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Home My WebLink About2002 10-28 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION October 28, 2002 6:00 P.M. Council Commission Conference Room 1. City Council discussion of agenda items and questions 2. League of Minnesota Cities Policies 3. Miscellaneous 4. Adjourn Public Copy CITY COUNCIL MEETING City of Brooklyn Center October 28, 2002 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. - Father Tuan Pham, St. Alphonsus Church 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 - Council Members not present at meetings will be recorded as abstaining from the vote on the minutes. 1. October 7, 2002 - Joint Meeting with Financial Commission 2. October 14, 2002 - Study Session 3. October 14, 2002 - Regular Session b. Licenses 8. Random Acts of Kindness Presentation of Recognition and Certificate Ceremony • • CITY COUNCIL AGENDA -2- October 28, 2002 9. Public Hearings a. An Ordinance Vacating Right of Way for Street Purposes, Humboldt Avenue from 59 Avenue North to 60 Avenue North -This item was first read on August 12, 2002, published in the official newspaper on August 21, 2002, and was offered for second reading and public hearing at the September 9, 2002, meeting, at which time was continued to September 23, 2002. On September 23, 2002, this item was continued to October 14, 2002; and on October 14, 2002, continued to October 28, 2002. - Requested Council Action: -Re -open the public hearing. -Take public input. -Close the public hearing. - Motion to continue to November 12, 2002. b. An Ordinance Vacating a Portion of a Storm Sewer Easement Within Lot 20, Block 1, BOBENDRIER'S 4 TH ADDITION -This item was first read on September 23, 2002, published in the official newspaper on October 3, 2002, and is offered this evening for second reading and public ® hearing. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. C. Public Hearing on An Amendment of the Tax Increment Financing Plan for Tax Increment District Number Four (TIF 4) - Resolution Approving Amendment No. 1 to the Tax Increment Financing Plan for Tax Increment Financing (Soils Condition) District No. 4 - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to approve resolution. 10. Council Consideration Items a. Resolution Expressing Appreciation for the Gifts of the Brooklyn Center Lions Club in Support of the Earle Brown Days Parade and the Entertainment in the Park Program • -Requested Council Action: - Motion to adopt resolution. t CITY COUNCIL AGENDA -3- October 28, 2002 b. Resolution Expressing Appreciation for the Gift From Boston Scientific Scimed, Inc. in Support of the Brooklyn Center Fire Department - Requested Council Action: - Motion to adopt resolution. C. Resolution Approving an Application to the Hennepin County Environmental Response Fund - Requested Council Action: - Motion to adopt resolution. d. Resolution Requesting Issuance of a 2002 -2003 Winter Trail Activities Permit for the North Mississippi Regional Park From the Three Rivers Park District and Authorizing Permit Application in Subsequent Years - Requested Council Action: - Motion to adopt resolution. e. Resolution Changing Audit Finn for Audit Services for 2002 Financial Statements • - Requested Council Action: - Motion to adopt resolution. 11. Adjournment e • 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 GENERAL WORK SESSION MEETING WITH FINANCIAL COMMISSION OCTOBER 7, 2002 COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met for a general work session with the Financial Commission at Brooklyn Center City Hall in the Council /Commission Conference Room and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Councilmember Tim Ricker was absent and excused. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, Fiscal and Support Services Director Doug Sell, and Deputy City Clerk Maria Rosenbaum. • Financial Commission Members present were Chair Donn Escher and Commissioners Timothy Elftmann, Jay Hruska, Mark Nemec, and Jerald Blarney. REVIEW AUDIT SERVICES City Manager Michael McCauley discussed that Deloitte & Touche submitted a response that they are not willing to lower their proposal for auditing services. Mr. McCauley asked if there would be consensus to re -open discussions with other auditing firms. Council and Financial Commissioners discussed and both were in consensus to have staff re -open discussions with HLB Tauges and Redpath. TRUTH IN TAXATION HEARING Mr. McCauley discussed that the calculations for determining whether the City is required to conduct a taxation hearing had been received. The decreased levy combined with increased Local Government Aid is less than the threshold for requiring a truth in taxation hearing. He informed the Council that they could continue with conducting a truth in taxation hearing since it had been published in the local newspaper even though it is not required. Mayor Kragness stated that she believes the Council should conduct a truth in taxation hearing since it had already been published in the local newspaper. It was the consensus of the Council to continue • with the truth in taxation hearing on December 2, 2002. 10/07/02 -1- DRAFT CAPITAL IMPROVEMENT PROGRAM is Mr. McCauley discussed that the Capital Improvement Program (CIP) that is being reviewed will implement the 2003 projects contained in the 2002 -2006 CIP; that there will be an infrastructure improvements fund created to replace the special assessment construction fund and consolidate the presentation; and that there will be a major change with the insertion of a street project in 2004 for the area around Northport School that was not contained in the 2002 -2006 CIP. This will push the neighborhood street projects identified for 2004 -2006 into the 2005 -2007 time frame. He informed once the new personnel being hired are present there may be a need to have a more comprehensive planning process and reevaluate the CIP in 2003 with the benefit of a fresh look at the City and its priorities. Council further discussed the CIP and issues relating to bonding. Councilmember Peppe asked if projects could be bonded in the future and if tax increment financing could be used. Mr. McCauley informed the Council that the City could bond projects in the future in the TIF Districts for certain improvements; and that tax increment financing could be used since it would be for an improvement to the City. Councilmember Nelson left the meeting t 6:40 g .m. p It was the consensus of the Council to move forward with the CIP. UTILIITES • Mr. McCauley informed that the rate studies are being updated to reflect the CIP and additional mandates. The Federal Government had mandated wellhead protection studies and efforts as part of homeland security that will add cost to the City; and there are utility infrastructure needs that may not have been full reviewed and incorporated in the planning process that will need to be assessed Y rP p g P in 2003. The rate studies show a three percent increase in each of the utilities; however, the following are preliminary recommendations: Water: three percent to four percent increase Sanitary Sewer: three percent to four percent increase Street Light Utility: one percent t g ty p o two p ercent increase Storm Water Utility: three percent increase Recycling: no increase (if not considering the annual clean up), or two percent to three percent increase if considering repeating the annual clean up. Council and Financial Commissioners discussed the recommendations. Financial Commission Chair Donn Escher questioned the $42,700 for annual dues and subscriptions. Mr. McCauley informed that the City has to have a watershed management organization and the fees are for the operation of the watershed management organization which conducts studies, reviews construction, etc. on behalf of all the cities in the individual watershed. 10/07/02 -2- DRAFT • The annual recycling clean up event was discussed. Mr. McCauley informed the Council that they might wish to consider increasing one percent to two percent, instead of two percent to three percent, if they wished to continue the annual clean up event in future years. Councilmember Peppe believes that the rates should be left at this time and continue discussions of increasing at a later date. It was the consensus of the Council to move forward with the above preliminary recommendations for utilities suggested by Mr. McCauley. DRAFT ENTERPRISE FUND BUDGETS (NON- UTILITIES) Mr. McCauley discussed that the liquor store budget reflects anticipated continuation of established patterns of sales and costs. The golf course has suffered its second consecutive v_ ear of poor weather and cash balances are being used. Mayor Kragness questioned the loan. Mr. McCauley stated he would check and that he believes there are a number of years left on the loan. The Earle Brown Heritage Center (EBHC) preliminary budget reflects increased insurance and LOGIS charges. Revenue forecasts have been adjusted downward to reflect the downturn in the economy. Mr. McCauley tated that he would move forward with preparing the materials for the November 18 Y P g P • 2002, Worksession consistent with the discussion this evening. MISCELLANEOUS Mr. McCauley informed that he had attended a meetin g regarding the land exchange issue with School District No. 286 and discussed the conversations that had taken place. Councilmember Lasman reported that she would not be at the Study Session and possibly the Open Forum on October 14, 2002 due to a class she was attending. ADJOURNMENT The Council adjourned the meeting at 8:20 p.m. City Clerk Mayor 10/07/02 -3- 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 OCTOBER 14, 2002 CITY HALL COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER STUDY SESSION 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, Councilmembers Ed Nelson, Tim Ricker, and Bob Peppe. Councilmember Kay Lasman was absent and excused. Also present were City Manager Michael McCauley, Interim Assistant City Manager /Director of Public Works Sharon Klumpp, Community Development Director Brad Hoffman, and Deputy City Clerk Maria Rosenbaum. Others present were James Schlesinger from Talisman Companies L.L.C. Councilmember Lasman arrived at 6 p .m CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed agenda item 9a, Planning Commission Application No. 2002 -015 Submitted by Spectacular Electronic Advertising for a Planned Unit Development Amendment to Allow Signs at Brookdale Shopping Center to Exceed the Number, Height, Area and Display Features Authorized as Part of the Brookdale Planned Unit Development and the Sign Ordinance Councilmember Ricker informed that he had concerns with the height and the LED Screening. Mr. Schlesinger clarified the concept and reasoning for the signs at Brookdale and informed the Council that he believes the signs are state -of -the -art and needed at Brookdale. Mr. McCauley explained that Mr. Hoffman has suggested making changes to the sign ordinance that would make the request a permitted use for a regional mall. This would reflect the size and mass of a regional mall so as to distinguish appropriate signage for a regional mall from smaller commercial uses. Mayor Kragness stated that she believes if the language is written to specify that the signage is for ® the nature of a regional mall that it would be acceptable. 10/14/02 -1- DRAFT Councilmember Lasman arrived at 6:20 p.m. Councilmember Lasman informed that she is supportive with moving forward with the signage request; however, she does have a concern about the height and the precedence this might set for other businesses in Brooklyn Center. Council discussed agenda item 10d, Schedule Joint Meeting with the Charter Commission on October 23, 2002, 7:00 p.m. in the Council /Commission Conference Room. It was the consensus of the Council to remove this item and postpone the meeting until after the Election on November 5, 2002. MISCELLANEOUS Council discussed the status of the land exchange with School District No. 286 and the construction at 46 and 47 Avenues. Mayor Kragness informed the Council of a Resource Mapping event the Northwest Hennepin Human Services Council will have on October 21, 2002, 3:30 p.m. to 5:30 p.m. and November 7, 2002, 5:00 p.m. to 7:00 p.m. at the Earle Brown School. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the Study • Session at 6:45 p.m. Motion passed unanimously. City Clerk Mayor I 10/14/02 -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 REGULAR SESSION OCTOBER 14, 2002 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 at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Interim Assistant City Manager /Director of Public Works Sharon Klumpp, Community Development Director Brad Hoffman, City Attorney Paula Callies, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. • ADJOURN INFORMAL OPEN FORUM The Council adjourned informal open forum at 6:45 p.m. 2. INVOCATION Rev. Robert Christenson, Brookdale Christian Church, offered 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 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Interim Assistant City Manager/Director of Public Works Sharon Klumpp, Community Development Director Brad Hoffman, Planning and Zoning Specialist Ron Warren, City Attorney Paula Callies, and Deputy City Clerk Maria Rosenbaum. • 10/14/02 -1- DRAFT I 5. PLEDGE OF ALLEGIANCE • The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that she attended the Northwest Hennepin Human Rights Coalition meeting on September 3, 2002, the Crime Prevention meeting and a Senior Fair on September 18, 2002, the Brooklyn Center Special Events Committee meetings on September 26, 2002, and October 10, 2002, and the meeting held on October 8, 2002, discussing the Garden City project. Councilmember Nelson reported that he attended the Northwest Suburbs Cable Communications meeting in September. Mayor Kragness reported that she attended the Mayors Conference on September 27 and 28, 2002, at Breezy Point, the Senior Fair on September 18, 2002, the Peacemaker Dinner on October 10, 2002, and the CEAP Prayer Breakfast on October 12, 2002. Mayor Kragness discussed an incident that took place at the Senior Fair and reminded citizens that free blood pressure checks are available at the City's Fire Stations on Saturdays. She reported that there would be a Candidate Forum on Tuesday, October 15, 2002, 7:00 p.m. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the agenda and consent agenda with the removal of Council Consideration Item 10d, Schedule Joint Meeting with the Charter Commission on October 23, 2002, 7:00 p.m. in the Council /Commission Conference Room. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the minutes of September 23, 2002, study and regular sessions. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. MECHANICAL Environmental Comfort Systems Inc. 8385 Canoga Avenue Canoga Park CA Y g � g R & S Heating and A/C 12600 Creekview Avenue, Savage Total Air Supply 541 North Wheeler Street, St. Paul UHL Company Inc. 9065 Zachary Lane North, Maple Grove is 10/14/02 -2- DRAFT • PRIVATE KENNEL Denise Mueller 1601 70 Avenue North Jeanne O'Brien 6730 Drew Avenue North Lynn Amacher -Maim 5420 Fremont Avenue North RENTAL Renewal: 3713 47 Avenue N. Bill Modell 360658 th Avenue N. Daniel Soffa 3218 63 Avenue N. Eugene Hess 5347 Brooklyn Blvd. Randall Cook 5501 Brooklyn Blvd. Mains'l Services 5801 Brooklyn Blvd. Daniel Soffa 5809 Brooklyn Blvd. Daniel Soffa 6315 Brooklyn Blvd. Joseph Brauer 5137 -39 France Avenue N. Randal Tyson 6765 Humboldt Avenue N Morning Sun Investments Initial: 521 62 Avenue N. Curtis & Cheryl Hawkins 170869 th Avenue N. Angela Griesser 5817 Brooklyn Blvd. William Kotonias 3618 Commodore Drive Pao Choua Vue • 7c. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2002-137 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7d. RESOLUTION APPROVING FINAL PLAT, DOUGLAS METAL SPECIALTIES RESOLUTION NO. 2002 -138 Councilmember Nelson introduced the following resolution and moved its adoption: • 10/14/02 -3- DRAFT RESOLUTION APPROVING FINAL PLAT, DOUGLAS METAL SPECIALTIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7e. RESOLUTION AUTHORIZING THE CONVEYANCE OF CITY OWNED PARCELS TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION RESOLUTION NO. 2002 -139 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CONVEYANCE OF CITY OWNED PARCELS TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7f. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 15382 AND 15383 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS RESOLUTION NO. 2002 -140 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 15382 AND 15383 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7g. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 15380 AND 15381 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS RESOLUTION NO. 2002 -141 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLLNOS.15380 AND 15381 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. • 10/14/02 -4- DRAFT 0 7h. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2002-19, PALMER LAKE /SHINGLE CREEK TRAIL RECONSTRUCTION, AND NAMING FISCAL AGENT FOR ADMINISTRATION OF GRANT FUNDS RECEIVED THROUGH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES NATIONAL RECREATIONAL TRAIL PROGRAM RESOLUTION NO. 2002 -142 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2002 -19, PALMER LAKE /SHINGLE CREEK TRAIL RECONSTRUCTION, AND NAMING FISCAL AGENT FOR ADMINISTRATION OF GRANT FUNDS RECEIVED THROUGH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES NATIONAL RECREATIONAL TRAIL PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7i. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2001 -09, CONTRACT 2001 -D, EXTERIOR FINISH RESTORATION CENTRAL GARAGE CAMPUS RESOLUTION NO. 2002 -143 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2001 -09, CONTRACT 2001 -D, EXTERIOR FINISH RESTORATION CENTRAL GARAGE CAMPUS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING ORDINANCE NO. 2000 -10 REGARDING COUNCIL SALARIES FOR 2003 -2004 City Manager Michael McCauley discussed that the Financial Commission recommended the following Council salaries for 2003 -2004: Effective January 1, 2003, the annual salary for Mayor shall be $10,166 and the annual salary for is Council Members shall be $7,784. 10/14/02 -5- DRAFT Effective January 1, 2004, the annual salary for Mayor shall be $10,522 and the annual salary for Council Members shall be $8,056. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. Donn Escher, Financial Commission Chair, addressed the Council to inform the Council that the Financial Commission took the Council salaries seriously and encouraged them to adopt the Ordinance Amending Ordinance No. 2000 -10 Regarding Council Salaries for 2003 -2004. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2002 -11 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING ORDINANCE NO. 2000 -10 REGARDING COUNCIL SALARIES FOR 2003 -2004 The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. 8b. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING DEVELOPMENT COMPLEX SIGNS Mr. McCauley discussed that this ordinance amendment to Chapter 34 would add a new category of signs called "Development Complex Signs" that would be allowed under certain circumstances in the Commercial (C -1 and C -2) and Industrial (I -1 and I -2) zoning districts. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2002 -12 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING DEVELOPMENT COMPLEX SIGNS 10/14/02 -6- DRAFT • The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 8c. AN ORDINANCE VACATING RIGHT OF WAY FOR STREET PURPOSES, HUMBOLDT AVENUE FROM 59 AVENUE NORTH TO 60 AVENUE NORTH City Manager Michael McCauley discussed that there is still no agreement for an exchange of land with School District No. 286 and suggested that the Council re -open and continue the public hearing to the October 28, 2002, meeting. A motion by Councilmember Nelson, seconded by Councilmember Peppe to re -open the Public Hearing. Motion passed unanimously. A motion by Councilmember Nelson, seconded by Councilmember Peppe to continue the Public Hearing to October 28, 2002. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2002-015 SUBMITTED BY SPECTACULAR ELECTRONIC ADVERTISING FOR A PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW SIGNS AT BROOKDALE • SHOPPING CENTER TO EXCEED THE NUMBER, HEIGHT, AREA AND DISPLAY FEATURES AUTHORIZED AS PART OF THE BROOKDALE PLANNED UNIT DEVELOPMENT AND THE SIGN ORDINANCE. THE PLANNING COMMISSION RECOMMENDED DENIAL OF THIS APPLICATION AT ITS SEPTEMBER 12, 2002, MEETING. - RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -015 SUBMITTED BY SPECTACULAR ELECTRONIC ADVERTISING (ON BEHALF OF BROOKDALE CENTER) Mr. McCauley discussed that the Planning Commission denied Planning Commission Application No. 2002 -015 submitted by Spectacular Electronic Advertising for a Planned Unit Development (PUD) amendment to allow signs at Brookdale Shopping Center to exceed the number, height, area, and display features authorized as part of the Brookdale PUD and the sign ordinance at its September 12, 2002, meeting. Since that meeting City staff had been working with Spectacular Electronic Advertising and Talisman Companies L.L.C. and is recommending that the Council approve the modified request of Spectacular Electronic Advertising and direct staff to memorialize the amendment to the PUD by amending the sign ordinance to Brookdale as written in the resolution. Mr. McCauley provided a PowerPoint presentation and map showing the locations of the three signs being considered before asking James Schlesinger from Talisman Companies L.L.C. to address the ® Council for any questions they had regarding this issue. 10/14/02 -7- DRAFT i Councilmember Ricker expressed concern regarding the LED Screening and the precedence this P g g g P would set if approved. He questioned what would happen if the advertising company failed. Mr. Schlesinger addressed the Council and reported that if the initial advertising is not accomplished, there is a 20 -year lease on the signs once installed. Mr. Schlesinger expressed that these signs are needed at Brookdale to advertise the new Brookdale and informed the Council that the City would be able to advertise community events also with the LED Screening. Councilmember Ricker questioned if the Planning Commission is now recommending the Council to approve the application. Planning and Zoning Specialist Ron Warren informed the Council that the Planning Commission has not meet since September 12, 2002 and has not reviewed the recommended changes that have been incorporated to the resolution. Councilmember Lasman expressed that she respects the Planning Commission's decision and that she believes the items of concern expressed by the Planning Commission at its September 12, 2002, meeting have been addressed. Councilmember Nelson stated that he believes this is a unique opportunity for Brookdale and that his decision is proceed with the signage. Councilmember Ricker stated that boasts about Brookdale; however, he believes that signs of this statute are not needed and would not support the amendment. • RESOLUTION NO. 2002 -144 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -015 SUBMITTED BY SPECTACULAR ELECTRONIC ADVERTISING (ON BEHALF OF BROOKDALE CENTER) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Voting in favor: Mayor Kragness, Councilmembers Lasman, Nelson, and Peppe. Councilmember Ricker voted against the same. Motion passed. 10. COUNCIL CONSIDERATION ITEMS 10a. PROCLAMATION DECLARING OCTOBER21 THROUGH OCTOBER25, 2002 NATIONAL BUSINESS WOMEN'S WEEK Mayor Kragness read the Proclamation Declaring October 21 Through October 25, 2002, National Business Women's Week. 10/14/02 -8- DRAFT • A motion by Councilmember Nelson, seconded by Councilmember Lasman to adopt Proclamation Declaring October 21 Through October 25, 2002, National Business Women's Week. Motion passed unanimously. 10b. PROCLAMATION DECLARING OCTOBER 20 THROUGH 26, 2002, TO BE ADMINISTRATIVE SERVICES WEEK Mayor Kragness read the Proclamation Declaring October 20 Through October 26, 2002, To Be Administrative Services Week. A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt Proclamation Declaring October 20 Through October 26, 2002, To Be Administrative Services Week. Motion passed unanimously. loc. AN ORDINANCE VACATING A PORTION OF A STREET RIGHT OF WAY: XERXES AVENUE NORTH FROM 55 AVENUE NORTH TO 300 FEET NORTH OF 56 TH AVENUE NORTH Mr. McCauley discussed that this ordinance vacation would vacate a portion of a street right -of -way in connection with the repositioning of the Brookdale Shopping Center and that the approval this evening is for a request to approve the first reading and set second reading and public hearing on November 12, 2002. • Councilmember Peppe requested that a public meeting be scheduled to discus with residents the Transit Hub issues. A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing on November 12, 2002. Motion passed unanimously. 10d. SCHEDULE JOINT MEETING WITH THE CHARTER COMMISSION ON OCTOBER 23, 2002, 7:00 P.M. IN THE COUNCIL /COMMISSION CONFERENCE ROOM This item was removed from the agenda. 11. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the City Council meeting at 7:43 p.m. Motion passed unanimously. City Clerk Mayor • 10/14/02 -9- DRAFT • City Council Agenda Item No. 7b W:T City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: October 23, 2002 A4 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 October 28, 2002. RENTAL Renewal: 6718 Colfax Avenue North Kenneth Fountain Initial: 6206 Brooklyn Blvd. Stanley J. W. Cooper 3306 Lawrence Road Todd & Kathryn Bleeker 6415 Lee Avenue North Ber X. Vang • SIGNHANGER Jones Sign Co Inc. 11 Hinkle Street, Green Bay, WI 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 • City Council Agenda Item No. 8 i City Council Agenda Item No. 8 Random Acts of Kindness Presentation of Recognition and Certificate Ceremony 1. City Council read nominations received for Random Acts of Kindness 2. Certificates issued to those nominees present 3. City Council will call RECESS to join the nominees for a photograph to be included in the next City Watch resident newsletter Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: October 23, 2002 SUBJECT: Random Acts of Kindness Since 1997, the City of Brooklyn Center has conducted the Random Acts of Kindness celebration during Cities Week, Sunday, October 6, through Saturday. October 12, 2002. An article seeking nominations, along with a nomination form, was printed in the September /October 2002 edition of the City resident newsletter, City Watch. Community organizations. schools, and churches were sent a letter inviting nominations, along with a nomination form. This year the City received nine nominations, of which 13 people were included and numerous volunteers at an elementary school. A letter was sent to the nominees (and carbon copied to the nominator) inviting them to participate in the Random Acts of Kindness recognition at the City Council meeting to be held October 28th. A copy of the letter sent on behalf of the City Council is attached. Those persons attending the recognition will receive their • certificates at the meeting. The certificates will be mailed to those nominees who are unable to attend the meeting. Attachments 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 City Council Seeking Nominations for Random Acts of Kindness City Of Brooklyn Center Nominate an individual or group today! 6301 Shingle Creek Parkway • Since 1997, the City of Brooklyn Center has celebrated Random Brooklyn Center, MN 55430 Acts of Kindness. During the.celebration of Cities Week to be e-mail the City at: held in October, the Brooklyn Center City Council would like to info @ ci.brooklyn - center.mn.us recognize all Brooklyn Center residents and groups who have City Hall (763) 569 -3300 performed Random Acts of Kindness that help to make our Recreation (763) 569 -3400 community a wonderful place- to live and work. We hope that you will join us in making this a significant celebration for our Emergency 911 community. Police non - emergency (763) 569 -3333 The City Council is asking that you nominate someone who has Job Information Line (763) 569 -3307 performed an act of kindness in the past year. You may send a Persons with hearing or speech impairment are served by the card or letter, or drawings or photographs of people performing MN Relay Service, 711 (TTY/Voice). kind acts, or use the City's nomination form. Your nomination Mayor Myrna Kragness will be displayed at City Hall, so feel free to make your Mayor (763) 569 -3450 nomination colorful and attractive. mayorkragness @ci.brooklyn- center.mn.us All Random Acts of Kindness nominees will be recognized by the Councilmember Kay Lasman City Council during an October meeting and be presented a Voicemail: (763) 569 -3448 certificate. We look forward to hearing from you. Join us in councilmemberlasman @ ci.brooklyn celebrating kindness in our community Councilmember Ed Nelson Voicemail: (763) 569 -3447 councilmembernelson @ ci.brooklyn-center.mn.us Ideas for Random Acts of Kindness Councilmember Robert Peppe V Voicemail: (763) 569 -3446 Give flowers to someone for no reason. councilmemberpeppe @ci.brooklyn- center.mn.us V Offer to help your child's school. V Help a neighbor weed or plant a garden. Councilmember Tim Ricker V Adopt a stray animal. Voicemail: (763) 569 -3449 • V Give another driver your parking spot. councilmemberricker @ ci.brooklyn- center.mn.us V Mow an elderly neighbor's yard. V Plant a tree. V Read to a child. City Manager Michael J. McCauley • Care for the sick. City Council meetings are held the 2nd and 4th Monday of the month at • Collect goods for your local food shelf or shelters for the 7 PM in the City Hall Council Chambers. Informal Open Forum is held homeless or abused. at 6:45 Pm before Council meetings. Watch City Council meetings live • Students can clean the classrooms for the janitor. on cable Channel 16. Replays shown Tuesdays at 6:30 PM and • Give blood. Wednesdays at 2:30 AM and 10:30 AM. Call City Hall to verify meeting dates and times (763) 569 -3300. Random Acts of Kindness Nomination Form O we, Fz�)u � kDFND1�A , would like to nominate the following person, so group, classroom, busines church, etc. for Random Acts ofKndness to be celebrated during Cities Week Name: 1 E _SJI 4_ 1D� r c L j `) a` 11 ' her SO() —. -k-r) Address:��l ��QC� - KI(�v� (include Street, ttg, Zip Code) Brief summary of kind act: UJ t�e , n � 1 71 PA4� r-�,<�c c a P d '-4,Q V iS - �(o r m • —�(^ n 1_ �`� � Use additional paper if needed Return 1 T NNomiina lion Form by October 1, 2002, to:' e -T - t ( a 1 o � `41-, bo,� I s Sck A(J r City of Brooklyn Center, Random Acts of Kindness, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 • �(i !(,�'I"�.�,'l^r� Ail ii"�� LUr„ =2�.�„ -Crzjs u�.�t S- .cCc.�.;.� -�.5 .2-� e;.✓s -b v, c . , J Ton rl ltc, LL� 4e, s -L�s G 0 City of Brooklyn Center A Millennium Communitv Random Acts of Kindness • Walk a neighbor's dog 0 Give a compliment • Donate your time to perform lawn services for 0 Tutor a student the elderly or disabled 0 Be a Safety Patrol and help kids get to and from • Collect soda can tabs for recycling and give the school safely proceeds to the Ronald McDonald house 0 Pick up litter (Adopt -A- Street or Park) • Make a paper chain with an act of kindness 0 Collect mittens or socks and give to those in written on each link need • Smile at someone who is frowning 0 Care for the sick • Feed a stranger's expired parking meter 0 Volunteer in the community (schools, hospitals, • Donate to a food shelf or clothing shelter churches, etc.) • Draw a picture of someone performing a kind act a Be a good neighbor • Photograph someone being kind to another 0 Plant a tree • Thank your secretary, boss, teacher, or friend for 0 Call a lonely person the little things they do 0 Open a door • Read to a child 0 In the grocery store, let a stranger behind you • Give flowers, just because with only one item go first • Offer a ride • Bake a hot dish for someone who just returned from the hospital Random Acts of Kindness Nomination Form Vwe, Brooklvn Center Women's Club would like to nominate the following ,. person, persons, group, classroom, business, church, etc. for Random Acts ofKindness, to be 3 celebrated during Cities Week October 6 through 12, 2002. Name: Lelabel O'Loughlin Address: 5843 Emerson Avenue North Brooklyn Center, I-IN. 55430 (include Street, City, Zip Code) Brief suinmary of kind act: Use additional paper if needed. Return Nomination Form by October 11, 2002, to: City of Brooklyn Center, Random Acts of Kindness, 6301 Shingle Creek Parkway, Brooklyn Center, MN SS430. • 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 • Lelabel O'Loughlin is the kind of person to whom "Random Acts of Kindness" come as naturally as breathing. She is a truly NICE person. Lee, as we call her, never gives a second thought when she is asked to help. At Our Lady of Victory, Lee serves on the money counting staff and prepares the deposit for the church. Lee helps at funerals by serving the lunch, and when anyone needs a ride to the grief support meeting or any other service, Lee is there to pick them up and deliver them home again.She brings communion to the Catholic patients at North Memorial Hospital. Lee also volunteers at CEAP. She does computer entry. When CEAP has a special event such as the "Caring Tree" to supply children with school supplies, "Celebrate the Children ", or the Christmas Program, • Lee is first in line to volunteer. Lee has many times taken time to fold and stuff envelopes for mailing from CEAP: If ever you should need the touch of another's hand or her smile to brighten your day, call on Lee. She gives these every day to each person she meets because this is her nature. For all the above reasons, and for all the things forgotten, we believe Lee is worthy of your consideration. We are happy to put the name of Lelabel O'Loughlin in for nomination as a person who gives "Random Acts of Kindness" to every one she meets. Tha k you, Doris Ranczka • Brooklyn Center Women's Club City Council Seeking Nominations for Random Acts of Kindness City Of Brooklyn Center Nominate an individual or group today! 6301 Shingle Creek Parkway *Since 1997, the City of Brooklyn Center has celebrated Random Brooklyn Center, MN 55430 Acts o Kindnes During the celebra s Week t e e-mail the City at: c s f n des g ion of C ities o b held in October, the Brooklyn Center City Council would like to info @ci.brooklyn recognize all Brooklyn Center residents and groups who have City Hall (763) 569 -3300 performed Random Acts of Kindness that help to make our Recreation (763) 569 -3400 community a wonderful place to live and work. We hope that you will join us in making this a significant celebration for our Emergency 911 community. Police non - emergency (763) 569 -3333 Job Information Line (763) 569 -3307 The City Council is asking that you nominate someone who has perform Service, an act of kindness in the past year. You may send a Persons with hearing speech impairment are served by the card or letter, or drawings or photographs of people performing MN Relay Service, 711 (TTY/Voice). kind acts, or use the City's nomination form. Your nomination Mayor Myrna Kragness will be displayed at City Hall, so feel free to make your Voicemail: (763) 569 -3450 nomination colorful and attractive. mayorkragness @ci.brooklyn- center.mn.us Councilmember Kay Lasman All Random Acts of Kindness nominees will be recognized by the Voicemail: (763) 569 -3448 City Council during an October meeting and be presented a councilmemberlasman @ci.brooklyn- center.mn.us certificate. We look forward to hearing from you. Join us in Councilmember Ed Nelson celebrating kindness in our community Voicemail: (763) 569 -3447 councilmembemelson@ci.brooklyn-center.rrm.us Ideas for Random Acts of Kindness Councilmember Robert Peppe Voicemail: (763) 569 -3446 �► Give flowers to someone for no reason. councilmemberpeppe @ci.brooklyn- center.mn.us y Offer to help your child's school. • 1► Help a neighbor weed or plant a garden. Councilmember Tim Ricker 1► Adopt a stray animal. Voicemail: (763) 569 -3449 1r Give another driver your parking spot. councilmemberricker @ci.brooklyn- center.mn.us • Mow an elderly neighbor's yard. • Plant a tree. City Manager Michael J. McCauley V Read to a child. IV Care for the sick. City Council meetings are held the 2nd and 4th Monday of the month at V Collect goods for your local food shelf or shelters for the 7 PM in the City Hall Council Chambers. Informal Open Forum is held homeless or abused. at 6:45 PM before Council meetings. Watch City Council meetings live 1► Students can clean the classrooms for the janitor. on cable Channel 16. Replays shown Tuesdays at 6:30 PM and V Give blood. Wednesdays at 2:30 Am and 10:30 AM. Call City Hall to verify meeting dates and times (763) 569 -3300. Random Acts of Kindness Nomination Form I /we, a r f h O 1 ,S � , would like to nominate the following person, persons, group, classroom, business, church, etc. for Random Acts ofKindnesg to be celebrated during Cities Week Name: I, e i+l IVY u e l l n e r Address: �b ` Z -1 `I v o k� (include Street, City, Zip Code)% Brief summary of kind act: 2 � `i + �. I t �' S U VY12 _ �w rd 1N\ 1 r k.67i7 • _4 n _n �_ � /-1 � � E� e__' I t Vy\ 11� _ o � � � C �-.. " � � � 1' � � u b S J Use addit onal paper if needed Return Nomination Form by October 1, 2002, to: r _t�C�/`y 4 o po 4h2 City of Brooklyn Center; Random Acts of Kindness, 6901 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 4-a�e- care a�- �-Ae �- low -ers — Z- h6nr MTr/e e� pv� Sit c -dab /e PDr o �5_rna City of Brooklyn Center A Millennium Community Random Acts of Kindness \ ; •f • Walk a neighbor's dog Give a compliment • Donate your time to perform lawn services for 0 Tutor a student the elderly or disabled 0 Be a Safety Patrol and help kids get to and from • Collect soda can tabs for recycling and give the school safely proceeds to the Ronald McDonald house 0 Pick up litter (Adopt -A- Street or Park) • Make a paper chain with an act of kindness 0 Collect mittens or socks and give to those in written on each link need • Smile at someone who is frowning 0 Care for the sick • Feed a stranger's expired parking meter 0 Volunteer in the community (schools, hospitals, • Donate to a food shelf or clothing shelter churches, etc.) • Draw a picture of someone performing a kind act a Be a good neighbor • Photograph someone being kind to another 0 Plant a tree • Thank your secretary, boss, teacher, or friend for 0 Call a lonely person the little things they do 0 Open a door • Read to a child 0 In the grocery store, let a stranger behind you • Give flowers, just because with only one item go first • Offer a ride • Bake a hot dish for someone who just returned from the hospital Random Acts of Kindness Nomination Form I /we, at Nara naHAA AY&CI'Wk, would like to nominate the following person, persons, gr classroom, business, church, etc. for Random Acts of Kindness, to be T celebrated during Cities Week, October 6 through 12, 2002. Name: a. n1 � LI (o u n c e' .�{ e e r I ki C O M m i 4eV M e4K Lr_r5 Address: 54() 6�- /� - Vey. . Brootc�,e�n Ceti -►�_ ssga j (include Street, City, Zip Cd Brief summary of Idnd act: C j, J at G- �, - �/cJ -I b G l q S [ �� t.� �fGG� �S I Y1 r?J �� ! 1 J V14� v J r h J 4 1 PAC./ e-r e) , Use additional p4 e if needed. Return Nomination Form by October 11, 2002, to: City of Brooklyn Center, Random Actg of Kindness, 6301 Shingle Creek Parkway, Brooklyn Center, MN SS430. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, IVIN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 't t cLLz Na lc- 6 f o ve H�- 5S t ,r Lea.. �o rc� f ro o 4,j ,, Rte r k 43 ShGS�t� -c� r me, r 07"� �a�`e,h - T, re- ( J r'fl o K � t'aa' � J p"1 � • ��`� September 22, 2002 • To Whom it May Concern, I am writing to tell you that Broolyn Center is a better place to live because of my neigbors Mike and Kim Schmitt. A year ago this fall my life took a sudden change of events. My husband of 20 years walked out on myself and my 3 children. This was a very difficult time for us. I would like to share a few of the things that Mike and Kim did for us during this difficult time in our lives. Mike offered to watch my 3rd grader each morning before the bus came so I wouldn't have to pay for daycare. At Christmas, Kim came over with a check for our family because she knew I was feeling bad that the money for Christmas gifts wouldn't be the same as in the past. Mike would check in periodically with my 8th grade son to show him that there was an adult besides me that cared about him and to see how he was doing. • When it snowed in the winter, Mike would snow blow my driveway for me. When Mike and Kim were having one of their trees cut down that had died, they offered to have the tree cutters cut down a branch on one of my trees that had died. They said it "was on them" and paid for this expense. These are just a few of the examples of the many kindnesses that they have shown me this past year and for the last 7 years that we have been neigbors. I also know that they both have been very active in the Brooklyn Center Little League over the years volunteering many many hours of their time. I just really wanted to recognize their kindness and when I saw the article in the Post it seemed like an opportunity to do so. Knowing Kim and Mike, they will be embarrassed that I brought this to you. They are the type of people that do the right thing and would prefer to remain anonymous. But I would like them to know that I truly appreciate them. Thanks for the opportunity to write this letter. Sincerely, Roxanne Lukes ® #763- 566 -4050 IT • � rl, City Council Seeking Nominations for Random Acts of Kindness City Of Brooklyn Center Nominate an individual or group today! 6301 Shingle Creek Parkway Since 1997, the City of Brooklyn Center has celebrated Random Brooklyn Center, MN 55430 • Acts of Kindness. During the celebration of Cities Week to be e -mail the City at: held in October, the Brooklyn Center City Council would like to info @ ci.brooklyn center.mn.us recognize all Brooklyn Center residents and groups who have City Hall (763) 569 -3300 performed Random Acts of Kindness that help to make our Recreation (763) 569 -3400 community a wonderful place to live and work. We hope that Emergency 911 you will join us in making this a significant celebration for our community. Police non - emergency (763) 569 -3333 Job Information Line (763) 569 -3307 The City Council is asking that you nominate someone who has performed an act of kindness in the past year. You may send a Persons with hearing or speech impairment are served by the card or letter, or drawings or photographs of people performing MN Relay Service, 711 (TTY/Voice). kind acts, or use the City's nomination form. Your nomination Mayor Myrna Kragness will be displayed at City Hall, so feel free to make your Voicemail: (763) 569 -3450 nomination colorful and attractive. mayorkragness @ci.brooklyn- center.mn.us Councilmember Kay Lasman All Random Acts of Kindness nominees will be recognized by the Voicemail: (763) 569 -3448 City Council during an October meeting and be presented a councilmemberlasman @ci.brooklyn- center.mn.us certificate. We look forward to hearing from you. Join us in Co uncilmember ilmember Ed Nelson celebrating kindness in our community Voicemail: (763) 569 -3447 councilmembemelson @ci.brooklyn-center.mn.us Ideas for Random Acts of Kindness Councilmember Robert Peppe Voicemail: (763) 569 -3446 • Give flowers to someone for no reason. IV Offer to help your child's school. councilmemberpeppe @ci.brooklyn- center.mn.us IV Help a neighbor weed or plant a garden. Councilmember Tim Ricker 1► Adopt a stray animal. Voicemail: (763) 569 -3449 Give another driver your parking spot. councilmemberricker @ci.brooklyn- center.mn.us 1r Mow an elderly neighbor's yard. 1► Plant a tree. City Manager Michael J. McCauley 7► Read to a child. IV Care for the sick. City Council meetings are held the 2nd and 4th Monday of the month at V Collect goods for your local food shelf or shelters for the 7 PM in the City Hall Council Chambers. Informal Open Forum is held homeless or abused. at 6:45 PM before Council meetings. Watch City Council meetings live p Students can clean the classrooms for the janitor. on cable Channel 16. Replays shown Tuesdays at 6:30 PM and r Give blood. Wednesdays at 2:30 AM and 10:30 AM. Call City Hall to verify meeting dates and times (763) 569 -3300. Random Acts of Kindness Nomination Form would like to nominate the following person, persons, group, classroom, business, church, etc. for Random Acts of Kindness, to be celebrated during Cities Week Name: �2 �e . Address: J? ,� , (�p�, (incde Street, City, Zip Code) Brief summary of kind act: e additional pKa if needed. Return Nomination Form by October 1, 2002, to: ✓ 2��" z J � s City of Brooklyn Center; Random Acts of Kindness, 6301 Shingle 1c Cak Parkway, Brooklyn Center, Minnesota 5430 s. We, the students and staff of Evergreen Park Elementary School, would like to nominate our SCHOOL VOLUNTEERS for Random Acts of Kindness, to be celebrated during Cities Week, October 6 through l2, 2002. Our wonderful volunteers do so many things such as reading, cutting, pasting, going on field trips, helping in our computer lab and media center, giving class holiday parties, cleaning up our school grounds and much, much more. They help to make our school the special, fun and enriching place that it is. Thank you volunteers! AID OX City of Brooklyn Center A Millennium Community Sample Letter To Notify Nominees October 15, 2002 Nominee Dear Nominee During the celebration of Cities Week held October 6 through 12, 2002, the City Council received nominations to recognize Brookl } ;n Center residents and groups who have performed random acts of kindness that help make our community a wonderful place to live and work. Congratulations! You have been nominated for a Random Acts of Kindness and will be recognized by the City Council during its Council meeting on October 28, 2002. The City Council meeting starts at 7 p.m. and is held at Brooklyn Center City Hall in the • Council Chambers. Your presence would be greatly appreciated. Attached is a copy of the nomination. If you have any questions, please contact City Clerk Sharon Knutson at 763 -569 -3306. Sincerely, Myrna Kragness, Mayor Kay Lasman, Council Member Ed Nelson, Council Member Bob Peppe, Council Member Tim Ricker, Council Member cc: Nominator • .. 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 OMT City of Brooklyn Center A Millennium Community September 20, 2002 Dear Community Member: During the celebration of Cities Week this fall, to be held October 6 through 12, 2002, the Brooklyn Center City Council would like to recognize all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. We hope that you will join us in making this a significant celebration for our community. We are asking that your group send us a card or letter, or use the enclosed nomination form, nominating someone who has performed an act of kindness in the past year. You may also send us drawings or photographs of people performing kind acts. Your nomination will be displayed at City Hall, so feel free to make your nomination colorful and attractive. I've enclosed a list of kindness projects and ideas to help you think of ways in which people perform kind acts in our daily lives. Random Acts of Kindness nominees will be formally recognized by the City Council during its October 28, 2002, meeting. All nominees will receive recognition by the City Council in the form of a conunendation. By separate card, please be sure that we receive the name and address of your nominee so that we can be certain that the City Council's commendation will be received by your nominee. Please plan to have your nominee attend the City Council recognition on October 28, 2002, at City Hall, 7 p.m., if possible. We look forward to hearing from you. Join us in celebrating kindness in our community! Sincerely, Myrna Kragness, Mayor Kay Lasman, Council Member Ed Nelson, Council Member Bob Peppe, Council Member Tim Ricker, Council Member Enclosure 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 City of Brooklyn Center A Millennium Community Random Acts of Kindness • Walk a neighbor's dog 0 Give a compliment • Donate your time to perform lawn services for 0 Tutor a student the elderly or disabled 0 Be a Safety Patrol and help kids get to and from • Collect soda can tabs for recycling and give the school safely proceeds to the Ronald McDonald house • Pick up litter (Adopt -A- Street or Park) • Make a paper chain with an act of kindness • Collect mittens or socks and give to those in written on each link need • Smile at someone who is frowning 0 Care for the sick • Feed a stranger's expired parking meter 0 Volunteer in the community (schools, hospitals, • Donate to a food shelf or clothing shelter churches, etc.) • Draw a picture of someone performing a kind act Bea good neighbor • Photograph someone being kind to another 0 Plant a tree • Thank your secretary, boss, teacher, or friend for • Call a lonely person the little things they do • Open a door • Read to a child 0 In the grocery store, let a stranger behind you • Give flowers, just because with only one item go first • Offer a ride • Bake a hot dish for someone who just returned fi the hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Random Acts of Kindness Nomination Form I /we, would like to nominate the following person, persons, group, classroom, business, church, etc. for Random Acts of Kindness, to be celebrated during Cities Week October 6 through 12, 2002. Name: Address: (include Street, City, Zip Code) Brief summary of kind act: Use additional paper if needed. Return Nomination Form by October 11, 2002, to: City of Brooklyn Center, Random Acts of Kindness, 6301 Shingle Creek Parkway, Brooklyn Center, MN SS430. 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 ABLE AMERICAN LITTLE LEAGUE BOY SCOUTS OF AMERICA DIANE DIETLER GARY LINDER MIKE SIMONET i NORTHPORT DRIVE 806 72ND AVENUE NORTH 5300 GLENWOOD AVENUE 7 OKLYN CENTER MN 55429 BROOKLYN CENTER MN 55430 GOLDEN VALLEY MN 55422 BROOKDALE HENNEPIN AREA MOLLY SCHAAF BROWN COLLEGE MINNESOTA SCHOOL OF BUSINESS 6125 SHINGLE CREEK PARKWAY 6870 SHINGLE CK PWKY 6050 SHINGLE CK PKWY BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 B C CHARITABLE FOUNDATION B C CHARTER COMMISSION B C COMMUNITY EDUCATION PHIL COHEN SY KNAPP DOUG DARNELL 5501 HUMBOLDT AVENUE NORTH 7221 RIVERDALE ROAD 6500 HUMBOLDT AVENUE NORTH BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 B C FRIENDSHIP QUILTERS B C HOUSING COMMISSION HIGH TECH INSTITUTE JOANNE HOLZKNECHT MARK YELICH 5701 SHINGLE CK PKWY STE 200 2618 65TH AVENUE NORTH 6018 BEARD AVENUE NORTH BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55429 BROOKLYN CENTER LIONESS BROOKLYN CENTER LIONS CLUB B C P!R COMMISSION ALICE HUMKE TOM SHINNICK BUD SORENSON 5641 EMERSON AVENUE NORTH 5324 OLIVER AVENUE NORTH 6901 TOLEDO AVENUE NORTH BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55429 • B C B C POLICE ASSOCIATION B C ROTARY PLANNING COMMISSION CURT LUND CHARLIE LEFEVERE TIM WILLSON 6645 HUMBOLDT AVENUE NORTH 470 PILLSBURY CENTER - 200 7007 DALLAS ROAD BROOKLYN CENTER MN 55430 SOUTH SIXTH BROOKLYN CENTER MN 55430 MINNEAPOLIS MN 55402 B C WOMEN'S CLUB B C YOUTH FOOTBALL DOROTHY JACOBSON GRANDVIEW 5837 VINCENT AVENUE NORTH 1006 WOODBINE LANE NORTH BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 BROOKLYN SWIM CLUB BROOKLYN TWINS SUPPER CLUB CATHY STORK KATHY FLESHER 4710 WINGARD LANE 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 COURAGE CENTER EARLE BROWN DAYS COMMITTE EARLE BROWN HERITAGE CTR VOLUNTEER COORDINATOR SUE LACROSSE JUDITH BERGELAND 3915 GOLDEN VALLEY ROAD 6301 SHINGLE CREEK PARKWAY 6155 EARLE BROWN DRIVE GOLDEN VALLEY MN 55422 BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 CITIES SENIOR TRANS. GREATER MPLS GIRL SCOUT DEBRUYN PEGGY ERICKSON 4221 LAKE ROAD 5601 BROOKLYN BOULEVARD ROBBINSDALE MN 55422 BROOKLYN CENTER MN 55429 HENNEPIN ARTIST'S ASSOC. LEISURE TIME NATIONAL LITTLE LEAGUE ROBIN GALLERY RUTH GEISSLER JOE LAROSE 4915 42ND AVENUE NORTH 6301 SHINGLE CREEK PARKWAY 5327 LOGAN AVENUE NORTH 0 BINSDALE MN 55422 BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 MPLS METRO N CONY & VISITORS NORTH SUBURBAN KIWANIS NWHHSC JOHN CONNELLY WARREN LINDQUIST 7601 KENTUCKY AVENUE NORTH 6200 SHINGLE CK PKWY STE 248 7030 EWING AVENUE NORTH BROOKLYN PARK MN 55428 BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55429 OSSEO COMMUNITY EDUCATION OUT OF SIGHT CLUB RSVP 11200 93RD AVENUE NORTH DIANE ZIETLER VOLUNTEER COORDINATOR MAPLE GROVE MN 55369 7021 UNITY AVENUE NORTH 2021 EAST HENNEPIN AVENUE BROOKLYN CENTER MN 55430 MINNEAPOLIS MN 55413 SUCCESS BY SIX- NWHHSC VOLUNTEERS IN ACTION 7601 KENTUCKY AVENUE NORTH 4148 WINNETKA AVENUE NORTH BROOKLYN PARK MN 55428 NEW HOPE MN 55427 APOSTOLIC LUTHERAN CHURCH BEREAN EVANGELICAL BROOKLYN UNITED METHODIST 6630 COLFAX AVENUE NORTH 6625 HUMBOLDT AVENUE N 7200 BROOKLYN BOULEVARD BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 BROOKLYN CENTER.MN 55429 • CHURCH OF CHRIST BROOKDALE COVENANT FELLOWSHIP BAPTIST CHURCH 6206 LILAC DRIVE NORTH 5139 BROOKLYN BOULEVARD 5840 LILAC DRIVE NORTH BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55429 BROOKLYN CENTER MN 55430 BROOKDALE CHRISTIAN CENTER CHURCH OF THE NAZARENE HARRON UNITED METHODIST 6030 XERXES AVENUE NORTH 501 73RD AVENUE NORTH 5452 DUPONT AVENUE NORTH BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 JEHOVAH JIREH CHURCH KOREAN PRESBYTERIAN CHURCH LUTH CHURCH OF THE MASTER 6120 XERXES AVENUE NORTH 6830 QUAIL AVENUE NORTH 1200 69TH AVENUE NORTH BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55429 BROOKLYN CENTER MN 55430 LUTH CHURCH OF TRIUNE GOD HMONG COMM ALLIANCE CHURCH SPIRITUAL LIFE CHURCH 5827 HUMBOLDT AVENUE NORTH 6240 ALDRICH AVENUE NORTH 6865 SHINGLE CREEK PARKWAY BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 f 25 LPHONSUS CHURCH EVERGREEN PARK ELEMENTARY JACKSON MIDDLE SCHOOL HALIFAX AVENUE NORTH PRINCIPAL PRINCIPAL BROOKLYN CENTER MN 5RTH 7020 DUPONT AVENUE NORTH 6000 109TH AVENUE NORTH BROOKLYN CENTER MN 55430 CHAMPLIN MN 55316 CHAMPLIN PARK HIGH SCHOOL GARDEN CITY ELEMENTARY TASC PRINCIPAL PRINCIPAL WINNETKA LEARNING CENTER jj&5 109TH AVENUE NORTH 3501 65TH AVENUE NORTH 7940 55TH AVENUE NORTH MPLIN MN 55316 BROOKLYN CENTER MN 55429 NEW HOPE MN 55428 PALMER LAKE ELEMENTARY HIGHVIEW ALTERNATIVE PROGRAM BROOKLYN JUNIOR HIGH PRINCIPAL 4139 REGENT AVENUE NORTH PRINCIPAL 7300 PALMER LAKE DRIVE WEST ROBBINSDALE MN 55422 7377 NOBLE AVENUE NORTH BROOKLYN PARK MN 55429 BROOKLYN PARK MN 55443 NORTH VIEW JUNIOR HIGH PARK CENTER SENIOR HIGH NORTHPORT ELEMENTARY PRINCIPAL PRINCIPAL PRINCIPAL 5869 69TH AVENUE NORTH 7300 BROOKLYN BOULEVARD 5421 BROOKLYN BOULEVARD BROOKLYN PARK MN 55428 BROOKLYN PARK MN 55443 BROOKLYN CENTER MN 55428 SANDBURG MIDDLE SCHOOL ROBBINSDALE COOPER HIGH TLC PRINCIPAL 2400 SANDBURG LANE 3730 TOLEDO AVENUE NORTH GOLDEN VALLEY MN 55427 8230 47TH AVENUE NORTH ROBBINSDALE MN 55422 NEW HOPE MN 55427 EARLE BROWN ELEMENTARY BROOKLYN CENTER JR -SR HIGH MOVING ON UP CHURCH PRINCIPAL PRINCIPAL 6834 HUMBOLDT AVENUE NORTH 5900 HUMBOLDT AVENUE NORTH 6500 HUMBOLDT AVENUE NORTH BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 • HMONG COMMUNITY ALLIANCE NEW BEG CHRISTIAN CENTER CROSS OF GLORY LUTHERAN 6240 ALDRICH AVENUE NORTH 7054 BROOKLYN BOULEVARD 5929 BROOKLYN BOULEVARD BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55429 BROOKLYN CENTER MN 55429 NHMP, INC. DISCOVER THE CENTER BROOKLYN HISTORICAL SOCIETY 3300 COUNTY ROAD 10 #212 KAREN YOUNGBERG ERNEE MCARTHUR BROOKLYN CENTER MN 55429 7767 ELM CREEK BOULEVARD #200 211855TH AVENUE NORTH MAPLE GROVE MN 55369 BROOKLYN CENTER MN 55430 MARANATHA CARE CENTER MARANATHA PLACE ALTERNATIVE SOLUTIONS 5401 69TH AVENUE NORTH 5415 69TH AVENUE NORTH 6300 SHINGLE CK PKY STE 190 BROOKLYN CENTER MN 55429 BROOKLYN CENTER MN 55429 BROOKLYN CENTER MN 55430 NW COMMUNITY TELEVISION NORTH HENNEPIN COMM COLLEGE BC FINANCIAL COMMISSION 6900 WINNETKA AVENUE NORTH 7411 85TH AVENUE NORTH DONN ESCHER BROOKLYN PARK MN 55428 BROOKLYN PARK MN 55445 3107 65TH AVENUE NORTH BROOKLYN CENTER MN 55429 IR OKLYN CENTER SUN -POST EARLE BROWN TERRACE ALTERRA STERLING HOUSE RI WINTERS, EDITOR 6100 SUMMIT DRIVE NORTH 6001 EARLE BROWN DRIVE 4080 WEST BROADWAY #113 BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 ROBBINSDALE MN 55422 SHINGLE CREEK TOWER CROSSINGS AT BROOKWOOD SERVICE LEAGUE OF HENNEPIN 6221 SHINGLE CREEK PARKWAY 6201 LILAC DRIVE NORTH COUNTY MEDICAL CENTER 0 OKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 701 PARK AVENUE MINNEAPOLIS MN 55415 -1829 CEAP TWIN LAKE NORTH WOVENHEARTS OF BC 6840 78TH AVENUE NORTH 4539 58TH AVENUE NORTH 6001 EARLE BROWN DRIVE BROOKLYN PARK MN 55445 BROOKLYN CENTER MN 55429 BROOKLYN CENTER MN 55430 • • • City Council Agenda Item No. 9a O • MEMORANDUM DATE: September'4, 2002 TO: Michael J. McCauley, City Manager FRONL: Scott A. Brink, Consulting Engineer D SUBJECT: An Ordinance Vacating Right of Way for Street Purposes, Humboldt Avenue North from 59 Avenue North to 60 Avenue North. Plans have been submitted by School District 286 providing for the reconstruction of Earle Brown School, including changes to Grandview Park. The City Council approved a Site Plan and Preliminary Plat for this item at their August 12, 2001 meeting. As part of the site plan submitted, a vacation of Humboldt Avenue between 59 Avenue North to 60 Avenue North is required. However, the 63 -foot wide existing right of way must remain as a drainage and utility easement. Therefore, it is proposed to vacate the right of way use as a public street. Xcel Energy, Reliant Energy, Qwest Communications, and AT &T have been notified of the • proposed vacation. None have any objections, provided the vacated area remains as a drainage and utility easement. It is recommended that the City Council authorize the proposed Ordinance Vacating Right of ,Way for Street Purposes, Humboldt Avenue North from 59 Avenue North to 60 Avenue North. r CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 9th day of September, 2002, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating certain public street right of way on Humboldt Avenue North between 59" Avenue North and 60"' 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 VACATING HUMBOLDT AVENUE NORTH RIGHT OF WAY . FOR STREET PURPOSES FROM 59 AVENUE NORTH TO 60 AVENUE NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Humboldt Avenue North public right -of -way located between the north line of 59"' Avenue North and the south line of 60" Avenue North is hereby vacated as a public street; provided, however, that a drainage and utility easement is retained and reserved within the area of the public street so vacated. • Section '2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2002. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) • • City Council Agenda Item No. 9b • MEMORANDUM DATE: September 16, 2002 TO: Michael J. McCauley, City Manager FROM: Scott Brink, Consulting Engineer SUBJECT: An Ordinance Vacating a Portion of a Storm Sewer Easement within Lot 20, Block 1, BOBENDRIER'S 4 TH ADDITION A legal representative for the owners of the above described property have requested that a portion of an existing storm sewer easement be vacated. In 1957 the Village of Brooklyn Center acquired a strip of land being 50 feet in width across certain properties for installation of a storm sewer system. In 1959 the property was platted as BOBENDRIER'S 4 TH ADDITION. This plat provided for a 30 foot wide easement (15 feet each side of the platted lot line to accormnodate the existing storm sewer. The underlying 50 foot wide easement was not vacated and the home at 7006 Halifax Ave. was built and encroached into the 50 foot easement. The owners are requesting to vacate the northerly 15 feet of the original 50 foot wide easement. This vacation will not affect the use and maintenance of the existin g storm sewer. Consistent with the City Charter, the first reading for and ordinance vacating certain portions of a storm sewer easement for Lot 20, Block 1, BOBENDRIER'S 4 TH ADDITION. • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 28' day of October, 2002, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating a certain utility easement within Lot 20, Block 1, BOBENDRIER'S 4" ADDITION. 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 VACATING A PORTION OF A STORM SEWER EASEMENT WITHIN LOT 20, BLOCK 1, BOBENDRIER'S 4 TH ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Vacate that portion of an easement for installation and maintenance of storm sewer over the north 50.0 feet of the south 683 feet of Lot 2, AUDITOR'S SUBDIVISION NO. 57, on file and of record being Document No. 3101441, Book 2157 of Deeds, Page 537, Hennepin County, Minnesota. The easement to be vacated is described as the north 15.0 feet of the above described easement lying within Lot 20, Block 1, BOBENDRIER'S 4" ADDITION, on file and of record, Hennepin County, Minnesota. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2 002. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) • • City Council Agenda Item No. 9c • e MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist/ DATE: October 22, 2002 SUBJECT: Public Hearing on An Amendment of the Tax Increment Financing Plan for Tax Increment District Number Four (TIF 4) Resolution Approving Amendment to the Tax Increment Financing Plan for Tax Increment Financing (Soils Condition) District No. 4 The City Council approved Resolution 2002 -122, a Resolution Calling for a Public Hearing on an Amendment of the Tax Increment Financing Plan for Tax Increment Financing District No. 4, on September 9, 2002. A copy of the public hearing notice is included with this memorandum. The public hearing scheduled for October 28 is for a proposed amendment to the Tax Increment Financing Plan for Tax Increment Financing (Soils Condition) District No. 4, known as the France • Avenue Business Park project, located on the former Joslyn site. The proposed amendment to TIF District No. 4 would "unfreeze" the original local tax rate which was "frozen" at the time the district was approved in 1999. The need for the amendment is related to the tax reform legislation enacted by the Legislature in 2001, which resulted in lower property tax revenues, which subsequently resulted in less tax increment to pay off existing TIF projects. In the case of Tax Increment Financing (Soils Condition) District No. 4 (France Avenue Business Park), TIF revenues generated by the Wickes site have been reduced by more than 40% of original projections. The 2002 legislative session enacted legislation to address the TIF shortfalls resulting from the 2001 property tax reform laws. One of the options available to address reduced tax revenues is to "unfreeze" the original tax rate. TIF laws generally do not allow cities to generate more tax increment by increasing the combined city, county and school district tax rate beyond the combined tax rate in effect when the TIF district was established. The 2002 law change allows the City to increase the original tax rate to the new combined tax rate. If the new tax rate is higher than the original tax rate, even with the 2001 property tax reform laws in effect, this would result in more increment available for the TIF district. e • MEMORANDUM October 22, 2002 Page 2 Included with this memorandum is a copy of the public hearing notice and proposed Amendment No. 1 to the Tax Increment Financing Plan for Tax Increment Financing (Soils Condition) District No. 4 (France Avenue Business Park project). The amendment would essentially provide that the original local tax rate established bhshed b Minnesota to y Statutes 469.177 subdivision 1 a, and certified at the establishment of TIF District No. 4, no longer applies and the City would increase the original tax rate to the level of the current tax rate. A public hearing for this item has been scheduled for 7 p.m. on October 28, 2002. Following the public hearing the City Council is requested to consider the enclosed Resolution Approving Amendment No. 1 to the Tax Increment Financing Plan for Tax Increment Financing (Soils Condition) District No. 4. • s CITY OF BROOKLYN CENTER HENNEPIN COUNTY • STATE OF MINNESOTA NOTICE OF PUBLIC HEARING ON AN AMENDMENT TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.4 NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center, Hennepin County, Minnesota, will hold a public hearing on Monday, October 28, 2002 at 7 P.M., or as soon thereafter as the matter may be heard, at the City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, regarding the adoption of a proposed amendment to the Tax Increment Financing Plan for Tax Increment Financing District No. 4, pursuant to Minnesota Statutes, Section 469.174 through 469.179, both inclusive, as amended. The amendments will provide, among other things, that the original local tax rate provisions of Minnesota Statutes, Section 469.177, subdivision 1(a), will not apply to Tax Increment Financing District No. 4. A copy of the amendment to the Tax Increment Financing Plan, as proposed to be adopted, is on file and available for public inspection at the office of the City Manager at City Hall. A map showing the location and boundaries of the Tax Increment Financing District No. 4 and Housing Development and Redevelopment Project, No. 1 are set forth as below: [INSERT MAPS HERE] • All interested persons may appear at the hearing and present their views orally or in writing. Dated: September 9, 2002 BY ORDER OF THE CITY COUNCIL /s/ Michael McCauley City Manager • ' �' °•w Al ri Min. " N'Y7 - 1IIA r � S ��h' ✓"'' m 3xaY31ry _ oa — OY iv1x0 OY Y Acv OY 11311Y A 2C1 Nl on 2s! 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N 31Y 331 ----- )1p1 -.j -- N 31V YOf ,i OOU KE N 31v 3BON '-' G �jY ( / OOZY Imm 311 CNWWW NN Y.Y fat 3BON a § � -•N �� N S •"'��— w ;\r 1wJ 1 {kY �; N �r A"- 71- N 31V 17Y0'M i5 i� ~ Y Mr 00it F M 31Y 1N3f3Y / _ N 31Y 11 rIMl y i - 002t 'Y • YI0 1 YI10 $ ']f N 31V U011; 0101 itES'i M 31Y OOM OOK Y g = 1 - • N3W 1113 Y - — Y N 31Y 7/Y11 Y31 IP C /TY 840GNZ FN I, Tax Increment Financing District No. 4 (Soils Condition) "I CIT 1 1E , N O O LL In 7Z� 4837 Azelia Ave. N. o \ — / � �, Co O d z 4825 Azelia Ave. N. �3 '00 L. �30 ( ) z (DO 7, 1 C:) M / / 3900 Lakebreeze Ave. N. I / ' ------ - —zl - - --------- .... .... . . ..... .. . . . ....... AKE- BREEZE -A 4 I m uj 'Raw • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AMENDMENT NO. 1 TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (SOILS CONDITION) DISTRICT NO. 4 BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (the "City ") as follows: Section 1. Recitals. 1.01. On March 8, 1999, the Economic Development Authority of the City of Brooklyn Center (the "Authority ") adopted, with the approval of the City Council, a resolution approving the Tax Increment Financing Plan for Tax Increment Financing (Soils Condition) District No. 4. The Authority has determined that it is necessary and desirable to amend the Tax Increment Financing Plan to, among other things, unfreeze the original local tax rate that applies to the Tax Increment District in accordance with Minnesota Statutes, Section 469.1792, and has prepared a document entitled Amendment No. 1 to the Tax Increment Financing Plan ( "Amendment No. 1"). The Authority has asked the City Council to approve Amendment No. 1 to the Tax Increment Financing Plan for Tax Increment Financing (Soils Condition) District No. 4 pursuant to and in accordance with Minnesota Statutes, Sections 469.090 to 469.123, both inclusive and Sections 469.174 to 469.1792, both inclusive, as amended. 1.02. The Authority has performed all actions required by law to be performed prior to the amendment of the Tax Increment Financing Plan for Tax Increment Financing (Soils Condition) District No. 4, including, but not limited to, notification of Hennepin County and Independent School District Number 281 which have taxing jurisdiction over the property included in Tax Increment Financing (Soils Condition) District No. 4, and has requested that the City approve Amendment No. 1 following the holding of a public hearing upon published and mailed notice as required by law. Section 2. Ratification of Findiniis for the Establishment of Tax Increment Financing (Soils Condition) District No. 4 and Approval of Amendment No. 1. 2.01. The City Council hereby ratifies and confirms its earlier findings made in its resolution adopted on October 8, 1999, that the establishment of Tax Increment Financing (Soils Condition) District No. 4 and adoption of a Tax Increment Plan therefor, are intended and, in the judgment of the City Council, its effect will be, to provide an impetus for the removal and remediation of hazardous substances on certain land in the City, which will allow for development of new manufacturing facilities and will increase employment and otherwise promote certain public purposes and accomplish certain objectives as specified in the Tax Increment Financing Plan. • 2.02. The City Council hereby ratifies and confirms its earlier findings made in its resolution adopted on October 8, 1999, that Tax Increment Financing (Soils Condition) District RESOLUTION NO. • No. 4 qualifies as a "soils condition district" within the he meaning of Minnesota Statutes, Section 469.174, Subdivision 19, for the following reasons: (a) The presence of hazardous substances, pollution, or contaminants requires removal or remedial action for use, and (b) The estimated cost of the proposed removal and remedial action exceeds the fair market value of the land before capitalization of the preparation. The reasons and supporting facts for the above findings are found in the Developer's Response Action Plan dated October 30, 1998. 2.03. The City Council hereby ratifies and confirms its earlier findings made in its resolution adopted on October 8, 1999, with respect to the following findings: (a) The City Council further finds that the proposed development, in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. The specific basis for such finding being: The presence of hazardous substances on property in the Tax Increment District makes the use of tax increment financing necessary to assist in the removal and remediation efforts in order to allow new development from the private sector. (b) The City Council further finds that the Tax Increment Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. The specific basis for such finding being: The Tax Increment Financing Plan will generally compliment and serve to implement policies p p s in the City's comprehensive plan. The facilities to be contemplated are manufacturing developments which comply with the existing zoning for the property. (c) The City Council further finds that the Tax Increment Financing Plan will afford maximum opportunity consistent with the sound needs of the City as a whole for the development of Tax Increment Financing (Soils Condition) District No. 4 by private enterprise. The specific basis for such finding being: The removal and remediation of hazardous substances and to ensure development will add new jobs within the City and will increase the market valuation of the City. (d) For purposes of compliance with Minnesota Statutes, Section 469.175, Subdivision 3(2), the City hereby finds that the increased market value of the property to • be developed within the Tax Increment District that could reasonably be expected to occur without the use of tax increment financing is $ -0 -, which is less than the market RESOLUTION NO. • value estimated to result from the ro osed development i.e. 15 p p p ( $ ,994,400) after subtracting the present value of the projected tax increments for the maximum duration of the Tax Increment District (i.e., $5,149,718). In making these findings, the City has noted that, the property has been undeveloped for many years and would likely remain so if tax increment financing is not available. Thus, the use of tax increment financing will be a positive net gain to the City, the School District, and the County, and the tax increment assistance does not exceed the benefit which will be derived therefrom. Section 3. Approval of Amendment No. 1 to Tax Increment Financing_ Plan for Tax Increment Financing (Soils Condition) District No. 4. 3.01. Amendment No. 1 to the Tax Increment Financing Plan for Tax Increment Financing (Soils Condition) District No. 4 is hereby approved. 3.02. The staff of the City, the staff of the Authority and the City's and Authority's advisors and legal counsel are authorized and directed to proceed with the implementation of Amendment No. 1 to the Tax Increment Financing Plan. Date Mayor • ATTEST: City Clerk The motion for the adoption of the foregoing resolution p g g on was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center, Minnesota Brooklyn Center EDA, Minnesota Amendment No. 1 to the Tax Increment Financing Plan for Tax Increment Financing (Soils Condition) District No. 4 (France Avenue Business Park Project) Original Plan Adopted: March 8, 1999 Amendment Dated: October 28, 2002 Prepared by: SPRINGSTED INCORPORATED 85 E. Seventh Place, Suite 100 • St. Paul, MN 55101 -2887 (651) 223 -3000 Purpose of Amendment No. 1 to the Tax Increment Financing Plan The purpose of the proposed TIF Plan Amendment is to elect p p p that the original local tax rate under Section 469.177, Subdivision 1 a, does not apply to Tax Increment Financing District #4. The City and EDA propose to invoke this special TIF deficit authority, as described in Section 469.1792, because the class rate compression and the elimination of the state - determined general education tax levy enacted by the Legislature and Governor in 2001 have reduced the FDA's ability to pay preexisting obligations in the TIF District. "Unfreezing" the original local tax rate will permit the City and EDA to mitigate the effects of the above state property tax system changes on its ability to pay TIF note debt service. • • i TABLE OF CONTENTS • Section Paae(s) A. Definitions ................................................................................... ............................... 1 B. Statutory Authorization ................................................................ ............................... 1 C. Statement of Need and Public Purpose ...................................... ............................... 1 D. Statement of Objectives .............................................................. ............................... 1 E. Designation of Tax Increment Financing District as a Soils Condition District............ 2 F. Duration of the TIF District and the Three Year Rule .................. ............................... 2 G. Property to be Included in the TIF District ................................... ............................... 3 H. Property to be Acquired in the TIF District .................................. ............................... 3 I. Specific Development Expected to Occur Within the TIF District ............................... 3 J. Findings and Need for Tax Increment Financing ......................... ............................... 3 K. Estimated Public Costs ............................................................... ............................... 5 L. Estimated Sources of Revenue ................................................... ............................... 5 M. Estimated Amount of Bonded Indebtedness ............................... ............................... 5 N . Original Net Tax Capacity ........................................................... ............................... 5 O. Original Tax Capacity Rate ......................................................... ............................... 6 P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment .......... 6 Q. Use of Tax Increment ..... :.......................................................................................... 7 R. Excess Tax Increment ................................................................ ............................... 8 S. Tax Increment Pooling and the Five Year Rule ........................... ............................... 8 T. Limitation on Administrative Expenses ........................................ ............................... 9 U. Limitation on Property Not Subject to Improvements - Four Year Rule ...................... 9 V. Estimated Impact on Other Taxing Jurisdictions ......................... ............................... 9 W. Local Government Aid Penalty .................................................... ............................... 10 X. Prior Planned Improvements ....................................................... ............................... 10 Y. Development Agreements .......................................................... ............................... 10 Z. Assessment Agreements ............................................................ ............................... 11 AA. Modifications of the Tax Increment Financing Plan ..................... ............................... 11 AB. Administration of the Tax Increment Financing Plan ................... ............................... 11 AC. Financial Reporting and Disclosure Requirements ...................... ............................... 12 Map of the Tax Increment Financing District .......................... ............................... EXHIBIT I Assumptions Report ............................................................... ............................... EXHIBIT II Projected Tax Increment Report ............................................ ............................... EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report ......... ............................... EXHIBIT IV Market Value Analysis Report ................................................ ............................... EXHIBIT V i Brooklyn Center EDA, Minnesota Section A Definitions • The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "Authority" means the Brooklyn Center Economic Development Authority. "City means the City of Brooklyn Center, Minnesota; also referred to as a "Municipality ". "City Council" means the City Council of the City; also referred to as the "Governina Bodv ". "County" means Hennepin County, Minnesota. "EDA Act" means Minnesota Statutes, Section 469.090 to 469.108, inclusive, as amended. "HRA Act" means Minnesota Statutes, Section 469.001 to 469.047, inclusive, as amended. "Redevelopment Proiect" means Housing Development and Redevelopment Project No. 1 in the City, which is described in the corresponding Redevelopment Plan. "Redevelopment Plan" means the Redevelopment Plan for Housing Development and Redevelopment Project No. 1. " Proiect Area" means the geographic area of the Redevelopment Project. "School District" means Independent School District No. 281, Minnesota. "State" means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1791, both inclusive. "TIF District" means Tax Increment Financing (Soils Condition) District No. 4. "TIF Plan" means the tax increment financing plan for the TIF District (this document). Section B Statutory Authorization See Subsection 1.3 of the Redevelopment Plan for the Redevelopment Project. Section C Statement of Need and Public Purpose See Subsection 1.2 of the Redevelopment Plan for the Redevelopment Project. Section D Statement of Objectives See Subsection 1.4 of the Redevelopment Plan for the Redevelopment Project. • VA SPRINGSTED Page 1 Brooklyn Center EDA, Minnesota Section E Designation of Tax Increment Financing District as a • Soils Condition District A soils condition district is a type of tax increment financing district in which one of the following conditions exist: (1) there exists the presence of hazardous substances, pollution or contaminants which require removal or remedial action for use, and such removal and remedial action is specified in a development action response plan; (2) the estimated cost of the proposed removal and remedial action exceeds the fair market value of the land before completion of the preparation. The requirement specified in (2) above may also be satisfied if each parcel of property in the district either meets the requirements of (2) above or has estimated removal and remedial costs which exceed $2 per square foot. Tax increments derived from a soils condition district may only be used to: (1) acquire parcels on which improvements described in (2) below will occur; (2) pay for the cost of removal or remedial action; and (3) pay for the administrative expenses of the authority allocable to the district, including the cost of preparation of the development action response plan. In resolutions adopted on October 8. 1999. the Authoritv and the Citv Council made findinas . that the TIF District qualifies as a soils condition district. The Authoritv and the Citv Council ratifv these findinas in amendina the TIF Plan. Section F Duration of the TIF District and the Three Year Rule Soils Condition districts may remain in existence 20 years from the date of receipt of the first tax increment. The Authority reserves the right to allow the TIF District to remain in existence the maximum duration allowed by law (projected to be through the year 2020) but aR ti .i pates that the - ric All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the Authority. In addition, no tax increments shall be paid to the Authority from the TIF District after three years from the date of certification unless within that time period: (1) bonds have been issued in aid of the Project Area (except revenue bonds issued pursuant to M.S. Sections 469.152 to 469.165); (2) the Authority has acquired property within the TIF District; or (3) the Authority has constructed public improvements within the TIF District. • VA SPRINGSTED Page 2' Brooklyn Center EDA, Minnesota Section G Property to be Included in the TIF District • The TIF District is approximately a 4- parcel, 45.92 -acre area of land located within the Project Area. A map showing he location of the TIF District is shown in Exhibit t I. The boundaries and area encompassed by the TIF District are described below: Parcel ID Number Leaal Description 10- 118 -21 -31 -0008 Lot 3, Block 1, Dale & Davies 1 St Addition 10- 118 -21 -31 -0028 Lot 2, Block 1, Dale & Davies 3` Addition 10- 118 -21 -31 -0027 Lot 1, Block 1, Dale & Davies T Addition 10- 118 -21 -23 -0004 Unplatted 10- 118 -21, that part of gov't Lot 2 lying swly. of rr r/w ex road The area encompassed by the TIF District shall also include all street or utility right -of -ways located upon or adjacent to the property described above. Section H Property to be Acquired in the TIF District The Authority may acquire and sell any or all of the property located within the TIF District; however, the Authority does not anticipate acquiring any such property at this time. Section I Specific Development Expected to Occur Within the TIF District The Redevelopment Project proposed for the site will consist of a phased development. • Phases will be developed with office /warehouse /industrial uses. It is anticipated the site will consist of approximately 400,000 to 500,000 square feet of industrial /warehouse /office space. The first facility is expected to be fully constructed in 2000 and be 100% assessed and on the tax rolls as of January 2, 2001 for taxes payable in 2002. Remaining Phases of the project will consist of development of the remaining developable area as an industrial park with office /warehouse and /or industrial uses. It is anticipated the development in the TIF District will occur in two to three phases. It is the intent of the Authority to allow each phase of development to receive tax increment from the TIF P District in equal duration. The result will be that each phase of the development will receive the same duration of tax increment as the other phases. At the time this document was prepared there were no signed construction contracts with regards to the above described development. Section J Findings and Need for Tax Increment Financing In establishing the TIF District, the City makes the following findings: (1) The TIF District qualifies as a soils condition district; See Section E of this document for the reasons and facts supporting this finding. • (2) The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value ue of the site that could VA SPRINGSTED Page 3 Brooklyn Center EDA, Minnesota reasonably be expected to occur without the use of tax increment would be less • than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan; The reasons and facts supporting this finding are that the developer has represented to the Authority that it would not undertake the proposed development without the assistance of tax increment financing. Private investment will not finance these development activities because of prohibitive costs. It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will occur within the Project Area. A comparative analysis of estimated market values both with and without establishment of the TIF District and the use of tax increments has been performed as described above and is shown in Exhibit V. This analysis indicates that the increase in estimated market value of the ro os p p ed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the TIF District and the use of tax increments. (3) The TIF Plan conforms to the general plan for development or redevelopment of the City as a whole; and The reasons and facts supporting this finding are that the TIF District is properly zoned, and the TIF Plan has been reviewed by the City Planning Commission and will generally compliment and serve to implement policies adopted in the City's comprehensive plan. • (4) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the Project Area by private enterprise. The reasons and facts supporting this finding are that the development activities are necessary so that development and redevelopment by private enterprise can occur within the Project Area. (5) The City elects the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, Subdivision 3b (see method b in Section P). • fA SPRINGSTED Page 4 Brooklyn Center EDA, Minnesota Section K Estimated Public Costs • The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Soils /Environmental $ 3,207,950.00 Geotechnical 1,000,000.00 Infrastructure 770,000.00 Acquisition 4,540,000.00 Demolition 140,000.00 Contingency 466;902.00 Groundwater Pumping and Monitoring 3,450,000.00 Total $13,574,852.00 The Authority reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue The Authority anticipates providing financial assistance to the proposed development through the use of a pay -as- you -go technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be distributed to the developer /owner as reimbursement for public costs incurred (see Section K). • The Authority reserves the right to finance any or all public costs of the TIF District using pay - as- you -go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Section M Estimated Amount of Bonded Indebtedness The Authority does not anticipate issuing tax increment bonds to finance the estimated public costs of the TIF District, but reserves the right to issue such bonds in an amount not to exceed $4,000,000. Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Estimated Market Value of all property within the TIF District as of January 2, 1998, for taxes payable in 1999, is $2,005,600. Upon establishment of the TIF District, and subsequent reclassification of property, it is estimated that the original net tax capacity of the TIF District will • be approximately $68,621. VA SPRINGSTED Page 5 I Brooklyn Center EDA, Minnesota Each year the County Auditor shall certify the amount that the original net tax capacity has • increased or decreased as a result of: (1) changes in the tax - exempt status of property; (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or (4) changes in property classification rates. Section O Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a) the sum of the current local tax rates at that time or (b) the original tax capacity rate of the TIF District. The sum of all local tax rates that apply to property in the TIF District, for taxes levied in 1998 and payable in 1999, is 134.261% as shown below. The County Auditor shall certify this amount as the original tax capacity rate of the TIF District. 1998/99 • Taxina Jurisdiction Local Tax Rate City of Brooklyn Center 36.998% Hennepin County 40.994% Independent School District No. 281 47.716% Metro Special Taxing Districts 6.035% Other Special Taxing Districts 2.518% Total 134.261% The Countv issued an amended certification of the TIF District with an oriainal tax capacity rate of 134.261% on Mav 25. 2000. To mitiaate the effects of the class rate compression and the elimination of the state - determined aeneral education tax levv enacted by the Leaislature and Governor in 2001. the Authoritv finds it necessary to invoke the special TIF deficit authoritv as described in Section 469.1792. Specifically. the Authoritv elects that the oriainal tax capacity rate, also known as the oriainal local tax rate under Section 469.177. Subdivision la. does not apply to the TIF District. Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. For communities affected by the fiscal disparity provisions of Minnesota Statutes, Chapter 473F and Chapter 276A, the original net tax capacity of the TIF District shall be determined before rd SPRINGSTED Page 6 Brooklyn Center EDA, Minnesota the application of fiscal disparity. In subsequent years, the current net tax capacity shall either (a) be determined before the application of fiscal disparity or (b) exclude the product of any fiscal disparity increase in the TIF District (since the original net tax capacity was certified) times the appropriate fiscal disparity ratio. The method the Authority elects shall remain the same for the life of the TIF District, except that a single change may be made at any time from method (a) to method (b) above. The City has elected method (b). The County Auditor shall certify to the Authority the amount of captured net tax capacity each year. The Authority may choose to retain any or all of this amount. It is the Authority's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit III which shows the projected tax increment generated over the anticipated life of the TIF District. Section Q Use of Tax Increment Each year the County Treasurer shall deduct 8:25°% approximately 0.36% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The Authority has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: (1) pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District (see Section T); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1 a; or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government. This prohibition does not apply to the construction or renovation of a parking structure a common area used as a public ark or a facility used for social recreational • � P P tY , or conference purposes and not primarily for conducting the business of the community. VA SPRINGSTED Page 7 Brooklyn Center EDA, Minnesota If there exists any type of agreement or arrangement providing for the developer, or other • beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the Authority shall use the excess tax increments to: (1) prepay any outstanding tax increment bonds; (2) discharge the pledge of tax increments thereof; (3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or (4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Section S Tax Increment Pooling and the Five Year Rule At least 80% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 20% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: (1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; (2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five -year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. (3) used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or (4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years from certification of the district. • Beginning with the sixth year following certification of the TIF District, at least 80% of the tax increments must be used to pay outstanding bonds or make contractual payments obligated 'N SPRINGSTED Page 8 Brooklyn Center EDA, Minnesota within the first five years. When outstanding bonds have been defeased and sufficient money • has been set aside to pay for such contractual obligations, the TIF District must be decertified. The Authority does not anticipate that tax increments will be spent outside of the TIF District (except for allowable administrative expenses); however, the Authority does reserve the right to allow for tax increment pooling from the TIF District in the future. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the Authority other than: (1) amounts paid for the purchase of land; (2) amounts paid for materials and services, including architectural and engineering services directly connected with the proposed development within the TIF District; (3) relocation benefits paid to, or services provided for, persons or businesses residing or located within the TIF District; or (4) amounts used to pay interest on, fund a reserve for, or sell at a discount, tax increment bonds. Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of the total estimated public costs authorized by the TIF Plan or (b) 10% of the total tax increment expenditures for the project. Section U Limitation on Property Not Subject to Improvements - Four Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The Authority must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. If a parcel is excluded from the TIF District and the Authority or owner of the parcel subsequently commences any of the above activities, the Authority shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other • taxing jurisdictions. The Authority believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A VA SPRINGSTED Page 9' Brooklyn Center EDA, Minnesota positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the • development therein becomes part of the general tax base. Section W Local Government Aid Penalty Tax increment financing districts established or expanded after April 30, 1990 may cause a reduction in the local government aid (LGA/HACA) received by the City from the State. For tax increment financing plans approved on of after July 1, 1995, the City may elect at the time of such approval to make qualifying local contributions to the project, and thereby be exempt from any loss of local government aid. For soils condition districts these contributions must equal 5.0% of the annual increment generated by the district. If the City elects to make the local contribution but fails to do so in any year, a reduction in local government aid will occur. The loss of aid will equal the greater of 1) the required local contribution or 2) the loss of aid which would have been incurred had the local contribution election not been made. Local contributions must be made out of unrestricted money and may not be made, directly or indirectly, with tax increments or developer payments. The contributions must be used to pay project costs and cannot be used for general government purposes or for costs which would have been incurred absent the project. The Authority may request contributions from other local governmental entities that will benefit from the establishment of the district. The City elects to make the qualifying local contributions to the project. Section X Prior Planned Improvements The Authority shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TIF District. Section Y Development Agreements If within a project containing a soils condition district, more than 10% of the acreage of the property to be acquired by the Authority is purchased with tax increment bonds proceeds (to which tax increment from the property is pledged), then prior to such acquisition, the Authority must enter into an agreement for the development of the property. Such agreement must provide recourse for the Authority should the development not be completed. The Authority anticipates entering into an agreement for development, but does not anticipate acquiring any property located within the TIF District. • VA SPRINGSTED Page 10 Brooklyn Center EDA, Minnesota Section Z Assessment Agreements The Authority may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The Authority does not anticipate entering into an assessment agreement. p 9 9 Section AA Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District; increase in the amount of bonded indebtedness to be incurred; increase in the amount of capitalized interest; increase in that portion of the captured net tax capacity to be retained by the Authority; increase in the total estimated public costs; or designation of additional property to be acquired by the Authority shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: the only modification (1 ) y od cation is elimination of parcels from the TIF District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the Authority agrees that the TIF District's original net tax capacity will be reduced by no more than the current et tax x capacit Y of the parcels eliminated. The Authority must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Section AB Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the Authority shall submit a copy of such plan to the Minnesota Department of Revenue. The Authority shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the TIF District. To assist the County Auditor in this process, the Authority shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The Authority shall also send the County Assessor any assessment agreement establishing the minimum market value of land and improvements in the TIF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the Authority the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes • generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In V: SPRINGSTED Page 11 Brooklyn Center EDA, Minnesota administering and implementing the TIF Plan, the following actions should occur on an annual • basis: (1) prior to July 1, the Authority shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: (a) the value of property that changes from tax - exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; (b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; (c) if the TIF District is classified as an economic development district, then the original net tax capacity shall be increased by the amount of the • annual adjustment factor; and (d) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the Authority of all changes made to the original net tax capacity of the TIF District. Section AC Financial Reporting and Disclosure Requirements The State Auditor shall enforce the provisions of the TIF Act, EDA Act, and HRA Act and shall have full responsibility for financial and compliance auditing of the Authority's use of tax increment financing. On or before August 1 of each year, the Authority must annually submit to the State Auditor, City Council, County Board and County Auditor, and the School District Board a report which shall: (1) provide full disclosure of the sources and uses of public funds in the TIF District; (2) permit comparison and reconciliation of the accounts and financial reports; (3) permit auditing of the funds expended on behalf of the TIF District; and • (4) be consistent with generally accepted accounting principles. The report shall include, among other items, the following information: VA SPRINGSTED Page 12 Brooklyn Center EDA, Minnesota (1) the original net tax capacity of the TIF District; • (2) the captured net tax capacity of the TIF District, including the amount of any captured net tax capacity shared with other taxing jurisdictions; (3) for the reporting period and for the duration of the TIF District, the amount budgeted under the TIF Plan, and the actual amount expended for, at least, the following categories: (a) acquisition of land and buildings through condemnation or purchase; (b) site improvements or preparation costs; (c) installation of public utilities, parking facilities, streets, roads, sidewalks, or other similar public improvements; (d) administrative costs, including the allocated cost of the Authority; and (e) public park facilities, facilities for social, recreational, or conference purposes, or other similar public improvements. (4) for properties sold to developers, the total cost of the property to the Authority and the price paid by the developer; and (5) the amount of increments rebated or paid to developers or property owners for privately financed improvements or other qualifying costs. • Additional information which must be annually reported to the State Auditor, by August 1 of each year, includes: (1) for the entire City: (a) the total principal amount of nondefeased tax increment bonds outstanding at the end of the previous calendar year; and (b) the total amount of principal and interest payments that are due for the current calendar year on tax increment bonds. (2) for each tax increment financing district in the City: (a) the type of district; (b) the date the TIF District is required to be decertified; (c) the amount of any payments and the value of in -kind benefits, such as physical improvements and the use of building space, that are financed with revenues from increments and are provided to another governmental unit during the preceding calendar year; (d) the tax increment revenues for taxes payable in the current calendar year; • SPRINGSTED Page 13 Brooklyn Center EDA, Minnesota (e) whether the TIF Plan permits tax increment revenues to be expended for • activities located outside of the TIF District, and (f) any additional information that the State Auditor may require. The Authority must also annually publish in a newspaper of general circulation in the City an annual statement for each tax increment financing district showing the tax increment received in that year, the original and captured net tax capacity, the amount of outstanding bonded indebtedness, the amount of increments paid to other governmental bodies, the amount paid for administrative costs, the sum of increment paid, directly or indirectly, for activities and improvements located outside of the district, the increase in property taxes if a fiscal disparity contribution is being made from outside of the district, and any additional information the Authority deems necessary. The Authority must publish the annual statement by August 1 of the next year and must provide a copy to the State Auditor by the time it submits the annual statement for publication. The reporting and disclosure requirements outlined in this section shall begin with the year the district was certified, and shall end in the year in which both the district has been decertified and all tax increments have been spent or returned to the county for redistribution. Failure to meet these requirements, as determined by the State Auditor's Office, may result in suspension of distribution of tax increment. • • VA SPRINGSTED Page 14 EXHIBIT I EP IT7 `�� _� _ . �; '•ybiTn yy . _ 1't �_� : .��. - � � � -- I }-�. — __ S .r �. �' �•.'; Ll:. J `' n..• 7 — #';� 52ND AVE. N. _- ��III Z \ _,R OAK ST. Tf ° 5'I ST = - � ;`✓F ti µ J� 1 10- 118 -21 -23 -0004 50TH AV N. ' ♦ V � J E —Ui I — _ g I u� RE 10- 118 -21 -31 -0027 a Q g I - w_ w i 10- 118 -21 -31 -0028 F 10-118 -21 -31 -0008 � - I - C �, - 48TH AVE. N. LAKESID� AVE N LAKE y �- n 47TH AVE . N. CH PAR ` m ti. •:} . 46TH AVE. N. 46TH AVE. N. . / Tax Increment Financing District No. 4 , -- (Soils Condition) EXHIBIT I (Continued) HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 01 PROJECT AREA MAP CITY OF BROOKLYN CENTER hilfiiBl!8t a ll }I:II3 : lit; - Wiffilif 11hid dliza Mils. Loll Aw AWAW AMA .rte i • r � I — ++ � � � � II i � � . 3 w � w I..r) \ � � � ww. w r I s �� S s I ^� � � � � I I Ark _ �. � 1 � � � � I •� 1 . ..._ I . I � y J 1 1 ' _ I I tl Z M yy �. jai 21 I I t as•� a I ' 0 p one ow mow AMWr CUTER 4. ■ I i .., a�•n• '* ,..... • �� , r AN ■ The Boundaries of Housing \ y Development and Redevelopment Project No.1 EXHIBIT II Assumptions Report City of Brooklyn Center, Minnesota Tax Increment Financing (Soils) District No. 4 (County 2103) France Avenue Business Park Project Scenario B - Phases I, II, & III TIF Combined - Unfrozen Tax Rate Type of Tax Increment Financing District Soils Condition Maximum Duration of TIF District 20 years from 1 st Increment Decertification Date 12/01/20 (19 Years of Increment) 2001/2002 2001/2002 Base Market Value Original Net Tax Capacity Phase I - Original Net Tax Capacity 548,856 14,606 Phase ll - Original Net Tax Capacity 350,923 9,339 Phase III - Original Net Tax Capacity 374,855 9,976 Nothing - Original Net Tax Capacity 148,104 3,941 Base Estimated Market Value 1,422,738 37,862 Total Original Net Tax Capacity $37,862 Assessment/Collection Year 2001/2002 2002/2003 200312004 2004/2005 Base Estimated Market Value $1,422,738 $1,422,738 $1,422,738 $1,422,738 Increase in Estimated Market Value 8,290,462 13,253,762 18,481 ,862 18,481,862 Total Estimated Market Value (1) $9,713,200 $14,676,500 $19,904,600 $19,904,600 • Phase I - Current Net Tax Capacity 158,000 153,250 157,250 157,250 Phase II - Current Net Tax Capacity 15,650 118,936 118,936 118,936 Phase III - Current Net Tax Capacity 18,014 17,994 118,556 118,556 Nothing - Current Net Tax Capacity 850 850 850 850 Total Net Tax Capacity (2) $192,514 $291,030 $395,592 $395,592 Base Inflation Factor NA Local Tax Capacity Rate (3) 146.909% 2001/2002 Frozen Tax Rate 134.261% Fiscal Disparities Contribution From TIF District 32.4875% Administrative Retainage Percent (maximum =10 %) 2.50% Pooling Percent 0.00% City Tax Rate (Only if Local -Effort TIF) NA Bonds Note (Pav -As- You -Go) Bonds Dated NA Note Dated 06/01/02 First Interest Date NA Note Rate 8.00% Underwriters Discount NA LGA/HACA Loss: Will Annual Local Contribution Be Made (Yes or No)? No I.S.D #281 Equalized Tax Capacity Rate NA I.S.D #281 Sales Ratio NA City Sales Ratio & Taxable Net Tax Capacity NA NA Present Value Date & Rate 06/01/02 5.50 • (1) Assume full value in Pay 2004. (2) Estimates provided by City Assessor. (3) Final 2002 rate provided by Hennepin County. Prepared by: Springsted Incorporated (printed on 9/26/2002 at 4:22 PM) TIF 4 Projections 092602.xIsAssumptions • • • Projected Tax increment Report City of Brooklyn Center, Minnesota Tax Increment Financing (Soils) District No. 4 (County 2103) France Avenue Business Park Project Scenario B - Phases 1, Ii, & III TIF Combined - Unfrozen Tax Rate Inflation rate: 0.00% Less: Less: Retained Times: Less: Less: Annual Total Original Fiscal Captured Tax Annual State Aud. Admin. Net Tax Total Annual Period Net Tax Net Tax Disp. 0 Net Tax Capacity Gross Tax Deduction Retainage Increment Revenue Ending Capacity Capacity 32.4875% Capacity Rate (a) Increment 0.425% 2.50% (all phases) Avail. for Note (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 12131/02 192,514 37,862 50,243 104,409 134.261% 140,181 596 3,490 136,095 136,095 12/31/03 291,030 37,862 82,248 170,920 146.909% 251,097 1,067 6,251 243,779 243,779 12/31/04 395,592 37,862 116,218 241,512 146.909% 354,803 1,508 8,832 344,463 344,463 12/31/05 395,592 37,862 116,218 241,512 146.909% 354,803 1,508 8,832 344,463 344,463 12/31106 395,592 37,862 116,218 241,512 146.909% 354,803 1,508 8,832 344,463 344,463 12/31/07 395,592 37,862 116,218 241,512 146.909% 354,803 1,508 8,832 344,463 344,463 12/31/08 395,592 37,862 116,218 241,512 146.909% 354,803 1,508 8,832 344,463 344,463 12/31/09 395,592 37,862 116,218 241,512 146.909% 354,803 1,508 8,832 344,463 344,463 12/31/10 395,592 37,862 116,218 241,512 146.909% 354,803 1,508 8,832 344,463 344,463 12131/11 395,592 37,862 116,218 241,512 146.909% 354,803 1,508 8,832 344,463 344,463 12/31/12 395,592 37,862 116,218 241,512 146.909% 354,803 1,508 8,832 344,463 344,463 12/31/13 395,592 37,862 116,218 241,512 146.909% 354,803 1,508 8,832 344,463 344,463 12/31/14 395,592 37,862 116,218 241,512 146.909% 354,803 1,508 8,832 344,463 344,463 12/31/15 395,592 37,862 116,218 241,512 146.909% 354,803 1,508 8,832 344,463 344,463 12/31/16 395,592 37,862 116,218 241,512 146.909% 354,803 1,508 8,832 344,463 344,463 12/31/17 395,592 37,862 116,218 241,512 146.909% 354,803 1,508 8,832 344,463 344,463 12/31/18 395,592 37,862 116,218 241,512 146.909 354,803 1,508 8,832 344,463 344,463 12/31/19 395,592 37,862 116,218 241,512 146.909% 354,803 1,508 8,832 344,463 344,463 12/31/20 395,592 37,862 116,218 241,512 146.909% 354,803 1,508 8,832 344,463 344,463 $6,422,929 $27,299 $159,885 $6,235,745 $6,235,745 (a) Applicable frozen tax rate. M X =-I Prepared by: Springsted Incorporated (printed on 9/26/2002 at 4 :22 PM) TIF 4 Projections 092602.xis EXHIBIT IV • Market Value Analysis Report • City of Brooklyn Center, Minnesota Tax Increment Financing (Soils) District No. 4 (County 2103) France Avenue Business Park Project Scenario B - Phases I, II, & III TIF Combined - Unfrozen Tax Rate Assumptions Present Value Date 06/01/02 P.V. Rate - Gross T.I. 5.50% Increase in EMV With TIF District $18,481,862 Less: P.V of Gross Tax Increment 3,960,700 Subtotal $14,521,162 Less: Increase in EMV Without TIF 0 Difference $14,521,162 Annual Present Gross Tax Value Year Increment 5.50% 1 2002 140,181 137,701 2 2003 251,097 233,797 3 2004 354,803 313,135 4 2005 354,803 296,810 • 5 2006 354,803 281,337 6 2007 354,803 266,670 .7 2008 354,803 252,768 8 2009 354,803 239,590 9 2010 354,803 227,100 10 2011 354,803 215,260 11 2012 354,803 204,038 12 2013 354,803 193,401 13 2014 '354,803 183,319 14 2015 354,803 173,762 15 2016 354,803 164,703 16 2017 354,803 156,117 17 2018 354,803 147,978 18 2019 354,803 140,263 19 2020 354,803 132,951 20 2021 0 .0 21 2022 0 0 22 2023 0 0 23 2024 0 0 24 2025 0 0 25 2026 0 0 $6,422,929 $3,960,700 • Prepared by: Springsted Incorporated (9/26/2002) Estimated Impact on Other Taxinq Jurisdictions Report City of Brooklyn Center, Minnesota Tax Increment Financing (Soils) District No. 4 (County 2103) France Avenue Business Park Project Scenario B - Phases 1, 111, & M TIF Combined - Unfrozen Tax Rate Without Prolect or TIF District With Project and TIF District Projected 2001/2002 Taxable 20012002 Retained New H Hypothetical 20012002 Taxable Adjust Tax Generated tical Hypothetical Taxing Net Tax Local Net Tax n by Retained Captured Taxable Adjusted Decrease I Jurisdiction Net (1) Tax Rate Net Tax Net Tax � Local Capacity (1) +Capacity Capacity Tax Rate (') Tax Rate (') N.aTp.Cred City of Brooklyn Center & HRA 13,156,341 68.901% 13,156,341 $241,512 13,397,853 57,839% 1.082% Hennepin County 836,803,010 139,689 50.4093'° 836,803,010 241,512 837,044,522 50.394% 0.015% 121,709 ISD 1!281 58,414,963 30.213% 58,414,963 241,512 58,656,475 Other (2) 30.089% 0.124% 72,668 7.386° — 241,512 Totals 146.909% 7.386% — 145.708% 1.201% ' Statement 1: If the projected Retained Captured Not Tax Capacity of the TIF District was hypothetically available to each of the taring Jurisdictions above, the result would be a lower local tax rate (see Hypothetical Adjusted Tax Rate above) which would produce the same amount of taxes for each taxing Jurladlction. In such a case, the total local tax rate would decrease by 1.201 % (see Hypothetical Decrease In Local Tax Rate above). The hypothetical tax that the Retained Captured Net Tax Capacity of the TIF District would generate is also shown above. Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing Jurisdictions, then there is no Impact on taxes levied or local tax rates. (1) Taxable net tax capacity = total net tax capacity- captured TIF - fiscal disparity contribution. (2) The Impact on these taxing judsdlcdons is negligible since they represent only 5.03% of the total tax rate. M X z C Prepay Springsted Incorporated (928/2002) • e City Council Agenda Item No. 10a OX City of Brooklyn Center A Millennium Community MEMORANDUM DATE: 10/18/2002 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services tns SUBJECT: Resolution Expressing Appreciation for the Gifts of the Brooklyn Center Club in Support of the Earle Brown Days Parade and the Entertainment in the Park Program The Brooklyn Center Lions Club has presented to the City a donation of five thousand dollars. ($5,000.00) They have designated that they be used to support the Earle Brown Days Parade. In addition, they have presented to the City a donation of two thousand dollars. ($2,000.00) They have designated that they be used to support the Entertainment in the Park Program. Staff recommends acceptance of these donations and asks that they be coded to the . corresponding activity budgets. • 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 Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE EARLE BROWN DAYS PARADE AND THE ENTERTAINMENT IN THE PARK PROGRAM WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of five thousand dollars ($5,000.00) and has designated it be used to support the Earle Brown Days Parade and WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of two thousand dollars ($2,000.00) and has designated it be used to support the Entertainment in the Park Program and WHEREAS, the City Council is appreciative of the donations and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: • 1. Acknowledges the donations with gratitude. 2. Appropriates the donations to the corresponding activity budgets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: • whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. lOb • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT FROM BOSTON SCIENTIFIC SCIMED, INC. IN SUPPORT OF THE BROOKLYN CENTER FIRE DEPARTMENT WHEREAS, Boston Scientific Scimed, Inc. has presented to the Brooklyn Center Fire Department a donation of four thousand dollars ($4,000) in remembrance of September 11, 2001; and WHEREAS, the Brooklyn Center Fire Department has designated the donation to be allocated to the purchase of a defibrillator or a thermal imaging camera; and WHEREAS, the City Council is appreciative of the donation and commends Boston Scientific Scimed, Inc. for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the donation of four thousand dollars ($4,000) from Boston Scientific Scimed, Inc. is received with gratitude and the donation is appropriated to the fire • department special grants fund budget. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote p 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. ��s,on Scientific - SCIME Boston Scientific Scimed, Inc. One Scimed Place Maple Grove, MN 55311 -1566 763.494.1700 October 10, 2002 Brooklyn Center Fire Department Attn: Ron Bowman 6645 Humbolt Ave. N. Brooklyn Center, MN 55430 Dear Ron Bowman: In remembrance of September 11, 2001, Boston Scientific 's Minnesota -based Cardiovascular group is pleased to make a $4000 contribution to our local fire department. We hope that this will make a positive difference in your efforts to rescue and save. • On behalf of our 2400 employees based in Maple Grove and Plymouth,. we are pleased to be able to support your efforts. Yours truly, U k v" Nan U P inlMurphy 4f Director of Communications Boston Scientific - Cardiovascular • City Council Agenda Item No. 10c • i t MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialise DATE: October 21, 2002 SUBJECT: Resolution Approving an Application to the Hemlepin County Enviromnental Response Fund In 1997 the Hennepin County Board of Commissioners established the Environmental Response Fund (ERF). The fund was set up pursuant to Minnesota Statutes which allow the establishment and collection of a mortgage registry and deed tax for deposit into an Environmental Response Fund (ERF) for Hennepin County. The ERF is to be used for the assessment and clean -up of contaminated sites located within Hemlepin County. The purpose of the ERF grant application before the EDA is to fund a portion of the clean -up of the Joslyn site. The specific project proposed to be funded with ERF grant funds is an unexpected clean -up created by a water main break on the portion of the project now occupied • by the Wickes building. The broken water line was a fire water supply line to the Wickes building and apparently failed due to a faulty pipe. The pipe has been repaired, but as is standard industry practice, the pipe manufacturer and contractor that installed the pipe are liable for replacing the pipe but not for any clean -up required as a result of the pipe failure. The results of the failure of the broken water pipe was that a small amount of contaminated soil was forced to the ground surface from below the parking lot serving as permanent cover and was deposited in the storm water retention pond on the site. A Remedial Action Plan, approved by the Minnesota Pollution Control Agency, has been prepared by the developer, Twin Lakes Business Park LLC, to mitigate the contaminated soils deposited in the retention pond. The project to clean up the soils will involve removal and burying of the top four inches of sediment, approximately 190 cubic yards, from the retention pond. The total cost of the project is $112,775 which includes actual cleaning costs and preparation of required work plans, lab tests and MPCA oversight. The estimated cost of the actual clean -up and the amount requested under the ERF program is $65,900, and includes storm pipe cleaning, pond de- watering, soil excavation, placement and capping along with the required documentation report and Minnesota Pollution Control Agency oversight. The Joslyn project has received Minnesota Department of Trade and Economic Development (DTED) and Metropolitan Council grant funds for clean -up of the site but, since this portion of the development project has been completed, DTED and Metropolitan Council funds are no longer • available. No local match is required as part of the ERF application, but the developer will be MEMORANDUM October 21, 2002 Page 2 providing $46,855 in matching funds which provides for preparation of the work plans for mitigating the soils contamination and lab testing of the soil and sediment samples. The resolution before the City Council expresses support for submission of an Environmental Response Fund application from the EDA to Hennepin County for the clean -up project. The State Statute, which authorized the Environmental Response Fund, requires that the Governing Body of the City must approve a resolution supporting the application. No matching funds will be paid by the City or EDA and the EDA's responsibility will be to administer and manage the grant funds if the project is approved by Hemlepin County. A copy of the grant application is included for Council review with the EDA agenda along with a companion EDA resolution. • • e Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AN APPLICATION TO THE HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND WHEREAS, an application requesting grant funds from the Hennepin County Environmental Response Fund has been prepared for submission by the Economic Development Authority of Brooklyn Center; and WHEREAS, the grant funds will be used for enviromnental clean -up of the Wickes Distribution Center site in the France Avenue Business Park; and WHEREAS, the State Statute which created the Environmental Response Fund requires approval by the governing body of the City for submission of a grant request to the Environmental Response Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Council supports the Envirommental Financial Grant Application submitted to the Hennepin County Department of Environmental Services on November 1, 2002, by the Economic Development Authority of Brooklyn Center for the France e Avenue Business Park Wickes Distribution Center site. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. e • City Council Agenda Item No. 10d • • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION REQUESTING ISSUANCE OF A 2002 -2003 WINTER TRAIL ACTIVITIES PERMIT FOR THE NORTH MISSISSIPPI REGIONAL PARK FROM THE THREE RIVERS PARK DISTRICT AND AUTHORIZING PERMIT APPLICATION IN SUBSEQUENT YEARS WHEREAS, the Three Rivers Park District issues Winter Trail Activities Permits to cities authorizing the use of certain regional trail segments located in their communities for winter activities; and WHEREAS, residents of the City of Brooklyn Center have expressed an interest in having a continuously plowed trail along that portion of the North Mississippi Regional Park trail that runs from the Minneapolis border to 57 Avenue; and WHEREAS, the City of Brooklyn Center has reviewed the conditions of the Winter Trail Activities Permit and has determined that the City can accomplish maintenance of this trail in compliance with these conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City requests issuance of a 2002 -2003 Winter Trail Activities Permit from the Three Rivers Park District for that segment of the North Mississippi Regional Park trail which runs through Brooklyn Center from the Minneapolis border to 57 Avenue. BE IT FURTHER RESOLVED that the City Council of the City of Brooklyn Center authorizes the City Manager to apply for a Winter Trail Activities Permit each year to provide for continued winter maintenance of this segment of the North Mississippi Regional Park trail, provided that the City continues to have the capacity to maintain this trail segment and that indemnification and insurance provisions are acceptable to the City's insurer. 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. • October 22, 2002 MEMO TO: Michael J. McCauley, City Manager FROM: Sharon Klumpp, Interim Assistant City Manager /Director of Public Works SUBJECT: Application for a Winter Use Permit from the Three Rivers Park District The City of Brooklyn Center has received comments from City residents expressing an interest in having the North Mississippi Regional trail plowed continuously from the Minneapolis border to 57 Avenue. Last year, Three Rivers Park District staff noted that the Brooklyn Center trail segment had been plowed, presumably by a park neighbor since the City had not been authorized by the Park District to maintain the trail. In requesting a Winter Use Permit to maintain this trail segment, the City must agree to the following conditions: • To indemnify the Park District for winter use of the trail and to add the Park District as an additional named insured, • • To maintain the trail between November 15, 2002 and March 31, 2003 and to repair any damage occurring to the trail as a result of winter use activities or winter trail maintenance, • To provide signage informing the public of permitted winter activities and the prohibition of snowmobiling, • To enforce City rules and regulations as part of the Winter Use Permit, and • To ensure that winter trail use is available to all persons, regardless of residence. In reviewing these conditions, the Public Works Superintendent and staff determined that the City has adequate capacity to provide winter maintenance of this trail segment. In addition, the League of Minnesota Cities Insurance Trust has reviewed the indemnification and insurance provisions, finding them within the scope of our insurance coverage. The attached resolution is needed to signify the City's agreement of the terms of the permit. Additionally, the resolution provides City Council authorization for staff to reapply for the permit each year, subject to the available capacity to provide these maintenance services and acceptance of the insurance provisions by the City's insurer. • I City Council Agenda Item No. 10e Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION CHANGING AUDIT FIRM FOR AUDIT SERVICES FOR 2002 FINANCIAL STATEMENTS WHEREAS, the audit services letter of engagement for audit services for the 2002 audit by Deloitte and Touche were received in early October, 2002; and WHEREAS, the cost identified in the 2002 engagement letter from Deloitte and Touche exceeded the cost originally proposed by Deloitte and Touche at the time audit service proposals were received in October, 2001, for services in 2001, 2002, and 2003; and WHEREAS, HLB Tautges and Redpath, the public accounting firm that submitted the next best proposal, was contacted to determine interest in providing services and confirmed they were interested; and WHEREAS, HLB Tautges and Redpath have submitted a letter of engagement for audit services for 2002 financial statements; and WHEREAS, the cost of audit services is consistent with the proposal submitted in October, 2001; and • WHEREAS, the City Council and the Financial Commission have reviewed the proposed letter of engagement from HLB Tautges and Redpath. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Brooklyn Center that the audit services for 2002 financial statements are hereby awarded to HLB Tautges and Redpath. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the letter of engagement for audit services for 2002 financial statements. 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.