT Brookdale Citgo 5710 Xerxes Ave N Royal Tobacco 5625 Xerxes Ave N C. RESOLUTION NO. 2006 -123 ESTABLISHING CITY IMPROVEMENT PROJECT NO. 2007 -11, SANITARY SEWER LIFT STATION NO. 2 FORCE MAIN REPLACEMENT, AND AWARDING A PROFESSIONAL SERVICES CONTRACT 11/13/06 3 DRAFT d. RESOLUTION NO. 2006-124 AFFIRMING THE FIRST AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION OF THE PROJECT PEACE JOINT POWERS ORGANIZATION Motion passed unanimously. 8. PRESENTATION Mayor Kragness presented a plaque of Recognition from the National League of Cities to the City of Brooklyn Center for 15 Years of Membership and Dedicated Service. 9. PUBLIC HEARING 9a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (EASTERLY OF BROOKLYN BOULEVARD BETWEEN I -94 AND 69TH AVENUE NORTH) —THIS ITEM WAS FIRST READ ON AUGUST 28, 2006; PUBLISHED IN THE OFFICIAL NEWSPAPER ON SEPTEMBER 7, 2006; A PUBLIC HEARING WAS HELD ON SEPTEMBER 25, 2006, AT WHICH TIME ADOPTION OF THE ORDINANCE WAS POSTPONED TO NOVEMBER 13, 2006, BECAUSE THE FINAL PLAT HAD NOT BEEN FILED WITH HENNEPIN COUNTY. City Manager Curt Boganey introduced the item and discussed the history and needed action for continuance. He stated because the final plat has not been filed with Hennepin County, it is recommended that the City Council move to continue the Ordinance Amendment until the final plat is filed with Hennepin County. Councilmember Carmody moved and Councilmember Lasman seconded to open the Public Hearing on an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Easterly of Brooklyn Boulevard Between I -94 and 69th Avenue North). Motion passed unanimously. No public input was offered. Councilmember Lasman moved and Councilmember Carmody seconded to close the Public Hearing and table the Ordinance Amendment until the final plat is filed with Hennepin County. Motion passed unanimously. 9b. AN ORDINANCE RELATING TO DISCHARGES AND CONNECTIONS TO THE STORMWATER SYSTEM —THIS ITEM WAS FIRST READ ON OCTOBER 9, 2006; PUBLISHED IN THE OFFICIAL NEWSPAPER ON OCTOBER 26, 2006; AND IS OFFERED THIS EVENING FOR SECOND READING AND PUBLIC HEARING. Mr. Boganey introduced the item and discussed the effects of the ordinance adoption. Councilmember Lasman moved and Councilmember Carmody seconded to open the Public Hearing 11/13/06 4 DRAFT on an Ordinance Relating to Discharges and Comlections to the Stormwater System. Motion passed unanimously. No ublic input was offered. p Councilmember Lasman moved and Councilmember O'Connor seconded to continue the Public Hearing until the December 11, 2006, City Council meeting. Councilmember O'Connor stated concern for citizen liability for spilled soda or carbonated water. Mr. LeFevere explained that the Ordinance can be modified to be less specific to the nature of prohibited materials, however stated he does not see that spilled soda or carbonated water would be a concern. There was discussion of exceptions to the ordinance that will be proposed when the final ordinance recommendation is made. Motion passed unanimously. 10. PLANNING COMMISSION 10a. PLANNING COMMISSION APPLICATION NO. 2006 -012 SUBMITTED BY TONY BERG. REQUEST FOR RESUBDIVISION APPROVAL TO UNCOMBINE OR RESUBDIVIDE THE PROPERTY AT 5420 FREMONT AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS OCTOBER 26, 2006, MEETING. Mr. Boganey introduced this item and discussed the purpose of the proposed. Councilmember Carmody moved and Councilmember Lasman seconded to approve Planning Commission Application No. 2006 -012 subject to the following conditions recommended by the Planning Commission: 1. The legal descriptions and survey showing the reestablishment of the underlying lots shall be filed with Hennepin County. 2. The City Assessor is authorized to process the resubdivision in conjunction with Hennepin County. 3. The resubdivision approval does not comprehend approval of any other action pertaining to the use of the property. 4. No variances from city ordinance requirements are implied. Any future structures on the lots are required to meet setback requirements. 5. The applicant shall be responsible for modifying the existing single family residential home on Lot 26 so that there are no doors, windows or other openings along the north side of the building which is less than 10 ft. from the property line. Said modification shall be accomplished prior to the filing of the survey to reestablish the underlying properties. 11/13/06 5 DRAFT 6. The applicant shall have either made application for a building permit to construct a single family home on the reestablished Lot 27 and to come into compliance with the 3 ft. minimum setback for an accessory building or execute a performance agreement and post an appropriate financial guarantee to assure the removal of the garage and shed on Lot 27 within one year. In no event, shall there be an accessory building or buildings on Lot 27 within one year following the filing of the survey to reestablish the underlying properties unless there is a properly constructed single family home on said lot. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS 11a. PROCLAMATION DECLARING NOVEMBER 27 THROUGH DECEMBER 4, 2006, TO BE CHILDHOOD CANCER AWARENESS WEEK There was discussion on the proposed proclamation where Councilmember O'Connor stated the proclamation is not appropriate and will vote against. Councilmember Carmody stated no objection to a Childhood Cancer Awareness Week; however stated the presented proclamation is not focused on Childhood Cancer. It was suggested in order to eliminate any advertisement that the following portion of the proclamation be deleted: a descendent of cosmetics magnate Max Factor. Councilmember Lasman moved and Councilmember Niesen seconded to adopt a Proclamation Declaring November 27 through December 4, 2006, to be Childhood Cancer Awareness Week as amended. Councilmembers Carmody and O'Connor voted against the same. Motion passed. 11b. RESOLUTION NO. 2006 -125 EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER POLICE ASSOCIATION IN SUPPORT OF THE 2007 SAFETY CAMP Mayor Kragness read the resolution in its entirety. Councilmember Carmody moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2006 -125 Expressing Appreciation for the Donation of the Brooklyn Center Police Association in Support of the 2007 Safety Camp. The cost of the program and purpose of donations was discussed. Motion passed unanimously. 11c. RESOLUTION URGING THE LEAGUE OF MINNESOTA CITIES TO RECONSIDER ITS SUPPORT OF PROPOSED MINNESOTA LEGISLATION THAT WOULD REMOVE THE BUILD OUT PROVISIONS IN CHAPTER 238, RELATED TO CABLE SERVICE OF MINNESOTA STATE LAW Mr. Boganey introduced the item and discussed previous information received by the City Council. 11/13/06 6 DRAFT Councilmember Carmody discussed various concerns with the proposed resolution including lack of complete information received by the City Council, inappropriate comments made by an individual towards the League of Minnesota Cities, and the effects of the proposed technology. She stated she will vote against. There was a discussion on the two opinions presented in the packet. Councilmember Niesen, as the liaison, addressed views presented at the meetings of the Northwest Suburbs Cable Communications Commission. Councilmember Niesen moved to adopt a Resolution Urging the League of Minnesota Cities to Reconsider Its Support of Proposed Minnesota Legislation that Would Remove the Build Out Provisions in Chapter 238 Related to Cable Service of Minnesota State Law. Motion failed for lack of second. lld. RESOLUTION NO. 2006 -126 AUTHORIZING THE EARLY ORDER/PURCHASE OF A STREET SWEEPER, EQUIPMENT NO. 43 Public Works Director /City Engineer Todd Blomstromm presented the item and indicated a benefit of early purchase being that the City may take advantage of the 2006 equipment price. He explained the purpose of the street sweeper which is to clean up litter and to help prevent stormwater contamination and build up in the storm sewers. Councilmember Carmody moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2006 -126 Authorizing the Early Order /Purchase of a Street Sweeper, Equipment No. 43. Councilmember O'Connor voted against the same. Motion passed. lle. RESOLUTION NO. 2006 -127 AUTHORIZING THE EARLY ORDER/PURCHASE OF A ROTARY MOWER UNIT, EQUIPMENT NO. 250 Mr. Blomstrom presented the item and discussed a problematic history with the Rotary Mower unit and stated Toro has offered a larger trade -in amount as compensation. Councilmember Lasman moved and Councilmember Carmody seconded to adopt RESOLUTION NO. 2006-127 Authorizing the Early Order /Purchase of a Rotary Mower Unit, Equipment No. 250. There was discussion on the history of repairs and the cost. Councilmember O'Connor stated the compensation from Toro is not adequate. Mr. Blornstroim stated Toro is offering an amount above and beyond the trade -in value to compensate for the trouble with the equipment. Councilmember O'Connor voted against the same. Motion passed. 11f. OCTOBER 23, 2006 —WORK SESSION MINUTES (Formerly Consent Agenda Item No. 7a.) There was discussion on the following change to the minutes of the October 23, 2006 Work Session requested by Councilmember O'Connor: 11/13/06 7 DRAFT Page 2. Paraaranh 4 under: Shingle Creek Watershed Management Commission Mayor Plan Amendment Additional Language Councilmember O'Connor asked what pollutants the City puts into the watershed and how we would stop them. She said if we passed this amendment we would be out of compliance with it. Then we would be liable for a misdemeanor. Councilmember Carmody moved and Councilmember Lasman seconded directing staff to review the next City at the ne —Work Session and report back to the City Council audio from the October 23, 2006 p tY Council meeting with staff's response to Councilmember O'Connor's concern. Motion passed unanimously. 12. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 7:58 p.m. Motion passed unanimously. a City Clerk Mayor 11/13/06 8 DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION NOVEMBER 13, 2006 CITY HALL COUNCIL CHAMBERS CALL TO ORDER Authority EDA met in Work Council/Economic Development n Center City Council/E Y The Brooklyn ty p Session called to order by Mayor/President Myrna Kragness at 8:03 p.m. ROLL CALL Mayor/President Myrna Kragness and Councilmembers /Commissioners Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, and Deputy City Clerk Camille Worley. SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION MAJOR PLAN AMENDMENT City Manager Curt Boganey introduced the item and discussed the history. There was discussion on the information presented regarding the Major Plan Amendment of the Shingle Creek Watershed Management Commission. Councilmember /Commissioner O'Connor stated objection to the amount of money being spent on the projects. Councilmember /Commissioner Carmody summarized her findings and information collected at the Watershed Commission meetings along with various concerns of the plan. She stated the importance of staying within the spending cap needs to be expressed to the Shingle Creek Watershed Management Commission. Mr. Boganey suggested that the Shingle Creek Watershed Management Commission be advised that either they should state clearly to the public that this plan anticipates City assessment costs that will exceed the agreed upon cap, or adjust that aspect of the plan to keep those anticipated costs within the approved cap. It was recommended that the wishes of the City Council be sent to the commission and the cities involved. There was discussion on the completion of the TMDLs and the effect on the remainder of the projects. 11/13/06 1 DRAFT The majority consensus of the City Council was to direct staff to send a letter to both the commission and the cities involved indicating the City of Brooklyn Center's position on the proposed. It was indicated that the letter should also state that until the TMDLs have been 0 completed to justify the projects, the projects should not proceed. AMM PROPOSED LEGISLATIVE POLICIES Mr. Boganey stated the purpose of the item is for the City Council to give direction and for general information. Councilmember /Commissioner Lasman stated disappointment at the number of proposals and stated the City should spotlight the eminent domain issues along with reviewing the lighting issues. Councilmember /Commissioner O'Connor stated she is satisfied with the proposed as presented. She stated she would like the State to discontinue use of Market Value Homestead Credit, Limited Market Value, and Local Government Aid. She stated the State should reduce its sales tax and continue to mandate cities. She stated local authority should remain and she is displeased with the requirement of the Metropolitan Council regarding an updated plan be submitted by the year 2008. Councilmember /Commissioner Carmody responded the AMM has committees that work on these issues and she stated confidence that they have taken into consideration, all points of view. Mayor/President Kragness responded she has been on the board of AMM for many years and there are committees that study the information. She explained that it is not just decided by two or three people, it is a long process of studies. She stated agreement for the eminent domain policy. Councilmember /Commissioner Lasman indicated her top ten sections of concern with emphasis on Eminent Domain. Those top ten are as follows: I -C Local Government Aid (LGA) I -L City Revenue Stability and Fund Balance I -O Stated Program Revenue Sources II -A Mandates Local Authority II -B City Enterprise Activities III -F City Role in Economic Development III -I Tax Increment Financing III -J Eminent Domain IV -G Local Zoning Authority MISCELLANEOUS Councilmember /Commissioner Carmody discussed that she was informed that the Charter Commission did not receive information from the City Council. Mr. Boganey responded that he is almost certain that the information was sent to the Charter Commission. Mr. Boganey addressed the pending Work Session item: Revisions to Sign Ordinance Banners and stated it will be on the agenda for the next meeting. 11/13/06 2 DRAFT ADJOURNMENT Councilmember /Commissioner Carmody moved and Councilmember /Commissioner Lasman seconded adjournment of the City Council /Economic Development Authority Work Session at 8:41 p.m. Motion passed unanimously. City Clerk Mayor/President 11/13/06 3 DRAFT i City Council Agenda Item No. 7b City of Brooklyn Center A Millennium Community TO: Curt Boganey, City Manager FROM: Sharon Knutson, City lerk ty DATE: November 22, 2006 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on November 27, 2006, are as follows: BOWLING ALLEY AMF Earle Brown Lanes 6440 James Circle CHRISTMAS TREE SALES PQT Company aka Rum River Tree Farm 5040 Brooklyn Blvd PQT Company aka Rum River Tree Farm 3245 Bass Lake Road FIREWORKS PERMANENT Cub Foods 3245 County Road 10 GASOLINE SERVICE STATION Brooklyn Center Conoco 1505 69 Ave N Hark's Company 6501 Humboldt Ave North Metro Transit 6845 Shingle Creek Parkway SuperAmerica #3192 6950 Brooklyn Blvd SuperAmerica #4058 190157 1h Ave N SuperAmerica #4160 6545 West River Road RENTAL Renewal (There were no calls for service for the following) 381552 nd Ave N (Single Family) Philip Stevenson 5550 Girard Ave N (Single Family) Restart, Inc. 7055 Perry Ave N (Single Family) Kim Nguyen 731 Woodbine Lane (Single Family) David Berhanu Unlicensed Rental 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 Initial (There were no calls for service for the following) 6000 Bryant Ave N (Single Family) Kaying Pha 5308 Lilac Drive (Single Family) Paul Baird 7000 Quail Ave N (Single Family) Steven Macke PUBLIC DANCE AMF Earle Brown Lanes 6440 James Circle TOBACCO RELATED PRODUCT American Legion Post 630 6110 Brooklyn Blvd Brooklyn Center Conoco 1505 69`' Ave N Brooklyn Center Municipal #1 5625 Xerxes Ave North Brooklyn Center Municipal #2 6930 Brooklyn Boulevard Cub Foods 3245 County Road 10 Hark's Company 6501 Humboldt Ave North SuperAmerica #3192 6950 Brooklyn Blvd SuperAmerica #4058 1901 57 Ave N SuperAmerica #4160 6545 West River Road 11/27/06 2 City Council Agenda Item No. 7c Office of the City Clerk City of BROOKLYN CENTER MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk `i- DATE: November 20, 2006 SUBJECT: Application and Permit for a Temporary On -Sale Liquor License Submitted By St. Alphonsus Catholic Church, 7025 Halifax Avenue North, for an Event to be Held on February 10, 2007 St. Alphonsus Catholic Church has submitted an application and permit for a temporary on -sale liquor license for an event to be held Saturday, February 10, 2007. The applicant has satisfied the City's requirements and submitted the $25 license fee, along with a certificate of coverage for liquor liability insurance. It is recommended that the City Council approve the application and permit for a temporary on -sale liquor license submitted by St. Alphonsus Catholic Church. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. Minn. Stat. 340A.404, Subd. 10 reads as follows: Temporary on -sale licenses. The governing body of a municipality may issue to (1) a club or charitable, religious, or other nonprofit organization in existence for at least three years, (2) a political committee registered under section 10A.14. or (3) a state university, a temporary license for the on -sale of intoxicating liquor in connection with a social event within the municipality sponsored by the licensee. The license may authorize the on -sale of intoxicating liquor for not more than four consecutive days, and may authorize on -sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full -year on -sale intoxicating liquor license issued by any municipality. The licenses are subject to the terms, including a license fee, imposed by the issuing municipality. Licenses issued under this subdivision are subject to all laws and ordinances governing the sale of intoxicating liquor except sections 340A.409 and 340A.504. subdivision 3, paragraph (d), and those laws and ordinances which by their nature are not applicable. Licenses under this subdivision are not valid unless first approved by the commissioner of public safety. Minn. Stat. 340A.410, Subd. 10 reads as follows: Temporary licenses a restrictions. A municipality may not issue more than three four-day, four P Y p tY Y Y three-day, two-day, 12 one-day temporary licenses in an combination not to exceed 12 days per Y� Y� Y P rY Y year, under section 340A.404, subdivision 10, for the sale of alcoholic beverages to any one organization or registered political committee, or for any one location, within a 12 -month period. (b) A municipality may not issue more than one temporary licens e under section 340A.404, subdivision 10 for the sale of alcoholic beverages to an one organization or registered political committee, or for g Y g g p any one location, within any 30 -day period unless the licenses are issued in connection with an event officially designated a community festival by the municipality. OF Minnesota Department of Public Safety L ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St. Paul MN 55101 -5133 Of (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 -6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAr OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER h (AICh G) 5� A I I �C�u t) 3 aOq STREET ADDRESS V V CITY STATE ZIP CODE 7 2 H ]'1i, r V 6(60 k llrn Ct /4 P -55 g2 NAM OF P MAKING APPLICATION BUSINE f S I PHONE HOME PHONE DATES LIQUOR WILL BE SOLD a I �0� TYPE OF ORGANIZATION CI CH F. ,R ,UR ARITABT .FLK;Tni$ 0 F RNONPRO FTT ORGANIZATION OFFICER'S NAME ADDRESS S In n5�5 r(�Uf t F r, a ;c hr�)t' 1kur A Cc M N ORGANIZATION OFFICER'S ADDRESS V kit G' \I ORGANIZA ION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area, describe l u.nr�:a C�inhefi in C�5l� 1- J�1✓��'151�5 C�VIati/c �'1 Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. I\v Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage. APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL GAMBLING ENFORCEMENT CITY /COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and /or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS -09079 (05106) Certificate of Coverage Date 10/31/2006 Certificate Holder This Certificate is issued as a matter of information only and chdiocese of St. Paul- Minneapolis confers no rights upon the holder of this certificate. This certificate l�Chancery Office does not amend, extend or alter the coverage afforded below. 226 Summit Avenue St. Paul, MN 55102 Company Affording Coverage THE CATHOLIC MUTUAL RELIEF SOCIETY 10843 OLD MILL RD Covered Location OMAHA, NE 68154 Church of St. Alphonsus 7025 Halifax Avenue North Brooklyn Center, MN 55429 -1394 Coverages This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Type of Coverage Certificate Number Coverag e Effective Coverages Expiration Limits Date Property Real Personal Property General Liability General Aggregate Products Comp /OP Agg Occurrence Personal Adv Injury Claims Made 8589 7/1/2006 7/1/2007 Each Occurrence 1500,000 Fire Damage (Any one fire) Med Exp (Any one person) Excess Liability Each Occurrence Other Each Occurrence Description of Operations /Locations/Vehicles /Special Items Coverage is verified with regard to the Catholic Church of St. Alphonsus' Cana. Dinner, to be held on parish grounds, February 10, 2007. Includes Liquor Liability. Holder of Certificate Cancellation Should any of the above described coverages be cancelled before the expiration date thereof, the issuing company will City of Brooklyn Center endeavor to mail 30 days written notice to the holder of State of Minnesota certificate named to the left, but failure to mail such notice shall Alcohol Gambling Enforcement Division impose no obligation or liability of any kind upon the company, its agents or representatives. Authorized Representative 0111002158 Item n te o 7d C Cou Agend g a OX City of Brooklyn Center A Millennium Community MEMORANDUM DATE: November 21, 2006 TO: Curt Boganey, City Manager �y FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Approving Change Order No. 1, Improvement Project No. 2006 -11, Contract 2006 -E, Central /Salt Storage Facility Improvements On July 24, 2006, the Brooklyn Center City Council awarded a contract to Greystone Construction Company for the construction of a new salt storage building. The resolution awarding the contract included contingency funds in the amount of $19,000 for potential change order items. As of November 20, 2006, construction of the new salt storage building is approximately 90 percent complete. Only one change order item has occurred since the beginning of the building process. Change Order No. 1 reflects the cost of an exterior latex paint finish for the building. The original plans included an exposed aggregate finish for the pre -cast concrete building panels. The proposed latex paint system for the building exterior will provide three primary benefits over an exposed aggregate finish. The paint color can be customized to provide a closer match to the existing screening walls that adjoin the new building along Shingle Creek Parkway. The second advantage of a latex paint finish is that it can be easily refinished when staining occurs from adjacent irrigation systems. Concrete staining problems can be seen on numerous pre -cast concrete structures throughout the City. Finally, there has been an increasing rate of graffiti on Public Works buildings over the past few years. The latex paint finish will allow easy over coating of vandalism that may occur along the exterior walls. The removal of spray paint graffiti from exposed aggregate finishes can be costly and time consuming. The total cost for Change Order No. 1 is $3,626. This amount represents approximately one (1) percent of original contract. Attached for consideration is a City Council resolution approving Change Order No. 1 for the Salt Storage Building Project, Contract 2006 -E. 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 e Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NO. 2006 -11, CONTRACT 2006 -E, CENTRAL /SALT STORAGE FACILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Greystone Construction Company of Shakopee, Minnesota was instructed to modify the material specifications for exterior finishes on the pre -cast concrete building panels as itemized on Change Order No. 1 for Contract 2006 -E; and WHEREAS, said additional work was not included in the original Contract, but was deemed cost effective and justified for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that Change Order No. 1 in the amount of $3,626.00 is hereby approved. The revised contract amount shall be as follows: Original Contract Amount 337,716.00 Change Order No. 1 3,626.00 Revised Contract Amount 341,342.00 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. Contract Administration Distribution List: Owner •.i�a.e G701 Change Order Architect Contractor (Instructions on the reverse side) Field Other PROJECT (Name and address): CHANGE ORDER NUMBER:`` Brooklyn Center Salt Storage Building City of Brooklyn Center DATE: 9/21/2006 A W E r TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUNIB6g_09 r a x CONTRACT DATE: Ella "rte f Greystone Construction A X x 500 S. Marschall Road r p Shakopee, MN 55379 CONTRACT FOR: lS,al Buildm Uonstructro THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Dfrectfves,'�� M Incorporate the following into the work: p 0_47Z 4 t p g 1. Change the finish of the precast wall panels from exposed aggregate (at ldw_ &K2/ s anel faces to a standard M grey panel with ribbed face. Upper reveal and flat section remain the same fm but. will:lit pa tsb inted t Credit for this item is: $4,129.00 4 2 N Provide painted wall surface with primer /filler and final top coats in a gl?ss�latexfiish see section 0940) Added cost for this item is: $7,755.00 r_ IN "1 d Provide paint sample, 2 2 in area, on the panels for Owner review and apprdva �rz x Yea {het or e�,r rte a�z�at�ton� yam R 1 Total net add: $3,626.00 l 4k e original (Contract Sum) (Guaranteed Maximum Price) was The net change by previously authorized Change Orders M�, The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of _fl The new Contract Sum Guaranteed Maximum Price including this Change Order will be 341,342'00 The Contract Time will be increased decreased (unchanged) b da s- (To lie d The date of Substantial Completion as of the date of this Change Order therefore is eterinined) NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum (''rice whtc ave' een author ooig Construction Change Directive until the cost and time have been agreed upon by both the Owner an Contra #or lrw which c e Dap rOrde r rs xecut i to supersede the Construction Change Directive. k. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. OERTEL ARCHITECTS GREYSTONE CONSTRUCTION CIT r= O `ROQKLYN CENTER �M ARCHITECT (Firm name) CONTRACTOR (Firm name) 0(NNER�(✓fimname�a' ADDRESS D S ADDRESS M n BY BPS BY (Signature)��t x yP d (TYp a (Typed name) TE q 2 1 2�0G DATE DATE 9 7 -a6- avvr CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures changes will not be obscured. AIA Document G701 Change Order 2001 The American Institute of Architects Washington, DC www.aia.org WARNING: Reproduction, unlicensed photocopying or substantial quotation of the material herein without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. City Council Agenda Item No. 8a vemorandum Date: 21 November 2006 To: Curt Boganey City Manager From: Daniel Jordet Director of Fiscal Support Servi s Re: 2006A G.O. Improvement Bond Sale During the 2005 and 2006 construction seasons the City of Brooklyn Center has undertaken a number of street and utility improvement projects that have been funded, in part, by assessments to the benefiting property owners. These projects include: Lions Park South Neighborhood Summit Drive /Shingle Creek Parkway 48 Avenue North Twin Lake Avenue Centerbrook Neighborhood Humboldt Avenue /Earle Brown Drive The assessments for these projects have been levied and payments have been made on the construction contracts. There is a timing gap between the payment of contracts for the improvements and payment of the special assessments by property owners. Payments on contracts must be made in full at completion of the project. Property owners, however, have ten years to make the payments of assessments for the work that was done. To fill that gap many cities, including s d Brooklyn Center, sell General Obligation Improvement Bonds. These bo n produce the cash needed up front to make project payments while allowing the stream of payments from assessments to pay back the bond principal interest without need for additional levies or other funding. The above named projects assessed just over 2,000,000 in project costs to property owners. Some owners paid all assessed amounts immediately. This allows us to reduce the bond issuance to 1,460,000, including all costs of issuance. In the initial Recommendations for the sale of the bonds, the interest rate on the assessments levies was incorrectly stated at 6 A Revised Recommendations document has been compiled with the proper assessment interest rate of 5.5% on assessments already levied. It shows, on pages 8, 9 and 10 of the Revised Recommendations, that the projected assessments will produce more than enough income to retire the debt principal and interest for each year and for the entire issue. Bids will be received on the bonds on Monday, 27 November 2006 and will be tabulated and reported at the regular City Council meeting that evening. The Council will be asked to approve a resolution, draft copy attached, accepting the lowest net interest bid and providing for the issuance of the bonds. attachments: Revised Recommentaions for 1,460,000 General Obligation Improvement Bonds, Series 2006A Draft of Resolution (blanks to be filled in with successful bid information) Accepting Offer on the Sale of 1,460,000 General Obligation Improvement Bonds, Series 2006A, and Providing for their Issuance Revised Recommendations For City of Brooklyn Center, Minnesota $1,460,000 General Obligation Improvement Bonds, Series 2006A Presented to: Mayor Myrna Kragness Members, City Council Mr. Curt Boganey, City Manager Mr. Dan Jordet, Finance Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Study No.: 8020103 SPRINGSTED Incorporated November 3, 2006 S p r i n g st e d REVISED RECOMMENDATIONS Re: Revised Recommendations for the Issuance of $1,460,000 General Obligation Improvement Bonds, Series 2006A (the "Bonds" or the "Issue These recommendations have been revised from the original Recommendations dated October 17, 2006 to reflect revisions in project costs and the assessment interest rate. Proceeds of the Bonds will be used to finance various improvement projects within the City. We recommend the following for the Bonds: 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offering. 2. Sale Date and Time Monday, November 27, 2006, at 12:00 Noon, with award by the City Council at 7:00 P.M. that same evening. 3. Method of Sale The Bonds will be sold through a competitive bidding process. In the interest of obtaining as many bids as possible, we have included a provision in the attached Terms of Proposals for underwriters to submit their bid electronically through the electronic bidding platform of PARITY& In addition, physical bids (by phone or fax) will be accepted at the offices of Springsted. 4. Authority for the Bond Issue The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. 5. Repayment Term The Bonds will mature annually February 1, 2008 through 2017. Interest will be payable semi annually each February 1 and August 1, commencing August 1, 2007. 6. Security and Source of Payment (a) Security The Bonds will be general obligations of the City, secured by its full faith and credit and taxing power. (b) Source of Payment The Bonds will be repaid with a special assessments filed against benefited properties. If assessments are collected in full as projected, the City will not be required to levy taxes for repayment of the Bonds. Each year's first -half collection of assessment income i City of Brooklyn Center, Minnesota November 3, 2006 will be used to make the August 1 interest payment. Second -half collections of special assessments, plus surplus first -half collections, will be used to make the subsequent February 1 principal and interest payment. 7. Prepayment Provisions The City may elect on February 1, 2015, and on any date thereafter, to prepay the Bonds due on or after February 1, 2016, at a price of par plus accrued interest. 8. Credit Rating Comments An application will be made to Moody's Investors Service for a rating on the Bonds. The City's general obligation debt is currently rated "A1" by Moody's. 9. Term Bonds We have included a provision that permits the underwriters to combine multiple maturity years into a term bond, subject to mandatory redemption on the same maturity schedule provided in the Terms of Proposal. The advantage to the underwriter is that it provides large blocks of bonds, which are more attractive to bond funds, and certain pension funds. This in turn is a benefit to the City since selling larger blocks of bonds reduces the risk to the underwriter, allowing them to lower their costs and the interest coupons. Since the Bonds are being offered on a competitive bid basis and awarded on the lowest true interest cost, the City will award the Bonds to the best bid regardless of whether term bonds are chosen or not. 10. Federal Treasury Regulations Concerning Tax- Exempt Obligations (a) Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, expense that is allocable to carrying and acquiring tax- exempt bonds. There is an exemption to this for "bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax exempt bonds in a calendar year. Issues that are bank qualified generally receive slightly lower interest rates than issues that are not bank qualified. Since the City does not expect to issue more than $10 million of tax exempt obligations in 2006, the Bonds will be designated as bank qualified. Page 2 City of Brooklyn Center, Minnesota November 3, 2006 (b) Rebate Requirements All tax exempt issues are subject to the federal arbitrage and rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate in both of these categories. There is an exemption from rebate for municipalities that issue $5 million or less of tax exempt obligations in a calendar year. Since the City does not expect to issue more than $5 million of tax exempt obligations in 2006, this Issue will be exempt from rebate. Although exempt from rebate, the City must still comply with the arbitrage regulations which require yield restriction of proceeds remaining in a project fund after the three year temporary period. (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for each tax exempt issue or be subject to yield restriction. This requires restricting the investments held in the debt service fund to the yield on the Bonds. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with carry-over permitted equal to the greater of the investment earnings in the fund during the prior year or 1/12 the debt service of the prior year. With issues having special assessments pledged as a source of repayment, such as the Bonds, additional diligence should be exercised in monitoring the debt service fund due to the potential accumulation of assessment prepayments which could cause the fund to become non -bona fide. (d) Economic Life The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. The economic life of the improvements to be financed with the proceeds of the Bonds is at least 20 years. The average life of the Bonds is 4.946 years; therefore this Issue is within the economic life requirements. 11. Continuing Disclosure The Bonds are subject to continuing disclosure requirements set forth by the Securities and Exchange Commission (SEC), The SEC rules require the City to Page 3 City of Brooklyn Center, Minnesota November 3, 2006 undertake an annual update of certain Official Statement information and report any material events to the national repositories. Springsted currently provides continuing disclosure services to the City. We have provided City staff with a contract amendment to include this Issue. 12. Attachments Sources and Uses of Funds Assessment Income Schedules Debt Service Schedule Terms of Proposal DISCUSSION Proceeds of the Bonds will be used to finance various improvement projects within the City. The City has received $638,695 of prepaid special assessments that will be used to reduce the borrowing amount. A detailed sources and uses of funds are shown on page 6. The Bonds will be general obligations of the City secured by its full faith and credit and taxing power. The Bonds will be repaid with special assessments filed against benefited properties. Special assessments totaling $1,103,793 of principal were filed with the County in November 2005 for collection 2006 (the "2005 Assessments of that amount, $408,940 has been credited for prepayments. The net amount of 2005 Assessments available to pay debt service on the Bonds will therefore be approximately $694,853. Special assessments totaling $955,234 of principal will be filed with the County in November 2006 (the "2006 Assessments of that amount, $229,754 has been credited for prepayments, The net amount of 2006 Assessments available to pay debt service on the Bonds will therefore be approximately $725,480. Both 2005 and 2006 Assessments will be spread over a term of 10 years from the date they were filed, and will be repaid on the basis of even annual principal payments. Interest on the unpaid principal balance will be charged at a rate of 5,50 the rate that has been established by the City. Pages 7 through 9 show the derivation of assessment income pledged to the Bonds. We have structured the Bonds around the projected assessment income to result in an even annual surplus of projected assessment income over the debt service requirements. The debt service schedule for the Bonds is shown on page 10 with the following information: Columns 1 through 5 show the annual principal payment dates, annual principal, estimated interest rates, and the projected total principal and interest payments given the current market environment. Column 6 shows the 105% overlevy which is required by State statutes and serves as a protection to bondholders and the City in the event of delinquencies in the collection of assessments. Column 7 shows the total projected assessment income developed on pages 7 through 9. Page 4 City of Brooklyn Center, Minnesota November 3, 2006 Column 8 shows the difference between columns 6 and 7, and represents the City's annual surplus. Based on the projected assessment income, collections from assessments are expected to be sufficient to cover 100% of the debt service including the 105% overly. Therefore, the City will not be required to levy taxes to pay debt service on the Bonds. We appreciate the opportunity to again be of service to the City of Brooklyn Center. Respectfully submitted, SPRINGSTED Incorporated ss Provided to Staff: Continuing Disclosure Contract Amendments m Page 5 $1,460,000 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 2006A Sources Uses Dated 12/15/2006 1 Delivered 12/1512006 Sources Of Funds $1,460,000.00 Par Amount of Bonds 2005 Prepaid Assessments 408,940.00 229,754.00 2006 Prepaid Assessments TotalSources $2,098,694.00 Uses Of Funds Deposit to Project Construction Fund 2 0 26,950.00 Costsof Issuance Total Underwriter's Discount (0. 800%) 11,680.00 1,037.00 RoundingAmount TotalUses $2,098,694.00 Series 2006A 10.31.06 SINGLE PURPOSE If/ 112006 9:21 AM Springsted Page 6 $1,420,333 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 2006A Issue Summary Assessments DATE 2005 2006 TOTAL Assessments Assessments 12/31/2006 114,071.66 114,071.66 12/31/2007 103,880.50 119,099.68 222,980.18 12/31/2008 100,058.80 108,459.31 208,518.11 12/31 /2009 96,237.10 104,469.17 200,706.27 12/31/2010 92,415.41 100,479.01 192,894.42 12/31/2011 88,593.71 96,488.87 185,082.58 12131/2012 84,772.03 92,498.73 177,270.76 12/31/2013 80,950.33 88,508.58 169,458.91 12/31/2014 77,128.65 84,518.44 161,647.09 12/31/2015 73,306.95 80,528.30 153,835.25 12/31/2016 76, 538.16 76, 538.16 Total $911,415.14 $951,588.25 $1,863,003.39 Par Amounts Of Selected Issues Series2006A -2005 Assessmen 694,852.74 Series2006A -2006 Assessmen 725,480.26 TOTAL............................................................................................................................................... 1,420, 333.00 Aggrc:Y:rh• //°00(; S.54AM Springsted Page 7 $694,853 City of Brooklyn Center, Minnesota I s General Obligation Improvement Bonds, Series 2006A 2005 Assessments ASSESSMENT INCOME Date Principal Coupon Interest Total P +I 1213112005 12/31 /2006 69,485.28 5.500% 44,586.38 114,071.66 12/31/2007 69,485.28 5.500% 34,395.22 103, 880.50 12/31/2008 69,485.28 5.500% 30,573.52 100,058.80 12/31/2009 69,485.28 5.500% 26,751.82 96,237.10 12/31/2010 69,48517 5.500% 22,930.14 92,415.41 12/31/2011 69,485.27 5.500% 19,108.44 88,593.71 12/31/2012 69,485.27 5.500% 15,286.76 84,772.03 12/3112013 69,485.27 5.500% 11,465.06 80, 950.33 12/31/2014 69,485.27 5.500% 7,643.38 77,128.65 12/31/2015 69,485.27 5.500% 3,821.68 73,306.95 Total $694,852.74 $216,562.40 $911,415.14 SIGNIFICANT DATES FilingDate 11/01/2005 FirstPayment Date 12/31/2006 .Seria•e•1006A- A.— xamen/ 2005 Axwxw rnts ///2006, 8,54 AM ringst d Page $725,480 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 2006A 2006 Assessments ASSESSMENT INCOME Date Principal Coupon Interest Total P +I 12/31/2006 12/31 /2007 72,548.03 5.500% 46,551.65 119,099.68 12/31/2008 72, 548.03 5.500% 35, 911.28 108,459.31 12/31/2009 72, 548.03 5.500% 31,921.14 104,469.17 12/31/2010 72,548.03 5.500% 27,930.98 100,479.01 12/31/2011 72,548.03 5.500% 23, 940.84 96,488.87 12/31/2012 72, 548.03 5.500% 19,950.70 92,498.73 12/31/2013 72,548.02 5.500% 15,960.56 88,508.58 12/31/2014 72, 548.02 5.500% 11, 970.42 84, 518.44 12/31/2015 72, 548.02 5.500% 7,980.28 80, 528.30 12/31/2016 72, 548.02 5.500% 3,990.14 76, 538.16 Total $725,480.26 $226,107.99 $951,588.25 SIGNIFICANT DATES FilingDate 11/01/2006 FirstPayment Date 12/31/2007 Si•nrr y000 :1 A.evre.rinrn[ l ZDO('A.cvaerinrnta l /1/ 112006 8:54 M1 S i n n s Page 9 $1,460,000 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 2006A NET DEBT SERVICE SCHEDULE (1) Date Principal Coupon Interest Total P +I Net New D/S 105% of Total Assessment Annual Income Surplus 02101/2007 02/01/2008 260,000.00 3.700% 62,617.04 322,617.04 322,617.04 338,747.89 337,051.84 (1,696.05) 02/01/2009 150,000.00 3.700% 45,902.50 195,902.50 195,902.50 205,697.63 208,518.11 2,820.48 02/01/2010 150,000.00 3.750% 40,352.50 190,352.50 190,352.50 199,870.13 200,706.27 836.15 02/01/2011 145,000.00 3.750% 34,727.50 179,727.50 179,727.50 188,713.88 192,894.42 4,180.55 02/01/2012 145,000.00 3.800% 29,290.00 174,290.00 174,290.00 183,004.50 185,082.58 2,078.08 02/01/2013 140,000.00 3.850% 23,780.00 163,780.00 163,780.00 171,969.00 177,270.76 5,301.76 02/01/2014 140,000.00 3.850% 18,390.00 158,390.00 158,390.00 166,309.50 169,458.91 3,149.41 02/01/2015 135,000.00 3.900% 13,000.00 148,000.00 148,000.00 155,400.00 161,647.09 6,247.09 02/01/2016 130,000.00 3.950% 7,735.00 137,735.00 137,735.00 144,621.75 153,835.25 9,213.50 02101/2017 65,000.00 4.000% 2,600.00 67,600.00 67,600.00 70,980.00 76,538.16 5,558.16 Total $1,460,000.00 $278,394.54 $1,738,394.54 $1,738,394.54 $1,825,314.27 $1,863,003.39 $37,689.12 SIGNIFICANT DATES Dated................................................................................................................................................................. 12/15/2006 DeliveryDate 12/15/2006 FirstCoupon Date 8/01/2007 Yield Statistics BondYear Dollars $7,221.56 AverageLife 4.946 Years AverageCoupon 3.8550495% NetInterest Cost NIC) 4.0167875% TrueInterest Cost TIC) 4.0350082% BondYield for Arbitrage Purposes 3 AllInclusive Cost AIC) 4.4711641% IRS Form 8038 NetInterest Cost 3 WeightedAverage Maturity 4.946 Years .V na,200(;A 10.41.06 SYNGYPLRPObG 1// 112006 "1.2 7AM Springsted Page 10 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,460,000 CITY OF BROOKYLN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, November 27, 2006, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they 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 between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. 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 Bidding. 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 shall be solely 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 register 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 services of PARITY The City is using the services of PARITY solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY 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 PARITY including any fee charged, may be obtained from: PARITY 1359 Broadway, 2 nd Floor, New York, New York 10018 Customer Support: (212) 849 -5000 Page 11 DETAILS OF THE BONDS The Bonds will be dated December 15, 2006, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2007. 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: 2008 $260,000 2011 $145,000 2014 $140,000 2016 $130,000 2009 $150,000 2012 $145,000 2015 $135,000 2017 65,000 2010 $150,000 2013 $140,000 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 securities 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, 2015 and on any day thereafter, to prepay Bonds due on or after February 1, 2016. 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. 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 City will pledge special assessments against benefited properties. The proceeds will be used to finance various improvement projects within the city. Page 12 TYPE OF PROPOSALS Proposals shall be for not less than $1,448,320 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit "Deposit in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $14,600, payable to the order of the City. If a check is used, it must accompany the proposal. 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 preapproved 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 purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 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. 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 must be in level or ascending order. 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. 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 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 CUSIP identification numbers shall be paid by the purchaser. Page 13 SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall 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 b action of the City, or its agents, the purchaser shall be liable to the p Y City for any loss suffered by the City by reason of the purchasers non compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bond, 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). OFFICIAL 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 55101, 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 60 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 October 23, 2006 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Clerk 0 Page 14 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA HELD: November 27, 2006 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Brooklyn Center, Hennepin County, Minnesota, was duly called and held at the City Hall in said City on Monday, the 27th day of November, 2006, at 7:00 P.M., for the purpose of awarding the sale of, $1,460,000 General Obligation Improvement Bonds, Series 2006A 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 $1,460,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A 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 $1,460,000 General Obligation Improvement Bonds, Series 2006A 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 12:00 Noon, this same day: 1958843v1 Bidder Interest Rate Net Interest Cost NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. Acceptance of Offer. The offer of (the "Purchaser"), to purchase $1,460,000 General Obligation Improvement Bonds, Series 2006A 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: Orieinal Issue Date: Denominations: Maturities: Term Bond Ontion. The Bonds shall be titled "General Obligation Improvement Bonds, Series 2006A shall be dated December 15, 2006, 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 2008 $260,000 2013 $140,000 2009 150,000 2014 140,000 2010 150,000 2015 135,000 2011 145,000 2016 130,000 2012 145,000 2017 65,000 As may be requested by the Purchaser, one or more Term Bonds may be issued having mandatory 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 Entry 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: 1958843vl 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 registered in a bond 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, or (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 other matters with respect to the Bonds, for the purpose of obtaining any consent or other 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 payments shall o rs of the Bonds as shown on the register, and all such p ym 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, and subject to the transfer provisions in paragraph 10 hereof (with 1958843vl 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 of Representations (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 Registrar may establish a special record date for such consent or other action. The City 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 -Entry Only Svstem. Discontinuance of a particular Depository's services and termination of the book -entry only system 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 1958843v1 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 shall 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 paragraph 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 paragraph 10 hereof (with respect to registration, transfer and exchange). 3. Purpose. The Bonds shall 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, 2007, 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 2008 2013 2009 2014 2010 2015 2011 2016 2012 2017 5. Optional Redemption. All Bonds maturing in the years 2016 and 2017, shall be subject to redemption and prepayment at the option of the City on February 1, 2015, 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 19588430 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 common maturity date, the Bond Registrar prior to giving notice of redemption 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 so assigned to such 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 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 Registrar. 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 paragraph 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: 1958843vl 6 UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF BROOKLYN CENTER R- GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2006A INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP December 15, 2006 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, 2007, at above calculated on the basis of a 360 -da the rate per annum specified bo e Y ear of twelve 30 -day Y p p months) until the principal sum is paid or has been provided for. This Bond will bear interest interest has been aid or, t ate to which ><n if no interest has from the most recent Interest Payment D p been paid, from the date of original issue hereof. The principal p of and p remium 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 preceding of the calendar month next recedin such Interest Payment Date (the "Regular Record not so timely aid shall cease to be payable to the Date An interest m Y Yp erson who is the Holder P Y P 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 1958843v1 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 2016 and 2017, are subject to redemption and prepayment at the option of the Issuer on February 1, 2015, 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 Issuer 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 Redemntion. 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 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 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 Obligation. This Bond is one of an issue in the total principal amount of $1,460,000, all of like date of original issue and tenor, except as to number, 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 November 27, 2006 (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 2006A 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. 1958843v1 8 Denominations: Exchange: Resolution. The Bonds are issuable 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 office 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 Registrar. 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 Registrar 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 shall 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 upon Transfer or Loss. 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 this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar 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. Oualified Tax Exempt Obligation. 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. 1958843v1 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. IN 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 19588430 10 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. 1958843v l 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 membership 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.) 1958843v1 12 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 I 1958843v I 13 8. Execution: Temnorary 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 provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either 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 be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the 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 shall insert as a date of registration the date of original issue, which date is December 15, 2006. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer: Exchange. 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 Registrar shall authenticate, insert the date of registration (as provided in paragraph 9 with respect to authentication) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may 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 1958843vl 14 Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if 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. Riahts Uoon Transfer or Exchange. 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 address appearing thereon at the close of business on the fifteenth (15th) day of the calendar 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 o thereof at as of the Regular Record Date and shall be payable to the person who is the Holder h g PY p 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 Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Re1?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. 19588430 15 14. Delivery; Application 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 2006A 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 $1,448,320, plus any special assessments levied with respect to the Improvements 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 1. (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 Improvements 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 $1,448,320; (d) all collections of taxes hereafter levied for the payment of the Bonds and interest thereon in the event the sums herein pledged for the payment of the Bonds are insufficient 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; (f) 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 for 1958843v1 16 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 of 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 maximum permitted by law and not less than 6.00% per annum: Improvement Levy Collection Desianation Amount Years Years 2005 -2014 2006 -2015 2006 -2015 2007 -2016 17. Coveraize 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 1958843vl 17 five percent (5 in excess of the amount needed to meet when due the principal and interest payments on the Bonds. 18. General Obligation Pledge. 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 Registration. 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 prepare 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. 21. 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 Registrar 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 has been 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 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. Negative Covenant as to Use of Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or 19588430 18 permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, 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. Tax- Exembt 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 governmental 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(f)(4)(D) of the Code. 24. Compliance with Reimbursement Bond Regulations,. The provisions of this paragraph are intended to establish and provide for 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 and/or 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 maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not 1958843vl 19 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 p roceeds 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 are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 24 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax- exempt status of the Bonds. 25. Designation of Oualified Tax Exempt Obligations: 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 2006 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2006 have been designated for purposes of Section 265(b)(3) of the Code. 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. 1958843v1 20 26. Continuins 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 "Rule 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 Board "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 Mayor 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. Headings. 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. 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: 1958843v 1 21 r and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 1958843vl 22 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER I, the undersigned, being the duly qualified and acting Clerk of the City of that I have compared the attached and Center Minnesota DO HEREBY CERTIFY p Brooklyn Y foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance of $1,460,000 General Obligation Improvement Bonds, Series 2006A of said City. WITNESS my hand this day of 1 2006. Clerk 19588430 23 I City Council Agenda Item No. 8b i City of Brooklyn Center A Millennium Community MEMORANDUM DATE: November 21, 2006 TO: Curt Boganey, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Recognizing Dennis Anderson for 26 Years of Dedicated Public Service to the City of Brooklyn Center On November 30 2006 Dennis Anderson will be retiring after 26 ears of service with the g Y Brooklyn Center Public Works Department. Mr. Anderson has been a highly dependable and skilled equipment operator throughout his career with the City. Attached for consideration is a City Council resolution recognizing Dennis Anderson for his years of dedicated public service to the City of Brooklyn Center. 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 RECOGNIZING DENNIS ANDERSON FOR 26 YEARS OF DEDICATED PUBLIC SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Dennis Anderson has been an employee of the City of Brooklyn Center Public Works Department since December 1, 1980 and will retire after 26 years of dedicated service to the City of Brooklyn Center and its citizens on November 30, 2006; and WHEREAS, Dennis Anderson has shown an exceptional commitment to performing snow plowing and ice control operations during daytime, evening and weekend storm events for the past 26 winter seasons; and WHEREAS, Dennis Anderson has contributed to the efficient operation of street maintenance and street sweeping functions for the City of Brooklyn Center; and WHEREAS, Dennis Anderson has consistently promoted the safe operation of heavy equipment within the Public Works Department by serving as a leader in the on -hoist vehicle inspection program; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon recommendation from the City Manager, that the dedicated public service of Dennis Anderson is hereby recognized and appreciated by the City of Brooklyn Center. 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 Council Agenda Item No. 8c EF Brooklyn Center Fire Department N m m Office of the Fire Chief F F C EQ T. TO: Curt Boganey City Manager FROM: Ron Boman Fire Chief SUBJECT: Donation from North Memorial DATE: November 7, 2006 I have received an offer from North Memorial Ambulance to give us a 2000 Ford Econoline Ambulance at no cost to the City. This unit would replace our 1985 Chevrolet Van and be used for our Dive Team and their equipment. I have had members of the dive team examine the vehicle to make sure it will fulfill all their needs for equipment and storage and have been assured that it will meet all their needs. The cost to equip and make this vehicle workable for the dive team will be minimal as members of the dive team will do most of the work with only some major items that will have to be contracted out, building some shelves, repainting the vehicle. This will give us a vehicle that will last us at least another 10 years. The cost for everything that needs to be done outside will be about $10,000 which if approved soon would be paid for out of the Fire Department repair and maintenance budget for 2006. I have had Reggie Smart look the vehicle over and review the mechanical history from North Memorial service facility, and it is his conclusion that this vehicle has been well maintained and would be a good investment. I believe this would be an excellent acquisition for the fire department and when the transfer is complete the old 1985 unit will be sent to the city auction. 6645 Humboldt Ave North, Brooklyn Center, MN 55430 Telephone (763) 503 -3160 Fax (763) 561 -0717 Emergency Fire 9 -1 -1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION OF THE DONATION OF ONE E350 AMBULANCE FROM NORTH MEMORIAL HEALTH CARE AND AUTHORIZING EXECUTION OF THE EQUIPMENT/VEHICLE SALE AGREEMENT WHEREAS, North Memorial Health Care has offered to the City a donation of one E350 Ambulance; and WHEREAS, the Fire Department has identified a use for this vehicle; and WHEREAS, the City Council is appreciative of the donation and commends North Memorial Health Care for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The donation is acknowledged with gratitude. 2. The City Manager is authorized to execute the equipment/vehicle sale agreement. 3. The donation is appropriated to the corresponding activity budget. November 27. 2006 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. North Memorial Medical Center 10 11 MMO a EQUIPMENTIVEHICLE SALE AGREEMENT North Memorial Health Care (NMHC), doing business at 4501 68th Avenue N, Brooklyn Center, Minnesota 55429, on this day, of 2006 agrees to donate to the City of Brooklyn Center the following item(s): The quantity of one (1): Make /Model: 2000 E350 Ambulance Vin 1 FDWE35F1 YH92318 mileage approx: 222,000 license plate: r Valued at: Donated The buyer receives this equipment/vehicle as is, with no expressed Warranty or Guaranty. The buyer is responsible to remove all NMAS /NMMC /NMHC graphics, lettering, and logos within ten (10) days of this sale. All sale taxes are the responsibility of the buyer. When the equipment purchased is a motor vehicle, all transfer and new licensing fees are the responsibility of the buyer. The buyer is solely responsible to provide required training for use of the equipment and to operate the equipment within the manufacturer's specifications and guidelines. Seller's Signature Date for North Memorial Health Care Buyer's Signature Date 4501 68 Avenue North Brooklyn Center, MN 55429 Phone: (763) 520 -5357 L City Council Agenda Item No. 8d Cit of Office of the City Clerk BROOKLYN CENTER MEMORANDUM TO: Curt Boganey, City Manager v FROM: Sharon Knutson, City Clerk �l DATE: November 20, 2006 SUBJECT: Mayoral Appointment: Housing Commission Member The Housing Commission is composed of a chairperson and six members. There are two vacancies on the commission due to the resignation of Robert Paulson (09/16/06) and Jean Schuster (09/19/06). 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 September 18, 2006. Announcement was made in the September 27, 2006, edition of Brooklyn Center Sun -Post. Since there are still vacancies, the notice will continue to be posted and will be advertised in the Winter 2007 edition of City Watch resident newsletter. 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 either commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Attached for City Council Members only are copies of the application received: Kara Kuykendall 5507 Irving Avenue North A letter was sent to the applicant notifying her that her application for appointment would be considered at the November 27, 2006, City Council meeting. As requested by the City Council, the City Advisory Commission Bylaws and City Council Resolution Establishing the Housing Commission Duties and Responsibilities are not included in the materials but can be found on the City's web site at www.citvofbrooklvncenter.org and clicking on Mayor/ Council/ Commissions/ Charter, then Advisory Commissions. The membership roster is also available at this site. Other attachments include: 1) Memorandum from Mayor Kragness indicating her nomination. 2) Procedures for filling commission vacancies adopted by the City Council on March 27, 1995. 3) Geographical distribution of current members and applicants. Recommended Council Action: Motion by Council to ratify Mayoral nomination of Kara Kuykendall, 5507 Irving Avenue North, to the Housing Commission with term expiring December 31, 2007. Cityo of Office of the Mayor BROOKLYN CENTER MEMORANDUM TO: Councilmember Kathleen Carmody Councilmember Kay Lasman Councilmember Diane Niesen Councilmember Mary O'Connor FROM: Myrna Kragness, Mayor DATE: November 20, 2006 SUBJECT: Housing Commission Appointment As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the following nomination to the Housing Commission: Kara Kuykendall 5507 Irving Avenue North City of Brooklyn Center Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3 /27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; and 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. COUNCIL PROCEDURES ESTABLISHED FOR FILLING COMMISSION VACANCIES City of Brooklyn Center Housin g Commission Geographical Distribution (Chairperson and Six Members) Current Members November 20, 2006 Neighborhoods Applicant(s) Current Members Southeast Kara Kuykendall Joshua Xiong Northeast Northwest West Central Kris Lawrence Anderson Central Judy Thorbus Mark Yelich Southwest Michael Johnson Two vacancies. City Council Agenda Item No. 8e Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING 2007 EMPLOYER BENEFITS CONTRIBUTION FOR FULL -TIME NON -UNION EMPLOYEES WHEREAS, the City Council annually reviews the benefit contribution that is used to provide insurance benefit assistance to City employees; and 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 2007 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 2007 shall be set at $729.72 per month plus the cost of $10,000 in life insurance coverage. 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 Council Agenda Item No. Sf V emorandum Date: 21 November 2006 To: Curt Boganey City Manager From: Daniel Jordet Director of Fiscal Support Services Re: 2007 Utility Rates Following discussion at the 20 November 2006 Joint Working Session of the City Council and Financial Commission consensus was reached on the need for increases in the utility rates for the 2007 fiscal year. The following parameters were accepted as consensus recommendations for Council action at the 27 November 2006 Regular Council Meeting. Water Utilitv The Water Utility is facing a number of cash flow issues over the next several years including capital projects and possible automated meter reading system costs. The needs for capital projects drive a need for an immediate rate increase of 7.25 This will increase the quarterly minimum bill from 7.70 to 8.25. The rate per 1,000 of gallons of water used will rise from 1.11 to 1.19. A household using about 10,000 gallons of water a month will pay .80 per month more in water charges. In addition, a charge for assistance with season shutdown of commercial irrigation systems is being proposed at 45.00 per hour. This service is being requested frequently and costs for providing service to operate the curb valve boxes, which are customer property, cannot continue to be provided at no cost. Sanitary Sewer Utilitv The Sanitary ewer Utility is in relative) good shape financially, Reserves and tY P Y rY Y 9 cash generation projections will allow nominal increases to be possible for the foreseeable future. The proposed increase for 2007 is 2.75% on the flat rate charges for sanitary services. A single family residence will pay an additional 1.64 per quarter under the proposed new rates. Factors that may change this rate include a settlement for unbilled charges with the Metropolitan Council and the acquisition of automated meter reading technology. 0 Storm Sewer Utilitv Rates in the Storm Sewer Utility have not been increased since 2003. The rates proposed for 2007 incorporate an increase of 8.5% in the flat rate charged for collection and treatment of stormwater. The increase will mean an additional cost 1.68 per month for residential users. Again, this is the first increase in this rate since 2003 Street Light Utilitv Costs for electricity are increasing in the Street Light Utility and will require a 5% increase in rates. This will mean an additional .17 per quarter for residents. Recvclina Utility Because the contract with Waste Management was recently renegotiated there e in the costs of the Recycling Utility will be no increase cY 9 services for 2007. I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2007 WATER UTILITY RATES, 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 for the utility funds have been identified and reviewed by the City Council. 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, 2007. 2007 WATER UTILITY RATE SCHEDULE Water Rates, Fees and Charges Base Rate Year 2007 $1.19 per 1,000 Gallons Quarterly uarterl Minimum Rate Meter Size 2007 Ouarterly Minimum Charge 5/8" 8.25 3/4" 12.97 1» 16.49 1 %2" 21.21 2" 41.24 3" 82.47 4" 140.22 695 321.66 8 606.80 10'° 808.30 Fees Purchase Water Meter 5/8" or 3/4" 52.00 Purchase Water Meter Larger than 3/4" Cost plus 2.00 Fire protection inspection 52.00 Private hydrant maintenance Labor, materials, equipment and overhead RESOLUTION NO. Charges Delinquent account, quarterly charge Greater of 3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 Service Restoration $31.00 Monday through Friday (except holidays) Between the hours of 7:30 AM and 3:00 PM Assistance with Seasonal `phut- down and Restoration $45.00 per hour of'(-:crmnierci,al 1rriR}ation Systerns I hour minimurn 1vlmidav through Friday (except holidays) t::)nly Betv'e,'en the hours of 7:30 AM and 3:00 PM Service Restoration 83.00 Saturday, Sunday, Holidays and Between the hours of 3:00 PM and 7:30 AM Delinquent meter reading per account $2.00 -First Quarter (per consecutive quarter Non Refundable) $5.00- Second Quarter $14.00 -Third and subsequent Quarter Curb stop stand pipe repair $40.00 Hydrant Meters 5/8" or 3/4" Meter Deposit 100.00 Daily Rental 2.00 Monthly Rental 20.00 Minimum Rental 20.00 Hydrant Meters 2 1/2" Meter Deposit 700.00 Daily Rental 14.00 Monthly Rental 140.00 Minimum Rental 140.00 Water Connection Established annually by resolution ACH service charge .50 per quarter per customer I RESOLUTION NO. November 27, 2006 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 2007 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 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 fiends have been identified and reviewed by the City Council. 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 1, 2007. 2007 SEWER UTILITY RATE SCHEDULE Sewer Rates, Fees and Charges Base Rate Quarterly Residential Single Family Apartment Senior Citizen Year 2007 61.10 42.69 33.60 Non Residential Rate Year 2007 2.44 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 November 27. 2006 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 2007 STORM 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 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. 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, 2007. 2007 STORM SEWER UTILITY RATE SCHEDULE Storm Sewer Rates and Charges Quarterly Rates per Acre 2007 Ouarterlv Charge Base Rate 51.54 Cemeteries and Golf Courses 12.86 Parks 25.70 Single Family, Duplex, Townhouse 12.86/lot School, Government Buildings 64.29 Multiple Family, Churches 154.22 Commercial, Industrial 257.04 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 November 27. 2006 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 2007 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. 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 1, 2007. 2007 STREET LIGHT UTILITY RATE SCHEDULE Street Light Rates and Charges Quarterly Rates Customer 2007 Ouarterly Charge Per Dwelling Unit: Single, Double and Multiple Family Residential 3.48 Per Acre: Parks 5.80 Schools, Government Buildings, Churches 11.58 Retail and Service -Office 17.38 Commercial and Industrial 17.38 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 November 27. 2006 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 AFFIRMING 2007 RECYCLING RATE WHEREAS, the City of Brooklyn Center is a member of the Hennepin Recycling Group (HRG), which is a joint powers group organized pursuant to Minnesota Statutes Section 471.59 (1987); and WHEREAS, the purpose of the 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 program for its member cities to a curbside recycling WHEREAS the HRG has established p g 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the per household monthly recycling rate of $2.45 shall remain the same for the 2007 calendar year. November 27, 2006 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. AGENDA CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 27, 2006 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Council Chambers 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. Discussion Regarding Development Plans for Brookdale Square 2. 2007 Draft City Council Meeting Schedule 3. Revisions to Sign Ordinance/Banners Council 4. City Council Retreat Goal Setting Draft Results Submitted by Don Salverda 5. Financial Commission Member Recruitment Councilmember Niesen Pending List for Future Work Sessions Charter Amendments Charter Commission January 2007 Audit Committee Councilmember Niesen ox City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: November 22, 2006 TO: Brooklyn Center City Council FROM: Curt Boganey, City 1W SUBJECT: Brookdale Square Redevelopment COUNCIL ACTION REQUIRED The staff is seeking direction regarding the appropriate response to development proposals within the Opportunity Site area. BACKGROUND Several weeks ago staff was approached regarding a development proposal for the Brookdale Square property. The proposal is for a significant "Big Box" retail use that is the Opportunity Site redevelopment compatible with not likely to b Pp Y guidelines. Y p The developer was advised of the Council plans for the area and given copies of the Opportunity Site guidelines. The staff has received no further contacts since the initial meeting. At this point staff is in the process of preparing ordinance amendments and planning for Comprehensive Plan amendments that will codify the Opportunity Site Guidelines. This item is brought to your attention so that staff will know if there is a consensus that we should move forward with the Opportunity Site plans or if the Council is interested in entertaining redevelopment options that will likely lead to a dramatic change in the Opportunity Site redevelopment plans. COUNCIL POLICY ISSUES Is the Council still inclined to pursue the goals as outlined in the Opportunity Site Redevelopment Plan or have conditions changed that would merit moving in a different direction at this time? If the Council is committed to continuing with the Opportunity Site plan should we consider adopting a moratorium ordinance for the Opportunity Site Area? C: Brad Hoffman BrookdalesquareWORKSESSION .MEM.doc 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 City of Brooklyn Center DRAFT 11127106 2007 City Council Meeting Schedule Regular J' y C0un fl IVle l<>r Special Cllt Council flee #�ngs Counc�l�hambers All,ciates are 1V�onday,unless „othervuise noted Facilitated Retreat Date to Be Determined Later Study/Work Session 6:00 p.m. April 30 7:00 P.M. Informal Open Forum 6:45 p.m. Board of Appeal Equalization CC June 4 6:30 p.m. Regular Session 7:00 p.m. Work Session w /Auditor and Budget Work Session Work Session immediately following w /Financial Commission CC (Continued) Regular Session August 20 6:30 p.m. Budget Work Session Brooklyn Center City Council regularly w /Finan cial Commission n CC meets the 2nd and 4th Monday each October 15 6:30 p.m. month, unless Monday is a holiday. Budget Work Session (Enterprise Funds) January 8 w /Financial Commission CC January 22 November 19 6:30 p.m. February 12 Budget Work Session February 26 w /Financial Commission CC March 12 December 3 7:00 p.m. March 26 Initial Truth In Taxation CC April 9 December 10 6:00 p.m. April 23 Continuation Truth In Taxation (if needed) CC May 14 May 28 June 11 June 25 July 9 July 23 August 13 August 27 September 10 September 24 October 8 October 22 November 12 November 26 December 10 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, 6155 Earle Brown Drive MEMORANDUM TO: Curt Boganey, City Manager FROM: Ronald A. Warren, Planning and Zoning Specialist SUBJECT: Lang Nelson Request Regarding Banners DATE: November 20, 2006 We have been directed to review the sign ordinance as it relates to the displaying of banners and provide options for the Council's consideration in response to a request by Lang Nelson Associates to be allowed to display decorative banners at their complexes. Attached is a copy of a letter from Francis Lang outlining their request noting the conflict between the City's Sign Ordinance and their attempt "to further enhance a warm neighborhood feeling" in their apartment complexes by hanging decorative banners from their light standards. He notes that these banners are not intended as advertising but as a decoration that conveys "community" to residents and their guests. Our sign ordinance defines a sign as "any publicly displayed message bearing device for visual communication or any attention attracting device that is used primarily for the purpose of bringing the subject thereof to the attention of the public including any banner, pennant, symbol, valance or similar display." Banners are listed in the ordinance under the category of "prohibited signs" unless they are approved in conjunction with an administrative permit or unless authorized by Section 34- 140, Subdivision 2m of the City Ordinances. The display of banners with the issuance of an administrative permit allows them to be displayed twice during the calendar year for up to ten consecutive days per permit. Section 34 -140, Subdivision 2m allows banners to be displayed in conjunction with a garage sale if they are limited to the location of the sale (no off premise banners, etc.), displayed only during the duration of the sale and must be removed at its termination. No other exceptions are authorized. Based on the above, the banners hung from light standards at the Lang Nelson complexes are not permitted and they were advised to remove them. They have complied but are seeking relief based on what they believe to be a reasonable method to allow decorations to augment their neighborhoods. The main concerns I see with respect to the possible change in the ordinance is to make a distinction between the decorative, festive community oriented banners Lang Nelson proposes and those that may tend to clutter the landscape of commercial and residential property with advertising and other types of commercial messages utilizing banners as an attention attracting device for such purposes. One can easily envision banners hung from light standards, power poles and similar structures for the purpose of advertising a business, product, service or other activity. Commercial establishments could use banners for product identification, the sale of the day, a corporate logo or other purposes. Banners for space available or lease could proliferate as well. I would think car dealerships especially would take advantage of the ability to display banners by utilizing attention attracting banners with all sorts of sales, product, service information and the like much like they already utilize the American flag for attention attracting purposes. Banners can become unsightly if not maintained properly and could be faded, torn or tattered in a manner that is not desirable. Attention to this point should be addressed also. The Lang Nelson letter points out some examples where banners have been utilized by surrounding communities and also in various areas to enhance or define downtown areas or other specific neighborhoods. They point out again that they banners do not appear as advertising but as decorations to augment the neighborhoods. I have attempted to fashion some language that would allow decorative banners as requested by Lang Nelson but hopefully limit or restrict banners that might be viewed as undesirable. I have not yet had an opportunity to review the suggested language with the City Attorney. He may have some comments or concerns relative to the proposal and his input should be sought as well. The following is the suggested language which is offered for City Council discussion at their upcoming work session: Section 34 -130. Prohibited Signs 7. Banners, pennants, streamers, balloons, stringers or similar attention attracting devices, unless approved in conjunction with an administrative permit as provided in Section 35- 800 or unless authorized by Section 34 -140, Subdivision 2m or 20 of the City Ordinances. Section 34 -140. Permitted Signs 2. Permitted Signs not Requiring a Permit. o. Decorative banners attached to or hung from light standards or similar structures, provided thev are no larger than 16 so. ft. in area. contain no commercial advertising message or logo. product identification nor are intended for advertising purposes and must be maintained in a safe manner and in good condition so as not to be faded., torn. tattered or be in an unsightly condition. Such banners located within the public right of wav may be disnlaved only if specifically authorized and/or erected by the local roadwav authoritv. (Underlining indicates new matter.) 4 y La lsvrl ASSOCIATES INCORPORATED July 21, 2006 PROFESSIONAL PROPERTY MANAGEMENT Mayor Myrna Kragness 3401 63rd Avenue North Brooklyn Center, MN 55429 and V Curt Boganey Assistant City Manager /Director of Operations 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Light Standard Banners Dear Mayor Kragness and Mr. Boganey, On June 7 Greg Bronk from my office and I met with Ron Warren to discuss the placement of decorative banners at our various senior housing apartment sites in the City of Brooklyn Center. A brief bit of background. Lang Nelson Associates manages 562 senior apartment units within the city of Brooklyn Center. We at Lang Nelson pride ourselves in delivering the highest quality of housing services to our residents. At Lang Nelson, "Our mission is to go above and beyond our customer's expectations. We are dedicated to providing quality living environments that enhance our residents lives physically, socially and sp iritual y. We take great satisfaction in presenting premier senior housing facilities to our residents and are proud to be located in Brooklyn Center and believe we are an asset to your city. Physically, our Lang Nelson communities are second to none. We attempt to deliver the highest quality physical asset to our residents. This is not only true for our residential units but also the common areas and the property grounds. Our landscaping is part of our residents' home. A significant element of our landscaping is our exterior on -site lighting. Our unique turn of- the century light standards not only provide lighting for safety but also enhance the atmosphere of "your neighborhood, your home". To further enhance a warm neighborhood feeling, we have hung decorative banners from our light standards These banners were not intended as advertising but as a decoration that conveys "community" to residents and their guests. 4601 Excelsior Boulevard, Suite 650 Minneapolis, MN 55416 952 920 -0400 Fax 952- 920 -0982 info@Nanel.com We have used these banners in the past in Brooklyn Center without issue. Recently we were asked to remove these banners because they violate your sign ordinance. Many of our residents your residents have inquired as to why the negative change. We have continued to use these banners without issue in all surrounding communities. There are many cities in the metro area that display similar banners to enhance and define their downtown areas. We have also seen many other cities utilizing these types of banners to r certain neighborhoods. such as St Louis ti exclusive areas within their city locate or identify Y fo t wn Wayzata. Once &G Grand, the Uptown area in. Minneapolis o y Park's Excelsior olis and Down p P again the banners do not appear as advertising, but as decorations to augment the neighborhoods. Attached are some photographs of our decorative banners. Our request is to simply allow us to return our banners to our light standards as soon as v nience. You may contact me at 952 -697- possible. Please respond to us at e y P o our earliest con p Y 4610. Thank Y ou fo o r rev w in th' matter. Y Cordi rancis W a President Lang Nelson Associates FWL:mnb Enclosure. Donald Salverda Associates Roseville Professional Center Suite 511 2233 N. Hamlin Avenue Roseville, MN 55113 (651) 484 -1335 THE BROOKLYN CENTER CITY COUNCIL 2006 GOAL SETTING RETREAT THE BROOKLYN CENTER CITY COUNCIL 2006 GOAL SETTING RETREAT Page INTRODUCTION....... 1 II INTRODUCTORY REMARKS 2 III COMMUNICATION ENHANCEMENT 3 IV REVIEW OF PROGRESS BEING MADE 3 V LEADERS AND MANAGERS ARE BEING CHALLENGED 3 VI CHANGES THAT HAVE AND ARE EXPECTED TO IMPACT THE CITY 4 VII ISSUES AND OPPORTUNITIES FACING THE CITY 4 VIII THE GOALS PROGRAM TO ADDRESS THE ISSUES AND OPPORTUNITIES 4 IX PRELIMINARY STRATEGIES TO ACHIEVE THE GOALS 4 X ROLES AND RESPONSIBILITIES 5 XI CLOSING REMARKS 5 XII EVALUATION OF THE RETREAT 5 XIII RECOMMENDED FOLLOW -UP ACTIONS 6 ATTACHMENTS THE BROOKLYN CENTER CITY COUNCIL 2006 GOAL SETTING RETREAT 1 INTRODUCTION The council members and city manager of the City of Brooklyn Center held a Goal Setting Retreat on November 11, 2006. The retreat was held in the The Harvest Room at the Earle Brown Conference Center in Brooklyn Center. Invited to and participating in the retreat were the newly elected Mayor Tlm Wilson and the newly elected Councilmen Dan Ryan and Mark Yelich. The retreat facilitator was Don Salverda, President of Donald Salverda and Associates of Roseville, Minnesota. Participants at the retreat treat were. Myrna Kragness Mayor Kathleen Carmody Council Member Kay Lassman Council Member Diane Niesen Council Member Mary O'Connor Council Member Curt Boganey City Manager Tim Wilson Newly Elected Mayor Dan Ryan Newly Elected Councilman Mark Yelich Newly Elected Councilman 1 The rim a objectives of the retreat were: P rY 1 1) To review arocress related to the council's 2006 9 oals 2) To enhance communication and develop renewed team spirit among participants 3 To discuss chances that are like) to impact the city Y p Y 4) To develop updated consensus on issues and opportunities facing the city (1 -3 year perspective) 5) To develop an updated aoals Drocram for the city (1 -3 year perspective) 6) To develop veliminary strateaies to achieve the highest priority goals 7) To be both educational and eniovable This report summarizes the results of the retreat and includes recommendations for follow -up actions to be taken. II INTRODUCTORY REMARKS Mayor Myrna Kragness welcomed participants to the retreat pointing out the importance of communication and team work among the council members, the need to develop consensus on issues facing the city, and to update the city's goals. City Manager Curt Bo a Y ne also welcomed participants to the retreat and 9 9 Y p p thanked them for their commitment to the city. He indicated the importance for the council to develop onsensus on five or six highest priority t P 9 p Y9 goals for he staff to focus their efforts. Both Mayor Kragness and the city manager welcomed the recently elected mayor and two new council members to the retreat. He then introduced the Retreat Facilitator, Don Salverda 2 III COMMUNICATION ENHANCEMENT After introductory remarks were made, the facilitator indicated that one of the primary objectives of the retreat was to enhance communication among the participants. The first activity began the communication process by providing the participants the opportunity to share backgrounds, perspectives on the greatest challenges facing the city, and expectations for the retreat. Man of the challenges cite s were incorporated d b artici ant orated into later w Y 9 Y p p p discussions on Issues and Opportunities facing the city. The refreshment breaks, luncheon, and group discussions provided additional opportunities to further enhance communication. See Attachment A for the Greatest Challenges Facina the Citv and Expectations for the Retreat IV REVIEW OF PROGRESS BEING MADE The next activity focused on a review of progress being made by the city during the last year. It was agreed that significant progress has been made in a number of areas. Participants also discussed problems that have been encountered and lessons that have been learned. Participants also agreed there is room for improvement. See Attachment B for the Review of Progress being made by the Citv V LEADERS AND MANAGERS ARE BEING CHALLENGED The facilitator provided information on leadership, pointing out that leaders and managers at all levels of organizations in both the public and private sectors are being challenged as never before. In the public sector, government officials and professional staff are faced with the dilemma of meeting increasing service needs with limited funding capability. It was pointed out that in year 2006 and beyond increased emphasis is being placed on individual leadership and leadership development within organizations. The facilitator provided a number of resource materials on leadership that were referred to throughout the retreat. 3 VI CHANGES THAT HAVE AND ARE EXPECTED TO. IMPACT THE CITY Participants next reviewed and discussed significant changes that h ave impacted the city during the last five years and those expected to impact the city during the next five years. See Attachment C for the Listing of Chanaes that Have and are Expected to Impact the Citv VII ISSUES AND OPPORTUNITIES FACING THE CITY The participants were provided with information from the department heads, and the results of a citizen survey, pertaining to the greatest challenges facing the city. From this information and their own perspectives, participants identified the major issues and opportunities facing the city. The listing provided a fresh update and consensus on needs to be addressed by the city. See Attachment D for the Undated Listina of Issues and Opuortunities facina the Citv VIII THE GOALS PROGRAM TO ADDRESS THE ISSUES AND OPPORTUNITIES The identified issues and opportunities were then converted into a proposed goals program for the city for 2007 2008. The goals program consists of eight highest priority goals. See Attachment E for the Proposed Goals Program to Address the Hiahest Prioritv Issues and O000rtunities IX PRELIMINARY STRATEGIES TO ACHIEVE THE GOALS Time did not allow for the development of preliminary strategies to achieve the goals. These strategies and action plans need to be discussed and developed to determine what is realistic and what is not realistic. It was recommended that a second retreat be scheduled to discuss the preliminary strategies. It was also recommended that the department heads be active participants at the follow up retreat. 4 X ROLES AND RESPONSIBILITIES The facilitator recommended that the council discuss and develop a simple listing of the major roles and responsibilities of the city council, individual council members, the mayor, the city administrator, department heads, city employees and citizens. He provided a sample from another city that the council might use as a model. See Attachment F for the Listinq of Maior Roles and Responsibilities XI CLOSING REMARKS The retreat concluded with the facilitator challenging the participants to make a positive impact in their leadership roles. He pointed out the interdependency of the city council and staff, and the need to be mission and goal driven. He further challenged participants to be continuous learners, to accept, and appreciate diversity, to be team players, and to focus on the "big picture." Mayor Myrna Kragness and City Manager Curt Boganey closed the session by thanking everyone for participating. Both thanked the facilitator for organizing and leading the retreat. It was agreed that the retreat had a very good outcome and that a follow up retreat be scheduled in the near future. XII EVALUATION OF THE RETREAT The retreat was very well received by participants with an overall rating of 4.4 on a scale of 1 low and 5 high. See Attachment G for the Evaluation of the Retreat 5 XIII RECOMMENDED FOLLOW -UP ACTIONS It was agreed that considerable progress was made at the retreat and that follow up actions are needed. A recommended sequence of actions are: 1) The participants review the Executive Summary of the retreat 2) The city manager fine tunes the prioritized issues and opportunities, and the recommended goals program for city council consideration 3) A second retreat be scheduled to develop preliminary strategies and action plans to achieve the goals. 4 The city a pproves council a and formally dopts the finalized goals program. Y 5) Action plans be developed for each goal under the guidance of the city manager 6) The city council and city manager monitor progress on achievement of the goals during the year 6 A follow-up etreat be scheduled in one year to evaluate progress and p Y P update the goals Executive Summary Written by the Retreat Facilitator Don Salverda Donald Salverda Associates Roseville Professional Center, Suite 511 2233 North Hamline Roseville, MN 55113 (651) 484 -1335 6 Attachment A GREATEST CHALLENGES FACING THE CITY 1) "Resident satisfaction with the city's quality of life" 2) "The city's housing stock" 3) "Declining business values" 4) "Having adequate resources for services" 5) "Taxes" 6) "The image of the city" 7) "The perception of crime in the city" 8) "Redevelopment" 9 "The deterioration of ro ert p p Y 10) "Water quality" 11) "Having a tolerance of diversity" 12) "Code enforcement and property maintenance" 13) "The city needs better citizen buy in on goals" 14) "Getting citizen participation, commitment, and buy in 15) "Shopping services" 16) "Communication and collaboration with other units of government" 17) "Communicating with citizens" i 7 RETREAT EXPECTATIONS 1) "To begin a continuing dialogue with the council members and to have a new beginning for the city" 2) "To reach consensus on a limited number of realistic and measurable goals" 3) "To set some goals and make a good transition to the new team" 4) "To share ideas for changes as pertaining to goals" 5) "To listen and learn to set goals" 6) "To develop measurable goals" 7) "To develop five or six goals for the city" 8) "To develop both long term and short term goals" 9) "To agree on five or six measurable goals" 8 Attachment B REVIEW OF PROGRESS BEING MADE BY THE CITY THE SUCCESSES 1) "The continuing providing of public services with limited resources" 2) Improved public input on street and utilities projects 3) "Communication between the police department and the public" 4) "Having police department meetings in the neighborhoods" 5) "Improved police department reports on crime" 6 "Developing the opportunity site blue print with public input" p 9 Pp Y P p p 7) "The 57 and Logan Development" 8) "The successful transition of the new city manager Curt Boganey" 9) "The city's addressing diversity" 10) "The city's website" 11) "The successful transition of the city's dispatching function to the county" 9 THE PROBLEMS ENCOUNTERED 1) "Too much staff time has been spent trying to understand the council's desires and not focused on implementation of action plans" 2) "The city's limited resources related to code enforcement" 3) "The reduction in local government aids from the State" 4) "The deteriorating quality of many rental homes in the city" 5) "Eminent domain rules and the impact on the city's opportunity site" 6) "The conversion to single family homes" 7) "Brookdale is underdeveloped" THE LESSONS LEARNED 1 "The council needs to work better as a team for the reater good of the city 9 9 Y 2) "The council needs more informal meetings and discussions to discuss issues, strategies, and how to better work together with the different personalities, etc." 3) "The council members need to act professionally and separate 'personal issues' from city issues" 4) "The council members need to compromise more on finding solutions to issues" 5) "The council members need to expand their outreach to other communities to learn what other cities are doing to address their problems" 6) "The city needs to work together with neighboring communities on proposed legislation" 10 Attachment C MOST SIGNIFICANT CHANGES THAT HAVE IMPACTED THE CITY OVER THE LAST FIVE YEARS MOST SIGNIFICANT 1) THE CITY'S CHANGING DEMOGRAPHICS THAT INCLUDE AN AGING POPULATION, AND INCREASED ETHNIC DIVERSITY 2) A DECREASE IN THE CITY'S TAX BASE FROM LOCAL BUSINESSES 3) A REDUCTION IN LOCAL GOVERNMENT AND FROM THE STATE 4) AN INCREASE IN THE CITY'S RENTAL HOUSING 5) A DECLINE IN CITIZEN SATISFACTION LEVELS AND AN INCREASE IN EXPECTATIONS 6) A DECLINE IN THE OVERALL MAINTENANCE OF THE CITY'S HOUSING STOCK SIGNIFICANT 7) A DECLINE IN THE SERVICES PROVIDED AT THE BROOKDALE PROPERTY 8) A DECLINE IN THE PROPERTY VALUE OF BROOKDALE 9) CHANGES IN ELECTED LOCAL OFFICIALS 10) CHANGES IN STAFF MOST SIGNIFICANTLY AT THE DEPARTMENT HEAD LEVEL 11 MOST SIGNIFICANT CHANGES EXPECTED TO IMPACT THE CITY IN THE LAST FIVE YEARS MOST SIGNIFICANT 1) THE REDEVELOPMENT OF THE CRACKER BARREL PROPERTY 2) CONTINUED DEMOGRAPHIC CHANGES THAT INCLUDE AN AGING POPULATION AND INCREASED DIVERSITY 3) THE IMPACT OF RECENT EMINENT DOMAIN LEGISLATION 4) THE REDEVELOPMENT OF THE OPPORTUNITY SITE PROPERTY 5) AN OVERALL DECLINE IN THE CITY'S COMMERCIAL BUSINESSES SIGNIFICANT 6) THE IMPACT OF FUTURE LOCAL GOVERNMENT AID LEGISLATION 7) CHANGES MADE A BROOKDALE 8) CHANGING VALUES OF COMMERCIAL PROPERTIES 9) INCREASES IN THE COST OF HEALTH CARE AND OTHER BENEFITS PROVIDED TO EMPLOYEES 10) INCREASED TRAFFIC DUE TO CHANGES IN HIGHWAY 252 AND THE COMPLETION OP HIGHWAY 610 12 ALSO SIGNIFICANT 11) AN INCREASING FOCUS ON WATER RELATED ISSUES 12) UPDATING THE CITY'S COMPREHENSIVE PLAN 13) THE IMPORT OF MANDATED HOMELAND SECURITY MEASURES 14) THE IMPACT OF HIRING A NEW ASSISTANT CITY MANAGER 15) INCREASING GASOLINE PRICES 16) THE IMPACT OF FUTURE NATIONAL, STATE, AND LOCAL ELECTIONS 17) CHANGING INTEREST RATES 13 Attachment D ISSUES AND OPPORTUNITIES AS EXPRESSED AS NEEDS of times Selected in the top 8 Current Council New Council HIGHEST PRIORITY City Manager RANK (4,4,1) 1) THE NEED TO POSITIVELY ADDRESS THE CITY'S CHANGING DEMOGRAPHICS AND INCREASED DIVERSITY (4,4,1) 2) THE NEED TO IMPROVE THE ENFORCEMENT OF CITY CODES (3,4,1) 3) THE NEED TO CONTINUE TO MAINTAIN AND TO UPGRADE (WHEN AND WHERE NECESSARY) THE CITY'S INFRASTRUCTURE (3,4,1) 4) THE NEED TO REDUCE THE CITY'S CRIME (4,3,1) 5) THE'NEED TO PROCEED WITH THE CITY'S REDEVELOPMENT THE CRACKER BARREL PROPERTY THE OPPORTUNITY SITE SUPPORT THE REDEVELOPMENT OF BROOKDALE (4,3,1) 6) THE NEED TO ENSURE THE CITY'S FINANCIAL STABILITY (2,4,) 7) THE NEED TO IMPROVE THE CITY'S HOUSING STOCK 14 RANK PRIORITY (2,2,1) 9) THE NEED TO INCREASE THE CITY'S INFLUENCE AT THE LEGISLATURE (2,2, 10) THE NEED TO STREAMLINE (WHERE POSSIBLE) AND STRIVE FOR INCREASED EFFECTIVENESS IN PROVIDING SERVICES (2,1, 11) THE NEED TO IMPROVE COMMUNICATION WITH CITIZENS (2,1, 12) THE NEED TO IMPROVE THE CITY'S WATER (STORM WATER RUN OFF, DRINKING, ETC) (0,2, 13) THE NEED TO IMPROVE THE CITY'S IMAGE (1,0,1) 14) THE NEED TO INCREASE COMMUNICATION AND COLLABORATION WITH OTHER GOVERNMENT UNITS AND AGENCIES 15 Attachment E THE PROPOSED GOALS PROGRAM 2006-2007 J HIGHEST PRIORITY GOAL 1 TO POSITVELY ADDRESS THE CITY'S CHANGING DEMOGRAPHICS AND INCREASED DIVERSITY GOAL 2 TO IMPROVE THE ENFORCEMENT OF CITY CODES GOAL 3 TO CONTINUE TO MAINTAIN AND UPGRADE (WHEN AND WHERE NECESSARY) THE CITY'S INFRASTRUCTURE GOAL 4 TO ENSURE A SAFE AND SECURE COMMUNITY BY REDUCING CRIME GOAL 5 TO AGGRESSIVELY PROCEED WITH THE CITY'S REDEVELOPMENT PLANS THE CRACKER BARREL PROPERTY THE OPPORTUNITY SITE SUPPORTING THE REDEVELOPMENT OF BROOKDALE GOAL 6 TO ENSURE THE CITY'S FINANCIAL STABILITY GOAL 7 TO IMPROVE THE CITY'S HOUSING STOCK GOAL 8 TO MAINTAIN OR LOWER PROPERTY TAXES 16 Attachment F ROLES AND RESPONSIBILITIES OF THE CITY COUNCIL MOST SIGNIFICANT 1) To provide leadership, direction, and long -range planning for the city 2) To determine policy for the city 3) To hire and monitor the performance of the city manager (to manage city operations) 4) To adopt an annual budget for the city 5 To represent the collective best interests of the city and the citizens of p Y the city 17 Attachment F (continued) ROLES AND RESPONSIBILITIES OF INDIVIDUAL COUNCIL MEMBERS MOST SIGNIFICANT 1) To represent the citizens and be accessible to them 2) To make leadership and policy decisions for the greater good of the city 3) To be prepared for, and participate in, council meetings 4) To act professionally and listen respectfully to other council members, staff, and citizens 5) To share information and communicate openly with the city manager and other council members 18 Attachment F (continued) ROLES AND RESPONSIBILITIES OF THE MAYOR MOST SIGNIFICANT 1) To conduct orderly and effective city council meetings 2) To represent the city at public functions 3) To facilitate discussions on agenda items and help resolve conflict among council members 4) To make advisory committee appointments 5) To sign the city's legal documents 6) To also function as a council member 19 Attachment F (continued) ROLES AND RESPONSIBILITIES OF THE CITY MANAGER MOST SIGNIFICANT 1) To prepare and provide information for the council, make policy recommendations based on the information, and implement adopted policies 2) To be a liaison between the council and staff 3) To provide leadership and foster a positive work environment for the city's employees 4) To develop and administer the city's annual budget 5) To appoint, develop, evaluate, and terminate (when necessary) city employees 20 Attachment F (continued) ROLES AND RESPONSIBILITIES OF THE DEPARTMENT HEADS MOST SIGNIFICANT 1) To provide leadership and goals for their departments 2) To manage the day -to -day operations of their departments 3) To prepare and administer the department's annual budget 4) To communicate and cooperate with other entities in the city 5) To keep the city manager and department staff informed 6) To provide training and development opportunities for department employees 7) To recommend 'new hires' to the city manager 21 Attachment F (continued) ROLES AND RESPONSIBILITIES OF ALL CITY EMPLOYEES MOST SIGNIFICANT 1) To have a positive attitude towards their job and when dealing with the public 2) To be team players 3) To be fiscally responsible 4) To be a positive representative and ambassador of the city 5) To have a strong work ethic 6) To be receptive to, and participate in, training and development opportunities 7) To be innovative problem solvers 22 Attachment F (continued) ROLES AND RESPONSIBILITIES OF THE CITIZENS MOST SIGNIFICANT 1) To vote in city elections 2) To provide fiscal support for city services and operations; i.e., to pay their taxes 3) To keep informed on issues that affect the city and to communicate their concerns to the city's elected officials and staff 4) To be involved in community affairs 5) To be positive contributors to the community 23 Attachment G THE BROOKLYN CENTER CITY COUNCIL 2006 GOAL SETTING RETREAT SUMMARY EVALUATION 1) The objectives of the session were: 5 0 4 3 2 1 Clear Vague 2) The organiz tion of the session was: 5 4 3 2 1 Excellent Poor 3) The ideas pr sented were: 5 4 3 2 1 T r Very Not Interesting Interesting i 4) The ability of the presenter to stimulate discussion was: 5 it 4 3 2 1 U IAL-)— Excellent Poor 5) My attendan a at this session was: 5 4 3 2 1 Very Waste Beneficial of Time 6) Overall, I co ider this session to have been: OYIV 5 4 3 2 1 Excellent Poor i 24 THE BROOKLYN CENTER CITY COUNCIL 2006 GOAL SETTING RETREAT PARTICIPANT COMMENTS 1) "Very valuable. Knowledgeable facilitator. Good time management. Excellent!" 2) "Hope to see this continue" 3) "The only difficulty was in terms of the broad scope and complexity of the issues" 4) "1 look forward to the second session to build upon the results of this session. Your skills have been very beneficial." 5) "1 disagree, measurable goals are crucial wherever possible. If you don't agree why this evaluation form? Without measurable goals everything is busy work." 25 EVALUATION FORM (Please circle your selection) 1) The objectives of the session were: 5 0 4 3 2 1 c Clear Vague 2) The organiz of the session was: 5 4 3 2 1 Excellent Poor 3) The ideas pr sented were: I Very 4 3 2 r Y Not Interesting Interesting 4) The ability of the presenter to stimulate discussion was: 5 0 4 3 2 1 Excellent Poor 5) My attendan •e at this session was: 5 4 3 2- Very Waste Beneficial of Time 6) Overall, 1 co ider this session to have been: 5 4 3 2 1 Excellent Poor 7) Comments: EVALUATION FORM (Please circle your selection) 1) The objectives of the session were: 5 4 3 2 1 lea Vague 2) The organization of the session was: 5 4 3 2 1 cell nt Poor 3) The ideas presented were: 5 4 3 2 1 Very Not I teres -i g Interesting 4) The a of the presenter to stimulate discussion was: 5 4 3 2 1 Ex Poor 5) My attendance at this session was: Cenefici. 4 3 2 1 Waste of Time 6) Overall, I consider this session to have been: 5 J 4 3 2 1 xcellent Poor 7) Comments: 4 v /V] EVALUATION FORM Please circle your selection) 1) The obje.cfl'�es of the session were: r 5 l� 4 1 3 2 1 Clear Vague 2) The organization of the session was: 5/ 1 4 3 2 1 Exc`;llent Poor 3) The ideas presented were: 5 3 2 1 Very Not Interesting Interesting 4) The ability of the presenter to stimulate discussion was: 5 4 3 2 1 Excellent Poor 5) My attendance at this session was: V r 4 3 2 1 5' ir'y Waste Beneficial of Time 6) Overall, I consider this session to have been: 4 3 2 1 Excellent Poor 7) Comments: If 10- z2 EVALUATION FORM (Please circle your selection) 1) The 7jitives of the session were: 4 3 2 1 l Clear Vague 3 2) he organ zation of the session was: 5 4 3 2 1 Excellent Poor 3) The ideas presented were: 5 4 3 2 Not Very Interesting Interesting s 4) jhe ability of the presenter to stimulate discussion was: 9 5 4 3 2 1 Excellent Poor 5) 1 My attendaiice at this session was: 1 it Very 4 3 2 Waste Beneficial of Time 6) Overall, consider this session to have been: 5 4 3 2 11 nt Poor xce 7) Comments: j- 0"('( o. 6 -r i �3 EVALUATION FORM Please circle your selection) 1) The objectives of the session were: 5 4 3 2 1 Clear Vague 2) The organization of the session was: C 5 4 3 2 1 Excellen Poor 3) The ideas presented were:. 4 3 2 1 Not ery I Interestin Interesting abilit of the presenter to stimulate discussion was: 4) The p 5 4 3 2 1 Excellent Poor 5) M ndance at this session was: 5 4 3 2 1 Vey Waste Benerf i cial of Time 6) Overall, 1 consider this session to have been: 4 3 2 oExcellent Poor 7) Comments: t EVALUATION FORM (Please circle your selection) 1) The objectives of the session were: 5 (T 3 2 1 Clear Vague 2) The organization of the session was: 5 3 2 4 1 Excellent Poor 3) The ideas presented were: 5 3 2 1 Very Not Interesting Interesting 4) The ability of the presenter to stimulate discussion was: 5 O4 3 2 1 Excellent Poor 5) My attendance at this session was: 5 1 3 2 1 Very Waste Beneficial of Time 6) Overall, I consider this session to have been: 5 4 3 2 1 Excellent Poor 7) Comments: EVALUATION FORM Please circle your selection) 1) The objectives of the session were: 5 4 3 2 1 lea Vague 2) The organization of the session was: 5 4 3 2 1 E celle t Poor 3) The ideas presented were: 4 �1) 4 3 2 Not Interesting Interesting 4) The ability of the presenter to stimulate discussion was: Al. 4 3 2 1 Excnt Poor. 5) My attendance at this session was: 4 3 2 1 Waste Beneficial of Time 6) Overall, I consider this session to have been: 5 q 3 2 1 Excellent Poor 7) Comments: EVALUATION FORM (Please circle your selection) 1) The objectives of the session were: 5 4 3 2 1 Clear Vague 2) The organization of the session was: 5 C 3 2 1 Excellent Poor 3) The ideas presented were: 5 4 3 2 1 Very Not Interesting Interesting 4) The ability of the presenter to stimulate discussion was: 5 3 2 1 4 Excellent Poor 5) My attendance at this session was: 5 4 3 2 1 Very Waste Beneficial of Time 6) Overall, I consider this session to have been: 5 4 3 2 1 Excellent Poor 7) Comments: EVALUATION FORM (Please circle your selection) 1) The objectives of the session were: 5 4 2 1 Clear Vague 2) The organization of the session was: 5 4 3 2 1 Excellent Poor 3) The ideas presented were: 5 4 3 2 1 Very Not Interesting Interesting 4) The ability of the presenter to stimulate discussion was: 5 4 2 1 3 Excellent Poor 5) My attendance at this session was: 5 4 3 1 2 1 Very Waste Beneficial of Time 6) Overall, I consider this session to have been: 5 4 3 2 1 Excellent Poor 7) Comments: