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HomeMy WebLinkAbout2002 11-12 CCP Regular Session h 0 AGENDA CITY COUNCIL STUDY SESSION November 12, 2002 6:00 P.M. Council Commission Conference Room 1. City Council discussion of agenda items and questions 2. Discussion of Watershed Joint Powers Agreement 3. Discussion of date and process for Annual City Manager Review 4. Miscellaneous 5. Adjourn City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Lasman, Nelson, Peppe, and Ricker From: Michael J. McCauley City Manager Date: Novemberl2, 2002 / Re: Evaluation This item is on the agenda to discuss the format and timing for my annual evaluation and salary review. Attached is a copy of the form that was used last year. I have also attached a DRAFT 2002 form that would streamline the evaluation while including all of the items. The current form tends to be repetitive. I would suggest your consideration of the DRAFT 2002 form to be used this year. The next Council work session is on November 18 and there is a truth in taxation hearing scheduled for December 2 "d . Either of those dates would provide an opportunity to schedule a discussion of my evaluation without the time constraints of trying to accomplish this in a study session before a regular City Council meeting. Additional materials supplied to the Council last year included a summary of progress on City Council goals and major projects, and a spreadsheet of salary comparisons using the same group of cities used by the Financial Commission to review Council salaries. I would like to have the Council determine how it wishes to proceed with the evaluation process. That is: - do you want to use the same format updated for 2002 goals or use the streamlined DRAFT 2002 evaluation form? - when and how do you wish to meet regarding the evaluation? - do you want a recap from me similar to last year prior to your review, or would you like different or additional information? 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityolbrooklyncenter.org 2002 DRAFT REVISED FORM Page #1 DRAFT REVISED 2002 CITY MANAGER EVALUATION FORM 1. City Council Goals for 2002 Responsibility: The City Manager should - implement those goals that can be accomplished through staff - provide support and information to facilitate City Council achievement of its goals Overall Evaluation of Work on City Council Goals Overall, has the City Manager worked to implement and facilitate adopted City Council goals? Yes Partially No Comments: 2. Administrative Support for City Council: Responsibility Maintain effective communication, both verbal and written with Council Maintains availability to Council, either personally or through designated subordinates Systematic reporting to Council of current matters involving City government Materials presented to Council are clear, concise and understandable Has the City Manager provided the City Council with background and other information to allow the Council to make informed decisions as described above? Yes Partially No Comments: 2002 DRAFT REVISED FORM Page 92 - Has the City Manager assisted the City Council in clarifying complex issues and understanding administrative, legal and procedural requirements? Yes Partially No Comments: 3. Chief Administrative Officer duties: - Has the City Manager provided administrative oversight and direction in the following areas: - City Fiscal affairs (budget, expenditures) Plans and organizes preparation of an annual budget with documentation that conforms to the direction received from the City Council Supervises the utilization of human and fiscal resources within the budgetary plan Financial reporting is timely and understandable - City operations Services are delivered in a timely and effective manner (ie. snow plowing, police and fire response, park maintenance, recreation) Citizen issues are responded to appropriately and in timely fashion Issues affecting service delivery are anticipated and dealt with effectively - City projects - Annual street project is undertaken in organized and effective manner - City Enterprise operations - Water, sewer, and storm sewer funds are financially stable and services delivered in effective and efficient manner - Golf and Liquor funds are operated in a manner that results in meeting financial targets so that they are self - sufficient and meet Council goals for operation such as minimum of $75,000 transfer from Liquor Fund 2002 DRAFT REVISED FORM Page #3 - Earle Brown Heritage Center is operated as community asset, while meeting operational self - sufficiency from its own revenues Yes Partially No Comments: 4. Intergovernmental Relations: Has the City Manager: er: g - been sufficiently active in participating in municipal organizations to which the City belongs - had a relationship with other cities that is beneficial to the City of Brooklyn Center - been effective in communicating or representing Council positions to other governmental bodies - worked cooperatively with other organizations where beneficial to the City of Brooklyn Center Yes Partially No Comments: S. OVERALL EVALUATION OF PERFORMANCE: Overall, City Manager's efforts to implement and facilitate 2000 Council goals has been: Excellent Good Satisfactory Poor Comments: 2002 DRAFT REVISED FORM Page #4 Overall, City Manager's administrative support of City Council has been: Excellent Good Satisfactory Poor Comments: Overall, City Manager's discharge of administrative duties in fiscal affairs, operations, projects, and enterprises has been: Excellent Good Satisfactory Poor Comments: Overall, City Manager's efforts in intergovernmental matters have been: Excellent Good Satisfactory Poor Comments: 2002 Goals are not in any order of priority. Goal 1: Promote the Inclusion of All Residents in Brooklyn Center's Community Life By: - emphasizing opportunities to include the intent of this goal in all of the community's activities and plans Goal 2: Support Brookdale Redevelopment By: -use of tax - increment financing - monitoring developer performance and construction Goal 3: Continue and Improve Code Enforcement and Compliance Activities By: - coordinated efforts of the police and community development departments - increased effort and focus on high - density areas, while continuing neighborhood . enforcement - continuing to evaluate additional approaches to achieving improved compliance - increased enforcement of noise ordinances; barking dogs and other noise generating nuisances Goal 4: Increased Proactivity Toward Fighting Crime By: - increased visibility of police in neighborhoods and apartment complexes - continuing and expanding the participation rate in Neighborhood Watch Programs - including public safety information in all City newsletters Goal 5: Actively Support Northeast Comer of 69 Avenue and Brooklyn Boulevard Redevelopment By: - completing project and monitoring developer performance Goal 6: Complete Community Center and City Hall Retrofitting Project By: - completing projects as planned Goal 7: Continue and Implement Long -Term Financial Planning By: - continued five -year planning for utilities and capital improvements - reviewing and developing contingency planning - continuing to evaluate the City's financial priorities Goal 8: Support and Promote Major Road and Street Improvement Projects By: - completing Brooklyn Boulevard project with the County in the year 2002 and streetscaping in 2003 - Highway 100: - continuing to support and participate in the North Metro Mayor's Highway 100 Council - keeping project schedule with Mn /DOT - completion of the proposed France Avenue routing - Supporting and participating in the Interstate 694 widening project, with improved sound walls, and in a manner advantageous to the City of Brooklyn Center Goal 9: Plan for Destination Parks By: - implementation and review of a specific financial plan for destination park improvements in the Capital Improvement Plan Goal 10: Support and Expand Joslyn Site Development By: - working with the developer to complete Phase III Goal 11: Continuing Traffic Enforcement Efforts and Expand Information Available to the Public By: - continuing enforcement efforts through multiple resources - continuing and expanding information to the public on traffic safety and calming efforts - enforcement of noise ordinances as they relate to noise originating from vehicles and vehicular use Goal 12: Utilize Recommendations Developed in the Opportunity Site Process to Create a Vision and Plan for Brooklyn Center's Central Business District By: - additional public input on directions and priorities for development and redevelopment of the Central Business District - establishing specific development priorities for the next five -ten years - modifying and updating the Comprehensive Plan consistent with the results of public input and planning processes I Page #1 2001 CITY MANAGER EVALUATION FORM 1. City Council Goals for 2001 Responsibility: The City Manager should - implement those goals that can be accomplished through staff - provide support and information to facilitate City Council achievement of its goals Goal 1: Support Brookdale Redevelopment By: • use of tax increment assistance • review and evaluation of land use applications • prompt construction and plan review /inspection • monitoring developer performance - Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: City Manager Comments: Development Agreement revised with Talisman Brookdale, L.L. C. - NW corner demolished - Food court, Barnes & Noble & Old Navy Area shell constructed - Court between Penney's & Sears nearly completed - Storm sewer work substantially completed - Addition near Marshall Fields under construction - New entrance by Sears under constructions Goal 2: Continue and Improve Code Enforcement and Compliance Activities By: • coordinated efforts of the police and community development departments • increased effort and focus on high - density areas, while continuing neighborhood enforcement • continuing to evaluate additional approaches to achieving improved compliance - Has the City Manager worked to implement and facilitate this adopted City Council goal? Page #2 Yes Partially No Comments: City Manager Comments: - interdepartmental team worked well again this year - sweep of entire City completed ahead of schedule - CDBG monies continued from last year's re- allocation to provide greater level of assistance to persons in maintaining and repairing homes through a joint effort of CEAP and HOME (Note: those CDBG monies are not affected by approval to transfer other CDBG monies to the Shingle Creek Towers rehabilitation.). Goal 3: Increased Proactivity Towards Fighting Crime By: • increased visibility of police in neighborhoods and apartment complexes • continuing and expanding the participation rate in Neighborhood Watch programs • including public safety information in all City newsletters - Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: City Manager Comments: information included in every City Watch newsletter; continued police work on visibility and continued high neighborhood watch participation. Weekly inspections of Summerchase parking lot, assignment of police liaisons to apartments and motels; active participation by Community Development and Police in ARM. Page #3 Goal 4: Actively Support Northeast Corner of 69th Avenue and Brooklyn Boulevard Redevelopment By: • exploring responsible and credibly- financed development proposals • ensuring hat plans support the long-term goals of the City's g p pp g g Y Comprehensive Plan - Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: City Manager Comments: EDA selected developer. All parcels acquired to facilitate redevelopment. Developer appears to be unable to perform. Assuming developer does not cure his current default, EDA will be asked if it wishes to proceed with the other development proposal that was received or to re- solicit proposals. Goal 5: Continue Planning For and Beginning Construction of Community Center and City Hall Work By: • developing final designs and cost estimates for the project • moving towards substantial construction of the project in 2001 - Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: City Manager Comments: Construction underway with a plan that will greatly enhance community access and opportunities. Page #4 Goal 6: Continue and Implement Long -Term Financial Planning By: • continued five -year planning for utilities and capital improvements • continuing /expanding five -year planning for other funds • reviewing and developing contingency plamling • moving toward development of two to three year budget projections for the City • continuing to evaluate City priorities - Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: City Manager Comments: five year planning in capital and enterprise funds completed; unable to project in General Fund due to inability to projectstatus of Legislative directives and limits on cities to raise revenue or receive aids from the State; golf fund plan is current for S+ years Goal 7: Support and Promote Major Road and Street Improvement Projects By: • starting the Brooklyn Boulevard project with the county in the year 2001 (completion in the year 2002) • Highway 100: - continuing to support and participate in the North Metro Mayor's Highway 100 Council - keeping project schedule with Mn/DOT • supporting and participating in the Highway 694 widening project, with improved sound walls, by Mn/DOT - supporting other arterial enhancements as opportunities arise Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: Page #5 City Manager Comments: continued participation in North Metro Highway 100 Council; - Land trade closed with car dealers to finalize right of way acquisition and provide access for the Oldsmobile dealer so that a large parcel would not be limited to right in right out only access; - Brooklyn Blvd. Construction underway - Design work underway for Phase IV - Design work for France avenue underway - Continued work with MnDOT on 941694 design issues Goal 8: Plan for Destination Parks By: • development of a specific financial plan for destination park improvements in the Capital Improvement Plan Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: City Manager Comments: affordable S year plan incorporated into Capital Improvement Plan Goal 9: Support and Expand Joslyn Site Development By: • working with the developer to complete phases II and III • measuring compatibility of the proposed France Avenue routing with neighborhood/development - Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Page #6 Comments: City Manager Comments: Phase His substantially complete, Phase III has been graded and grant applications made for Phase III; the recent class rate changes made by the Legislature are having a negative impact on thisproject since it reduces the increment generated and the notes are pay as you go notes (with the exception of the transfer approved by the Council for Phase III from TIF district III). Goal 10: Continue Traffic Calmin g Effort and Information Available to the Public Efforts an d Expand By: • continuing enforcement efforts through multiple resources • continuing and expanding information to the public on traffic safety and calming efforts - Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: City Manager Comments: police continue targeted enforcement, information planned for inclusion in newsletters; safety camp held again this summer; installation of new crosswalk signs in chartreuse color, public works evaluates projects for ways to achieve this goal Goal 11: Special Visioning Proj ect to Create a Redevelopment Strategy Based on the City's Vision For the Future and Developing Opportunities to Promote Inclusion of ALL Residents in Brooklyn Center's Community Life By: • undertaking accomplishment of this goal in the Central Business District with the use of consultants who would facilitate public meetings and perform studies that would assist the City Council in developing a framework Page #7 Has the City Manager worked to implement and facilitate this adopted City Council goal? Yes Partially No Comments: City Manager Comments: Smart Growth Grant meetings have been held and a number of meetings attended. We are awaiting the design concept refinement based on the meetings and the input provided from the Council on the necessary components for the design elements. Overall Evaluation of Work on City Council Goals 1. Overall, has the City Manager worked to implement and facilitate adopted City Council goals? Yes Partially No Comments: Page #8 2. Administrative Support for City Council: Responsibility Maintain effective communication, both verbal and written with Council Maintains availability to Council, either personally or through designated subordinates Systematic reporting to Council of current matters involving City government Materials presented to Council are clear, concise and understandable - Has the City Manager provided the City Council with background and other information to allow the Council to make informed decisions as described above? Yes Partially No Comments: - Has the City Manager assisted the City Council in clarifying complex issues and understanding administrative, legal and procedural requirements? Yes Partially No Comments: 3. Chief Administrative Officer duties: - Has the City Manager provided administrative oversight and direction in the following areas: - City Fiscal affairs (budget, expenditures) Plans and organizes preparation of an annual budget with documentation that conforms to the direction received from the City Council Supervises the utilization of human and fiscal resources within the budgetary plan Page #9 Financial reporting is timely and understandable - City operations Services are delivered in a timely and effective manner (ie. snow plowing, police and fire response, park maintenance, recreation) Citizen issues are responded to appropriately and in timely fashion Issues affecting service delivery are anticipated and dealt with effectively - City projects - Annual street project is undertaken in organized and effective manner - City Enterprise operations - Water, sewer, and storm sewer funds are financially stable and services delivered in effective and efficient marmer - Golf and Liquor funds are operated in a manner that results in meeting financial targets so that they are self - sufficient and meet Council goals for operation such as minimum of $75,000 transfer from Liquor Fund - Earle Brown Heritage Center is operated as community asset, while meeting operational self - sufficiency from its own revenues Yes Partially No Comments: 4. Intergovernmental Relations: Has the City Manager: - been sufficiently active in participating in municipal organizations to which the City belongs - had a relationship with other cities that is beneficial to the City of Brooklyn Center - been effective in communicating or representing Council positions to other governmental bodies - worked cooperatively with other organizations where beneficial to the City of Brooklyn Center Page #10 Yes Partially No Comments: 5. OVERALL EVALUATION OF PERFORMANCE: Overall, City Manager's efforts to implement and facilitate 2000 Council goals has been: Excellent Good Satisfactory Poor Comments: Overall, City Manager's administrative support of City Council has been: Excellent Good Satisfactory Poor Comments: Overall, City Manager's discharge of administrative duties in fiscal affairs, operations, projects, and enterprises has been: Excellent Good Satisfactory Poor Comments: Overall, City Manager's efforts in intergovernmental matters have been: Excellent Good Satisfactory Poor Comments: City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor and City Council Members FROM: Michael J. McCauley, City Manager 3 1V DATE: November 6, 2002 SUBJECT: Watershed Joint Powers Agreement Attached are some materials prepared by Charlie LeFevere at my request. As you may recall, the watershed management commissions increased the annual charges to the member cities at a substantial rate. When Mayor Kragness and I met with other cities to discuss the proposed watershed budgets, there was a consensus amongst the cities that several of the items that were driving the increased charges were not items seen as necessary by the member cities. In fact, some of the outreach and educational items contained in the p osa ro l were duplicative of efforts p p being ndertaken b some of the c' g y sties. Additionally, evaluation was that the watershed shed commission educational activities or meetings could just as easily be conducted by the cities and at a substantially lower cost. Mr. LeFevere has drafted a proposed amendment to the Joint Agreement for the watershed Commissions that would require that proposed budgets receive unanimous approval by all of the member cities. Before circulating this to see if there is interest amongst the member cities, I would like direction from the City Council if you would like to have this sent to the other cities for their reaction. 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 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: / /www.kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy - graven.com October 29, 2002 Mr. Mike McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Shingle Creek and West Mississippi Watershed Management Commissions — Joint Powers Agreements Dear Mike: You requested that I draft amendments for the Shingle Creek and West Mississippi Watershed Management Commissions joint powers agreements that would require the consent of all member cities before the Commissions could increase their assessments to the cities. Proposed amendments are attached. Very truly yours, Charles L. LeFevere CLL:lh Enclosures CLL- 220974vl BR291 -4 AMENDMENT TO JOINT AND COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF A SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF THE SHINGLE CREEK WATERSHED This Amendment is made as of the date it is executed by all of the parties to this Amendment. WHEREAS, the Shingle Creek Watershed Management Commission was created by a Joint Powers Agreement between the cities of Brooklyn Center, Brooklyn Park, Crystal, Maple Grove, Minneapolis, New Hope, Osseo, Plymouth and Robbinsdale, Minnesota, (the "Agreement "); and WHEREAS, the parties to the Agreement wish to amend the Agreement as hereinafter set forth. NOW, THEREFORE, on the basis of the premises it is agreed by the parties above named that paragraph VIII, Subd. 4 of the Agreement is amended as follows: Subdivision 4. On or before July 1 of each year, the Board shall adopt a detailed budget for the ensuing year and decide upon the total amount necessary for the general fund. Budget approval shall re g pp quire a favorable vote by two - thirds of all eligible votes of then existing members of the Board. The secretary of the Board shall certify the budget on or before July 1 to the clerk of each member governmental unit together with a statement of the proportion of the budget to be provided by each member. The Council of each member agrees it will review the budget, and the Board shall upon notice from any member received prior to August 1, hear objections to the budget, and may, CLL- 2209800 BR291 -4 1 upon notice to all members and after a hearing, modify or amend the budget, and then give notice to the members of any and all modifications or amendments. Each member agrees to provide the funds required by the budget and said determination shall be conclusive if no member enters objections in writing on or before August 1. If no objections are submitted to the Board, each member agrees to provide the funds approved by the Board, after the Board has conducted the aforementioned hearing. Modifications or amendments to the original budget require a favorable vote by a majority of all eligible voters of then existing members of the Board. If the proposed budget for the i2eneral fund requires a total contribution from the members in an amount that exceeds the total contribution for the precedinu Year, such increase shall not be effective unless approved by resolutions of the city councils of all members, adopted prior to September 1. If the increase in total contributions is not so approved by September 1,_the buds2et shall be amended so as not to reauire such an increase in total contribution from all members. The budget shall not in any event require any member to contribute in excess of one -half of a mill on each dollar of assessed valuation of all taxable property within the watershed and within said members corporate boundaries. The schedule of payments by the members shall be determined by the board in such a manner as to provide for an orderly collection of the funds needed. Upon notice and hearing, the board by a favorable vote of three- fourths of all eligible votes of then existing members may adopt a supplemental budget requiring additional payments by the members within 60 days of its adoption but in no event shall the budget require any member to contribute in excess of one -half of a mill on each dollar of assessed CLL- 220980v 1 BR291.4 2 valuation of all taxable property within the watershed or within any member's corporate boundaries in any one calendar year. Members' attention is drawn to Minnesota Statutes, Section 473.882, which authorized a Watershed Management Tax District to be created within each member City to pay the costs of planning and for the purpose of paying capital costs and/or normal and routine maintenance of facilities. This Amendment shall be effective upon the filing of a certified copy of the resolutions approving this Amendment by all nine members of the Shingle Creek Watershed Management Commission. Said resolutions shall be filed with the City Manager of the City of Brooklyn Center, who shall notify all members in writing of its effective date. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Amendment to be executed in accordance with Minnesota Statutes, Section 471.59. CLL- 220980v1 sR291 -4 3 i Approved by the City Council CITY OF MINNEAPOLIS , 2002. By Mayor Approved as to legality: Attest City Clerk Countersigned Assistant City Attorney City Comptroller- Treasurer Approved by the City Council CITY OF BROOKLYN CENTER , 2002. By Attest Approved by the City Council CITY OF BROOKLYN PARK , 2002. By Attest Approved by the City Council CITY OF CRYSTAL , 2002. By Attest Approved by the City Council CITY OF MAPLE GROVE , 2002. By Attest Approved by the City Council CITY OF NEW HOPE , 2002. By Attest Approved by the City Council CITY OF OSSEO , 2002. By Attest Approved by the City Council CITY OF PLYMOUTH , 2002. By Attest Approved by the City Council CITY OF ROBBINSDALE , 2002. By Attest CLL- 220980v 1 BR291 -4 4 AMENDMENT TO JOINT AND COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF A WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF THE WEST MISSISSIPPI WATERSHED This Amendment is made as of the date it is executed by all of the parties to this Amendment. WHEREAS, the West Mississippi Watershed Management Commission was created by a Joint Powers Agreement between the cities of Brooklyn Center, Brooklyn Park, Champlin, Maple Grove, and Osseo, Minnesota, (the "Agreement "); and WHEREAS, the parties to the Agreement wish to amend the Agreement as hereinafter set forth. NOW, THEREFORE, on the basis of the premises it is agreed by the parties above named that paragraph VIII, Subd. 4 of the Agreement is amended as follows: Subdivision 4. On or before July 1 of each year, the Board shall adopt a detailed budget for the ensuing year and decide upon the total amount necessary for the general fund. Budget approval shall require a favorable vote by a majority of all eligible votes of then existing members of the Board. The secretary of the Board shall certify the budget on or before July 1 to the clerk of each member governmental unit together with a statement of the proportion of the budget to be provided by each member. The Council of each member agrees it will review the budget, and the Board shall upon notice from any member received prior to August 1, hear objections to the budget, and may, CLL- 222584v1 WE405 -1 1 upon notice to all members and after a hearing, modify or amend the budget, and then give notice to the members of any and all modifications or amendments. Each member agrees to provide the funds required by the budget and said determination shall be conclusive if no member enters objections in writing on or before August 1. If no objections are submitted to the Board, each member agrees to provide the funds approved by the Board, after the Board has conducted the aforementioned hearing. Modifications or amendments to the original budget require a favorable vote by a majority of all eligible voters of then existing members of the Board. If the proposed budget for the -Leneral fund requires a total contribution from the members in an amount that exceeds the total contribution for the precedinsi year. such increase shall not be effective unless approved by resolutions of the city councils of all members. adopted prior to September 1. If the increase in total contributions is not so approved by September 1. the budget shall be amended so as not to reauire such an increase in total contribution from all members. The budget shall not in any event require any member to contribute in excess of one -half of one percent of the net tax capacity of all taxable property within the watershed and within said member's corporate boundaries. The schedule of payments by the members shall be determined by the Board in such a manner as to provide for an orderly collection of the funds needed. Upon notice and hearing, the board by a favorable vote of a majority of all eligible votes of then existing members may adopt a supplemental budget requiring additional payments b the members within 60 s y day of its adoption but in no event shall the budget require any member to contribute in excess of one -half of one percent of the net tax capacity of all CLL- 222584v1 WE405 -1 2 taxable property within the watershed or within any member's corporate boundaries in any one calendar year. Members' attention is drawn to Minnesota Statutes, Section 103B.245, which authorizes a Watershed Management Tax District to be created within each member City to pay the costs of planning and for the purpose of paying capital costs and/or normal and routine maintenance of facilities. This Amendment shall be effective upon the filing of a certified copy of the resolutions approving this Amendment by all nine members of the West Mississippi Watershed Management Commission. Said resolutions shall be filed with the City Manager of the City of Brooklyn Center, who shall notify all members in writing of its effective date. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Amendment to be executed in accordance with Minnesota Statutes, Section 471.59. cLL- 222584v 1 WE405 -1 3 Approved by the City Council CITY OF BROOKLYN CENTER .2002. By Attest Approved by the City Council CITY OF BROOKLYN PARK 2002. By Attest Approved by the City Council CITY OF CHAMPLIN , 2002. By Attest Approved by the City Council CITY OF MAPLE GROVE , 2002. By Attest Approved by the City Council CITY OF OSSEO , 2002. By Attest CLL- 222584v1 WE405 -1 4 CITY COUNCIL MEETING Public Copy City of Brooklyn Center November 12, 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. 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 I • 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 28, 2002 - Study Session 2. October 28, 2002 - Regular Session 3. November 4, 2002 - Special Session b. Licenses C. Resolution Authorizing Issuance of a Lawful Gambling License to the Brooklyn Center Lions Club to Operate a Pull -Tab Booth at the Best Western, Centerfield Bar & Cafe d. Resolution Amending Special Assessment Levy Roll No. 15382 to Provide for the ® Deletion of Special Assessments i • CITY COUNCIL AGENDA -2- November 12, 2002 e. Resolution Expressing Recognition for and Appreciation of the Public Service of Organizations and Individuals Participating in Brooklyn Center's Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street Programs 8. 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; on October 14, 2002, continued to October 28, 2002; and on October 28, 2002, continued to November 12, 2002. - Requested Council Action: -Re -open the public hearing. -Take public input. -Close the public hearing. • - Motion to adopt ordinance. b. An Ordinance Vacating a Portion of Street Right Of Way: Xerxes Avenue North From 55 Avenue North to 300 Feet North of 56 Avenue North -This item was first read on October 14, 2002, published in the official newspaper on October 24, 2002, and is offered for second reading and public hearing. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 9. Planning Commission Item a. Planning Commission Application No. 2002 -016 Submitted by Charity Robinson. Request for Special Use Permit Approval to Operate a Home Beauty Shop at 4512 65 Avenue North. The Planning Commission recommended approval of this application at its October 31, 2002, meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 2002 -016 subject to the recommended conditions by the Planning Commission. 10. Council Consideration Items • a. Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Election Personnel -Requested Council Action: - Motion to adopt resolution. • CITY COUNCIL AGENDA -3- November 12, 2002 b, Proclamation Declaring November 24 Through December 1, 2002, To Be Bible Week -Requested Council Action: - Motion to adopt proclamation. C. Proclamation Declaring November 21, 2002, as Feed America Thursday -Requested Council Action: - Motion to adopt proclamation. d. Resolution Authorizing Matching Funds for the Local Law Enforcement Block Grant - Requested Council Action: - Motion to adopt resolution. e. Resolution Providing for the Competitive Negotiated Sale of $1,205,000 General Obligation Improvement Bonds, Series 2003A -Requested Council Action: - Motion to adopt resolution. • f. Report on Code Enforcement -Requested Council Action: -None, report only. g. Resolution Authorizing and Directing the Transfer of Funds From the General Fund to the Special Assessment Construction Fund and the Capital Project Fund -Requested Council Action: - Motion to adopt resolution. h. Central Park Ball Field Improvements - Requested Council Action: - Motion to approve use of Capital Improvement Funds for Central Park Ball Field Improvements. 11. Closed Session Regarding Litigation and Possible Council Approval of Settlement - Requested Council Action: - Motion to recess to closed session with attorneys. - Reconvene. - Motion to approve possible settlement. • 12. Adjournment City Council Agenda Item No. 7a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 28, 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 Kay Lasman, Ed Nelson, and Bob Peppe. Councilmember Tim Ricker was absent and excused. Also present were City Manager Michael McCauley, Interim Assistant City Manager /Director of Public Works Sharon Klumpp, and Deputy City Clerk Maria Rosenbaum. City Manager Michael McCauley y g y informed the Council that he had received a request for an item to • be added to the agenda approving an agreement for the land exchange with School District No. 286. It was the consensus of the Council to have an item added to the agenda to set a special meeting on November 4, 2002, at 5:00 p.m. in the Council Chambers to consider the agreement regarding the Grandview Park land exchange. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Nelson noted that there was a typo in the name for the Invocation and that the name was Rev. Bob Cilke, Brookdale Christian Center. Council discussed City Council Agenda items 9c, Public Hearing on An Amendment of the Tax Increment Financing Plan for Tax Increment District Number Four (TIF); 1 Oc, Resolution Approving an Application to the Hennepin County Environmental Response Fund; and 1Od, 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. LEAGUE OF MINNESOTA CITIES POLICIES Council discussed their top priorities and the consensus for the ballot to be returned to the League of Minnesota Cities is the following: 10/28/02 -1- DRAFT • LGA and Market -Value Homestead Credit Cuts • • Levy Limits • Tax Increment. Financing (TIF) • TIF District Deficits • Unfunded Mandates MISCELLANEOUS Mr. McCauley informed the Council that he would like to discuss an expenditure that is not in the budget at the November 18, 2002, Worksession and explore the idea of having some type of trash bins placed in the central business area or most used spots in the City and have weekly trash pickups. Councilmember Lasman questioned if other companies may be contacted inquiring if they would be interested in joint purchasing of the trash bins. Mr. McCauley stated that issue could be explored. Councilmember Peppe inquired what compensation the City receives from the Metropolitan Transit having its buildings in the City. Mr. McCauley informed the Council that there is no compensation. Councilmember Peppe would like to further discuss the Metropolitan Transit and their uses in the City. 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 • 10/28/02 -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 28, 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, and Bob Peppe. Councilmember Tim Ricker was absent and excused. Also present were City Manager Michael McCauley, Interim Assistant City Manager /Director of Public Works Sharon Klumpp, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Glenn Kurke, 6021 Bryant Avenue North, addressed the Council to request assistance in getting a • firearms permit. He had been denied by the Chief of Police and feels that in the line of business he runs out of his home that a firearms permit is necessary for his personal protection. Mayor Kragness asked the City Manager to discuss with Police Chief Bechthold. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the informal open forum at 6:45 p.m. Motion passed unanimously. 2. INVOCATION Father Tuan Pham, St. Alphonsus 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. • 10/28/02 -1- DRAFT 4. ROLL CALL • Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Councilmember Tim Ricker was absent and excused. Also present were City Manager Michael McCauley, Interim Assistant City Manager/Director of Public Works Sharon Klumpp, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. MOMENT OF SILENCE Mayor Kragness asked that a moment of silence be observed for the families of Paul Wellstone and others who died tragically on Friday, October 25, 2002. 6. COUNCIL REPORT Councilmember Lasman reported that she attended a Crime Prevention meeting on October 16, 2002, and a Northwest Hennepin Human Services Collaborative meeting on October 21, 2002. Mayor Kragness reported that on October 17, 2002, she attended a Minnesota Housing Innovative event; October 18, 2002, a meeting at the Cross of Glory Church regarding cultural dialogue; October 21, 2002, the Hennepin County State of the County Address; and October 23, 2002, a speaking event on policies. She informed that there will be a cultural dialogue on November 19, 2002; and that Marshall Fields had its grand reopening on October 25, 2002. 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 addition of Council Consideration Item l Of, Set Special Meeting on November 4, 2002, 5:00 p.m., in the Council Chambers. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Nelson, seconded by Councilmember Peppe to approve the minutes of October 7, 2002, Joint Meeting with Financial Commission, and the October 14, 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. 10/28/02 -2- DRAFT • 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 S. RANDOM ACTS OF KINDNESS PRESENTATION OF RECOGNITION AND CERTIFICATE CEREMONY Mayor Kragness discussed that this year the City received nine nominations of which 13 people were included and numerous volunteers at an elementary school for Random Acts of Kindness. She read each nomination while Councilmember Peppe and Councilmember Lasman helped with presenting the nominees a certificate. When finished the Council participated in a photograph with all nominees present. 9. PUBLIC HEARINGS • 9a. 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 continue the public hearing to the November 12, 2002, meeting. A motion by Councilmember Lasman, seconded by Councilmember Peppe to continue the Public Hearing to November 12, 2002. Motion passed unanimously. 9b. AN ORDINANCE VACATING A PORTION OF A STORM SEWER EASEMENT WITHIN LOT 20, BLOCK 1, BOBENDRIER'S 4 TH ADDITION Mr. McCauley discussed this ordinance would vacate a portion of a storm sewer easement within Lot 20, Block 1, BOBENDRIER'S 4 TH ADDITION and that the vacation would not affect the use and maintenance of the existing storm sewer. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. • 10/28/02 -3- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2002 -13 Councilmember Peppe introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A PORTION OF A STORM SEWER EASEMENT WITHIN LOT 20, BLOCK 1, BOBENDRIER'S 4 TH ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 9c. 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 Mr. McCauley discussed that this resolution would approve an amendment to the Tax Increment Financing (TIF) Plan for TIF District No. 4 and unfreezes 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 that resulted in lower property tax revenues, which subsequently resulted in less tax increment to pay off existing TIF projects. In the case of TIF soils condition, TIF revenues generated by the Wickes site have been reduced by more than 40 percent of the original projections. A motion by Councilmember Lasman, seconded by Councilmember Nelson 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. RESOLUTION NO. 2002 -145 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING AMENDMENT NO. 1 TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (SOILS CONDITION) DISTRICT NO. 4 • 10/28/02 -4- DRAFT • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. 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 Mayor Kragness read the resolution expressing appreciation for the donation of $5,000 from the Brooklyn Center Lions Club to be used to support the Earle Brown Days Parade. RESOLUTION NO. 2002 -146 Councilmember Lasman introduced the following resolution and moved its adoption: 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 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember • Peppe. Motion passed unanimously. Councilmember Nelson wanted it noted that the Earle Brown Days Parade would not happen without the support from the Brooklyn Center Lions Club. Mayor Kragness stated that the Brooklyn Center Lions Club also supports the Concerts in the Park and that she would like to express great thanks for all the support they receive from the Brooklyn Center Lions Club. 10b. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT FROM BOSTON SCIENTIFIC SCIMED, INC. IN SUPPORT OF THE BROOKLYN CENTER FIRE DEPARTMENT Mayor Kragness read the resolution expressing appreciation for the donation of $4,000 from Boston Scientific Scimed, Inc. in remembrance of September 11, 2001. This money will be designated for the purchase a defibrillator or a thermal imaging camera. RESOLUTION NO. 2002 -147 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT FROM BOSTON SCIENTIFIC SCIMED, INC. IN SUPPORT OF THE BROOKLYN CENTER FIRE DEPARTMENT ® 10/28/02 8/ 2 -5 DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember • Nelson. Motion passed unanimously. loc. RESOLUTION APPROVING AN APPLICATION TO THE HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND Mr. McCauley discussed that this resolution would approve an application expressing support for submission of an Environmental Response Fund Application from the Economic Development Authority to Hennepin County for the cleanup of contaminated soils deposited in the retention pond from the results of a broken water pipe at the Joslyn site. RESOLUTION NO. 2002 -148 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN APPLICATION TO THE HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 10d. 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 Mr. McCauley discussed that this resolution would allow the City to apply for a Winter Trail Activities Permit to provide for winter maintenance on the North Mississippi Regional Park Trail that runs from the Minneapolis border to 57 Avenue in Brooklyn Center. RESOLUTION NO. 2002 -149 Councilmember Lasman introduced the following resolution and moved its adoption: 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 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10/28/02 -6- DRAFT • 10e. RESOLUTION CHANGING AUDIT FIRM FOR AUDIT SERVICES FOR 2002 FINANCIAL STATEMENTS Mr. McCauley explained that the current auditor Deloitte and Touche was not able to hold at the price submitted in their proposal for audit services in 2002 -2003. The City Council discussed this issue at its joint worksession with the Financial Commission and was in consensus with contacting HLB Tautges and Redpath to inquire if their proposal would hold the same as presented in 2001. This resolution would authorize and direct the City Manager to execute a letter of engagement with HLB Tautges and Redpath for 2002 audit services. RESOLUTION NO. 2002 -150 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION CHANGING AUDIT FIRM FOR AUDIT SERVICES FOR 2002 FINANCIAL STATEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10L SET SPECIAL MEETING ON NOVEMBER 4, 2002, 5:00 P.M. IN THE COUNCIL CHAMBERS • Mr. McCauley advised the Council that a document would be available for the Council's consideration and requested that the Council set a special meeting to consider an agreement regarding the Grandview Park land exchange with School District No. 286. A motion by Councilmember Nelson, seconded by Councilmember Lasman to set a special meeting on November 4, 2002, 5:00 p.m. in the Council Chambers. Motion passed unanimously. 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 • 10/28/02 -7- 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 SPECIAL SESSION NOVEMBER 4, 2002 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Special Session and was called to order by Mayor Myrna Kragness at 5:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers, Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael McCauley, Interim Assistant City Manager /Director of Public Works Sharon Klumpp, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND INDEPENDENT SCHOOL DISTRICT #286 FOR AN EXCHANGE OF LAND INVOLVING GRANDVIEW PARK TO ALLOW FOR THE CONSTRUCTION OF A NEW ELEMENTARY SCHOOL • City Manager Michael McCauley outlined a power point presentation regarding the agreement between the City of Brooklyn Center and Independent School District #286 for an exchange of land involving Grandview Park to allow for the construction of a new elementary school. Councilmember Lasman inquired about the warning track and why it is needed. Mr. McCauley discussed that the warning track is needed for safety purposes on the fields. Councilmember Nelson asked why the estimate had changed and is now $95, 555. Mr. McCauley informed the Council that the revised estimate reflects the correct fence costs and warning track that had not been included in the previous estimates. Councilmember Nelson asked about the $100,000 grant and if the school district would get the grant if the City does not get the grant. Mr. McCauley answered that if the City did not receive the grant, the school district would not receive that amount of additional funding. Greg Thielson, School Board Chair, addressed the Council to express thanks and that they are looking forward to moving forward with the construction. 11/04/02 -1- DRAFT • RESOLUTION NO. 2002 -151 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND INDEPENDENT SCHOOL DISTRICT 4286 FOR AN EXCHANGE OF LAND INVOLVING GRANDVIEW PARK TO ALLOW FOR THE CONSTRUCTION OF A NEW ELEMENTARY SCHOOL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Nelson to adj ourn at 5:05 p.m. • City Clerk Mayor • 11/04/02 -2- DRAFT • City Council Agenda Item No. 7b m3r City of Brooklyn Center A Millennium Community • TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerj 4 DATE: November 6, 2002 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on November 12, 2002. GASOLINE SERVICE STATION Brooklyn Amoco Inc. 6044 Brooklyn Boulevard RENTAL Renewal: Evergreen Park Manor Apartments Koery Bannerman Twin Lakes Manor Apartments Troy Meyen 6809 Fremont Place North Terry Hartmann Initial: Brookhaven Apartments Hyder Jaweed TAXICAB Thomas Omao 1001 74 Ave. N., Brooklyn Park TOBACCO RELATED PRODUCT Brooklyn Amoco, Inc. 6044 Brooklyn Boulevard In Good Taste Company 1501 Freeway Boulevard 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. 7c ggKLYN CFNr 0R F BROOKLYN CENTER 10 POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Bechthold, Chief of Police ,p DATE: October 30, 2002 SUBJECT: Application For A Minnesota Lawful Gambling License (Pull Tab Machine) - Brooklyn Center Lions Club The Brooklyn Center Police Department has received an Application for a Mini Lawful Gambling License to operate a pull tab machine from the Brooklyn Center Lions Club. This application is for a request to operate one pull tab machine at the Centerfield Bar & Cafe in the Best • Western located at 1501 Freeway Blvd. The State Gambling Control Board requires a city council resolution approving the issuance of the license in order for them to take any action on the license. As such, if the license is approved, a certified cony of the resolution must be returned to us. Mr. Tom Shinnick of the Brooklyn Center Lions Club has advised that they plan to try this arrangement at Centerfield's for six months and will not be charged any rent by the Best Western or Paula Williams of In Good Taste Catering who leases the restaurant and bar area from the Best Western. All necessary background checks have previously been completed by the police department on the gambling managers and the director for the Lions Club. There was nothing found that would preclude the above from being issued a Minnesota Lawful Gambling License. I am requesting that this item be put on the council agenda for consideration. SB:kh • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A PULL - TAB BOOTH AT THE BEST WESTERN, CENTERFIELD BAR & CAFE WHEREAS, the Minnesota Charitable Gambling Control Board requires a municipality to submit a resolution authorizing issuance of any lawful gambling license within its borders; and WHEREAS, the City of Brooklyn Center allows for such conduct on premises within the City of Brooklyn Center; and WHEREAS, the Brooklyn Center Lions Club has submitted all appropriate and necessary documentation for the license and a background investigation has been conducted by the Brooklyn Center Police Department regarding the manager and all named officers and nothing was found in that investigation that would preclude the issuance of a Minnesota Lawful Gambling License; and • WHEREAS, the Brooklyn Center Lions Club has held and currently holds such a license within the City of Brooklyn Center at a different establishment and there has been no illegal activity with regards to the gambling activities at that location; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that the issuance of a lawful gambling license to the Brooklyn Center Lions Club to operate a pull -tab booth at the Centerfield Bar & Cafe in the Best Western is hereby approved. 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. Page 1 of 3 7/01 Minnesota Lawful Gambling FORBOARDUSEONLY LG214 Premises Permit Application Check # Amount e Expiratation date Class of Permit Premises Permit Fee During Check one Two years orgn organization license ❑ Class A - Pull -tabs, tipboards, paddlewheels, raffles, bingo $400 $200 ❑X Class B - Pull -tabs, tipboards,paddlewheels, raffles $250 $125 ❑ Class C - Bingo onlyOR bingo and pull -tabs when total gross $200 $100 receipts does not exceed $50,000 per year Class D - Raffles only I $150 I $ 75 Organization Information Organization name (as it appears on documentation filed with Organization license number Minnesota Secretary of State or Internal Revenue Service) B -01834 BROOKLYN CENTER LIONS CLUB Name of chief executive officer (cannot be your gambling manager) Daytime phone number, including area code LORRAINE C. SHINNICK (763) 560 -0273 Gambling Premises Information • Name of establishment where gambling will be conducted Street address (do not use a P.O. box number) CENTERFIELD BAR & CAFE 1501 FREEWAY BLVD. BROOKLYN CENTER MN 55430 City & county where gambling premises is located —OR -- Township & county where gambling premises is located if outside city limi -3. BROOKLYN CENTER MN Is the premises located within city Iimits7Yes ❑X No ❑ If No, is township: ❑ Organized ❑ Unorganized ❑ Unincorporated Does your organization own the building where the gambling will be conducted? ❑ Yes ® No If no, attach (1) the appropriate lawful gambling lease form, and (2) the sketch of all leased areas with dimensions and square footage clearly define 1. A lease and sketch are not required for class D applications. Name of legal owner of premises Address City State /Zip 1 VILLAGE PROPERTIES LLC 1501 FREEWAY BLVD BROOKLYN CENTER MN 55430 Address(es) of Storage Space of Gambling Equipment List all locations where used and unused gambling product is stored. Do not use a P.O. box number. (Attach an additional sheet if necessary.) Address City State /Zip 1501 FREEWAY BLVD BROOKLYN CENTER MN 55430 • 5312 LILAC DRIVE NO BROOKLYN CENTER MN 55430 LG214 Premises Permit Application Page 2 of 3 7101 Bingo Occasions for Class A or C Permits • If applying for a class A or C permit, enter day and beginning /ending hours of bingo occasions (indicate A.M. or P.M.). No more than ten bingo occasions may be conducted per week. An occasion must be at least one and one -half hours, not tc exceed four hours. Day Beginnina /Ending Hours Dgy Beginnina /Ending Hours Day Beginning /Ending Hours to to to to to to to to to to Noon Hour Bingo Only Day Beginning /Ending Hours Day Beoinnina /Ending Hours Day Beginnina /Ending Hours to to to to to to to Gambling Bank Account Information Bank name BREMER Bank account number* 7206113 Bank street address City State /Zip code 5540 BROOKLYN BLVD BROOKLYN CENTER MN 55430 * New organizations: The account number may be obtained and submitted to the Gambling • Control Board within ten days after you receive your premises permit. Name, address, and title of members authorized to sign checks from the gambling account. The organization's treasurer may not handle gambling funds. Name Street Address City Zip Code Title JOHN RUSSELL 5312 NO LILAC DR BROOKLYN CENTER MN 55430 GAMBLING MGR. THOMAS R. SHINNICK 5324 OLIVER AVE NO BROOKLYN CENTER MN 55430 ASST GMBLING MG'Z ROBERT JECHOREK 5400 MORGAN AVE NO BROOKLYN CENTER MN 55430 DIRECTOR Acknowledgment Oath Gambling site authorization I declare that: I hereby consent that local law enforcement officers, 1. I have read this application and all information submitted the board or agents of the board, or the commissioner to the board is true, accurate, and complete; of revenue or public safety or agents of the 2. all other required information has been fully disclosed; commissioners may enter the premises to enforce the 3. I am the chief executive officer of the organization; law. 4. I assume full responsibility for the fair and lawful Bank records information operation of all activities to be conducted; The board is authorized to inspect the bank records of 5. I will familiarize myself with the laws of Minnesota the gambling account whenever necessary to fulfill governing lawful gambling and rules of the board and requirements of current gambling rules and law. agree, if licensed, to abide by those laws and rules, including amendments to them; Organization license authorization 6. any changes in application information will be submitted I hereby authorize the Gambling Control Board to modify the class of organization license to be to the board and local unit of government within ten days of the change; and consistent with the class of premises permit being e applied for. 7. I understand that failure to provide required information or providing false or misleading information may result f in the denial or revocation of the license. Signa #ure of chief executive officer (Designee may not sign) Date LG214 Premises Permit Application Page 3 of 3 7/01 Local Unit of Government Acknowledgment and Approval If the gambling premises is within city limits, the city must sign this application and provide a resolution. On behalf of the city, I hereby acknowledge this application for lawful gambling activity at the premises located within the city's jurisdiction, and that a Print name of city' resolution specifically approving or denying the application will be forwarded to the applying organization. Signature of city personnel receiving application Title ;+ t _p n Date If the gambling premises is located in a township, both the counti and township must sign this application. The county must provide a resolution. For the township On behalf of the township, I acknowledge that the organization is applying to conduct lawful gambling activity within the township Print name of township limits. A township has no statutory authority to approve or Signature of township official acknowledging application deny an application (Minn. Stat. 349.213, subd. 2). Title Date For the county On behalf of the county, I hereby acknowledge this application for lawful gambling Print name of county activity at the premises located within the county's • jurisdiction, and that a resolution specifically approved or denying the application will be for- Signature of county personnel receiving application warded to the applying organization. Title Date The information requested on this form (and any premises permit, all of the information that you have attachments) will be used by the Gambling Control Board provided to the Board in the process of applying for your (Board) to determine your qualifications to be involved in premises permit will become public except for your Social lawful gambling activities in Minnesota, and to assist the Security number, which remains private. If the Board does Board in conducting a background investigation of you. not issue you a premises permit, all the information you You have the right to refuse to supply the information have provided in the process of applying for a premises requested; however, if you refuse to supply this permit remains private, with the exception of your name information, the Board may not be able to determine your and address which will remain public. qualifications and, as a consequence, may refuse to issue you a premises permit. If you supply the information Private data about you are available only to the following: requested, the Board will be able to process your Board members, staff of the Board whose work assignment application. requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota This form may require the disclosure of your Social Attorney General; the Minnesota Commissioners of Security number. If so, your Social Security number will Administration, Finance, and Revenue; the Minnesota be used to determine your compliance with the tax laws of Legislative Auditor, national and international gambling Minnesota. Authorization for requiring your Social regulatory agencies; anyone pursuant to court order; other Security number is found at 42 U.S.C. 405 (c)(i). individuals and agencies that are specifically authorized by state or federal law to have access to the information; Your name and address will be public information when individuals and agencies for which law or legal order received by the Board. All the other information that you authorizes a new use or sharing of information after this provide will be private data about you until the Board issues Notice was given; and anyone with your consent. your premises permit. When the Board issues your • Questions? Call the Licensing Section of the Gambling Control Board at 651- 639 -4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service and ask to place a call to 651- 639 -4000. This form will be made available in alternative format (i.e. large print, Braille) upon request. • City Council Agenda Item No. 7d • MEMORANDUM DATE: November 6, 2002 TO: Michael J. McCauley, City Manager FROM: Scott Brink, Consulting Engineer`ft SUBJECT: Resolution Amending Special Assessment Levy Roll No. 15382, to Provide for the Deletion of a Special Assessment On September 23, 2002, the City Council by Resolution 2002 -17 approved Special Assessment Levy Nos. 15382 for the Garden City South Neighborhood Street Improvements. According to the City's Special Assessment Policy, it is the intent of the City Council that special assessments be levied against benefited properties within an improvement area to the extent that the costs of such project can be deemed to benefit the properties. Since the time the assessments were adopted on September 23, the City received a letter from the Brooklyn Center American Little League ( BCALL). The BCALL questioned the assessment and benefit to their property, and requested that their assessment be re- evaluated. As with similar • inquiries that the City often receives, staff reviewed the request accordingly. Available information was reviewed, including assessment policies, calculations performed, construction plans, and property maps. After a thorough review, staff concludes that the property does not receive a benefit that would warrant the assessment. In reviewing the available information, it was concluded that the actual improvements do not extend into the BCALL property as may have initially been figured. We therefore recommend that the assessment roll previously adopted be amended accordingly. The attached resolution amends the respective levy rolls to provide for the deletion of a special assessment on the property because the property received no benefit from the improvements. • i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 15382 TO PROVIDE FOR THE DELETION OF SPECIAL ASSESSMENTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 15382 for the following improvements: GARDEN CITY SOUTH STREET IMPROVEMENTS IMPROVEMENT PROJECT NO. 2002 -05 WHEREAS, Special Assessment Levy Nos. 15382 was approved by the City Council on September 23, 2002; and WHEREAS, according to the City's Special Assessment Policy it is the intent of the City Council that special assessments be levied against benefited properties within an improvement area to the extent that the costs of such project can be deemed to benefit the properties; and WHEREAS, a certain property in the improvement project did not receive any benefit from the street improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. A certain property owner is eligible to delete their special assessment. Special Assessment Levy No. 15382 is hereby amended to delete the previous amounts from the following assessment as noted below: Pid# Original Assessment Amended Assessment 02- 118 -21 -22 -0063 $4,297.61 $0.00 Date Mayor . ATTEST: City Clerk RESOLUTION NO. 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. p YP p City Council Agenda Item No. 7e MEMORANDUM DATE: November 6, 2002 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide L! f SUBJECT: Resolution Expressing Recognition for and Appreciation of the Public Service of Organizations and Individuals Participating in Brooklyn Center's Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street Programs The Adopt- A- Park/Trail/Street Program plays an important role in helping maintain City parks, trails, public grounds, and streets. Established in 1992 through the supportive efforts of the Park and Recreation Commission and the public works staff, the program is supported by the efforts of 31 groups and several individuals. Facilities selected are those which staff believes could benefit most from "adoption." As the program approaches its twelth year, it continues to grow with a high level of participation indicating a great amount of community support for our extensive park system, and a desire to maintain its quality. The volunteer groups and individuals represent a cross - section of the community including service organizations, employee groups, schools, scouts, churches and neighborhood groups. The organizations are recognized by small signs at their adopted facilities. Each year volunteers collect approximately 5,000 pounds of trash and save six person days of manpower in the park division because of their efforts. With the help of the program, maintenance crews can devote more time and effort to other important park projects. The attached resolution thanks the volunteer groups and individuals for their commitment to this program. its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION FOR AND APPRECIATION OF THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS WHEREAS, the City Council of the City of Brooklyn Center determined that it is in the City's interest to operate volunteer programs that involve the community in the maintenance of city parks, trails, and streets; and WHEREAS, the following organizations and individuals have generously volunteered their time and energy participating in the Adopt -A -Park, Adopt -A- Trail, and Adopt - A- Street programs; and WHEREAS, it is appropriate that their service to the community be recognized. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the public service of the following groups and individuals is hereby recognized and appreciated: Allina Receivable Services Edith Nordstrom Andrew Bohs Earle Brown School Community Applebee's Evergreen Park School & PTO Barb & Sue McBerg Friends of Riverdale Park Barnacle Bill's Steak & Seafood Garden City Elementary Boy Scout Troop #401 Girl Scout Troop #409 Boy Scout Troop #454 Jan & Valerie Gehling Brookdale Chrysler Plymouth Jeanny & Matt Gildemeister Brooklyn Center High School Centaurs Eclipse Program Jill White B.C. Explorers Kids On The Move Daycare Brooklyn Center Lions Club Kris Ryan Brooklyn Center Lioness Club Lisa Roden Brooklyn Center Park & Recreation Commission Malia Vang Brooklyn Center Rotary Club Minneapolis North Hilton Staff Brooklyn United Methodist Church Orchard Lane Elementary School Brookpark Dental Center Palmer Lake Elementary Bullfrogs and Butterflies Childcare Pat Johnson Children's Residential Services Rise Creative Partnerships • Cub Scouts Pack 299 Riverwood Neighborhood Association Cub Scouts Pack 401 Russell Bankson Cub Scouts Pack 454 Target, Brooklyn Center "Good Neighbors" Tim Olson RESOLUTION NO. Date Mayor ATTEST: Ci ty Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 8a • MEM ORANDUM s DATE: September 4, 2002 TO: Michael J. McCauley, City Manager FROM: Scott A. Drink, 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 e 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.) 0 City Council Agenda Item No. 8b " City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Councilmembbe Lasman, elson, Peppe, and Ricker FROM: Michael J. McCauley DATE: November 7, 2002 SUBJECT: Vacation of Xerxes Mayor Kragness and I met with representatives of Brookdale and the Metropolitan Transit on Monday, November 4. During that discussion we agreed that the vacation of Xerxes would not become effective until February 1, 2003, in order to allow Metropolitan Transit an opportunity to find a replacement temporary transit hub. Mr. Schlesinger was agreeable to the February 1, 2003, effective date since adoption of the ordinance at the November 12, 2002, meeting would give him the certainty he needs to go forward with planning and the February 1, 2003, vacation date would be consistent with his construction needs. • 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 Notice is hereby given that a public hearing will be held on the 12th day of November, 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 Xerxes Avenue North between 55"' Avenue North and 300 Feet North of 56 ' 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 A PORTION OF STREET RIGHT OF WAY: XERXES AVENUE NORTH FROM 55 AVENUE NORTH TO 300 FEET NORTH OF 56 AVENUE NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The easterly 15.5 feet of Xerxes Avenue North public right -of -way located between between 55 Avenue North and 300 feet North of the centerline of 56"' 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. Said vacated area more specifically described as follows: That part of Xerxes Avenue North, a publicly dedicated street lying within the City of Brooklyn Center, Minnesota, described as follows: • Beginning at the Southwest corner of Registered Land Survey No. 1710, files of the Registrar of Titles, in and for Hennepin County, Minnesota; thence on an assumed bearing of South 78 degrees 17 minutes 00 seconds West a distance of 15.5 feet; thence North 11 degrees 43 minutes 00 seconds West a distance of 577.90 feet; thence Northerly and Northeasterly along a tangential curve concave to the East, having a central angle of 35 degrees 09 minutes 10 seconds and a radius of 476.44 feet a distance of 292.31 feet; thence North 23 degrees 26 minutes 09 seconds East, tangent to the last described curve, a distance of 306.70 feet; thence South 66 degrees 33 minutes 50 seconds East a distance of 15.50 feet, more or less, to a boundary corner of Tract A, said Registered Land Survey No. 1710; thence South 23 degrees 26 minutes 09 seconds West a distance of 306.71 feet; thence Southwesterly and Southerly along a tangential curve, concave to the East, having a central angle of 35 degrees 09 minutes 10 seconds and a radius of 460.94 feet a distance of 282.80 feet; thence South 11 degrees 43 minutes 00 seconds East, tangent to the last described curve, a distance of 577.90 feet, more or less, to the point of beginning. Section 2. This ordinance shall be effective on February 1, 2003. Adopted this day of 2002. Mayor ATTEST: City Clerk • Date of Publication: Effective Date: (Strikeouts indicate matter to be deleted, underline indicates new matter.) MEMORANDUM DATE: October 9 2002 TO: Michael McCauley, City Manager FROM: Scott Brink, Consulting Engineere�i"ry � SUBJECT: An Ordinance Vacating a Portion of Street Right of Way: Xerxes Avenue North from 55` Avenue North to 300 feet North of 56 Avenue North The City of Brooklyn Center has been requested by Talisman Brookdale, L.L.C. (Brookdale) to vacate a portion of the east side of Xerxes Avenue North between 55 Avenue North, and approximately 300 feet north of 56 Avenue North. In summary Brookdale is requesting a vacation of the easterly 18.5 feet of right of way, or all existing easement between the property line and the east curb. The reason stated for this request is to provide for further development of Brookdale Center. Construction plans showing the addition of parking space and curbing into the proposed vacated area have also been provided (see attached). • Consistent with the City Charter, a first reading to establish a date for a second reading and public hearing to consider an ordinance vacating certain portions of street right of way is requested for November 12, 2002. Issues and Concerns There are several key issues and concerns that should be addressed prior to honoring this request. First, a vacation in the amount requested would significantly restrict the City's ability to provide for possible future roadway improvements, as well as restrict the City's ability to maintain the roadway. It may be possible to vacate at least some property, provided that the City's long -term interest is protected, while allowing Brookdale to meet its needs. In addition, the Planned Unit Development (P.U.D.) previously approved for Brookdale would require an amendment as explained below. A general overview of the issues and concerns are as follows: Brookdale PUD. The expansion and redevelopment of Brookdale was approved through the Planned Unit Development (PUD) process in March, 1999 and was subject to the execution and filing of a development agreement. Expansion, or modification of the site and buildings such as that proposed in the submitted plans would require a PUD Amendment requiring review, publication and a public hearing by the Planning • Commission and approved by the City Council. The 3 -3.5 ft. high decorative masonry wall was required adjacent to Xerxes Avenue in the vicinity of Applebees because of encroachment upon the 15' greenstreep as part of the Brookdale plan. Relocation or Brookdale ROW Vacation Request 1 • modification of the wall would require a formal amendment and approval, as would the expansion of a building pad as indicated on the proposed plan. Also, the expansion and modification of the parking plan requires that the PUD be formally amended. Pending Future Traffic Signals at 55` Ave. N. and 56` Ave. N., and Other Public Improvements. A traffic study was conducted by S.E.H. in 1999. The study considered re- development of the Brookdale site, and commercial areas surrounding the site as well. The report stated that based upon traffic forecasts, a traffic signal would be warranted at 55 Avenue North, and possibly at 56` pending furthenstudy. The installation of traffic signals will require use of the existing street right of way at the intersections, and possibly beyond, for approaches, loop detectors, signal cabinets, etc. In addition, the construction of a traffic signal usually involves the construction of additional turn lanes, and/or widening of the roadway. If the right of way is vacated, and a signal subsequently constructed, the City would ultimately be required to acquire much of it back to install the improvements. In addition, a vacation up to the curb line would not allow for any future construction of sidewalks. Currently, there is no sidewalk or allowance for pedestrian movement along the east side of Xerxes Avenue North. It may be possible to vacate with a provision to leave a drainage, utility, and sidewalk easement. However, the plan as proposed shows less than 5 feet between proposed walls • and curbing and the back of existing curb; inadequate space to construct a sidewalk, and allow for storage of snow. Maintenance and Utility Considerations. A typical City street has 15 feet or more of boulevard between the edge of the street (back of curb) and property line. This is necessary to allow for the placement and maintenance of underground utilities (typically electric, gas, telephone, cable, and communication lines), excavation and trenching, and for storage of snow. The vacation plan as proposed shows no property available behind the curb for any use (snow storage or utilities). With the width of Xerxes at this location (53 feet), and removal of snow required on the Brookdale parking lot side as well, the concern for lack of snow storage is further compounded. In addition, at least some space behind the curb is also needed to effect repairs to the curbing and street itself as may be needed. Bus Drop Off Area. A "temporary" bus loading area constructed approximately three years ago on Xerxes (a City street) by Metro Transit (without the City's consent) would be impacted and may require relocation. A more suitable permanent location for the bus area is needed, and elimination of the temporary bus lane is encouraged. However, uncertainty regarding the timing and location of a permanent facility is a concern. It is also conceivable that Metro Transit may consider another temporary facility at a different location that could be equally or even more undesirable. Long term, as well as immediate effects should be considered. Brookdale ROW Vacation Request 2 Major private utilities (telephone, electric, gas, etc.) have been contacted for comment regarding the proposed vacation. Xcel Energy has expressed a serious concern as they do have facilities within the affected area. Of the other utilities that have responded thus far, they generally have no objections, provided a drainage and utility easement is maintained over all vacated property. Summary As previously stated, Brookdale has requested that the easterly 18.5 feet of street right of way be vacated. This essentially would provide for the vacation of all property between the back of existing curb and the property line. The parking lot improvements proposed by Brookdale, per their plans, show parking being extended to within five feet of the curb. It is recommended that at a minimum, this 5 feet remain as public easement. However, the 5 feet is still significantly less than the space usually needed for snow storage, sidewalks, and other public uses. In order for the plans to be approved as submitted, the PUD previously approved by the City Council would require an amendment as explained above. In addition, the overall extent of the vacation proposed is not recommended. However, depending upon the specifics of Brookdale's long -term improvement objectives, it may be possible to revise or alter the amount of vacation area requested. Or, it may be possible to draft a legal document or agreement that would provide safeguards such as conveyance of property • back to the City at no cost as needed in the future. Any vacation of property should be carefully balanced to consider Brookdale's needs along with the City's long -term public responsibilities and obligations. In any event, it is recommended that all of the above issues be considered further prior to authorizing any vacation. Council Action for the October 14, 2002 meeting would be to establish a public hearing date of November 12, 2002 to consider this item. • Brookdale ROW Vacation Request 3 • X m X m m z• z of ffm amaw I i rj -o s • J BROOKDALE CTR./XERXES AVE. N. John Oliver Assoc/stes, Q /nom CWt �" pA7E 8/25/02 REV �� BROOKLYN CENTER, MN 6s0 tleda. aw.av s� jOr " ° °° ��°" nl I �M l�e.n..d Fro( ORA�N . p�rpp� f(( TM i 7 /97 /n7. NFW Pl()PF17TY \ TALISMAN BROOKDALE, LLC aaaao 7aJ- Mfr -10n IAI 7573 Hf -aeaa .[ot. d N. lo.'t a( IN I F CSA 1 �� � XERXEA,VE. NORTH ------ - -- - -' - -- �''�- .r.- -,-.F� oonrc. u,. ,n a �ow�•m 2 - . .. tn1Fm *All _ - - - -• •- - - - - - - - - mwma terarr mrm trruawCr� >- Coprn romp CAS I" 1 1 Caout MM WMArT ILI" 1/ 11 Oopra Owiwt tram OOfat m DENOTES tutno T[11r11Ot tcALC IN n t MOM rorrw tutao ■ ® mom 00014 ".. W.C. 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H. 20.Y3 RL NW vv m ^ 1 `n I v / O � b7 � O y �7 tit S d o S a BROOKDALE CTR./XERXES AVE. N. John 011vw A Assoclalas, Inc. v_w'u. r P ° p`e,` P ', 5 / 7 4 ml " I WE cES�R1 \ BROOKLYN CENTER, MN Ewa 2.l /...vW. t.a Ir�y a ' 0 a ° 4 ° a "°"" so err, rw...w. aa2ae WWr 111y Ae.c1 wprvWe° OE90tl ' Ty ! 7 /77 /ft7l NFW PRf1PFRTY 1 IMF r° ..da d r�= - m. oR en e R\ 7n- Wr -207A fAr "=F-am u° •�• a etn® 91 Tu. TALISMAN BROOKDALE LLC ofr... a. su er•r. a..,.M3. ` „ T /� cwQ can aTr , SITE PLAN ... . D.* 7)13/02 Rp. H. 20.Y3 RL NW 7Rat �t l 1 i City Council Agenda Item No. 9a ® MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialis` Subject: City Council Consideration Item - Planning Commission Application No. 2002- 016 Date: November 6, 2002 On the November 12, 2002 City Council Agenda is Plamling Commission Application No. 2002- 016 submitted by Charity Robinson requesting a Special Use Permit to operate a home beauty shop at 4512 65th Avenue North Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2002 -016 and also an area map showing the location of the property under consideration, the Plamling Commission minutes relating to the Commission's consideration of this matter and other supporting documents. • This matter was considered by the Planning Commission at their October 31, 2002 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. ® Application Filed on 10 -15 -02 City Council Action Should Be Taken By 12 -14 -02 (60 Days) Planning Commission Information Sheet Application No. 2002 -016 Applicant: Ms. Charity Robinson Location: 4512 65th Ave N Request: Special Use Pen The applicant, Charity Robinson, is requesting special use permit approval to operate a beauty shop in her home at 4512 65 Avenue North. The property in question is zoned R -I (One Family Residence) and is located on the north side of 65 Avenue, three houses west of Lee Avenue North. The property is bounded on the west, north and east by single family homes and on the south by 65 Avenue North with other single family homes on the opposite side of the street: Home beauty shops are classified as special home occupations in the City's Zoning Ordinance and require the approval of a special use permit by the City Council before such operations can be undertaken. The applicant has submitted written information (attached) describing the proposed home occupation and has also submitted site sketches of the property. She indicates that the proposed hours of operation would be between 10:00 a.m. and 8:00 p.m. Monday through Friday and on • Saturdays until noon. She also indicates that it will be a single operation with no non - resident employees and that she will see clients on an appointment only basis. Ms. Robinson points out that they have recently built a room on the back of their home which has a separate entrance and that this area will be utilized for her proposed beauty salon. She also notes that they have a fire extinguisher and fire alarm in the room. She points out that she will probably only be working two to five hours a day in the beauty salon. It is our understanding that Ms. Robinson is a licensed beauty operator and will be seeking a shop license from the State of Minnesota. Generally the biggest concern with any proposed home occupation involving beauty or barber services is that it be done on an appointment only basis, rather than trying to attract walk in customer traffic. This way, on street parking can be avoided and traffic coming and going to the operation can be held to a minimum, thus, not causing an inconvenience to surrounding properties. The applicant has been advised and agrees in her written statement to take appointments only to keep traffic to a minimum. It appears that the applicant has a large enough drive way that customers can park there without having to park vehicles on the street. The Building Official will be reviewing the property for various recommendations that may need to be made. There may be a need for construction associated with the shop license required by the State of Minnesota for such an operation. Any recommended approval of the home occupation should note that any conversion of space for use in the home occupation shall be in accordance with Building Code and Zoning Code requirements as determined by the Building Official. Generally a fire extinguisher in the shop area will also be required. 10 -31 -02 Page 1 • This proposal is seen as being a relatively low level home occupation in terms of beauty shop operations particularly with respect to what the applicant has indicated to be a maximum of two to five hours a day associated with the home occupation. The level of activity should be certainly within the range of other beauty shop home occupations approved by the City Council in the past. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent to neighboring property owners. Again, it appears that the home occupation will be very low key and should not cause problems in the immediate neighborhoods if it is conducted in the manner outlined by the applicant, namely that customers be seen on an appointment only basis and all parking associated with the home occupation be on the applicant's dr' p drive way. Approval of this special use permit is recommended subject to at least the following conditions: 1. The special use permit is granted only for a home beauty shop with a single operator. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. • 3. All parking associated with this home occupation shall be off street on improved space provided by the applicant. 4. The hours of operation shall be between the hours of 10:00 a.m. and 8:00 p.m. Monday through Friday and until noon on Saturday. Customers shall be served on an appointment only basis. 5. The applicant shall comply with the recommendations of the Building Official with respect to safety related matters and obtain the necessary permits for alterations to be made to the property which shall be in conformance with the Building and Zoning Codes. 6. A current copy of the applicant's State license shall be submitted to the City prior to the issuance of the Special Use Permit and shall be kept on file with the City. 10 -31 -02 Page 2 • To Whom It May Concern: I wish to open a salon in my home in which I will be the only operator. My hours of service will be Monday thru Friday loam to 8pm and some Saturdays working no later than 12pm I will do only one client at a time so they will be able to park in the driveway. We have built a room on the back of our home which has a separate entrance going to the driveway for this purpose. We have a fire alarm and fire extinguisher in the room.l will only be working 2 -5 hours a day do to the fact that I am working around my children and my husbands schedule Sincerely, Charity Robinson • r ` ui s. POSy i It�o?-1 1 , Cl d W- W 1 GRIMES 2 J PL. ti- R3 z u' - <-k C2 - L R3 Planning Commission Application No. 2002 -01b ly LU fQ - 5 T � v: \ IDE •.. V(1• - Z l R —T �VL N� + uj ri Z j ^J?AJ?FC' i RO )WE t LA i dk w uj Y. n 2 W,a J Pr- �1 h ,?n .�h ,.:v t .ey \a�r{j� et �b\' 4• �N''1:•rl.;'~LwM, �l�fr_. G�".5� }� \:: : n�.. (°_ r° X13', �STi�' j- �{bRxK'S'•S""5'�`'i�`�'Tr-•c'. ��..f� � �J`+S _ _ _ _ �,_ - ' x ^�w.ls'✓+f '/.�.s'.Aei- v'�,.,Wl�h�{��%56 . eti: �s!-` _IF.F+w�tfa��"_`t`Sp,'alr"^�tl' ;=i'�rvn'.' ;`�`',r'5.ti l:ctia..s�;,•f �n :5,�ti w ? - �`.I �- _ _ ��',- -��� t�,m';��i'- �'.'�N".!.'.,'. :i':.2Q�`'fzr7c`? .;.'S'.�y.. _ _ - -- fi, : :..v:! • :�,..e - - - "_r �.;: �.z' _ - - - � - ..� —.�� �::: w� n' :'4L•`.' S. 7, 24�. .� Sp ..Y:1. l � i��4� �`'1 hy,` k�^+�` r - 1 Q- i — r cis Wig I I 1! w ! c I 1 I d a r _ I • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA OCTOBER 31, 2002 REGULAR SESSION CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:28 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Rex Newman and Dianne Reem were present. Also present were Secretary to the Plamling Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Stephen Erdmann, Sean Rahn and John Whitehead were absent and excused. APPROVAL OF MINUTES —SEPTEMBER 12, 2002 There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to approve the minutes of the September 12, 2002 meeting as amended on Page 4. The motion passed. Chair Willson abstained as he was not present at the meeting. CHAIR'S EXPLANATION • Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2002 -016 (CHARITY ROBINSON) Chair Willson introduced Application No. 2002 -016, submitted by Charity Robinson, a request for special use pen approval to operate a home beauty shop at 4512 65` Avenue North. Mr. Warren presented the staff report using overhead transparencies for Application No. 2002- 016. (See Planning Commission Information Sheet for Application No. 2002 -016 dated 10- 31 -02, attached.) The property is zoned R -1 (One Family Residence). Home beauty shops are classified as special home occupations in the City's Zoning Ordinance. PUBLIC HEARING — APPLICATION NO. 2002 -016 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to open the public hearing on Application No. 2002 -016, at 7:43 p.m. The motion passed unanimously. The applicant, Charity Robinson, introduced herself to the Commission. The Commission and the applicant discussed proper licensing by the State for a beauty shop. Chair Willson called for comments from the public. 10 -31 -02 Page 1 • No other persons from the public appeared before the Commission during the public hearing on Application No. 2002 -016. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck seconded by Commissioner Reem, to close the public hearing on Application No. 2002 -016, at 7:50 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2002 -016- CHARITY ROBINSON There was a motion by Commissioner Reem, seconded by Commissioner Boeck, to recommend to the City ouncil that it approve Application - Y pp No. 2002 016, submitted by Chanty Robinson for a special use permit to operate a home beauty shop at 4512 65` Avenue North subject to the following conditions: 1. The special use permit is granted only for a home beauty shop with a single operator. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. • 3. All parking associated with this home occupation shall be off street on improved space provided by the applicant. 4. The hours of operation shall be between the hours of 10:00 a.m. and 8:00 p.m. Monday through Friday and until noon on Saturday. Customers shall be served on an appointment only basis. 5. The applicant shall comply with the recommendations of the Building Official with respect to safety related matters and obtain the necessary permits for alterations to be made to the property which shall be in conformance with the Building and Zoning Codes. 6. A current copy of the applicant's State license shall be submitted to the City prior to the issuance of the Special Use Permit and shall be kept on file with the City. Voting in favor: Chair Willson, Commissioners Boeck, , Newman, and Reem. The motion passed p unanimously. Y The Council will consider the application at its November 12, 2002 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. 10 -31 -02 Page 2 • OTHER BUSINESS Mr. Warren discussed the status of the Critical Area Plan and asked the Planning Commission to consider meeting on Thursday, November 21, 2002, for a Special Study Session to discuss the plan. There was a consensus among the Planning Commission to meet on this date. Mr. Warren passed out a copy of a memo from the Community Development Director and the Resolution approved by the City Council regarding the PUD Amendment for Brookdale. He pointed out that the City Council had approved all of the sign modifications requested for Brookdale with the exception of the height of the signs, which was reduced from 55 feet to 45 feet. There was further discussion among the Planning Commission regarding the Council's approval and the extent it deviated from the Sign Ordinance regulations. The Commission expressed concern regarding how to deal with similar requests in other Planned Unit Development districts or in non - Planned Unit Development districts and that the Sign Ordinance should be amended to reflect what was approved for the Brookdale PUD Amendment. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:25 p.m. • Chair Recorded and transcribed by: Rebecca Crass • 10 -31 -02 Page 3 • City Council Agenda Item No. 10a Member introduced the following resolution and moved its adoption: e RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ELECTION PERSONNEL WHEREAS, the circumstances of the November 5, 2002, election presented a unique challenge to election personnel; and WHEREAS, election personnel assisted numerous voters with absentee balloting, including relaying the ever - changing instructions and processes with regard to the vacancy in nomination of a candidate for the U.S. Senate office, supplemental ballots, and write -in votes, as well as general information regarding absentee balloting; and WHEREAS, the procedures for Election Day required that election judges could not process absentee ballots in the polls until after 8 p.m. (or the last voter voted in person) and that the paper supplemental ballots had to be hand counted; and WHEREAS, election personnel worked from 6 a.m., November 5, 2002, until 3 a.m., November 6, 2002, handling numerous calls from voters requesting polling location information and directions, the local media and interested persons inquiring about election results, and calls from poll workers requiring assistance, as well as assisting with the delivery of returns from the poll workers until the last election returns were delivered to City Hall. • NOW, THEREFORE BE IT RESOLVED b the City Council of the City of Y Y Y Brooklyn Center that the dedication and good work of election personnel is greatly appreciated and recognized; and that the citizens of Brooklyn Center be aware of the importance of administering the election process with integrity and accuracy. 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 Counci e em No. lOb • PROCLAMATION DECLARING NOVEMBER 24 THROUGH DECEMBER 1, 2002, TO BE BIBLE WEEK WHEREAS, the Bible has been a constant source of moral and spiritual guidance for many people throughout the centuries; and WHEREAS, the Bible has profoundly influenced art, literature, music, and codes of law; and WHEREAS, the Bible has motivated many to acts of compassion and charity; and WHEREAS, the Bible continues to provide inspiration, hope, and comfort for millions of Americans today; and WHEREAS, for sixty -two years, women and men of many faiths have banded together with the National Bible Association to sponsor National Bible Week as a time to be reminded of the Bible's unique place in American life; and WHEREAS, Bible Week is an annual celebration that encourages the reading of the Bible. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim the week of November 24 Through December 1, 2002, to be Bible Week in the City of Brooklyn Center, and encourage interested citizens to participate in this observance. Date Mayor ATTEST: City Clerk e • yyylt • `1 y\ 12 Vlvl� DICK MURPHY MAYOR rh / September 3 2002 ¢l \l P, Dear Fellow Mayor: National Bible Association is sponsoring, for the 62nd consecutive year, the observance of National Bible Week. It will take place the week of Thanksgiving, November 24 - December 1, 2002. 1 am privileged to serve as Chair of the Mayors' Committee for this celebration and ask that you issue a proclamation calling for Bible Week observance in your community. I believe that the celebration of National Bible Week has a special significance at this critical juncture in our nation's history. A sample proclamation is enclosed for your use. Please adapt this in whatever way you wish. National Bible Association, sponsor of National Bible Week, is a nonprofit educational organization whose only mission is to encourage all Americans to read the Bible. National Bible Association is not affiliated with an religious organization. It was founded y g g d by business leaders who wish to remind Americans of the unique influence of the Bible on our culture, laws, and social reform movements, as well as commonly held ethical and moral standards. The Association provides free, nonsectarian materials to civic groups, • libraries and congregations that sponsor local Bible Week observances. If you send a copy of your proclamation to the Chair of National Bible Week, Daniel Amos (Chairman of AFLAC), it will be displayed at the National Bible Week Inaugural Luncheon at the St. Regis Hotel in New York City on Tuesday, November 19, 2002. Please send your proclamation to: National Bible Association 1865 Broadway, 4th Floor New York, New York 10023 Attn: Daniel Amos, National Bible Week Chair Your proclamation should reach the New York office by November 12th to be included in the display at the luncheon. Thank you, your cooperation in this effort is greatly appreciated. Sincerely, Dick Murphy Mayor of Sin Diego Enclosure — Sample Proclamation • CITY ADMINISTRATION BUILDING, 202 C STREET, SAN DIEGO, CALIFORNIA 92101 (619) 236 -6330 $C Penletl on rrcYc paper City Council Agenda Item No. lOc • PROCLAMATION DECLARING NOVEMBER 21, 2002, AS FEED AMERICA THURSDAY WHEREAS, Thanksgiving Day celebrates the spirit of selfless giving and an appreciation for families and friends; and WHEREAS, the spirit of Thanksgiving Day is a virtue upon which our nation was founded; and WHEREAS, thirty -three million Americans, including thirteen million children, live in households without an adequate supply of food; and WHEREAS, almost three million of these children experience hunger; and WHEREAS, selfness sacrifice breeds a genuine spirit of Thanksgiving, both affirming and restoring fundamental principles in our society. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby declare Thursday, November 21, 2002, one week before the traditional Thanksgiving, as Feed America Thursday, and call upon the people of Brooklyn Center to sacrifice, or fast, for • two meals on Thursday, November 21, 2002, and donate the money they would have spent on food to a charitable or religious organization of their choice for the purpose of feeding the hungry. Date Mayor ATTEST: City Clerk • The Cite of O Provo, 6tah October 23, 2002 y� Mayor Myrna Kragness " Broklyn Center °' 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Lewis K. nlu,rbs Dear Mayor Kragness: Mayor During the Thanksgiving season, when we reflect on the great blessings so many in our nation enjoy, it is imperative that we do not forget those who have very little. A new project has been started by a resident of Provo, Dr. David Perry, that can make a great difference for so many in need. He calls this project "FEED AMERICA THURSDAY ". The premise of "FEED AMERICA THURSDAY" is quite simple. On the Thursday before Thanksgiving, Americans are asked to not eat for two meals and donate the money they would have spent on those meals to the local food bank or homeless shelter of their choice. Even those who choose to eat are still encouraged to give the value of two meals to a charity that provides food to people in need. • Recently, the United States Senate passed a bipartisan resolution sponsored by Senator Harry Reid (D) Nevada and Senator Orrin Hatch (R) Utah that endorsed "FEED AMERICA THURSDAY ". Utah Governor Michael O. Leavitt has declared Thursday, November 21, 2002, as "FEED AMERICA THURSDAY ". I have issued a similar declaration here in Provo. I encourage each of you to embrace "FEED AMERICA THURSDAY ". Please do what you can to publicize this great concept in your community. If we all join together, this plan will greatly benefit those who rely on assistance from food pantries and homeless shelters and will truly help to make a difference in the lives of people in need. Sincerely, PROVO CITY YOBS OFFICE �'� 351 est Center Street P.O. Box !S49 Lew or .Bill' gs Pro %o. ut:di 5460,. (801)552 -6100 • FAX: i SO1 852 -6107 w wn.prc>o.org City Council Agenda Item No. lOd Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AUTHORIZING MATCHING FUNDS FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT WHEREAS, the City of Brooklyn Center is eligible to receive Local Law Enforcement Block Grant funds for purchases in the police department from the 2002 Local Law Enforcement Block Grant Program; and WHEREAS, the City will receive and accept $ 23,154 from the 2002 Local Law Enforcement Block Grant Program with the expenditure of matching funds by the City of $2,573 from the Capital and Other Equipment line items of the police department budget; and WHEREAS, the funds exist in the current budget that would constitute the matching funds .required for participation in the Local Law Enforcement Block Grant Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that: • 1. The matching fund expenditures of $2,573 are hereby approved. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing esolution was duly seconded b member g Y Y 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. � CENtF BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Scott Bechthold, Chief of Police DATE: November 4, 2002 SUBJECT: 2002 LLEBG Resolution Enclosed please find the 2002 Resolution for the Local Law Enforcement Block Grant. The Local Law Enforcement Block Grant ( LLEBG) assist in providing additional funds that allow the police department to fund resources that maintain or increase the level of service to residents of Brooklyn Center. • The City f Brooklyn Center applied for and was awarded 23 154 with a required match Y Y Pp $ q h fiz nd of $2,573.00 by the City. The City of Brooklyn Center is eligible for LLEBG funds based on a formula which factors in the number of Part I crimes reported to the State for the past three years in relation to other states and a formula which factors the City's number of Part I crimes for the Y past three years as compared with other local jurisdictions in Minnesota. SB /ed i • • City Council Agenda Item No. 10e Memorandum Date: November 4, 2002 To: Michael McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: 2002 General Obligation Improvement Bonds Improvement project construction has nearly been completed and special assessments have been levied against the benefited property owners. A total of $1,694,708 was specially assessed for street improvements and storm water management improvements in two areas of the city, Garden City South and Southwest Neighborhood. Through October 24, 2002, the last date property owners are permitted to pay without interest, a total of $524,422 has been collected in pre - payments. Total construction includes improvements to water, sewer, storm sewer, street lighting infrastructure and street reconstruction. The Garden City project cost $3,001,862. The • Southwest Neighborhood project cost $3,186,903. Total project costs of $6,188,765 were provided from the Public Utility Funds and the Special Assessment Construction Fund in accordance with the CIP. Bonds proceeds in the sum of $1,205,000 are required to bridge the funding gap between funds available and project costs. Total funds available without bond proceeds include prepayments of $524,422 and $4,494,635 from the public utilities and special assessment construction funds, a total of $5,019,057. The difference between funds available and funds necessary to cover the cost of construction is the amount necessary in bonded debt to make the special assessment construction fund whole. For 2002, this amount is $1, 169,708. The total amount of bonds issued will exceed the construction costs less funds available as debt includes the costs of issuance, ie: fiscal advisor fee, underwriter costs and rating agency services totaling $35,292. When added to the net amount necessary to provide for construction costs, the total bond issue will be $1,205,000. The accompanying resolutions provide for issuance of the debt, direction to prepare an official statement and provides for a sale date at December 9, 2002. There are two agreements that provide for ongoing disclosure for this debt issue and arbitrage and rebate monitoring. These services are necessary to ensure compliance with IRS Regulations regarding tax - exempt securities. Springsted, Inc. has been identified as the agent to provide these services as part of the overall agreement for financial advisor services to the City. Copies of the proposed agreements are included. We are recommending City of Brooklyn Center Council approval of the attached resolution directing the sale and other necessary and /or required actions to issue the debt. • • 2200 FIRST NATIONAL BANK BUILDING 332 MINNESOTA STREET SAINT PAUL, MINNESOTA 55101 BRIGGS AND M O R GAN TELEPHONE (651) 223 -6600 FACSIMLE (651) 223 -6450 PROFESSIONAL ASSOCIATION WRITER'S DIRECT DIAL (651) 223 -6536 WRITER'S E-MAIL klapinsky@ briggs.com November 6, 2002 VIA MESSENGER Mr. Doug Sell City Finance Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: City of Brooklyn Center, Minnesota - $1,205,000 General Obligation Improvement Bonds, Series 2003A • Dear Doug: Enclosed is a copy of the Resolution Providing for the Competitive Negotiated Sale for the above referenced issue for consideration at your meeting on Tuesday, November 12, 2002. I have provided Laurie Ukofia at Springsted Incorporated with multiple execution copies of the Resolution. If you have any questions, please give me a call. Very truly yours, i 1 1 1 Kari A. YsXky KAL:mw Eric. cc: Ms. Laurie Ukofia 1294679v14 MINNEAPOLIS OFFICE ■ IDS CENTER ■ WWWBRIGGS.COM MEMBER - LEX MUNDI, A GLOBAL ASSOCIATION OF INDEPENDENT LAW FIRMS Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,205,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A A. WHEREAS, the City Council of the City of Brooklyn Center, Minnesota, has heretofore determined that it is necessary and expedient to issue its $1,205,000 General Obligation Improvement Bonds, Series 2003A (the 'Bonds ") to finance various improvements; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ( "Springsted "), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. Authorization; Findinus. The City Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. • 2. Meeting; Bid Oneninf4. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The Manager or his designee, shall open bids at the time and place specified in such Terms of Proposal. 3. Terms of Prop_ osal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the Manager and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. 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 followin g g voted against the same: whereupon said resolution was declared duly passed and adopted. • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER I, the undersigned, being the duly qualified and acting Manager of the City of Brooklyn Center, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City's $1,205,000 General Obligation Improvement Bonds, Series 2003A. WITNESS my hand this day of 2002. Clerk s • 1466874v1 3 EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,205,000 CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, December 9, 2002, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. • Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated January 1, 2003, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2003. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2004 $145,000 2009 $120,000 2005 $130,000 2010 $115,000 2006 $125,000 2011 $110,000 2007 $125,000 2012 $110,000 2008 $120,000 2013 $05,000 • Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory 14668741 • sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. • REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2010, and on any day thereafter, to prepay Bonds due on or after February 1, 2011. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various improvement projects within the City. 1466874v1 A_2 • TYPE OF PROPOSALS Proposals shall be for not less than $1,191,745 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $12,050, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 51100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity • shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. 1466874v 1 A -3 • Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City • for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect • to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than 14668741 A -4 • seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 50 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (1) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated November 12, 2002 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Clerk • 14668741 A_5 AMENDMENT TO ADDENDUM A OF AGREEMENT FOR CONTINUING DISCLOSURE SERVICES The Agreement dated September 11, 1996 for continuing disclosure and /or arbitrage rebate between City of Brooklyn Center, Minnesota ( "Client ") and Springsted Incorporated ( "Advisor ") is hereby amended as follows: Client and Advisor agree that the following Client debt obligation(s) will be added to Addendum A, Continuing Disclosure Services and be subject to the terms and provisions contained in the original Agreement: $1,205,000 General Obligation Improvement Bonds, Series 2003A City of Brooklyn Center, Minnesota The foregoing Amendment is hereby entered into, effective 20 , on behalf of the respective parties by signature of the following persons each of whom is duly authorized to bind the parties indicated. FOR CLIENT SPRINGSTED Incorporated Robert D. Thistle, Executive Vice President Title Client Representative B0201.Y2 • AMENDMENT TO ADDENDUM B OF AGREEMENT FOR ARBITRAGE AND REBATE MONITORING • The Agreement dated December 1, 1997 for continuing disclosure and /or arbitrage and rebate monitoring between City of Brooklyn Center, Minnesota ( "Client ") and Springsted Incorporated ( "Advisor ") is hereby amended as follows: Client and Advisor agree that the following Client debt obligation(s) will be added to Addendum B, Arbitrage and Rebate Monitoring Services,and be subject to the terms and provisions contained in the original Agreement: $1,205,000 General Obligation Improvement Bonds, Series 2003A City of Brooklyn Center, Minnesota The foregoing Amendment is hereby entered into, effective , 20 , on behalf of the respective parties by signature of the following persons each of whom is duly authorized to bind the parties indicated. FOR CLIENT SPRINGSTED Incorporated is Title Robert D. Thistle, Executive Vice President Client Representative B0201.Y2 Recommendations For City of Brooklyn Center, Minnesota $1,205,000 General Obligation Improvement Bonds, Series 2003A Presented to: Mayor Myrna Kragness Members, City Council Mr. Michael J. McCauley, City Manager Mr. Doug Sell, Director of Fiscal and Support Services City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 SPRINGSTED Advisors to the Public Sector Study No.: 130201Y2 , SPRINGSTED Incorporated November 6, 2002 _ RECOMMENDATIONS Re: Recommendations for the Issuance of $1,205,000 General Obligation Improvement Bonds, Series 2003A We recommend the following for the Bonds: 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offering. 2. Sale Date and Time Monday, December 9, 2002, at 11:00 A.M., with award by the City Council at 7:00 P.M. that same evening. 3. Authority and Purpose for the Bond Issue The Bonds are being issued pursuant to Minnesota Statutes, Chapters 475 and 429. The proceeds will be used to finance various improvement projects within the City. I 4. Repayment Term The first interest payment on the Bonds is due August 1, 2003. Principal on the Bonds will be due annually February 1, 2004 through 2013. 5. Source of Payment The Bonds are expected to be repaid solely from special assessments against benefited property. Special assessments were filed on October 25, 2002 for first collection in 2003. 6. Prepayment Provisions The City may elect on February 1, 2010 and on any day thereafter, to prepay the Bonds ua 1 2011 at a due on or after February rice p of par plus accrued interest. 7. Credit Rating Comments An application will be made to Moody's Investors Service for a rating on the Bonds. The City's general obligation debt is currently rated "Al" by Moody's. 8. Federal Treasury Regulations Concerning Tax - Exempt Obligations (a) Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, expense that is allocable to carrying and acquiring tax - exempt bonds. There is an exemption to this for "bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax exempt bonds in a calendar year. Issues that are bank qualified generally receive slightly lower interest rates than issues that are not bank qualified. This issue is designated as bank qualified. City of Brooklyn Center, Minnesota November 6, 2002 (b) Rebate Requirements All tax - exempt issues are subject to the ® federal arbitrage and rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. The federal regulations include an exemption to rebate for municipalities alities who p issue $5 million or less in tax exempt government obligations in a calendar year. Since the City does not expect to issue more than $5 million of tax - exempt obligations in 2003, the City will be exempt from rebating excess earnings on the proceeds of the Bonds to the federal government. (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for each tax - exempt issue or be subject to yield restriction. This requires restricting the investments held in the debt service fund to the yield on the Bonds and /or paying back excess investment earnings in the debt service fund to the federal government. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with a carry over permitted equal to the greater of the investment earnings in the fund for the immediately preceding bond year or 1/12 of the debt service for the immediately preceding bond year. Prepayment of assessments collected on the Bonds may cause the debt service fund to be non bona fide. Therefore the City should be particularly careful in monitoring the debt service fund for this issue. Springsted currently provides arbitrage rebate services to the City. We have provided City staff with a contract amendment to include this issue. (d) Economic Life The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. The economic life of the improvements is 20 years. The average life of the Bonds is 5.332 years. Therefore, this issue is within the economic life requirements. (e) Federal Reimbursement Federal reimbursement regulations require Regulations the City to make a declaration, within 60 days of the actual payment, of its intent Page 2 City of Brooklyn Center, Minnesota November 6, 2002 to reimburse itself from expenses paid prior • to the receipt of Bond proceeds. It is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations in regards to the Bonds. 9. Continuing Disclosure The Bonds are subject to the SEC continuing disclosure requirements. We recommend the City undertake an annual update of its Official Statement information and report any material events to the national repositories pursuant to the SEC regulations. Springsted currently provides continuing disclosure services to the City. We have provided City staff with a contract amendment to include this issue. 10. Attachments . Sources and Uses Schedule • Projected Assessment Income Schedule • Debt Service Schedule • Terms of Proposal DISCUSSION The proceeds of the Bonds will be used to finance improvement projects in various areas of the City, including the Southwest Neighborhood Project and the Garden South Project. The sources and uses schedule is shown on page 5. A substantial portion of the projects will be paid from City cash contributions from its water, sewer, storm water, street lighting and special assessment construction funds. In addition, the City has received $524,422 of prepaid special assessments that are also being used to reduce the borrowing amount. The remaining amount of project costs to be financed by the Bonds will be supported by special assessments. The projection of assessment income is shown on page 6 of these recommendations. The City filed special assessments, totaling $1,694,130 of principal, on October 25, 2002. Of this amount, $524,422 was prepaid by property owners and another $5,545 represents deferred assessments. The remaining $1,164,163 of assessments will be spread over a term of 10 years in even annual principal payments with interest charged on the unpaid balance at a rate of 6.5 %, the rate that has been established by the City. The first collection of special assessments will be received in 2003. The principal repayment structure and projected debt service schedule for this issue is shown on page 7. We have structured the bonds around the projected assessment income to result in an even annual surplus of projected assessment income over the debt service requirements. Columns 1 through 6 show the years and amounts of principal and estimated interest due on the Bonds, including the 5% overlevy. The overlevy is required by state Statute as a protection to the City and the bondholder in the event of delinquencies in the collection of special assessments for repayment of the Bonds. Column 7 shows the debt service payments combined by fiscal year. Column 8 shows the projection of annual assessment income from O page 6 and column 9 shows the anticipated surplus of funds available each year, based on the projected assessment income. Page 3 City of Brooklyn Center, Minnesota November 6, 2002 Each year's first -half collection of assessment income will be used to make the August 1 interest payment. Second -half collections of special assessments, plus surplus first -half collections, will be used to make the subsequent February 1 principal and interest payment. Although the Bonds are general obligations of the City, the City does not expect to levy taxes for repayment of the Bonds. We appreciate the opportunity to again be of service to the City of Brooklyn Center. Respectfully submitted, SPRINGSTED Incorporated kem Provided to Staff: a) Continuing Disclosure Contract Amendments b) Arbitrage Rebate Contract Amendments Page 4 Preliminary $1,205,000 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds Series 2003A SOURCES & USES Dated 01/01/2003 Delivered 01/01/2003 SOURCES OF FUNDS Available City Funds* ........................ ............................... .................. $4,494,635.00 Par Amount of Bonds .......................................... ............................... 1,205,000.00 Prepaid Assessments .................. ....................... ............................... 524,422.00 TOTAL SOURCES .............................................. ............................... $6,224,057.00 USES OF FUNDS Southwest Neighborhood Project ........................ ............................... $3,186,903.00 Garden South Project .......................................... ............................... 3,001,862.00 Costs of Issuance ............................................... ............................... 23,500.00 Total Underwriter's Discount (1. 100%) ............... ............................... 13,255.00 Rounding Amount ............................................... ............................... (1,463.00) TOTAL USES ..................................................... ............................... $6,224,057.00 • Springsted Incorporated File = BROOKL —I.SF- Series 2003A- SINGLE PURPOSE Advisors to the Public Sector 11/ 4/2002 10:03 AM * Available City funds will come from contributions from the City's water, sewer, storm water, street lighting and special assessment construction funds. • Page 5 Preliminary $1,164,163 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds Series 2003A Assessments ASSESSMENT INCOME SCHEDULE Year of Collection Principal Coupon Interest Total P +I 12/31/2002 - - - - 12/31/2003 116,416.30 6.500% 89,543.54 205,959.84 12/31/2004 116,416.30 6.500% 68,103.54 184,519.84 12/31/2005 116,416.30 6.500% 60,536.48 176,952.78 12/31/2006 116,416.30 6.500% 52,969.42 169,385.72 12/31/2007 116,416.30 6.500% 45,402.36 161,818.66 12/31/2008 116,416.30 6.500% 37,835.30 154,251.60 12/31/2009 116,416.30 6.500% 30,268.24 146,684.54 12/31/2010 116,416.30 6.500% 22,701.18 139,117.48 12/31/2011 116,416.30 6.500% 15,134.12 131,550.42 12/31/2012 116,416.30 6.500% 7,567.06 123,983.36 Total 1,164,163.00 - 430,061.24 1,594,224.24 DATE AND TERM STRUCTURE Interest Accrual Date ................................................................................. ............................... 10/25/2002 Last Day of First Year of Collection ........................................................... ............................... 12/31/2003 Springsted Incorporated File = BROOKL —I.SF- Series 2003A Assessments- SINGLE PURPOSE Advisors to the Public Sector 11 / 4/2002 10:04 AM e Page 6 Preliminary $1,205,000 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds Series 2003A DEBT SERVICE SCHEDULE Projected Fiscal Year Assessment Date Principal Coupon Interest Total P +I 105% of Total Total Income Annual Surplus (1) (2) (3) (4) (5) (6) (7) (8) (9) 1/01/2003 - - - - - - - - 8/0112003 - - 23,856.88 23,856.88 25,049.72 - - - 2/01/2004 145,000.00 2.000% 20,448.75 165,448.75 173,721.19 198,770.91 205,959.84 7,188.93 8/01/2004 - - 18,998.75 18,998.75 19,948.69 - - - 2/01/2005 130,000.00 2.500% 18,998.75 148,998.75, 156,448.69 176,397.38 184,519.84 8,122.47 8/01/2005 - - 17,373.75 17,373.75 18,242.44 - - - 2/01/2006 125,000.00 3.000% 17,373.75 142,373.75 149,492.44 167,734.88 176,952.78 9,217.91 8/01/2006 - - 15,498.75 15,498.75 16,273.69 - - - 2/01/2007 125,000.00 3.200% 15,498.75 140,498.75 147,523.69 163,797.38 169,385.72 5,588.35 8/01/2007 - - 13,498.75 13,498.75 14,173.69 - - - 2/01/2008 120,000.00 3.500% 13,498.75 133,498.75 140,173.69 154,347.38 161,818.66 7,471.29 8/01/2008 - - 11,398.75 11,398.75 11,968.69 - - - 2/01/2009 120,000.00 3.750% 11,398.75 131,398.75 137,968.69 149,937.38 154,251.60 4,314.23 8/01/2009 - - 9,148.75 9,148.75 9,606.19 - - - 2/01/2010 115,000.00 4.000% 9,148.75 124,148.75 130,356.19 139,962.38 146,684.54 6,722.17 8/01/2010 - - 6,848.75 6,848.75 7,191.19 - - - 2/01/2011 110,000.00 4.100% 6,848.75 116,848.75 122,691.19 129,882.38 139,117.48 9,235.11 8/01/2011 - - 4,593.75 4,593.75 4,823.44 - - - 2/01/2012 110,000.00 4.200% 4,593.75 114,593.75 120,323.44 125,146.88 131,550.42 6,403.55 8/01/2012 - - 2,283.75 2,283.75 2,397.94 - - - 2/01/2013 105,000.00 4.350% 2,283.75 107,283.75 112,647.94 115,045.88 123,983.36 8,937.49 Total 1,205,000.00 - 243,593.13 1,448,593.13 1,521,022.79 1,521,022.79 1,594,224.24 73,201.45 DATE AND TERM STRUCTURE Dated .............................................. ............................... 1/01/2003 Delivery Date ................................... ............................... 1/01/2003 First Coupon Date ........................... ............................... 8/01/2003 YIELD STATISTICS Bond Year Dollars ........................... ............................... $6,425.42 Average Life .................................... ............................... 5.332 Years Average Coupon ............................. ............................... 3.7910869% Net Interest Cost ( NIC) .................... ............................... 3.9973770% True Interest Cost ( TIC) .................. ............................... 4.0015122% Bond Yield for Arbitrage Purposes .. ............................... 3.7653803% All Inclusive Cost ( AIC) ................... ............................... 4.4297111% Springsted Incorporated File = BROOKL —I.SF- Series 2003A- SINGLE PURPOSE Advisors to the Public Sector 11/ 4/2002 11:43 AM i Page 7 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: • TERMS OF PROPOSAL $1,205,000 CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, December 9, 2002, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated January 1, 2003, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2003. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2004 $145,000 2007 $125,000 2010 $115,000 2012 $110,000 2005 $130,000 2008 $120,000 2011 $110,000 2013 $105,000 2006 $125,000 2009 $120,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of 1101 Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be Page 8 registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2010, and on any day thereafter, to prepay Bonds due on or after February 1, 2011. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $1,191,745 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $12,050, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same Page 9 maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. • AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). Page 10 OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required b law, shall constitute a Final Official Statement of the City with respect 4 Y � Y p to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 50 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated November 12, 2002 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Clerk Page 11 i City Council Agenda Item No. lOf I� I November 1, 2002 ' • TO: Michael McCauley, City Manager FROM: Code Enforcement Team SUBJECT: Summer Sweep 2002, Final Report The following is the final report for the 2002 Summer Sweep. Current Status of Sweep - As of October 31, 2002, all properties have received first, second, and in some cases third inspections. The majority of the cases have been closed due to compliance and a hand - full have received either citations or were recommended for formal complaints to the City Attorney. The following is a summary of the 82 remaining open cases for 2002: • 34 addresses will receive inspections before the end of December 2002. • 13 addresses have major projects to be completed and have been granted extensions to the spring of '03. • 26 homes, 4 apartments, and 5 additional addresses will continue to be monitored until the end of the year for compliance and will receive either citations or be recommended for formal complaints. • Number of Violation(s) by Tvpe- 2002 Garbage Storage /Removal 87 Screening of Dumpsters (Commercial) 18 Abandoned Vehicles 6 Parts /Engines & Related Items 3 Accum. of Rubbish/Brush/Debris 227 Accum. of Junk/Furniture /Appli. 164 Storage of Commercial Vehicles 1 Illegal Parking /Storage Vehicles 249 Unlicensed /Inoperable Vehicles 241 Yard Maintenance (Seed & Sod) 54 Proper Addressing 18 Public Nuisance 3 Limitations on Animals 2 Miscellaneous (14 Days) 13 Fences 39 Accessory Buildings 64 Windows /Doors /Screens 36 Stairs /Porches /Decks 23 Driving /Parking Area Repairs 34 Foundations /Ext Walls /Roofs 55 • Miscellaneous (60 Days) 3 • Miscellaneous (30 Days) 12 Total Number of Violations: 1,352 Breakdown of Enforcement Action First letters sent by address 947 Second letters 348 Compliance /Thank you letters 978 (This number does include carryover from 2001) Citations Issued 5 Formal Complaints 9 Concerns raised durine sweep: • The old Denny's property has completely complied but we will continue to monitor. We are working with the property manager to maintain the property on a regular basis until it is taken over by the MnDot project. • There have been several complaints about the resident at 6721 Willow Lane operating a home vehicle repair business. We have been monitoring this address on a continuous basis and have not found any violations at this time. • Staffing: • The NLO staff has worked 22 weeks on this years Summer Sweep putting in a total of 1182 hours in inspections. • This month NLO staff has attended Logis Map training, the monthly ARM meeting, the Minnesota Crime Prevention Association Conference, and the 2002 Senior Adult Fair. Progress Forecast: To date 13 properties have been referred to the Housing Resource Center. We will continue to work with our contact person at the agency to get updated information on those that qualify and those that may need other options to meet code compliance. Update on "Focus Group" (addresses with 3 or more violations) • 6712 Colfax Ave N- complied. • 6318 Unity Ave N- Wazwaz home continues to see major improvements and we have received a positive response from neighbors who have called regarding the violations in the past. The most active and concerned complainant has indicated the improvements are the most he has ever seen in a decade. The daughter of the • homeowner has been financing a loan for the remaining exterior violations. • 6600 Unity Ave- In compliance as of 10/17/02 Pending Tickets and /or Knock and Talks: • 6725 Toledo Ave N -new owner working on violations. • 4407 71 st Ave N- progressive compliance for violation of debris buildup we will continue to monitor. • 6001 Halifax Pl- referred to court. Violations are exterior repairs. No compliance gained. • 511 Emerson Ave N- referred to court. Violations are for exterior repairs. No compliance gained. • 6601 Unity Ave N- referred to court. Violations have shown no improvements. Yard waste and junk vehicles. Maior Success Stories as of 10/31/02: • 6900 Morgan Ave N -after more than a year of noncompliance, removed fence, installed a new garage door. • 6836 Drew Ave N -after a previous history of noncompliance, the second driveway has met all requirements for a parking surface. • 1525 & 1543 Humboldt PI-after a history of noncompliance, this address has repainted trim, stairs, and decks on town homes. This address also has resolved the uncut grass next to the Police Station that has been disputed since the opening • of the Station. • 500 67 Ave N -after complaints from neighbors, painted over graffiti on house. • 6819 Toledo Ave N -after a year of noncompliance, repaired and repainted front and side stairs. • 5309 Bryant Ave N -after a year of noncompliance, completely removed damaged garage. • 5807 Ewing Ave N -after a year of noncompliance, paved dirt driveway. • 6712 Colfax Ave N -after six months of noncompliance, fence was repaired. Conclusion The 2002 summer sweep has now been completed with much success. Despite the fact that the sweep got off to a slow start due to both NLO's being hired and beginning the sweep in late May, it was completed on schedule. Many properties that had shown a history of non - compliance for years have complied. A major factor of this success was a change in approach to violators. The focus this year was repeated contact with property owners who where in violation and aggressively promoting compliance in each stage of the repairs. Few citations were issued due to the high compliance rate that was found by the NLOs in comparison to past years. Overall, we believe the community has become more aware of our code enforcement efforts, the summer sweep and the most common codes that exist throughout the city. • City Council Age d Item No. 10g t� 1 1 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING AND DIRECTING THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND AND THE CAPITAL PROJECT FUND WHEREAS, the City Council appropriated sums in the General Fund Contingency appropriation to provide for unanticipated expenses related to events of September 11, 2001; and WHEREAS, those contingencies have been met through other funding sources or with existing appropriations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following transfer of funds is hereby authorized and directed: Decrease: General Fund Cash ($75,000) Account 10100 -1095 Decrease: General Fund Contingency appropriation ($75,000) Account 10100- 49250 -6475 • Increase Special Assessment Construction Fund Cash $75,000 Account 40700 -1095 Increase Special Assessment Construction Fund $75,000 Appropriation Account 40700 -6530 Increase Capital Project Fund Cash $75,000 Account 40100 -1095 Increase Capital Project Fund appropriation $75,000 Account 40100 -6530 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. • Memorandum Date: November 7, 2002 To: Michael McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Fund Transfer — Contingency to Capital Funds Contingency appropriations were established in the wake of September 11, 2001 events at a level that would have provided for some funding to meet extraordinary expenses should such service, supply and labor costs be necessary. We are nearing the end of fiscal year 2002 and it seems apparent that such expenditures will not be necessary. All additional costs have been absorbed into current operating budgets or provided through other funding. The attached resolution provides for a transfer from the General Fund Contingency appropriation to two capital funds, Capital Improvement Fund and the Special • Assessment Construction Fund. The original Contingency appropriation was $157,875. We are suggesting that $75,000 be transferred to the Capital Improvement Fund and $75,000 be transferred to the Special Assessment Construction Fund. This will support the Council's goal of providing capital for neighborhood street projects through the Special Assessment Construction Fund and other capital improvements throughout the community from the Capital Improvement Fund. memMcCauley110702 Transfers.doc City Council Agenda Item No. lOh City of Brooklyn Center A Millennium Community • Memorandum To: Michael McCauley, City Manager t From: Jim Glasoe, Director of Community Activities, Recreation and Services Date: 11/7/2002 Re: Proposed Central Park Field Improvements During the past few years, we have spent significant time and resources on issues related to the Central Park ball fields. Specifically, the high creek level and the inability to use the fields for extended time periods have been cause for serious concern. During 2001 and 2002, our annual Dudley softball tournament was significantly impacted by the wet conditions. In fact. this year's event had to be moved to another location. As you know, the Dudley tournament • y o gent is largely su supported b corporate y pp Y orate P sponsorships. When combined, these sponsorships total in excess of $20,000 each year. Without exception, all the major sponsors have indicated that they ArE, unwilling to continue their sponsorships if improvements are not undertaken to make the Central Park fields playable. Without these sponsorships, the Dudley Tournament would likely end. The loss of the Dudley Tournament would have a direct impact on recreation revenues. However, I feel the community would lose much more. For the past twenty years, the Dudley Tournament has been a great promotion for the City of Brooklyn Center. Each year, thousands of people come to Brooklyn Center to watch some of the best softball teams in the country. They spend money on ioo:i. lodging and other goods. Last year alone, the Dudley teams booked over 280 room nights at local hotels. Equally as important as the revenues generated. teams and fans leave Brooklyn Center with a positive impression of the tournament and the City. In addition to the Dudley Tournament issues, we have lost an untold number of teams from our softball leagues as a result of the poor playing conditions. As a result, our league revenues have shown a steady decrease in recent years. 2 . 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 S During the past two months, Joe Ericksen has been in contact with some of the top softball teams in the state. These teams are attempting to put together a "double header" league in Brooklyn Center. Conceptually, twelve teams would pay $850.00 each to take part in this league. That would mean just over $10,000 in additional revenues. However, without the consistent use of the Central Park fields, we would not be able to accommodate these teams. As this is a double- header league, we would need four lighted fields ZD to effectively schedule the games. In addition to the potential for the double - header league, we are aware that as many as 16 teams from a neighboring community's softball leagues are contemplating a move to Brooklyn Center. Our reputation for quality leagues, combined with superior fields appears to be the driving force behind this movement. These new teams could provide an additional $12,000+ in revenues. Once again, we will not be able to accommodate these teams without the consistent use of the Central Park fields. As a result of the s otential loss of Dudley sponsorships, and the potential for A p p, p increased revenues, we have inet with Scott Brim:, Jolui. Harlow and others to • determine possible measures to improve the fields in the short term. While we recognize that the issue of the high creek levels and storm water runoff off are varied and quite complex, and although we appreciate the efforts that have be undertaken (cleaning the weir at Brookdale) to remedy the problem, we did not feel we could wait for long -terra studies and /or the development of a "big fix." The potential loss of sponsorship dollars and the recent developments related to our softball leagues have pushed us to look at financially feasible improvements that might be made in the interim. We have developed a plan (copy attached) that includes the installation of drain tile, the reconstruction of the warning tracks and replacement of the outfield fencing. All of these improvements are aimed at allowing the fields to drain more effectively, and to keep high creek levels from encroaching onto the fields. With the exception of the outfield fencing, our parks maintenance staff would complete all of the proposed improvements. I have reviewed the proposed changres with Scott Brink from the standpoint of the functionality of the improvements and the cost versus benefit. He concurs that the improvements are feasible and should provide a significant benefit in normal years, but may also provide a marginal improvement in the very wet years. Furthermore, Scott does not feel any of the improvements would require approval • from the watershed. I have attached a letter from Scott that details these items. The overall cost of these improvements would be approximately $26,000. To • finance these improvements, I have identified a couple of different funding options; Option 1+ would be to fund the improvements out of excess General Fund revenues (profits) from the softball leagues and the Dudley Tournament budgets. Option 2 would be a combination of the General Fund sources for $11,000 of the improvements, and a $15.000 allocation from the Capital Improvement Fund for the remainder of the improvements. For the Capital Improvements Fund portion, I had John Harlow review this year's Parks Capital Improvement Projects. John has indicated that this year's parks projects are coming in under budget by approximately $25,000. I recognize that this request is not a planned expenditure in either the 2002 General Fund or the 2002 -2006 Capital Improvement Fund budgets. However, the potential loss of the Dudley and the possibility for new teams has caused me to make the request at this time. In addition, time constraints would not allow me to plan for these improvements through the normal budgetary process. In order to have the fields playable for the 2003 softball season, these improvements would need to be made yet this year. As always, lease let e know } , p m o if you have any questions, or would like additional information. • • • MEMORANDUM DATE: November 7, 2002 TO: Michael J. McCauley, City Manager FROM: Scott Brink, Consulting Engineer SUBJECT: Proposed Central Park Field Improvements During the past few years, the City has spent significant amounts of time and resources on issues related to the Central Park ball fields. More specifically, the recent high creek levels and the inability to use the fields for extended periods off time have been cause for serious concern. This is explained in more detail in Jim Glasoe's memorandum dated November 7, 2002 (attached). As mentioned, Jim, Jolm Harlow and myself have reviewed the situation and collectively tried to determine a feasible solution to the problem. The main issue is the inability to use the fields for extended periods of time, because surface water is unable to drain from the fields during wet periods. This can chiefly be attributed to the following: • • Recent seasons of above normal averages for precipitation (especially in 2002). This has led to more frequent high levels of the Creek, and the fields are unable to drain. In other words, the ball field elevations were often at or near the same elevation of the Creek this past year. Higher ground water levels and the inability of the Creek to lower quickly have compounded this problem as well. • The underlying soils of the ball fields are very soft and normally wet. It is my understanding that prior to constructing the ballfields some 30 years ago, this area was essentially a low wet area. This has led to long -term settlement of the ball fields over the years, which also compounds the drainage problem. In an attempt to correct the problem, the City raised the ballfields anywhere from 1 -2 feet about 5 years ago, with the concurrence of the Shingle Creek Watershed (i.e., the fields were raised to their initial elevation when constructed). However, it appears that long -term settlement will continue to be a problem. Upon further review, it has been proposed to install a drain the system and to effect repairs to isolated portions of the warning track and fence. Some corrective work or leveling of isolated small spot areas of poor drainage would also be needed. Based upon our site walk, it appears that the maintenance leveling activity proposed would not be significant enough to warrant a formal approval of the Watershed, especially since the Watershed just recently approved much more significant amounts of filling. However, prior to performing any construction, I would suggest performing spot elevation checks over the ball fields. This would not only ensure proper • drainage, but would also tell us if any further concurrence from the Watershed may be needed. In a season that we just experienced this year (reportedly 2" or 3r wettest on record), the system would likely have been ineffective since the level of the Creek ultimately determines the ability of the field to drain, and the Creek was always high. However, the system proposed would enhance the field drainage during more typical seasons of precipitation, and would therefore be feasible. If you have any questions or require additional information, please contact me. 4 - s`All'. Vws A , Zlt -�' y?°*�•a av r ; r.3 .�'; ` * ri,. "A `� "` c p r ?•� 3 �,' " �r: , s�� fi �. z ���'� +�5 �., p p, ,, AR �.�,�"'' -�x x ai r e' y e'+`..' < 3��r'SE % _ s ' -�: a „� a y ., ,[.�( y�, #' �, ¢ :1 ar- _ i� + '.;� 'u �. �..G .. {a' 'xi• ,. �� �4{i. :'Sir ''S' . y �y . _ A �; � ��'awr � � 4 -,r � � ,yak "� dm��' ,2 ' � � �.. � M � - �k • + w �� . ,. `, � � �� ,�,, „� l. - - � . _ S� _ a +�� t � � Vi i. � ,�� � ,,_ �• � .. 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