HomeMy WebLinkAbout2005 12-12 CCP Regular Session Public Copy
AGENDA
CITY COUNCIL STUDY SESSION
December 12 2005
6:00 P.M.
City Council Chambers
1. Adjourn Study Session to Closed Session in All America Room, City Hall, to Discuss
Pending Litigation Regarding Brookdale Square: Bradley Operating Limited Partnership v.
City of Brooklyn Center
2. Reconvene Study Session Following Closed Session
3. City ouncil Discussion o
y f Questions
Agenda Items and
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4. Discussion of Work Session Agenda Items as Time Permits
5. Miscellaneous
6. Adjourn
CITY COUNCIL MEETING
City of Brooklyn Center
December 12, 2005 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.
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. November 21, 2005 Budget Work Session with Financial Commission
2. November 28, 2005 Study Session
3. November 28 2005 Regular Session
4. November 28, 2005 Work Session
5. December 5, 2005 Truth In Taxation Budget Hearing
b. Licenses
C. Application and Permit for a Temporary On -Sale Liquor License Submitted by St.
Alphonsus Parish, 7025 Halifax Avenue North, for an Event to be Held February 11,
2006
CITY COUNCIL AGENDA -2- December 12, 2005
d. Resolution Accepting Work Performed and Authorizing Final Payment,
Improvement Project No. 2005 -15, Contract 2005 -H, Elevated Storage Tank No. 3
Cleaning
8. Public Hearing Items
a. Conduit Issue of Bonds for Presbyterian Homes
1. Resolution Authorizing the Issuance and Sale of the $127,500 Subordinate
Health Care Revenue Note of 2005
(Center Park Senior Apartments, Inc. Project)
2. Resolution Authorizing the Issuance and Sale of the $1,192,500 Health Care
Revenue Note of 2005
(Center Park Senior Apartments, Inc. Project)
3. Resolution Authorizing the Issuance and Sale of the $955,000 Subordinate
Health Care Revenue Note of 2005
(Maranatha Conservative Baptist Home, Inc. Project)
4. Resolution Authorizing the Issuance and Sale of the $2,870,000 Health Care
Revenue Note of 2005
(Maranatha Conservative Baptist Home, Inc. Project)
-Requested Council Action:
—Open the Public Hearing.
—Take public input.
—Close the Public Hearing.
Motion to adopt resolutions.
b. 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 November 14, 2005; published in the official newspaper
on November 24, 2005; and is offered this evening for second reading and Public
Hearing.
-Requested Council Action:
—Open the Public Hearing.
—Take public input.
Motion to table ordinance.
CITY COUNCIL AGENDA -3- December 12, 2005
C. Considering the Proposed 2006 -2010 Capital Improvement Program
Requested Council Action:
—Open the Public Hearing.
—Take public input.
—Close the Public Hearing.
1. Resolution Adopting Capital Improvement Program
Requested Council Action:
Motion to adopt resolution.
d. Consideration of 2006 Budget
Requested Council Action:
—Open the Public Hearing.
—Take public input.
—Close the Public Hearing.
1. Resolution Approving a Final Tax Capacity Levy for the General Fund and
Debt Service Funds and a Market Value Tax Levy for the Housing and
Redevelopment Authority for 2006
-Requested Council Action:
Motion to adopt resolution.
2. Resolution Establishing a Final Market Value Levy for the Purpose of
Defraying the Cost of Operation, Providing Informational Services and
Relocation Assistance Pursuant to the Provisions of Minnesota Statutes
Chapter 469.033 for the City of Brooklyn Center Housing and
Redevelopment Authority for Fiscal Year 2006
Requested Council Action:
Motion to adopt resolution.
3. Resolution Adopting the 2006 General Fund Budget
Requested Council Action:
Motion to adopt resolution.
4. Resolution Adopting the 2006 Special Revenue Fund Budgets
Requested Council Action:
Motion to adopt resolution.
5. Resolution Adopting the 2006 Debt Service Fund Budgets
Requested Council Action:
Motion to adopt resolution.
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CITY COUNCIL AGENDA 4- December 12, 2005
6. Resolution Adopting the 2006 Capital Project Fund Budgets
Requested Council Action:
Motion to adopt resolution.
7. Resolution Adopting the 2006 Enterprise Fund Budgets
Requested Council Action:
Motion to adopt resolution.
8. Resolution Adopting the 2006 Public Utility Fund Budgets
Requested Council Action:
Motion to adopt resolution.
9. Resolution Adopting the 2006 Internal Service Fund Budgets
-Requested Council Action:
Motion to adopt resolution.
9. Council Consideration Items
a. Resolution Authorizing the Execution of Agreement for the 2005 Edward Byrne
Memorial Justice Assistance Grant
Requested Council Action:
Motion to adopt resolution.
b. Resolution Authorizing the Execution of Contracts with Qwest Corporation for
Primary Rate Isdn (Pri) Services at City Hall and Police Buildings and the
Termination of Qwest Contracts and Services No Longer Needed
Requested Council Action:
Motion to adopt resolution.
C. Resolution Authorizing Storm Clean-Up and Repair Cost Funding and Finalizing
Expenditure Authorization
Requested Council Action:
Motion to adopt resolution.
d. Discussion of Mailing for January 25, 2006, Opportunity Site Open House
Requested Council Action:
Direction on mailing.
e. Resolution Transferring General Fund Balance for Capital Purposes
Requested Council Action:
Motion to adopt resolution.
10. Adjournment
City Council Agenda Item No. 7a
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
JOINT WORK SESSION WITH FINANCIAL COMMISSION
NOVEMBER 21, 2005
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Work Session with the Financial Commission at City
Hall and was called to order by City Manager Michael McCauley at 6:30 p.m.
ROLL CALL
Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also
present: City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt
Boganey, Director of Public Works Todd Blomstrom, and Director of Fiscal and Support
Services Daniel Jordet. Mayor Myrna Kragness was absent and excused.
Financial Commission Members present were Commission Chair Donn Escher and
Commissioners Robert Anderson, Robert Paulson (arrived at 6:40 p.m. and left at 7:40 p.m.),
Susan Shogren Smith, and Earl Simons. Commissioner Mark Nemec was absent and excused.
Commissioner Samuel Tweah was absent and unexcused.
UTILITY STUDY PRESENTATION
City Manager Michael McCauley introduced Naeem Qureshi, P.E. and Brian Zinnel from
Progressive Consulting Engineers, Inc. and stated they will present a Utility Study.
Mr. Qureshi introduced himself and discussed the analysis of utility billing. He recommended
that the City change the billing method to increase profits.
Mr. Zinnel presented a PowerPoint Presentation, outlining the following information:
Historic and Projected Water and Sewer and Operating Maintenance Expenses
Capital Improvement Plan for Water and Sewer Account
Water and Sewer Revenues and Expenses: Current Charges
Water and Sewer Account Cash Balance: Current Charges
Current Water and Sewer Charge Structure
Total Revenue Requirement
Proposed Water and Sewer Charges
Residential and Commercial Quarterly Water Charges for 2007: Current Charges vs.
Proposed Charges
Water and Sewer Account Cash Balance: Current Charges vs. Proposed Charges.
is Staff, Councilmembers, and the Financial Commission discussed the information presented.
11/21/2005 -1- DRAFT
UTILITY RATES AND BUDGETS
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a. Water
b. Sanitary Sewer
Mr. McCauley stated a proposed increase of 4% to the Water and Sanitary Sewer Rates, which is
less than the projected increase of 5
c. Stormwater
Mr. McCauley stated the Storm Water Utility Rates are being studied to ensure maintenance of
storm water retention ponds.
d. Recycling
Mr. McCauley stated a proposed 5% increase in the Recycling Rates
e. Street Light Utility
Mr. McCauley stated a proposed 3% increase in Street Light Utility Rates. He summarized the
increase by stating the average total annual increase per household will be $13.55 and $9.21 for
seniors.
Staff Councilmembers, he t Utility Rates and ers, d t Financial Commission discussed he Ut i y a es Budgets.
g
EARLE BROWN HERITAGE CENTER
Mr. McCauley stated the Earle Brown Heritage Center fund is on track and on budget for 2006
and continues to meet goals.
Staff, Councilmembers, and the Financial Commission discussed the Earle Brown Heritage
Center Budget.
LIQUOR STORES
Mr. McCauley stated projection of a lower budget than 2005 due to decreased sales. He
explained that the 2005 actual sales are an increase from 2004. He stated short term
requirements will be met, however considering long term, if profits do not increase, the store is
not worth keeping open.
Staff, Councilmembers, and the Financial Commission discussed the Liquor Stores Budget.
CENTERBROOK GOLF COURSE
Mr. McCauley discussed the 2006 plans for Centerbrook Golf Course and stated the City has
been successful covering operations due to the warm weather.
Staff, Councilmembers, and the Financial Committee discussed the Centerbrook Golf Course
budget.
11/21/2005 -2- DRAFT
CAPITAL IMPROVEMENT PLAN
Mr. McCauley stated there are two ro' ects in 2008 that may exceed fiscal capacity; therefore,
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the budget shown is a 2008 primary.
Director of Public Works /City Engineer Todd Blomstrom discussed the Capital Improvement
Program.
Staff, Councilmembers, and the Financial Commission discussed the Capital Improvement Plan.
TECHNOLOGY FUND
Mr. McCauley stated funding for the Fiber Installation from City Hall to Police, Public Works
Garage, and Earle Brown Heritage Center will come from the Technology Fund, as a General
Fund transfer and out of the Fund Balance.
Staff, Councilmembers, and the Financial Commission discussed needed technological upgrades.
REPORT ON ASSESSING
Mr. McCauley explained the preliminary cost review of Hennepin County Assessing and the
terms set forth by Hennepin County. He stated presently, the City has the Staff to perform the
required duties. He explained that if the City did not have someone qualified as an assessor, the
County would assume the responsibility.
Staff, Councilmembers, and the Financial Commission discussed the Report on Assessing.
Councilmember Niesen indicated that she was not interested in doing anything with regard to
changing assessing in 2006 and stated she wanted to further study the materials that were
prepared and may wish to review it further in the future. Councilmember O'Connor stated that
she was not interested in having the County undertake the assessing functions. The consensus of
the Council was to not pursue having Hennepin County take over the assessing functions.
GENERAL FUND UPDATE
Mr. McCauley explained the Preliminary Property Tax Levy. He explained that the funding for
Police Dispatch in 2006 has been reduced to balance the budget. He stated that originally the full
annual cost of dispatch was budgeted as a form of contingency. He stated in the current budget
draft, some of the savings of converting to Hennepin County Dispatch has been incorporated in
the budget.
Staff, Councilmembers, and the Financial Commission discussed the activities of the General
Fund.
Councilmember Niesen stated salaries should be reviewed next year to insure that the City is not
paying beyond its means.
11/21/2005 -3- DRAFT
ADJOURNMENT
The meeting was adjourned at 10:00 p.m.
City Clerk Mayor
i
11/21/2005 -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
STUDY SESSION
NOVEMBER 28, 2005
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study Session and was called to order by Mayor
Myrna Kragness at 6:00 p.m.
ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen,
and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City
Manager /Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd
Blomstrom, Community Development Director Brad Hoffman, and Deputy City Clerk Camille
Yungerberg.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Niesen stated she will request that Consent Agenda Item 7d. Resolution
Amending the 2005 Central Garage Budget to Provide for the Early Order /Purchase of Five 2006
Ford Crown Victoria Police Patrol Vehicles be removed from the Consent Agenda in order to
request clarification on what the resolution is amending.
City Manager Director Michael McCauley explained that the vehicles will be ordered in 2005,
however still expended in 2006. He stated the proposed resolution is requesting authorization of
the early order of the vehicles with funds not being dispersed until 2006. He explained that the
City has previously ordered some equipment at the end of year rather than the beginning of the
year to insure the lower price and early 2006 delivery. He further explained that if the new squad
cars are received early, the old squad cars can be entered into the spring auction and will
generate a higher resale value.
Councilmember Carmody inquired about item 9a. Planning Commission Application No. 2005-
017. She referenced the following excerpt on page 2 of the November 17, 2005 Planning
Commission Meeting Minutes and asked Mr. McCauley to explain how it works: Cross access
through the lots will exist and should be memorialized through an appropriate agreement.
Mr. McCauley explained that when all the necessary documents are filed, a cross access
easement will be filed with the record of real estate which allows them to cross over the other
property.
Councilmember Carmody stated her request to change the following of the November 14, 2005,
e City Council /Economic Development Authority Work Session Meeting Minutes:
Councilmember /Commissioner Lasman stated a special meeting should not be scheduled
11/28/05 -1- DRAFT
1
for delinquent license holders. It was the consensus of the Citv Council that license
holders be held to the schedule for renewals and there would be no special meetine.
Councilmember
O'Connor inquired about the dividing of the lot and if the building would be
divided down the middle.
Mr. McCauley explained that the lot will be divided down the middle of the parking lot, not the
building.
Councilmember Niesen stated the following change to the minutes of the October 24, 2005,
Regular Session City Council paragraph 5 of page 7:
Councilmember Niesen said the Northwest Suburbs Cable Communications Commission
does a great job and had volunteered to learn how to operate a camera for some shows
during the holiday season, and it is a learning experience and offers communications
skills. She also stated agrees that local control over cable access promotes and supports
freedom of speech.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
PLANNING COMMISSION RECOMMENDATION ON LIMITING THE NUMBER OF
CARS IN RESIDENTIAL AREAS
City Manager /Executive Director Michael McCauley asked the Council if they would like Staff
to prepare for the first reading and introduction of an ordinance that would limit the number of
cars in residential properties to six.
Planning Commission Chair Tim Willson explained that the Planning and Zoning Commission
has reviewed the number of cars in residential areas per Council request and has concluded that
with the proposed resolution, the ordinance is sound; however stricter code enforcement and
Staff attention is needed. He stated Mr. Dahn attended all meetings discussing this issue and is in
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favor of the proposed resolution.
Mayor /President Kragness asked if code enforcement is the reason the number of cars now needs
to be restricted. Mr. Willson responded an analysis was done that showed enforcement
inadequate, however limiting the number is still appropriate at this time. He explained that the
current Ordinance does not limit the number of vehicles; rather it refers to square footage.
Mr. McCauley explained that this is similar to lot coverage in commercial zoning where height
and activity is regulated. He stated the proposed resolution would limit the number of vehicles
parked in the front yards of R1 zoning districts.
Councilmember /Commissioner O'Connor inquired about the restriction of R2 and R3 zonings.
Mr. Willson responded this restriction would apply to R1 zoning. He explained that with R2
zoning, primarily duplexes, each home would be allowed six vehicles. When questioned further
about different types of duplexes, he stated he is unsure of the effects on the restriction of R2 and
R3 zonings. Mr. McCauley stated the Planning Commission discussed the restriction of R1
zoning only.
11/28/05 -2- DRAFT
Councilmember /Commissioner Carmody inquired about the minutes of the October 13, 2005,
Planning Commission Meeting regarding the 4 -2 vote that changed to a unanimous vote at the
November 17, 2005, meeting. Mr. Willson responded by explaining that the Planning
Commission came to a consensus after working on the issue.
Councilmember /Commissioner Lasman stated the resolution will address and ease concerns
regarding the number of cars parked in residential areas. She inquired about larger vehicles and
how they will differ in the number of vehicles allowed. Mr. Willson responded by explaining
there are other ordinances that deal with weight restrictions, addressing campers and larger
vehicles.
Councilmember /Commissioner Niesen stated opposition to the proposed. She stated she has not
heard any complaints regarding the number of vehicles in residential areas and she is concerned
over too much imposition on personal property rights. She suggested the matter be addressed by
referendum for the citizens to decide and stated concern that residents will feel less welcomed.
She stated listening to the Housing Commission; she has not received this concern and therefore
will vote against the resolution.
Councilmember /Commissioner O'Connor agreed with Councilmember /Commissioner Niesen.
Councilmember /Commissioner Niesen requested that the item be postponed until January 2006,
allowing her time to gather information on the matter. Councilmember /Commissioner O'Connor
stated she would like it postponed as well.
Councilmember /Commissioner Lasman expressed surprise that Councilmember /Commissioner
Niesen has not received complaints on this issue, for this matter is the largest complaint she
receives.
Councilmember /Commissioner Niesen asked how many residents spoke on the matter at the
Planning Commission Meeting. Mr. Willson responded and stated not many spoke, however the
Planning Commission generally does not have a large amount of attendees. He explained that a
number of the Planning Commission Members spoke to their neighbors, receiving support for the
resolution.
REVIEW OF OPPORTUNITY SITE
Mr. McCauley stated the intent on December 12, 2005, to have a Staff recommendation with
respect to the Brookdale Ford situation. He stated in the beginning of 2004 discussions began
regarding concepts developed by Brookdale Ford to relocate their business. He stated in July
2004 it was again discussed with the City Council. He stated in December 2004 the EDA
adopted a resolution authorizing potential acquisition by negotiation of eminent domain of
Brookdale Square and Brookdale Ford. He explained that the City met with Mr. Grossman, the
owner of Brookdale Ford last week where he stated concern for the uncertainty of the situation.
Mr. McCauley stated the City anticipated when the Council adopted the resolution in December
2004 that there would not be any issues with respect to survival of Mr. Grossman's business. He
stated the intention is to make a recommendation to the EDA on December 12, 2005, where an
S update on the Brookdale Square project will also be provided.
Mayor /President Kragness stated Mr. Grossman is requesting an individual meeting with each
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Councilmember. She cautioned the Councilmembers against such a meeting due to previous
experiences where the Council was approached for individual meetings rather than the Council
receiving the information as a group.
Mr. McCauley stated the City has the authorization to commence eminent domain with both
properties; however legal proceedings have not begun. He stated the City concurs that it is not
acceptable to have this situation unresolved. He stated the intent on December 12, 2005, is to
make a recommendation to the EDA to resolve the uncertainty.
COUNCILMEMBER NIESEN: COUNCIL APPROVAL OF MAILING FOR JANUARY
OPPORTUNITY SITE OPEN HOUSE
Mr. McCauley stated the anticipated mailing date is the beginning of January, to insure delivery
prior to January 25, 2006.
Councilmember /Commissioner Niesen stated she would like the City Council to review the text
before it is mailed.
Mr. Willson stated there was a strong debate with the Opportunity Site Task Force on the
particulars of the mailing. He expressed his personal opinion that a full brochure be mailed due
to the importance of the matter.
Councilmember /Commissioner Carmody stated disagreement with investing a large amount of
money in the mailing. Councilmember /Commissioner Lasman stated she favored the proposed
large postcard instead of the multi -page document.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Mayor /President Kragness closed the Study Session to open the Informal Open Forum at 6:45
p.m.
RECONVENE STUDY SESSION
The Study Session reconvened at 6:46 p.m.
Mr. McCauley explained that if the City Council would like to review the mailing, it should be
brought for review at the December 12, 2005, meeting so that reviewing and editing are
completed by January 12, 2006.
Councilmember /Commissioner Niesen suggested using the cable channel scrolling marquee for
further advertisement.
MISCELLANEOUS
There were no miscellaneous items discussed.
11/28/05 -4- DRAFT
ADJOURNMENT
Councilmember /Commissioner Carmody moved and Councilmember /Commissioner Lasman
seconded adjournment of the Study Session at 6:52 p.m.
Motion passed unanimously.
City Clerk Mayor
11/28/05 -5- 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 28, 2005
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 and was 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 Michael McCauley,
Assistant City Manager /Director of Operations Curt Boganey, Director of Public
Works /City Engineer Todd Blomstrom, Community Development Director Brad
Hoffman, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Yungerberg.
Mayor Kragness opened the meeting for the purpose of Informal Open Forum.
No one wished to address the Council.
Informal Open Forum closed at 6:46 p.m.
2. INVOCATION
Mayor Kragness offered a moment of silence for 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.
4. ROLL CALL
Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane
Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley,
Assistant City Manager Curt Boganey, Director of Public Works /City Engineer Todd
Blomstrom, Community Development Director Brad Hoffman, City Attorney Charlie
LeFevere, and Deputy City Clerk Camille Yungerberg.
11/28/05 -1- DRAFT
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember Niesen stated she attended the Budget Work Session with the Financial
Commission.
Councilmember Carmody stated on November 17, 2005, she attended the League of
Minnesota Cities Regional Meeting and an AMM Annual Meeting where transportation
and transit funding nd the Constitutional Amendment regarding transportation and
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transit funding were discussed. She stated examples of insurance claims of local cities
and the cost of such, along with a video on individual verses council authority were
presented. She stated the next morning she visited the Twin Lake Chamber of Commerce
to listen to two speakers. She stated she also attended the Budget Work Session with the
Financial Commission.
Councilmember Lasman stated Novembe r 15 n she attended the Park and
o 20 O5,
Recreation Commission Meeting where it was indicated that the Adopt -A- Garden
program is supported and all gardens will be adopted. She stated discussion regarding
park shelter program fees for residents verses non residents was held. She stated on
November 16, 2005, she attended a crime prevention meeting. She stated the Police
Department will be hosting Community Meetings in February to give residents the
opportunity to discuss concerns with the Police Department. She stated on November 16,
2005, she attended the Block Watch Captains Award Meeting. She stated on November
21, 2005, she attended the Budget Work Session with the Financial Commission. She
discussed the Holly Sunday that will be held on December 4, 2005, in the Community
Center.
Councilmember O'Connor stated she attended the Housing Commission Meeting where
Police Chief Bechthold spoke. She stated she also attended the Northwest Suburbs Cable
Communications Commission and returned with materials to share. She stated on
November 21, 2005, she attended the Budget Work Session with the Financial
Commission. She stated she attended the League of Minnesota Cities meeting on
transportation and will provide copies of the information collected.
p p p
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Lasman requested removal of Item No. 7d Resolution Amending The
2005 Central Garage Budget to Provide for the Early Order/Purchase of Five 2006 Ford
Crown Victoria Police Patrol Vehicles from the Consent Agenda.
Councilmember Lasman moved and Councilmember Carmody seconded to approve the
consent agenda and agenda as amended, with the removal of Item No. 7d
from the Consent Agenda to Council Consideration Item No. l Oc.
11/28/05 -2- DRAFT
The following consent items were approved:
7a. APPROVAL OF MINUTES
1. October 24, 2005 Regular Session
2. November 14, 2005 Executive Session
3. November 14, 2005 Study Session
4. November 14, 2005 Regular Session
5. November 14, 2005 Work Session
7b. LICENSES
CHRISTMAS TREE SALES LOT
Malmborg's, Inc. 5120 N Lilac Drive
MECHANICAL
Expert Air and Heating 107 West Central Street, Lonsdale
7c. RESOLUTION ACCEPTING WORK PERFORMED AND
AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT
NO. 2005 -11, CONTRACT 2005 -F, FREEWAY BOULEVARD
BRIDGE DECK REHABILITATION, BRIDGE NO. 27581
RESOLUTION NO. 2005-169
Motion passed unanimously.
8. PUBLIC HEARING
8a. CONSIDERATION OF RENEWAL APPLICATION FOR A CURRENCY
EXCHANGE LICENSE SUBMITTED BY MONEY CENTERS
HOLDINGS LLC, 6219 BROOKLYN BOULEVARD
RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY
EXCHANGE LICENSE TO MONEY CENTERS HOLDINGS LLC, 6219
BROOKLYN BOULEVARD, BROOKLYN CENTER, MINNESOTA
RESOLUTION NO. 2005-170
City Manager Michael McCauley explained that the establishment has been licensed for
several years and the State of Minnesota requires a public hearing for the approval of the
license. He stated there have been no problems with the license.
Councilmember Lasman moved and Councilmember Carmody seconded to open the
Public Hearing.
Motion passed unanimously.
s
11/28/05 -3- DRAFT
No public input was offered.
Councilmember Carmody moved and Councilmember Lasman seconded to close the
Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Carmody seconded adoption of
RESOLUTION NO. 2005 -170 Authorizing Issuance of a Currency Exchange License to
Money Centers Holdings LLC, 6219 Brooklyn Boulevard, Brooklyn Center, Minnesota.
Councilmember O'Connor asked why a Public Hearing is required.
Mr. McCauley stated the State of Minnesota issues the license and therefore requires a
Public Hearing. He stated the City Council has the potential to deny the license, however
the establishment has been operating with fewer calls to the Police Department than most
banks. After being questioned regarding the number of police calls, Mr. McCauley
explained that he only mentioned the number of police calls to show there have been no
problems. He further explained that this operation actually catches fraud incidents and
informs the authorities, which is seen as a positive call to the Police Department. He
stated the number of calls to the Police is only reviewed because they hold a license.
Motion passed unanimously.
9. PLANNING COMMISSION ITEM
9a. PLANNING COMMISSION APPLICATION NO. 2005 -017 SUBMITTED
BY INDUSTRIAL FUND I, LLC. REQUEST FOR PRELIMINARY PLAT
APPROVAL TO DIVIDE THE PROPERTY LOCATED AT THE
NORTHEAST CORNER OF FREEWAY BOULEVARD AND JAMES
AVENUE NORTH (1600 -1700 FREEWAY BOULEVARD) INTO TWO
LOTS. THE PLANNING COMMISSION RECOMMENDED APPROVAL
OF THIS APPLICATION AT ITS NOVEMBER 17, 2005, MEETING.
City Manager Michael McCauley explained that currently there are two separately
addressed commercial warehouse type properties that have two distinct owners, who wish
to separate by platting and subdividing into two lots. He stated the Planning Commission
has reviewed and recommends approval. He explained that the proposal does not change
anything other than allowing two owners to have separate parcels with appropriate cross
access easements, to use for maintenance and operation.
Councilmember Niesen asked if the request is strictly a matter of legality.
Planning and Zoning Specialist Ron Warren stated the subdivision ordinance stated the
platting process is required for all subdivisions. He stated this proposal meets all
minimum requirements, and cross access agreements will allow them access from one
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property to another. He stated there would be no disadvantages to the City, if approved.
He also stated separate sewer services will be required if not already in place.
Mr. Johnson, Applicant Attorney stated their Engineer is 90% certain that the sewer
system is separated and if not, it will be separated at the owner's expense.
Councilmember Carmody asked how the cross accesses will work.
Mr. Warren stated an agreement would be in place that would allow cross access between
the two properties. He stated the necessary agreement will be reviewed by the City
Attorney before it is brought to City Council for final approval. He stated the cross access
document would be filed with the title of both properties.
Councilmember Lasman moved and Councilmember Carmody seconded to approve
Planning Commission Application No. 2005 -017 Submitted By Industrial Fund I, LLC.
Request For Preliminary Plat Approval to Divide the Property Located at the Northeast
Corner of Freeway Boulevard and James Avenue North (1600 -1700 Freeway Boulevard)
Into Two Lots subject to the following conditions recommended by the Planning
Commission:
1. The final plat is subject to review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City
Ordinances.
3. Ten foot wide drainage and utility easements shall be indicated around the
perimeter of the properties as recommended by the City Engineer.
4. Appropriate cross access agreements, in a manner approved by the City
Attorney, shall be executed and filed with the final plat.
Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. 2006 CITY COUNCIL MEETING SCHEDULE
Mr. McCauley stated the meeting schedule proposed for 2006 continues to have Regular
City Council Meetings on the second and fourth Mondays of each month. He stated in
2006, there are no Monday holidays that would conflict. He mentioned the other
meetings on the schedule.
Councilmember Carmody moved and Councilmember Lasman seconded to adopt the
2006 City Council Meeting Schedule.
Councilmember Lasman inquired about a possible joint meeting with the Commission
Chairs whereas liaisons were going to poll their commissions about interest in meetings.
Mr. McCauley responded the schedule would be amended once those meetings are
scheduled.
11/28/05 -5- DRAFT
Motion passed unanimously.
10b. 2006 UTILITY, STREET LIGHT, AND RECYCLING RATES
Mr. McCauley explained that the Utility Rates have been reviewed and the proposal
would increase Water and Sanitary Sewer by 4% with no increase to the Stormwater
Utility Rates until a study is completed in 2006. He stated the Street Light Utility Rate is
proposed to increase by 3 in order to continue operations and to provide some of the
funding associated with the replacement of streetlights, especially in connection with the
neighborhood projects. He stated the City is reviewing the Sanitary Sewer and Water
Utility Rates and anticipate additional discussions in 2006. He stated the proposed 4%
increases are designed to assist in funding the replacement of Sanitary Sewer and Water
Utility lines in connection with the neighborhood street reconstruction projects, as well as
the capital maintenance of the major components of the two utilities, and the operation of
those two funds.
Councilmember O'Connor stated budget cuts should be made throughout the City, such
as selling the Community Center, rather than raising taxes and fees.
1. RESOLUTION ADOPTING 2006 SEWER UTILITY RATES,
FEES AND CHARGES RESOLUTION NO. 2005 -171
Councilmember Lasman moved and Councilmember Carmody seconded adoption of
RESOLUTION NO. 2005- 171 Adopting 2006 Sewer Utility Rates, Fees and Charges.
Councilmember O'Connor voted against the same. Motion passed.
2. RESOLUTION ADOPTING 2006 WATER UTILITY RATES,
FEES AND CHARGES RESOLUTION NO. 2005-172
Councilmember Carmody moved and Councilmember Lasman seconded adoption of
RESOLUTION NO. 2005 -172 Adopting 2006 Water Utility Rates, Fees and Charges.
Councilmember O'Connor voted against the same. Motion passed.
3. RESOLUTION ADOPTING 2006 STREET LIGHT RATES
AND CHARGES RESOLUTION NO. 2005 -173
Councilmember Carmody moved and Councilmember Lasman seconded adoption of
RESOLUTION NO. 2005 -173 Adopting 2006 Street Light Rates and Charges.
Councilmember O'Connor voted against the same. Motion passed.
4. RESOLUTION ADOPTING 2006 RECYCLING RATES
11/28/05 -6- DRAFT
RESOLUTION NO. 2005-174
Councilmember Lasman moved and Councilmember Carmody seconded adoption of
RESOLUTION NO. 2005 -174 Adopting 2006 Recycling Rates.
Councilmember Niesen explained that, although tax increases are not pleasant, there are
other factors involved such as County and School District taxes. She stated the increases
are minimal and the City did a good job explaining the reasons for the increases. She
stated the City Council will continue to look for ways to keep taxes affordable.
Mayor Kragness stated Mr. McCauley and Staff do an excellent job of cost savings and
departments have historically come in under budget. She stated she does not think it is
appropriate for comments to be made about Staff not doing a good job of budgeting and
would like to thank City Staff for a job well done.
Councilmember O'Connor voted against the same. Motion passed.
10c. (FORMERLY CONSENT AGENDA ITEM NO. 7D.) RESOLUTION
AMENDING THE 2005 CENTRAL GARAGE BUDGET TO PROVIDE
FOR THE EARLY ORDERIPURCHASE OF FIVE 2006 FORD CROWN
VICTORIA POLICE PATROL VEHICLES RESOLUTION NO. 2005 -175
Councilmember O'Connor stated concern for the cost of government and taxes. She
stated the City should wait until the end of next year to purchase the police vehicles.
Mayor Kragness clarified that the budget is staying the same and only the order for the
vehicles is being placed early. She also stated funds will be returned to the budget from
the auction of the former police vehicles.
Councilmember Carmody moved, Councilmember Niesen seconded Adoption of
RESOLUTION NO. 2005 -175 Amending the 2005 Central Garage Budget to Provide For
the Early Order /Purchase of Five 2006 Ford Crown Victoria Police Patrol Vehicles.
Councilmember Niesen stated the language of the Resolution is unclear.
Mr. McCauley explained that the City is seeking earlier 2006 delivery of the vehicles. He
stated the earlier the existing cars are sold, the greater the salvageable value and less that
is spent on repairs.
Councilmember O'Connor voted against the same. Motion passed.
11. ADJOURNMENT
11/28/05 -7- DRAFT
Councilmember Carmody moved and Councilmember Lasman seconded adjournment of e
the City Council meeting at 7:39 p.m.
Motion passed unanimously.
I
City Clerk Mayor
I
I
I
11/28/05 -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 28, 2005
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council /Economic Development Authority met in Work Session and
was called to order by Mayor/President Myrna Kragness at 7:39 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 /Executive
Director Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, and
Deputy City Clerk Camille Yungerberg.
COUNCIL MEMBER NIESEN: DECISION MAKING FLOWCHART /CHECKLIST
Councilmember /Commissioner Niesen explained that the goal of the City Council should be to
approach decision making with an overall framework. She stated the debating of facts should be
reduced, rather shift the debate to opinions. She stated by using her checklist nothing will be
overlooked. She stated concern that decisions with large financial impacts are rushed and
suggested that items with impact greater than 1% of the General Fund Budget be reviewed by the
City Council twice, unless it is an emergency. She explained the following steps on the Decision
Making Flowchart/Checklist:
1. Categorize issue /opportunity
2. ID issue stakeholders
3. ID resources requested /needed
4. List benefits /drawbacks
5. ID significant risks
6. Weight items from #4 and #5
7. ID all potential people/businesses /groups, etc. that could be impacted
8. ID key questions /issues /decisions to be addressed as members see them.
9. Reference timeline guideline (to be created)
10. After being presented facts per adopted timeline guidelines, come prepared to discuss
the facts and debate merits of item based on members' opinions and values.
11. VOTE
Councilmember /Commissioner Carmody inquired of the dollar amount equal to 1% of the
General Fund Budget. Mr. McCauley responded $130,000 $140,000.
11
11/28/05 -1- DRAFT
Councilmember /Commissioner Carmody asked what decisions are included in this checklist.
Councilmember /Commissioner Niesen responded the Council has been asked to spend more than
expected on items, warranting two meetings, one to gather facts and one to investigate the
situation. She stated she would like facts and sources of information with each item. After much
discussion she stated she would be following this checklist and will report back to the Council on
the progress. Councilmember /Commissioner Carmody responded in opposition to the checklist
due to emergency situations. She stated the Councilmembers have different values and opinions,
therefore this would not work.
Mayor /President Kragness explained that the City Manager can authorize purchases under
$50,000 that fit into the budget, without the approval of the City Council.
Councilmember /Commissioner Lasman stated Mr. McCauley does not bring something forward
as last minute, unless necessary. Mr. McCauley responded by pointing out that if a
Councilmember is not comfortable with an item, the item can be tabled for further review.
Councilmember /Commissioner Niesen stated she would like to see the Council give the same
amount of time and consideration to items of a certain magnitude.
MISCELLANEOUS
Councilmember /Commissioner Niesen stated she would like to finalize the City Manager's
review by December 31, 2005. Mayor/President Kragness responded it would be a good idea to
finalize the review in January 2006.
Councilmember /Commissioner O'Connor stated she would like to discuss the hourly pay and
step increases for the City's employees. Mr. McCauley responded he would prepare information
on employee's salaries and report back to the Council.
ADJOURNMENT
Councilmember /Commissioner Carmody moved and Councilmember /Commissioner Lasman
seconded adjournment of the City Council /Economic Development Authority Work Session at
8:17 p.m.
Motion passed unanimously.
City Clerk Mayor /President
s
11/28/05 -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
TRUTH IN TAXATION BUDGET HEARING
DECEMBER 5, 2005
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met for the Truth in Taxation Budget Hearing and was called to
order by Mayor Myrna Kragness at 7:00 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Mary O'Connor.
Also present: City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt
Boganey, Fiscal and Support Services Director Dan Jordet, and Deputy City Clerk Camille
Yungerberg. Councilmember Diane Niesen was absent and excused.
PRESENTATION ON PROPOSED GENERAL FUND TAX LEVY AND GENERAL
FUND BUDGET
City Manager Michael McCauley explained the purpose of this meeting was to discuss the increase
in property taxes and the purposes for which taxes were being raised and to provide the public an
opportunity to give input on the proposed budget, ask questions, and receive answers on the
proposed budget and levy. By State Law, the City Council may not take action to adopt the budget at
a meeting at which it takes public input.
Mr. McCauley presented a PowerPoint presentation and provided an overview of the proposed
increase in property taxes and the specific purpose for which property tax revenues are being
increased. During the presentation the following were summarized:
Property tax levy for all sources reflects a 2.72% increase of levy for the General Fund
Operations.
Major budget influences including 2005 -2009 increased pension costs, increase of $133,000
in State Aid for 2006, loss of $1.68 Million in State Aid for 2004; loss of an additional
$335,000 in State Aid for 2005; and the loss of $3.2+ Million in HACA and LGA in 2002-
2006.
12/05/05 -1- DRAFT
i
General Fund Operating Budget being maintained at 2004 levels with police patrol at full
strength; fire operations at current levels plus full time clerical support; and providing for
modest technology funding.
Mayor Kragness inquired as to the number of homes still receiving the Limited Market Value
benefit. Mr. McCauley explained that most homes are receiving the Limited Market Value benefit,
which is determined by the State of Minnesota.
Councilmember Carmody moved, and Councilmember Lasman seconded to open the Public
Hearing.
Motion passed unanimously.
Richard Johnson, 6431 Toledo Avenue North, stated the Limited Market Value explanation was
vague. Assistant City Manager /Director of Operations Curt Boganey responded the State of
Minnesota establishes the maximum amount of increase. He explained that if the value of the home
actually increases faster than the limit established by the State of Minnesota, then the taxable value is
stopped at the rate of increase.
Dan Remiarz, 6201 June Avenue North, distributed a spreadsheet outlining City Taxes in
comparison to County Taxes of several neighboring cities and stated concern for future increases.
Nancy Carlson, 6024 Aldrich Avenue North, discussed Tax Increment Financing, stated
dissatisfaction with the amount of taxes paid by residential verses commercial, handling of taxes for
Earle Brown Farm, and lack of funding to the School Districts.
Jeff Lewis 5732 Knox Avenue North, stated the 17% increase on his property taxes is high compared
to other communities. Mr. McCauley responded by explaining possible reasons for the increase.
Richard Johnson, 6431 Toledo Avenue North, inquired about who decided to put the weight of taxes
on residential properties instead of commercial properties. Mayor Kragness responded the weight
distribution is determined by the Legislature.
Councilmember Lasman moved, and Councilmember Carmody seconded to close the Public
Hearing.
Motion passed unanimously.
ADJOURNMENT
Councilmember Carmody moved, and Councilmember Lasman seconded to adjourn the meeting at
8:11 p.m.
Motion passed unanimously.
12/05/05 -2- DRAFT
City Clerk Mayor
12/05/05 -3- DRAFT
i
City Council Agenda Item No. 7b
City of Brooklyn Center
A Millennium Community
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City ClerkIn��
DATE: December 8, 2005
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 December 12, 2005, are
as follows:
FIREWORKS PERMANENT
SuperAmerica #4160 6545 West River Road
SuperAmerica #4058 1901 57 Ave N
Sup erAmerica p menca #3192 6950 Brooklyn Boulevard
GASOLINE SERVICE STATION
Brooklyn Center Conoco 1505 69 Ave N
SuperAmerica #4160 6545 West River Road
SuperAmerica #4058 1901 57 Ave N
SuperAmerica #3192 6950 Brooklyn Boulevard
Brookdale Cit o
g 5710 Xerxes Ave N
Hark' Company 6501 Humboldt Ave N
LIOUOR CLASS A ON -SALE INTOXICATING AND SUNDAY
Olive Garden 1601 James Circle North
LIOUOR CLASS B ON -SALE INTOXICATING AND SUNDAY
AMF Earle Brown Lanes 6440 James Circle North
Applebee's 1400 Brookdale Mall
Crowne Plaza i 2200 Freeway Boulevard
Days Inn 1501 Freeway Boulevard
Ref s Sports Bar Grill 2545 County Road 10
T. G. I. Friday's 2690 Freeway Boulevard
Vallarta s Mexican Restaurant 6000 Shingle Creek Parkway
LIOUOR CLASS F ON -SALE INTOXICATING AND SUNDAY
Flik International 6155 Earle Brown Drive
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
Page 2
Licenses for Council Approval
December 8, 2005
LIOUOR ON -SALE CLUB INTOXICATING AND SUNDAY
Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard
LIOUOR OPTIONAL 2 A.M. CLOSING
Days Inn 1501 Freeway Boulevard
Ref's Sports Bar Grill 2545 County Road 10
T. G.1. Friday's 2690 Freeway Boulevard
LIOUOR ON -SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIOUOR
50's Grill' 5524 Brooklyn Boulevard
Great India 2 6056 Shingle Creek Parkway
LIQUOR ON -SALE 3.2 PERCENT MALT LIOUOR
Centerbrook Golf Course' 6301 Shingle Creek Parkway
Davanni's Pizza and Hot Hoagies 5937 Summit Drive
Scoreboard Pizza 6816 Humboldt Avenue North
LIOUOR OFF -SALE 3.2 PERCENT MALT LIQUOR
Cub Foods 3245 County Road 10
SuperAmerica #3192 6950 Brooklyn Boulevard
SuperAmerica #4160 6545 West River Road
SuperAmerica #4058 1901 57th Avenue North
Value Food 6804 Humboldt Avenue North
Winner Gas 6501 Humboldt Avenue North
1 Subject to submittal of Liquor Liability Insurance Certificate on or before December 31, 2005
2 Subject to submittal of Workers' Compensation and Liquor Liability Insurance Coverage and Certified
CPA Statement
MECHANICAL
On Site Mechanical 8750 St. Hwy 7, St. Bonifacius
Owens Companies, Inc 930 E 80'" Street, Bloomington
Ray Welter Heating Co 4637 Chicago Ave S, Minneapolis
Page 3
Licenses for Council Approval
December 8, 2005
RENTAL
Renewal
(There were No Calls for the following)
2307-0954 th Ave N (Two Family) Robert Messersmith
819 -21 55' Ave N (Two Family) Turning Point, Inc.
509 61 Ave N (Single Family) Tim Daniel
5834 Aldrich Ave N (Two Family —1 Unit) Paul Scully
5105 Brooklyn Blvd (Single Family) George Lucht
5937 Halifax Ave N (Single Family) Nick Rierson
5650 Humboldt Ave N (Single Family) Syed Raza
6753 Humboldt Ave N (Single Family) Kwi Ha Wong
6330 Kyle Ave N (Single Family) Daniel Lu
3019 Mumford Road (Single Family) Morris Matthews
5332 -36 Russell Ave N (Two Family) Douglas Ryan
5338 Queen Ave N (Two Family I Unit) Robert Messersmith
4708 -12 Twin Lake Ave N (Two Family) Byron Mach
6523 Unity Ave N (Single Family) Wa Yee Xiong
Initial
160068 1h Lane N (Single Family) Rafael Quintero
NONE
6005 Admiral Lane (Single Family) Dan Soffa
THEFT -FROM VEHICLE
4204 Lakebreeze (1 bldg, 4 units) Donald Nieken
NONE
6912 Morgan Ave N (Single Family) Muktar Abdurahman
NONE
7006 Fremont Ave N (Single Family) Teto Wilson
THEFT -FROM VEHICLE
TOBACCO RELATED PRODUCT
Brookdale Citgo 5710 Xerxes Ave N
Cub Foods 3245 County Road 10
SuperAmerica 44160 6545 West River Road
SuperAmerica #4058 1901 57 Ave N
SuperAmerica #3192 6950 Brooklyn Boulevard
Tobacco Warehouse 6014 Shingle Creek Parkway
City Council Agenda Item No. 7c
1
Office of the City Clerk
O X City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk JVW 4
DATE: December 7, 2005
SUBJECT: Application and Permit for a Temporary On -Sale Liquor License Submitted By St.
Alphonsus Parish, 7025 Halifax Avenue North, for an Event to be Held February 11,
2006
St. Alphonsus Parish, 7025 Halifax Avenue North, has submitted an application and permit for a
temporary on -sale liquor license for an event to be held on Saturday, February 11, 2006.
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 Parish.
After Council review, the application and permit will be forwarded to the Minnesota Department of
Public Safety Alcohol and Gambling Enforcement Division for approval.
Minnesota Statutes 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.
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
OF FuA(�aG
Minnesota Department of Public Safety
ALCOHOL AND GAMBLING ENFORCEMENT DIVISION'
444 Cedar Street Suite 133, St. Paul MN 55101 -5133
OF FM (651) 215 -6209 Fax (651) 297 -5259 TTY (651) 282 -6555
WWW.DPS.STATE.MN.US
APPLICATION AND PERMIT
FOR A I TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE
TYPE OR PRINT INFORMATION
NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER
ChkLch al 5r. 1 I °h� onse /Q�? ,E5 3015"
STREET ADDRESS CITY STATE ZIP CODE
702.$ 1 a Usk Arki N brooki.in C cnkr MA 155 29
NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE
1 S ^PP z {,,9q2 546 ��583
DATES LIQUOR WILL BE SOLD TYPE OF ORGANIZATION
.0� 1 1 0 CLU C HARITABL R O THER NONPROFIT
ORGANIZATION OFFICER'S NAME ADDRESS
Taj -h r PaJ-f1cL- (nil Al'ohmn6i'S rjunc ti
ORGANIZATION OFFICER'S NAME ADDRESS
OR ANIZA ON OFFICB�,'S NAME ADDRESS.
lo 3 vh►nso o
Location license will be used. If an outdoor area, describe
r l7 n i s C5 s R "11 l -J- 5 stns
Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service.
Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage.
o f
APROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL GAMBLING
ENFORCEMENT
CITY /COUNTY 0.1 'j 0 &1Z V1 u n I C t DATE APPROVED
CITY FEE AMOUNT LICENSE DATES
DATE FEE PAID I I/`7 Z)S
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 (02/05)
I
City Council Agenda Item No. 7d
OX City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: December 5, 2005
TO: Michael McCauley, City Manager
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment,
Improvement Project No. 2005 -15, Contract 2005 -H, Elevated Storage
Tank No. 3 Cleaning
On September 12, 2005, the City Council awarded a contract for Improvement Project No. 2005-
15, Elevated Storage Tank No. 3 Cleaning to Odlund Protective Coatings, Inc. of Rockford,
Minnesota. This project generally included pressure washing the lower bowl and upper column
sections of the water tower to remove mildew that had discolored the structure. The contract
also included spot repairs to the exterior paint surface of the tower.
KLM Engineering preformed a final inspection of the tower and determined that the Contractor
has completed the specified work in accordance with the contract documents. The original
contract amount was $18,300. The final contract payment amount requested by the Contractor is
$18,300.
Attached for consideration is a City Council resolution accepting the work performed and
authorizing final payment for Improvement Project No. 2005 -15.
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.cityolbrooklyncenter.org
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL
PAYMENT, IMPROVEMENT PROJECT NO. 2005 -15, CONTRACT 2005 -H,
ELEVATED STORAGE TANK NO. 3 CLEANING
WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center,
Minnesota, Odlund Protective Coatings, Inc. of Rockford, Minnesota has completed the
following improvement in accordance with said contract:
Improvement Project No. 2005 -15, Contract 2005 -H, Elevated Storage
Tank No. 3 Cleaning
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. It is hereby directed that final payment be made on said contract, upon
receiving all necessary project closeout documentation as determined by
the City Engineer.
2. The total estimated amount to be paid for improvements under said
contract shall be $18,300.00.
3. The estimated project costs and revenues are hereby amended as follows:
COSTS As Approved As Final
Contract 18,300.00 18,300.00
Engineering Inspection 5.500.00 5,150.00
Total Project Cost 23,800.00 23,450.00
REVENUES
Water Utility Fund 18,300.00 18,300.00
49141 -6402
Water Utility Fund 5,500.00 5,150.00
49141 -6302
Total Project Revenue 23,800.00 23,450.00
RESOLUTION NO.
December 12, 2005
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. 8a
r
Memorandum
Date: 7 December 2005
To: Michael McCauley
City Manager
From: Daniel Jordet
Director of Fiscal Support Services
Re: Conduit Issue of Bonds for Presbyterian Homes
At the 14 November 2005 meeting, the City Council adopted a resolution calling for a public
hearing on the possible issuance of debt on behalf of Presbyterian Homes Housing and Assisted
Living, Inc. (PHH). PHH will use the funds to acquire the existing Maranatha Conservative Baptist
Home, Inc., a skilled nursing care facility located at 5401 69 Avenue North, and the attached
Center Park Senior Apartments, Inc., a senior living facility. The combined total for all debt is
proposed at 5,145,000. The debt is to be issued by four individual resolutions as follows:
A.) 2,870,000 in Health Care Revenue Notes for purchase of the skilled nursing care
facility;
B.) 955.000 in subordinated Health Care Revenue Notes for the purchase of the skilled
nursing care facility;
C.) 1,192,500 in Health Care Revenue Notes for purchase of the apartments; and
D.) 127,500 in subordinated Health Care Revenue Notes for purchase of the apartments.
Issues A.) and C.) will be secured by first position /primary mortgages and will likely be purchased
by banks or institutions requiring secured credit positions.
Issues B.) and D.) will be secured by subordinate mortgages, second in position to the primary
mortgages, and will likely be purchased by private investors in the projects who are willing to
take a bit more investment risk in a subordinate mortgage.
None of the issues will constitute a debt of the City of Brooklyn Center. The City need not
warrant any of these issues nor can it be held responsible for repayment of the issues at any
time. The performance of PHH on repayment of the debt will not reflect in any way on the City's
bond rating.
As compensation for issuance of these notes, the City will receive a payment of 1% of the face
value of the debt issued. This amount, 51,450, will be deposited to the Economic Development
Fund as an issuance fee.
The attached resolutions will accomplish the activity required of the City Council in sanctioning
this transaction.
S .F
9
November 8, 2005
w
Michael McCauley
PRESBYTERIAN City Manager, City of Brooklyn Center
HOMES SERVICES City Hall,
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Re: Presbyterian Homes affiliation with Maranatha Care Center and
Apartments
Dear Michael,
Senior Communities As you may be aware, Presbyterian Homes is in the process of affiliating
with the Maranatha senior housing and care center campus located at 5401
69` Avenue North in the City of Brooklyn Center. The Maranatha campus
designed with the hand has been built in stages since 1962 and currently consists of 97 nursing
home beds and 65 independent housing and assisted living apartments all
for seniors_
ofexfjerience, a heart
Affiliation discussions began in July, 2005, when the Board of Directors
for Maranatha decided that affiliating with a larger organization that had
for excellence and an solid operating systems, financial strength, and a similar Christian
philosophy would be in the best long term interest of the residents of the
e to the future. campus. Presbyterian Homes has long identified the northwest quadrant of
the Twin Cities metro area as an area that we would like to establish a
presence in and be in a position to provide residents of that community a
full continuum of quality care.
Presbyterian Homes was established in 1952 and currently serves
approximately 8,000 older adults on an annual basis. We have 25 campuses
in the Twin Cities, 3 in Wisconsin and 2 in Iowa. Our philosophy is to
provide the highest quality care in a Christian environment and preferably
offer our services in a campus environment where residents can move in
when they are still independent and needing little care and can remain on
that campus and have their needs met through the end of their life. We
currently oven or manage 5,163 units, made up of nursing home beds,
assisted living and independent living apartments. We have annual
revenues of approximately 150 million and have 2,850 employees.
We are asking that the City of Brooklyn Center act as the Conduit Issuer
for up to $6,500,000 of bank qualified tax exempt revenue bonds. These
revenue bonds would payable solely from the revenues of the campus and
would not in any way be an obligation of the City of Brooklyn Center. I
Management Services
2845 Hamline Avenue North, Suite 200, Roseville, MN 55113 Phone (651) 631 -6100 Fax (651) 631 -6108
have attached a description of the Minnesota Statute that describes this
p rocess in more detail.
Presbyterian Homes would agree to pay any costs or fees that the City of
Brooklyn Center would have in connection with the issuance.
Thank you for your assistance in this matter, we sincerely appreciate your
cooperation. If you have any questions or need further information, feel
free to contact me at (651) 631 -6120.
Sincerely,
Mark Meyer
Chief Financial Officer
2
I
CONDUIT FINANCING IN MINNESOTA,
Minnesota Statutes, Sections 469.152 through 469.165, Municipal Industrial Development (the
"Act") authorizes cities (and also housing and redevelopment authorities, port authorities,
economic development authorities, area or municipal redevelopment agencies and in certain
circumstances towns and counties) to issue bonds to finance projects described in the Act.
Generally speaking, the requirements of Minnesota Statutes, Chapter 475 relating to municipal
bonds do not apply to bonds issued under the Act. An election is not required. "Project" is
generally defined as any real or personal property used or useful in connection with a revenue
producing enterprise. Specific authorizations include tourism projects; health care projects
including hospitals, nursing homes and related medical facilities; manufacturing projects; and
jails. Residential projects are specifically excluded.
The basic structure of transactions under the Act is as follows: a privately placed note or
publicly sold bonds "obligations are issued by the Issuer. The Issuer loans the proceeds
from the sale of the obligations to a private or nonprofit party (the "borrower"). This loan is
made pursuant to a loan agreement which requires the borrower to comply with certain
requirements (including
maintaining insurance) of state law and the Internal Revenue Code (the "Code The loan
agreement further requires the borrower to generate revenues sufficient to pay amounts owed by
the Issuer on the obligations. Payments under the loan agreement are equal to the payments due
on the obligations. Because the obligations are a promise to pay between the private placement
lender or bond trustee and the Issuer, and because the loan agreement is between the Issuer and
the borrower, another agreement called a pledge agreement or trust indenture is used pursuant to
which the Issuer pledges its receipts under the loan agreement for payment on the obligations.
(Usually the loan agreement provides that the payments are made by the borrower directly to the
lender or bond trustee.) In addition, the borrower usually executes a mortgage and/or security
agreement in favor of the lender or bond trustee. Occasionally other types of collateral are also
required such as guaranties, letters of credit, etc. In all cases the security interest in these items
of collateral runs in favor of the lender or bond trustee.
The Act specifically provides that obligations issued under the Act are not payable from or
charged upon any funds other than the revenue pledged to their payment, nor is the Issuer subject
to any liability on them. No holder of the obligations has the right to require any exercise of the
taxing power of the Issuer to pay the obligations or the interest thereon, or enforce payment of
the obligations against any property of the Issuer, except those projects or portions thereof
mortgaged or otherwise encumbered under the provisions and for the purposes of the Act.
As you can see, the only recourse the lender or bond trustee has is to the project revenues and the
real estate and/or equipment pledged as collateral for the loan.
The Act also contains certain procedural requirements in order for the obligations to be
validly issued. These include holding a public hearing and submitting a request to the
Minnesota Department of Trade and Economic Development for project approval.
In order for obligations issued under the Act to be tax exempt, there must be
compliance with certain requirements of the Code. One of these is public approval,
which means that the issuance of the obligations must be approved after a public
hearing. Usually a state law public hearing and the federal law public hearing are held
simultaneously. Other Code requirements include: (1) a limitation of the costs of
issuance of the obligations which can actually be paid from the proceeds of the
obligations (this limit is 2 (2) the proceeds of the obligations must be used in the
trade or business of a nonprofit corporation which is the borrower; and (3) federal tax
form 8038 must be filed with the Internal Revenue Service upon issuance of the
obligations. There are a variety of other technical requirements under the Code which
I shall not go into at this time.
I hope this information has been responsive to your needs and helps your governing
body gain a greater understanding of the structure of this project.
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF THE
$127,500 SUBORDINATE HEALTH CARE REVENUE NOTE OF 2005
(CENTER PARK SENIOR APARTMENTS, INC. PROJECT)
RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (the "City
Section 1. Findings. The Council has heretofore determined, and does hereby determine, as
follows:
1.1. the City is authorized by Minnesota Statutes, Chapter 462C as amended (the
"Act (a) to finance the acquisition of the 65 -unit senior housing facility located at 5415 60
Avenue North in the City (the "Project to be undertaken by Presbyterian Homes Housing and
Assisted Living, Inc., a Minnesota nonprofit corporation or a related entity who will acquire all
membership interest in Center Park Senior Apartments, Inc., a Minnesota nonprofit corporation
(the "Borrower and (b) to enter into a Loan Agreement with the Borrower (the "Loan
Agreement for the public purposes expressed in the Act;
1.2. in authorizing the financing of the Project the City's purpose is, and in its
judgment the effect thereof will be, to promote the public welfare by: continuing to provide
adequate senior housing; the halting of the movement of talented, educated personnel of all ages
to other areas thus preserving the economic and human resources needed as a base for providing
governmental services and facilities; the provision of accessible employment opportunities for
residents in the area;
1.3. it is desirable, feasible and consistent with the objects and purposes of the Act to
issue the $127,500 Subordinate Health Care Revenue Note of 2005 (Center Park Senior
Apartments, Inc. Project) (the "Note to provide a portion of the purchase money financing for
the Project; and
1.4. the Note and the interest accruing thereon do not constitute an indebtedness of
the City within the meaning of any constitutional or statutory limitation and do not constitute or
give rise to a pecuniary liability or a charge against the general credit or taxing powers of the City
and neither the full faith and credit nor the taxing powers of the City is pledged for the payment
of the Note or interest thereon.
Section 2. The Note.
2.1. Authorized Amount and Form of Note. The Note issued pursuant to this
Resolution shall be in substantially the form set forth on Exhibit A to the Loan Agreement, with
such appropriate variations, omissions and insertions as are permitted or required by this
Resolution, and in accordance with the further provisions hereof; and the total principal amount
of the Note that may be outstanding hereunder is expressly limited to $955,000 unless a
replacement Note is issued pursuant to Section 2.7.
RESOLUTION NO.
2.2. The Note. The Note shall be dated as of the date of delivery, shall be payable at
the times and in the manner, shall bear interest at the initial rate not to exceed of 6.00% per
annum, and shall be subject to such other terms and conditions as are set forth therein.
2.3. Execution. The Note shall be executed on behalf of the City by the signatures of
its Mayor and Manager (collectively, the "Officials In case any of the Officials whose
signature shall appear on the Note shall cease to be such Official before the delivery of the Note,
such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had
remained in office until delivery. In the event of the absence or disability of any of the Officials
such other officers of the City as, in the opinion of the Bond Counsel, may act in their behalf,
shall without further act or authorization of the Council execute and deliver the Note. Execution
of the Note by the Officials shall constitute approval of the exact interest rate on the Note.
2.4. Delivery of Note. Before delivery of the Note there shall be filed with the
purchaser of the Note (except to the extent waived by the purchaser) the following items:
(a) an executed copy of each of the following documents:
(1) the Loan Agreement;
(2) the Pledge Agreement between the City and the Purchaser (the
"Pledge Agreement and
(3) the Subordinate Mortgage, Security Agreement and Fixture
Financing Statement from the Borrower to the Purchaser (the
"Mortgage
(b) an opinion of Counsel for the Borrower as prescribed by Bond Counsel
and the purchaser;
(c) the opinion of Bond Counsel as to the validity and tax exempt status of
the Note; and
(d) such other documents and opinions as Bond Counsel may reasonably
require for purposes of rendering its opinion required in subsection (c) above or that the
purchaser may reasonably require for the closing.
2.5. Disposition of Note Proceeds. The Note will be delivered to provide payment
of a portion of the purchase price for acquisition of the Project.
2.6. Registration of Transfer. The City will cause to be kept at the office of the
Manager a Note Register in which, subject to such reasonable regulations as it may prescribe, the
City shall provide for the registration of transfers of ownership of the Note. The Note shall be
initially registered in the name of the original purchaser and shall be transferable upon the Note
Register by the holders in person or by an agent duly authorized in writing, upon surrender of a
Note together with a written instrument of transfer satisfactory to the Manager, duly executed by
the holder or its duly authorized agent. The following form of assignment shall be sufficient for
such purpose.
2
RESOLUTION NO.
For value received hereby sells, assigns and transfers unto
the within Note of the City of Brooklyn Center and does hereby
irrevocably constitute and appoint attorney to transfer
such Note on the books of the City with full power of substitution in the
premises. The undersigned certifies that the transfer be made in accordance with
the provisions of Section 2.9 of the Resolution relating to the above Note.
Dated:
Registered Owner
Upon such transfer the Manager shall note the date of registration and the name and address of
the new holder in the Note Register and in the registration blank appearing on the Note.
2.7. Mutilated, Lost or Destroyed Note. In case any Note issued hereunder shall
become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be
executed and delivered, a new Note of like outstanding principal amount, number and tenor in
exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in
substitution for such Note destroyed or lost, upon the holder's paying the reasonable expenses and
charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing
with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the
mutilated, destroyed or lost Note has already matured or been called for redemption in
accordance with its terms it shall not be necessary to issue a new Note prior to payment.
2.8. Ownership of Note: The City may deem and treat the person in whose name the
Note is last registered in the Note Register and by notation on the Note whether or not such Note
shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or
on account of the principal balance, redemption price or interest and for all other purposes
whatsoever, and the City shall not be affected by any notice to the contrary.
2.9. Limitation on Note Transfers. The Note has been issued to an "accredited
investor" and without registration under state or other securities laws, pursuant to an exemption
for such issuance; and accordingly the Note may not be assigned or transferred in whole or part,
nor may a participation interest in the Note be given pursuant to any participation agreement,
except to another "accredited investor" or "financial institution" in accordance with an applicable
exemption from such registration requirements.
2.10. Issuance of New Note. Subject to the provisions of Section 2.9, the City shall, at
the request and expense of a holder, issue a new Note or Notes, in aggregate outstanding principal
amount equal to that of the Note surrendered but in no event in an amount less than $100,000, and
of like tenor except as to number, principal amount, and the amount of the monthly installments
payable thereunder, and registered in the name of the holder or such transferee as may be
designated by the holder.
Section 3. General Covenants.
3.1. Payment of Principal and Interest. The City covenants that it will promptly
pay or cause to be paid the principal of and interest on the Note at the place, on the dates, solely
from the source and in the manner provided herein and in the Note. The principal and interest are
payable solely from and secured by revenues and proceeds derived from the Loan Agreement, the
Pledge Agreement, and the Mortgage (the "Security Documents which revenues and proceeds
3
RESOLUTION NO.
are hereby specifically pledged to the payment thereof in the manner and to the extent specified in
the Note and the Security Documents; and nothing in the Note or in this Resolution shall be
considered as assigning, pledging or otherwise encumbering any other funds or assets of the City
or the City.
3.2. Performance of and Authority for Covenants. The City covenants that it will
faithfully perform at all times any and all covenants, undertakings, stipulations and provisions
contained in this Resolution, in the Note and in all proceedings of the Board pertaining thereto;
that it is duly authorized under the Constitution and laws of the State of Minnesota including
particularly and without limitation the Act, to issue the Note, pledge the revenues and assign the
Loan Agreement in the manner and to the extent set forth in this Resolution, the Note, the Loan
Agreement and the Pledge Agreement; that all action on its part for the issuance of the Note and
for the execution and delivery thereof has been duly and effectively taken; and that the Note in
the hands of the holders are and will be valid and enforceable special limited obligations of the
City according to the terms thereof.
3.3. Enforcement and Performance of Covenants. The City agrees to enforce all
covenants and obligations of the Borrower under the Loan Agreement, upon request of the
holders of the Note and being indemnified to the satisfaction of the City for all expenses and
claims arising therefrom, and to perform all covenants and other provisions pertaining to the City
contained in the Note and the Loan Agreement and subject to Section 3.4.
3.4. Nature of Security. Notwithstanding anything contained in the Note, the
Security Documents or any other document referred to in Section 2.4 to the contrary, nothing in
this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of
any municipal funds on the Project or the Note other than the revenues derived from the Project.
The Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property
or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the
City be subject to any liability thereon. The holder of the Note shall never have the right to
compel any exercise of the taxing power of the City to pay the outstanding principal on the Note
or the interest thereon, or to enforce payment thereof against any property of the City. The Note
shall recite in substance that the Note, including interest thereon, is payable solely from the
revenue and proceeds pledged to the payment thereof. The Note shall not constitute a debt of the
City within the meaning of any constitutional or statutory limitation. However, nothing in the
Act impairs the rights of the holders of the Note to enforce the covenants made for the security
thereof as provided in this Resolution, the Loan Agreement and the Pledge Agreement, and in the
Act, and by authority of the Act, the City has made the covenants and agreements herein for the
benefit of the purchaser; provided that in any event, the agreement of the City to perform or
enforce the covenants and other provisions contained in the Note, the Loan Agreement and the
Pledge Agreement shall be subject at all times to the availability of revenues under the Loan
Agreement sufficient to pay all costs of such performance or the enforcement thereof, and the
City shall not be subject to any personal or pecuniary liability thereon.
Section 4. Miscellaneous.
4.1. Severability. If any provision of this Resolution shall be held or deemed to be or
shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction
or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any
constitution or statute or rule or public policy, or for any other reason, such circumstances shall
not have the effect of rendering the provision in question inoperative or unenforceable in any
other case or circumstance, or of rendering any other provision or provisions herein contained
4
RESOLUTION NO.
invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more
phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the
remaining portions of this Resolution or any part thereof.
4.2. Authentication of Transcript. The Officials are directed to furnish to Bond
Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or
certificates as to all other matters which are reasonably necessary to evidence the validity of the
Note. All such certified copies, certificates and affidavits, including any heretofore furnished,
shall constitute recitals of the City as to the correctness of all statements contained therein.
4.3. Authorization to Execute Agreements. The forms of the proposed Loan
Agreement and the Pledge Agreement are hereby approved in substantially the form heretofore
presented to the Board, together with such additional details therein as may be necessary and
appropriate and such modifications thereof, deletions therefrom and additions thereto as may be
necessary and appropriate and approved by Bond Counsel prior to the execution of the
documents, and the Officials are authorized to execute the Loan Agreement and the Pledge
Agreement in the name of and on behalf of the City and such other documents as Bond Counsel
consider appropriate in connection with the issuance of the Note. In the event of the absence or
disability of the Officials, other such officers of the City as, in the opinion of the City Attorney,
may act in their behalf, shall without further act or authorization of the Board do all things and
execute all instruments and documents required to be done or executed by such absent or disabled
Officials. The execution of any instrument by the appropriate officer or officers of the City
herein authorized shall be conclusive evidence of the approval of such documents in accordance
with the terms hereof.
December 12. 2005
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.
5
Member introduced the following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF THE
$1,192,500 HEALTH CARE REVENUE NOTE OF 2005
(CENTER PARK SENIOR APARTMENTS, INC. PROJECT)
RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (the "City").
Section 1. Findings. The Council has heretofore determined, and does hereby determine, as
follows:
1.1. the City is authorized by Minnesota Statutes, Chapter 462C, as amended (the "Act (a)
to finance the 65 -unit senior housing facility located at 5415 69 Avenue North in the City (the "Project to be
undertaken by Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota nonprofit corporation or a
related entity who will acquire all membership interest in Center Park Senior Apartments, Inc., a Minnesota
nonprofit corporation (the "Borrower and (b) to enter into a Loan Agreement with the Borrower (the "Loan
Agreement for the public purposes expressed in the Act;
1.2. in authorizing the financing of the Project the City's purpose is, and in its judgment the
effect thereof will be, to promote the public welfare by: continuing to provide adequate senior housing; the
halting of the movement of talented, educated personnel of all ages to other areas thus preserving the economic
and human resources needed as a base for providing governmental services and facilities; the provision of
accessible employment opportunities for residents in the area;
1.3. it is desirable, feasible and consistent with the objects and purposes of the Act to issue the
$1,192,500 Health Care Revenue Note of 2005 (Center Park Senior Apartments, Inc. Project) (the "Note to
provide purchase money financing for the Project; and
1.4. the Note and the interest accruing thereon do not constitute an indebtedness of the City
within the meaning of any constitutional or statutory limitation and do not constitute or give rise to a pecuniary
liability or a charge against the general credit or taxing powers of the City and neither the full faith and credit
nor the taxing powers of the City is pledged for the payment of the Note or interest thereon.
Section 2. The Note.
2.1. Authorized Amount and Form of Note. The Note issued pursuant to this Resolution
shall be in substantially the form set forth on Exhibit A to the Loan Agreement, with such appropriate
variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the
further provisions hereof; and the total principal amount of the Note that may be outstanding hereunder is
expressly limited to $1,192,500 unless a replacement Note is issued pursuant to Section 2.7.
2.2. The Note. The Note shall be dated as of the date of delivery, shall be payable at the
times and in the manner, shall bear interest at the initial rate of 4.75% per annum, and shall be subject to such
other terms and conditions as are set forth therein.
2.3.Execution. The Note shall be executed on behalf of the City by the signatures of its
Mayor and Manager (collectively, the "Officials In case any of the Officials whose signature shall appear on
the Note shall cease to be such Official before the delivery of the Note, such signature shall nevertheless be
valid and sufficient for all purposes, the same as if he had remained in office until delivery. In the event of the
absence or disability of any of the Officials such other officers of the City as, in the opinion of the Bond
Counsel, may act in their behalf, shall without further act or authorization of the Council execute and deliver the
Note.
2.4. Delivery of Note. Before delivery of the Note there shall be filed with Anchor Bank (the
"Purchaser the purchaser of the Note (except to the extent waived by the Purchaser) the following items:
(a) an executed copy of each of the following documents:
RESOLUTION NO.
(1) the Loan Agreement;
(2) the Pledge Agreement between the City and the Purchaser (the "Pledge
Agreement
(3) the Mortgage, Security Agreement and Fixture Financing Statement
from the Borrower to the Purchaser (the "Borrower Mortgage
(4) the Mortgage, Security Agreement and Fixture Financing Statement
from Center Park Senior Apartments, Inc. "MCBH in favor of the
Purchaser (the "MCBH Mortgage and
(5) the Guaranty Agreement from MCBH in favor of the Purchaser (the
"Guaranty").
(b) an opinion of Counsel for the Borrower and MCBH as prescribed by Bond
Counsel and the Purchaser;
(c) the opinion of Bond Counsel as to the validity and tax exempt status of the Note;
and
(d) such other documents and opinions as Bond Counsel may reasonably require for
purposes of rendering its opinion required in subsection (c) above or that the purchaser may
reasonably require for the closing.
2.5. Disposition of Note Proceeds. The Note will be delivered to provide payment of a
portion of the purchase price for acquisition of the Project.
2.6. Registration of Transfer. The City will cause to be kept at the office of the Manager a
Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the
registration of transfers of ownership of the Note. The Note shall be initially registered in the name of the
original purchaser and shall be transferable upon the Note Register by the holders in person or by an agent duly
authorized in writing, upon surrender of a Note together with a written instrument of transfer satisfactory to the
Manager, duly executed by the holder or its duly authorized agent. The following form of assignment shall be
sufficient for such purpose.
For value received hereby sells, assigns and transfers unto the
within Note of the City of Brooklyn Center and does hereby irrevocably constitute and appoint
attorney to transfer such Note on the books of the City with full power
of substitution in the premises. The undersigned certifies that the transfer be made in accordance
with the provisions of Section 2.9 of the Resolution relating to the above Note.
Dated:
Registered Owner
Upon such transfer the Manager shall note the date of registration and the name and address of the new holder
in the Note Register and in the registration blank appearing on the Note.
2.7. Mutilated, Lost or Destroyed Note. In case any Note issued hereunder shall become
mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and
delivered, a new Note of like outstanding principal amount, number and tenor in exchange and substitution for
and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost,
upon the holder's paying the reasonable expenses and charges of the City in connection therewith, and in the
case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity
RESOLUTION NO.
satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in
accordance with its terms it shall not be necessary to issue a new Note prior to payment.
2.8. Ownership of Note. The City may deem and treat the person in whose name the Note is
last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as
the absolute owner of such Note for the purpose of receiving payment of or on account of the principal balance,
redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any
notice to the contrary.
2.9. Limitation on Note Transfers. The Note has been issued to an "accredited investor"
and without registration under state or other securities laws, pursuant to an exemption for such issuance; and
accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the
Note be given pursuant to any participation agreement, except to another "accredited investor" or "financial
institution" in accordance with an applicable exemption from such registration requirements.
2.10. Issuance of New Note. Subject to the provisions of Section 2.9, the City shall, at the
request and expense of a holder, issue a new Note or Notes, in aggregate outstanding principal amount equal to
that of the Note surrendered but in no event in an amount less than $100,000, and of like tenor except as to
number, principal amount, and the amount of the monthly installments payable thereunder, and registered in the
name of the holder or such transferee as may be designated by the holder.
Section 3. General Covenants.
3.1. Payment of Principal and Interest. The City covenants that it will promptly pay or
cause to be paid the principal of and interest on the Note at the place, on the dates, solely from the source and in
the manner provided herein and in the Note. The principal and interest are payable solely from and secured by
revenues and proceeds derived from the Loan Agreement, the Pledge Agreement, the Borrower Mortgage, the
MCBH Mortgage and the Guaranty (the "Security Documents which revenues and proceeds are hereby
specifically pledged to the payment thereof in the manner and to the extent specified in the Note and the
Security Documents; and nothing in the Note or in this Resolution shall be considered as assigning, pledging or
otherwise encumbering any other funds or assets of the City or the City.
3.2. Performance of and Authority for Covenants. The City covenants that it will
faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained in this
Resolution, in the Note and in all proceedings of the Board pertaining thereto; that it is duly authorized under
the Constitution and laws of the State of Minnesota including particularly and without limitation the Act, to
issue the Note, pledge the revenues and assign the Loan Agreement in the manner and to the extent set forth in
this Resolution, the Note, the Loan Agreement and the Pledge Agreement; that all action on its part for the
issuance of the Note and for the execution and delivery thereof has been duly and effectively taken; and that the
Note in the hands of the holders are and will be valid and enforceable special limited obligations of the City
according to the terms thereof.
3.3. Enforcement and Performance of Covenants. The City agrees to enforce all covenants
and obligations of the Borrower under the Loan Agreement, upon request of the holders of the Note and being
indemnified to the satisfaction of the City for all expenses and claims arising therefrom, and to perform all
covenants and other provisions pertaining to the City contained in the Note and the Loan Agreement and subject
to Section 3.4.
3.4. Nature of Security. Notwithstanding anything contained in the Note, the Security
Documents or any other document referred to in Section 2.4 to the contrary, nothing in this resolution or in the
documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project or the
Note other than the revenues derived from the Project. The Note shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds
pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Note
shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding
principal on the Note or the interest thereon, or to enforce payment thereof against any property of the City.
The Note shall recite in substance that the Note, including interest thereon, is payable solely from the revenue
RESOLUTION NO.
and proceeds pledged to the payment thereof. The Note shall not constitute a debt of the City within the
meaning of any constitutional or statutory limitation. However, nothing in the Act impairs the rights of the
holders of the Note to enforce the covenants made for the security thereof as provided in this Resolution, the
Loan Agreement and the Pledge Agreement, and in the Act, and by authority of the Act, the City has made the
covenants and agreements herein for the benefit of the purchaser; provided that in any event, the agreement of
the City to perform or enforce the covenants and other provisions contained in the Note, the Loan Agreement
and the Pledge Agreement shall be subject at all times to the availability of revenues under the Loan Agreement
sufficient to pay all costs of such performance or the enforcement thereof, and the City shall not be subject to
any personal or pecuniary liability thereon.
Section 4. Miscellaneous.
4.1. Severability. If any provision of this Resolution shall be held or deemed to be or shall,
in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in
all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or
public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in
question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or
provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any
one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining
portions of this Resolution or any part thereof.
4.2. Authentication of Transcript. The Officials are directed to furnish to Bond Counsel
certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all
other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies,
certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the
correctness of all statements contained therein.
4.3. Authorization to Execute Agreements. The forms of the proposed Loan Agreement
and the Pledge Agreement are hereby approved in substantially the form heretofore presented to the Board,
together with such additional details therein as may be necessary and appropriate and such modifications
thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond
Counsel prior to the execution of the documents, and the Officials are authorized to execute the Loan
Agreement and the Pledge Agreement in the name of and on behalf of the City and such other documents as
Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the absence or
disability of the Officials, other such officers of the City as, in the opinion of the City Attorney, may act in their
behalf, shall without further act or authorization of the Board do all things and execute all instruments and
documents required to be done or executed by such absent or disabled Officials. The execution of any
instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of
the approval of such documents in accordance with the terms hereof.
December 12. 2005
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof.
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
I
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF THE
$955,000 SUBORDINATE HEALTH CARE REVENUE NOTE OF 2005
(MARANATHA CONSERVATIVE BAPTIST HOME, INC. PROJECT)
RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (the "City
Section 0. Findinias. The Council has heretofore determined, and does hereby
determine, as follows:
0.0. the City is authorized by Minnesota Statutes, Chapter 469.152 -1651, as
amended (the "Act (a) to finance the acquisition of the skilled nursing facility located at
5401 69 Avenue North in the City, currently licensed for 97 beds (the "Project to be
undertaken by Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota nonprofit
corporation or a related entity who will acquire all membership interest in Maranatha
Conservative Baptist Home, Inc., a Minnesota nonprofit corporation (the "Borrower and (b)
to enter into a Loan Agreement with the Borrower (the "Loan Agreement for the public
purposes expressed in the Act;
0.0. in authorizing the financing of the Project the City's purpose is, and in its
judgment the effect thereof will be, to promote the public welfare by: the attraction,
encouragement and development of economically sound industry and commerce so as to
prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic
unemployment; the development of improved health care facilities available to the
community; the halting of the movement of talented, educated personnel of all ages to other
areas thus preserving the economic and human resources needed as a base for providing
governmental services and facilities; the provision of accessible employment opportunities
for residents in the area;
0.0. it is desirable, feasible and consistent with the objects and purposes of the Act
to issue the $955,000 Subordinate Health Care Revenue Note of 2005 Maranatha
Conservative Baptist Home, Inc. Project) (the "Note to provide a portion of the purchase
money financing for the Project; and
0.0. the Note and the interest accruing thereon do not constitute an indebtedness
of the City within the meaning of any constitutional or statutory limitation and do not
constitute or give rise to a pecuniary liability or a charge against the general credit or taxing
powers of the City and neither the full faith and credit nor the taxing powers of the City is
pledged for the payment of the Note or interest thereon.
Section 0. The Note.
0.0. Authorized Amount and Form of Note. The Note issued pursuant to this
Resolution shall be in substantially the form set forth on Exhibit A to the Loan Agreement,
with such appropriate variations, omissions and insertions as are permitted or required by this
Resolution, and in accordance with the further provisions hereof; and the total principal
amount of the Note that may be outstanding hereunder is expressly limited to $955,000
unless a replacement Note is issued pursuant to Section 2.7.
RESOLUTION NO.
0.0. The Note. The Note shall be dated as of the date of delivery, shall be payable
at the times and in the manner, shall bear interest at the initial rate not to exceed of 6.00% per
annum, and shall be subject to such other terms and conditions as are set forth therein.
0.0. Execution. The Note shall be executed on behalf of the City by the
signatures of its Mayor and Manager (collectively, the "Officials In case any of the
Officials whose signature shall appear on the Note shall cease to be such Official before the
delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes,
the same as if he had remained in office until delivery. In the event of the absence or
disability of any of the Officials such other officers of the City as, in the opinion of the Bond
Counsel, may act in their behalf, shall without further act or authorization of the Council
execute and deliver the Note. Execution of the Note by the Officials shall constitute approval
of the exact interest rate on the Note.
0.0. Delivery of Note. Before delivery of the Note there shall be filed with the
purchaser of the Note (except to the extent waived b
P p Y the Purchaser) the following items:
an executed copy of each of the following documents:
(0) the Loan Agreement;
(0) the Pledge Agreement between the City and the Purchaser
(the "Pledge Agreement and
(0) the Subordinate Mortgage, Security Agreement and Fixture
Financing Statement from the Borrower to the Purchaser (the
"Mortgage
an opinion of Counsel for the Borrower as prescribed by Bond
Counsel and the purchaser;
the opinion of Bond Counsel as to the validity and tax exempt status
of the Note; and
such other documents and opinions as Bond Counsel may reasonably
require for purposes of rendering its opinion required in subsection (c) above or that
the purchaser may reasonably require for the closing.
0.0. Disposition of Note Proceeds. The Note will be delivered to provide
payment of a portion of the purchase price for acquisition of the Project.
0.0. Registration of Transfer. The City will cause to be kept at the office of the
Manager a Note Register in which, subject to such reasonable regulations as it may prescribe,
the City shall provide for the registration of transfers of ownership of the Note. The Note
'nal
shall be initially registered m the name of the original p urchaser and shall be transferable
upon the Note Register by the holders in person or by an agent duly authorized in writing,
upon surrender of a Note together with a written instrument of transfer satisfactory to the
Manager, duly executed by the holder or its duly authorized agent. The following form of
assignment shall be sufficient for such purpose.
For value received hereby sells, assigns and transfers unto
the within Note of the City of Brooklyn Center and does
RESOLUTION NO.
hereby irrevocably constitute and appoint attorney
to transfer such Note on the books of the City with full power of substitution
in the premises. The undersigned certifies that the transfer be made in
accordance with the provisions of Section 2.9 of the Resolution relating to the
above Note.
Dated:
Registered Owner
Upon such transfer the Manager shall note the date of registration and the name and address
of the new holder in the Note Register and in the registration blank appearing on the Note.
0.0. Mutilated, Lost or Destroyed Note. In case any Note issued hereunder shall
become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause
to be executed and delivered, a new Note of like outstanding principal amount, number and
tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in
lieu of and in substitution for such Note destroyed or lost, upon the holder's paying the
reasonable expenses and charges of the City in connection therewith, and in the case of a
Note destroyed or lost, the filing with the City of evidence satisfactory to the City with
indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or
been called for redemption in accordance with its terms it shall not be necessary to issue a
new Note prior to payment.
0.0. Ownership of Note. The City may deem and treat the person in whose name
the Note is last registered in the Note Register and by notation on the Note whether or not
such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving
payment of or on account of the principal balance, redemption price or interest and for all
other purposes whatsoever, and the City shall not be affected by any notice to the contrary.
0.0. Limitation on Note Transfers. The Note has been issued to an "accredited
investor" and without registration under state or other securities laws, pursuant to an
exemption for such issuance; and accordingly the Note may not be assigned or transferred in
whole or part, nor may a participation interest in the Note be given pursuant to any
participation agreement, except to another "accredited investor" or "financial institution" in
accordance with an applicable exemption from such registration requirements.
0.0. Issuance of New Note. Subject to the provisions of Section 2.9, the City
shall, at the request and expense of a holder, issue a new Note or Notes, in aggregate
outstanding principal amount equal to that of the Note surrendered but in no event in an
amount less than $100,000, and of like tenor except as to number, principal amount, and the
amount of the monthly installments payable thereunder, and registered in the name of the
holder or such transferee as may be designated by the holder.
Section 0. General Covenants.
0.0. Payment of Principal and Interest. The City covenants that it will promptly
pay or cause to be paid the principal of and interest on the Note at the place, on the dates,
solely from the source and in the manner provided herein and in the Note. The principal and
interest are payable solely from and secured by revenues and proceeds derived from the Loan
Agreement, the Pledge Agreement, and the Mortgage (the "Security Documents which
RESOLUTION NO.
revenues and proceeds are hereby specifically pledged to the payment thereof in the manner
and to the extent specified in the Note and the Security Documents; and nothing in the Note
or in this Resolution shall be considered as assigning, pledging or otherwise encumbering any
other funds or assets of the City or the City.
0.0. Performance of and Authority for Covenants. The City covenants that it
will faithfully perform at all times any and all covenants, undertakings, stipulations and
provisions contained in this Resolution, in the Note and in all proceedings of the Board
pertaining thereto; that it is duly authorized under the Constitution and laws of the State of
Minnesota including particularly and without limitation the Act, to issue the Note, pledge the
revenues and assign the Loan Agreement in the manner and to the extent set forth in this
Resolution, the Note, the Loan Agreement and the Pledge Agreement; that all action on its
part for the issuance of the Note and for the execution and delivery thereof has been duly and
effectively taken; and that the Note in the hands of the holders are and will be valid and
enforceable special limited obligations of the City according to the terms thereof.
0.0. Enforcement and Performance of Covenants. The City agrees to enforce
all covenants and obligations of the Borrower under the Loan Agreement, upon request of the
holders of the Note and being indemnified to the satisfaction of the City for all expenses and
claims arising therefrom, and to perform all covenants and other provisions pertaining to the
City contained in the Note and the Loan Agreement and subject to Section 3.4.
0.0. Nature of Security. Notwithstanding anything contained in the Note, the
Security Documents or any other document referred to in Section 2.4 to the contrary, nothing
in this resolution or in the documents prepared pursuant hereto shall authorize the
expenditure of any municipal funds on the Project or the Note other than the revenues
derived from the Project. The Note shall not constitute a charge, lien or encumbrance, legal
or equitable, upon any property or funds of the City except the revenue and proceeds pledged
to the payment thereof, nor shall the City be subject to any liability thereon. The holder of
the Note shall never have the right to compel any exercise of the taxing power of the City to
pay the outstanding principal on the Note or the interest thereon, or to enforce payment
thereof against any property of the City. The Note shall recite in substance that the Note,
including interest thereon, is payable solely from the revenue and proceeds pledged to the
payment thereof. The Note shall not constitute a debt of the City within the meaning of any
constitutional or statutory limitation. However, nothing in the Act impairs the rights of the
holders of the Note to enforce the covenants made for the security thereof as provided in this
Resolution, the Loan Agreement and the Pledge Agreement, and in the Act, and by authority
of the Act, the City has made the covenants and agreements herein for the benefit of the
purchaser; provided that in any event, the agreement of the City to perform or enforce the
covenants and other provisions contained in the Note, the Loan Agreement and the Pledge
Agreement shall be subject at all times to the availability of revenues under the Loan
Agreement sufficient to pay all costs of such performance or the enforcement thereof, and the
City shall not be subject to any personal or pecuniary liability thereon.
Section 0. Miscellaneous.
0.0. Severability. If any provision of this Resolution shall be held or deemed to
be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any
jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any
provisions of any constitution or statute or rule or public policy, or for any other reason, such
circumstances shall not have the effect of rendering the provision in question inoperative or
RESOLUTION NO.
unenforceable in any other case or circumstance, or of rendering any other provision or
provisions herein contained invalid, inoperative, or unenforceable to any extent whatever.
The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution
contained shall not affect the remaining portions of this Resolution or any part thereof.
0.0. Authentication of Transcript. The Officials are directed to furnish to Bond
Counsel certified copies of this Resolution and all documents referred to herein, and
affidavits or certificates as to all other matters which are reasonably necessary to evidence the
validity of the Note. All such certified copies, certificates and affidavits, including any
heretofore furnished, shall constitute recitals of the City as to the correctness of all statements
contained therein.
0.0. Authorization to Execute Agreements. The forms of the proposed Loan
Agreement and the Pledge Agreement are hereby approved in substantially the form
heretofore presented to the Board, together with such additional details therein as may be
necessary and appropriate and such modifications thereof, deletions therefrom and additions
thereto as may be necessary and appropriate and approved by Bond Counsel prior to the
execution of the documents, and the Officials are authorized to execute the Loan Agreement
and the Pledge Agreement in the name of and on behalf of the City and such other documents
as Bond Counsel consider appropriate in connection with the issuance of the Note. In the
event of the absence or disability of the Officials, other such officers of the City as, in the
opinion of the City Attorney, may act in their behalf, shall without further act or
authorization of the Board do all things and execute all instruments and documents required
to be done or executed by such absent or disabled Officials. The execution of any instrument
by the appropriate officer or officers of the City herein authorized shall be conclusive
evidence of the approval of such documents in accordance with the terms hereof.
December 12, 2005
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 AUTHORIZING THE ISSUANCE AND SALE OF THE
$2,870,000 HEALTH CARE REVENUE NOTE OF 2005
(MARANATHA CONSERVATIVE BAPTIST HOME, INC. PROJECT)
RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (the "City
Section 1. Findines. The Council has heretofore determined, and does hereby
determine, as follows:
1.1. the City is authorized by Minnesota Statutes, Chapter 469.152 -1651, as
amended (the "Act (a) to finance the acquisition of the skilled nursing facility located
at 5401 69 Avenue North in the City, currently licensed for 97 beds (the "Project to be
undertaken by Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota
nonprofit corporation or a related entity who will acquire all membership interest in
Maranatha Conservative Baptist Home, Inc., a Minnesota nonprofit corporation (the
"Borrower and (b) to enter into a Loan Agreement with the Borrower (the "Loan
Agreement for the public purposes expressed in the Act;
1.2. in authorizing the financing of the Project the City's purpose is, and in its
judgment the effect thereof will be, to promote the public welfare by: the attraction,
encouragement and development of economically sound industry and commerce so as to
prevent, so far as possible, the emergence of blighted and marginal lands and areas of
chronic unemployment; the development of improved health care facilities available to
the community; the halting of the movement of talented, educated personnel of all ages to
other areas thus preserving the economic and human resources needed as a base for
providing governmental services and facilities; the provision of accessible employment
opportunities for residents in the area;
1.3. it is desirable, feasible and consistent with the objects and purposes of the
Act to issue the $2,870,000 Health Care Revenue Note of 2005 Maranatha Conservative
Baptist Home, Inc. Project) (the "Note to provide purchase money financing for the
Project; and
1.4. the Note and the interest accruing thereon do not constitute an
indebtedness of the City within the meaning of any constitutional or statutory limitation
and do not constitute or give rise to a pecuniary liability or a charge against the general
credit or taxing powers of the City and neither the full faith and credit nor the taxing
powers of the City is pledged for the payment of the Note or interest thereon.
RESOLUTION NO.
Section 2. The Note.
2.1. Authorized Amount and Form of Note. The Note issued P ursuant to
this Resolution shall be in substantially the form set forth on Exhibit A to the Loan
Agreement, with such appropriate variations, omissions and insertions as are permitted or
required by this Resolution, and in accordance with the further provisions hereof; and the
total principal amount of the Note that may be outstanding hereunder is expressly limited
to $2,870,000 unless a replacement Note is issued pursuant to Section 2.7.
2.2. The Note. The Note shall be dated as of the date of delivery, shall be
payable at the times and in the manner, shall bear interest at the initial rate of 4.75% per
annum, and shall be subject to such other terms and conditions as are set forth therein.
2.3. Execution. The Note shall be executed on behalf of the City by the
signatures of its Mayor and Manager (collectively, the "Officials In case any of the
Officials whose signature shall appear on the Note shall cease to be such Official before
the delivery of the Note, such signature shall nevertheless be valid and sufficient for all
purposes, the same as if he had remained in office until delivery. In the event of the
absence or disability of any of the Officials such other officers of the City as, in the
opinion of the Bond Counsel, may act in their behalf, shall without further act or
authorization of the Council execute and deliver the Note.
2.4. Delivery of Note. Before delivery of the Note there shall be filed with
Anchor Bank (the "Purchaser the purchaser of the Note (except to the extent waived by
the Purchaser) the following items:
(a) an executed copy of each of the following documents:
(1) the Loan Agreement;
(2) the Pledge Agreement between the City and the Purchaser
(the "Pledge Agreement
(3) the Mortgage, Security Agreement and Fixture Financing
Statement from the Borrower to the Purchaser (the
"Borrower Mortgage
(4) the Mortgage, Security Agreement and Fixture Financing
Statement from Center Park Senior Apartments, Inc.
"CPSA in favor of the Purchaser (the "CPSA
Mortgage and
(5) the Guaranty Agreement from Center Park Senior
Apartments, Inc. in favor of the Purchaser (the
"Guaranty
(b) an opinion of Counsel for the Borrower and CPSA as prescribed
by Bond Counsel and the Purchaser;
RESOLUTION NO.
(c) the opinion of Bond Counsel as to the validity and tax exempt
status of the Note; and
(d) such other documents and opinions as Bond Counsel may
reasonably require for purposes of rendering its opinion required in subsection (c)
above or that the purchaser may reasonably require for the closing.
2.5. Disposition of Note Proceeds. The Note will be delivered to provide
payment of a portion of the purchase price for acquisition of the Project.
2.6. Registration of Transfer. The City will cause to be kept at the office of
the Manager a Note Register in which, subject to such reasonable regulations as it may
prescribe, the City shall provide for the registration of transfers of ownership of the Note.
The Note shall be initially registered in the name of the original purchaser and shall be
transferable upon the Note Register by the holders in person or by an agent duly
authorized in writing, upon surrender of a Note together with a written instrument of
transfer satisfactory to the Manager, duly executed by the holder or its duly authorized
agent. The following form of assignment shall be sufficient for such purpose.
For value received hereby sells, assigns and transfers
unto the within Note of the City of Brooklyn Center and
does hereby irrevocably constitute and appoint
attorney to transfer such Note on the books of the City with full power of
substitution in the premises. The undersigned certifies that the transfer be
made in accordance with the provisions of Section 2.9 of the Resolution
relating to the above Note.
Dated:
Registered Owner
Upon such transfer the Manager shall note the date of registration and the name and
address of the new holder in the Note Register and in the registration blank appearing on
the Note.
2.7. Mutilated, Lost or Destroyed Note. In case any Note issued hereunder
shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by
law, cause to be executed and delivered, a new Note of like outstanding principal amount,
number and tenor in exchange and substitution for and upon cancellation of such
mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the
holder's paying the reasonable expenses and charges of the City in connection therewith,
and in the case of a Note destroyed or lost, the filing with the City of evidence
satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or
lost Note has already matured or been called for redemption in accordance with its terms
it shall not be necessary to issue a new Note prior to payment.
2.8. Ownership of Note. The City may deem and treat the person in whose
name the Note is last registered in the Note Register and by notation on the Note whether
RESOLUTION NO.
or not such Note shall be overdue, as the absolute owner of such Note for the purpose of
receiving payment of or on account of the principal balance, redemption price or interest
and for all other purposes whatsoever, and the City shall not be affected by any notice to
the contrary.
2.9. Limitation on Note Transfers. The Note has been issued to an
"accredited investor" and without registration under state or other securities laws,
pursuant to an exemption for such issuance; and accordingly the Note may not be
assigned or transferred in whole or part, nor may a participation interest in the Note be
given pursuant to any participation agreement, except to another "accredited investor" or
"financial institution" in accordance with an applicable exemption from such registration
requirements.
2.10. Issuance of New Note. Subject to the provisions of Section 2.9, the City
shall, at the request and expense of a holder, issue a new Note or Notes, in aggregate
outstanding principal amount equal to that of the Note surrendered but in no event in an
amount less than $100,000, and of like tenor except as to number, principal amount, and
the amount of the monthly installments payable thereunder, and registered in the name of
the holder or such transferee as may be designated by the holder.
Section 3. General Covenants.
3.1. Payment of Principal and Interest. The City covenants that it will
promptly pay or cause to be paid the principal of and interest on the Note at the place, on
the dates, solely from the source and in the manner provided herein and in the Note. The
principal and interest are payable solely from and secured by revenues and proceeds
derived from the Loan Agreement, the Pledge Agreement, the Borrower Mortgage, the
CPSA Mortgage and the Guaranty (the "Security Documents which revenues and
proceeds are hereby specifically pledged to the payment thereof in the manner and to the
extent specified in the Note and the Security Documents; and nothing in the Note or in
this Resolution shall be considered as assigning, pledging or otherwise encumbering any
other funds or assets of the City or the City.
3.2. Performance of and Authority for Covenants. The City covenants that
it will faithfully perform at all times any and all covenants, undertakings, stipulations and
provisions contained in this Resolution, in the Note and in all proceedings of the Board
pertaining thereto; that it is duly authorized under the Constitution and laws of the State
of Minnesota including particularly and without limitation the Act, to issue the Note,
pledge the revenues and assign the Loan Agreement in the manner and to the extent set
forth in this Resolution, the Note, the Loan Agreement and the Pledge Agreement; that all
action on its part for the issuance of the Note and for the execution and delivery thereof
has been duly and effectively taken; and that the Note in the hands of the holders are and
will be valid and enforceable special limited obligations of the City according to the
terms thereof.
3.3. Enforcement and Performance of Covenants. The City agrees to
enforce all covenants and obligations of the Borrower under the Loan Agreement, upon
RESOLUTION NO.
request of the holders of the Note and being indemnified to the satisfaction of the City for
all expenses and claims arising therefrom, and to perform all covenants and other
provisions pertaining to the City contained in the Note and the Loan Agreement and
subject to Section 3.4.
3.4. Nature of Security. Notwithstanding anything contained in the Note, the
Security Documents or any other document referred to in Section 2.4 to the contrary,
nothing in this resolution or in the documents prepared pursuant hereto shall authorize the
expenditure of any municipal funds on the Project or the Note other than the revenues
derived from the Project. The Note shall not constitute a charge, lien or encumbrance,
legal or equitable, upon any property or funds of the City except the revenue and
proceeds pledged to the payment thereof, nor shall the City be subject to any liability
thereon. The holder of the Note shall never have the right to compel any exercise of the
taxing power of the City to pay the outstanding principal on the Note or the interest
thereon, or to enforce payment thereof against any property of the City. The Note shall
recite in substance that the Note, including interest thereon, is payable solely from the
revenue and proceeds pledged to the payment thereof. The Note shall not constitute a
debt of the City within the meaning of any constitutional or statutory limitation.
However, nothing in the Act impairs the rights of the holders of the Note to enforce the
covenants made for the security thereof as provided in this Resolution, the Loan
Agreement and the Pledge Agreement, and in the Act, and by authority of the Act, the
City has made the covenants and agreements herein for the benefit of the purchaser;
provided that in any event, the agreement of the City to perform or enforce the covenants
and other provisions contained in the Note, the Loan Agreement and the Pledge
Agreement shall be subject at all times to the availability of revenues under the Loan
Agreement sufficient to pay all costs of such performance or the enforcement thereof, and
the City shall not be subject to any personal or pecuniary liability thereon.
Section 4. Miscellaneous.
4.1. Severability. If any provision of this Resolution shall be held or deemed
to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in
any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts
with any provisions of any constitution or statute or rule or public policy, or for any other
reason, such circumstances shall not have the effect of rendering the provision in question
inoperative or unenforceable in any other case or circumstance, or of rendering any other
provision or provisions herein contained invalid, inoperative, or unenforceable to any
extent whatever. The invalidity of any one or more phrases, sentences, clauses or
paragraphs in this .Resolution contained shall not affect the remaining portions of this
Resolution or any part thereof.
4.2. Authentication of Transcript. The Officials are directed to furnish to
Bond Counsel certified copies of this Resolution and all documents referred to herein,
and affidavits or certificates as to all other matters which are reasonably necessary to
evidence the validity of the Note. All such certified copies, certificates and affidavits,
including any heretofore furnished, shall constitute recitals of the City as to the
correctness of all statements contained therein.
RESOLUTION NO.
4.3. Authorization to Execute Agreements. The forms of the proposed Loan
Agreement and the Pledge Agreement are hereby approved in substantially the form
heretofore presented to the Board, together with such additional details therein as may be
necessary and appropriate and such modifications thereof, deletions therefrom and
additions thereto as may be necessary and appropriate and approved by Bond Counsel
prior to the execution of the documents, and the Officials are authorized to execute the
Loan Agreement and the Pledge Agreement in the name of and on behalf of the City and
such other documents as Bond Counsel consider appropriate in connection with the
issuance of the Note. In the event of the absence or disability of the Officials, other such
officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall
without further act or authorization of the Board do all things and execute all instruments
and documents required to be done or executed by such absent or disabled Officials. The
execution of any instrument by the appropriate officer or officers of the City herein
authorized shall be conclusive evidence of the approval of such documents in accordance
with the terms hereof.
December 12. 2005
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.
G
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City Coune l Agenda Items No. r
I
i
i
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Ronald A. Warren, Planning and Zoning Sp cialist
SUBJECT: Ordinance Amending Chapter 35 of the City Ordinances Regarding the
Zoning Classification of Certain Land (Easterly of Brooklyn Boulevard
Between I -94 and 69` Avenue North)
DATE: December 6, 2005
On the December 12, 2005 City Council agenda is the second reading and public hearing
for an ordinance amending Chapter 35 of the City Ordinances Regarding the Zoning
Classification of Certain Land (easterly of Brooklyn Boulevard between I -94 and 69
Avenue North). This ordinance amendment relates to a PUD /C2 rezoning of three
contiguous lots located easterly of Brooklyn Boulevard between I -94 and 69 Avenue
North and development plan approval for a two phase redevelopment and expansion of
the Brookdale Dodge automobile dealership and the former Ryan Olds property. This
Planned Unit Development was proposed by the Luther Company Limited Partnership
and was approved by the City Council on November 14, 2005 under Council Resolution
No. 2005 -156.
The last action for any rezoning is to describe the property being rezoned under its new
zoning classification in the zoning ordinance. This is the purpose of the above ordinance
amendment, which also had a first reading on November 14, 2005.
The legal description used in the ordinance amendment is that which is established by the
replatting of the property under consideration. The final plat approval by the City Council
and the filing of the plat with Hennepin County are necessary to create a new legal
description. This has not yet been accomplished and until it has been accomplished, the
legal description used in the ordinance amendment does not exist.
It is recommended that the City Council open the public hearing, take comments on the
ordinance amendment and table it to their first meeting in January, at which time the final
plat may be before the City Council.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 12th day of December, 2005, at 7:00
p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway,
to consider an Ordinance Amending Chapter 35 of the City Ordinances regarding the zoning
classification of certain land (easterly of Brooklyn Boulevard between I -94 and 69` Avenue North).
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance.
Please contact the City Clerk at 763 -569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND
(EASTERLY OF BROOKLYN BOULEVARD BETWEEN 1 -94 AND 69TH
AVENUE NORTH)
THE CITY COUNCIL, OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is
hereby amended in the following manner:
Section 35 -1190. COMMERCE DISTRICT (C2). The following properties are
hereby established as being within the (C2) Commerce District zoning classification:
That paft of Tr-aet A, Registefed Land Sufvey No. 595 1�ing west of the
th wes li of 1 t1, 1, n T2l T f fSVl 7 S se Additi ex ta,- de a
t t J
mot, gM li t t o e ftb, li n e e f Tf et Ne.
bets I t hfeugh 4, Bleek 3 d b tL,.-.,,,rth 10 ,a T21 2� th ,..�,•tie of
Halifax Avenue 1jing between these a4l within N—ef Additiefl.
1V V ag
T, t D T .,,-,mil Registered S e Ne
Tr A, Registered b and C',,, ey No 1020
T t B and f` D stefe Land C,,, yey N e. _S
ORDINANCE NO.
That paA of 3, Auditer-'s Subdivision No. 25, deser-ibed as follows: Geaffneneiflg
t in the nei4h line of Seetion 34 distaHt q5 1.717 feet west ftem the aeA.-heast eefner- a
the neAhwest 1/4 of said Seetion thenee south a- distanee of 289,74 feet ffoni the n
1' F C t' 3 4 th en e e t 1 a r U of+
1101 to a nd 2 7 f e .-tb, 1
of Se tien 3
th enee east along said
tion line te thetaint of be -,pt f ead and-highway.
Section 35 -1240. PLANNED UNIT DEVELOPMENT D ISTRICT PUD The
following properties are hereby established as being within a (PUD) Planned Unit Development
zoning classification:
4. The following properties are designated as PUD /C2 (Planned Unit
Development /Commerce):
Lot 1, Block 1. Chrysler Realtv Addition
Lots 1 and 2. Block 1. Bri Mar 2nd Addition.
Section 2. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of 2005.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(keeut indicates matter to be deleted, underline indicates new matter.)
r �r
l
City Co until Agenda Item No.
r
t
w
i K
f
IF r
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION ADOPTING CAPITAL IMPROVEMENT PROGRAM
WHEREAS, the City Council of the City of Brooklyn Center annually adopts a five
year Capital Improvements Program; and
WHEREAS, the City Council has conducted a public hearing on the proposed
2006 -2010 Capital Improvements Program; and
WHEREAS, attached hereto and incorporated herein by reference as exhibit A is the
documentation for the said 2006 -2010 Capital Improvements Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the 2006 -2010 Capital Improvements Program as set forth in exhibit A to this
resolution be and hereby is adopted.
December 12, 2005
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City of Brookfyn Center
2006 -2010 CAPITAL IMPROVEMENT PROGRAM
PROFILE
The Capital Improvement Program (CIP) is a planning document that presents a five -year overview of
scheduled capital projects to address the City's goals for maintaining public infrastructure. The CIP includes a
long -term financing plan that allows the City to allocate funds for these projects based on assigned priorities.
The five -year horizon of the CIP provides the City with an opportunity to evaluate project priorities annually
and to adjust the timing, scope and cost of projects as new information becomes available. The information
contained in this plan represents the City's best estimate of improvement costs based on present knowledge
and expected conditions.
A capital improvement is defined as a major non recurring expenditure related to the City's physical facilities
and grounds. The 2006 -2010 CIP makes a concerted effort to distinguish between major maintenance projects
contained in the City's operating budgets and capital improvement projects financed through the City's capital
funds and proprietary funds. Typical expenditures include the cost to construct roads, utilities, parks, or
municipal structures.
The CIP is predicated on the goals and policies established by the City Council, including the general
development, redevelopment, and maintenance policies that are part of the City's Comprehensive Plan. A
primary objective of the CIP is to identify projects that further these goals and policies in a manner consistent
with funding opportunities and in coordination with other improvement projects.
2006 -2010 CIP OVERVIEW
The 2006 -2010 CIP proposes capital expenditures totaling $31 million for basic improvements to the City's
streets, parks, and public utilities. The CIP begins with a series of tables and charts that provide an overview
of scheduled projects by function and anticipated funding sources.
Types of CIP Projects
Table 1 summarize capital expenditures by functional area for the five -year period of 2006 -2010. A brief
description of the four functional areas is provided below.
Public Utilities
The City operates five utility systems, four of which have projects included in the CIP water, sanitary sewer,
storm drainage, and street lighting. Nearly 90 percent of the public utilities are constructed in conjunction with
street reconstruction projects. The remaining portion of public utilities projects include improvements to well
houses, lift stations and force mains.
Park Improvements
Park improvements include the construction of trails, shelters, and other facilities that enhance general park
appearance and increase park usage by providing recreational facilities that meet community needs.
I
Public Buildings
Construction of municipal buildings and major renovations to existing buildings are considered capital
improvements. Major capital expenditures to public buildings are not anticipated during this five -year period.
Street Improvements
Street improvements include reconstruction of neighborhood streets with curb, gutter and sidewalks and
reconstruction of arterial and collector streets. As noted earlier, street improvements are often accompanied by
replacement of public utilities.
TABLE 1 Capital Improvement Program
Summary by Functional Area
2006 I 2007 2008 2009 2010
PUBLIC UTILITY IMPROVEMENTS:
Water Utility Capital Projects $676,300 $825,200 $950,800 $915,200 $880,300
Sanitary Sewer Utility Capital Projects $629,700 $1,415,700 $1,198,900 $916,100 $922,000
Storm Drainage Utility Capital Projects $615,900 $903,600 $1,703,400 $1,045,700 $699,800
Street Lighting Utility Capital Projects $40,000 $75,000 $112,500 $83,000 $78,000
SUBTOTAL $1,961,900 $3,219,500 $3,965,600 $2,960,000 $2,580,100
1 PARK IMPROVEMENTS I $465,700 I $186,3001 $207,0001 $119,0001 $0
PUBLIC BUILDINGS I I $0 I $01 $01 $01 $0
1
STREET IMPROVEMENTS $1,905,6001 $3,546,1001 $4,163,8001 $3,695,3001 $2,135,800
TOTAL I $4,333,200 1 $6,951,9001 $8,336,4001 $6,774,3001 $4,715,9001
CIP Funding Sources
Capital expenditures by funding source for the five -year period are shown in Table 2 and the accompanying
chart. Major funding sources are described below.
Public Utility Funds
Customers are billed for services provided by the City's water, sanitary sewer, storm sewer, and street lighting
public utilities. Fees charged to customers are based on operating requirements and capital needs to ensure that
equipment and facilities are replaced to maintain basic utility services. Annually the City Council evaluates
the needs of each public utility system and establishes rates for each system to meet those needs. A more
detailed analysis of the fees and charges is provided with each public utility budget section and a five -year cash
flow projection is included in the Appendix. Note that projected capital outlay expenditures may include
capital items from the operating budget not covered by the CIP.
Capital Projects Fund
This fund is comprised of transfers from the General Fund, repayment of debt from the Golf Course operating
fund, and transfers from liquor operations. Typically the City Council has directed these funds towards
municipal facilities such as parks, public buildings and other general purpose needs. The projected five -year
cash flow of the Capital Projects Fund is provided in the Appendix section.
Special Assessment Collections
Properties benefiting from street improvements are assessed a portion of the project costs. Every year the City
Council establishes special assessment rates for projects occurring the following year to maintain the relative
proportion of special assessments to other funding sources.
Street Construction Fund
The Street Construction Fund provides for the cost of local street improvements along roadways that are not
designated as municipal state aid routes. A majority of the revenue for this fund is generated from general
fund transfers and franchise fees charged for the use of public right -of -way by natural gas and electric utility
companies. The City's ability to provide adequate revenue for the Street Construction Fund is the main
limiting factor in determining the rate at which future street and utility improvements can be accomplished and
ultimately the ability to complete the Neighborhood Improvement Program by the year 2018.
Municipal State Aid (MSA) Fund
State shared gas taxes provide funding for street improvements and related costs for those roadways identified
as MSA streets. The City has 21 miles of roadway identified as MSA streets and is therefore eligible to
receive monies based on this designation. The annual amount available is approximately $800,000 and
provides for debt service, maintenance and construction activities within the City's MSA street system.
TABLE 2 Capital Improvement Program
Summary by Funding Source
2005 2006 I 2007 2008 2009 I TOTAL
Water Utility $676,300 $825,200 $950,800 $915,200 $880,300 $4,247,800
Sanitary Sewer Utility $629,700 $1,415,700 $1,198,900 $916,100 $922,000 $5,082,400
Storm Drainage Utility $615,900 $903,600 $1,703,400 $1,045,700 $699,800 $4,968,400
Street Lighting Utility $40,000 $75,000 $112,500 $83,000 $78,000 $388,500
Municipal State Aid $302,300 $1,161,700 $377,900 $1,072,600 $0 $2,914,500
Street Construction Fund $704,700 $1,185,900 $1,729,100 $1,080,500 $1,156,000 $5,856,200
Capital Projects Fund $465,700 $186,300 $207,000 $119,000 $0 $978,000
Special Assessment Collections $898,600 $1,198,500 $2,056,800 $1,542,200 $979,800 $6,675,900
TOTAL $4,333,200 $6,951,900 1 $8,336,4001 $6,774,300 1 $4,715,9001 $31,111,700
Capital improvement Program by Funding Source
Special Water
Assesserrents 14%
21%
Sanitary
Capital
16%
Proi. Fund
3% H s
m g w,.
A
Street Const.
Fund Storm Sewer
19% 16%
kbnicipai Street Light
State Aid
9% U04
1%
Table 3 provides an overview of projects and funding sources for the 2006 -2010 CIP. Annual breakdowns for
each project year are accompanied by a brief description of each project.
TABLE 3
CAPITAL IMPROVEMENT PROGRAM
Revised: December 5, 2005
Special Street MSA Storm Sewer Sanitary Sewer Water Street Light Capital Projects
Project Assessments Construction Fund Fund Utility Utility Utility Utility Fund Total
2006
Centerbrook Neighborhood $528,000 $601,500 $482,500 $461,000 $500,500 $40,000 $2,613,500
Earle Brown Drive $99,100 $103,200 $24,600 $86,700 $12,700 $326,300
Central Storage Facility Improv_ $465,700 $465,700
Humboldt Avenue $271,500 $302,300 $108,800 $82,000 $163,100 $927,700
Total 2006 $898,600 $704,700 $302,300 $615,900 $629,700 $676,300 $40,000 $465,700 $4,333,200
2007
Shingle Creek Parkway $102,400 1 $402,700 $54,400 $240,800 $54,400 $8,500 $863,200
Freeway Boulevard $385,900 1 $759,000 $129,800 $60,600 $23,500 $1,358,800
Lift Station No. 2 Force Main $330,000 $330,000
Kylawn Park Building $186,300 $186,300
Riverwood Neighborhood $710,200 $1,185,900 $719,400 $784,300 $747,300 $66,500 $4,213,600
Total 2007 $1,198,500 $1,185,900 $1,161,700 $903,600 $1,415,700 $825,200 $75,000 $186,300 $6,951,900
2008 1 2009
East River Neighborhood $463,700 $604,000 1 $711,700
$450,400 $129,200 1 $35,000 1 $2,394,000
Unity Avenue $128,700 $175,400 1 $54,400 $18,600 $36,600 1 1 $413,700
Maranatha Neighborhoo $858,800 $814,600 $698,500 $684,600 $729,000 $72,0 1 $3,857,500
Northway Drive $314 $135,100 $110,000 $7,400 $8,500 $575,600
West Palmer Park Building 1 $207,000 $207,000
Xerxes Avenue $291,000 1 $377,900 $128,800 1 $37,900 $47,500 $5,500 $888,600
Total 2008 $2,056,800 $1,729,100 $377,900 $1,703,400 $1,198,900 $950,800 $112,500 $207,000 $8,336,400
I
2009 2010
Twin Lk E Lakeside Neighborhood 1 $964,400 $1,080,500 1 $876,000 $844,000 $897,900 $76,000 $4,738,800
Northport Park Building $77,600 $77,600
Riverdale Park Building---- $41,400 $41,400
Dupont Avenue 1 $577,800 I $1,072,600 $169,700 $72,100 $17,300 $7,000 $1,916,500
Total 2009 $1,542,200 $1,080,500 $1,072,600 $1,045,700 $916,100 $915,200 $83,000 $119,000 $6,774,300
2010 2011
East Palmer Lake Neighborhood $979,800 $1,156,000 $699,800 $827,400 $_880,300 $78,000 $4,621,300
for S.
Emerg. Bypass L No. 6 $94,600 $94,600
Total 2010 $979,800 $1,156,000 $0 $699,800 $922,000 $880,300 $78,000 $0 $4,715,900
Street and Utility Improvement Program
77
Ifs!M.
r Year of Reconstruction
S 'a J
Completed
2006
2007
Miles of Total 2008 Primar
Completed to Date 55.3 52.5 2008 Secondary
2006-2010 19.3 18.3 2009/2010 Under
2011 -2018 30.6 29.2 Study
Totals 105.2 100 2010/2011
2011/2012
City of Brooklyn
BROOKLYN
TER Center
CEN
Centerbrook Neighborhood Improvements
2006
The Centerbrook Neighborhood Improvement
Project area is bounded by Highway 100 on the V„ AWN
west, Logan Avenue on the east, 57 Avenue on
the north and 55 Avenue on the south. The
project area contains a total of approximately
8645 linear feet of local streets. The
neighborhood consists of approximately 130
single family residential properties and 3
commercial properties.
Streets
The majority of the streets in the project area
were originally constructed in 1960 through
1968. Existing streets are generally 30 feet wide
with no curb and gutter. In 1998, new
pavement, storm sewer, sanitary sewer and portions of curb and gutter were installed along the
northern portion of North Lilac Drive. The existing street pavement is deteriorated throughout most
of the neighborhood due to the age of the pavement and inadequate drainage. Proposed street
improvements consist of the reconstruction of the street subgrade, installation of curb and gutter to
improve drainage and placement of bituminous street pavement.
Sanitary Sewer
The sanitary sewer within the neighborhood is 8 -inch diameter vitrified clay pipe originally installed
in 1960 and 1965. A vast majority of the sanitary sewer is subjected to frequent problems with root
intrusion. Root sawing must be performed on an annual basis to maintain the system conveyance
capacity. The condition of the sanitary sewer system within the neighborhood is rated as poor.
Complete replacement of all sanitary sewer pipes and access structures are proposed as part of the
project.
Water main
The existing water main in the Centerbrook Neighborhood area consists of 6 -inch and 8 -inch
diameter cast iron pipe (CIP) and 16 -inch diameter steel water main, installed between 1964 and
1968. Moderate corrosion of the cast iron water main has been noted within the project area. Two
water main breaks have occurred within the western portion of the project area. The City has also
received some reports of water quality problems from residents within the neighborhood. Much of
the cast iron water main would be disturbed during replacement of the sanitary sewer. Therefore, all
water main within the project area is scheduled for replacement.
Storm Sewer
An expansion of the storm drainage system within the project area is necessary to reduce local
flooding and help preserve street pavement. A majority of the project area currently drains to the
west and discharges into Shingle Creek through a series of undersized storm sewer pipes. The storm
sewer system along the northern portion of North Lilac Drive was constructed in 1998 and could be
preserved during reconstruction of the neighborhood. Water quality treatment measures should be
included in the reconstruction of the drainage system within the project area.
Project Summary
Capital Improvement Program
Earle Brown Drive Improvements
2006
IN 94
The Earle Brown Drive Improvement Project area
consists of the western and northern portions of Earle IZA
Brown Drive as shown on the adjacent site map. The
project area extends a total of 1495 feet and is surrounded
by commercial properties zoned C 1 A and C2. o
SL/Mmir DRI E
Streets W
The roadway is currently 30 feet wide with concrete curb
and gutter. The pavement and curb were originally
installed in 1981. The street pavement is in poor t
condition with a substantial amount of pavement cracks and surface raveling. The existing
concrete curb and gutter is in fairly good condition. Approximately 20 percent of the curb is
scheduled for replacement. Proposed street improvements consist of widening the street along the
northern portion of the roadway parallel to 1 -94 to allow on- street parking along one side of the
roadway. Other road improvements include full depth reclamation, installation of new pavement
and installation of new preformed pavement markings.
Water main
The existing water main along Earle Brown Drive consists of 12 -inch diameter cast iron pipe along
the northern portion of Earle Brown Drive that was installed in 1974 and 10 -inch diameter ductile
iron pipe along the western portion of Earle Brown Drive that was installed in 1981. City crews
excavated the CIP water main at two locations to perform a visual inspection for corrosion in 2005.
The cast iron water main along the project corridor appeared in good condition with little
corrosion. The proposed water main improvements are limited to extending two new service
laterals into the vacant lot along the southeastern side of Earle Brown Drive.
Sanitary Sewer
The sanitary sewer in the Earle Brown Drive project area is 8 -inch diameter pipe installed in 1981.
The proposed improvements include the replace of approximately 700 feet of sanitary sewer from
Summit Drive to M.H. 5 as shown on the existing record plans. This portion of sanitary sewer
would be replaced with 12 -inch diameter pipe installed at a lower elevation to facilitate future
development of the vacant lot. A visual inspection of the remaining portion of sanitary sewer will
be conducted during the winter of 2005. This segment of sanitary sewer is tentatively scheduled to
remain in -place and has not required extensive maintenance in recent years.
Storm Sewer
Storm sewer runoff from project area drains through a 27 -inch diameter reinforced concrete pipe
leading to the trunk main under Interstate 1 -94. The storm sewer will be televised to document the
condition of the existing underground pipes and structures. Staff anticipates that a majority of the
storm sewer is in good condition. The scheduled storm sewer improvements consist of new catch
basins to provide for the widening of the roadway and reconstructing the castings and rings at
catch basin structures that will not be relocated.
Project Summary
Capital Improvement Program
Humboldt Avenue North Improvements
2006
The Humboldt Avenue Improvement Project area `L
extends from 65` Avenue to 69` Avenue, a total of 8S, A
2560 feet. The properties surrounding this
segment of Humboldt are a combination of high
density residential (R5), commercial (C2) and the l
Brooklyn Center High School.
Streets
Humboldt Avenue is a Minnesota State Aid Route.
The street is currently 50 feet wide with concrete
curb and gutter on both sides. A concrete median
separates northbound and southbound traffic along
the south 440 feet of the project area. The last
major improvement to this street occurred in 1990
when a 2 -inch overlay was installed.
The street pavement is deteriorated and contains several patches from numerous water main breaks
that have occurred over the years. Proposed street improvements include replacement of
approximately all of the curb along the west side of the road to facilitate water main replacement,
spot repairs to the curb along the east side of the roadway, full depth reclamation of all pavement,
installation of new bituminous pavement, replacement traffic signal loops, and installation of
preformed pavement markings.
Water main
The existing water main along Humboldt Avenue consists of 8 -inch diameter cast iron pipe,
installed in 1961. Moderate to high corrosion rates have been noted near 69` Avenue. Several
water main breaks have occurred within the project area. Recent water main breaks at 65` Avenue
and in front of the Police Station resulted in significant damage to the street pavement. Various
repairs to hydrants and valves have also been necessary in recent years. All water main, valves
and hydrants are scheduled for replacement with the project.
Sanitary Sewer
The existing sanitary sewer along this portion of Humboldt Avenue is 8 -inch diameter VCP,
installed in 1961 (southern portion) and 1965 (northern portion). Rehabilitation work was
conducted in the early 1990s to seal some leaking joints. The sanitary sewer is scheduled to be
televised during the planning phase of the project. The southern portion of the sanitary sewer
system is tentatively scheduled for approximately 1500 feet of cured -in -place pipe lining.
Storm Sewer
The main line storm sewer in the Humboldt Avenue project area is 21 -inch and 27 -inch reinforced
concrete pipe (RCP), installed in 1962. In general, the storm sewer system along Humboldt
Avenue has operated well with minimal maintenance. Television inspections will document the
condition of the existing pipe. Scheduled storm sewer improvements include replacement of
castings and rings at all existing catch basin structures along Humboldt Avenue.
Project Summary
Capital Improvement Program
Shingle Creek Parkway Improvements
2007
The Shingle Creek Parkway project area extends from County
Road 10 to 400 feet south of John Martin Drive. The projecta`',a
area extends a total of 1828 feet in length and is bounded by
commercial properties and public open space.
Streets
This segment of roadway is a Municipal State Aid route. z
Shingle Creek Parkway is currently a four lane divided
roadway with curb and gutter. A concrete median runs the
length of the road dividing north and southbound traffic. The
existing pavement and curb were installed in 1969. The street
pavement and curb has deteriorated along the project corridor. CO RD NO 70 BASS LAKE RD 7
Concrete curb is beginning to disintegrate along the joints at
several locations within the project area.
The project area is adjacent to the proposed Opportunity Site Redevelopment Area that is currently
under study by the City of Brooklyn Center. Alternative street sections for Shingle Creek Parkway
are being considered as part of the study. The anticipated street improvements consist of the
replacement of all curb, concrete medians and full depth replacement of the existing bituminous
pavement.
Water main
The existing water main along the Shingle Creek Parkway consists of 16 -inch diameter cast iron pipe
and 8 -inch diameter water services originally installed in 1969. In 2005, water main along the
portion of Shingle Creek Parkway between John Martin Drive and 1 -694 at several locations during
reconstruction of the roadway. A condition survey by KLM consultants determined that this portion
of the water distribution system is generally in fair to good condition. Water main improvements
along the northern portion of Shingle Creek Parkway consisted of the replacement of bolts at tee
fittings and valves as well as the replacement of various hydrants. Similar water main repairs are
expected for the southern portion of Shingle Creek Parkway.
Sanitary Sewer
The existing sanitary sewer along Shingle Creek Parkway consists of 8 -inch diameter PVC, 12 -inch
diameter RCP and 12" DIP force main installed in 1969. Lift Station No. 9, located on the west side
of Shingle Creek Parkway, was replaced in 1999. Anticipated improvements to the sanitary sewer
system include the replacement of the sanitary force main from the lift station to the discharge point
south of County Road 10 and replacement of approximately 500 linear feet of the existing 8 -inch
diameter sanitary sewer to accommodate the proposed redevelopment plan.
Storm Sewer
The Shingle Creek Parkway project area has two main segments of storm sewer main. The first
segment is 54 -inch diameter reinforced concrete pipe (RCP) installed in 1969. The second segment is
15 -inch diameter RCP installed in 1981. Both lines drain to Shingle Creek. Anticipated storm sewer
improvements consist of replacing approximately 400 feet of storm sewer pipe and installation of an
in -line water quality treatment device to provide some treatment of storm water prior to discharging
into Shingle Creek.
Project Summary
Capital Improvement Program
Freeway Boulevard Improvements
2007
The Freeway Boulevard Improvement Project extends from the bridge over Shingle Creek to
Camden Avenue. The project also includes the portion of James Circle and Shingle Creek
Parkway south of Freeway Boulevard as shown on the figure above. The total project length is
7650 feet. Freeway Boulevard is a Municipal State Aid Route. Adjacent land uses include
industrial, commercial, and residential properties.
Streets
The Freeway Boulevard street section is currently 40 to 65 feet wide with concrete curb and
gutter. The original pavement and curb were installed between 1963 and 1970. Extensive
repairs were made to the pavement and curb in 1990 (City Project Number 1989 -26). The 1990
improvements included widening the street, placing a 2 -inch overlay over existing pavement and
replacement of curb along Freeway Boulevard from 400 feet west of Shingle Creek Parkway to
Fremont Avenue. The pavement has deteriorated as expected given the higher volumes of truck
and bus traffic using this roadway.
Proposed street improvements consist of replacing all curb between the bridge and 400 feet west
of Shingle Creek Parkway. Complete curb replacement is also proposed along Freeway Blvd
between Fremont Avenue and Camden Avenue. Approximately 50 percent of curb is scheduled
for replacement along James Circle. The remaining portions of curb should require only minor
spot repairs based on a recent condition assessment. Pavement improvements along Freeway
Boulevard consist of full depth pavement replacement from the bridge over Shingle Creek to
Humboldt Avenue and a 3 -inch mill and overlay from Humboldt to Camden. A 3 -inch mill and
overlay is also proposed along James Circle.
Water main
The existing water main along Freeway Boulevard consists of 8 -inch diameter cast iron pipe
(installed in 1961 and 1969) east of Shingle Creek Parkway and 12 -inch diameter cast iron pipe
(installed in 1974) west of Shingle Creek Parkway. The condition of this water main is generally
good. Water main breaks have occurred near the intersection of Freeway Boulevard and
Humboldt Avenue. The replacement of water main at this intersection is included in the
proposed Humboldt Avenue Improvements scheduled for 2006. Proposed water main
improvements consist of the replacement of miscellaneous valves and hydrants within the project
area.
Project Summary
Capital Improvement Program
Freeway Blvd Improvements Continued
Sanitary Sewer
The existing sanitary sewer along Freeway Boulevard was originally installed between 1960 and
1974. 10 -inch diameter sewer extends from Shingle Creek Parkway to Humboldt Avenue.
Between Humboldt and Dupont, the sanitary sewer reduces down to an 8 -inch diameter pipe to
the east. Several spot repairs to the sanitary sewer were completed along Freeway Boulevard
during the 1990 improvement project. Lift Station No. 10, located east of Shingle Creek on
Freeway Blvd, was reconstructed in 1985.
At this time, replacement of sanitary sewer is not anticipated with the proposed project. A
televising inspection of the system is necessary to determine if additional sanitary sewer repairs
are warranted to supplement to repairs completed in 1990. In -line flow monitoring will need to
be completed along the segment of sanitary sewer between Humboldt Avenue and Dupont
Avenue to determine if this segment of 8 -inch diameter sewer has sufficient capacity for the
existing land use conditions. This portion of sanitary sewer should be replaced if flow
monitoring data indicates that the smaller diameter sewer is at or near capacity.
Storm Sewer
Two trunk storm sewers extend through the project area. A 36 -inch diameter reinforced concrete
pipe sewer (installed in 1974) conveys runoff from the intersection of Shingle Creek Parkway
and Freeway Boulevard into Shingle Creek. The second trunk storm sewer consists of 60, 66,
and 72 -inch diameter reinforced concrete pipe that conveys runoff from south of I -694 and along
Freeway Boulevard, eventually discharging to the Mississippi River. In 1990, additional catch
basins were added and several existing storm sewer structures were relocated to allow for
widening of the street. Proposed storm sewer improvements are limited to replacing catch basin
castings and rings at various locations unless televising inspections reveal structural problems
within the drainage system.
Project Summary
Capital Improvement Program
Riverwood Neighborhood Improvements
2007
is The Riverwood Neighborhood project area is bounded by Highway 252 on
the west, 73` Avenue on the north, Interstate 694 on the south and the
Mississippi River on the east. The project area includes a total of 12,320
feet of local streets. The neighborhood consists of approximataely 159
single family residential properties, 7 multifamily residential lots (zoned
R5) and the Riverwood Townhome complex (zoned R3).
Streets
The streets in the Riverwood project area are approximately 30 feet wide K
with no curb and gutter. A majority of the streets within the neighborhood p
were originally installed between 1961 and 1968. The portion of Dallas
Road between 72 and 73` Avenue was partially reconstructed in 1985.
The street pavement condition is considered very poor throughout most of t
the neighborhood. Street improvements are anticipated to include
installation of subgrade stabilization materials, drain tile, curb and gutter,
concrete driveway aprons, and new bituminous pavement.
Water main
The water main in the Riverwood project area consists of 6 -inch, 8 -inch and
10 -inch diameter cast iron pipe (CIP) installed between 1961 and 1968.
High corrosion rates have been noted within the project area due to the
presence of clay and organic soil materials. Several water main breaks have
occurred throughout the neighborhood over the past 20 years. Proposed water main improvements
include the replacement of all conveyance pipes, valves, fittings and hydrants.
Sanitary Sewer
The sanitary sewer serving most of the Riverwood project area is 8 -inch diameter vitrified clay pipe. A
reinforced concrete pipe trunk sanitary sewer extends through the neighborhood from Highway 252 at
70` Street to Willow Lane and continues south along illow Lane to Interstate 694. A m of the
g l h'
sanitary sewer was installed between 1960 and 1968. Lift Station No. 7, located along Willow Lane,
was replaced in 1990. The existing 8 -inch diameter sanitary sewer throughout most of the
neighborhood is in poor condition. A vast majority of the 8 -inch diameter sanitary sewer is subjected
to frequent problems with root intrusion. Root sawing must be performed on an annual basis to
maintain the system conveyance capacity. The proposed sanitary sewer improvements include
replacement of existing 8 -inch diameter sanitary sewer pipe and existing access structures, including
the replacement of sanitary sewer located within the boulevard along West River Road. Cured -in -place
lining of the trunk sanitary sewer may be necessary based on televising inspections scheduled to be
conducted in 2006.
Storm Sewer
Two large diameter trunk storm sewer lines convey storm water drainage from areas west of Highway
252 through the Riverwood neighborhood and discharge to the Mississippi River. Segments of these
trunk storm sewers could be preserved during reconstruction of the neighborhood. The remaining
portion of the neighborhood is drained by small diameter storm sewer constructed in the early 1960s.
Much of the small diameter storm sewer must be reconfigured to reduce local flooding and preserve
street pavement. Water quality treatment measures should be included in the reconstruction of the
drainage system within the project area to treat runoff prior to discharging into the river.
Project Summary
Capital Improvement Program
Lift Station No. 2 Force Main Improvements
2007
e
Lift Station No. 2, located along Lyndale Avenue, receives wastewater flow from a service area of
approximately 1,680 acres or approximately 30 percent of the city. Wastewater is then pumped into
a force main that conveys the flow south from the lift station to a point approximately 700 feet south
of 53` Avenue in Minneapolis. The force main then crosses under Interstate Highway 94 and
discharges to a Metropolitan Council Environmental Services (MCES) interceptor located on the
west side of Interstate Highway 94.
The portion of the force main extending from the lift station to the highway crossing was originally
installed in 1959. The force main crossing under the highway was replaced around 1980 during
expansion of Interstate 94. As -Built record plans for the newer segment of force main under the
highway are not available in the City's engineering records. Sewer utility staff members have
indicated that this segment of force main was constructed with ductile iron pipe.
Significant leakage or breakage of the force main along the Mississippi River poses risk of
environmental impacts to surrounding surface waters. Wastewater discharged from a break of this
force main would be released directly into the Mississippi River. Emergency by -pass pumping
would be very difficult to implement. The installation of temporary piping or hoses from the lift
station, across the 53` Avenue Bridge, to the downstream MCES interceptor would require several
hours to implement in order to by -pass the existing force main.
The proposed force main replacement project would consist of constructing approximately 2000 feet
of 16 -inch diameter ductile iron force main parallel to the existing force main alignment. The
feasibility study for the project should investigate the possibility of maintaining the existing force
main for use as an emergency by -pass line. Replacement of the force main will require coordination
with the City of Minneapolis, the Minnesota Department of Transportation, and Three Rivers Park
District.
Project Summary
Capital Improvement Program
East River Improvements
2008/2009
The East River project area extends from Dupont Avenue to Z
Interstate 94 and from 59` Avenue to 57` Avenue. The x
project area contains a total of 7850 linear feet of local L
streets. The neighborhood consists of approximately 108
residential properties. Av
Streets
The majority of the streets in the project area were
originally constructed in 1968 through 1969. Existing
streets are generally 30 feet wide with no curb and gutter.
The street pavement is deteriorated throughout most of the neighborhood due to the age of the pavement
and inadequate drainage. Proposed street improvements consist of the reconstruction of the street
subgrade, installation of curb and gutter to improve drainage and full depth replacement of bituminous
street pavement.
Water main
The existing water main in the East River Neighborhood area consists of 6 -inch, 8 -inch and 10 -inch
diameter cast iron pipe (CIP) throughout the project area and 24 -inch diameter steel water main along
59` Avenue. A majority of the existing CIP waterman was installed between 1964 and 1968 and is
believed to have an internal lining. New segments of 8 -inch diameter water main and sanitary sewer
were installed on the southern part of Camden Avenue as part of the 1996 -06 project. A condition
survey must be conducted for the existing water system in the neighborhood to determine the extent of
corrosion. The water main is in fair condition based on current maintenance records. The current project
cost estimate includes replacement of approximately 50 percent of the water main due to isolated areas of
corrosion or as necessary to allow for the replacement of sanitary sewer and trunk storm sewer within the
neighborhood.
Sanitary Sewer
The existing sanitary sewer consists of 8 -inch diameter vitrified clay pipe lateral sewers along local
streets and a 12 -inch diameter reinforced concrete trunk sewer along the Xcel easement between 57`
Avenue and 58` Avenue. These sewers were originally installed between 1959 and 1962.
Approximately 75 percent of the sanitary sewer is subjected to frequent problems with root intrusion.
Root sawing must be performed on an annual basis to maintain the system conveyance capacity. The
condition of the sanitary sewer system within the neighborhood is rated as poor. Complete replacement
or cured -in -place lining of the sanitary sewer system is proposed as part of the project.
Storm Sewer
A substantial portion of the southeastern section of the city drains through two trunk storm sewers
located along 59"' Avenue and along the west side of Interstate 94. These trunk storm sewers, installed
in 1952, are under -sized and do not provide sufficient capacity to convey storm water runoff through the
neighborhood and under Interstate 94. The installation of new trunk storm sewers along Camden
Avenue, 59` Avenue and under I -94 is necessary to prevent local flooding. An engineering consultant is
currently preparing a feasibility study for the installation of these new trunk storm sewers. The study is
expected to be completed by July 2006. The current project cost estimate includes the allocation of
water main replacement costs along Camden and 59` Avenue to the Storm Sewer Utility.
Project Summary
Capital Improvement Program
Unity Avenue North Improvements
2008/2009
The Unity Avenue project area extends from 69"' Avenue to the north city
limits. The total project length extends a total of 2860 feet. Adjacent land
uses are primarily multifamily residential (R3) zoned properties.
Streets
The existing street is bituminous pavement with concrete curb and gutter.
This street was constructed in 1977 and 1978. Unity Avenue is a public
street. The adjacent roadways, including 70' Circle, 71 Circle and 72aa
Circle are private streets. Maintenance of the private streets is the
responsibility of the various townhome associations within the
neighborhood.
The existing pavement has deteriorated, but a majority of the existing curb
is in fair to good condition. Normally, this project would only involve
minor spot repairs to existing curb and full depth replacement of existing pavement. However, water
main improvements as described below may require replacement of additional curb to provide for the
replacement of new water services. The current project estimate includes only minor repairs to the
existing water main and therefore does not include replacement of all curb along Unity Avenue.
Water main
The existing water main along Unity Avenue consists of 10 -inch diameter ductile iron pipe installed in
1977 and 1978. Soils in the project area tend to have higher clay content and are more corrosive than the
sand based materials found in most areas of the City. Although the existing water main is constructed
with more modern pipe material, ductile iron pipe was generally not rapped in polyethylene sheeting
during the late 1970s. Therefore the pipe is more susceptible to corrosion than ductile iron pipe installed
today. Water records indicate that three water main breaks have occurred within the neighborhood since
1990.
Test pits should be excavated along the water main alignment in order to inspect the condition of fittings
and determine the rate of corrosion. The capital improvement plan should then be updated with more
detailed estimates for the extent of work that is justified to maintain the water system. The current
estimate includes only the cost for replacing hydrants, hydrant leads and bolts on tee fittings. Anodes
would generally also be installed as part of project improvements.
Sanitary Sewer
The existing sanitary sewer along Unity Avenue consists of 8 -inch and 10 -inch diameter PVC pipe. No
substantial maintenance problems have been noted within the sanitary sewer serving the neighborhood. A
televising inspection during the planning phase of the project will be necessary to identify any repair
issues. The current project estimate only includes the replacement or adjustment of sanitary sewer
structure castings.
Storm Sewer
Storm water runoff drainage within the neighborhood is collected and conveyed to the adjacent ponds
through reinforced concrete pipe storm sewers. The existing storm sewers are in fair to good condition.
The current project estimate includes the replacement or reinstallation of castings and rings at storm
sewer catch basin structures.
Project Summary
Capital Improvement Program
Maranatha Neighborhood Improvements
2008/2009
The Maranatha Neighborhood Improvement
Project area is bounded by the western city 7
limits Noble Avenue on the east Interstate
94 on the south and 69 Avenue on the
north. The total project length is 12,386 A E TH
feet. The neighborhood consists of
approximately 198 residential properties and
2 commercial properties. v
INTERSTATE 94
Streets
A majority of the streets in the Maranatha Neighborhood are currently 30 feet wide with no curb
and gutter. Pavement was originally installed between 1954 and 1960. The street pavement is
deteriorated throughout most of the neighborhood due to the age of the pavement and inadequate
drainage in most areas. Proposed street improvements consist of the installation of curb and
gutter to improve surface drainage and replacement of bituminous street pavement.
Water main
The water main in the Maranatha project area consists of cast iron pipe installed between 1956
and 1974. Water records indicate that four main breaks have occurred within the neighborhood.
Minor water quality problems have also been reported by residents. Proposed water main
improvements include replacement of water mains and services throughout the neighborhood.
Replacement of water main along 69"' Avenue and the crossings under Interstate 94 are not
included within the scope of this project.
Sanitary Sewer
The sanitary sewer within the neighborhood consists of 8 -inch diameter vitrified 'clay pipe
installed between 1956 and 1966. A majority of the sewer is subjected to frequent problems with
root intrusion. Root sawing must be performed on an annual basis to maintain the system
conveyance capacity. Complete replacement of all sanitary sewer pipes and access structures is
proposed as part of the project.
Storm Sewer
An expansion of the storm drainage system within the project area is necessary to reduce local
flooding and preserve street pavement. Storm water runoff from the western portion of the
neighborhood currently drains overland to a corrugated metal pipe storm sewer along 68` Avenue
eventually discharging into Toledo Avenue in Brooklyn Park. Runoff from the western portion
of the project area drains to one small diameter storm sewer system at the intersection of Orchard
Avenue and 68 Avenue.
Proposed storm sewer improvements include replacement of the undersized storm main along the
eastern boundary of the project, replacement of all corrugated metal storm sewer pipe and
expansion of lateral storm sewer pipes to collect runoff from each street within the neighborhood.
Preliminary project design should also include the evaluation of installing in -line water quality
treatment devices to partially treat storm water runoff prior to discharging from the neighborhood.
Project Summary
Capital Improvement Program
Northway Drive Improvements
2008/2009
The Northway Drive Improvement Project
area extends from County Road 10 to 4
Shingle Creek as shown on the adjacent No W
figure. The total project length is 2413 feet. y k��� q oR 0
Adjacent land uses include commercial
(CIA and C2), and high density residential
(R5) properties. co RD No ,o
1y I
Streets
The existing streets within the project area have bituminous pavement with concrete curb and
gutter. These street segments were constructed in the 1967 and 1969. The current pavement
condition is poor due to normal deterioration and several street patches due to underground
utility work. A majority of the existing curb and gutter within the project area is highly
deteriorated. Proposed street improvements include the replacement of 75 to 100 percent of
the existing curb and full depth pavement replacement.
Water main
The existing water main within the project corridor consists of 8 -inch and 10 -inch diameter
cast iron pipe installed in 1967 and 1969. The water main within the project area is generally
in good condition. Water main repairs should be limited to the replacement of miscellaneous
valve and hydrants based on current conditions as of 2005.
Sanitary Sewer
The existing sanitary sewer within the project corridor consists of 8 -inch vitrified clay pipe
and 8 -inch Armco truss pipe installed in 1967 and 1969. Substantial problems with the
sanitary sewer in the project area have not been noted at this time. The sanitary sewer is
scheduled to be televised during the planning phase of the project. The current project
estimate includes only minor repairs to the sewer system and replacement of structure
castings.
Storm Sewer
The storm sewer system along the western portion of Northway Drive drains to the Xerxes
Avenue drainage system. The storm sewer along the eastern portion of Northway Drive
flows east and discharges directly into Shingle Creek. Scheduled storm sewer improvements
include the replacement of piping near the eastern intersection of County Road 10,
replacement of catch basin castings and the potential installation of an in -line storm water
treatment structure.
Project Summary
Capital Improvement Program
Xerxes Avenue Improvements
2008/2009
The Xerxes Avenue Improvement Project area includes Xerxes Avenue
from Shingle Creek Parkway to the I -694 bridge, Xerxes from Northway��j
Drive to T.H. 100, 55"' Avenue and 56"' Avenue as shown on the adjacent t
figures. The total project length is 4900 feet. Adjacent land uses are
CC Rb ND 10
primarily commercial (CIA and C2) with some multifamily residential
properties near Shingle Creek Parkway and Northway Drive.
Streets N
The existing streets within the project area have bituminous pavement with
concrete curb and gutter. A majority of these street segments were
constructed in the early 1960s. The current pavement conditions range
from very poor on the north end and fair to poor on the south end of the I
project area. A majority of the curb along the southern end of the project is
highly deteriorated.
NIP
The The proposed improvements, based on a recent condition survey, include
the replacement of 50 to 75 percent of the existing curb along Xerxes
Avenue south of Northway Drive and minor spot repairs to curb along 55"` and 56"' Avenues. Pavement
improvements include a 3 -inch mill and overlay along the portion of Xerxes north of I -694 and full depth
pavement replacement along the remaining portion of Xerxes Avenue as well as 55"' and 56"' Avenues.
Water main
The existing water main within the project corridor consists of 12 -inch diameter cast iron pipe (installed in
1961) along Xerxes Avenue and 6 -inch diameter cast iron pipe along 56 Avenue. Public water main is not
located within 55"' Avenue. The condition of the existing water main is generally good, except for high
corrosion issues near T.H. 100. Proposed water main improvements include the replacement of 12 -inch
diameter water main along Xerxes Avenue between 55"' Avenue and T.H. 100. The project cost estimate
also includes the replacement of some miscellaneous valves and hydrants as necessary.
Sanitary Sewer
The existing sanitary sewer within the project corridor consists of 8 -inch diameter vitrified clay pipe
installed in 1964. Sanitary sewer is not located within 55'" and 56"' Avenues. The current condition of
sanitary sewer is generally fair to good throughout most of the project area. The sanitary sewer is scheduled
to be televised during the planning phase of the project. The current project estimate includes the
installation of approximately 800 feet of cured -in -place pipe for spot repairs to the system and replacement
of existing structure castings.
Storm Sewer
A trunk storm sewer line extends down Xerxes Avenue south of County Road 10 and discharges to the
regional storm water treatment system within the Centerbrook Golf Course. The portion of Xerxes Avenue
north of County Road 10 drains eastward into Shingle Creek. A televising inspection must be performed to
documents the condition of the existing pipe. The storm sewer system along Xerxes Avenue has not
required extensive maintenance in the past. The anticipated drainage improvements include replacement of
catch basin castings and minor pipe repairs.
Project Summary
Capital Improvement Program
Twin Lake East Lakeside Neighborhood Improvements
2009/2010
The north portion of the Twin Lake East Lakeside Neighborhood project ~y
area extends from County Road 10 to 55"' Ave, and from Admiral Lane to
Brooklyn Blvd. The south portion of the project area extends from 53
Ave. to 50 Ave., and from East Twin Lake Blvd to Highway 100. The
total project length is 14,914 feet. The neighborhood consists of
approximately 213 residential properties (R1 and R4) and 3 commercial TM
properties (C 1).
4
Streets
The majority of the streets in the project area were originally constructed in
1965 and 1967. Existing streets are generally 30 feet wide with no curb
and gutter. The service road along Brooklyn Boulevard is currently 25 feet
wide. The street pavement is deteriorated throughout most of the
neighborhood. The overall pavement condition rating is fair to poor.
Proposed street improvements consist of the reconstruction of the street
subgrade, installation of curb and gutter to improve drainage and
placement of bituminous street pavement.
Water main
The existing water main in the north portion of the project area is 6 -inch diameter cast iron pipe installed in
1965 and 10 -inch diameter main along County Road 10. The south portion of the project area contains 6-
inch and 8 -inch diameter cast iron pipe installed in 1966 and 1967. A majority of the existing water main is
believed to have a cement based internal liner. The corrosion rate within the project area has not been
thoroughly documented at this time. However, there is a history of water main breaks along East Twin
Lake Blvd, Great View Avenue and County Road 10. The current project estimate includes replacement of
approximately 50 to 75 percent of the water main within the project area. The estimated water main costs
will need to be refined by conducting further field inspections.
Sanitary Sewer
The sanitary sewer in the north portion of the project area consists of 8 -inch diameter vitrified clay pipe
(VCP) installed in 1956 and 1958. The south portion of the project area contains 8 -inch diameter VCP
installed in the 1958 and 1960. Approximately 75 percent of the sanitary sewer is subjected to frequent
problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system
conveyance capacity. The condition of the sanitary sewer system within the neighborhood is rated as poor.
Complete replacement of all sanitary sewer pipes and access structures are proposed as part of the project.
Further investigation of the sewer line within Brooklyn Boulevard is necessary to determine if cured -in-
place pipe rehabilitation is necessary or warranted.
Storm Sewer
A majority of the storm water runoff from the project area is collected in the existing storm sewer system
and conveyed to the regional storm water treatment facility in Centerbrook Golf Course. Runoff from the
portion of the project area south of 53` Avenue and West of France Avenue is conveyed to Twin Lake. A
portion of the existing storm sewer system within the project area could be salvaged, although it is
anticipated that expansion of the system and higher capacity will be needed to minimize local flooding.
The current project cost estimate includes a conservative assumption that 80+ percent of the local drainage
system within the neighborhood and the undersized trunk storm sewer along Northport Drive will be
replaced as part of the scheduled neighborhood improvements.
Project Summary
Capital Improvement Program
Dupont Avenue North Improvements
2009/2010
The Dupont Avenue Improvement Project area extends from 57 Avenue to 69
p p J F-.
Avenue. The project includes a total length of 7900 feet of local streets and is
surrounded by approximately 140 properties zoned R1 and one multifamily
parcel zoned R3.
Streets
The entire length of the Dupont Avenue Project is a Minnesota State Aid route.
Between 57` and 67 Avenues, the street is currently 42 feet wide with concrete
curb and gutter and sidewalks along both the east and west sides of the roadway.
Between 57 and 69 Avenues, the street is currently about 30 feet wide with no
concrete curb and gutter.
The existing curb is generally in good condition. Street pavement has
deteriorated as expected over the service life of 38 years. The proposed street
improvements between 57 and 67 Avenues consist of full depth replacement of
bituminous pavement and minor spot repairs to existing curb. The proposed
street improvements between 67 and 69 Avenues consists of widening the ER
street to a minimum width of 32 feet in accordance with State Aid design
standards for maintaining parking along one side of the street. Curb and gutter is
also proposed between 67 and 69 Avenues.
Water main
The water main along the portion of Dupont Avenue south of Interstate 694
consists of 6 -inch diameter cast iron pipe installed in 1968 and 1969. Water main
along the northern portion of Dupont Avenue consists of larger diameter steel
water main installed in 1963. This water main is currently in fair to good
condition with a low history of maintenance problems. Field inspection of the
water main must be conducted to verify the rate of corrosion within the project area. The current project
cost estimate includes minor replacement of various valves and hydrants and needed. Total replacement
of all piping is not proposed at this time.
Sanitary Sewer
The sanitary sewer within the project area consists of 8 -inch diameter vitrified clay pipe and Armco truss
pipe installed between 1959 and 1967. Approximately 40 percent of the sanitary sewer is subjected to
problems with root intrusion. Root sawing must be performed on an annual basis to maintain the system
conveyance capacity. A televising inspection of the project during the planning phase will be necessary
to identify the full extent of necessary repairs. The current project estimate includes rehabilitation of
approximately 2,200 linear feet of sanitary sewer by installation of cured -in -place pipe lining.
Storm Sewer
Storm sewer and curb extends along Dupont Avenue from 57 Avenue to 67 Avenue. A televising
inspection is necessary to document the condition of the underground pipe network and structures. The
storm sewer system must be expanded between 67 and 69 avenue to improve drainage and reduce
local flooding issues. The current project cost estimate also includes replacement of catch basin castings
and rings. Major rehabilitation of the drainage system south of 67 Avenue is not anticipated at this
time.
Project Summary
Capital Improvement Program
East Palmer Lake Neighborhood Improvements
2010/2011
The East Palmer Lake Neighborhood project area extends from Logan
Avenue to Humboldt Avenue and from 73 Avenue to 69` Avenue. The
project area includes a total of approximately 12,258 feet of local streets. E
The neighborhood consists of approximately 213 single family residential III it 11
properties. I 696A 40 N1 I
UL
Streets z
The majority of the streets in the project area were originally constructed r
in 1962 through 1969. Existing streets are generally 30 feet wide with no
curb and gutter. Poor surface drainage and low stability subgrade
material has resulted in deteriorated pavement throughout the
neighborhood. Proposed street improvements consist of the
reconstruction of the street subgrade, installation of curb and gutter to N
improve drainage and placement of bituminous street pavement.
TN AVF N
S 5��
Water main
Existing water main in the East Palmer Lake Neighborhood area consists of 6 -inch and 10 -inch
diameter cast iron pipe installed between 1960 and 1969. Higher corrosion rates have been noted
within a majority of the project area. Several isolation valves have also failed within the project area.
Approximately 70 percent of the water main within the project area is scheduled for replacement.
Sanitary Sewer
Existing sanitary sewer within the neighborhood consists of 8 -inch and 10 -inch diameter vitrified clay
pipe originally installed in 1960 and 1965. A short segment of sanitary sewer along Irving Avenue was
installed in 1978. Approximately 30 percent of the sanitary sewer is subjected to frequent problems
with root intrusion. Root sawing must be performed on an annual basis to maintain the system
conveyance capacity. A televising inspection is necessary to determine the extent of sanitary sewer
replacement is justified. At least 50 percent of the sewer system is in poor condition. The current
project cost estimate includes the replacement of all sanitary sewer pipes and access structures. The
actual cost may be reduced upon completion of a condition survey.
Storm Sewer
The existing storm sewer in the project area ranges in size from 18 -inch to 33 -inch diameter reinforced
concrete pipe. The project area contains one trunk storm line running through an easement from 73
Avenue to 71" Avenue, then flowing east to Humboldt Avenue. Proposed storm sewer improvements
consist of the expansion of the drainage system to improve local drainage by adding catch basin
structures along each road segment within the project area. Replacement of the trunk storm sewer as
noted above is not included in the current project cost estimate.
Project Summary
Capital Improvement Program
Lift Station No. 6
Emergency Bypass Improvements
2010/2011
Lift Station No. 2, located at 3900 Lakebreeze Avenue, receives wastewater flow from a service area
of approximately 130 acres within the southwest portion of the city. Wastewater is then pumped into
a force main that conveys the flow north from the lift station under the Canadian Pacific Railroad
tracks to a Metropolitan Council Environmental Services (MCES) interceptor extending along 50`
Avenue North.
Prior to the Trunk Highway 100 improvements at the France Avenue interchange, the city had a
casing under the railroad tracks for the purposes of installing an emergency by -pass line from the lift
station to the MCES interceptor along 50` Avenue. During the TH 100 project, this casing was
removed as part of the grade adjustments completed along the railroad tracks. Installation of a
temporary by -pass line from the lift station to the interceptor would be very difficult and time
consuming now that a casing under the railroad tracks is not available. In the event of a force main
break, wastewater would be discharged into the MnDOT right -of -way and eventually. into
downstream surface waters until an emergency bypass could be installed.
The proposed project consists of installing a new 10 -inch to 12 -inch diameter casing under the
railroad tracks by horizontal directional drilling methods. Access structures would also be placed at
both the north end and south end of the casing to allow access for installation of a temporary bypass
hose.
Project Summary
Capital Improvement Program
PARK IMPROVEMENTS
Central Storage Facility
Proposed improvements include the conversion of the existing salt storage building into a central storage
space for park equipment and construction of a new salt storage building. A central park storage space
is needed to replace the loss of storage space resulting from the conversion of individual park buildings
into smaller picnic shelters and the loss of the Willow Lane Park building due to a fire that destroyed
the structure in 2004. The new salt storage facility is proposed to be constructed of low -rise precast
concrete panels to match the existing Public Works facility campus and the surrounding commercial
buildings. The existing salt storage building will become a centralized storage facility for park
maintenance and park program equipment. Heavy -duty shelving will be installed to allow for palletized
storage. Planned construction activities also include the construction of a small materials storage area
on city owned property on Camden Avenue. This area would be used to store aggregate, wood chips
and other stockpiled materials.
Kylawn Park Building
Proposed construction activities include the replacement of the existing shelter building and minor
repairs to the trail lighting system. The Kylawn Park building is substantially deteriorated and no
longer used as a warming house for winter activities. The new structure is scheduled to include picnic
facilities, one unisex restroom and a small utility area.
West Palmer Park Building
Proposed construction activities include the replacement of the existing shelter building. The new
structure is scheduled to include picnic facilities, one unisex restroom and a small utility area. This new
shelter will be consistent with other destination park facilities.
Riverdale Park Building
Proposed construction activities include the replacement of the existing shelter building with a small
picnic shelter.
Park Building
Northport g
Proposed construction activities include the replacement of the existing shelter building. The new
structure will include picnic facilities and some limited storage space and an integrated enclosure for a
portable restroom. Restrooms are not included in the proposed building plans.
Evergreen Sidewalk Improvements
The Capital Improvements Program in previous years has included the installation of sidewalk along the
east side of Evergreen Park. This project has been delayed due to limited funding available in the Capital
Projects fund and the need to prioritize the maintenance of existing infrastructure. The feasibility of this
sidewalk addition will be re- evaluated in future years as funding becomes available.
CAPITAL IMPROVEMENT PROGRAM 2006 -2010
APPENDIX
City Brooklyn Center
Water Utility Fund Rate Analysis
for the 2006 Budget Year
Rate Increase 2.80% 3.00% 3.00% 3.00% 3.00% 3.00%
Actual Budget Proposed Projected Projected Projected Projected
2004 2005 2006 2007 2008 2009 2010
Revenues
Water Service 1,241,389 1,259,273 1,280,900 1,319,327 1,358,907 1,399,674 1,441,664
Misc. Operating 335,414 278,450 281,945 285,000 288,700 292,400 296,100
Misc. Non operating 39,282 5,000 5,000 10,000 10,000 10,000 10,000
Total Revenues 1,616,085 1,542,723 1,567,845 1,614,327 1,657,607 1,702,074 1,747,764
Expenditures
Personal Services 361,918 379,748 399,695 415,683 432,310 449,603 467,587
Supplies 148,368 169,490 168,500 173,555 178,762 184,124 189,648
Services 434,870 512,749 485,559 500,126 515,130 530,583 546,501
Depreciation 588,767 623,000 635,400 650,000 670,000 670,000 670,000
Debt Service Interest Fees
Total Expenditures 1,533,923 1,684,987 1,689,154 1,739,364 1,796,201 1,834,310 1,873,736
less: Non -Cash Depreciation 588,767 623,000 635,400 650,000 670,000 670,000 670,000
plus: Debt Service Principal
plus: Cash Capital Outlay 666,191 835,500 704,500 855,200 980,800 945,200 910,300
Total Cash Requirement 1,611,347 1,897,487 1,758,254 1,944,564 2,107,001 2,109,510 2,114,036
Cash Reserve Target 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000
Beginning Cash Balance 1,890,755 1,788,152 1,540,729 1,350,320 1,020,083 570,689 163,253
Changes in Assets /Liabilities (107,341) 107,341
Cash Received 1,616,085 1,542,723 1,567,845 1,614,327 1,657,607 1,702,074 1,747,764
Cash Spent (1,611,347) (1,897,487) (1,758,254) (1,944,564) (2,107,001) (2,109,510) (2,114,036)
Ending Cash Balance 1,788,152 1,540,729 1,350,320 1,020,083 570,689 163,253 (203,0191
Cash above /(below) the
Cash Reserve Target 788,152 540,729 350,320 20,083 (429,311) (836,747) (1,203,019)
Assumptions:
Cash basis
All assumptions are predicted on Cash Basis presentation and do not include provisions for changes in balance sheet items
from year to year that may affect cash balances.
Revenues
Rate increases would be 3.0% each year through 2010 based on 1.25 billion gallons billed per year.
Expenditures
Supplies and Services increase at a total rate of 3% annum.
Depreciation increases at a rate of approximately 3% per annum.
Capital outlay is from the 2006 CIP and adjusted for estimated ENR Construction Index for each year in the five year period.
Capital Outlay projections include 30,000 per year of non project capital expenditure (equipment and repairs)
City Brooklyn Center
Sanitary Sewer Utility Fund Rate Analysis
for the 2006 Budget Year
Rate Increase 2.80% 2.80% 2.80% 2.80% 2.80% 2.80%
Actual Budget Proposed Projected Projected Projected Projected
2004 2005 2006 2007 2008 2009 2010
Revenues
Sewer Charges 2,831,480 2,883,293 2,928,081 3,010,067 3,094,349 3,180,991 3,270,059
Misc. Operating 70,366 8,000 12,000 12,000 12,000 12,000
Misc. Non operating 29,210 5,000 5,000 7,000 8,000 8,000 8,000
Total Revenues 2,931,056 2,888,293 2,941,081 3,029,067 3,114,349 3,200,991 3,290,059
Expenditures
Personal Services 135,907 159,410 165,338 172,778 180,553 188,678 197,169
Supplies 12,572 16,510 18,205 18,751 19,314 19,893 20,490
Services 1,692,741 1,929,724 1,879,440 1,935,823 1,993,898 2,053,715 2,115,326
Depreciation 469,424 472,000 481,460 500,000 515,000 515,000 515,000
Debt Service Interest Fees
Total Expenditures 2,310,644 2,577,644 2,544,443 2,627,353 2,708,765 2,777,286 2,847,985
less: Non -Cash Depreciation 469,424 472,000 481,460 500,000 515,000 515,000 515,000
plus: Debt Service Principal
plus: Cash Capital Outlay 698,454 705,800 639,700 1,425,700 1,208,900 926,100 932,000
Total Cash Requirement 2,539,674 2,811,444 2,702,683 3,553,053 3,402,665 3,188,386 3,264,985
Cash Reserve Target 950,000 950,000 950,000 950,000 950,000 950,000 950,000
Beginning Cash Balance 1,140,100 1,468,767 1,608,331 1,846,729 1,322,744 1,034,428 1,047,033
Changes in Assets /Liabilities (62,715) 62,715
Cash Received 2,931,056 2,888,293 2,941,081 3,029,067 3,114,349 3,200,991 3,290,059
Cash Spent (2,539,674) (2,811,444) (2,702,683) (3,553,053) (3,402,665) (3,188,386) (3,264,985)
Ending Cash Balance 1,468,767 1,608,331 1,846,729 1,322,744 1,034,428 1,047,033 1,072,107
Cash above /(below) the
Cash Reserve Target 518,767 658,331 896,729 372,744 84,428 97,033 122,107
Assumptions:
Cash basis
All assumptions are predicted on Cash Basis presentation and do not include provisions for changes in balance sheet items.
Revenues
Rate increases would be 2.8% per year across the board and are based on 1.323 billion gallons billed per year.
Expenditures
Supplies and Services increase at a total rate of 3% annum.
Capital outlay is from the 2006 CIP and adjusted for estimated ENR Construction Index for each year in the five year period.
Capital Outlay projections include 10,000 per year of non project capital expenditure (equipment and repairs)
City of Brooklyn Center
Storm Sewer Utility Fund Rate Analysis
for the 2006 Budget Year
Rate Increase 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%
Actual Budget Proposed Projected Projected Projected Projected
2004 2005 2006 2007 2008 2009 2010
Revenues
Storm Sewer Fees 1,276,778 1,274,000 1,276,000 1,276,000 1,276,000 1,276,000 1,276,000
Misc. Operating
Misc. Non operating 21,212 5,000 5,000 7,000 8,000 10,000 10,000
Total Revenues 1,297,990 1,279,000 1,281,000 1,283,000 1,284,000 1,286,000 1,286,000
Expenditures
Personal Services 78,201 82,182 86,291 90,606 95,136 99,893
Supplies 1,917 20,930 20,900 21,527 22,173 22,838 23,523
Services 127,057 188,748 199,914 205,911 212,089 218,451 225,005
Depreciation 527,619 523,000 533,400 541,000 550,000 550,000 550,000
Debt Service Interest Fees 9,054 7,110
Total Expenditures 665,647 817,989 836,396 854,730 874,867 886,425 898,421
less: Non -Cash Depreciation 527,619 523,000 533,400 541,000 550,000 550,000 550,000
plus: Cash Transfer to GF 100,000 100,000 100,000 100,000 100,000 100,000 100,000
plus: Debt Service Principal 220,000 230,000
plus: Cash Capital Outlay 441,756 698,500 562,400 644,500 1,053,800 776,900 776,900
Total Cash Requirement 899,784 1,323,489 965,396 1,058,230 1,478,667 1,213,325 1,225,321
Cash Reserve Target 540,000 540,000 540,000 540,000 540,000 540,000 540,000
Beginning Cash Balance 914,076 1,308,347 1,267,793 1,583,397 1,808,167 1,613,500 1,686,175
Changes in Assets /Liabilities (3,935) 3,935
Cash Received 1,297,990 1,279,000 1,281,000 1,283,000 1,284,000 1,286,000 1,286,000
Cash Spent (899,784) (1,323,489) (965,396) (1,058,230) (1,478,667) (1,213,325) (1,225,321)
Ending Cash Balance 1,308,347 1,267,793 1,583,397 1,808,167 1,613,600 1,686,175 1,746,854
Cash above /(below) the
Cash Reserve Target 768,347 727,793 1,043,397 1,268,167 1,073,500 1,146,175 1,206,854
Assumptions:
Cash basis
All assumptions are predicted on Cash Basis presentation with no provisions made for changes in balance sheet items that may
affect cash balances.
Revenues
Rate increase: Assuming no increases fhrough 2010
Expenditures
Supplies and Services increase at a total rate of 3% annum.
Depreciation increases at a rate of approximately 3% per annum.
Capital outlay is from the 2006 CIP and adjusted for estimated ENR Construction Index for each year in the five year period.
City of Brooklyn Center
Street Light Utility Fund Rate Analysis
for the 2006 Budget Year
Rate Increase 3.00% 7.50% 7.50% 7.50% 7.50% 7.50%
Actual Budget Proposed Projected Projected Projected Projected
2004 2005 2006 2007 2008 2009 2009
Revenues
Street Light Fee 208,121 212,000 218,790 235,199 252,839 271,802 292,187
Misc. Operating
Misc. Non operating 1,974 1,500 1,500 3,500 4,000 4,000 4,000
Total Revenues 210,095 213,500 220,290 238,699 256,839 275,802 296,187
Expenditures
Personal Services
Supplies 77 2,900 2,900 2,987 3,077 3 3,264
Services 165,574 153,765 171,161 176,296 181,585 187,032 192,643
Depreciation
Debt Service
Total Expenditures 165,651 156,665 174,061 179,283 184,661 190,201 195,907
Capital Outlay 51,000 53,500 38,000 75,000 112,500 83,000 78,000
Total Cash Requirement 216,651 210,165 212,061 254,283 297,161 273,201 273,907
Cash Reserve Target 50,000 50,000 50,000 50,000 50,000 50,000 50,000
Beginning Cash Balance 79,343 81,530 76,122 84,351 68,767 28,445 31,046
Changes in Assets /Liabilities 8,743 (8,743)
Revenues 210,095 213,500 220,290 238,699 256,839 275,802 296,187
Expenditures (216,651) (210,165) (212,061) (254,283) (297,161) (273,201) (273,907)
Depreciation Add -Back
Ending Cash Balance 81,530 76,122 84,351 68,767 28,445 31,046 53,326
Cash above /(below) the
Cash Reserve Target 31,530 26,122 34,351 18,767 (21,555) (18,954) 3,326
Assumptions:
Cash basis
All assumptions are predicted on Cash Basis presentation.
Revenues
Rate increases would be 3.0% in 2005 and 7.5% per year for each fiscal year through 2009 based on customer base of 8,415 residential
customers and 538 others. All other revenues would remain flat over the five year period.
Expenditures
Supplies and Services increase at a total rate of 3% annum.
Depreciation increases at a rate of approximately 3% per annum.
Capital outlay is from the 2006 CIP and adjusted for estimated ENR Construction Index for each year in the five year period.
Based on this analysis, a portion of the annual reconstruction project street light costs will need to be funded from other sources
if the City is to meet its reserve requirements in 2008 and 2009
City to Brooklyn Center
Capital Improvements Fund Cash Flows Analysis
for the 2006 Budget Year
Actual Proposed Projected Projected Projected Projected Projected
2004 2005 2006 2007 2008 2009 2010
Revenues
Transfer in General Fund 140,000
Transfer in Liquor Fund 125,000 125,000 125,000 125,000 125,000 125,000 125,000
Intergovernmental Revenue 106,200
Debt Payment Golf Course 35,000 50,000 55,000 55,000 55,000 55,000 55,000
Misc Revenue 132,246 15,000
Total Revenues 538,446 190,000 180,000 180,000 180,000 180,000 180,000
Expenditures
Personal Services
Supplies
Services 6,928
Depreciation
Debt Service
Total Expenditures 6,928
Capital Outlay 487,765 228,000 465,700 186,300 207,000 119,000
Total Cash Requirement 494,693 228,000 465,700 186,300 207,000 119,000
Beginning Cash Balance 906,810 951,483 912,563 626,863 620,563 593,563 654,563
Changes in Assets /Liabilities 920 (920)
Revenues 538,446 190,000 180,000 180,000 180,000 180,000 180,000
Expenditures (494,693) (228,000) (465,700) (186,300) (207,000) (119,000)
Depreciation Add -Back
Ending Cash Balance 951,483 912,563 626,863 620,563 593,563 654,563 834,563
Assumptions:
Expenditures
Capital outlay is from the 2006 CIP and adjusted for estimated ENR Construction Index for each year in the five year period.
City of Brooklyn Center
Street Reconstruction Fund Cash Flows Analysis
for the 2006 Budget Year
Actual Budget Proposed Projected Projected Projected Projected
2004 2005 2006 2007 2008 2009 2010
Revenues
Fund Transfer 620,464
Franchise Fees 612,079 660,000 660,000 660,000 660,000 660,000 660,000
Misc. Operating
Misc. Non operating 9,457 5,000 5,000 5,000 5,000 5,000 5,000
Total Revenues 1,242,000 665,000 665,000 665,000 665,000 665,000 665,000
Expenditures
Personal Services
Supplies
Services
Depreciation
Debt Service
Total Expenditures
Capital Outlay 1,089,700 704,700 1,185,900 1,729,100 1,080,500 1,156,000
Total Cash Requirement 1,089,700 704,700 1,185,900 1,729,100 1,080,500 1,156,000
Beginning Cash Balance 283,891 1,360,763 1,101,191 1,061,491 540,591 (523,509) (939,009)
Changes in Assets /Liabilities (165,128) 165,128
Revenues* 1,242,000 665,000 665,000 665,000 665,000 665,000 665,000
Expenditures (1,089,700) (704,700) (1,185,900) (1,729,100) (1,080,500) (1,156,000)
Depreciation Add -Back
Ending Cash Balance 1,360,763 1,101,191 1,061,491 540,591 (523,509) (939,009) (1,430,009)
Assumptions:
Cash basis
All assumptions are predicted on Cash Basis presentation.
Revenues
2004 Franchise Fee revenues reflect only 11 months of collections because of implementation date
Expenditures
Capital outlay is from the 2006 CIP and adjusted for estimated ENR Construction Index for each year in the five year period.
ti
1 oun cil ~Agenda Items. N' o.
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members CarmodyLasman, Niesen, and Peppe
From: Michael J. McCaule�
City Manager
Date: December 8, 2006
Re: 2005 General Fund Budget
OVERVIEW:
On September 12th, the City Council adopted the preliminary 2006 budget and tax levy. The
proposed 2006 levy is at the level adopted on September 12`" and developed in joint work sessions
of the City Council and Financial Commission. The proposed final levies are:
Tax Levies:
General Fund $10,494,126
Housing Redevelopment Authority 257,065
1996 Street Bonds 118,830
Police Fire Bonds 757.394
Total: $11,627,415
The Draft General Fund Budget reflects the revenue targets developed at the May 16` and August
15 Joint Work Sessions. The overall increase in the combined levies is 2.72% for the General Fund,
debt service, and HRA levies. The General Fund levy increases 3% .73% representing a 3%
increase plus the 1995 improvement bond levy amount. The 1995 improvement bonds are retired in
2005. The bonds were issued to fund the City's portion of the neighborhood street reconstruction
project in 1995. The HRA levy is set at the estimated amount generated by applying the statutory
maximum levy. The HRA levy is a percentage of total value and the actual amount generated will be
determined by Hennepin County based on the final valuation total for property in the City. The total
of resources raised by real estate taxes and aids is shown in the following graph:
Page
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
Operating, Debt HRA Levies State Aids
2002
2003
Operating Levy
State Aids
2004 HRA Levy
2005 Debt Service Levy
i
I
2006
i
$0 $5 $10 $15
Millions
In 2004, the General Fund levy was set $540,000 below the State imposed levy limit. This was done
because a franchise fee on gas and electric utilities was established to fund street reconstruction. The
franchise fee will generate around $625,000 to replace funds that previously would have been taken
from the General Fund through budgeted transfers and fund balance transfers of unspent General
Fund monies. The Housing and Redevelopment Authority budget amount may be reduced when the
final market numbers are developed by Hennepin County. The HRA levy is done as a percentage of
total market value and the dollar amount in the budget is an estimate based on currently available
estimates from Hennepin County.
The 2006 budget continues several changes in presentation and substance implemented in 1997. The
budget has been developed, consistent with City Council direction, on the premise that bonds will
not be issued in 2006 for street projects or in the future, where such projects represent a continuing
replacement effort, as opposed to buildings or other major capital projects that are not an annual
effort. (This policy eliminates substantial extra costs that would be incurred for interest and issuance
costs over the life of the bonds.)
The 2004 budget presentation change to implement Government Accounting Standards Board 34
(GASB 34) is continued in the 2006 budget. In this presentation all City General Fund and Debt
Service real estate taxes are no longer placed in the General Fund, with a corresponding transfer out
for the payment of the city's portion of debt service to offset the levies for debt service. Levies for
debt are placed in the debt service funds directly. The real estate taxes levied by the separate legal
entity of the HRA are set forth in its budget. There is no levy proposed for the EDA in 2006. The
numbering system for the budget was modified in 2002 for the conversion to the new Logis financial
system. For 2003, several divisions were combined to simplify the presentation and to eliminate
arbitrary distinctions between maintenance and operations. Thus, Park maintenance (42501)
incorporates the former Public Works Park Facilities, Public Works Park Grounds, Public Works
Recreation Programs, and Public Works Ice and Hockey Rinks. Similarly, Street Maintenance now
Page 2
includes Snow and Ice Control. Public Works Administration/Engineering has combined the
Administration and Engineering divisions into one division. We can still track individual
expenditures by subcategories to analyze time or monies spent on specific activities such as snow
removal.
The budget for all operations provides for 151 full time positions in all funds, a
decrease of 15 positions from the 2000 budget. One full time position was added
for 2006 in Fire /Emergency Management.
Administrative service charges allocate $429,362 of personnel costs from the General Fund to
various enterprise funds for management, engineering, and financial services. $301,003 is budgeted
for engineering reimbursement for construction project work charged against construction projects.
REVENUE OVERVIEW
For 2006, the General Fund budget proposes an overall increase of $470,181, a 3.4% increase. There
is an increase of $125,000 in Local Government Aid following cuts in State aids in excess of $3.3
Million from 2002 2005.
General Fund Revenues
2006
Real Estate Taxes
7a6%
Interest
0.9%
Cant Fires
1.6%
Rec. Corm Center Fees
4.4%
Charge for Senesce
02%
stateac
9.0%
Putlic Safety charges J Licenses &Perrri is
0.1% 4.9%
M I Mi sc. Re\Bi1tE
4.7% 0.4%
Page 3
EXPENDITURE OVERVIEW
The proposed 2006 budget continues the reductions implemented in 2004 after a lengthy process of
review by staff and the Financial Commission. This maintains the priorities established in 2004. In
the 2006 budget, one part-time position was made full time in Fire/Emergency Management. A
major impact on expenditures is the increase in pension costs as a result of an increase in payroll
contribution rates adopted by the Legislature. Coordinated Plan pension costs will increase 6% and
Police Fire pension costs will increase 10.5% in 2006 (26.58% for Coordinated between 2006 and
2010 and 51.61 for Police Fire between 2006 and 2009 when the increases are fully phased in).
The continuation of the 2004 cuts and priorities is reflected in the 2006 budget which:
Maintains Police Patrol at full strength
Maintains Fire /Emergency Operations with an additional full time clerical
support position
Maintains general operations as reduced in 2004
Continues reductions is:
Street and Park maintenance
Reduced seasonal hiring
Not replacing positions vacated in 2003
Retains
Senior Transportation
Staffing for Earle Brown Days committee
Support for Earle Brown Days parade
Provides no funding for:
PRISM medical transportation funding
DARE
Reduced levels in the following areas are continued:
Pool hours
Programming for
Seniors
Youth after school
Lks
Recreation programs
Ice
Reduced to 5 rinks
Eliminates warming houses altogether
City Watch newsletters from 6 to 4 issues annually
REACH and North Hennepin Mediation Services have been added since
2004
Page 4
CITY COUNCIL GOALS
Goal No. 1: Create a new Brooklyn Center "Downtown" blueprint.
(Opportunity Site Brooklyn Center's Central Business District)
Goal No. 2. Continue funding of community services.
Goal No. 3: Sustain Code Enforcement, Crime Prevention, and Traffic
Enforcement Efforts.
Goal No. 4: Continue the Street Reconstruction Program.
Some specific ways the budget supports those goals are as follows:
City Council Goals are supported by personnel levels to undertake the projects and provide
support to the City Council in achieving the goals, as well as Economic Development Authority
operations.
Goal 1 is supported by the funding of administrative staff and the EDA budget and HRA levy.
Goal 2 is supported by continued funding of CARS department and social services.
Goal 3 is supported by continued funding of police department, community development, and the
City Watch Newsletter.
Goals 4 is supported through the funding of the Public Works Department, continuation of the
franchise fee, and transfers of unspent funds into street reconstruction, as well as other capital
funds.
SPECIFIC BUDGET ISSUES
1. CITY COUNCIL
The annual audit and all commission related expenses are combined in the City Council budget.
The amount of money included for conferences and training allows for facilitated council
work/goal setting sessions and the implementation of the council policy on training. The budget
supports each council member having the ability to attend state conferences such as the League of
Minnesota Cities Annual conference and provides funding for 2 Council Members, on a rotating
basis, and the Mayor each year to attend 1 national conference.
2. SOCIAL SERVICES
Page 5
The budget reflects the allocation of resources for joint powers agreements and purchased services.
As determined by the City Council, the total allocation contained in the budget for social services is
$83,525. In 2005, REACH was added back to the budget and North Hennepin Mediation Services is
added back in 2006.
3. PERSONNEL
Personnel costs in the 2006 budget are approximately 2.06% higher than the 2005 budget. The
budget contains a general increase in wage rates by 3% over their base. 'The reduction of Police
Support Services by $80,000 to reflect a partial year of dispatch in 2006 causes the overall increase
in wages to be lower than the general increase in wages for 2006. Wages and benefits account for
69.2% of the 2006 budget. Labor agreements have been reached with all represented groups for
2006. Health insurance premium costs increased 12% for 2006, with the City and the employees
sharing in the increased cost.
4. TECHNOLOGY
A technology transfer first incorporated into the 2004 budget has been continued at a $70,000 annual
transfer. The technology fund was created in 2003 to provide a mechanism to provide funding to
meet technology needs that fluctuate from year to year.
5. POLICE
Police operations are fully funded in patrol. DARE was eliminated in 2004 to facilitate the
maintenance of full patrol strength and the ability to implement recent reorganizations to improve
community policing and crime prevention efforts. The 2005 budget restored some of the clerical
support funding that was cut in 2004. Public Safety costs were increased in the 2005 to pay for 800
Mhz fees and increased software costs associated with the new police software. As previously
mentioned, $80,000 in wages was in eliminated from Support Services in 2006 to reflect a partial
year of dispatch with the impending conversion to receiving dispatch services through Hennepin
County,
6. COMMUNICATIONS
Newsletters will be mailed 4 times, rather than the 6 times per year prior to 2004, as part of the
reductions necessary to deal with the loss of State aids. The City web site is funded at 2004 levels,
along with cable broadcast of regular City Council meetings.
CENTRAL GARAGE
Central Garage charges are $988,146 in 2006 as compared to $1,003,869 in 2003. Replacement
charges are revised on a periodic basis to more closely approximate replacement rather than
historical cost. While not part of the General Fund, Central Garage charges have a profound impact
Page 6
on the General Fund. When the e
C ntral Garage was instituted full replacement of equipment was not
funded, since charges for depreciation had not accumulated for equipment being replaced prior to full
accumulation of depreciation charges necessary for replacement. The goal is to have replacement
fully funded in order to fully implement the central garage concept. In 2003 the replacement schedule
for police squads was extended from 2 years to a 3 year cycle. Current cost analysis indicates that a 3
year cycle is more cost effective. When re -sale values were higher, the 2 year cycle was more cost
effective.
PARKS
The Capital Improvement Plan provides a five year plan for park improvements. The five year plan
finished the replacement of playground equipment and inventoried the life expectancy of the major
components of the park facilities and improvements. In 2001 the Park Recreation Commission
completed a series of meetings in areas of the City seeking input on park planning. The Capital
Improvement Plan incorporates the work of the Park Recreation Commission to fund destination
park improvements that would serve the entire city, along with the neighborhood parks. The Parks
Recreation Commission will continue to review capital planning for parks.
II. ENTERPRISE AND OTHER FUNDS
EARLE BROWN HERITAGE CENTER
The 2006 budget for operations projects operational self sufficiency and some funds for capital
improvements. Funding for trade shows and directed sales for conferences is continued. Those
goals of operational self- sufficiency will be met in the 2005 budget year and are budgeted to be
met in 2006.
WATER, SEWER AND STORM SEWER FUNDS
Progressive Consulting Engineers is finishing a Water and Sewer Rate study. We have undertaken a
comprehensive review of our rate structures to examine the underlying assumptions for both capital
needs associated with street reconstruction projects and generally, as well as operating costs. The rate
study, when completed, will form the basis for the 2007 2012 plan. The consultant is
recommending a change in the method of equitably spreading the cost of the system against users.
We will be reviewing d discussing th r n wit the City Council and Financial
g those recommendations h y
Commission in 2006 to determine if our current methods of charges should be modified.
The enterprise funds, pursuant to the 5 year plans, are anticipated to cash flow operations and
capital needs with rate increases. The 2006 budget includes the adopted increases in water, sewer,
and storm sewer rates. As indicated in the review of the results of the Rate Study and the re-
estimation of capital needs, some changes may be required in rate projections to maintain fiscal
capacity for capital projects and replacement.
Page 7
GOLF FUND
The golf course budget anticipates sufficient funds for its operations from operating revenues.
Operations in the last few years have lagged budget due to consecutive years of poor weather. The
issues for the Golf Fund relate to capital replacement funding and the repayment of the debt
created when the Golf Course was built. In the first half of 2006, a review is planned of the Golf
Course and these fiscal issues.
LIQUOR FUND
The s budget reflects operation of 2 stores in 2006. As discussed in budget meetings, the start-up at
g p g g, P
the store opened on 69' in 2004 was slower than predicted in the professional study used to
evaluate the economics of opening a 2' store. In 2005, performance at the 69 and Brooklyn
Boulevard store continued to improve, though at a slower pace than budgeted. The store should
roughly cover expenses in 2005, as opposed to being a net drain on funds in 2004. The 2006
budget is based on continued steady, but slow growth in profitability.
ECONOMIC DEVELOPMENT AUTHORITY AND HOUSING REDEVELOPMENT
AUTHORITY
The revenues from the Housing Redevelopment Authority are transferred to the Economic
Development Authority to carry out redevelopment and housing purposes. Capital projects are not
budgeted in the EDA fund, since the revenues and expenditures are dependent on many variables
affecting amounts and timing.
FUTURE ISSUES/PROJECTIONS
An issue facing the organization is creating a workforce that reflects the diversity of the community.
The contraction of the City workforce following the substantial Local Government Aid cuts has
reduced the number of opportunities to recruit a more diverse workforce. The rising cost of health
insurance, pension costs, and the rate of wage increases, as discussed previously, are also significant
future issues.
The largest issue facing the City is the lack of uncertainty on future revenue streams from the State of
Minnesota. While City reliance on aid from the State has greatly diminished, our ability to absorb
additional reductions is similarly reduced.
SUMMARY
The budget reflects a level of operations at the 2004 levels which involved severe reductions. The
sustained cooperation of many city employees has allowed the City to continue priority services.
Those employees, especially in public works, have adjusted and improvised to continue a high
Page 8
r
quality of service. The predictability of the City's revenue stream in the future continues to be
uncertain. The recent Legislative sessions have created more uncertainty and inability to project
future revenues and expenditures.
I would like to thank the many staff members who participated in the development of the budget.
City staff responded to substantial cuts in local government aid in 2003 and for 2004 with a
determination to continue providing quality service, though several programs and levels of service
necessarily were eliminated or reduced.
Page 9
Member introduced the followin g resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPROVING A FINAL TAX CAPACITY LEVY FOR THE
GENERAL FUND AND DEBT SERVICE FUNDS AND MARKET VALUE
TAX LEVIES FOR DEBT SERVICE AND THE HOUSING AND
REDEVELOPMENT AUTHORITY FOR 2006
WHEREAS, the City Council of the City of Brooklyn Center is the governing
body of the City of Brooklyn Center; and
WHEREAS, Minnesota Statutes require that the final property tax levy be
provided to the Hennepin County Auditor no later than December 28, 2005.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that a tax is hereby levied on all taxable real and personal property
within the City f Brooklyn Center for the purpose and sums as follows:
y Y p rP
General Fund $10,494,126
1996 A- General Obligation Improvement Bonds 118.830
Subtotal Tax Capacity Levies: $10,612,956
2004 A-Police and Fire Building Refunding Bonds 757,394
Subtotal Market Value Levy for Debt Service 757,394
Housing and Redevelopment Authority 257,065
Subtotal Market Value Levy for HRA 257,065
Total Levy $11.627.415
December 12, 2005
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
is and moved its adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING A FINAL MARKET VALUE LEVY FOR
THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING
INFORMATIONAL SERVICES AND RELOCATION ASSISTANCE
PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER
469.033 FOR THE CITY OF BROOKLYN CENTER HOUSING AND
REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2006
WHEREAS, Minnesota Statutes require that the final property tax levy be
provided to the Hennepin County Auditor no later than December 28, 2005 for taxes payable in
calendar year 2006; and
WHEREAS, the City Council has received a resolution from the Housing and
Redevelopment Authority of the City of Brooklyn Center establishing the final levy of the City
of Brooklyn Center Housing and Redevelopment Authority for fiscal year 2006; and
WHEREAS, the City Council of the City of Brooklyn Center, pursuant to the
provisions of Minnesota Statutes 469.033, Subdivision 6, must certify the final property tax levy
resolution of the Housing and Redevelopment Authority of the City of Brooklyn Center.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of City
of Brooklyn Center, Minnesota that a special tax is hereby levied on all taxable real and personal
property within the City of Brooklyn Center at the rate of 0.0144% of the total market value of
real and personal property situated within the corporate limits of the City of Brooklyn Center that
is not exempted by law.
BE IT FURTHER RESOLVED that the property tax levied under this resolution
be used for the operations and activities of the Housing and Redevelopment Authority of the City
of Brooklyn Center pursuant to Minnesota Statutes Chapter 469.001 to 469.047.
December 12, 2005
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION ADOPTING THE 2006 GENERAL FUND BUDGET
WHEREAS, the City Council of the City of Brooklyn Center is required by City
Charter and State Statute to annually adopt a budget.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn
Center that revenues and appropriations for the General Fund for 2006 shall be:
Revenues and Other Sources
General Fund
Property Taxes 10,494,126
Less amount for uncollectible 314,825)
Sales Tax Lodging Receipts 650,000
Licenses and Permits 683,754
Intergovernmental Revenue 1,245,030
CARS Charges for Services Recreation Fees 654,753
Fines and Forfeits 220,000
Miscellaneous Revenue 209,000
Total General Fund Revenues 13 841 838
Appropriations and Other Uses
General Fund
Divisions/Departments /Activities:
General Government 2,073,070
General Government Buildings 613,945
Public Safety 6,650,551
Public Works 2,674,008
CARS 1,271,069
Community Development 505,640
Convention and Tourism 308,750
Social Services 83,525
Risk Management 192,700
Central Services and Supplies 228,945
Reimbursement from Other Funds 830,365)
Transfer Out Miscellaneous 70,000
Total General Fund Appropriations 13.841.838
December 12, 2005
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:
is RESOLUTION NO.
RESOLUTION ADOPTING THE 2006 SPECIAL REVENUE FUND BUDGETS
WHEREAS, the City Council of the City of Brooklyn Center is required by City Charter
and State Statute to annually adopt a budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that appropriations for the Special Revenue Fund Budgets for 2006 shall be:
Revenues and Other
Sources
Special Revenue Funds
Economic Development Authority 257,065
Housing and Redevelopment Authority 257,065
Community Development Block Grant 199,764
Police Drug Forfeiture Fund 28,000
TIF District 1 175,200
TIF District #2 521,000
TIF District 43 3,484,000
TIF District #4 258,600
City Initiatives Grant Fund 49.309
Total Special Revenue Funds $5-230.003
Appropriations and
Other Uses
Special Revenue Funds
Economic Development Authority 261,319
Housing and Redevelopment Authority 257,065
Community Development Block Grant 199,764
Police Drug Forfeiture Fund 28,000
TIF District 1 175,200
TIF District #2 521,000
TIF District 93 1,887,080
TIF District #4 -0-
City Initiatives Grant Fund 49.114
Total Special Revenue Funds 3.378.542
December 12, 2005
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION ADOPTING THE 2006 DEBT SERVICE FUND BUDGETS
WHEREAS, the City Council of the City of Brooklyn Center is required by City
Charter and State Statute to annually adopt a budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that appropriations for the Debt Service Fund Budgets for 2006 shall be:
Revenues and Other
Sources
Debt Service Funds
1995B GO Improvement Bonds 6,000
1996A GO Improvement Bonds 169,930
1997A GO Improvement Bonds 115,550
1998A GO Improvement Bonds 136,000
1998B MSA Street Bonds 300,900
1999A GO Improvement Bonds 201,000
2000A GO Improvement Bonds 103,300
2001A GO Improvement Bonds 106,000
2003A GO Improvement Bonds 171,400
2004A GO Building Refinancing Bonds 759,074
2004B GO TIF Refinancing Bonds 491,555
2004C GO Improvement Bonds 171,700
2004D GO TIF Bonds 1.396.725
Total Debt Service 4.129.134
Appropriations and
other Uses
Debt Service Funds
1995B GO Improvement Bonds 93,205
1996A GO Improvement Bonds 168,574
1997A GO Improvement Bonds 112,950
1998A GO Improvement Bonds 120,040
1998B MSA Street Bonds 301,400
1999A GO Improvement Bonds 189,672
2000A GO Improvement Bonds 94,198
2001 A GO Improvement Bonds 94,329
2003A GO Improvement Bonds 155,103
2004A GO Building Refinancing Bonds 718,328
2004B GO TIF Refinancing Bonds 491,555
2004C GO Improvement Bonds 150,335
2004D GO TIF Bonds 1.398.725
Total Debt Service 4.088 -414
RESOLUTION NO.
December 12, 2005
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION ADOPTING THE 2006 CAPITAL PROJECT FUND BUDGETS
WHEREAS, the City Council of the City of Brooklyn Center is required by City
Charter and State Statute to annually adopt a budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that appropriation for the Capital Project Funds for 2006 shall be:
Revenues and Other
Sources
Capital Project Funds
Capital Project Fund 125,000
Infrastructure Construction Fund 5,582,600
Municipal State Aid (MSA) Fund 788,000
Street Reconstruction Fund 665,000
Earle Brown Heritage Center Capital Fund 150,000
Technology Fund 70.000
Total Capital Project Funds 7.380.60Q
Appropriations and
Other Uses
Capital Project Funds
Capital Project Fund 465,700
Infrastructure Construction Fund 4,333,200
Municipal State Aid (MSA) Fund 345,250
Street Reconstruction Fund 704,700
Earle Brown Heritage Center Capital Fund 140,000
Technology Fund 23.735
Total Capital Project Funds 6.012.585
December 12, 2005
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION ADOPTING THE 2006 ENTERPRISE FUND BUDGETS
WHEREAS, the City Council of the City of Brooklyn Center is required by City
Charter and State Statute to annually adopt a budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that appropriations for the Enterprise Funds for 2006 shall be:
Revenues and other
Sources
Enterprise Funds
Brooklyn Center Liquor 4,634,499
Centerbrook Golf Course 327,600
Earle Brown Heritage Center 3.827.067
Total Enterprise Funds 8.789.1
Appropriations and
Other Uses
Enterprise Funds
Brooklyn Center Liquor (w /o Depreciation) 4,609,505
Centerbrook Golf Course (w /o Depreciation) 313,520
Earle Brown Heritage Center (w /o Depreciation) 3.896.061
Total Enterprise Funds $.1.9.,086
December 12, 2005
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION ADOPTING THE 2006 PUBLIC UTILITY FUND BUDGETS
WHEREAS, the City Council of the City of Brooklyn Center is required by City
Charter and State Statute to annually adopt a budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that appropriations for the Public Utility Fund Budgets for 2006 shall be:
Revenues and Other
Sources
Public Utility Funds
Water Fund 1,567,845
Sewer Fund 2,941,081
Storm Sewer Fund 1,281,000
Street Lighting Fund 220,290
Recycling Fund 246.300
Total Public Utility Funds 6.256.51-6
Appropriations and
Other Uses
Public Utility Funds
Water Fund (w /o Depreciation) 1,758,899
Sewer Fund (w /o Depreciation) 2,694,263
Storm Sewer Fund (w /o Depreciation) 1,019,281
Street Lighting Fund (w /o Depreciation) 214,191
Recycling Fund (w /o Depreciation) 246.241
Total Public Utility Funds 5.9 32.875
December 12, 2005
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION ADOPTING THE 2006 INTERNAL SERVICE FUND BUDGETS
WHEREAS, the City Council of the City of Brooklyn Center is required by City
Charter and State Statute to annually adopt a budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that appropriations for the Internal Service Fund Budgets for 2006 shall be:
Revenues and Other
Sources
Internal Service Funds
Central Garage Fund 1,360,450
Post Employment Insurance Fund 60,000
Compensated Absences Fund 16.000
Total Internal Service Funds 1.436.450
Appropriations and
Other Uses
Internal Service Funds
Central Garage Fund (w /o Depreciation) 1,596,897
Post Employment Insurance Fund 60,000
Compensated Absences Fund 16.000
Total Internal Service Funds 1.672 -8277
December 12, 2005
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.
2006Budget IIearing
City of Brooklyn Center
Property Tax Levy
=Z OW Total Levy All Sources
2005 to 2006 2005 to 2006
Pay 2004 Pay 2005 Pay 2006 Change Change
General Fund Operations 9,497,064 10,117,000 10,494,126 377,126 3.73%
1994 Bonds 69,536
1995 Bonds 70,995 73,626 (73,626) (100.00
1996 Bonds 122,383 118,023 118,830 807 0.68%
Police Fire Bonds 786,584 759,074 757,394 (1,680) (0.22
Housing Redevelopment Authority 232,395 251,295 257,065 5,770 2.30%
10,778,957 11,319,018 11,627,415 308,397 2.72%
2
Awl
Major Budget Influences
2006 2009 _ncreased pension costs
2006 Increase of $133,000 in State Aid
2004 Loss of $1.68 Mi in State Aid
2005 Loss of an additions- $335,000 in
State Aid
Overa Loss of $3.2+ Mi in HACA
�oca- Government Aid 2002 2006
3
General Fund Operating Budget
Maintain Po Patro__ at fa strength
Maintain Fire operations at current �eve� s
fu____ time c support
Maintain genera operations at 2004 '_eve__S
Provide modest techno funding
4
Ge ner al Fund Re venue s
2006
Real Estale Taxes
736%
I
Interest
0.9%
Court Fines
1.6%
Rec. Camm Ceder Fees
4.4%
Charge for Service
02%
state Ads
9.0%
Putt is safety charges J Licenses Permits
0.1% 4.9%
Misc. Tawas Misc. Revenue
4.7% 0.4%
5
Revenues
Without Debt
$14
$12
$10
cn 8
c Taxes
$6 State Aids
$2
$0
2001 2002 2003 2004 2005 2006
Chart is without debt service 6
T
G eneral Fun
s of
Type E xpe nditures
Salaries $7 $7,812 2.59% $196,911
Benefits /pension /taxes $2,131,840 $2,334,550 9.51% $202,710
Supplies $494 $507,950 2.67% $13
Purchased Services $401 $424 5.69%' $22
I Conrmnications $258 $244 5.41 ($14
Repair, rental $293 $285,913 -2.64% ($7,7531
Other Contractual $1 $1 0.22%j $2,754
Central Garage $942,628 $988,146 4.83 $45,518
Insurance $170,500 $178,800 4.87 %1 $8,300
Utilities $459,660 $486,480 5.83 $26
Capital Outlay $63,000 $54, 13.5 ($8,550)
Transfers to other funds $70,000 $70 0.00% $0
Admini
1
J
a
strative Service ($354 ($429,362 21.26% ($75
Reimbursement i ($454 ($401 11.80% $53
(Cost of Sales $8,500 $19 128.53 $10
Contingency $39,345 $12,1 69.21% ($27,229'
TOTAL $13,391,078 $13, 3.37% $45
7
Cost of City Services
Median House would pay, before Market Value
Homestead Credit:
$66.25 per month ($795.00 per year) for
Police
Fire
Parks
Streets
Recreation
Community Development
General Government
8
Costs Continued
Median House wou- d a` so pay
$5.45 per month ($65.40 per year) to
retire the debt for the po- and fire
buildings
Median House would pay tota City faxes
for services and po debt of
$71.70 per month ($860 per year) before
Market Va Homestead Credit
9
Tax Computation IU�Stration_
Residential Home�tead Tax Capacity
Tax Capacity Taxable Market Value X I%
ity Tax Rate City Levy /Total Tax Capacity lof all Property
Taxes Rate X Opacity
Taxes $149.600 limit markdt v home in 2005 2006
Year Ra Capac City Taxes
2006 47.015% $1,496 $703.34
2005 50.487 $1,496 $755.29
($51.941
Itmpact of Increas4d Value:
Tax es on M limited mar4et value 2005 to 2006
Med. Value ICapacitv Citv Taxes_
2006 $169,000 $1,690 $794.55
2005 $149,600 $1,496 $755.29
Difference $19,400 $194 $39.27
I ��II
ote: before application of Market Value Homestead Credit
10
�mpact of Police Bonds
axes based on Market Value rather than tax ca a�Cit
P -y
R ate Tax
Market Value 169 5 000 0.03869% $65.39
iotal Tax P olice Fire Bond Tax
City Tax General o
Exa
Value $169
General Tax $794.55
�olice F �ond $65.39
$859.94
11
Actual Tax Statements
fax Statements, adjusted for Market Va -ue
Homestead Credit, indicate that the tota
effects of reducing Market Va
Homestead Credit, increase in City =evy,
and increased va =ue for median house is in
the area of:
$65.00 per year or $5.42 per month
12
Comparison of Total Residential Estimated Market Value and Total Limited Market Value for
Assessment Years 2002 -2007
$1,800,000,000
$1,600,000,000
$1,400,000,000
$1,200,000,000
d
$1,000,000,000
$800,000,000
C 5
$600,000,000
$400,000,000
s
$200,000,000 4
1: 3
y
g
$0
2002 2003 2004 2005 2006 2007
Estimated Market Value 1130494300 1251467200 1377358800 1468462000 1556569720 1649963903
Limited Market Value 936440600 1053225400 I 1217585500 1393738200 1556569720 1649963903
D Value Held From Tax Capacity 194053700 198241800 I 159773300 74723800 31131394.4 16499639.03
13
City of Brooklyn Center
2006 Residential Property Tax Components
$176,500 Estimated Market Value Median
$169,000 Limited Market Value Median
2500
$2,09 $2;203
12.267�
2000 M
o School
No
X w 1500
City
m I
C m n1 m n1
a
1000
o County
500 MD M0 M0 M0
1127 .b� s x�`.� tA2
0
�a rye
Dist
®Other Di s
District 11 District 279 t 281 District Distr�c Des c 286
Limited
$169,000 169000 Limited 1 00 United 1 9000 Lirrit
69 0 6 ed
$176,500 Estimated $176,500 Estimated $176,500 Estimated $176,500 Estimated
Property Tax $2,109 Property Tax $2,203 Property Tax $2,267 Property Tax $2,376
School District
14
r r
Tax Capacity 2006
Corrrrmial
22s1i1
l ri�
8.5
9.1%
ResW".l J
59:5%
Tax Capacity 1996
Coffrucw
5a2% 1
AWkmt
1t4%
strip ResWffitial
k
290% 9.4%
15
General Fund 2006
City Manager
Mayor Council 1.4%
0.9% City Clerk
Convention Tourism 1.3%
2.2% Finance
Park Maint. 4.9%
5.8% Legal
2.0%
Recreation Admin Human Res.
0
7.6 /0 1.6%
CARS Admin.
1.2%
Other Gen. Gov't.
Social Services
7.7%
0.6% r
Maintenance Streets
9.3%
Public Works Admin._
3.6%
Emergency Prep.
0.4%
Inspections
2.5%
Fire
5.3%
Police
41.5%
16
i
2000 -2006
General Government
Public Safety
Community Development
Public Works
Social Services 2000
Parks Recreation 2005
Convention Tourism
Risk Management
Unallocated Dept.
Transfers to Technology Fun
$0 $1 $2 $3. $4 $5 $6 $7 $8
Millions
17
Groupings 2003 2004 2005 2006`
Mayor City it Council $134 $128 $129,297 $132
City Manager $205 $185,554 $191 $203,656
City Clerk $164,505 $168 $171 $181,916
Finance $675 $704 $708 $698
Legal $250 $250,000 $265 $290,000
Human Resources $225,156 $223 $220 $226 j
Other Gen. Gov't. $1 $1 5 024 5 080 $1 $1
Police $5 $5 9 331 5 400 $5,636 $5 9 829 5 622
Fire $707,844 $692,917 $721 $75602
Inspections $293 $326 5 180 $341 $361,825
Emergency Prep. $61,706 $63 $64 $64
Public Works Admin. $575 $456 9 764 $495 $519
Maintenance Streets $1 9 359 9 789 $1 $1 $1
Social Services $93,105 $73 $79 $83
CARS Administration $154 $150 $159 $165
Recreation Admin $1 $1 $1 $1
Maintenance Parks $1 $865 $866 $831
Convention Tourism $339 $330 $304 $308
Unallocated ($276 ($370 ($362 ($408,720;
10ther Financing $1 $25 $70 $70
j $15 $12 $13 $13 18
0
General Fund Expenditures by Type
2006
Personnel Costs
69.2%
I
Capital Outlay
a 0.4%
Transfers to Other Funds
0.5%
Contingency
0.1%
Utilities
3.3%
$5° Insurance
x 1.2%
t
w Central Garage
R.
�g 6.7%
3 r
Cost of Sales
0.1%
i r
a.
Other Contractual
8.4%
Su as J Repair, rental
3.5% 2.0%
Services Communications
2.9% 1.7% 19
Types of Expenditures 2005 2006 Per Cent Change
Salaries $7,615 $7 2.59% $196
Benefits /pension /taxes $2 $2 9.51% $202 9 710
Supplies $494 $507 2.67% $13
Purchased Services $401,290 $424,107 5.69% $22
Communications $258 $244,952 5.41% ($1006
Repair, rental $293 $285 2.64% ($7,753
Other Contractual $1 5 250,552 $1,253,306 0.22% $2 5 754
Central Garage $942,628 $988 4.83% $45,518
Insurance $170 5 500 $178 4.87% $8,300
Utilities $459 $486 5.83% $26
Capital Outlay $63,000 $54,450 13.57% ($8
Transfers to other funds $70 $70 0.00% $0
Administrative Service ($354 ($429 21.26% ($75
Reimbursement ($454,638; ($401 11.80 $53
Cost of Sales $8,500 $19,425 128.53% $10,925
Contingency $39,345 $12,116 -69.21% ($27,229'
TOTAII $13,391,078 $13,841 3.37% $450,760
20
End of Presentation
Expenditures
L
fienualfiovainwd I
PuMr Sa&ty
Police Fie Bads
I
Communiy Developwif
Pumic Wock
Social Services
Pads &Recmafim
Convendon& Tausll
1997
RBk%nagement 1998
1999
UnaiocatedDept 2000
02001
Reinbmsement Ean Odle Funds 2002
2003
TransfemtoOpiWPegects 2004
2005
2006
Ttandels to Debt Service
-2 1 0 1 2 3 4 5 6 7 8
Msms
22
r
i
I
a
itcunl Agenda Item No.,
d
1
i
t
f
h t
i
F
d
S
p 4pLIC�
J Gl' O F
BROOKLYN CENTER
L
POLICE DEPARTMENT 4 M N
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Scott Bechthold, Chief of Police
DATE: December 7, 2005
SUBJECT: 2005 Edward Byrne Memorial Justice Assistance Grant
The 2005 Edward Byrne Memorial Justice Assistance Grant (JAG), formerly known as the Local
Law Enforcement Block Grant (LLEBG), has been approved and Hennepin County has drawn
down the funds from the U.S. Justice Department. The Hennepin County Board of
Commissioners, in signing the grant agreement as the grantee agency, has agreed to comply with
several conditions stated therein. The 2006 grant award for the City of Brooklyn Center is
$26,700.00.
Attached is a blanket agreement between Hennepin County and all eight recipient municipalities,
stating the duties of each and the services to be provided by the County. Also attached is a
Resolution for the City of Brooklyn Center, authorizing the execution of agreement for the 2005
Edward Byrne Memorial Justice Assistance Grant.
Please feel free to contact me with any questions.
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT FOR THE
2005 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
WHEREAS, be it resolved that the City of Brooklyn Center will enter into a
cooperative agreement with Hennepin County; and
WHEREAS, City Manager Michael McCauley is hereby authorized to execute such
agreements and amendments as are necessary to implement the project on behalf of the City of
Brooklyn Center.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that City Manager Michael McCauley is authorized to execute the 2005 Edward
Byrne Memorial Justice Assistance Grant.
December 12, 2005
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. 9b f
t
V
l
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and uncil Members mody, Lasman, Niesen, and O'Connor
From: Michael J. McCauley
City Manager
Date: December 8, 2005
Re: Qwest Contracts
Ms. Hartwig, as part of the implementation of fiber optic, has negotiated with Qwest to
reduce the cost for Qwest services. By taking Option 2, the City will enter into a contract
with Qwest for services having a value equal to the remaining life of some current
contracts and the termination of others. The new contracts will be for a longer time at a
lower cost per month than the current cost per month. A payment is included to terminate
the current contracts where we are discontinuing services early. Thus, a combination of
renegotiating some service contracts and terminating others results in an overall savings
in communications costs with Qwest that will save roughly $1,824 per month. The
termination fee in Option 2 is $14,025 verses an annual savings of $21,800.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
g y y
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
www.cityolbrooklyncenter.org
-MEMO
To: Michael J. McCauley, City Manager
From: Patty Hartwig, Information Technology oordinator
gY <0_
Subject: Qwest Contracts
Date: December 7, 2005
On June 9, 2003 City Council approved 60 -month contracts for the following Qwest Services:
City Hall PRI (in- bound /out -bound telephone service)
Police PRI (in- bound /out -bound telephone service)
Earle Brown Heritage Center PRI (in- bound/out -bound telephone service)
Public Works Garage Point to Point Building to Building Communications for Voice and Data
Earle Brown Heritage Center Point to Point Building to Building Communications for Voice and
Data
At that time there were no plans for change in City's building to building voice and data
communications.
On June 27, 2005 City Council approved Phase II of the City's Fiber Optic Network Fiber from City
Hall to Police, Public Works Garage and Earle Brown Heritage Center. This phase of the City Fiber
Network has been successfully implemented and fiber communications went "live" at the end of
November 2005.
Attached is the contract options associated with the termination of Qwest services no longer needed.
The City is able to take existing contracts, City Hall and Police PRI, and sign new contracts, but must
have the value of 115% of the existing contracts to eliminate termination fees for services no longer
needed. Because of regulations at Qwest, the Earle Brown Heritage Center Point to Point termination
fee can not be renegotiated.
The five -year cost under Option 1 is $95,400. The five -year cost under Option 2 is $83,625. Option 2
will also reduce the City's annual operating budget by $4,680 for the contract period. Attached are the
contacts for Option 2. In 2008 the City has budgeted for a replacement of the City telephone system.
Regardless of the solution standard PBX or Voice over IP (VoIP), the current Qwest services will
remain necessary.
If you have any questions, let me know. Thanks.
Attachments
City of Brooklyn Center
Phase II City Fiber Optic Network City Hall to Police, Public Works Garage and Earle Brown Heritage Center
Qwest Termination of Services Based on 12/19/2005 Disconnects
PRI -T1 Contracts 50% Penalty for Remaining Contract Months
Pt to Pt T -1 Contracts 40% Penalty for Remaining Contract Months
Renegotiated Contracts must have value of 115% of Current Contracts
Pt to Pt T -1 Inter Can not be Renegotiated Termination Fee Only
Remaining Current New New New
OPTION 1 Inter/ Contract Contract Contract Remaining Contract Contract Contract Termination
Location Product Explanation Intra Expires Months Monthly Value Months Monthly Value Fee
City Hall JPRI T -1 (City Hall Phone System Service Ilntra 16/19/2008 130 1$775.00 1$23,250.00 160 1$775 1$46,500 1$0
Police IPRI T -1 IPolice Phone System Service Ilntra 16/19/2008 130 1$775.00 1$23,250.00 160 1$775 1$46,500 1$0
Police IPt to Pt T -1 IPolice to City Hall Voice linter IN /A 10 1$200.00 1$0.00 10 1$0 1$0 1$0
Police IPt to Pt T- 1'Police to City Hall Data [Inter IN /A 10 1$240.00 1$0.00 10 1$0 1$0 1$0
PW Garage 1Pt to Pt T -1 IPW Garage to City Hall Voice /Data Ilntra 16/19/2008 130 1$219.96 1$6,598.80 10 1$0 1$0 1$0
EBHC IPRI T -1 IEBHC Phone System Service Ilntra 16/19/2008 130 1$775.00 1$23,250.00 10 1$0 1$0 1$0
Sub -Total $2,984.96 $76,348.80 $1,550 $93,000 $0
Remaining 115% $87,801.12
EBHC Pt to Pt T -1 EBHC to City Hall Voice /Data Inter 6/19/2008 30 $200.00 $6,000.00 0 $0 $0 $2,400
Total
$93,000 $2,400
Option 1
$95,400
5 -year cost
Remaining Current New New New
OPTION 2 Inter/ Contract Contract Contract Remaining Contract Contract Contract Termination
Location Product Explanation Intra Expires Months Monthly Value Months Monthly Value Fee
City Hall IPRI T -1 (City Hall Phone System Service Ilntra 16/19/2008 130 1$775.00 1$23,250.00 160 1$580 1$34,800 1$0
Police IPRI T-1 IPolice Phone System Service Ilntra 16/19/2008 130 1$775.00 1$23,250.00 160 1$580 1$34,800 1$0
Police 1Pt to Pt T -1 IPolice to City Hall Voice Ilnter IN /A 10 1$200.00 1$0.00 10 1$0 1$0 1$0
Police 1Pt to Pt T -1 IPolice to City Hall Data Ilnter IN/A 10 1$240.00 1$0.00 10 1$0 1$0 1$0
PW Garage IPt to Pt T -1 IPW Garage to City Hall Voice /Data Ilntra 16/19/2008 130 1$219.96 1$6,598.80 10 1$0 1$0 1$0
EBHC IPRI T -1 {EBHC Phone System Service Ilntra 16/19/2008 130 1$775.00 1$23,250.00 10 1$0 1$0 1$11,625
Sub -Total $2,984.96 $53,098.80 $1,160 $69,600 $11,625
Remaining 115% (not including EBHC Phone system service) $61,063.62
EBHC Pt to Pt T -1 EBHC to City Hall Voice /Data Inter 6/19/2008 30 $200.00 $6,000.00 0 $0 $0 $2,400
Total
$69,600 $14,025
Option 2
$83,625
5 -year cost
12/7/2005
Agreement Number: See Exhibit 1
QWEST ISDN PRS /DSS CUSTOMER APPRECIATION PROMOTION
September 26, 2005 December 23, 2005
Washington September 28, 2005 December 23, 2005
Minnesota October 10, 2005 December 23, 2005
(THIS PROMOTIONAL OFFER IS NOT SUBJECT TO NEGOTIATION OR REVISION BY CUSTOMER)
This Qwest Corporation Promotion Agreement "Agreement is between City of Brooklyn Center "Customer") and Qwest
Corporation "Qwest and is effective on the date Qwest signs it "Effective Date Qwest will provide, and Customer will purchase,
Qwest Integrated Services Digital Network Primary Rate Service "ISDN PRS and /or Digital Switched Service "DSS with
"Advanced" or "Basic" trunks provided under this Agreement (individually and collectively referred to as "Service
Any Qwest tariff, price list, price schedule, administrative guideline, and /or catalog (hereinafter, whether individually or together, "Tariff')
applicable to the Service is incorporated into the Agreement by reference and made a part of the Agreement. The Service will be
governed by: (a) the Tariff applicable to the Service; and (b) to the extent a comparable Tariff term or condition does not apply to the
Service, the terms and conditions set forth in this Agreement. In the event of a conflict in any term or condition of any documents that
govern the provision of the Service hereunder, the following order of precedence will apply in descending order of control: the Tariff,
this Agreement, and Qwest records.
1. Scope.
1.1 ISDN PRS. If Customer purchases ISDN PRS, Qwest will provide digital intraLATA, intrastate, switched local exchange
telecommunications service utilizing ISDN PRS technology that transports and distributes voice, data, image, and /or facsimile
communications separately or simultaneously over the public, switched, local exchange network. ISDN PRS components include a
DS1 facility, an ISDN PRS service configuration, and trunks as indicated on Exhibit 1, which is incorporated herein by this reference.
ISDN PRS operates at 1.544 megabits per second (Mbps). ISDN PRS may be configured as 23 B channels and one D channel, 24 B
channels only (24B), or 23 B channels and one back -up D channel (23B +BUD). Each B channel transmits voice or data at 64 kilobits
per second (Kbps). The D channel carries signaling information at 64 Kbps.
1.2 ISDN PRS -UAS. If Customer purchases ISDN PRS, Customer may also select Uniform Access Solution service as an
optional feature as that service is defined in the Tariff under Primary Rate Service. ISDN PRS -UAS is digital service with single- number
route indexing, which includes a DS1 facility with common equipment, and a network connection which provides for local exchange, toll
network access. Each DS1 facility utilizes the channels configured as: (a) In -only trunking; or (b) Two -way trunking.
3 DSS. If Customer purchases DSS, Qwest will provide Customer with the use of (a) a digital DS1 facility, as indicated on
hibit 1; (b) common equipment to interconnect with Qwest's local exchange switching office; and (c) advanced or basic flat usage
nks and DID trunk termination for access to the local exchange and toll networks. DSS Advanced and Basic operates at a maximum
speed of 1.544 Mbps.
1.4 If Customer is a Voice over Internet Protocol "VoIP provider, Customer represents and warrants that Service will not be used
to terminate or originate VoIP calls with ISDN PRS. If at any time during the Term of this Agreement this representation and warranty is
no longer accurate, Customer agrees to notify Qwest and execute a new agreement.
2. Term.
2.1 This Agreement will expire 60 months from the date Service is available to Customer under this Agreement, as evidenced by
Qwest records "Term The Minimum Service Period for Service is 12 months from the date Service is available for use "Minimum
Service Period Any Service installed for 12 consecutive months prior to the Effective Date of this Agreement will be deemed to have
met the Minimum Service Period.
2.2 Should Qwest continue to provide Service after this Term without a further agreement, the service charges will convert to the
applicable month -to -month rate under the terms and conditions of the applicable Tariff.
3. Service Provided.
31 Qwest will provide and maintain the Service at the locations and in the quantities specified in Exhibit 1.
3.2 Qwest will notify Customer of the date Service is available for use. In the event Customer informs Qwest that it is unable or
unwilling to accept Service at such time, the subject Service will be held available for Customer for a period not to exceed 30 business
days from such date "Grace Period If after the Grace Period, Customer still has not accepted Service, Qwest may either: (a)
commence with regular monthly billing for the subject Service; or (b) cancel the subject. If Customer (c) cancels an order for Service
prior to the date Service is available for use, or (d) is unable to accept Service during the Grace Period and Qwest cancels the Service
at the end of the Grace Period, the cancellation charges set forth in the Tariff may apply.
4. Charges and Billing.
Customer will pay the total monthly recurring charges "MRC and nonrecurring charges "NRC specified in Exhibit 1. The MRC
not change during the Term of the Agreement. Customer must pay Qwest all charges by the payment due date on the invoice. Any
t i ount not paid when due will be subject to a late charge as specified by the Tariff, or if there is no such late charge specified in the Tariff,
the amount due will be subject to late interest at the lesser of the rate of 1'/2% per month or the highest rate permitted by applicable law.
Customer must also pay Qwest any applicable Taxes assessed in connection with Customer's Service. "Taxes" means federal, state and
Copyright 2005 Qwest. All Rights Reserved. Page 1 x1.092905
CONFIDENTIAL PRS /DSS
local taxes, surcharges, and other similar charges. Qwest may reasonably modify the payment terms or require other assurance of payment
based on Customer's payment history or a material and adverse change in Customer's financial condition.
The charges for Service under this Agreement, including any and all discounts to which Customer may be entitled, will be offered
charged to Customer independently from and regardless of the Customer's purchase of any customer premises equipment or enhanced
®rvices from Qwest.
4.3 If Service is not available in Customer's switch, interoffice mileage MRCs and NRCs for transport between switches will apply.
5. Service Changes.
5.1 Moves. Customer may move the physical location of all or part of Service to another location within a Qwest serving area,
provided the following conditions for the move are met; (a) Service moved to the new location is provided to Customer by Qwest;
(b) Customer advises Qwest that Service at the new location replaces existing Service; (c) Customer's requests for the disconnection of
the existing Service and the installation of Service at the new location are received by Qwest on the same date; (d) Customer requests
that Qwest install the Service at the new location on or prior to the disconnection date of the existing Service; (e) Customer agrees to
execute a written amendment evidencing the move; and (f) Customer agrees to pay all applicable rates and charges for the requested
move and Service at the new location.
5.2 Additions to Service. Service may be added to this Agreement at the rates specified herein. Qwest will supply such additions
to Customer, subject to the following conditions: (a) Customer executes an appropriate amendment for such service no later than
December 23, 2005; (b) the additional Service(s) installation must be completed no later than March 3, 2006, unless such installation
delay is caused by Qwest; (c) Qwest commercially offers such additions and necessary facilities are technically and practicably
available; and (d) a new Minimum Service Period is established for each new addition to Service.
6. Termination.
6.1 Either party may terminate Service and /or this Agreement in accordance with the applicable Tariff or for Cause. "Cause"
means the failure of a party to perform a material obligation under this Agreement, which failure is not remedied: (a) in the event of a
payment default by Customer, within five days of separate written notice from Qwest notifying Customer of such default (unless a
different notice period is specified in the Tariff); or (b) in the event of any other material breach, within 30 days of written notice (unless
a different notice period is specified in the Tariff or this Agreement). Customer will remain liable for charges accrued but unpaid as of
the termination date. If, prior to the conclusion of the Term, Service is terminated either by Qwest for Cause or by Customer for any
reason other than Cause, then Customer will also be liable for a termination charge "Termination Charge
If such termination is during the Minimum Service Period, Customer will pay a Termination Charge for the affected Service of
00% of the MRC multiplied by the number of months (or fraction thereof) remaining in the Minimum Service Period, plus 50% of the
MRC multiplied by the number of months remaining in the Term after the Minimum Service Period.
6.3 If such termination is after the Minimum Service Period, Customer will pay a Termination Charge for the affected Service of
50% of the MRC multiplied by the number of months (or fraction thereof) remaining in the Term.
6.4 A Termination Charge will be waived when all of the following conditions are met: (a) Customer discontinues Service and
signs a new service agreement(s) for any other Qwest provided service(s); (b) the new service agreement(s) have a total value equal to
or greater than 115% of the remaining prorated value of the existing agreement(s) (excluding any special construction charges,
applicable nonrecurring charges, or previously billed but unpaid recurring and /or nonrecurring charges); (c) Customer places the orders
to discontinue Service and establish new service at the same time (within 30 calendar days of each other if service is in New Mexico);
(d) the new service(s) installation must be completed within 30 calendar days of the disconnection of Service, unless such installation
delay is caused by Qwest; and (e) a new minimum service period goes into effect, if applicable, when the new service agreement term
begins. The waiver does not apply to changes between regulated and unregulated or enhanced products and services.
7. Out -Of- Service Credit. If Qwest causes a Service interruption, an out -of- service credit will be calculated under the state local
exchange Tariff. If there is no applicable tariff and the interruption lasts for more than 24 consecutive hours after Qwest receives notice
of it, Qwest will give Customer credit calculated by: (a) dividing the monthly rate for the affected Service by 30 days; and then (b)
multiplying that daily rate by the number of days, or major fraction, that Service was interrupted.
8. Disclaimer of Warranties. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY QWEST, ITS AFFILIATES, AGENTS, OR
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. CUSTOMER ASSUMES TOTAL
RESPONSIBILITY FOR USE OF THE SERVICE.
9. Limitation of Liability. NEITHER PARTY, ITS AFFILIATES, AGENTS, OR CONTRACTORS WILL BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS OR
6 EVENUES OR LOST DATA OR COSTS OF COVER RELATING TO THE SERVICE OR THE AGREEMENT, REGARDLESS OF
I-IE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED. WITH REGARD TO ANY SERVICE RELATED CLAIM BY
CUSTOMER FOR DAMAGES THAT IS NOT LIMITED BY THE PRECEDING SENTENCE, CUSTOMER'S EXCLUSIVE REMEDIES
FOR SUCH CLAIM WILL BE LIMITED TO THE APPLICABLE OUT -OF- SERVICE CREDITS, IF ANY. Notwithstanding the foregoing,
the limitation of liability in this Section will not apply to: (a) a party's indemnification obligations; and (b) Customer's payment obligation
05
Copyright 2005 Qwest. All Rights Reserved. Page 2 v1.092905
CONFIDENTIAL
for all charges under the Agreement, including without limitation, Service charges, Taxes, interest, and termination or cancellation
charges.
10. Personal Injury, Death, and Property Damage. Each party will be responsible for the actual, physical damages it directly
auses to the other party in the course of its performance under the Agreement, limited to damages resulting from personal injury or
eath to a party's employees and loss or damage to a party's personal tangible property arising from the negligent acts or omissions of
the liable party.
11. Confidentiality; Publicity. Neither party will, without the prior written consent of the other party: (a) issue any public
announcement regarding, or make any other disclosure of the terms of the Agreement use h
g or e t e name or marks of the other party or
its Affiliates; or (b) disclose or use (except as expressly permitted by, or required to achieve the purposes of, the Agreement) the
Confidential Information of the other party. Such consent may only be given on behalf of Qwest by its Legal Department. A party may
disclose Confidential Information if required to do so by a governmental agency, by operation of law, or if necessary in any proceeding
to establish rights or obligations under the Agreement, provided that the disclosing party gives the non disclosing party reasonable prior
written notice. "Confidential Information" means any information that is not generally available to the public, whether of a technical,
business or other nature and that: (c) the receiving party knows or has reason to know is confidential, proprietary or trade secret
information of the disclosing party; and /or (d) is of such a nature that the receiving party should reasonably understand that the
disclosing party desires to protect such information against unrestricted disclosure. Confidential Information will not include information
that is in the public domain through no breach of this Agreement by the receiving party or is already known or is independently
developed by the receiving party.
12. Dispute Resolution; Governing Law. The Agreement and the parties' actions under the Agreement will comply with all
applicable federal, state, and local laws, rules, regulations, court orders, and governmental agency orders. Any dispute arising out of,
or relating to, the Agreement will be settled by arbitration to be conducted in accordance with the Judicial Arbitration and Mediation
Services "JAMS Comprehensive Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sections 1 -16, not state law, will govern the
arbitrability of disputes. The Agreement will otherwise be governed by the laws of the state where Service is provided, without regard to
its choice of law principles. The costs of the arbitration, including the arbitrator's fees, will be shared equally by the parties; provided,
however, that each party will bear the cost of preparing and presenting its own claims and /or defenses (including its own attorneys'
fees). The venue for arbitration will be designated by the party not initiating the action with the exception of any billing collection
disputes, which will be conducted in a location designated by Qwest or Denver, Colorado. The venue location designated must be in a
metropolitan area in which JAMS offers its dispute resolution services. A single arbitrator engaged in the practice of law, who is
knowledgeable about the subject matter of the Agreement, will conduct the arbitration. The arbitrator is bound to apply and enforce the
terms of the Agreement. The arbitrator's decision will be final, binding, and enforceable in a court of competent jurisdiction. If a party is
Oet quired to enforce compliance with this Section (including nonpayment of an award), then the noncomplying party must reimburse all
the costs and expenses incurred by the party seeking such enforcement (including reasonable attorneys' fees). This provision is not
ended to deprive a small claims court or state agency of lawful jurisdiction that would otherwise exist over a claim or controversy
between the parties.
13. Notices. Except as otherwise provided herein, all required notices must be in writing and sent to Qwest at 1801 California
Street, Suite 900, Denver, Colorado 80202; Facsimile (888) 778 -0054; Attn.: Legal Department, and to Customer at its then current
address as reflected in Qwest's records; Attn.: General Counsel or other person designated for notices. Except as otherwise provided
herein, all notices will be deemed given: (a) when delivered in person to the recipient named above; (b) three business days after
delivered via regular U.S. Mail; (c) when delivered via overnight courier mail; or (d) when delivered by facsimile so long as duplicate
notification is also sent in the manner set forth in subsection (b).
14. General. Customer may not assign the Agreement or any of its rights or obligations under the Agreement without the prior
written consent of Qwest, which consent will not be unreasonably withheld. Customer may not assign to a reseller or a
telecommunications carrier under any circumstances and Customer represents that it will not resell the Service. The Agreement is
intended solely for Qwest and Customer and it will not benefit or be enforceable by any other person or entity, including without
limitation, Customer's members, end users, customers, or any other third parties who utilize or access the Service or the Qwest
network via the Service provided hereunder. If any term of the Agreement is held unenforceable, such term will be construed as nearly
as possible to reflect the original intent of the parties and the remaining terms will remain in effect. Neither party's failure to insist upon
strict performance of any provision of the Agreement will be construed as a waiver of any of its rights hereunder. All terms of the
Agreement that should by their nature survive the termination of the Agreement will so survive. Neither party will be liable for any delay
or failure to perform its obligations hereunder if such delay or failure is caused by a Force Majeure Event. "Force Majeure Event"
means an unforeseeable event beyond the reasonable control of that party, including without limitation: act of God, fire, flood, labor
strike, sabotage, fiber cuts, acts of terror, material shortages or unavailability, government laws or regulations, war or civil disorder, or
failures of suppliers of goods and services. The Agreement constitutes the entire agreement between Customer and Qwest with
respect to the subject matter hereof, and supersedes all prior oral or written agreements or understandings relating to the subject
matter hereof. Except for Tariff or Service modifications initiated by Qwest, all amendments to the Agreement must be in writing and
signed by the parties' authorized representatives. However, any change in rates, charges, or regulations mandated by the legally
constituted authorities will act as a modification of any contract to that extent without further notice. Qwest reserves the right at any
O ne to reject any handwritten change to the Agreement.
Copyright 2005 Qwest. All Rights Reserved. Page 3 v1.092905
CONFIDENTIAL PRS /DSS
The parties have read, understand and agree to all of the above terms and conditions of this Agreement and hereby execute and
authorize this Agreement.
City of Brooklyn Center Qwest Corporation
Authorized orized Signature Authorized Signature
Myrna Kragness
Name Typed or Printed Name Typed or Printed
Mayor
Title Title
12/12/05
Date Date
Address for Notices:
6301 Shingle Creek Parkway, Brooklyn Center, MN
55430
Promotion Expiration Date: December 23, 2005.
The pricing contained herein will only be valid if the Agreement is executed by Customer on or before the Promotion Expiration Date. If this
Agreement is not executed by Customer by the Promotion Expiration Date, this Agreement will be considered null and void, and is not
enforceable by either party.
Copyright 2005 Qwest. All Rights Reserved. Page 4 v1.092905
CONFIDENTIAL PRS /DSS
EXHIBIT 1 Agreement Number:
QWEST ISDN PRS /DSS CUSTOMER APPRECIATION PROMOTION
FOR THE STATE OF MINNESOTA
CITY OF BROOKLYN CENTER
Customer
Customer Appreciation Promotion MRCS NRCs
j Service I MRC I NRC j
ISDN PRS (DS1 DS3) $580.00 $0.00
DSS Advanced (DS1 DS3) $394.00 $0.00
DSS Basic (DS1 DS3) $640.00 $0.00
Term: 60 months
Circuit ID Type of Service Total Service
or Configuration for MRC per
Customer Address BTN Qty. (USOC) ISDN PRS Only Location
6301 SHINGLE CREEK PKWY, 612 -E07- 1 ISDN PRS DS1 (ZPG65) 23B +D (ZPXJ5) $580.00
BROOKLYN CENTER, MN 0464,679
1
f I
I I I
I
Mileage related Components and Charges (If applicable).
Description Mileage Mileage
Customer Address Circuit ID or BTN (USOC) Qty. I MRC /each NRC /each
I I I I I I
Total Mileage MRCs and NRCs: I I
Copyright 2005 Qwest. All Rights Reserved. Page 5 0.092905
CONFIDENTIAL PRS /DSS
Agreement Number: See Exhibit 1
QWEST ISDN PRS /DSS CUSTOMER APPRECIATION PROMOTION
September 26, 2005 December 23, 2005
Washington September 28, 2005 December 23, 2005
Minnesota October 10, 2005 December 23, 2005
(THIS PROMOTIONAL OFFER IS NOT SUBJECT TO NEGOTIATION OR REVISION BY CUSTOMER)
This Qwest Corporation Promotion Agreement "Agreement is between City of Brooklyn Center Customer") and Qwest
Corporation "Qwest and is effective on the date Qwest signs it "Effective Date Qwest will provide, and Customer will purchase,
Qwest Integrated Services Digital Network Primary Rate Service "ISDN PRS and /or Digital Switched Service "DSS with
"Advanced" or "Basic" trunks provided under this Agreement (individually and collectively referred to as "Service
Any Qwest tariff, price list, price schedule, administrative guideline, and /or catalog (hereinafter, whether individually or together, "Tariff')
applicable to the Service is incorporated into the Agreement by reference and made a part of the Agreement. The Service will be
governed by: (a) the Tariff applicable to the Service; and (b) to the extent a comparable Tariff term or condition does not apply to the
Service, the terms and conditions set forth in this Agreement. In the event of a conflict in any term or condition of any documents that
govern the provision of the Service hereunder, the following order of precedence will apply in descending order of control: the Tariff,
this Agreement, and Qwest records.
1. Scope.
1.1 ISDN PRS. If Customer purchases ISDN PRS, Qwest will provide digital intraLATA, intrastate, switched local exchange
telecommunications service utilizing ISDN PRS technology that transports and distributes voice, data, image, and /or facsimile
communications separately or simultaneously over the public, switched, local exchange network. ISDN PRS components include a
DS1 facility, an ISDN PRS service configuration, and trunks as indicated on Exhibit 1, which is incorporated herein by this reference.
ISDN PRS operates at 1.544 megabits per second (Mbps). ISDN PRS may be configured as 23 B channels and one D channel, 24 B
channels only (24B), or 23 B channels and one back -up D channel (23B +BUD). Each B channel transmits voice or data at 64 kilobits
per second (Kbps). The D channel carries signaling information at 64 Kbps.
1.2 ISDN PRS -UAS. If Customer purchases ISDN PRS, Customer may also select Uniform Access Solution service as an
optional feature as that service is defined in the Tariff under Primary Rate Service. ISDN PRS -UAS is digital service with single- number
route indexing, which includes a DS1 facility with common equipment, and a network connection which provides for local exchange, toll
network access. Each DS1 facility utilizes the channels configured as: (a) In -only trunking; or (b) Two -way trunking.
DSS. If Customer purchases DSS, Qwest will provide Customer with the use of (a) a digital DS1 facility, as indicated on
hibit 1; (b) common equipment to interconnect with Qwest's local exchange switching office; and (c) advanced or basic flat usage
unks and DID trunk termination for access to the local exchange and toll networks. DSS Advanced and Basic operates at a maximum
speed of 1.544 Mbps.
1.4 If Customer is a Voice over Internet Protocol "VoIP provider, Customer represents and warrants that Service will not be used
to terminate or originate VoIP calls with ISDN PRS. If at any time during the Term of this Agreement this representation and warranty is
no longer accurate, Customer agrees to notify Qwest and execute a new agreement.
2. Term.
2.1 This Agreement will expire 60 months from the date Service is available to Customer under this Agreement, as evidenced by
Qwest records "Term The Minimum Service Period for Service is 12 months from the date Service is available for use "Minimum
Service Period Any Service installed for 12 consecutive months prior to the Effective Date of this Agreement will be deemed to have
met the Minimum Service Period,
2.2 Should Qwest continue to provide Service after this Term without a further agreement, the service charges will convert to the
applicable month -to -month rate under the terms and conditions of the applicable Tariff.
3. Service Provided.
3.1 Qwest will provide and maintain the Service at the locations and in the quantities specified in Exhibit 1.
3.2 Qwest will notify Customer of the date Service is available for use. In the event Customer informs Qwest that it is unable or
unwilling to accept Service at such time, the subject Service will be held available for Customer for a period not to exceed 30 business
days from such date "Grace Period If after the Grace Period, Customer still has not accepted Service, Qwest may either: (a)
commence with regular monthly billing for the subject Service; or (b) cancel the subject. If Customer (c) cancels an order for Service
prior to the date Service is available for use, or (d) is unable to accept Service during the Grace Period and Qwest cancels the Service
at the end of the Grace Period, the cancellation charges set forth in the Tariff may apply.
4. Charges and Billing.
Customer will pay the total monthly recurring charges "MRC and nonrecurring charges "NRC specified in Exhibit 1. The MRC
not change during the Term of the Agreement. Customer must pay Qwest all charges by the payment due date on the invoice. Any
dount not paid when due will be subject to a late charge as specified by the Tariff, or if there is no such late charge specified in the Tariff,
the amount due will be subject to late interest at the lesser of the rate of 1'/2% per month or the highest rate permitted by applicable law.
Customer must also pay Qwest any applicable Taxes assessed in connection with Customer's Service. 'Taxes" means federal, state and
Copyright 2005 Qwest. All Rights Reserved. Page 1 v1.092905
CONFIDENTIAL PRS /DSS
local taxes, surcharges, and other similar charges. Qwest may reasonably modify the payment terms or require other assurance of payment
based on Customer's payment history or a material and adverse change in Customer's financial condition.
4.2 The charges for Service under this Agreement, including any and all discounts to which Customer may be entitled, will be offered
e nd charged to Customer independently from and regardless of the Customer's purchase of any customer premises equipment or enhanced
ervices from Qwest.
4.3 If Service is not available in Customer's switch, interoffice mileage MRCs and NRCs for transport between switches will apply.
5. Service Changes.
5.1 Moves. Customer may move the physical location of all or part of Service to another location within a Qwest serving area,
provided the following conditions for the move are met; (a) Service moved to the new location is provided to Customer by Qwest;
(b) Customer advises Qwest that Service at the new location replaces existing Service; (c) Customer's requests for the disconnection of
the existing Service and the installation of Service at the new location are received by Qwest on the same date; (d) Customer requests
that Qwest install the Service at the new location on or prior to the disconnection date of the existing Service; (e) Customer agrees to
execute a written amendment evidencing the move; and (f) Customer agrees to pay all applicable rates and charges for the requested
move and Service at the new location.
5.2 Additions to Service,. Service may be added to this Agreement at the rates specified herein. Qwest will supply such additions
to Customer, subject to the following conditions: (a) Customer executes an appropriate amendment for such service no later than
December 23, 2005; (b) the additional Service(s) installation must be completed no later than March 3, 2006, unless such installation
delay is caused by Qwest; (c) Qwest commercially offers such additions and necessary facilities are technically and practicably
available; and (d) a new Minimum Service Period is established for each new addition to Service.
6. Termination.
6.1 Either party may terminate Service and /or this Agreement in accordance with the applicable Tariff or for Cause. "Cause"
means the failure of a party to perform a material obligation under this Agreement, which failure is not remedied: (a) in the event of a
payment default by Customer, within five days of separate written notice from Qwest notifying Customer of such default (unless a
different notice period is specified in the Tariff); or (b) in the event of any other material breach, within 30 days of written notice (unless
a different notice period is specified in the Tariff or this Agreement). Customer will remain liable for charges accrued but unpaid as of
the termination date. If, prior to the conclusion of the Term, Service is terminated either by Qwest for Cause or by Customer for any
reason other than Cause, then Customer will also be liable for a termination charge "Termination Charge
If such termination is during the Minimum Service Period, Customer will pay a Termination Charge for the affected Service of
4 02
0% of the MRC multiplied by the number of months or fraction thereof remaining
RC multiplied by the number of months remaining in the Term after the Minimum Sery ce Per Service Period, plus 50 °f° of the
6.3 If such termination is after the Minimum Service Period, Customer will pay a Termination Charge for the affected Service of
50% of the MRC multiplied by the number of months (or fraction thereof) remaining in the Term.
6.4 A Termination Charge will be waived when all of the following conditions are met: (a) Customer discontinues Service and
signs a new service agreement(s) for any other Qwest provided service(s); (b) the new service agreement(s) have a total value equal to
or greater than 115% of the remaining prorated value of the existing agreement(s) (excluding any special construction charges,
applicable nonrecurring charges, or previously billed but unpaid recurring and /or nonrecurring charges); (c) Customer places the orders
to discontinue Service and establish new service at the same time (within 30 calendar days of each other if service is in New Mexico);
(d) the new service(s) installation must be completed within 30 calendar days of the disconnection of Service, unless such installation
delay is caused by Qwest; and (e) a new minimum service period goes into effect, if applicable, when the new service agreement term
begins. The waiver does not apply to changes between regulated and unregulated or enhanced products and services.
7. Out -Of- Service Credit. If Qwest causes a Service interruption, an out -of- service credit will be calculated under the state local
exchange Tariff. If there is no applicable tariff and the interruption lasts for more than 24 consecutive hours after Qwest receives notice
of it, Qwest will give Customer credit calculated by: (a) dividing the monthly rate for the affected Service by 30 days; and then (b)
multiplying that daily rate by the number of days, or major fraction, that Service was interrupted.
8. Disclaimer of Warranties. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY QWEST, ITS AFFILIATES, AGENTS, OR
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. CUSTOMER ASSUMES TOTAL
RESPONSIBILITY FOR USE OF THE SERVICE.
9. Limitation of Liability. NEITHER PARTY, ITS AFFILIATES, AGENTS, OR CONTRACTORS WILL BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS OR
ENUES OR LOST DATA OR COSTS OF COVER RELATING TO THE SERVICE OR THE AGREEMENT, REGARDLESS OF
LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED. WITH REGARD TO ANY SERVICE RELATED CLAIM BY
TOMER FOR DAMAGES THAT IS NOT LIMITED BY THE PRECEDING SENTENCE, CUSTOMER'S EXCLUSIVE REMEDIES
FOR SUCH CLAIM WILL BE LIMITED TO THE APPLICABLE OUT -OF- SERVICE CREDITS, IF ANY. Notwithstanding the foregoing,
the limitation of liability in this Section will not apply to: (a) a party's indemnification obligations; and (b) Customer's payment obligation
Copyright 2005 Qwest. All Rights Reserved. Page 2 x1.092905
CONFIDENTIAL PRS /DSS
for all charges under the Agreement, including without limitation, Service charges, Taxes, interest, and termination or cancellation
charges.
10. Personal Injury, Death, and Property Damage. Each party will be responsible for the actual, physical damages it directly
D auses to the other party in the course of its performance under the Agreement, limited to damages resulting rom personal injury 9 p 1 rY or
eath to a party's employees and loss or damage to a party's personal tangible property arising from the negligent acts or omissions of
the liable party.
11. Confidentiality; Publicity. Neither party will, without the prior written consent of the other party: (a) issue any public
announcement regarding, or make any other disclosure of the terms of, the Agreement or use the name or marks of the other party or
its Affiliates; or (b) disclose or use (except as expressly permitted by, or required to achieve the purposes of, the Agreement) the
Confidential Information of the other party. Such consent may only be given on behalf of Qwest by its Legal Department. A party may
disclose Confidential Information if required to do so by a governmental agency, by operation of law, or if necessary in any proceeding
to establish rights or obligations under the Agreement, provided that the disclosing party gives the non disclosing party reasonable prior
written notice. "Confidential Information" means any information that is not generally available to the public, whether of a technical,
business or other nature and that: (c) the receiving party knows or has reason to know is confidential, proprietary or trade secret
information of the disclosing party; and /or (d) is of such a nature that the receiving party should reasonably understand that the
disclosing party desires to protect such information against unrestricted disclosure. Confidential Information will not include information
that is in the public domain through no breach of this Agreement by the receiving party or is already known or is independently
developed by the receiving party.
12. Dispute Resolution; Governing Law. The Agreement and the parties' actions under the Agreement will comply with all
applicable federal, state, and local laws, rules, regulations, court orders, and governmental agency orders. Any dispute arising out of,
or relating to, the Agreement will be settled by arbitration to be conducted in accordance with the Judicial Arbitration and Mediation
Services "JAMS Comprehensive Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sections 1 -16, not state law, will govern the
arbitrability of disputes. The Agreement will otherwise be governed by the laws of the state where Service is provided, without regard to
its choice of law principles. The costs of the arbitration, including the arbitrator's fees, will be shared equally by the parties; provided,
however, that each party will bear the cost of preparing and presenting its own claims and /or defenses (including its own attorneys'
fees). The venue for arbitration will be designated by the party not initiating the action with the exception of any billing collection
disputes, which will be conducted in a location designated by Qwest or Denver, Colorado. The venue location designated must be in a
metropolitan area in which JAMS offers its dispute resolution services. A single arbitrator engaged in the practice of law, who is
knowledgeable about the subject matter of the Agreement, will conduct the arbitration. The arbitrator is bound to apply and enforce the
terms of the Agreement. The arbitrator's decision will be final, binding, and enforceable in a court of competent jurisdiction. If a party is
quired to enforce compliance with this Section (including nonpayment of an award), then the noncomplying party must reimburse all
the costs and expenses incurred by the party seeking such enforcement (including reasonable attorneys' fees). This provision is not
intended to deprive a small claims court or state agency of lawful jurisdiction that would otherwise exist over a claim or controversy
between the parties.
13. Notices. Except as otherwise provided herein, all required notices must be in writing and sent to Qwest at 1801 California
Street, Suite 900, Denver, Colorado 80202; Facsimile (888) 778 -0054; Attn.: Legal Department, and to Customer at its then current
address as reflected in Qwest's records; Attn.: General Counsel or other person designated for notices. Except as otherwise provided
herein, all notices will be deemed given: (a) when delivered in person to the recipient named above; (b) three business days after
delivered via regular U.S. Mail; (c) when delivered via overnight courier mail; or (d) when delivered by facsimile so long as duplicate
notification is also sent in the manner set forth in subsection (b).
14. General. Customer may not assign the Agreement or any of its rights or obligations under the Agreement without the prior
written consent of Qwest, which consent will not be unreasonably withheld. Customer may not assign to a reseller or a
telecommunications carrier under any circumstances and Customer represents that it will not resell the Service. The Agreement is
intended solely for Qwest and Customer and it will not benefit or be enforceable by any other person or entity, including without
limitation, Customer's members, end users, customers, or any other third parties who utilize or access the Service or the Qwest
network via the Service provided hereunder. If any term of the Agreement is held unenforceable, such term will be construed as nearly
as possible to reflect the original intent of the parties and the remaining terms will remain in effect. Neither party's failure to insist upon
strict performance of any provision of the Agreement will be construed as a waiver of any of its rights hereunder. All terms of the
Agreement that should by their nature survive the termination of the Agreement will so survive. Neither party will be liable for any delay
or failure to perform its obligations hereunder if such delay or failure is caused by a Force Majeure Event. "Force Majeure Event"
means an unforeseeable event beyond the reasonable control of that party, including without limitation: act of God, fire, flood, labor
strike, sabotage, fiber cuts, acts of terror, material shortages or unavailability, government laws or regulations, war or civil disorder, or
failures of suppliers of goods and services. The Agreement constitutes the entire agreement between Customer and Qwest with
respect to the subject matter hereof, and supersedes all prior oral or written agreements or understandings relating to the subject
matter hereof. Except for Tariff or Service modifications initiated by Qwest, all amendments to the Agreement must be in writing and
signed by the parties' authorized representatives. However, any change in rates, charges, or regulations mandated by the legally
constituted authorities will act as a modification of any contract to that extent without further notice. Qwest reserves the right at any
W e to reject any handwritten change to the Agreement.
Copyright 2005 Qwest. All Rights Reserved. Page 3 v1.092905
CONFIDENTIAL PRS /DSS
The parties have read, understand and agree to all of the above terms and conditions of this Agreement and hereby execute and
authorize this Agreement.
City of Brooklyn Center Qwest Corporation
Authorized Signature Authorized Signature
Myrna Kraqness
Name Typed or Printed Name Typed or Printed
Mayor
Title Title
12/12/05
Date Date
Address for Notices:
6301 Shingle Creek Parkway, Brooklyn Center, MN
55430
Promotion Expiration Date: December 23, 2005.
The pricing contained herein will only be valid if the Agreement is executed by Customer on or before the Promotion Expiration Date. If this
Agreement is not executed by Customer by the Promotion Expiration Date, this Agreement will be considered null and void, and is not
enforceable by either party.
Copyright 2005 Qwest. All Rights Reserved. Page 4 v1.092905
CONFIDENTIAL PRS /DSS
Agreement Number:
EXHIBIT 1
QWEST ISDN PRS /DSS CUSTOMER APPRECIATION PROMOTION
FOR THE STATE OF MINNESOTA
CITY OF BROOKLYN CENTER
Customer
Customer Appreciation Promotion MRCS NRCs
Service I MRC I NRC
ISDN PRS (DS1 DS3) $580.00 $0.00
DSS Advanced (DS1 DS3) $394.00 $0.00
DSS Basic (DS1 DS3) $640.00 $0.00
Term: 60 months
Circuit ID Type of Service Total Service
or Configuration for MRC per
Customer Address BTN Qty. (USOC) ISDN PRS Only Location
6645 HUMBOLDT AVE N, 612 -E07- 1 ISDN PRS DS1 (ZPG65) 23B +D (ZPXJ5) $580.00
BROOKLYN CENTER, MN 7395,837
I I I I I
I I I I
I I
1 i 1
I I I
I
1 i
i
I I I I I
i I i
4
I
Mileage related Components and Charges (If applicable).
Description Mileage Mileage
Customer Address Circuit ID or BTN
I I (USOC) I Qty. I MRC /each I NRC /each I
I I I l I I
I I I I I I
Total Mileage MRCs and NRCs: I I
Copyright 2005 Qwest. All Rights Reserved. Page 5 v1.092905
CONFIDENTIAL PRS /DSS
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACTS WITH
QWEST CORPORATION FOR PRIMARY RATE ISDN (PRI) SERVICES AT
CITY HALL AND POLICE BUILDINGS AND THE TERMINATION OF QWEST
CONTRACTS AND SERVICES NO LONGER NEEDED
WHEREAS, Qwest Corporation is the provider for voice service at all City buildings;
and
WHEREAS, the City has implemented a Fiber Optic Network between City Hall,
Police, Public Works Garage, and Earle Brown Heritage Center, Improvement Project No. 2005 -12;
and
WHEREAS, with the Fiber Optic Network the City is able to eliminate Qwest
contracts and services no longer needed; and
WHEREAS, City staff worked with Qwest to determine contract options; and
WHEREAS, sixty -month contracts for PRI services at City Hall and the Police
Building and termination of contracts that result in a termination fee of $14,025 is in the best interest
of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the Mayor and City Manager are hereby authorized and directed to
execute the Qwest Contracts set forth in Attachment A and B, which is attached hereto and
incorporated herein by reference, with Qwest Corporation, in the name of the City of Brooklyn
Center for PRI Services at City Hall and the Police Building and the termination of Qwest contracts
and services no longer needed.
BE IT FURTHER RESOLVED that the costs associated with the termination of
contracts allocated as follows:
General Fund $5,813
Earle Brown Heritage Center Fund $8,212
December 12, 2005
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.
k
l
Ctyounl Agenda Item N. 9c
V
emorandum
Date: 8 December 2005
To: Michael McCauley
City Manager
From: Daniel Jordet
Director of Fiscal Support Services Owl'
Re: Financing of Final Storm Damage Clean -Up and Repair Expenses
As of 31 November 2005, the total expenses paid for clean -up and repair from the 21
September 2005 wind storm were 380,760.19. Of that total amount, 304,207.36
was paid to outside contractors for materials, services and rentals, 8,622.68 was
incurred in internal fuel and reimbursement of travel costs, and 67,930.15 was
incurred in overtime and benefits for storm clean -up activities. The vast majority of
these expenses were recorded in the General Fund. Other Funds recording expenses for
storm clean -up and repair were the Water, Sewer and Storm Water Utilities totaling
14,984.54), EBHC 5,837.22), EDA 745.50) and Central Garage 2,478.09).
There are additional clean -up and repair tasks yet to be completed. Mr. Blomstrom's
attached memorandum gives the details of these remaining tasks and estimated costs.
These total 63,750.95, bringing the estimated total cost of clean -up and repair for the
storm to 444,511.14. These additional costs will all be incurred in the General Fund.
At the present time, the year end balance in the Capital Reserve Emergency Fund is
expected to be about 1,374,500. City policy requires that a balance of 1,000,000 be
carried in that Fund or that a plan be established to replenish that Fund to the
1,000,000 level if it goes below that figure. The utilities and EBHC Funds are healthy
enough to absorb the costs they incurred in 2005. Therefore, the following scenario is
suggested for covering the costs of the storm clean -up and repairs:
A.) 374,000 be allocated from the Capital Reserve Emergency Fund for storm
clean -up and repair expenses. This will allow the fund to be maintained at
the 1,000,000 level without further consideration. Expenses up to this level
will be transferred from the EDA, Central Garage and General Funds to the
Capital Reserve Emergency Fund.
B.) The 2005 Forestry division budget in the General Fund be amended to
authorize an additional 50,000 in clean -up costs, which will be absorbed
into the General Fund operations.
The attached resolution, if adopted by the City Council, allows this plan to proceed and
clean -up and repair to be completed.
City of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: December 6, 2005
TO: Michael McCauley, City Manager
Daniel Jordet, Director of Fiscal Support Services
FROM: Todd Blomstrom, Director of Public Works 167
SUBJECT: Final Storm Damage Clean-Up and Repair Expenses
City personnel and tree service contractors have completed a majority of the clean -up work associated
with the storm that occurred on September 21, 2005. This storm damaged or destroyed numerous trees
throughout the City of Brooklyn Center. Final estimates indicate that 7,000 to 10,000 trees within
Brooklyn Center were partially or completely removed due to the storm. Most of the tree material was
placed along the public streets for collection and disposal by the City.
On the day following the storm, the City Council authorized expenditures in the amount of $290,000 to
fund an immediate response to the storm damage (Resolution No. 2005 -140). The initial cost estimate
was authorized before staff could quantify the extent of storm damage throughout the City.
Approximately two weeks later, a revised estimate for the cost of the storm clean-up effort was prepared
based on a preliminary storm damage assessment. The City Council approved a revised expenditure
amount of $345,000 on October 10, 2005 by Resolution No. 2005 -151.
The storm clean -up effort has been a challenging and time consuming process. Clean -up costs were
minimized to the extent practical by using mutual aid assistance from other cities, working overtime
shifts to reduce the cost of hiring additional tree contractors, and negotiating a reduced cost for debris
disposal with Market Street Energy Environmental Wood Supply, Inc.
The actual storm clean-up expenses paid to date total $380,760.19 based on the most recent General
Ledger Activity Report dated December 5, 2005. Below is a list of final storm related expenses that have
not been processed for payment or are yet to be incurred this winter to complete the storm clean-up
effort. The final unpaid expenses total $63,750.95 as listed below.
ARBOR DESIGN TREE SERVICE (45204 -6405)
The following invoices have been authorized for payment and routed to Finance for payment since
the General Ledger Activity Report dated 12/5/05.
Inv. #20380 Storm Stump Removals List #1 3,824.39
Inv. #20379 Storm Tree Stump Removals List #2 $10,813.53
Inv. #20384 Storm Stump Removals List #3 4,661.61
Inv. #20395 Storm Tree Stump Removals List #5 3.730.91
Sub Total $23,030.44
0 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
The following work has been completed by Arbor, but has not been invoiced:
Storm Tree Stump Removals List #7 2,900.10
The following estimated cost is for stump grinding on City Property (facilities and parks) and is
scheduled to be completed by May 1, 2006. Stumps will be removed from public right -of -way and
turf maintenance areas within parks. Stumps will not be removed from natural un- maintained areas
within parks.
Storm Stump Removals Grinding Estimate $10,000.00
JOHN ERICKSON CONTRACTING (43220 6404)
2005 Sidewalk Repairs from storm damage: $8,851.55
ST. JOSEPH EOUIPMENT. INC. (45204 -6242)
Skid steer grapple attachment tool: $2,118.86
BLEACHER BUILDING STRUCTURAL DAMAGE (45201)
Cost of insurance deductible for repairs to bleachers at Evergreen $2,500.00
Park and roof damage to three park buildings. Staff assumes that the
storm will be considered one incident, and only one deductible
payment will be required.
ENVIRONMENTAL WOOD SUPPLY. INC. (45201 -6405)
Grind debris pile at City Hall Parking Lot: $7,200.00
EOUIPMENT FUEL USAGE (43220 -6461)
November fuel usage for storm response: $5,800.00
TOPSOIL FOR STUMP REMOVAL (45204 -6225)
Black dirt to backfill stump removal voids within
$1.350.00
City property and public right -of -way
Total Remainin g Expenses enses Not Paid: $63,750.95
Total Expenses Paid to Date: $380.760.19
Final Total Clean -up Cost: $444,511.14
Vendor Payments for Storm Damage Work
Vendor Purpose Amount
United Rentals sign rental 216.20
A -1 Outdoor Power chain saw purchase 649.43
Pavey Brothers, Inc. loader and operator 20,906.25
Lakeland Graphics storm signage 319.50
Killmer Electric Co., Inc. rotate signals 2,349.10
Environmental Wood Supply, LLC grinder and excavator rentals 51,240.00
Sweeny Bros Tractor, Inc. Volvo rental 8,573.25
St. Joseph's Equipment, Inc. grapple rental 9,771.38
Wolf Protection Agency collection area security 16,503.95
Arbor Design Tree Service, Inc. remove haul trees 180,237.95
Hopwood, David mailbox damage 100.00
U.S. Postmaster storm damage mailing 2,532.58
Allegra Print Imaging storm damage mailing 846.83
Impact Mailing, Inc. storm damage mailing 460.80
Collins Electrical Construction hook up generators 1,363.50
Ziegler, Inc. generator repairs and rental 3,263.49
McKay Nursery Company repalcement trees for EBHC 711.69
Weber Electric, Inc. generator hookup 368.88
Broadway Rental stump grinder 66.00
Wells Fargo Credit Services generator rental 1,162.59
Penn Electric Motor Service exhaust fan motor 701.84
Bennett Lumber Company lumber 1,862.15
TOTAL 304,207.36
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
A RESOLUTION AUTHORIZING STORM CLEAN -UP AND REPAIR COST
FUNDING AND FINALIZING EXPENDITURE AUTHORIZATION
WHEREAS, the City of Brooklyn Center suffered damage as a result of a severe storm
on September 21, 2005; and
WHEREAS, it was necessary to deal with the removal and disposal or downed trees and
removal of stumps and debris; and
WHEREAS, such removals and disposals would not have happened without assistance
from the City; and
WHEREAS, it was necessary to enter into contracts and arrangements to secure
equipment and contractors in order to adequately respond to this natural disaster in a timely and effective
manner; and
WHEREAS, it was also necessary for City staff to work overtime hours to accomplish
this massive clean -up effort; and
WHEREAS, the City Council authorized certain expenditures with Resolutions 2005 -140
and 2005 -151 anticipating a subsequent transfer of costs to the Capital Reserve Emergency Fund; and
WHEREAS the clean -up and repair expenses have been revised in light of the largest part
of the clean -up effort being completed and the remaining expenses being reasonably certain.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that Resolution 2005 -151 be and hereby is amended so that the City Manager is authorized to:
1) Allocate 374,000 from the Capital Reserve Emergency Fund for storm clean -up and repair
expenses. Expenses up to this level will be transferred from the EDA, Central Garage and
General Funds to the Capital Reserve Emergency Fund in the 2005 fiscal year and the General
Fund in the 2006 fiscal year.
2) Amend the 2005 Forestry division budget in the General Fund to authorize an additional 50,000
in clean -up costs, which will be absorbed into the General Fund operations.
December 12. 2005
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.
MT City of Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and O'Connor
FROM: Michael J. McCauley, City Manager
DATE: December 8, 2005
SUBJECT: Opportunity Site Open House Mailing
As requested by the City Council at its last Work Session, attached are two options for a postcard mailing to
residents and businesses of Brooklyn Center for review.
Attachments
0 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
T44 LS IS (SOUR INVITCMON TO 449LP PL EN F012
BROOKLgN CENTER'S FUTURE
What. Oppottu.ruty Sde Open. House
Where: Canstauvon. Holt
Brooliyn Center Commwag Center
6901 Sh.in9te Creeli
U)hen: Wedr"d", Jar W-N 25, 2006
6:00 to 8:00 P.M.
The Citizen Task Force and Damon Farber Associates will be making presentations on their work to date in
developing proposed guidelines and standards for the long term redevelopment of the area between Shingle
Creek Parkway and Highway 100. The Task Force and Damon Farber Associates will be available to answer
questions, make presentations, and receive input regarding the Task Force's draft recommendations. After
receiving the input and questions, the Task Force will be making a recommendation to the City Council.
These efforts will help guide potential City involvement in working with landowners and developers over many
years as this area is redeveloped. More information on the work of the Task Force can be found on the City's
web site: www.citvofbrooklvncenter.ora or call Tom Bublitz, Community Development Specialist, at 763 -569-
3433.
OPTION 1
136 PVRT OF T449 PROCESS OF ?L0l.N NING FOR
BROOKLgN CENTER'S FUTURE
Wh.at: Oppartwag SLe Ope Mwse
Wh.ere: Constauttm 44a.(.[.
Broom. Center Community Center
6301 Sh.ih96 Creek'Parkway
W hen: Wed "&q, January 25, 2006
6:00 td 8:00 P.M
The Citizen Task Force and Damon Farber Associates will be making presentations on their work to date in
developing proposed guidelines and standards for the long term redevelopment of the area between Shingle
Creek Parkway and Highway 100. The Task Force and Damon Farber Associates will be available to answer
questions, make presentations, and receive input regarding the Task Force's draft recommendations. After
receiving the input and questions, the Task Force will be making a recommendation to the City Council.
These efforts will help guide potential City involvement in working with landowners and developers over many
years as this area is redeveloped. More information on the work of the Task Force can be found on the City's
web site: www.citvofbrooklvncenter.ora or call Tom Bublitz, Community Development Specialist, at 763 -569-
3433.
OPTION 2
le Creek Parkway PRST STD
Of 6301 Shingle Y US POSTAGE
y N Brooklyn Center, MN SS430 PAID
'TER (763) 569 -3300 PERMIT NO
MINNEAPOLIS, MN
-T'
Ai
�1 ECRWSS
POSTAL CUSTOMER
EEC
OW
y
POSTMASTER: TIME SENSITIVE MAIL
City Council. Agenda Item No. 9e
i
;r
City of .Brooklyn Center
A Millennium Community
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Niesen and 'C
y, O'Connor
FROM: Michael J. McCauley, City Manager
DATE: December 8, 2005
SUBJECT: Resolution Transferring General Fund Balance for Capital Purposes
Last year, at the recommendation of the Financial Commission, the City Council changed the
reserve policy for the General Fund. That change established a targeted unreserved and undesignated
General Fund Balance at the close of each fiscal year. It also incorporated the practice and intention
into policy of transferring undesignated General Fund monies not required for cash flow purposes for
capital needs. The anticipated transfers would be to the Street Reconstruction Fund, Capital
Improvements Fund, and the Technology Fund. Last year funds were transferred into those three
Capital Funds. This year we are requesting a resolution authorizing a transfer of General Fund
balance as was done in 2004, but we are recommending that funds be transferred only to the Street
Reconstruction Fund. Currently, the Technology Fund appears to be adequately funded with the
budgeted transfer from the General Fund and the previously deposited monies. The Street
Reconstruction Fund, especially if we are to attempt two projects in 2008, is the fund in most need of
additional funding.
As indicated last year when the Council approved the proposed fund balance policy amendments and
authorized the transfers, the amount of money at the end of the year cannot be accurately estimated
until later in the month of December. We have over the last several years planned to transfer unspent
General Fund monies above those needed for future cash flow needs in the General Fund to capital
projects. This mechanism allows the orderly transfer of money above the policy determined fund
balance targets for the General Fund.
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.cityolbrooklyncenter.org
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION TRANSFERRING GENERAL FUND BALANCE FOR CAPITAL
PURPOSES
WHEREAS, the City has planned to use unspent funds accumulated in the General
Fund for purposes of funding capital needs; and
WHEREAS, the continued maintenance of the street reconstruction projects, requires
these transfers as part of the total funding reserves.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that the City Manager and Finance Director be and hereby are
authorized to transfer funds from the General Fund on or before December 31, 2005, to the Street
Reconstruction Fund, in amounts that will be consistent with the Fund Balance Policy.
December 12. 2005
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
December 12, 2005
Immediately Following Regular City Council and EDA Meetings Starting at 7:00 P.M.
City Council Chambers
1. Council Member Niesen: discussion of purchasing resource materials at conferences
2. Miscellaneous
3. Adjourn
c
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Membe Carmody, Lasman, Niesen, and O'Connor
From: Michael J. McCauley
City Manager
Date: December 8, 2005
Re: Discussion of Purchasing esource Materials
Council Member Niesen inquired if a Council Member would be reimbursed for
purchasing copies of training presentations or materials at conferences. Based on past
Council discussions of purchases at conferences, I advised Council Member Niesen that
the Council had decided that Council Members would not be reimbursed for purchasing
materials at conferences not required for the conference or training. This discussion was
held by the Council in response to a request for reimbursement several years ago where a
Council Member purchased tapes of sessions or other materials that were in addition to
registration costs.
Council Member Niesen would like to discuss this informal policy at the Work Session.
s
4 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