Loading...
HomeMy WebLinkAbout2001 10-22 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION October 22, 2001 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. AMM Policy Priorities 3. Miscellaneous 4. Adjourn NAME: CITY: AMM POLICY PRIORITIES (20021 Please review the following list ofpriorities submitted by each of the AMM's four policy committees and indicate the top five priority policies you think the AMMshould focus its time and resources on during the 2002 Legislative Session. Fax completed form to: 651- 281 -1299. (1= highest priority; 5 = lowest priority) I -A Levy Limits (Revenue) I -B Local GovernmentAid (Revenue) I -C Sales Tax onLocal GovernmentPurchases (Revenue) I -G Revenue Diversification (Revenue) �+ II -A Mandates & Local Authority (General Legislation) C p II -C 911 Telephone Tax (General Legislation) II -E PermitApproval & Zoning /Denial Findings (General Legislation) III -C State Housing Policy (Housing & Economic Development) -Q III -J Tax Increment Financing MF) (Housing & Economic Development) III -L This Old Shop (Housing & Economic Development) as III -K State Role inRedevelopment /Reinvestment (Housing& Economic Development) y IV -E CollarCounties (MetrepolitanAgencies) CL IV -F GrowthMangement Strategy (MetropolitanAgencies) IV -G Natural Resource Protection (MetropolitanAgencies) V -A TransportationFunding (Transportation) V -C Road Access Fee (Transportation) Other: Association of Metropolitan Municipalities (AMM) 145 University Ave. W., St. Paul, MN 55103 ♦ amm@amml45.org Phone: 651- 215 -4000 ♦ Fax: 651- 281 -1299 ei® Association of Metropolitan Municipalities October 5, 2001 Dear AMM Member: Enclosed you will find AMM's draft policies for 2002, as recommended by our four policy committees. The Board of Directors reviewed these policies at their October 4 meeting and is recommending their approval with two changes. • The first change is to policy III -H, titled "Inclusionary Housing Study," on page 11 of the policy packet. The Board is recommending that the last bulleted statement be deleted, and that the policy conclude with the statement, "The AMM opposes adoption of a mandated inclusionary housing law." • The second change is to policy V -D, titled "Transportation Utility," on page 26 of the policy packet. The Board is recommending that the word "maintenance" be replaced with the word "construction." A notice of our annual Policy Adoption Meeting, which will be held Thursday, November 1, beginning at 5 p.m., at the League of Minnesota Cities building, is also enclosed. We hope you will join us and participate in this important discussion about AMM's policy positions and priorities for the 2002 legislative session. At the end of the policy packet is a listing of the individuals that served on each of the four policy committees, which developed the enclosed policies. Please feel free to contact committee members from your city, as well as AMM staff, prior to the Policy Adoption Meeting, if you have any questions or concerns regarding the proposed policies. Sincerely, Gene Ranieri Executive Director 145 University Avenue West SaintPaul, Minnesota 55103 -2044 Telephone: (651) 215 -4000 Fax: (651) 281 -1299 E -mail: amm @amm145.org January 2002 DRAFT Legislative D 0� C S Association of Metropolitan Municipalities 145 University Ave. W. ♦ St. Paul, Minnesota 55103 -2044 Phone: (651) 215 -4000 ♦ Fax: (651) 281 -1299 E-mail:amm@amm145.org Table of Contents Municipal Revenue & Taxation (1) l -A Levy Limits ........................................................................ ............................... 1 -B Local Government Aid ....................................................... ............................... 1 I -C Sales Tax on Local Government Purchases ...................................................... 1 -D Price of Government ..... ............................... .................... 2 .. ............................... I -E Fiscal Disparity Fund Distribution ...................................... ................. ............... 2 I -F Personal Property Taxation: Electric Utility ......................... ............................... 2 I-G Revenue Diversification ..................................................... ............................... 2 I-H Class Rate Tax System ...................................................... ............................... 2 I-I Limited Market Value ........................................................... ......:...................... 2 I-1 City Revenue Stability & Fund Balance ............................... ............................... 3 I -K Public Employees' Retirement Association (PERA) Under - Funding .................. 3 General Legislation 11-A Mandates & Local Authority ............................................... ............................... 5 II -B Public Right -of -Way ............................ ............................... ......................... 5 11-C 911 Telephone Tax ............... ............................... ........................... 5 11 -D 800 MHz Radio System ..................................................... ............................... 5 II -E Permit Approval: Zoning /Denial Findings ........................... ............................... 6 11-F PERA Opt-in for City Managers ......................................... ............................... 6 Housing & Economic Development (III) 111-A Livable Communities Act ................................................... ............................... 7 III -B Federal Housing Policy ...................................................... ............................... 8 III-C State Housing Policy ......................................................... ............................... 8 III -D Local Authority ............................ ............................... .....9 ... ............................... III-E Homelessness .................................................................. ............................... 9 III -F Family & Elderly Housing ................................................. ............................... 10 111-6 Community Housing Land Trusts ...................................... ............................... 10 III4F-1 Inclusionary Housing Study ................................................. .............................11 IIN Economic Development Responsibilities ............................ .............................11 III-1 Tax Increment Financing (TIF) .......................................... ............................... 12 III-K State Role in Redevelopment/ Reinvestment ..................... ............................... 12 III-L "This Old Shop .. ............................................................... ............................... 13 III-M Group Homes 2002 Legislative Policies i Contents Metropolitan Agencies (IV) IV A Purpose of Metropolitan Governance ............................... ............................... 15 IV B Regionally Provided Services: Funding ............................ ............................... 16 IVC Regional Systems ........................................................... ............................... 16 IV D Coordination of Local & Regional Plans ........................... ............................... 16 IVE Collar Counties ................................................................ ............................... 17 IV -F Growth Management Strategy ............................................ .............................18 IV-G Natural Resource Protection ............................................ ............................... 18 IV H Local Plan Implementation ............................................... ............................... 19 IV-1 Metropolitan Council Focus on Planning .......................... ............................... 19 IV-J Budget Process & Work Program Evaluation ................... ............................... 19 IV -K Criteria for Extension of Metropolitan Governance Authority ............................ 20 IV L Restructuring of Metropolitan Agencies ............................ ............................... 20 IV M Metropolitan Council: Method to Select Members ............ ............................... 21 N -N Parks & Open Space: Operation & Maintenance Capital Funding ................... 22 IWO Surface & Groundwater Water Management .................... ............................... 22 IV -P Sale of Lawn Fertilizers Containing Phosphorus .............. ............................... 23 IV-Q Water Supply ................................................................... ............................... 23 IV R Regional Wastewater (Sewer) Treatment System ............ ............................... 24 IV-S Waste Stream Management ............................................ ............................... 24 Transportation (V) V -A Transportation Funding .................................................... ............................... 25 V -B Regional Transit System .................................................. ............................... 25 V -C Road Access Fee ........................................................... ............................... 26 V -D Transportation Utility ........................................................ ............................... 26 V -E Highway Tumbacks & Funding ......................................... ............................... 26 V -F '3C' Transportation Planning Process: Elected Officials Role .......................... 26 V G Motion Imaging Recording System (M.I.R.S.): Traffic Law Compliance ............ 27 V -H Airport Noise Mitigation ................................................... ............................... 27 V-1 Traffic Control Devices (MN /DOT Administrative) ............. ............................... 27 V -J Cities Under 5,000 Population ......................................... ............................... 28 V -K County State Aid Highway (CSAH) Distribution Formula .. ............................... 28 Committee Rosters Housing and Economic Development Policy Committee :........... ............................... 29 Metropolitan Agencies Policy Committee ................................... ............................... 29 Municipal Revenue Policy Committee ......................................... ............................... 30 Transportation and General Government Policy Committee ........ ............................... 31 ii Association of Metropolitan Municipalities Municipal Revenue & Taxation (1) 1-4 Levy Limits The AMM strongly opposes levy limits and urges the legislature to discontinue them for 2003 or at a minimum not re -enact them for 2004 and beyond. The AMM also opposes the imposition of artificial mechanisms such as valuation freezes, payroll freezes, reverse referenda, super majority requirements for levy, or other limitations to the local government budget and taxing process. I -B Local Government Aid (LGA) AMM supports the continuation of Local Government Aid (LGA), which provides for revenue sharing between cities and the state, compensates cities for the cost of carrying -out state mandates and helps provide all Minnesotans with an adequate level of basic public services at a reasonable cost. However, the program should be revised so that: ♦ the formula is simpler and easier to understand and communicate; ♦ the formula better reflects city "need," and utilizes more reasonable need/ability -to -pay criteria; ♦ a portion of the funds are distributed on a per capita basis; ♦ there is an established mechanism by which the total amount ofmoney appv for LGA grows with inflation and the economy. Given the fact that the 2001 Omnibus Tax Bill increased the appropriation for LGA by $140 million, no city should have received less LGA in 2002 than they did in 2001. Therefore, if the Legislature elects not to undertake an in -depth review and updating of the LGA formula during the 2002 session, it should, at the very least, return those cities that lost LGA to their 2001 LGA levels. This will cost less than $4 million, which could be appropriated from the $14 million LGA reform account created by the 2001 Legislature. I -C Sales Tax on Local Government Purchases The legislature should reinstate the sales tax exemption for all local government purchases without requiring a reduction in other aids. 2002 Legislative Policies 1 I i Revenue & Taxation I -D Price of Government The price of government calculation in regard to local governments should be based on (1) changes in the sum of the levy and state aids, and (2) examination of long -term trends, not single year events. In addition, consideration should be given to service provision transfers between governmental units, increased demand for services by citizens and legislative mandates or tax rate changes. I -E Fiscal Disparity Fund Distribution The AMM opposes the use of fiscal disparities to fund social or physical metropolitan programs since it results in a metropolitan-wide property tax increase hidden from the public. t -F Personal Property Taxation: Electric Utility The AMM opposes proposals for exempting the Investor Owned Utilities (IOUs) from the personal property tax. Under no circumstances should local units of government and their taxpayers be required to shoulder the burdens of tax relief for IOUs. The personal property tax is a significant portion of the metropolitan fiscal disparity pool and, if elimi- nated, would have a metropolitan-wide property tax impact. I-G Revenue Diversification The AMM supports revenue diversification for cities to reduce the reliance on local property taxes. The AMM opposes legislated reduction or limitation on various license fees, development fees, or other general fees which would force increased property tax to pay for related services. 1 -H Class Rate Tax System The AMM opposes a change from the class rate tax system to a market value system, which would cause tremendous shifts oftax burden between classes ofproperty, or applying future levy increases to market value, since this would further complicate the property tax system. 14 Limited Market Value The AMM strongly opposes extension of artificial limits in valuing o mar ket for � Y PPo g pr perty at mar o taxatio purposes since such limitation shifts taxes to other properties and similar new properties will pay pro- portionately higher taxes. The legislature implemented a six -year phase out of limited market value on I , 2 Association of Metropolitan Municipalities Revenue & Taxation homestead property in the 2001 tax bill, which the AMM suggests be shortened to three years. The AMM believes that enhanced targeting for special circumstances such as low- income persons better serves the tax system. W City Revenue Stability & Fund Balance The legislature should not attempt to control or restrict city fund balances. These funds are necessary to maintain fiscal viability to meet unexpected or emergency resource needs of city governments, to purchase capital goods and infrastructure, provide adequate cash flow and to maintain high -level bond ratings. I -K Public Employees' Retirement Association (PERA) Under - Funding Although the 2001 legislature increased employer and employee contributions by .35 percent each, made some administrative changes in qualification, and extended the amortization period from 20 to 30 years, there is still a significant funding deficiency in PERA. In addition to further employer /employee contributions, the legislature should consider the following alternatives. ♦ Supply PERA with state aid funded from TRA and MSRS sufficiency's as was done in 1984 for TRA from PERA and MSRS. ♦ Allow former employees to take refunds enhanced by a portion of employer contributions. ♦ Reduce guaranteed interest for deferred members' benefits. ♦ Increase vesting from three to five years. ♦ Restructure the POST fund by combining assets with the current fund, redirect some of POST fund earnings to active funds, pay excess mortality costs from POST rather than active funds, and extend investment returns over a 10 -year rather than 5 -year period. 2002 Legislative Policies 3 i General Legislation 11-A Mandates & Local Authority The AMM opposes statutory changes which erode local control and authority or create mandated additional tasks requiring new or added local costs without a corresponding state appropriation or funding mechanism. New unfunded mandates cause increased property taxes which impedes the ability to fund traditional service needs. II -B Public Right -of -Way The AMM supports the continued effort of the League of Minnesota Cities (LMC) to protect the authority of cities to maintain jurisdiction over municipal public rights -of -way, to establish relevant criteria and to obtain reasonable compensation for its degradation and to retain franchise and fee collection authority for gas, electric and cable services. 11-C 911 Telephone Tax The AMM supports an increase in the current 27 cents per phone line 911 access fee to provide necessary and mandated upgrades and modifications to 911 systems in public safety answering point (PSAP) locations throughout the state. This fee increase is needed to maintain reliable emergency communication services and to comply with the FCC mandate for cell phone automated location identification. The increased funds should be distributed to the local PSAPs in a fair and appropriate manner. The Legislature should also restore the Commissioner of Administration's authority to establish the surcharge amount. 11 -1) 800 MHz Radio System The AMM supports the continuation of the Metropolitan 800 MHz Radio System legislation and board, as long as cities are not forced to modify their current systems or become part of the 800 MHz Radio System until they so choose. The system should provide a phased transition guaranteeing uninterrupted service and be technically capable of allowing communities the flexibility to form various coordinated arrangements for dispatching and service provision. In that one of the prime advantages of this system is the fact that local public safety agencies and other units of local government throughout the region will be able to communicate with each other, regional funding of the entire system should be considered. The Radio Board should be allowed to provide grants to local units of government for capital equipment purchases from the 4 -cent per phone line 911 appropriation in excess of backbone system construction needs. Any such funding should take into account the reasonable useful life of current systems. 2002 Legislative Policies 5 General Legislation Il -E Permit Approval: Zoning /Denial Findings The permit approval statute delineating time linut requirements should be modified so that in the case of a residential to commercial rezoning requiring a super - majority vote, a motion to table (simple majority) that extends action beyond the 60 day time requirement constitutes a denial. Current law provides automatic approval if no action is taken. In addition, if an approval resolution fails for any permit request, the city should be allowed, by statute, to provide a denial resolution with findings of fact at the next regular meeting or granted an automatic time limit extension. 11 -F PERA Opt -in for City Managers In 1981, when vesting was at 10 years, city managers were allowed to opt -out of PERA since many did not stay at their positions for a full ten years. Now that vesting in PERA is three year_ s, city managers should be allowed to opt back in to PERA. 6 Association of Metropolitan Municipalities Housing & Economic Development (III) III -A Livable Communities Act The 1995 Legislature enacted the Livable Communities Act (LCA) to stimulate housing and economic and community development in the metropolitan area. The act permits cities to access about $11.0 million in funding for pollution clean-up, housing and redevelopment. As a participant, a city must adopt affordable and life cycle housing goals,and a plan to achieve those goals. Since its inception, the Metropolitan Council has been responsible for program implementation, includ- ing the completion of an annual progress report. The report for the 1996 calendar year indicates progress toward achieving the stated goals but also raises concern regarding the preservation of afford- able housing, particularly the demolition of housing units. The AMM has maintained that the LCA should not be amended until there are progress reports and experience with the LCA. Based on the reports and experience of cities, the AMM recommends: ♦ The LCA should be continued. ♦ The LCA should be amended to eliminate the requirement that a city annually elect to be a pardci- pant in the act and require by November 15 that a resolution to withdraw be approved. ♦ The state should appropriate funds for the LCA. The appropriation should not replace the current funding sources but should be in addition to them. ♦ The Metropolitan Council, in cooperation with the LCA participants, should develop a benchmark to measure a city's efforts to provide affordable housing. The benchmark should replace the Afford- able Life Cycle Housing Opportunity Amount (ALHOA). ♦ The LCA amount should be amended to permit a development agency to apply for an LCA pro- gram provided the development agency receives from the city council in which the project will be located approval to submit the application and receive the grant. ♦ The Legislative Auditor should conduct a review of the Act to measure its effectiveness in achieving its stated goals. 2002 Legislative Policies 7 i Housing and Economic Development 111 -13 Federal Housing Policy Historically, the federal government has provided funding for housing production and rent subsidies. However, over the last decade, the federal government has significantly reduced its funding commitment. As a result, the number of housing units affordable to low - income households has not kept pace with the need. Further contributing to the need for affordable housing are changes in federal immigration policy which are expected to bring additional new residents to the region. Given the extent of the demand for afford- able housing, and the fact that federal policies often contribute to it state and local action alone will continue to be inadequate to meet the need. Federal involvement is needed in order to adequately address the affordable housing problem. Therefore, the AMM recommends that the Governor, Legislature and local governments throughout the region utilize memorializing resolutions and other means, such as public forums, to notify members of Congress and other federal government officials of the need for federal housing assistance. 111-0 State Housing Policy In recent years the State of Minnesota has been an active participant in addressing the affordable housing problem. A variety of state policies have attempted to address the need for production and maintenance of owner - occupied and rental housing affordable to low- income households. The 2001 Legislature provided significant property tax relief for apartment properties, passed legislation aimed at reducing regulatory barriers, allocated an additional $100 million in tax exempt bonding authority for housing purposes and granted a sales tax exemption for building materials and furnishings used in publicly -awned housing. The Legislature also appropriated $105 million in state general fund resources to the Minnesota Housing Finance Agency (WIFA). This equals 10 percent of the agency's $1.0 billion spending plan for the current biennium but is not an increase in the agency's general fund appropriation. The remainder of the plan will be funded through bond proceeds, investment earnings, and federal funds. However, given the ongoing shortage, the state must step -up its efforts in the area of afford- able housing. Therefore, the AMM supports legislative approval of: ♦ A biennial appropriation equal to 20 percent of MHFA's biennial spending plan. ♦ Programs that will leverage investments from non -state sources. ♦ A sales tax exemption for construction supplies and materials used in the production of any new or rehabilitated affordable housing project. 8 Association of Metropolitan Municipalities Housing and Economic Development ♦ A mortgage and deed tax exemption for public agencies and private developers producing afford- able housing. ♦ Continuation of the housing preservation program for federally subsidized housing that could be converted to market rate housing. ♦ Institution of a state tax credit for affordable housing. ♦ Continuation of the policy of not reducing a person's or a household's Minnesota Family Investment Program monthly grant if they are residents of public or section 8 housing. III -D Local Authority Local governments do not have the financial resources to solve the region's affordable housing problem alone, but they can complement federal tax credits and state grant programs through land use policies and regulatory modifications. However, it is unclear whether cities have the legal authority to adopt and enforce an affordable housing policy in cases where no federal, state or local funds are involved. For example, it is unclear if a city can offer an incentive such as a density bonus for a developer to produce a portion of the proposed devel- opment as affordable housing. An attempt was made to explicitly provide this authority during the 2001 session, but it was unsuccessful. To clarify cities' authority in this area, the legislature should: Authorize Minnesota cities to adopt local policies that encourage the production of affordable housing. The legislation should enable cities to draft ordinances or amendments to ordinances that provide for a portion of new housing to be within income and purchase price guidelines developed by the city. The enabling legislation should also permit cities to provide for waiver of fees, density bonuses or modification of local regulation and similar measures to stimulate housing production. ♦ Reaffirm that cities are responsible for and must retain the authority to regulate the location, size and amount, and type of housing within their boundaries. III -E Homelessness Programs to assist the homeless are generally funded by 'a variety of public and non -profit sources. Many of the programs such as the Stuart McKinney Homeless Prevention Act require operating agen- cies to develop a community -based planning process to identify needs of the homeless and adopt programs — continuum of care—to meet these needs. Continuum of care includes services and housing types (shelters, transitional and permanent). In the metropolitan area, counties in collaboration with other local governments and service providers 2002 Legislative Policies 9 Housing and Economic Development have developed continuum of care plans that have the goal of moving the homeless to needed services or permanent housing. However, a recent study completed by Hennepin County and the city of Minne- apolis regarding homelessness in the county found that homeless adults can not find permanent afford- able housing. They also found that there is a need for more coordination among the numerous metro- politan agencies involved in homeless assistance. The report notes that in several regions of the state counties coordinate their continuum of care plans. Therefore, it is recommended that: ♦ The supply of permanent assisted housing, particularly single room occupancy, be increased. ♦ Metropolitan counties should work together to initiate a coordinated planning process. III -F Family & Elderly Housing Demographic trends indicate that Minnesota's population is aging. In the metropolitan area, the Metro- politan Council reports that the number of persons age 75 and over will increase from approximately 110,000 in the year 2000 to 180,000 in 2020. Being aware of the trends, the legislature should: ♦ Provide additional resources to serve the low income elderly. Resources should include housing as well as related services. ♦ Direct state agencies to provide information and technical assistance to local governments regarding the population changes and their impacts on public services. ♦ Develop policies that encourage the development of housing for the elderly that is affordable and provides an attractive alternative to current housing and preserves the current housing. III-G Community Housing Land Trusts An affordable housing land trust is a non -profit corporation that is used to create an expanding and perpetually affordable supply of owner- occupied housing. The land trust attempts to maximize the cost - effectiveness of the public investment. Land trusts are operative in Minnesota and 22 other states. Currently there are at least six land trusts in Minnesota. The Minnesota Housing Finance Agency (MI-IFA) was authorized to assist in the funding of land trusts. The one -time funding permitted land trusts to provide gap financing, interest rate subsidies, predevelopment financing and financial underwriting costs. To assist the land trusts, it is recommended that: ♦ A land trust capacity building program be authorized by the 2002 Legislature. The land trusts would be authorized to provide such services as gap financing, interest rate subsidies, predevelopment 10 Association of Metropolitan Municipalities Housing and Economic Development financing and underwriting. The program should be administered by the MHFA and be appropriated at least $500,000. III -H Inclusionary Housing Study The 2001 Minnesota Legislature directed the Office of State Planning and the Minnesota Housing Finance Agency Q&FA) to study inclusionary housing statues and ordinances throughout the country and report to the legislature by January 15, 2002. The report will also make recommendations regarding approaches to encourage residential development that include housing for a range of incomes. The legislation requires that in developing recommendations, the state agencies consult with representatives of builders, developers, municipalities, local zoning officials, housing advocates and local planning officials. The first draft of the study without recommendations should be available in October 2001. The AMM will monitor the study and be active in the formation of the recommendations. In formulating recommendations the agencies and representatives of the various groups should consider actions that: ♦ Encourage the development of affordable rental housing. ♦ Provide for the opportunity for long -term affordability of rental and owner occupied housing. ♦ Include regulatory relief and modification of official controls as contributors to reducing housing costs but recognize that these measures alone will not produce housing affordable to households earning less than half of the area median income. In many instances a direct financial contribution will be needed. ♦ Recognize that cities are responsible for land use decisions and that the responsibility should not be reduced or transferred from the city. ♦ Establish a state policy that is implemented by local governments. The policy should include incen- tives. III -1 Economic Development Responsibilities The state should continue to recognize cities as the primary unit of government responsible for imple- menting economic development policies and land use controls. However, the state should adopt policies that encourage cities to jointly plan for and implement economic development projects. New or amended economic development programs designed to address specific economic circumstances within cities or counties should use problem definition as the criteria rather than geographic location, city size or similar criteria. 2002 Legislative Policies 11 Housing and Economic Development IIW Tax Increment Financing (TIF) The property tax reform provisions of the 2001 Omnibus Tax Bill will have significant negative impacts on new and existing TIF districts. As a result of class -rate compression and the state takeover of all general education and transit operating levies, existing TIF districts are expected to experience deficits of up to 3 3 percent in the coming years. An expanded grant program and special deficit authority were enacted during the 2001 session, but they need to be improved in order to adequately address the deficits caused by the reforms. Therefore, during the 2002 session, the Legislature should: ♦ Direct the Commissioner of Revenue to approve requests for pooling authority prior to July 1 of each year, so that pooled increments can be used to pay August bond payments. ♦ Review the grant program to clarify ambiguities and conflicts so that the Department of Revenue and cities can implement the program with a minimum of delay and uncertainty. ♦ Make inter -fund loans and some pay -as- you -go notes eligible for the grant program. Eligibility for pay -as- you -go notes should be limited to those where there is a contractual obligation to make a specific dollar payment to a private party who is not the beneficiary of reduced property taxes on the benefitted parcels. ♦ Repeal the certified tax capacity rate for all new and existing districts. 111 -K State Role in Redevelopment/Reinvestment Over the years, the state of Minnesota has provided cities with a variety of programs to assist in rede- velopment, pollution cleanup, business retention and expansion, and affordable housing. These programs include, but are not limited to, tax increment financing (TIF), tax credits, loans and grants, and tax expenditures. However, many of these programs were negatively impacted by the tax reforms and budget appropria- tions enacted during the 2001 legislative session. For example, the Redevelopment Fund did not receive any appropriation and the Minnesota Investment Fund received no increase in its appropriation. Revenues for existing TIF districts were significantly reduced as a result of the tax reforms and the usefulness of TIF for future projects remains uncertain. The process of reinvesting in a city is continual. In addition to redevelopment needs, many metropolitan area cities are faced with significant expenses in order to maintain, upgrade and replace their public infrastructure, including streets, utilities and various other public facilities. While both cities and counties 12 Association of Metropolitan Municipalities Housing and Economic Development develop and adopt capital improvement programs, cities do not have the authority to issue bonds to finance their programs the way counties do. Therefore, during the 2002 session, the Minnesota Legislature should... ♦ Recognize the state role in reinvesting in cities, by refining old and developing new tools and pro- grams under which the state will partner with cities to provide financial resources for redevelopment projects that meet public policy objectives. ♦ Grant cities the same authority counties have to prepare and fund a capital improvements program. III -1- "This Old Shop" AMM supports the passage of a "This Old Shop" law, similar to the existing "This Old House" law (M.S. 273.11, Subd.16), which would allow owners of older commercial/industrial property to defer an increase in assessed value as the result of significant reinvest in their property. III -M Group Homes ♦ State and county agencies must provide timely notification to cities of facility license requests and renewals and provide adequate opportunity to respond. Cities must also be aware of the special care needed by residents of such facilities in case ofpublic safety emergencies. ♦ Clustering of community residential facilities because of economic, geographic or other factors should be avoided. Standards of non - concentration for state or county- issued Requests for Propos- als (RFPs) should be established. ♦ There must be an ongoing screening process, particularly in the correction area, to insure that persons placed in a residential facility will benefit from such an environment and will not be a danger to themselves or others. The licensing authority must be responsible for removing any person found incapable of living peacefully in such an environment. ♦ Facilities licensed by the corrections department should not be exempt from reasonable local land use regulations. ♦ A fair share concept should be considered within the metropolitan area. However, this concept should consider other factors including transportation facilities, j ob availability and other needed support services. ♦ The licensing authority and/or legislature should allow cities to participate in the search for facility locations in order to meet needs ofthe providers, facility residents and the neighborhood. 2002 Legislative Policies 13 Housing and Economic Development 14 Association of Metropolitan Municipalities Metropolitan Agencies (IV) Introduction: Metropolitan Governance Structure The Metropolitan Council was established in 1967 to coordinate "the planning and development" of the seven county metropolitan area. To fulfill its responsibilities, the Metropolitan Council has worked with local governments to establish policies regarding growth and development in the region. Over the years, the Metropolitan Council has been authorized by the legislature to be involved in the development of regional parks and the operation of regional services. In the following years the Metropolitan Council was mostly advisory, but was given responsibility for regional policy development and coordination in the areas of wastewater treatment, transportation and airports. The Metropolitan Council was given limited approval authority for development proposals, which were of metropolitan (regional) significance but was not given direct operational authority. The Metropolitan Council's responsibilities have been expanded over the years. The Metropolitan Council was given direct operational responsibility for regional transit and wastewater treatment in 1994. In the following year, the legislature directed the Metropolitan Council to implement the Livable Communities Act (LCA). The Metropolitan Council's role with the LCA is to negotiate affordable and life cycle housing goals for cities and provide grant funds for the clean-up of polluted lands and demon- stration projects that foster a mix of land uses and housing types. The Metropolitan Council's role has evolved since its inception to long -range planning and the operation of regional services. IV -A Purpose of Metropolitan Governance The AMM affirms its support for the existence of a metropolitan governance system to deal with appropriate regional issues and concerns. The purpose of the metropolitan governance system should be: ♦ To facilitate region —wide planning with the cooperation and consideration of the affected local units. ♦ To provide certain region -wide services that do not duplicate those that can be provided by local governmental units, either individually or jointly. ♦ To fulfill other specific responsibilities mandated by the state and federal governments. 2002 Legislative Policies 15 Metropolitan Agencies IV -B Regionally Provided Services: Funding The Metropolitan Council should continue to fund its regional services and activities through the existing combination of user fees, property taxes, and state and federal grants. The current revenue system provides better visibility to the customers. The Metropolitan Council should be responsible for determining user fees. The fees should be consistent with regional system plans and goals assure that the service quality can be of high quality as measured by industry or public policy standards and be established by an open, visible procedure including, but not limited to, public notice and hearings. I A clear linkage between revenue and service should be maintained. Fee proceeds from one service should not be used to fund another regional service. IV -C Regional Systems 9 Y The regional investment in metropolitan systems must be maintained and preserved by preventing adverse impact because of the lack of integration and coordination between regional and local planning. Regional system designation should only be approved if there is a compelling metropolitan problem or concern that can best be addressed through the designation. Prior to requesting legislative approval for a system, the Metropolitan Council must discuss the proposal with the region. IV -D Coordination of Local & Regional Plans The regional planning process must, on a continual basis, have the input of local government officials. To ensure input, the Metropolitan Council should hold hearings and provide public notice and copies of proposals regarding amendments to the Metropolitan Development Guide. Metropolitan system plans must be specific in terms of locations, capacities and timing to allow for consideration in local comprehensive planning. System plans should clearly state the criteria by which the local plans will be judged for consistency. The system plans should also clearly state the criteria that will be used to find that a local plan has a substantial impact on or contains a substantial departure from the metropolitan system plans. The Metropolitan Council should continue to offer assistance to cities. The assistance should include but not be limited to staff support, research, policy guidelines, system statements and procedures for the review and evaluation of plans and amendments. 16 Association of Metropolitan Municipalities Metropolitan Agencies The Metropolitan Council, in its review of local plan amendments, must have a procedure that will: ♦ Recognize thatthe Metropolitan Councils role is to review and comment, unless there is a substan- tial impact on or departure from the system plans. ♦ Establish an open dialogue between cities and the Metropolitan Council, including public meetings and public hearings. ♦ Be aware of the statutory time constraints imposed by the legislature on plan amendments and development applications. ♦ Provide for immediate effectuation of plan amendments, which have no potential for substantial impact on systems plans. ♦ Require the information needed for the Metropolitan Council to complete its review, but not pre- scribe additional content or format beyond that is required by the Metropolitan Land Planning Act (MLPA). IV -E Collar Counties As the Twin Cities region continues to grow and expand outward, working collaboratively with the 11 collar counties in Minnesota and Wisconsin, and the cities within those counties, will become increas- ingly important. There are both environmental and transportation issues that cannot be solved by the seven - county area alone. Therefore, Minnesota Planning, the Metropolitan Council, and the counties adjacent to the Twin Cities metropolitan area should begin meeting on a regular basis regarding growth management strategies for the Minnesota collar counties. The Wisconsin collar counties should be included when appropriate: These strategies should focus on policies than can be implemented by local governments within the adjacent counties and by state agencies, rather than by extension of the Met Council's jurisdiction to additional counties. All strategies should complement and recognize growth management policies currently being implemented within the seven - county metropolitan area. Regional services should be extended to the collar counties only if there is a specific problem that can be best resolved by extending the service. The area receiving the services must pay for the service exten- sion and agree to growth management strategies consistent with those of the seven - county metropolitan area. 2002 Legislative Policies 17 Metropolitan Agencies IV -F Growth Management Strategy The Metropolitan Council is currently preparing anew Regional Blueprint, to be completed by Decem- ber of 2002, that is expected to rely less on the current MUSA line policy. In developing this new Blueprint, the Council must work with and recognize the role of local governments in developing and implementing growth management strategies. The AMM believes that the metropolitan area must accommodate growth in a manner that balances natural resource protection with the need to provide affordable land, housing and public e d, g p services. While the Council's s role is to set broad regional owls, and then provide cities with technical assistance � g and models, local governments are ultimately responsible for zoning, land use planning and development decisions within their borders. Cities are not scheduled to complete new Comprehensive Plans until 2008, and the creation of a new Regional Blueprint in 2002 should not change this planning schedule. While the rocess be' '1' in utilized in the Smart Growth Twin Cities effort does provide opportunities P g p ppo es for sharing information and working toward consensus on some regional issues, it falls far short of providing a comprehensive regional planning process. AMM strongly suggests that the Metropolitan Council expand the regional planning process to include broader regional issues than the "walkability of neigh- borhoods." IV-G Natural Resource Protection Natural amenities are one of the prime contributors to the high quality of life enjoyed in the Twin Cities region. As the region continues to grow and expand, investing in and protecting these resources is impor- tantto maintaining this high quality of life. Therefore, the Association of Metropolitan Municipalities supports the Metropolitan Council's efforts to inventory natural resources in the metro area. However, once that inventory has been completed, cities and their residents must maintain the authority to make local decisions regarding the protection of identified resources. There is a need to be flexible and creative in to balance natural resource protection with develop - ment projects, such as housing developments, commercial/mdustrial expansion and infrastructure repair and upgrading. But there will also be cases that present unavoidable trade -offs between natural resource protection and desired economic and community growth These situations will require value judgements weighing the costs and benefits $ g fits of protectin articular natural resource versus the cost and benefits of i g a P a proposed development. Such decisions rightfully belong at the local level. To protect natural resources of regional importance, the Council, in consultation with local governments and private parties, must provide the necessary funding and develop appropriate protection methods. 18 Association of Metropolitan Municipalities Metropolitan Agencies These methods might include, but should not be limited to, the purchase of development rights, ease- ments, or acquisition. Finally, if the Metropolitan Council determines that the completion of local NRIs is a regional priority, it must provide both funding and technical support to the cities expected to carryout this policy. IV -H Local Plan Implementation Local governments are responsible for zoning. These zoning decisions should not be conditioned upon approvals by the Metropolitan Council or other governmental agency. The AMM is open to the use of alternative dispute resolution procedures prior to judicial remedies. Alternative dispute resolution could reduce costs and time for all parties involved in the dispute. The AMM strongly opposes the creation of an appeals board that could supersede city planning or zoning decisions. IV -1 Metropolitan Council Focus on Planning Long -range planning should continue to be the primary function of the Metropolitan Council. In con- ducting long -range planning, the Metropolitan Council should periodically update and revise the vision for the region. As part of its long -range planning, the Metropolitan Council should include analysis of trends, plans, policies and programs that could impact or link the regional growth centers in Greater Minnesota to the metropolitan area. In addition to its long -range planning function, the Metropolitan Council should maintain and expand its technical and research services to cities. The services should assist cities in completing its planning mandates but also in conducting special studies and projects. For cities to meet their planning mandates, the Metropolitan Council must ensure that its planning, data collection and dissemination functions are fulfilled in a timely manner and are consistent with its statutory obligations. IV-J Budget Process & Work Program Evaluation The Metropolitan Council's annual budget should present revenue and expenditure budgets by the services provided. Mandated and non - discretionary projects should be identified along with their funding sources. Previous year's history should also be provided. The annual budget should maintain linkages between expenses and revenues. In addition, the funds or reserve funds raised for a particular service should not be used or commingled with the funds raised for any other service or activity. 2002 Legislative Policies 19 Metropolitan Agencies The Metropolitan CounciI's work program should meet four tests: ♦ The issue or problem identified is important to the region's well-being. ♦ Metropolitan Council intervention or activity will produce a positive result. ♦ The Metropolitan Council's action does not duplicate or serve as a substitute for a state level program or effort or what should be a state level activity. ♦ The Metropolitan Council is the most appropriate agency to intervene or perform the activity. IV -K Criteria for Extension of Metropolitan Governance Authority The legislature, if granting the metropolitan governance structure additional responsibility or authority, should be specific in the grant. New or expanded authority should be considered only when one or more ofthe following exist: I ♦ The service, function or activity has been shown to be needed and it can be demonstrated that it cannot or is not being effectively or efficiently provided through existing general purpose units of government ♦ The service, function or activity is not an appropriate state level or local government level activity or function. ♦ Regional intervention is needed for protection of the region's investment in an existing metropolitan system. IV -L Restructuring of Metropolitan Agencies The Sports Facilities Commission and the Metropolitan Airports Commission (MAC) are currently metropolitan commissions. The legislature should make the sports facility commission a local commis- sion if the back —up tax is limited to one city or is expanded to additional cities. If the tax is extended to other cities, the commission should be restructured to have membership from those cities. The legislature should clarify the status of the MAC so that it becomes either a metropolitan or state directed agency. The determining factor in the agency decision is the nature of the commission's back- up tax. If the tax will be a metropolitan area tax, its membership should come from the metropolitan area. If the back -up tax is statewide, then the MAC should have statewide representation. In selecting membership on the MAC board, the governor should give primary consideration for repre- sentation from communities impacted by the operations of the MAC airports. 20 Association of Metropolitan Municipalities Metropolitan Agencies IV -M Metropolitan Council: Method to Select Members The legislature has debated proposals to amend the process to select Metropolitan Council members. Proposals to elect the members directly or to elect county commissioners as Metropolitan Council members have been discussed but not enacted into law. The AMM has studied the governance issue and has released a separate "Metropolitan Governance Report" (October 1998). The report notes that there is no regional crisis that requires a governance change, but did recommend that Metropolitan Council members serve fixed, staggered terms. The AMM finyther recommends that no changes be made to the Metropolitan Council unless a governance proposal meets a set of criteria. The intent of the criteria is to fashion a regional governance structure that has a distinct mission, but does not establish a political subdivision with local government powers or one that is a state agency. The Metropolitan Council should have a distinct mission of long -range planning and operation of legisla- tively- authorized regional services. The criteria include: Terms of Office Members should serve fixed, staggered terms. Metropolitan Council Powers The Metropolitan Council should continue to be a long -range, planning agency and potentially an operator or oversight agency for regional services. As such, the Metropolitan Council must maintain planning, coordinating and local assistance as a high priority. Additional Powers New powers must not expand or override city responsibilities, especially land use regulation authority. The Metropolitan Council must not become an agency with general local government powers. State Role The legislature should focus on broad oversight of the Metropolitan Council's mission and services. Local Government Local elected officials must be involved in the selection process of Metropolitan Council members and there must be a mechanism to facilitate meaningful dialogue and input between the Metropolitan Council and cities. 2002 Legislative Policies 21 Metropolitan Agencies Collar Counties The metropolitan region clearly includes the seven designated counties and the adjacent eleven Minne- sota counties, as well as three Wisconsin counties. The needs of the entire metropolitan region beyond the current seven county region must be addressed. Metropolitan Council Members The selection process must strive to appoint Metropolitan Council members who have an understanding of and will be responsive to the district represented, as well as be responsive to the best interests of the region. The selection process should limit the potential influence and support (including financial) of special interests. IV -N Parks & Open Space: Operation & Maintenance Capital Funding The governor and the legislature should continue to appropriate funding for the operation and mainte- nance of regional parks. The level of funding should be equal to the statutory goal of 40 percent of the total budget. Regional parks essentially serve the role of state parks in the metropolitan area and the acquisition, development and improvement of the parks should continue to be funded, in part, with state resources. IV-0 Surface & Groundwater Water Management If legislation is considered for surface water management, it should be based on the following principles: ♦ The legislature should provide full funding if it mandates additional water management planning or implementing activities by local units of government. ♦ Local units of government should continue to be responsible for the organization and operation of surface and groundwater management, since they are the closest to the problem. Therefore, legisla- tion enacted in 1999 limiting representation on boards of Water Management Organizations (WMOs) should be repealed. ♦ New state requirements should not add to local costs and duplicate reviews/approvals should be reduced or eliminated. The AMM would support the following initiatives/action: ♦ A state grant program similar to those currently administered by the Board of Water and Soil Resources (BOWSR) should be established to assist WMOs in the metropolitan area to implement their plans. 22 Association of Metropolitan Municipalities Metropolitan Agencies ♦ The legislature should clarify that the joint power WMOs can, with the approval of its participating governments, separately levy a tax for its programs. ♦ A thorough assessment of the BOWSR structure and authorities to ascertain if it should continue to be the approval and oversight agency for surface water management planning and activities in the metropolitan area. ♦ A thorough assessment of the metropolitan area surface water management planning and permitting process with the objective of developing improvements in conflict resolution, better coordination between state and local agencies, and streamlining the project permit approvals process. ♦ Compliance by local units of government located outside of the metropolitan area with the same standards and requirements for surface water management as those imposed on local units within the metropolitan area. ♦ A technical evaluation of the impact of 2:1 wetland replacement in the urbanized area on the goal of greater urban densities as stated in the Metropolitan Council's Regional Blueprint. IV -P Sale of Lawn Fertilizers Containing Phosphorus In an effort to improve and enhance surface water quality in the metropolitan area and to reduce the public resources expended to implement surface water management plans that are required by State law, the AMM supports restrictions on the use and sale of lawn fertilizers containing phosphorus and, with reasonable exceptions, a "zero" phosphorus content requirement for lawn fertilizers sold in the seven - county metropolitan area. Watersheds rarely are wholly within municipal boundaries and, to be effective, measures for water quality improvements need to be uniform and regional or statewide. Cities believe the State is the appropriate level of government for effective and economical administration and enforcement responsibility. IV-0 Water Supply Additional legislation pertaining to local or regional water supply planning is not warranted. If legislation, however, is proposed it should be based on the following principles: ♦ Local units should retain the basic responsibility for water supply planning and management as in current law. ♦ The state should fund additional mandates. ♦ Potable water should not be designated a regional system. 2002 Legislative Policies 23 Metropolitan Agencies IV -R Regional Wastewater (Sewer) Treatment System The regional wastewater treatment system has improved the water quality of the region's major river and lakes. The system should not be permitted to break up or to diminish its effectiveness. Since all users benefit equally, the regional user rates should be uniform by type of user. IV -S Waste Stream Management The legislature should enact legislation which will: ♦ Establish goals to reduce, recycle and reuse packaging materials and establish fees, taxes or depos- its to encourage accomplishment of the goals. The revenues would be waived when the goals are met. Available revenues would be used to romote or enhance local programs to achieve the goals. P P �'� g ♦ Continue the Office of Environmental Assistance (OEA) as an agency that primarily assists local governments to manage waste effectively. ♦ Continue the role of cities in waste stream management unless a state or metropolitan system is established to achieve the same goal. ♦ Distribute all proceeds from any funding system for solid waste management activities and require distribution of funds to all entities involved in the system. ♦ Provide that host communities for solid waste facilities will not have a financial liability for costs associated with operating and monitoring the facility. Such costs should be borne by the operator and in the absence of regulations should be assumed by the state. ♦ Maintain, at a minimum, the current compensation level permitted through surcharge fees and increase the level as well as making the compensation available to all types of solid waste facilities. ♦ Define municipal solid waste not to be a hazardous substance. The definition would enhance the ability oflocal governments. 24 Association of Metropolitan Municipalities Transportation (V) V A Transportation Funding The AMM strongly supports increased funding for transit and highways, both of which are a critical need in the metropolitan area. In addition, funding for mass transit including transit ways, light rail or heavy rail in existing corridors should be dedicated in a manner consistent with current highway funding. Funds allocated to the metropolitan area should be flexible so that the most efficient and cost effective transportation solution may be chosen and the main metropolitan problem (congestion relief) can be addressed. The AMM supports a constitutional amendment dedicating the Motor Vehicle Sales Tax and/or other revenue source to a new Surface Transportation Multimodal fund from which an appropriate amount is allocated to the Highway User Tax Distribution fund to replace the auto license tab fee reduction of 2000, and the remaining amount to be used for transit and/or highway needs as priority dictates. The AMM will support a general gas tax increase only if accompanied by this constitutional amendment Provision. The AMM also supports a Metropolitan area referendum for an additional half -cent or full cent sales tax to support metro area major highway and transit needs with the caveat that current funding source amounts and percentages for the Metro area are maintained. All non-transportation ro s should e e sources other than currently dedicated trans- programs b funded from sour s o y portation funds. V -B Regional Transit System To provide travel choices to reduce congestion and automobile dependency the Regional Transit System should be a combination of integrated traffic management systems which include use of HOV lanes, express buses, exclusive transit ways, light rail transit, and commuter rail corridors built to connect residents to job, retail and commercial centers, plus a variety of other transit modes, including taxi, bus, pedestrian and bicycle. Shifting maj or transit funding from property tax to a percentage of MV ST may not equate to real property /people growth nor provide for the addition of needed service to previously unnerved growth centers. Therefore, the AMM supports annual funding increases for the Metropolitan Transit System that not only support the current system but preferable increase Metro transit capability to equal growth and provide much needed congestion relief. 2002 Legislative Policies 25 Transportation Park- and -ride facilities for mass transit modes adequate to connect the regional centers, major trip generators and communities, both urban and suburban, should have integrated feeder systems to accommodate local buses, automobiles, van pools, bicycles, as well as walking facilities. The Metropolitan Council should work with local units of government to encourage « land use controls along designated transit corridors to promote transit ridership. V -C Road Access Fee In order to fairly provide for maj or street improvements of primary benefit to a particular subdivision development but not directly assessable and to allocate cost so that new growth pays its fair share, the legislature should authorize cities to establish at their option a road development access charge to be collected at the time that subdivisions are approved and/or at the time building permits are issued similar to park dedication fees. V -D Transportation Utility The AMM requests the legislature to authorize cities to establish a transportation utility for street mainte- nance and reconstruction of aging infiwtructure, similar to the existing storm water utility, so that costs of unproved facilities can be more fairly charged to the users rather than the general population as a whole. V -E Highway Turnbacks & Funding The AMM supports jurisdictional reassignment or turnback of roads on a phased basis using functional classification and other appropriate criteria subject to a corresponding mechanism for adequate funding of roadway improvements and continuing maintenance. Cities do not currently have the financial capacity other than significant property tax increase to absorb the additional roadway responsibilities without new funding sources. The existing municipal turnback fund is not adequate based on contemplated turnbacks. V - F `3C' Transportation Planning Process: Elected Officials Role The AMM supports continuation of the Transportation Advisory Board (TAB), a majority of local elected officials membership on the TAB itself and the TAB process, which was developed to meet federal requirements for designation of the Metropolitan Council as the Metropolitan Planning Organiza- tion that is responsible for the continuous, comprehensive and cooperative (3C) transportation planning process to allocate federal funds among metropolitan area projects. This process requirement was reinforced by the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA) and the 1998 Transportation Efficiency Act for the 21 st Century (TEA21). 26 Association of Metropolitan Municipalities Transportation V-G Motion Imaging Recording System (M.I.R.S.): Traffic Law Compliance The AMM requests legislative action authorizing utilization of motion imaging recording system technol- ogy for governmental units, including cities, on streets and highways to assist promotion of safety and traffic law compliance enforcement. The technology has been proven and is currently used for law enforcement by numerous states, municipalities and other countries. The state should at least implement a pilot proj ect on municipal streets in the metropolitan area. V -H Airport Noise Mitigation The AMM strongly supports continued equitable airport noise programs needed to address the in- creased noise associated with the expansion of the MSP International Airport. Noise mitigation pro- grams should now continue as soon as possible toward the 60 DNL (day /night level— adjusted decibel average) in accordance with 1996 legislation in which the Metropolitan Airports Commission (MAC) was charged with developing a mitigation package for legislative consideration in 1997. In 1999, the Governor's Community Stability Funding Task Force was created to identify and recom- mend funding sources for the implementation of noise mitigation measures. While the MAC has initiated measures to mitigate noise to the standard 65DNL, and has studied and initiated measures, including significant funding for approval by the Federal Aviation Administration (FAA), to address noise mitiga- tion in the 640 DNL estimated contours, sufficient alternative funding for noise mitigation still has not been identified or appropriated. The AMM believes costs associated with all types of noise mitigation should be borne not only by MSP airport (MAC), but also by the state. MSP airport is considered a statewide facility and provides tremendous economic benefit to the region —a benefit that does not come without responsibility to the citizens adversely impacted. The MAC and the state should seek long -term solutions and provide stable and significant funding to mitigate noise impacts. In addition to MSP International Airport, impacts, including environmental and low frequency noise, must be identified at all MAC airports and applicable mitigation measures implemented by the MAC. V -1 Traffic Control Devices (MN /DOT Administrative) The AMM understands the need for the Manual on Uniform Traffic Control Devices. The AMM also recognizes that unique situations within municipalities occasionally may not be adequately addressed by the standards in the manual. Therefore, the AMM encourages the Department of Transportation to more strongly take into consideration unique local conditions and circumstances when examining local requests for traffic control devices. In addition, the AMM would support the establishment of a peer appeals review board to review, when requested by a local municipality, specific situations when the quantitative warrant criteria in the Manual on Uniform Traffic Control Devices are not met. 2002 Legislative Policies 27 Transportation V-J Cities Under 5,000 Population Currently cities under 5,000 population receive no state funding or MSA funds for collector or arterial streets regardless of traffic volume, origination and/or destination. Current CSAH distribution to Metro- politan Counties is inadequate to provide for metro area smaller city needs. Criteria such as number of average daily trips should be established in a small city local road improvement program for funding qualification and a distribution method devised. Possible funding sources include the five- percent set - aside account in the highway user distribution fund, modification to county municipal accounts and/or state general fund V -K County State Aid Highway (CSAH) Distribution Formula The AMM supports modification of the County State Aid Highway (CSAH) distribution formula to more fairly account for total vehicle miles traveled on Metropolitan County CSAH funded roads. Although only 10% of the CSAH roads are in the Metro area they account for nearly 50% of the vehicle miles traveled. The metro counties receive less than 20% of the CSAH distribution and have instituted city cost participation, whereby cities are now forced to pay up to 45% of a CSAH road project cost in some areas. 28 Association of Metropolitan Municipalities Committee Rosters (VI) Housing and Economic Development Policy Committee Jan LeSuer, Councilmember, Golden Valley (Committee Chair) Bonnie Balach, Community Development, Minneapolis Frank Boyles, City Manager, Prior Lake Sharon Cassen, Councilmember, New Hope John Erar, City Administrator, Andover John Goedeke, Councilmember, Roseville Tom Goodwin, Councilmember, Apple Valley Tom Harmening, Community Development Director, St. Louis Park Regina HArris, HRA Director, Bloomington Ryan Kaess, Assistant to the Mayor, St. Paul Andrea Hart Kaj er, IGR Director, Minneapolis James Keinath, Administrator, Circle Pines Joan Molenaar, Councilmember, Champlin Richard Mussell, Councilmember, Anoka Jun Norman, Administrator, Ramsey Anne Norris, Manager, Crystal Samantha Orduno,Administrator, Richfield Tim Ricker, Councilmember, Brooklyn Center James Verbrugge, Assistant Administrator, Eagan Craig Waldron, Administrator, Oakdale Liz Workman, Councilmember, Burnsville Heather Worthington, Administrator, Falcon Heights Metropolitan Agencies Policy Committee Beverly Aplikowski, Councilmember, Arden Hills (Committee Chair) Mary Anderson, Mayor, Golden Valley Bill Barnhart, Government Relations Representative, Minneapolis Steve Cherney, Councilmember, Burnsville Kris Danielson, Community Development Director, OakParkHeights Craig Dawson, Administrator, Shorewood Mike Gundlach, Councilmember, Prior Lake 2002 Legislative Policies 29 Committee Rosters Anne Hurlburt, Director of Community Development, Plymouth Marvin Johnson, Mayor, Independence Barret Lane, Councilmember, Minneapolis Larry Lee, Director of Community Development, Bloomington Tom Link, Director of Community Development, Inver Grove Heights Terry Schneider, Councilmember, Minnetonka Jeanna Troha, Assistant to the City Manager, New Brighton Municipal Revenue Policy Committee Jim Smith, Councilmember, Independence (Committee Chair) Curt Boganey, Manager, Brooklyn Park Tom Burt, Administrator, Rosemount Joan Campbell, Councilmember, Minneapolis Don Collier, Councilmember, New Hope Steve Devich, Assistant City Manager, Richfield Walt Fehst, Manager, Columbia Heights Matt Fulton, Manager, New Brighton Richard Fursman, Administrator, Maplewood Teri Heaton, ChiefFinancial Officer, Bloomington Joe Huss, Finance Manager, Bloomington Kim Kamper, Interim CityAdministrator, Oak-Park Tom Lawell, Administrator, Apple Valley Joe Lynch, Administrator, Arden Hills Wes Mader, Mayor, Prior Lake Mike Mornson, Manager, St. Anthony Bruce Nawrocki, Councilmember, Columbia Heights Steve O'Malley, Deputy City Manager, Burnsville Don Rambow, Finance Director, White Bear Lake Douglas Reeder, Administrator, South St. Paul Ryan Schroeder, Administrator, Cottage Grove Jerry Splinter, Manager, Coon Rapids Steve Stahmer, Assistant to the City Manager, Hopkins Kathy Thurber, Councilmember, Minneapolis John Wallin, Finance Director, Edina Jim Willis, Administrator, Inver Grove Heights 30 Association of Metropolitan Municipalities Committee Rosters Transportaton and General Government Policy Committee Veid Muiznieks, Councilmember, St. Paul Park (Committee Chair) Beverly Aplikowski, Councilmember, Arden Hills Dave Callister, Clerk - Administrator, Osseo Charlie Crichton, Councilmember, Burnsville Chuck DeVore, Councilmember, White Bear Lake Dan Donahue, Manager, New Hope Sharon Feess, Councilmember, Brooklyn Park Mary Hamann - Roland, Mayor, Apple Valley Bill Hargis, Mayor, Woodbury Jon Hohenstein, Administrator, Mahtomedi Patrick Hollister, Administrative Assistant, Mendota Heights Barbara Johnson, Councilmember, Minneapolis Mike Klassen, St. Paul Steve Larson, Mayor, New Brighton Mark McNeill, Administrator, Shakopee Ed Nelson, Councilmember, Brooklyn Center Jim Smith, Councilmember, Independence Gertrude Ulrich, Councilmember, Richfield Karen Lowery Wagner, Government Relations Representative John Weaver, Councilmember, Anoka 2002 Legislative Policies 31 CITY COUNCIL MEETING City of Brooklyn Center October 22, 2001 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 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report 6. 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 hese items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. October 8, 2001 - Study Session 2. October 8, 2001 - Regular Session 3. October 15, 2001 — General Work Session Joint Meeting with Financial Commission b. Licenses C. Approval of Applications for Excluded Bingo from the Willow Lane PTA for Events to be held on November 16, 2001, and March 15, 2002, at Willow Lane Elementary School d. Resolution Amending Levy Nos. 15128 and 15129 to Provide For Deferral of Certain Special Assessments CITY COUNCIL AGENDA -2- October 22, 2001 7. Random Acts of Kindness Presentation of Recognition and Certificate Ceremony 8. Special Report on Public Safety Response and Preparedness 9. Public Hearings a. Continued Public Hearing Regarding Proposed Special Assessments for Delinquent Public Utility Service Accounts (This continuation is for the assessment of Lang - Nelson, 6100 Summit Drive, which was removed from the resolution that was adopted on September 10, 2001.) - Resolution Certifying Special Assessment for a Certain Delinquent Public Utility Service Account to the Hennepin County Tax Rolls • Requested Council Action: - Continue the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. b. An Ordinance Vacating Certain Utility Easements in BROOKLYN 55 ADDITION (This item was first read on September 24, 2001, and will be continued to November 13, 2001, for proper publication.) • Requested Council Action: -Open the public hearing. -Take public input. - Motion to continue public hearing to November 13, 2001, meeting for proper publication. 10. Council Consideration Items a. Resolution Amending City Council Handbook Regarding Order of Business: Adding Pledge of Allegiance • Requested Council Action: - Motion to adopt resolution. - Pledge of Allegiance. b. Resolution Ordering the Correction of Hazardous Conditions and Further for the Abatement of Public Nuisances. Safety and Health Hazards and Other Ordinance and Statutory Violations with Respect to That Real Estate Located at 6842 West River Road Requested Council Action: - Motion to adopt resolution. i 1 CITY COUNCIL AGENDA -3- October 22, 2001 C. Request for Proposals — Professional Audit Services • Requested Council Action: - Motion to approve Request for Proposals. - Motion to appoint members of review committee. d. Resolution Providing for the Competitive Negotiated Sale of $730,000 General Obligation Improvement Bonds, Series 2001A • Requested Council Action: - Motion to adopt resolution. e. Staff Report: Joint Resolution Requesting Concurrent Detachment from Robbinsdale and Annexation to Brooklyn Center of Certain Property North of TH 100; and Concurrent Detachment from Brooklyn Center and Annexation to Robbinsdale of Certain Property South of TH 100 Pursuant to Minn. Stat.§ 414.061 • Requested Council Action: -Report and discussion. f. Resolution Authorizing and Directing Fund Transfers to Support Facility Construction/Remodeling •Requested Council Action: - Motion to adopt resolution. 11. Adjournment s City Council Agenda Item No. 6a 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 8, 2001 CONFERENCE ROOM B 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, Bob Peppe, and Tim Ricker. Also Present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Fiscal and Support Services Director Doug Sell, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed City Council agenda items 8b, Continued Public Hearing Regarding Proposed Special Assessments for Delinquent Public Utility Service Accounts, 8c, An Ordinance Amending Chapters 4 and 16 of the Brooklyn Center Ordinances and Establishing a Street Light Service District, 9a, Resolution Adopting Goals for 2002, and Economic Development Authority (EDA) agenda item 4b, Resolution Approving Development Agreement with Jerry's Foods and Authorizing Acquisition and Condemnation of 5801 Xerxes Avenue North. Councilmember Nelson informed the Council that he would be abstaining from the motion on EDA agenda item 4b, Resolution Approving Development Agreement with Jerry's Foods and Authorizing Acquisition and Condemnation of 5801 Xerxes Avenue North, due to personal interest of the financial groups involved. MISCELLANEOUS Council discussed the Police Chief recruitment. City Manager Michael McCauley informed the Council that the closing for applications is October 22, 2001, and that there had only been one application received. Mayor Kragness informed the Council that she had received a telephone call regarding the selling of products at the corner of 63r Avenue North and Brooklyn Boulevard. Mr. McCauley discussed that the Council may wish to consider amending the ordinance regarding this type of selling. ADJOURNMENT The Council continued into the information open forum at 6:45 p.m. City Clerk Mayor 10/08/01 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 8, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council continued from the study session into informal open forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Fiscal and Support Services Director Doug Sell, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn informal open forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION Mayor Kragness 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 7:02 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Fiscal and Support Services Director Doug Sell, City Attorney ® Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 10/08/01 -1- DRAFT 5. COUNCIL REPORT Councilmember Nelson reported that he attended the Earle Brown Board of Directors meeting on September 25, 2001, and informed the Council that the Board of Directors will be discussing the celebration of the City's 91' Birthday in the near future. Councilmember Nelson discussed an issue regarding mailings that are received in the City of Brooklyn Center and suggested that staff research new software. Mayor Kragness informed the Council that the Historical Society would hold a meeting from 2:00 p.m. to 4:30 p.m. on October 21, 2001, at the Brooklyn Park Community Center. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the minutes from the September 24, 2001, study and regular sessions. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. MECHANICAL Advanced Energy Services, Inc. 3650 Annapolis Lane, Plymouth Ray Welter Heating Company 4637 Chicago Avenue South, Minneapolis Swenson Heating and A/C 6700 West Broadway, Brooklyn Park Taxon - Blackhawk, Inc. 1123 4"' Avenue, Rockford, IL RENTAL Renewal: 4450 58`' Avenue North Michael Lupient 6331, 6401, 6425 Beard Avenue North Phillip Clover 6101 Beard Avenue North Ken Phelan 5105 Brooklyn Boulevard George Lucht 6e. APPROVAL OF APPLICATION TO CONDUCT EXCLUDED BINGO AT ORCHARD LANE ELEMENTARY SCHOOL ON NOVEMBER 15, 2001 10/08/01 -2- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve application to conduct excluded bingo at Orchard Lane Elementary School on November 15, 2001. Motion passed unanimously. 6d. APPROVAL OF APPLICATION TO CONDUCT EXCLUDED RAFFLE AT ORCHARD LANE ELEMENTARY SCHOOL ON APRIL 5, 2002 A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve application to conduct excluded raffle at Orchard Lane Elementary School on April 5, 2002. Motion passed unanimously. 6e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2001-141 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 6f. RESOLUTION APPROVING FINAL PLAT, RONSAM ADDITION RESOLUTION NO. 2001-142 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, RONSAM ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7. APPEARANCE BY METROPOLITAN COUNCIL MEMBER TODD PAULSON Metropolitan Council Member Todd Paulson appeared before the Council to discuss and invite the Council to an information bus tour of regionally significant development projects in Brooklyn Center, Brooklyn Park, Crystal, New Hope, and Robbinsdale on October 12, 2001, departing from the Brookdale Bus Hub at 11:00 a.m. 10/08/01 -3- DRAFT Mr. Paulson presented to the Council a guidebook on Smart Growth titled Planning More Livable Communities with Transit- Oriented Development and a plaque of appreciation for Charter Partner in Livable Communities Program 1996 -2000. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NE QUADRANT OF 69 AND BROOKLYN BOULEVARD) City Manager Michael McCauley discussed that the plat had been filed and requested that the Public Hearing be continued. A motion by Councilmember Lasman, seconded by Councilmember Nelson to continue the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Ricker to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2001-16 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NE QUADRANT OF 69 AND BROOKLYN BOULEVARD) The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. 8b. CONTINUED PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS (This continuation is for the assessment of Lang - Nelson; 6100 Summit Drive, which was removed from the resolution that was adopted on September 10, 2001.) Mr. McCauley discussed that the Council tabled the assessment for 6100 Summit Drive (Earle Brown Terrace) from the September 10, 2001, Public Hearing and that the Council had requested that Frank Lang, Earle Brown Terrace representative, contact the City's Fiscal and Support Services Director Doug Sell to reach an agreement on this billing error. 10/08/01 -4- DRAFT Mr. Sell informed the Council that he had received an offer from Mr. Lang of paying $500 per quarter for 20 quarters for a total of $10,000 over five years and that he counter offered either certifying the $60,000 over three, four, or five years, or a cash payment of $45,000. As of October 1, 2001, no response had been received from Mr. Lang. A motion by Councilmember Nelson, seconded by Councilmember Lasman to continue the Public Hearing. Motion passed unanimously. Mr. Lang addressed the Council to discuss that he believes a payment of $10,000 is an adequate amount for this billing error and that he is financially struggling as it is without having to pay the $10,000. Mr. Lang stated that he did not want to pass any of this on to the residents of Earle Brown Terrace and discussed the upcoming property taxes. Mr. Lang questioned why the prior owner is not involved in this billing error and requested that they be considered to pay a portion of the billing error. Council and Mr. McCauley discussed with Mr. Lang taxes and property market values. Councilmembers Nelson and Peppe questioned Mr. Lang as to why he did not notice this type of billing was missing on the Earle Brown Terrace property since he had other properties in Brooklyn Center. Mr. Lang responded that the property at 6100 Summit Drive is a high -rise community and is calculated differently. Mayor Kragness informed Mr. Lang that the Council had discussed this issue at its Study Session and was not comfortable with the offer of $10,000. Councilmember Lasman questioned Mr. Lang what he thought would be a fair thing to do and if he believes $37,500 would be a fair amount. Mr. Lang responded that he has no cash reserve and that he would have to pay the amount over time and right now time is a big factor. He indicated that he did not want to negotiate the mathematics this fast and that he would need sometime to explore the offer. Mr. McCauley informed the Council that this item could be tabled to the October 22, 2001, meeting to allow further discussions of the amount to be paid and how long to be provided for payment. Councilmember Ricker questioned the amounts discussed and wanted to make sure that it was the understanding that there were no offers made tonight, just suggestions as how to handle this issue. Councilmember Peppe discussed that he believes Mr. Lang does not want to pass any costs to the residents of Earle Brown Terrace and wanted to make sure that the residents of Earle Brown Terrace realized that the Council feels the same and does not want any costs to be added to their rent. Jim Campbell, 6100 Summit Drive, addressed the Council to express his frustration with the billing error. Councilmember Peppe again discussed that it is not the intent to incur any costs to the residents. 10/08/01 -5- DRAFT Wally Kammeier, 6100 Summit Drive, addressed the Council to discuss that he realizes the issue before the Council and Mr. Lang and that he appreciates the offer being considered this evening. • motion by Councilmember Lasman to close the Public Hearing. Motion withdrawn. • motion by Councilmember Nelson, seconded by Councilmember Peppe to continue the Public Hearing to the October 22, 2001, meeting. Motion passed unanimously. 8c. AN ORDINANCE AMENDING CHAPTERS 4 AND 16 OF THE BROOKLYN CENTER ORDINANCES AND ESTABLISHING A STREET LIGHT SERVICE DISTRICT Mr. McCauley discussed that this ordinance amending Chapters 4 and 16 would establish a street lighting district and authorize the imposition of charges for the use and availability of the system. 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 Peppe, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2001 -17 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 4 AND 16 OF THE BROOKLYN CENTER ORDINANCES AND ESTABLISHING A STREET LIGHT SERVICE DISTRICT The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION ADOPTING GOALS FOR 2002 Mr. McCauley discussed that the Council at its August 11, 2001, workshop had prepared goals for 2002, not in any order of priority, with the exception this year Goal 1 which the Council saw as affecting all of the goals, and reviewed them before requesting adoption with the correction of the typo of productivity to proactivity in Goal 4. 10/08/01 -6- DRAFT Councilmember Nelson requested that the second bullet on Goal 10, completion of the proposed France Avenue routing, be removed since he believes it relates to the Highway 100 project, not the Joslyn site development. Councilmember Lasman indicated she did not agree with Councilmember Nelson. Councilmember Peppe suggested that the item read completion of the France Avenue reroute. Councilmember Ricker stated that he agrees with Councilmember Nelson that the item should be removed from Goal 10 and added to the Highway 100 project portion of the goals under Goal 8. Mayor Kragness asked for consensus of amending the 2002 Goals with removing the second bulletin in Goal 10, completion of the proposed France Avenue routing, and adding this item to Goal 8 under the Highway 100 project portion of the goal. RESOLUTION NO. 2001 -142 Councilmember Nelson introduced the following resolution and moved its adoption with the amendment of Goal 10 removing the second bullet, completion of the proposed France Avenue routing, to Goal 8 under the Highway 100 project portion of the goal: RESOLUTION ADOPTING GOALS FOR 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:52 p.m. Motion passed unanimously. City Clerk Mayor 10/08/01 -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 GENERAL WORK SESSION MEETING WITH FINANCIAL COMMISSION OCTOBER 15, 2001 CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center City Council met for a general work session with the Financial Commission at Brooklyn Center City Hall in Conference Room B and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Fiscal and Support Services Director Doug Sell, Public Works Director Diane Spector, and Deputy City Clerk Maria Rosenbaum. Financial Commission Members present were Financial Commission Chair Donn Escher, Financial Commissioners Jerry Blamey, Mark Nemec, Jay Hruska, Gavin Wilkinson, Lawrence Peterson, and Tim Elftmann. City Manager Michael McCauley updated the Council on incidents that had happened in the City over the weekend. REVIEW PROPOSED REQUEST FOR PROPOSALS FOR AUDIT SERVICES Mr. McCauley reviewed the draft Request for Proposals (RFP) and discussed that staff would propose sending the RFP to the six firms listed in the memorandum from Director of Fiscal and Support Services Doug Sell, in addition to advertising in the newspaper and the League of Minnesota Cities Bulletin. If the Financial Commission was in favor of the draft RFP it would be recommended to be placed on the City Council agenda for approval at the October 22, 2001, meeting. The timetable would allow staff to receive proposals by mid - November and be able to have a committee review the proposals and make a recommendation to the City Council in time for the December 10, 2001, meeting. is 10/15/01 -1- DRAFT i It was the consensus of the Council and the Financial Commission to proceed with the RFP and that the committee to review the proposals would be Mayor Kragness, Council Member Lasman, Council Member Nelson, Financial Commission Chair Donn Escher, Financial Commissioner Mark Nemec, and Financial Commissioner Jay Hruska. CAPITAL IMPROVEMENT PLAN Mr. McCauley discussed that the Capital Improvement Plan (CIP) is similar to last year's five -year project and that the addition of 2006 is at the planned Destination Park level. Revenues would be enhanced with an increase in the Golf Course loan repayment amount and an increase of $25,000 in the liquor store contribution, which would bring the liquor store contribution back to the $100,000 per year level. SPECIAL ASSESSMENT CONSTRUCITON FUND The special assessment construction fund has been adjusted to reflect changes made in the plans for the 2002 budget that increase costs to address more of the France /53` /Osseo road areas and start on Happy Hollow, along with other major adjustments being made in 2004 and 2005. Council and Financial Commissioners along with Mr. Sell and the Director of Public Works further discussed the changes proposed for 2004 and 2005 that increased $734,889 (64.69 percent) for the 2004 and 2005 projects due to the overhead costs and loss of economies of scale from the 2001 plan and 2001 -draft budget. Mr. McCauley indicated that the Council will need to have much more discussion next year regarding the 2004 and 2005 projects because a 65 percent increase in costs associated with splitting a standard project into two projects is not cost effective. Issues on staffing and sustainabilit Y p need to be addressed. Ms. Spector informed the Council and the Financial Commission that the City would be 35 percent complete with streets at the end of 2001. UTILITIES DISCUSSION Mr. McCauley discussed that no increase is recommended in the water rates and that the sanitary sewer and storm drainage have recommended rate increases for 2002. Utility rate increases for 2001 increased an average annual utility bill for single - family residential properties by 4.6 percent and 4.3 percent for senior homeowners, and the rate increases proposed for 2002 would increase the average annual utility bill for single - family properties by 3.5 percent and 4.8 percent for seniors. These increases are necessary to sustain capital planning. Chair Escher questioned the senior rates. Ms. Spector outlined the senior rates and discussed the difference between consumption and daily rate uses. Financial Commissioner Gavin Wilkinson questioned what it would take to become consumption use only. 10115101 -2- DRAFT I Ms. Spector responded that it would take a policy change. Councilmember Nelson believes that this issue needs to be looked at more with Brooklyn Center being an aging community. Mr. McCauley discussed in summary that a lot of work will need to be spent on the budget for 2002 with the changes proposed for 2004 and 2005 and questioned whether the Council and the Financial Commission believes this draft is reasonable to levy the maximum by the State to provide funds for the street program in 2002. Chair Escher asked the Financial Commission for a motion to recommend to the City Council that the draft plan and rates move forward for final planning. It was noted that Commissioner Gavin Wilkinson made a motion, seconded by Commissioner Larry Peterson to have the Financial Commission recommend to the City Council that the draft plan and rates move forward for final planning of the budget for 2002. It was the consensus of the Council to have staff move forward with the final planning of the budget for 2002. Mayor Kragness questioned the recycling rates. Mr. McCauley discussed that the recycling rate increase of one dollar per month is necessary to implement the new commingled recycling program. MISCELLANEOUS Mayor Kragness informed the Council that she had been contacted regarding youth being a part of commissions in the City of Brooklyn Center. Chair Escher stated that he would welcome youth on the Financial Commission. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the meeting at 7:25 p.m. City Clerk Mayor 10/15/01 -3- DRAFT City Council Agenda Item No. 6b i OX City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: October 17, 2001 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on October 22, 2001. MECHANICAL Ace Mechanical Services, Inc. 4820 Lexington Avenue NE, Ham Lake Wencl Services, Inc. 8148 Pillsbury Avenue S, Bloomington RENTAL Renewal: 5900 Camden Avenue North Patti Zoerb Initial: 2800 Mumford Road Eric Lind TAXICAB Chukwudi Okeke 5252 West W" Street, Bloomington 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 ) )1 FAX (763) 569 -3434 FAX (763) 569 -3494 City Council Agenda Item No. 6c ��ppKLYN CEpr BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police DATE: October 15, 2001 SUBJECT: Application (Excluded Bingo) - Willow Lane PTA On October 15, 2001, the Brooklyn Center Police Department received an Application for Authorization to Conduct Excluded Bingo from the Willow Lane PTA. This application is for an event to be held on November 16, 2001 at the Willow Lane Elementary School located at 7020 Perry Ave N within the city of Brooklyn Center, Minnesota. This application has been approved and returned to the Willow Lane PTA who will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. JD:kh V BROOKLYN CENTER POLICE DEPARTMENT MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer Chief of Police DATE: October 15, 2001 " SUBJECT: Application (Excluded Bingo) - Willow Lane PTA On October 15, 2001, the Brooklyn Center Police Department received an Application for Authorization to Conduct Excluded Bingo from the Willow Lane PTA. This application is for an ® event to be held on March 15, 2002 at the Willow Lane Elementary School located at 7020 Perry Ave N within the city of Brooklyn Center, Minnesota. This application has been approved and returned to the Willow Lane PTA who will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. JD:kh Minnesota Lawful Gambling Page 1 of 2 LG240B - Application to Conduct Excluded Bingo 8/00 If your organization has been licensed or exempted in the current calendar year, you are not eligible to apply for excluded bingo. Organization Information Organization Name (as it appears on documentation filed with Minnesota Secretary of State or Internal Revenue Service) Street - I b Z RQ r - A� e 'N - City County State Zip Code 2 Type of nonprofit organization (check one): Fraternal F1 Veteran E] Religious R Other nonprofitorganizatidtn ," SC- Type of proof of nonprofit - attach a copy (see instructions): Certificate of Good Standing - Minnesota Secretary of State's Office X 13 0 (P 6S-S ^ 00__.. 002 Internal Revenue Service C{ 1 1 I c a a 15 . is Affiliate of parent nonprofit organization (charter) �© Excluded Bingo Activity Information Has your organization held a bingo event in the current year? No___ Yes_ V_ If yes, Iist the dates that bingo was conducted 0.� kl`�_� � niy�i� ol-� ma-rC —�-, ) 22061 Check one: A The bingo event will be one of four or fewer bingo events held this year. Date(s) of bingo event FY ( N6t). 1 6 , Zo v7 0,-J cLA CaS n i J -. orN - OR - t t— I(a — ( 6,10L 3 ( s- F1 The bingo event will be conducted (up to 12 consecutive days) in connection with a: County Fair -- - - - - -- Date(s) of bingo event State Fair---- - - - - -- Date(s) of bingo event Civic Celebration - Date(s) of bingo event Name of person in charge of the bingo event�—��___�� Daytime Phone (' C ) 3 ( l I (I Premises Where Excluded Bingo Will Be Conducted Name of premises /- W'i ( 1 6%&; 1 � a ,-L Q. I�� e� �. SC h� �� 1 Street address City or townshi County Y OO��In C .,y� - �1 N, c. Be sure to complete page 2 LG240B - Application to Conduct Excluded Bingo Page 2 of 2 8/00 Organization Name___ Chief Executive Officer's Signature The information rovided in this application is complete and accurate to the best of m knowledge. P PP P Y 9 � �- � ( � 1 � Chief Executive Officer'ssignat4reCX�1 u Phonenumber( /lC ) s "�f��� Name (please print) 7Q n1 my l.. J I ' Date 0 , - -/ E /D-L Local Unit of Government Acknowledgment and Approval If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I hereby approve this application _�`� D „ for excluded bingo activity at the premises located Print e of city Jr- ` within the city's jurisdiction. !'� ✓L211� Signature of city personnel receiving application Title C 1 1_* f j er � Date f U / 1 5 1 6 1 If the gambling premises is located in a township, both the county and township must sign this application. ' For the township: On behalf of the township, I acknowledge that the organization is applying for ____ _— excluded bingo activity within the township limits. Print name of township A township has no statutory authority to approve or Signature of township official acknowledging application deny an application (Minn. Stat. sec. 349.213, subd. 2). Title___ Date _/ /� For the county: On behalf of the county, I hereby approve this application for excluded bingo activity at the premises located within the county's jurisdiction. Print name of county (Signature of county personnel receiving application) Title Date __L— — This form will be made available in alternative format (i.e. large print, you an authorization, all the information you have provided in the process Braille) upon request. The information requested on this form (and any of applying for an authorization remains private, with the exception of attachments) will be used by the Gambling Control Board (Board) to your name and your organization's name and address which will remain determine your qualifications to be involved in lawful gambling activities public. in Minnesota. You have the right to refuse to supply the information Private data about you are available only to the following: Board members, requested; however, if you refuse to supply this information, the Board staff of the Board whose work assignment requires that they have access may not be able to determine your qualifications and, as a consequence, may refuse to issue you an authorization. If you supply the information to the information; the Minnesota Department of Public Safety; the requested, the Board will be able to process your application. Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, Your name and your organization's name and address will be public national and international gambling regulatory agencies; anyone pursuant information when received by the Board. All the other information that to court order; other individuals and agencies that are specifically you provide will be private data about you until the Board issues your authorized by state or federal law to have access to the information; authorization. When the Board issues your authorization, all of the individuals and agencies for which law or legal order authorizes a new information that you have provided to the Board in the process of applying use or sharing of information after this Notice was given; and anyone with for your authorization will become public. If the Board does not issue your consent. Mail Application and Attachment(s) Send the completed application and a copy of your proof of nonprofit status at least 30 days prior to the activity date to: Gambling Control Board Suite 300 South 1711 W. County Rd. B Roseville, MN 55113 If your application is denied by the local unit of government, do not send the application to the Gambling Control Board. City Council Agenda Item No. 6d MEMORANDUM DATE: October 17, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Resolution Amending Special Assessment Levy Roll Nos. 15128 and 15129 to Provide for the Deferment of Special Assessments On September 10, 2001, the City Council by Resolution 2001 -126 approved Special Assessment Levy Nos. 15128 and 15129 for the Garden City North Neighborhood Street and Storm Drainage Improvements. The attached resolution amends the respective levy rolls to provide for the deferment of special assessments on one property where a qualifying person is eligible because they are at least 65 years of age or older and whose household meets certain financial characteristics. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 15128 AND 15129 TO PROVIDE FOR THE DEFERMENT 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. 15128 and 15129 for the following improvements: GARDEN CITY NORTH STREET IMPROVEMENTS IMPROVEMENT PROJECT NO. 2001 -01 GARDEN CITY NORTH STORM DRAINAGE IMPROVEMENTS IMPROVEMENT PROJECT NO. 2001 -02 WHEREAS, Special Assessment Levy Nos. 15128 and 15129 were approved by the City Council on September 10, 2001; and WHEREAS, the City Council has established a program to defer a portion of the special assessments of qualifying persons who are at least 65 years of age or older or who are retired due to permanent and total disability whose households meet certain financial characteristics. 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 defer a portion of their special assessment. Special Assessment Levy No. 15128 is hereby amended to reduce the previous amount of $2,290.00 from the following assessments to the new amount as noted: Pid# Amount 34- 119 -21 -24 -0002 $1,094.10 Special Assessment Levy No. 15129 is hereby amended to reduce the previous amount of $750.00 from the following assessments to the new amount as noted: Pid# Amount is 34- 119 -21 -24 -0002 $468.90 RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7 S f Office of the City Clerk City of Brooklyn Center A Millennium Community e MEMORANDUM TO: Michael I McCauley, City Manager FROM: Sharon Knutson, City Clerk jw*t WMV'V� DATE: October 18, 2001 SUBJECT: Random Acts of Kindness Since 1997, the City of Brooklyn Center has conducted the Random Acts of Kindness celebration during Cities Week, Sunday, October 7, through Saturday, October 13, 2001. This year the City received nine nominations, of which 35 people were included and one entire elementary school). A letter was sent to the nominees inviting them to participate in the Random Acts of Kindness recognition at the City Council meeting to be held October 22 A sample of the letter sent on behalf of the City Council is attached. Those persons attending the recognition will receive their certificates at the meeting. The certificates will be mailed to those nominees who are unable to attend the meeting. Attachments i 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 O:r City of .Brooklyn Center A Millennium Community Sample Letter To Notify Nominees p Y October 12, 2001 Nominee Dear Nominee: During the celebration of Cities Week held October 7 through 13, 2001, the City Council received nominations to recognize Brooklyn Center residents and groups who have performed random acts of kindness that help make our community a wonderful place to live and work. Congratulations! You have been nominated for a Random Acts of Kindness and will be recognized by the City Council during its Council meeting on October 22, 2001. The City Council meeting starts at 7 p.m. and is held at Brooklyn Center City Hall in the Council Chambers. Your presence would be greatly appreciated. The Random Acts of Kindness nominations are displayed in the lobby at City Hall until October 31 Attached is a copy of the nomination. If you have any , uestions lease contact City Clerk Sharon Knutson at 763 -569 -3306. q p Y Sincerely, Myrna Kragness, Mayor Kay Lasman, Council Member Ed Nelson, Council Member Bob Peppe, Council Member Tim Ricker, Council Member cc: Nominator 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 - (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brooklyn Center A Millennium Community Random Acts of Kindness • Walk a neighbor's dog • Give a compliment • Donate your time to perform lawn services for • Tutor a student the elderly or disabled • Be a Safety Patrol and help kids get to and from • Collect soda can tabs for recycling and give the school safely proceeds to the Ronald McDonald house • Pick up litter (Adopt -A -Street or Park) • Make a paper chain with an act of kindness • Collect mittens or socks and give to those in written on each link need • Smile at someone who is frowning • Care for the sick • Feed a stranger's expired parking meter • Volunteer in the community (schools, hospitals, • Donate to a food shelf or clothing shelter churches, etc.) • Draw a picture of someone performing a kind act • Be a good neighbor • Photograph someone being kind to another • Plant a tree • Thank your secretary, boss, teacher, or friend for • Call a lonely person the little things they do • Open a door • Read to a child • In the grocery store, let a stranger behind you • Give flowers, just because with only one item go first • Offer a ride • Bake a hot dish for someone who just returned from the hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Random Acts of .Kindness Nomination Form ' Uwe, '7118 Vi Cc 5 - /Vt 4 r, , would like to nominate the following person, �emorA group, classroom, business, church„ etc. for Random Acts ofKfndnes% to be �T celebrated during Cities Weep October 7 through 13, 2001. Name: Ile et n � - Ol u ;' �'e 13 r c n 'q Cl Kc� rea y Let. 5 + { vt z�'erKe_� a -4 Opp — ,l - 7c 0 0 P Y r it 2, N L,,i ,,,, (include Street, Ci Zip Co$e) ~ 4 � P 1� rva kr� C nfzY� /hh• 55Y��� c Brief summary of kind acts - 7 tro 15 +k -e r'r 1" �C ra M 6 3o AM �l4'�) SS�`Sf ��lC ,� rcak�Nt1 Leh 1tY �n((C_e (�t1 �a[_K�rr►c� Gu r c� I { ✓ r q J Ta /Kojc�, c n S A d z gin ilev yi'y.2 5 c a 5 I-Ae- SCliol �eaV Qq i S Use additional paper if needed. Return Nomination Form by October 12, 2001, to: City of Brooklyn Center, Random Acts of Kindness 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. 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 OX City of Brooklyn Center A Millennium Community Random Acts of Kindness • Walk a neighbor's dog • Give a compliment • Donate your time to perform lawn services for • Tutor a student the elderly or disabled • Be a Safety Patrol and help kids get to and from • Collect soda can tabs for recycling and give the school safely proceeds to the Ronald McDonald house • Pick up litter (Adopt -A- Street or Park) • Make a paper chain with an act of kindness • Collect mittens or socks and give to those in written on each link need • Smile at someone who is frowning • Care for the sick • Feed a stranger's expired parking meter • Volunteer in the community (schools, hospitals, • Donate to a food shelf or clothing shelter churches, etc.) • Draw a picture of someone performing a kind act • Be a good neighbor • Photograph someone being kind to another • Plant a tree • Thank your secretary, boss, teacher, or friend for • Call a lonely person the little things they do • Open a door • Read to a child • In the grocery store, let a stranger behind you • Give flowers, just because with only one item go first • Offer a ride • Bake a hot dish for someone who just returned from the hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Random Acts of Kindness Nomination Form \ would like to nominate the following ]� person, pe'rq�ns,4oup, classroom, business, church, etc. for Random Acts ofXndnes% to be - T celebrated during Cities Week October 7 through 13, 2001. ,J ,Q // J J Name: '�� 11 /J d 2 - �c�, l l d t�) e-- Address: _Id J v /Pe Y y I V . 1 4), (include Sheet; City, Zip Code) Brief summary of kind act / �- �' LJ / Cr Use a&tional paper if needed. Return Nomination Form by Octoter 12, 2001, to: City of Brooklyn enter, om Acts of Kndnea% 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn C enter, y C r, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 I • City of Brooklyn Center OX A Millennium Community Random Acts of Kindness • Walk a neighbor's dog • Give a compliment • Donate your time to perform lawn services for • Tutor a student the elderly or disabled • Be a Safety Patrol and help kids get to and from • Collect soda can tabs for recycling and give the school safely proceeds to the Ronald McDonald house • Pick up litter (Adopt -A -Street or Park) • Make a paper chain with an act of kindness • Collect mittens or socks and give to those in written on each link need • Smile at someone who is frowning • Care for the sick • Feed a stranger's expired parking meter • Volunteer in the community (schools, hospitals, • Donate to a food shelf or clothing shelter churches, etc.) • Draw a picture of someone performing a kind act • Be a good neighbor • Photograph someone being kind to another • Plant a tree • Thank your secretary, boss, teacher, or friend for • Call a lonely person the little things they do • Open a door • Read to a child • In the grocery store, let a stranger behind you • Give flowers, just because with only one item go fast • Offer a ride • Bake a hot dish for someone who just returned from the hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Random Acts of Kindness Nomination Form (I 'we, Q L ( 0.S /�"' 0, would like to nominate the following person, per, ons, group, classroom, business, church, etc. for Random Acts ofK dne= to be celebrated during Cities Week October 7 through 13, 2001. Name:2 ilJ , -1 vi% 6 lYl E�Cc'dl .'�tCK i.�lcX Rya0 Do- n1e�(� fJre��+"�J L-a rr &kov f l,J, I' Yld. I� Mer ry Address: n c± e2 r r a �� _ /U, Y v n , rn - t� + �1 �? . S�•l'`��' (include Street. City, Zip Code) Brief summary of kind actTL s e ud e ., i G /r, v, j P . , �•1 Cu/1 1 rn 1 o JoNa I P_ �c+r �C '�'� a� c� 1{iCTirnti '� �a.�, �r p S c i.'_,�� +•h� c � �' �e �e Y } ! P -� J f) Y r��,� G � v,) o r' ) 4 .f rl / n 'oy � C . G (e AM S i/ 4 Use` dditional pap r if needect ` Return Nomination Form by October 12, 2001, to: City of Brooklyn Center, Random Acts of Kindnesx 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number 1 Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 ' w o Lane vy I iEle a Dan Kledzinski: 0 I think the pennies should be spent for the temporary medical units support. • I would like to see the pennies spent to help with the rescue for survivors, the medical help, and the families that lost a loved one. • I would like to see the pennies spent for the people that were injured in all the crashs. Alex R.: 0 I want the money we collect to be separated between stuff like food, clothes, and things people need and more. I think that would be best. • 1 think the money could be used for catching the bad guys. • One of the things I do to help kids is help them cross the street because I am a patrol captain and I like it! 0 One other way I help is by donating some sort of food when there is a food drive. Javon L.: 0 The money could be given to kids who don'-t have schools. Unknown: • I hope they use it to rebuild the Twin Towers. • A good thing that money could be spent for is a memorial. It would be great to have a memorial so people never forget those lost and what happened that day. • I would like the money to be spent on disaster relief so then people could have a sense of normally. • A random act of kindness for all of Willow Lane students and families is our penny drive because on the very first day two jars were half full and we still have to the end of October. That says a lot! 0 A great thing for the money to be spent on is for children who now have no parents, or for supplies that they might need. That would be a very important cause. • Another awesome cause would be for the police and firemen who have worked non- stop since the tragedy occurred. It should be used for them or for some prestigious award that they deserve. • I would like all the money collected from the school to be spent on mostly the poor who have lost their homes and families in the terrible tragedy. • I think all the money should spent on food, clothes, water, shoes, other stuff, and go to the homeless and donate those things as much as I can. • I wish that it went to the injured people. • I wish the money went to charity. • If I had a billion pennies I would donate it all the States for food, fresh water, and clothing. • 1 hope it goes to the orphaned of the tragedy. • 1 would like to see the money spent on children who still need to learn things in school that have lost families and films. • I hope that it is sent to the families who had loved ones lost. City of Brooklyn Center A Millennium Community Random Acts of Kindness • Walk a neighbor's dog Give a compliment • Donate your time to perform lawn services for Tutor a student the elderly or disabled • Be a Safety Patrol and help kids get to and from • Collect soda can tabs for recycling and give the school safely proceeds to the Ronald McDonald house • Pick up litter (Adopt -A -Street or Park) • Make a paper chain with an act of kindness • Collect mittens or socks and give to those in written on each link need • Smile at someone who is frowning • Care for the sick • Feed a stranger's expired parking meter • Volunteer in the community (schools, hospitals, • Donate to a food shelf or clothing shelter churches, etc.) • Draw a picture of someonc perforuing a i u.0 - • Be a good neighbor • Photograph someone being kind to another • Plant a tree • Thank your secretary, boss, teacher, or friend for • Call a lonely person the little things they do • Open a door • Read to a child • In the grocery store, let a stranger behind you • Give flowers, just because with only one item go first • Offer a ride • Bake a hot dish for someone who just returned from the hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Random Acts of Kindness Nomination Form \\ ' S GC * �� � Lwe, 1'7;b �-1 �,� i � t` , � wo d like to nominate the following person, persons, oup, classroom„ business, church„ etc. for Random Acts ofKindne= to be celebrated during Cities Week October 7 through 13, 2001. Name: - 1 �r �� r� � n m - f'� Address: (include Street. City, Zip Code) L Brief su n_m ry of kind act �� �L- R • ,��� Use additional paper if needed. Return Nomination Form bg October 12, 2001, to: City of Brooklyn Center, Random Acts of Kindness 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. 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 District BROOKLYN JUNIOR HIGH SCHOOL 7377 Noble Avenue North �U Brooklyn Park, MN 55443 is OSSEO AREA SCHOOLS . Ms. Kelli Parpart, Principal Mr. John Groenke, Assistant Principal Telephone: (763) 569 -7700 September 19, 2001 City of Brooklyn Center Random Acts of Kindness 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Nominating Committee: The staff of Brooklyn Junior High is honored to nominate Kathy Kroening -Smith as a recipient of the Random Acts of Kindness award. Kathy has donated a tremendous amount of volunteer hours to the ELL program at Brooklyn Junior High. Kathy volunteers at least three days each week, 2 hours per day. This is approximately 165 hours per school year that Kathy willingly donates to the ELL students at BJH, assisting them with learning the English language. It is very beneficial for these students to have her extra help in the classroom. Kathy is extremely cheerful, warm and giving to the students and staff. Her positive attitude and giving demeanor is an invaluable contribution to the students at Brooklyn Junior High. Sincerely, Pam Cheney Kelli Parpart John Groenke Volunteer Coordinator Principal Assistant Principal INDEPENDENT SCHOOL DISTRICT 279 Dr. L. Chris Richardson, Superintendent of Schools City of Brooklyn Center A Millennium Community Random,4cts of Kindness A* • Walk a neighbor's dog * Give a compliment • Donate your time to perform lawn services for 0 Tutor a student the elderly or disabled • Be a Safety Patrol and help kids get to and from • Collect soda can tabs for recycling and give the school safely proceeds to the Ronald McDonald house 0 Pick up litter (Adopt -A- Street or Park) • Make a paper chain with an act of kindness 0 Collect mittens or socks and give to those in written on each link need • Smile at someone who is frowning 9 Care for the sick • Feed a stranger's expired parking meter • Volunteer in the community (schools, hospitals, • Donate to a food shelf or clothing shelter churches, etc.) • Draw a picture of someone performing a kind act * Be a good neighbor • Photograph someone being kind to another • Plant a tree • Thank your secretary, boss, teacher, or friend for 0 Call a lonely person the little things they do • Open a door 0 Read to a child • In the grocery store, let a stranger behind you • Give flowers, just because with only one item go first, • Offer a ride • Bake a hot dish for someone who just returned from the hospital Random Acts of Kindness Nomination Form \\ Vwe,__B r ( v1 -- p U-� C-, , would like to nominate the following person, persons, group, classroo� business, church, etc, for Random Acts &Y- ndners to be celebrated during Qd" Week October 7 through 13, 2001. Naive: Mr- — roe's % 1*4 ( rade. (, -IaU Ea✓Ie arolIVrt . +P✓vtP✓l r�� Address: - A)m ! ld4 Av /v �roakw„ f�e�.kr m N 5"sy3o (include Street, City, Zip Code) t Brief summary of kind act: I A,, cl ,,, i `lt -fir ke '0664 1 n +k c- r � f , L t , - r61 e& , e& rl -s4u &e w l f I 6. Co Son., r r G S a kh J#if5f rllyrr' y4f wr.e am�� Thi ; u+n cf-w Ln, o in rhQ.t� (rn f+�S. Use additional paper if needed.( o Return Nomination Form bg October 12, 2001, to: City of Brooklyn Center, Random Acts of Kindness 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. 6301 Shin le Creek Parkway y I Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Full & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 s Varle Brown Elementary 1i Isiah: I picked up litter at the park. Eric: I held a door open for someone at Cub Foods. Austin: I raked someone's yard. Michael: I held a door open for my little sister. Valerie: I saved someone from being hit by a car. Tori: I helped my friend rake the lawn Mckinzy: I opened the door for my grandma. Christina: I picked up litter that someone threw on the ground. Brady: I picked up lots of litter when I got home yesterday. Thanos: I held the door open for a teacher. Their hands were full. Thao: I held the refrigerator door for my brother last night at home. Darcy: I helped a lady with the groceries. Morgan: I helped my mom cook dinner. Cal: I helped by Aunt by carrying my cousins around the pool. Naomi: I read a book to my little cousins. City of Brooklyn Center OX A Millennium Community Random Acts of Kindness \ �� • Walk a neighbor's dog Give a compliment • Donate your time to perform lawn services for • Tutor a student the elderly or disabled • Be a Safety Patrol and help kids get to and from • Collect soda can tabs for recycling and give the school safely proceeds to the Ronald McDonald house • Pick up litter (Adopt -A- Street or Park) • Make a paper chain with an act of kindness • Collect mittens or socks and give to those in written on each link need • Smile at someone who is frowning • Care for the sick • Feed a stranger's expired parking meter • Volunteer in the community (schools, hospitals, • Donate to a food shelf or clothing shelter churches, etc.) • Draw a picture of someone performing a kind act • Be a good neighbor • Photograph someone being kind to another • Plant a tree • Thank your secretary, boss, teacher, or friend for • Call a lonely person the little things they do • Open a door • Read to a child • In the grocery store, let a stranger behind you • Give flowers, just because with only one item go fast • Offer a ride • Bake a hot dish for someone who just returned from the hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . andom Acts of Kindness Nomination Form ' would like to nominate the following person, persons, ou , classrliom, business, church, etc. for Random Acts ofJGndnes� to be celebrated during i es Week October 7 through 13, 2001. Name: ' Address: -� <3- (include Street, City, Zip Code) Brief summary of kind acts Lp -- additiona�jap if neekid. ti T J Return Nonu by October 12, L to: ity of Brooklyn Center, Random Acts of Mn essy 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. 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 Brook n Ce nter A Millennium Community , Random Acts of Kindness • Walk a neighbor's dog • Give a compliment • Donate your time to perform lawn services for • Tutor a student the elderly or disabled • Be a Safety Patrol and help kids get to and from • Collect soda can tabs for recycling and give the school safely proceeds to the Ronald McDonald house • Pick up litter (Adopt -A -Street or Park) • Make a paper chain with an act of kindness • Collect mittens or socks and give to those in written on each link need • Smile at someone who is frowning • Care for the sick • Feed a stranger's expired parking meter • Volunteer in the community (schools, hospitals, • Donate to a food shelf or clothing shelter churches, etc.) • Draw a picture of someone performing a kind act • Be a good neighbor • Photograph someone being kind to another • Plant a tree • Thank your secretary, boss, teacher, or friend for • Call a lonely person the little things they do • Open a door • Read to a child • In the grocery store, let a stranger behind you • Give flowers, just because with only one item go first • Offer a ride • Bake a hot dish for someone who just returned from the hospital . . . . . . . . . . . . . . . . . . . . . . . Random Acts of Kindness Nomination Form Uwe, would like to nominate the following ssr person, persons, group, claoL�A business, church„ etc, for Random Acts ofKindnec% to be celebrated during Cities Week October 7 through 13, 2001. Name: Address: (inclu Streets City, Zip Code),, Yra� im of Idnd act: Use additional papeAf needed. Return Nomination Form by October 12, 2001, to: City of Brooklyn Center, Random Acts of Kindness 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. 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 I em - 7-7 + 1 W MICHAEL JOHN MYSLICKI k -zl 6436 Major Ave. N. Brooklyn Center., MN 55429 A I I W 0 4 ok VL G 10 A 0 G RA& -ty : A 13 YEARS OLD J .s4 �J The kind act Michael does for me weekly is to check that my garbage is in the barrel. I can count on the doorbell ringing Wednesday evening to see whether I have everything out. If not, he takes the garbage to the barrel and then takes the barrel to the curb. He is appreciated!!! T -k r uj October 10, 2001 Brooklyn Center City Hall T' 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: Random Acts of Kindness We would like to nominate our children Kara Jean (9 years old), loleen (7 years old) and Christopher (5 years old) for their "Random Acts of Kindness ". Specifically, keeping the area around Earle Brown Elementary and our neighborhood clean and beautiful! When Kara Jean began kindergarten in 1998 she would walk home after school (we live one house away from school). On her own, she began picking up trash that was left in the playground of the school and anywhere else on her route home. When she arrived at the house, she would deposit the cans, wrappers and other trash in the garbage can. When Joleen began Kindergarten the next year, she also picked up on her way home. And now that Christopher is in school, he to is picking up trash on the way home. This is an act in which the kids expect no recognition or reward. Our hearts burst with pride over all of our children. The youngest three noted above, already are making the world a better place — beginning right here in Brooklyn Center. / St ' e_ve and Mary Ba e 6007 Fremont Avenue North Brooklyn Center, MN 55430 "Each day do an act of kindness. It's like lighting a candle in a dark world. " Corporal Timothy Bowe, Minnesota State Patrol Killed in the line of duty - June 7, 1997 City of Brooklyn Center A Millennium Community Random Acts of Kindness • Walk a neighbor's dog • Give a compliment • Donate your time to perform lawn services for • Tutor a student the elderly or disabled • Be a Safety Patrol and help kids get to and from • Collect soda can tabs for recycling and give the school safely proceeds to the Ronald McDonald house • Pick up litter (Adopt -A- Street or Park) • Make a paper chain with an act of kindness • Collect mittens or socks and give to those in written on each link need • Smile at someone who is frowning • Care for the sick • Feed a stranger's expired parking meter • Volunteer in the community (schools, hospitals, • Donate to a food shelf or clothing shelter churches, etc.) • Draw a picture of someone performing a kind act • Be a good neighbor • Photograph someone being kind to another • Plant a tree • Thank your secretary, boss, teacher, or friend for • Call a lonely person the little things they do • Open a door • Read to a child • In the grocery store, let a stranger behind you • Give flowers, just because with only one item go first • Offer a ride • Bake a hot dish for someone who just returned from the hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Random Acts of Kindness Nomination Form ° Vwe, % ' t p rs , would like to nominate the following f person, persons, group, classroom, business, church„ etc. for Random Acts ofKindne= to be celebrated during Cities Week October 7 through 13, 2001. Name: 5 d; n b ft K 5-►e rnen +a �j 5 ch w i 554 Address: g gas Zane Aveh tke NBr 4k - 61 W Kl y n tea rK rJ I mt (include Street, City, Zip Code) Brief summary of kind act: I saw the advertisement for Random Acts of Kindness. I am in the 6 grade at Edinbrook Elementary School in Brooklyn Park. Families and children of Edinbrook Elementary School donated $5,893.17 to the American Red Cross to help the families of the victims of the September 11''tragedy. QSP, the company that sponsors the school's Reader's Digest magazine sale, is going to match the donation! I thought my school should be recognized for this positive act of kindness. us= auc" dumu FilFur 11 lamm"GGi. Return Nomination Form by October 12, 2001, to: City of Brooklyn Center, Random Acts of Kindness 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. 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 L City Council Agenda Item No. 8 . There are no materials for this item. City Council Agenda Item No. 9a MEMORANDUM DATE: October 17, 2001 TO: Michael J. McCauley, City Manager � FROM: Diane Spector, Director of Public Works'" p, SUBJECT: Resolution Certifying Special Assessment For A Certain Delinquent Public Utility Service Account To The Hennepin County Tax Rolls At the September 10, 2001 public hearing regarding certification of delinquent public utility bills, Frank Lang, Earle Brown Terrace representative, addressed the Council to ask that the City Council dismiss the assessment of approximately $60,000 for the Earle Brown Terrace property. The Council continued the public hearing on that assessment until October 8, 2001. At that continued hearing, the owners indicated they were willing to pay some portion of the assessment over a longer period of time. Doug Sell, Director of Fiscal and Support Services has discussed the issue with the owners and has tentatively reached an agreement to assess $36,000 over 15 years with no interest. i The attached levy roll is submitted for Council consideration and approval. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR A CERTAIN DELINQUENT PUBLIC UTILITY SERVICE ACCOUNT TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the records of the Public Utilities Department list certain accounts delinquent as of July 1, 2001; and WHEREAS, the owners of record of the properties served by each delinquent account have been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statutes, Section 444.075 and City Ordinances, Sections 4 -105 and 16 -204 authorize certification of such delinquent accounts to the County tax rolls for collection; and WHEREAS, an assessment roll, a copy of which is attached hereto and part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a delinquent public utility account is to be assessed with the amount, including interest and service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent public utility accounts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment roll of delinquent public utility accounts is hereby adopted and certified as an addition to Levy No. 15286. 2. The assessment as adopted and confirmed shall be payable with ad valorem taxes starting in 2002, in fifteen annual installments with interest thereon at zero (0) percent per annum. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment to the City Treasurer; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid. Such payment must be made is before November 15. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN I PER SPECIAL ASSESSMENT CERTIFICATION ROLL 10/22/01 DELINQUENT PUBLIC UTILITY SERVICE ACCOUNT MUNICIPPL CODE NO. 22 Levv runs fifteen (15) vears PROPERTY ASSESSED OWNER LEVY PROPERTY ADDN. Address Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address 15286 35. 119 -21.44 -0012 03299 $36,000.00 6100 SUMMIT DR LANG - NELSON 4601 650 EXCELSIOR BLVD GOLDEN VALLEY MN 55416 �I $36,000.00 SETTLEMENT AGREEMENT AND WAIVER THIS AGREEMENT made this day of , 2001 by and between Earle Brown La el and Suite 650 Minneapolis N Limited Partnership, 4601 Excelsior Boulevard, p MN 55416, (hereinafter "Owner ") and the City of Brooklyn Center, a Minnesota municipal corporation (hereinafter "City "); WITNESSETH: 1. RECITALS 1.1 Earle Brown LaNel Limited Partnership is the owner of real property located at 6100 Summit Drive in the City of Brooklyn Center, Minnesota, Hennepin County Property Identification No. 35 -1 19- 21.44 -0012 ( hereinafter the "Subject Property"). 1.2 The City owns and operates a municipal water and sewer system serving the Subject Property. 1.3 Beginning with approximately March of 1996, the City inadvertently omitted the sewer service charge from its utility bills submitted to the owners of the Subject Property. 1.4 Owner acquired the Subject Property on approximately January of 1998. 1.5 The total amount of sewer charges, exclusive of penalties, omitted from utility bills from 1996 to the May 9, 2001 bill is Ninety Three Thousand One Hundred Ninety Three and 36/100 Dollars ($93,193.36), of which Sixty Thousand Five Hundred Fifteen and 50/100 Dollars ($60,515.50) of charges applied to the period of ownership by Owner. • 1.6 Beginning with the billing period February 7, 2001 to May 7, 2001, Owner has paid current sewer charges when due but has not paid sewer charges for the prior periods. 1.7 Sewer charges for the period from March of 1996 to May 7, 2001 are unpaid and delinquent. 1.8 The City has proposed to certify unpaid and delinquent sewer charges as a lien against the Subject Property, certified to the County for collection with real property taxes pursuant to Minnesota Statutes, Section 444.075, Subd. 3. 1.9 Owner has opposed the levy of such delinquent charges. NOW, THEREFORE, on the basis of the Recitals herein and the mutual covenants and agreements set forth herein, the parties agree as follows: II. CITY 2.1 The City will reduce the amount of delinquent charges for which Owner will be charged and will be imposed as a lien on the Subject Properly for collection as a special assessment together with other real estate taxes for sewer charges prior to May 7, 2001 to the total amount of Thirty -Six Thousand Dollars ($36,000), and releases the Owner and property from any and all claims for delinquent charges described in 1.5, 1.6 and 1.7 herein. 2.2 Assessments for such delinquent sewer charges will be levied in the total amount of Thirty Six Thousand Dollars ($36,000) to be paid over fifteen years in equal installment without interest. Such special assessments will be levied and certified during 2001 for collection beginning in 2002. III. OWNER 3.1 Owner will pay all installments of special assessments levied in accordance with the Agreement when due. 3.2 Owner waives all rights to appeal or challenge the certification and levy of special assessments in accordance with the terms of this Agreement. 3.3 This Agreement shall bind Owner, its successors and assigns and shall run with the land of the Subject Property. EARLE BROWN LANEL LIMITED PARTNERSHIP $y f Thomas Inc, Genexal Partner g t �— Its Preside t ' STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this � ay of October, 2001, by the President of Anthony Thomas, Inc., General Partner of Earle Brown LaNel Limited Partnership, a Minnesota Limited Partnership. r Notary Public 4 MELISSA M. CHRISTIAN NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY MY COMM. EXP. 01/3112005 CITY OF BROOKLYN CENTER BY Its Manager BY Its Mayor STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2001 by Michael McCauley and Myrna Kragness, the Manager and Mayor of the City of Brooklyn Center, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public City Council Agenda Item No. 9b MEMORANDUM DATE: October 17, 2001 TO: Michael J. McCauley, City M�ajnaagger FROM: Todd Howard, City Engineer / " SUBJECT: An Ordinance Vacating Certain Utility Easements in BROOKLYN 55 ADDITION On July 9, 2001, the City Council approved the final plat for BROOKLYN 55 ADDITION. The final plat subdivided the parcel located at 5445 Xerxes Avenue North containing the old Toys R Us building into three contiguous lots. As part of the platting process, the Developer, Brooklyn 55, LLC dedicated an additional utility easement over existing public utilities. The platting resulted in an overlap of utility easements. It is proposed to eliminate this overlap at this time rather than further encumber the property with duplicate easements. This item is presented this evening for second reading and public hearing. w� , Ism X .%rAx it I • \ s � 1 \ • r 1 M \ �a ' 1 . 1 \ 1 1 O \ ' M ; ty I �� • � i 4 �r i i o / n / Z 1 1 , � 1 \ , , g M , ' M ; ty I �� • � i 4 �r i i o / n / Z CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 21st day of October, 2001, 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 utility easements in Brooklyn 55 Addition. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING CERTAIN UTILITY EASEMENTS IN BROOKLYN 55 ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Utility easements described as: The north 30 feet of the south 150 feet of that part of Lot 57, AUDITORS SUBDIVISION NO. 216, lying east of the west 150 feet thereof, and also shown on the original plat of TOYS R US are hereby vacated. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2001. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 10a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS WHEREAS, the City Council adopted a City Council Handbook on January 23, 1995, which establishes the Order of Business for City Council meetings; and WHEREAS, the City Council has amended its Order of Business by adoption of Resolution Nos. 96 -162, 97 -12, 97 -176, and 98 -28; and WHEREAS, the City Council wishes to begin City Council meetings with the Pledge of Allegiance; and WHEREAS, the City Council has determined that it wishes to modify its Order of Business as set forth in the City Council Handbook and add the Pledge of Allegiance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Council Handbook be and hereby is amended to read as follows relating to the Order of Business: 1. Informal Open Forum with City Council — 6:45 p.m. 2. Invocation * - 7 p.m. 3. Call to Order Regular Business Meeting 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. Presentations 8. Approval of Agenda and Consent Agenda 9. Public Hearing 10. Planning Commission Items 11. Council Consideration Items 12. Adjournment *All members of the City Council shall share equally in the responsibility for determining who shall be permitted to deliver said invocations, and said invocations shall not exceed two minutes in length, nor shall said invocations deliver any political message, but instead will stringently adhere to the concept of what an invocation, by definition is, which is, a petition for guidance, and lastly that any reference to a deity in any invocation shall use the inclusive term "God" which is the broad -based spiritual term used in our nation's Pledge of Allegiance, ". . . one nation under God," and is also the term used on our currency and coins, "IN GOD WE TRUST." RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. lOb GARSON, GLELLAND 8e SCHREDER ATTOSNEYS AT LAW PROFESSIONAL LIMITED LIABILITY PARTNERSHIP JEFFREY A. CARSON 6300 SHINGLE CREEK PARKWAY. SUITE 305 TELEPHONE WILLIAM G. CLELLAND (763) 561 -2800 ELLEN M. SCHREDER MINNEAPOLIS, MINNESOTA 55430 -2190 FAX DAVID K. ROSS (763) 561 -1943 ANNA KRAUSE CRABS 4 October 2001 Mr. Michael J. McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Re: State of Minnesota, City of Brooklyn Center, vs. David W. Berg Court File No. 98011648 Dear Mike: . I enclose a Resolution and Order for you to present to the Council for the abatement of this hazard. We have proceeded against David Berg previously, and we were successful in cleaning up his property and recovering all costs including attorney's fees, but subsequently the house was severely damaged by fire. I assume that Berg received insurance proceeds and would have been able to have either rebuilt the structure or had it replaced, but he has done nothing with it, and therefore, we have been asked to invoke the Hazardous Building Act and related laws to permit the City to raze and remove this home and clean up the fire debris if Berg does not. Please return a copy of the Resolution and the original Order you sign pursuant thereto after the Council has completed its action, and we will serve it on Berg and move forward with this proceeding as quickly as possible. Sincerely, CARSON, CLELLAND & SCHREDER Willia . e and WGC:gn Enclosures Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 6842 WEST RIVER ROAD, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 2, "AUDITOR'S SUBDIVISION NUMBER 310, HENNEPIN COUNTY, MINNESOTA" EXCEPT THAT PART DESCRIBED AS: THE SOUTH 200 FEET OF LOT 2 "AUDITOR'S SUBDIVISION NUMBER 310, HENNEPIN COUNTY, MINNESOTA ", LYING EASTERLY OF THE 50 FEET ROAD RUNNING THROUGH SAID LOT 2, THE CENTER LINE OF SAID ROAD BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 362 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 2 AS MEASURED ALONG SAID SOUTH LINE; THENCE NORTHERLY TO A POINT ON THE NORTH LINE OF SAID LOT 2, SAID POINT BEING A DISTANCE OF 387 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 2, AS MEASURED ALONG SAID NORTH LINE, IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA WHEREAS, Minnesota Statutes § 463.15 et seq defines a hazardous building or hazardous property as any building or property which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment constitutes a fire hazard or hazard to the public safety or health; and WHEREAS, Brooklyn Center City Ordinances Chapter 19 -103 specifically defines as nuisances and prohibits the same, the presence on any real property of any accumulation of rubbish, garbage, junk, disused furniture, appliances, equipment, junk motor vehicles, building materials, scrap lumber and construction debris, and the like; and WHEREAS, the correction of hazardous conditions and the abatement of public nuisances is necessary to protect the health, safety and welfare of the public by elimination of dangerous conditions, attractive nuisances and for the elimination of harborage for vermin, rats and other animals who may pose a danger to the public safety and health and to provide for the proper storage of refuse and garbage, debris and junk thereby providing for more sanitary and safe conditions and to further protect the integrity and desirability of • neighborhoods by prohibiting the storage of junk and other refuse in residential areas; and -1- Resolution No. WHEREAS, § 12 -1101 and 12 -1102 ofthe Ordinances ofthe City of Brooklyn Center provides that any building or portion thereof which is damaged, dilapidated or unsafe may be declared may be declared unfit for human habitation and upon such declaration, the owner thereof shall make the property safe and secure so that it is not hazardous to the health, welfare and/or safety of the public and does not constitute a public hazard; and WHEREAS, said single family dwelling was substantially destroyed by a fire which took place in the fall of the year 2000 and inspectors have inspected the property several times including the last inspection on 29 May 2001, and have found that the structure is unsafe due to severe fire damage including damage to the frame and roof, which roof is open to the elements and have further found that the home is a nuisance in that it is open and unsecured such that persons may enter at will; and WHEREAS, City Inspectors have found that the premises of said property is littered with numerous portions of the building damaged by the fire and/or now removed by the owner and stored on the premises including scrap lumber, wood, burned and/or damaged furniture, plastic, tarpaulins, bricks, glass, and other refuse; and WHEREAS, City Inspectors believe that the structure and the premises constitute a public hazard in that the structure is not secure, is not structurally sound and the grounds constitute a public hazard by reason of said debris; and WHEREAS, City Inspectors have issued compliance orders to the registered owners of the property, David W. Berg and Gwendyne C. Berg, husband and wife, to abate the public nuisance and hazardous conditions in all respects; and WHEREAS, David W. Berg and Gwendyne C. Berg, husband and wife, have failed or refused to comply with said Compliance Orders; and WHEREAS, said property is encumbered by a mortgage dated 28 December 1987 in favor of First Northtown National Bank; and WHEREAS, the City Council of the City of Brooklyn Center adopts the findings of the Housing and Building Inspectors as to the hazardous conditions on said property and the dilapidation of the single family home thereon and to the debris and other hazards existing on said premise. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: -2- Resolution No. 1. The City Council finds that the single family dwelling at 6842 West River Road, Brooklyn Center, Minnesota 55430 is a hazardous building because of substantial damage by fire, rendering the building structurally unsound and open to the elements and open to the public and that further, the yard of the premises is littered with debris from the fire and partial demolition of the building. 2. The City Council finds that the condition of the premises at 6842 West River Road, Brooklyn Center, Minnesota 55430 constitutes a hazardous property and a public nuisance within the meaning of Minnesota Statutes § 463 and Brooklyn Center Ordinances Chapters 19 and 12 and that the dwelling was substantially damaged by fire, is now structurally unsound, is unsecured and open to the public and the yard is littered with debris from the fire and from partial demolition including wood, boards, glass, damaged furniture, plastic and other refuse. 3. The abatement of the public nuisances and hazardous conditions at said premises is hereby ordered by the City Council of the City of Brooklyn Center . as follows: Razing and removal of the damaged home and all damaged structures thereon, complete removal of all construction debris, refuse, scrap wood, glass, damaged furniture and the like, removal of the foundation and filling of the excavation degrade clean fill. The City Manager is hereby authorized to cause and carry out the abatement described herein and to perform all other tasks and functions reasonably incident thereto and to keep an accurate record of the cost of all actions and proceedings herein, including administrative time, attorney's fees, costs and disbursements, and all other costs of the enforcement of this Order, and to send a statement of such costs to the landowners and occupants who are directed herewith to pay the same. Date: Mayor ® ATTEST: City Clerk -3- 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 duly passed and adopted. -4- ORDER FOR THE CORRECTION OF HAZARDOUS CONDITIONS AND THE ABATEMENT OF PUBLIC NUISANCES EXISTING AT 6842 WEST RIVER ROAD, BROOKLYN CENTER, MINNESOTA 55430 The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. herewith orders David W. Berg and Gwendyne C. Berg, husband and wife, to correct those hazardous conditions and to abate those public nuisances existing at 6842 West River Road, Brooklyn Center, Minnesota 54430, which has been declared to be a hazardous property and a public nuisance within the meaning of Minn. Stat. Chapter 463.15 et seq and constituting public nuisances and other violations under Chapters 12 and 19 of the Ordinances of the City of Brooklyn Center, and to correct and resolve said hazardous conditions and to abate all public nuisances and to correct and resolve all Ordinance violations within thirty (30) days from the date of service of this Order and Resolution upon you. If there is no compliance with this Order, a Motion for summary enforcement of this Order shall be made to the Hennepin County District Court unless an Answer is filed herein within twenty (20) days of the date of service of this Order upon said parties pursuant to Minnesota Statute §463.18. If no compliance with this Order shall have taken place or no Answer contesting this action filed herein or if such Answer is filed and the Court orders the enforcement of this Order then the City of Brooklyn Center shall cause the hazardous conditions to be corrected and all public nuisances abated and all Ordinance violations corrected and all costs ofthe correction ofhazardous conditions, the abatement of nuisances and other actions required by this Order, including filing fees, publication fees, attorney's fees, witnesses fees, administrative time and the like shall be a lien against the real property on which said conditions and violations were located, said lien to be levied and collected 1 only as a special assessment in the manner provided by Minnesota Statutes Chapter 429 and the provision of Minnesota Statute §463.161. CITY OF BROOKLYN CENTER Dated: Michael McCauley, City Manager 2 City Council Agenda Item No. lOc s Memorandum Date: October 17, 2001 To: Michael J McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: RFP for Audit Services At the joint City Council/Financial Commission meeting on October 15, 2001, the Financial Commission recommended approval of the RFP for Audit Services to the City Council. Audit Services are one of several financial service agreements that the City enters into on a periodic basis. Under the current policy, audit services are to be bid each six years and, 2001 is the year we should solicit bids for this service. Our schedule includes approval of the RFP, advertise for proposals, receipt of proposals and committee review and contract award. Action Item Date (s RFP Approval October 22, 2001 Advertise for Proposals October 23 -30, 2001 Last day to receive responses November 15, 2001 Committee review November 19 -26, 2001 Contract award December 10, 2001 We have recommended that six firms be provided copies of the RFP following approval as this list represents firms that perform more than 125 municipal audits on an annual basis. Other firms will probably request and submit responses. Request Council consider approving the RFP for Audit Services and direct that the RFP be advertised and proposals received until November 15, 2001. CITY OF BROOKLYN CENTER REQUEST FOR PROPOSALS PROFESSIONAL AUDIT SERVICES DATED OCTOBER 22, 2001 CITY OF BROOKLYN CENTER REQUEST FOR PROPOSAL PROFESSIONAL AUDIT SERVICES TABLE OF CONTENTS Section I. Introduction Page 1 II. Nature of Services Required Pages 1 to 4 III. Description of Organization Pages 4 to 7 IV. Time Requirements Pages 7 to 8 V. Assistance to Auditor and Report Pages 8 to 9 Preparation VI. Proposal Requirements Pages 9 to 14 VII. Evaluation Procedures Pages 14 to 15 Appendices Appendix A Proposal Warranties Page 16 Appendix B Proposal Fee and Expense Forms Pages 17 to 19 INTRODUCTION A. General Information The City of Brooklyn Center is requesting proposals from qualified firms of certified public accountants to audit its financial statements for the three (3) fiscal years ending December 31, 2001, 2002 and 2003 with the option of auditing its financial statements for each of the three (3) subsequent fiscal years. These audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accounting Office's (GAO) Government Auditing Standards (1994), the provisions of the federal Single Audit Act of 1996 and US Office of Management and Budget (OMB) Circular A -133. There is no expressed or implied obligation for the City of Brooklyn Center to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. Inquiries about the engagement or the request for proposal should be addressed to Douglas Sell, Director of Fiscal and Support Services. To be considered, six copies of a proposal must be received by Douglas Sell at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 by 4:00 PM on Thursday, November 15, 2001. The City of Brooklyn Center reserves the right, where it may serve the City of Brooklyn Center's best interest, to request additional information or clarifications from proposer's, or to allow corrections of errors or omissions. At the discretion of the City of Brooklyn Center, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. The City of Brooklyn Center reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Brooklyn Center and the firm selected. B. Term of Engagement A three -year contract is contemplated, subject to the annual review and the satisfactory negotiation of terms (including a price acceptable to both the City of Brooklyn Center and the selected firm), the concurrence of the City Council and the annual availability of an appropriation. II. NATURE OF SERVICES REQUIRED A. General The City of Brooklyn Center is soliciting the services of qualified firms of certified public accountants to audit its financial statements for the three (3) fiscal years ending 2001, 2002 and 2003, with the option to audit the City of Brooklyn Center's financial statements for each of the three (3) subsequent fiscal years. These audits are to be performed in accordance with the provisions contained in this request for proposal. B. Scope of Work to be Performed The City of Brooklyn Center desires the auditor to express an opinion on the fair presentation of its general - purpose financial statements in conformity with generally accepted accounting principles. The City of Brooklyn Center also desires the auditor to express an opinion on the fair presentation of its combining and individual fund and account group financial statements and schedules in conformity with generally accepted accounting principles. The auditor is not required to audit the supporting schedules contained in the comprehensive annual financial report. However, the auditor is to provide an "in- relation -to" opinion on the supporting schedules based on the auditing procedures applied during the audit of the general purpose financial statements and the combining and individual fund financial statement and schedules. The auditor is not required to audit the statistical section of the report or express an opinion as to the fair representation of the data. The auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board (GASB) as mandated by generally accepted auditing standards. The auditor is not required to audit the schedule of expenditures of federal awards, if applicable. However, the auditor is to provide an "in- relation -to" report on that schedule based on the auditing procedures applied during the audit of the financial statements. C. Auditing Standards to be Followed To meet the requirements of this request for proposal, the audit shall be performed in accordance with generally accepting auditing standards as set forth by the American Institute of Certified Public Accountants, the standards for financial audits set forth in the US General Accounting Office's Government Auditing Standards (1994), the provisions of the Single Audit Act of 1996 and the provisions of US Office of Management and Budget (OMB) Circular A -133. D. Reports to be Issued Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue the following reports. 1. A report on the fair presentation of the financial statements in conformity with generally accepted accounting principles. 2 2. A report on compliance and on internal control over financial reporting based on an audit of financial statements performed in accordance with Government Auditing Standards. 3. An "in- relation -to" report on the schedule of expenditures of federal awards if applicable. 4. A report on compliance with requirements applicable to each major program and internal control over compliance in accordance with OMB Circular A -133. In the required report(s) on internal controls, the auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure which could adversely affect the organization's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report. Non - reportable conditions discovered by the auditors shall be reported in a separate letter to management, which shall be referred to in the report(s) on internal controls. The reports on compliance shall include all instances of noncompliance. Auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the City Manager, Michael J McCauley. Reporting to the City Council. Auditors shall assure themselves that the City Council of the City of Brooklyn Center's City is informed of each of the following: 1. The auditor's responsibility under generally accepted auditing standards. 2. Significant accounting policies. 3. Management judgments and accounting estimates. 4. Significant audit adjustments. 5. Other information in documents containing audited financial statements. 6. Disagreements with management. 7. Management consultation with other accountants. 8. Major issues discussed with management prior to retention. 9. Difficulties encountered in performing the audit. E. Special Conditions 3 1. The City of Brooklyn Center will send its comprehensive annual financial report to the Government Finance Officers Association of the United States and Canada for review in their Certificate of Achievement for Excellence in Financial Reporting program. It is anticipated that the auditor will not be required to provide special assistance to the City of Brooklyn Center to meet the requirements of that program. However, the city will accept suggestions and assistance in this regard. 2. The schedule of expenditures of federal awards, if applicable, and related auditor's report, as well as the reports on the internal controls and compliance, are not to be included in the comprehensive annual financial report, but are to be issued separately. 3. There were no findings or other weaknesses from the City of Brooklyn Center's most recent financial statement audit. 4. The City currently anticipates it will prepare one or more official statements in connection with the sale of debt securities which will contain the general purpose financial statements and the auditor's report thereon. The auditor shall be required, if requested by the fiscal advisor and/or the underwriter to issue a "consent and citation of expertise" as the auditor and any necessary "comfort letters" as maybe required or requested. E. Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the Auditor's expense, for a minimum of three (3) years following the issuance of an opinion, unless the firm is notified in writing by the City of Brooklyn Center of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties or their designees: City of Brooklyn Center Federal Cognizant Agency US General Accounting Office (GAO) Parties designated by the federal or state governments or by the City of Brooklyn Center as part of an audit quality review process. Auditors of entities of which the City of Brooklyn Center is a sub - recipient of grant funds. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. III. DESCRIPTION OF THE GOVERNMENT 4 A. Principal Contact The Auditor's principal contact with the City of Brooklyn Center will be Douglas Sell, Director of Fiscal and Support Services, who will coordinate the assistance to be provided by the City of Brooklyn Center to the auditor. B. Background Information The City of Brooklyn Center is a northern suburban community located in Hennepin County, in the twin city /metropolitan area and encompasses approximately 8.5 square miles. The 2000 census population of the City is 29,854. Moody's Investors Service has assigned an Al rating for city debt instruments. Brooklyn Center is a municipal corporation under Minnesota Statutes "Plan B" form of government. The City's governing body consists of a Mayor and four Council members, all elected at large. Council members serve overlapping terms of office. The present Mayor and Council members and there respective terms are: Myrna Kragness Mayor December 31, 2002 Ed Nelson Council member December 31, 2002 Tim Ricker Council member December 31, 2002 Kay Lasman Council member December 31, 2004 Robert Peppe Council member December 31, 2004 The City Manager is responsible for the daily management of city business and the administration of policy as directed by the Council. Mr. Michael J McCauley is the City Manager and has served in this capacity since 1995. Mr. Douglas Sell has been with the City as the Fiscal and Support Services Director since 2001. He was previously the City Administrator for the City of Jordan. Mr. Robert Sundberg, the Assistant Finance Director, has been with the City since 1996 having previously served as the City's Accountant. C. Budgetary Basis of Accounting The City of Brooklyn Center prepares its budgets on a basis consistent with generally accepted accounting principles. D. Pension Plans The City of Brooklyn Center participates in the following pension plans: PERA — A defined benefit program with employer and employee contributions. Fire Relief Association — A defined benefit program with employer contributions. E. Component Units 5 The City of Brooklyn Center is defined, for financial reporting purposes, in conformity with the Governmental Accounting Standards Board's Codification of Governmental Accounting and Financial Reporting Standards, Section 2100. Using these criteria, two component units are included in the City of Brooklyn Center financial statements. The management of the City of Brooklyn Center identified the following component units for inclusion in the City of Brooklyn Center's financial statements: 1. Housing and Redevelopment Authority of Brooklyn Center, Minnesota (HRA) 2. Economic Development Authority of Brooklyn Center, Minnesota (EDA) The Brooklyn Center Fire Relief Association is a nonprofit organization that provides pensions and other benefits to its members in accordance with Minnesota Statutes. Its board of directors is elected by the membership. Because the association is able to fund its programs independently of the City it is excluded from the reporting entity. F. Personnel Assigned The Finance Department is headed by Douglas Sell, Director of Fiscal and Support Services and consists of nine employees. The principal functions performed and the number of employees assigned to each are as follows: Function Number of Emnlovees Assistant Finance Director 1 Assessor 1 Accountant 1 Payroll/HR/IT Assistant 1 Appraiser Technician 1 Accounting Technician 11 2 Assessing Secretary 1 Finance Technician 1 Fiber optic connects most city facilities to the network, which is located at city hall. Brooklyn Center is a member of LOGIS that is a technology consortium of 26 cities that share hardware and software operations and equipment. Brooklyn Center has been a LOGIS member since 1977. All major computer applications are provided through LOGIS. Function General Ledger Budget 6 Payroll Utility Billing Permits Special Assessments Fire Police GIS Parks and Recreation H. Internal Audit Function The City of Brooklyn Center does not maintain an internal audit function other than internal checks performed by the Finance Department. I. Availability of Prior Audit Reports and Working Papers Interested proposer's who wish to review prior years' audit reports and management letters should contact Robert Sundberg, Assistant Finance Director, at 6301 Shingle Creek Pkwy, Brooklyn Center Minnesota 55430, telephone 763- 569 -3353. The City of Brooklyn Center will make its best efforts to make prior audit reports and supporting working papers available to proposer's to aid their response to this request for proposal. IV. TIME REQUIREMENTS A. Proposal Calendar The following is a list of key dates up to and including the date proposals are due to be submitted: November 5, 2001: Last date for submission of questions. November 15, 2001: Proposals to be submitted. B. Schedule for the 2000'Fiscal Year Audit 1. Detailed Audit Plan The auditor shall provide City of Brooklyn Center both a detailed audit plan and a list of all schedules to be prepared by the City of Brooklyn Center. 2. Fieldwork The auditor shall complete all fieldwork by May 1. A schedule for interim work, fieldwork and draft reports will be determined upon completion of the auditor selection process. A similar time schedule will be developed for audits of future fiscal years. C. Entrance Conference and Exit Conferences A similar time schedule will be developed for audits of future fiscal years. 7 At a minimum the following conferences should be held by the dates indicated on the schedule. These dates may be changed by mutual agreement between the City of Brooklyn Center and the selected auditor. 1. Entrance conference with City Manager and Director of Fiscal and Support Services. Week of December 17. 2001 The purpose of this meeting will be to discuss any potential audit problems and the interim work to be performed. This meeting will also be used to establish overall liaison for the audit and to make arrangements for work space and other needs of the auditor. 2. Entrance conference with Director of Fiscal and Support Services to commence year -end audit work. Week of March 31, 2002 3. Exit conference with City Manager and Director of Fiscal and Support Services Week of Mav 20.2002 The purpose of this meeting will be to summarize the results of the field work and to review significant findings. D. Date Final Report is Due The Finance Department shall prepare draft financial statements, notes and all required supplementary schedules and statistical data by May 1, 2002. The auditor shall provide all recommendations, revisions and suggestions for improvement to the Fiscal and Support Services Director by May 20, 2002. A revised report, including draft auditor's report(s), shall be delivered to the Director of Fiscal and Support Services by June 1 St of each year. The final report should be delivered to the Director of Fiscal and Support Services at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finance Division and Clerical Assistance The finance division staff and responsible management personnel will be available during the audit to assist the firm by providing information, documentation and explanations. The preparation of confirmations will be the responsibility of the City of Brooklyn Center using the format provided by the auditor. 40 8 B. Work area, Telephones, Photocopying and FAX machines The City of Brooklyn Center will provide the auditor with reasonable workspace, table and chairs. The auditor will also be provided with access to a telephone, photocopying facilities and a FAX machine. C. Report Preparation COMPREHENSIVE ANNUAL FINANCIA REPORT Report preparation, editing and printing shall be the responsibility of the City of Brooklyn Center. ALL OTHER REPORTS Report preparation, editing and printing shall be the responsibility of the auditor. VI. PROPOSAL REQUIREMENTS 1. Inquiries concerning the request for proposal and the subject of the request for proposal must be made in writing to: Douglas Sell Director of Fiscal and Support Services 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 All inquiries must be received no later than November 5, 2001. 2. The following material is required to be received by 4:00 p.m. on November 15, 2001 for a proposing firm to be considered: a. A master copy (so marked) of a Technical Proposal and five copies to include the following: i. Title Page Title page showing the request for proposal subject; the firm's name; the name, address and telephone number of the contact person; and the date of the proposal. ii. Table of Contents iii. Transmittal Letter A signed letter of transmittal briefly stating the proposers' understanding of the work to be done, the commitment to perform the work within the time period, a statement why the firm believes itself to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for the three year period. . iv. Detailed Proposal 9 The detailed proposal should follow the order set forth in Section VI - B of this request for proposal. v. Executed copies of Proposer Warranties, attached to this Request for Proposal (Appendix A). b. Proposers should send the completed proposal consisting of a separate envelope to the following address: Douglas Sell Director of Fiscal and Support Services City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 B. Technical Proposal 1. General Requirements The purpose of the Technical Proposal is to demonstrate the qualifications, competence and capacity of the firms seeking to undertake an independent audit of the City of Brooklyn Center in conformity with the requirements of this request for proposal. As such, the substance of proposals will carry more weight than their form or manner of presentation. The Technical Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the request for proposal requirements. The Technical Proposal should address all the points outlined in the request for proposal (excluding any cost information which should only be included in the sealed dollar cost bid). The proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the request for proposal. While additional data may be presented, the following subject, Item Nos. two through ten must be included. They represent the criteria against which the proposal will be evaluated. 2.lndependence The firm should provide an affirmative statement that it is independent of the City of Brooklyn Center as defined by generally accepted auditing standards the US General Accounting Office's Government Auditing Standards (1994). The firm also should provide an affirmative statement that it is independent of all of the component units of the City of Brooklyn Center as defined by those same standards. 10 The firm should also list and describe the firm's professional relationships involving the City of Brooklyn Center or its component unit for the past five years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the proposed audit. In addition, the firm shall give the City of Brooklyn Center written notice of any professional relationships entered into during the period of this agreement. 3. License to Practice in Minnesota An affirmative statement should be included that the firm and all assigned key professional staff are properly licensed to practice in Minnesota. 4. Firm Qualifications and Experience The proposer should state the size of the firm, the size of the firm's governmental audit staff, the location of the office from which the work on this engagement is to be performed and the number and nature of the professional staff to be employed in this engagement on a full -time basis and the number and nature of the staff to be so employed on a part-time basis. The firm shall also provide information on the results of any federal or state desk review of field reviews of its audits during the past three (3) years, In addition, the firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations. 5. Partner, Supervisory and Staff Qualifications and Experience Identify the principal supervisory and management staff, including engagement partner, managers, other supervisors and specialists, who would be assigned to the engagement. Indicate whether each such person is licensed to practice as a certified public accountant in Minnesota. Provide information on the government auditing experience of each person. Provide as much information as possible regarding the number, qualifications and experience of the specific staff to be assigned to this engagement. Indicate how the quality of the staff, over the term of the engagement, will be assured. The proposer should identify the extent to which staff to be assigned to the audit reflect the City of Brooklyn Center's commitment to Affirmative Action. 11 Engagement partners, managers, other supervisory staff and specialists may be changed if those personnel leave the firm, are promoted or are assigned to another office. Consultants and firm specialists mentioned in response to this request for proposal can only be changed with the express prior written pemlission of the City of Brooklyn Center, which retains the right to approve or reject replacements. Other audit personnel may be changed at the discretion of the proposer provided that replacements have substantially the same or better qualifications or experience. 6. Prior Engagements with the City of Brooklyn Center List separately all engagements within the last five years, ranked on the basis of total staff hours, for the City of Brooklyn Center by type of engagement (i.e., audit, management advisory services, other). Indicate the scope of work, date, engagement partners, total hours, the location of the firm's office from which the engagement was performed and the name and telephone number of the principal client contact. 7. Similar Engagements with Other Government Entities For the firm's office that will be assigned responsibility for the audit, list the most significant engagements (maximum -five) performed in the last five years that are similar to the engagement described in this request for proposal. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours and the name and telephone number of the principal client contact. For city engagements, indicate whether or not the Comprehensive Annual Financial Report received the GFOA Certificate of Achievement for the most recent audit 8. Specific Audit Approach The proposal should set forth a work plan, including an explanation of the audit methodology to be followed to perform the services required in Section II of this request for proposal. In developing the work plan, reference should be made to such sources of information as the City of Brooklyn Center's budget and related materials, organizational charts, manuals and programs, and financial and other management information systems. Proposers will be required to provide the following information on their audit approach: a) Proposed segmentation of the engagement b) Level of staff and number of hours to be assigned to each proposed segment of the engagement 12 c) Sample size and the extent to which statistical sampling is to be used in the engagement d) Extent of use of EDP software in the engagement e) Type and extent of analytical procedures to be used in the engagement f) Approach to be taken to gain and document an understanding of the City of Brooklyn Center's internal control structure g) Approach to be taken in determining laws and regulations that will be subject to audit test work h) Approach to be taken in drawing audit samples for purposes of tests of compliance 9. Identification of Anticipated Potential Audit Problems The proposal should identify and describe any anticipated potential audit problems, the firm's approach to resolving these problems and any special assistance that will be requested from the City of Brooklyn Center. 10. Report Format The proposal should include sample formats for required reports. 11.Appendix A Proposer shall complete and provide an original copy of Appendix A certifying and providing for specific warranties and assurances with regard to the proposed engagement. C. Sealed Dollar Cost Bid 1. Total All - Inclusive Maximum Price The sealed dollar cost bid should contain all pricing information relative to performing the audit engagement as described in this request for proposal. The total all- inclusive maximum price to be bid is to contain all direct and indirect costs including all out -of- pocket expenses. The City of Brooklyn Center will not be responsible for expenses incurred in preparing and submitting the technical proposal or the sealed dollar cost bid. Such costs should not be included in the proposal. The first page of the sealed dollar cost bid should include the following information: a. Name of Firm b. Certification that the person signing the proposal is entitled to represent the empowered to submit the bid, and authorized to sign a contract with the City of Brooklyn Center. c. A total all- inclusive Maximum Price for the three (3) year engagement 13 2. Rates by Partner, Specialist, Supervisory and Staff Level Times Hours Anticipated for Each The second page of the sealed dollar cost bid should include a schedule of professional fees and expenses, presented in the format provided in the attachment Appendix B, that supports the total all- inclusive maximum price. The cost of special services should be disclosed as separate components of the total all- inclusive maximum price. 3. Out -of- pocket Expenses Included in the Total All- inclusive Maximum Price and Reimbursement Rates All expense reimbursements will be included in the total all - inclusive maximum price submitted by the firm. 4. Rates for Additional Professional Services If it should become necessary for City of Brooklyn Center to request the auditor to render any additional services to either supplement the services requested in this RFP or to perform additional work as a result of the specific recommendations included in any report issued on this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between City of Brooklyn Center and the firm. Any such additional work agreed to between City of Brooklyn Center and the firm shall be performed at the same rates set forth in the schedule of fees and expenses included in the sealed dollar cost bid. 5. Manner of Payment Progress payments will be made on the basis of hours of work completed during the course of the engagement and out -of- pocket expenses incurred in accordance with the firm's dollar cost bid proposal. Interim billing shall cover a period of not less than a calendar month. VII. EVALUATION PROCEDURES A. Review of Proposal The City of Brooklyn Center reserves the right to retain all proposals submitted and use any idea in a proposal regardless of whether that proposal is selected. B. Evaluation Criteria Proposals will be evaluated using three sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated for both technical qualifications and price. The selection process will include, but not be limited to, the following criteria: 1. Mandatory Elements a. The audit firm is independent and licensed to practice in Minnesota. b. The firm has no conflict of interest with regard to any other work performed by the firm for the City of Brooklyn Center. 14 c. The firm adheres to the instructions in this request for proposal on preparing and submitting the proposal. d. The firm submits a copy of its last external quality control review report and the firm has a record of quality audit work. 2. Technical Quality a. Expertise and Experience (1) The firm's past experience and performance on comparable government engagements. (2) The quality of the firm's professional personnel to be assigned to the engagement and the quality of the firm's management support personnel to be available for technical consultation (3) The firm's expertise with the GFOA Certificate of Achievement in Financial Reporting. b. Audit Approach (1) Adequacy of proposed staffing plan for various segments of the engagement (2) Adequacy of sampling techniques (3) Adequacy of analytical procedures 3. Price Cost will be a factor in the selection of an audit firm. However, price will not be the dominating factor in the selection process. C. Oral Presentation During the evaluation process, the City may, at its discretion, request anyone or all firms to make oral presentations. Such presentation will provide firms with an opportunity to answer any questions the Financial Commission or their designee may have on a firm's proposal. Not all firms may be asked to make such oral presentations. D. Right to Reject Proposals Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Brooklyn Center and the firm selected. The City of Brooklyn Center reserves the right without prejudice to reject any or all proposals. 15 APPENDIX A CITY OF BROOKLYN CENTER PROPOSER WARRANTIES A. Proposer warrants that it is willing and able to comply with State of Minnesota laws with respect to foreign (non -state of Minnesota) corporations. B. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts or omissions of any officers, employees or agents thereof. C. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Brooklyn Center. D. Proposer warrants that all information provided in connection with this proposal is true and accurate. E. The proposer certifies that it can and will provide and make available at a minimum, all services set forth in Section II, Nature of Services Required. Signature of Official: Name (typed): Title: Firm: Date: 16 APPENDIX B CITY OF BROOKLYN CENTER SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2001 FINANCIAL STATEMENTS NOTE: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all- inclusive maximum price. Standard Quoted Hourly Hourly Hours Rates Rates Total Partners Managers Supervisory Staff $ $ $ Other (Specify) $ $ $ Subtotal $ $ $ _ Out -of- Pocket Expenses $ Meals and Lodging $ Transportation $ Other (Specify) $ Total All - inclusive Price for 2001 Audit Services $ 17 APPENDIX B CITY OF BROOKLYN CENTER SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2002 FINANCIAL STATEMENTS NOTE: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all- inclusive maximum price. Standard Quoted Hourly Hourly Hours Rates Rates Total Partners Managers Supervisory Staff $ $ $ Other (Specify) $ $ $ Subtotal $ $ $ Out -of- Pocket Expenses $ 4 Meals and Lodging $ Transportation $ Other (Specify) $ Total All - inclusive Price for 2001 Audit Services $ 18 APPENDIX B CITY OF BROOKLYN CENTER SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2003 FINANCIAL STATEMENTS NOTE: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all- inclusive maximum price. Standard Quoted Hourly Hourly Hours Rates Rates Total Partners Managers Supervisory Staff $ $ $ Other (Specify) $ $ $ Subtotal $ $ $ _ Out -of- Pocket Expenses $ Meals and Lodging $ Transportation $ Other (Specify) $ Total All - inclusive Price for 2001 Audit Services $ 19 s City Council Agenda Item No. lOd ! Memorandum Date: October 17, 2001 To: Michael J McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: 2001 G.O. Improvement Bonds Improvement projects for 2001 have included a number of street and public utility improvements as part of the "Neighborhood Projects" program. Of the total project costs as identified by Public Works, $1,057,014 was specially assessed to be collected with property taxes over the next ten years. We have estimated, based on historical data, that 30% to 35% of the amounts specially assessed will be collected in pre - payments. The remainder, $700,000 will be collected over the life of the special assessment on the life of the bonds. We have attached a report from the City's fiscal advisor, Springsted, Inc. that summarizes and analyzes the proposed bond issue. The bond issue provides for $730,000 consisting of $700,000 applied to specially assessed project costs and $30,000 applied to cost of issuance and underwriter discounts. Repayment of the debt is scheduled for ten years with the initial principal and interest scheduled for 2003. This permits the collection of special assessments levied in 2001 but collected in 2002 to be applied to the principal and interest requirements of 2003. It is estimated, based on the market today, that the net interest cost should be in a range of 3.65% to 3.95 %. (The 2000 G.O. Improvement Bonds carry a net interest cost of 4.91%.) We are requesting Council adopt the resolution providing for the competitive negotiated sale of $730,000 in G.O. Improvement Bonds for 2001. A copy of the proposed resolution is attached. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $730,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001A A. WHEREAS, the City Council of the City of Brooklyn Center, Minnesota, has heretofore determined that it is necessary and expedient to issue its $730,000 General Obligation Improvement Bonds, Series 2001A (the 'Bonds ") to finance various improvement projects in the City; 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: Authorization; Findings. The City Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. (1) Meeting; Bid Opening. 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. (2) Terms of Proposal. 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. (3) 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 following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER I, the undersigned, being the duly qualified and acting Clerk 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 $730,000 General Obligation Improvement Bonds, Series 2001A. WITNESS my hand this day of , 2001. Clerk 2 RESOLUTION NO. 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 $730,000 CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, November 26, 2001, 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. a 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 December 1, 2001 as the date of original issue, arid will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2002. 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: 2003 $85,000 2009 $70,000 2004 $80,000 2010 $65,000 2005 $80,000 2011 $65,000 2006 $75,000 2012 $65,000 2007 $75,000 2008 $70,000 -i- RESOLUITON NO. 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. 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 $721,605 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 $7,300, 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. -2- RESOLUTION NO. 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. Rates shall be in integral multiples of 5 1100 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. 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. -3- RESOLUTION NO. 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 Ms. Mary Dyrseth, 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. Except as compliance with the terms of payment for the Bonds shall have 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. -4- RESOLUTION NO. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 30 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. -5- 0 Recommendations For City of Brooklyn Center, Minnesota $730,000 General Obligation Improvement Bonds, Series 2001A 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 Public Finance Advisors Study No.: B0201Q2 , SPRINGSTED Incorporated October 16, 2001 RECOMMENDATIONS R • Recommendations f the Issuance of 73 000 General Obligation Improvement Re: or c $ 0 rovement , g p Bonds, Series 2001A We recommend the following for the Bonds: 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offering. 2. Sale Date and Time Monday, November 26, 2001, at 11:00 noon, 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. 4. Principal Amount of Offering $ 730,000. 5. Repayment Term The first interest payment on the Bonds is due August 1, 2002. Principal on the Bonds will be due annually February 1, 2003 through 2012. 6. Sources of Payment The Bonds are expected to be repaid solely from special assessments against benefited property. Special assessments will be filed on or about November 30, 2001 for first collection in 2002. First half - collections will be used to make the August 1 interest payments with second half - collections and excess first -half collections making the February 1 principal and interest payments. 7. Prepayment Provisions The City may elect on February 1, 2010 and on any day thereafter, to prepay the Bonds due on or after February 1, 2011 at a price of par plus accrued interest. 8. Credit Rating Comments An application will be made to Moody's Investors Service for a rating on the Bonds. The City's general obligation debt is currently rated "Al" by Moody's. 9. 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 City of Brooklyn Center, Minnesota October 16, 2001 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. (b) Rebate Requirements All tax - exempt issues are subject to the federal arbitrage and rebate requirements. However, since the City expects to issue less than $5 million in tax - exempt financings in 2001, the City will be exempt from rebating excess earnings. (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for the Bonds 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 carry over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 the debt service of that year. (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 5.406 years. Therefore, the 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 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. 10. Continuing Disclosure The Bonds are subject to the continuing disclosure requirements. The SEC rules require the City to undertake an annual update of its Official Statement information 41 and report any material events to the national repositories. However, since this issue is below $1 million the City is allowed to exempt this issue from disclosure requirements. Page 2 City of Brooklyn Center, Minnesota October 16, 2001 Although this issue qualifies for an exemption, we recommend the City elect full disclosure. By doing so, more underwriter's are qualified to submit bids to purchase the Bonds. Springsted currently provides services to the City. continuing disclosure . 9 Y We have provided City staff with a contract amendment to include this issue. 11. Attachments Sources and Uses Schedule • Projected Assessment Income Schedule(s) • Debt Service ScheduleTerms of Proposal DISCUSSION The proceeds of the Bonds will be used to finance improvement projects in various areas of the City, including the Gordon City Street and storm sewer improvements. The Sources and Uses Schedule is shown on page 5. Included in the principal amount of the issue are the costs of issuance and the allowance for discount bidding. The City is planning to finance only the assessable portion of the projects in the amount of $1,057,014.31. The City has analyzed previous improvement issues and realizes there is a strong potential that many of the properties being assessed for these projects will repay their respective assessments up front in full to avoid interest costs. The City believes that approximately 35% of the assessments will be prepaid by the end of November 2001. Thus, the City has directed that the Bonds be issued in an amount sufficient to fund $700,000 of the project costs, or an amount approximately equal to the remaining assessments the City expects to be repaid over the term of the Bonds. The projection of assessment income is shown on page 6 of these recommendations. The City expects to file special assessments, totaling $700,000 of principal, on or before November 30, 2001 for first collection in 2002. 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 7 %, which rate has been established by the City. 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 projection of assessment income from page 6. Column 8 shows the surplus of funds available each year, based on the projected assessment income. The August 1 interest payments are expected to be repaid from first -half assessment collections. Second -half collections plus surplus first -half collections are expected to pay the February 1 principal and interest payments. Although the Bonds are general obligation of the City, the City does not expect to levy taxes for repayment of the bonds. Page 3 City of Brooklyn Center, Minnesota 0 October 16, 2001 The tragedy that occurred on Tuesday, September 11, 2001, and the subsequent military action commenced by the United States and its allies on October 7, 2001 in response thereto, may cause repercussions in the bond market. Market adjustments have already made themselves apparent and we have incorporated our measurement of those impacts in these recommendations. At this time we cannot predict what further effects, if any, there might be. We will closely monitor the situation and advise you of any changes that may effect the sale of your Bonds We appreciate the opportunity to again be of service to the City of Brooklyn Center. Respectfully submitted, e PRl7GSTeD Incor P o Ilr Provided to Staff: a) Continuing Disclosure Contract Amendments Page 4 $730,000 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 2001A SOURCES & USES Dated 12101/2001 Delivered 12/01 /2001 SOURCES OF FUNDS Par Amount of Bonds ............................................. ............................... $730,000.00 TOTAL SOURCES ................................................. ............................... $730,000.00 USES OF FUNDS Deposit to Project Construction Fund ..................... ............................... 700,000.00 Costs of Issuance .................................................. ............................... 20,350.00 Total Underwriter's Discount (1150%) .................. ............................... 8,395.00 RoundingAmount .................................................. ............................... 1,255.00 TOTAL USES ......................................................... ............................... $730,000.00 Springsted Incorporated File = BROOKLYN CENTER. SF -Series 2001A- SINGLE PURPOSE Advisors to the Public Sector 10/ 912001 2:42 PM I I Page 5 I e $700,000 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 2001A Projected Assessment Income ASSESSMENT INCOME Date Principal Coupon Interest Total P +I 12/31/2001 - _ - - 12/31/2002 70,000.00 7.000% 53,083.33 123,083.33 12/31/2003 70,000.00 7.000% 44,100.00 114,100.00 12/31/2004 70,000.00 7.000% 39,200.00 109,200.00 12/31/2005 70,000.00 7.000% 34,300.00 104,300.00 12/31/2006 70,000.00 7.000% 29,400.00 99,400.00 12/31/2007 70,000.00 7.000% 24,500.00 94,500.00 12/31/2008 70,000.00 7.000% 19,600.00 89,600.00 12/31/2009 70,000.00 7.000% 14,700.00 84,700.00 12/31/2010 70,000.00 7.000% 9,800.00 79,800.00 12/31/2011 70,000.00 7.000% 4,900.00 74,900.00 Total 700,000.00 - 273,583.33 973,583.33 SIGNIFICANT DATES FilingDate .................................................................................................... ............................... 12/01/2001 FirstPayment Date ...................................................................................... ............................... 12/31/2002 Springsted Incorporated File = BROOKLYN CENTER.SF- Series 2001A Assessments- SINGLE PURPOSE Advisors to the Public Sector 10/1112001 4.19 PM Page 6 $730,000 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 2001A DEBT SERVICE SCHEDULE Projected Assessment Date Principal Coupon Interest Total P +I 105% of Total Income Surplus (1) (2) (3) (4) (5) (6) (7) (8) 2/01/2002 - - - - - - - 2/01/2003 85,000.00 2.500% 28,513.33 113,513.33 119,189.00 123,083.33 3,894.33 2/01/2004 80,000.00 2.650% 22,315.00 102,315.00 107,430.75 114,100.00 6,669.25 2/01/2005 80,000.00 2.850% 20,195.00 100,195.00 105,204.75 109,200.00 3,995.25 2/01/2006 75,000.00 3.100% 17,915.00 92,915.00 97,560.75 104,300.00 6,739.25 2/01/2007 75,000.00 3.350% 15,590.00 90,590.00 95,119.50 99,400.00 4,280.50 2/01/2008 70,000.00 3.600% 13,077.50 83,077.50 87,231.38 94,500.00 7,268.63 2/01/2009 70,000.00 3.800% 10,557.50 80,557.50 84,585.38 89,600.00 5,014.63 2/01/2010 65,000.00 3.950% 7,897.50 72,897.50 76,542.38 84,700.00 8,157.63 2/01/2011 65,000.00 4.050% 5,330.00 70,330.00 73,846.50 79,800.00 5,953.50 2/0112012 65,000.00 4.150% 2,697.50 67,697.50 71,082.38 74,900.00 3,817.63 Total 730,000.00 - 144,088.33 874,088.33 917,792.75 973,583.33 55,790.58 Dated............................................................... ............................... 12/01 /2001 Delivery Date ................................................... ............................... 12/01/2001 First Coupon Date ............................................ ............................... 8/01/2002 YIELD STATISTICS Bond Year Dollars ............................................ ............................... $3,946.67 AverageLife ..................................................... ............................... 5.406 Years Average Coupon .............................................. ............................... 3.6508867% Net Interest Cost ( NIC) .................................... ............................... 3.8635979% True Interest Cost ( TIC) ................................... ............................... 3.8710858% Bond Yield for Arbitrage Purposes ................... ............................... 3.6283378% All Inclusive Cost ( AIC) .................................... ............................... 4.4768483% IRS FORM 8038 Net Interest Cost .............................................. ............................... 3.6508867% Weighted Average Maturity .............................. ............................... 5.406 Years Springsted Incorporated File = BROOKLYN CENTER. SF- Series 2001A- SINGLE PURPOSE Advisors to the Public Sector 10/912001 2.42 PM 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 $730,000 CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, November 26, 2001, 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 December 1, 2001 as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2002. 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: 2003 $85,000 2006 $75,000 2009 $70,000 2012 $65,000 2004 $80,000 2007 $75,000 2010 $65,000 2005 $80,000 2008 $70,000 2011 $65,000 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. 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 Page 8 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 $721,605 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 $7,300, 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. Rates shall be in integral multiples of 5/100 or 118 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. bond insurer to issue the policy Failure of the municipal p Y 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. Page 9 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 Ms. Mary Dyrseth, 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. Except as compliance with the terms of payment for the Bonds shall have 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 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 30 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. ® Dated October 22, 2001 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Page 10 City Council Agenda Item No. 10e e City of Brooklyn Center A Millennium Community To: Mayor Kragness and C uncil Members Lasman, Nelson, Peppe, and Ricker From: Michael J. McCauley City Manager Date: October 18, 2001 Re: Annexation/Detachment with Robbinsdale This item is on the agenda for general discussion. As indicated in Ms. Spector's memorandum, Robbinsdale is not prepared to go forward with the exchange. Mayor Kragness has advised that Robbinsdale may have some alternate thoughts. We would like to get a sense from the Council on how to proceed. In any event, we must keep the highway 100 project on course and not retain the land on which Robbinsdale's access bridge is constructed. 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 MEMORANDUM DATE: October 17, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Staff Report RE: Proposed Joint Resolution With Robbinsdale Requesting Concurrent Annexations and Detachments The council has previously seen the proposed resolution that would request the State Planning Agency to accomplish the detachments and annexations discussed as part of the TH 100 Segment 4 design. This proposal would "swap" land north of TH 100 currently in Robbinsdale for land south of TH 100 currently in Brooklyn Center. One Robbinsdale Council member is concerned that this swap is not "a fair trade," and is reluctant to approve the resolution. As a result, Robbinsdale has tabled consideration of the joint resolution. The Brooklyn Center Council can pursue a number of options: 1. Do not jointly annex /detach land, and instead consider retaining the land but executing a maintenance agreement making the City of Robbinsdale responsible for the Frontage Road. 2. Jointly annex /detach only the land on the south side of TH 100. 3. Continue to pursue the joint annexation/detachment for both areas of land. Staff strongly recommends against option 1. First, the Frontage Road bridge is going to be a very expensive bridge to maintain, and an even more expensive bridge to repair or replace. The best way to protect the current and future taxpayers of Brooklyn Center from any potential liability, real or perceived, for maintenance, repair, replacement, or lack thereof, is to remove the City from any association with the bridge. Second, infrastructure owned by one jurisdiction within the corporate limits of another is often awkward and confusing to the public, who simply wants action, not a referral to another jurisdiction. Finally, even if the City of Robbinsdale indemnifies the city of Brooklyn Center for any liability regarding the bridge, Brooklyn Center will still likely be named as a party to any litigation regarding the Frontage Road, and at minimum will incur expenses related to getting the City dismissed from any actions. For example, several years ago the City paid $60,000 in damages as well as attorney expenses related to the placement of a Metro Transit bus stop sign. The plaintiff successfully argued that even though the city did not select the location of the sign and merely installed it where Metro Transit directed it to be installed, it had an obligation to question the placement of the sign, which the is plaintiff successfully argued was in an unsafe location. Detaching the land to Robbinsdale eliminates Brooklyn Center from the equation. Option 2 is a reasonable compromise, however, it does raise an important issue. I am working with Hennepin Parks and Mn/DOT to construct a bicycle trail from TH 100 through Twin Lake Park, and through the Southwest Area project area to Brookdale. Hennepin Parks is willing to consider funding part of this construction as a part of its First Tier Trails program. If the land swap does not occur, Brooklyn Center would not be able to build the segment of trail from TH 100 to the south edge of Twin Lake Park, because it will still be in Robbinsdale. Thus, unless Robbinsdale is willing o a for its share of about 350 feet of trail that trail segment will be g pay � � incomplete. Option 3 is still staff's recommended course of action. It is useful to point out that the area north of TH 100 that is of concern to the Robbinsdale Council is unbuildable since it is in the 100 -year flood plain. Also, the area is trunk highway right of way owned by Mn/DOT, and will most likely in perpetuity be used by Mn/DOT as a storm water pond. There are also electrical transmission lines running through that area, with electrical towers and transmission easements encumbering the property. It is also worth pointing out that for many years part of the land in question was used by Brooklyn Center by agreement with Mn/DOT as part of Twin Lake Park, and the area from Twin Lake Park to Mn/DOT has for many years been mowed and otherwise maintained by Brooklyn Center. To my knowledge, Robbinsdale has not made any improvements to or provided maintenance for that area. Requested Council Action . Review the options presented above, discuss, and either reaffirm the Council's selection of Option 3 or select another option for pursuit with Robbinsdale. Exhibit A 51 S AVE. N.1 §0 W W LAKEBREEZE AVE. N. W UJ UJ r I 48T LAK ESIDE I AVE. TWIN 47 LAKE PA : ;fir �...• _ � - 46 TH AVE. N. 46TH AVE. N. N Current City Boundary W E — — — — — — Proposed City Boundary Twin Lake Trail Segment to Be Constructed by Brooklyn Center S Land to Detach and Convey to Robbinsdale for Frontage Road Land to Detach from Robbinsdale and Convey to Brooklyn Center X ci o ,of BROOKLYN TH 100 Robbinsdale Frontage Road CENTER "Land Swap" 10/01 be -eng CITY OF ROBBINSDALE RESOLUTION NO. CITY OF BROOKLYN CENTER RESOLUTION NO. JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM ROBBINSDALE AND ANNEXATION TO BROOKLYN CENTER OF CERTAIN PROPERTY NORTH OF TH 100; AND CONCURRENT DETACHMENT FROM BROOKLYN CENTER AND ANNEXATION TO ROBBINSDALE OF CERTAIN PROPERTY SOUTH OF TH 100 PURSUANT TO MINN. STAT. § 414.061 WHEREAS, certain real property (the North Property) is legally described as: Beginning at the intersection of the centerline of TH 100 and the centerline of the Twin Lake Narrows bridge, proceeding northeasterly along the centerline of TH 100 until its intersection with the corporate boundary between Robbinsdale and Brooklyn Center, then proceeding westerly along the corporate boundary between Robbinsdale and Brooklyn Center until its intersection with the corporate boundary between Crystal and Brooklyn Center, then proceeding southerly along the corporate boundary between Crystal and Brooklyn Center to the southeastern corner of Crystal, then proceeding southeasterly to the point of beginning. WHEREAS, the North Property is approximately 8.9 acres in size and is located within the boundaries of the City of Robbinsdale; and WHEREAS, the North Property is owned by the Minnesota Department of Transportation and is used as highway right of way; and WHEREAS, certain additional property (the South Property) is legally described as: Beginning at the intersection of the centerline of France Avenue North and the corporate boundary between Robbinsdale and Brooklyn Center, proceeding north and northwest along the centerline of France Avenue North until its intersection with the centerline of TH 100, then proceeding southwesterly along the centerline of TH 100 until its intersection with the corporation boundary between Robbinsdale and Brooklyn Center, then proceeding easterly along the corporate boundary to the point of beginning at the centerline of France Avenue North. WHEREAS, the South Property is approximately 10.5 acres in size and is located within the boundaries of Brooklyn Center; and KRC- 201658v1 1 BR291 -217 CITY OF ROBBINSDALE RESOLUTION NO. CITY OF BROOKLYN CENTER RESOLUTION NO. WHEREAS, the South Property is owned by several property owners and is used as residential; and WHEREAS, the Minnesota Department of Transportation will acquire the parcels comprising the South Property for highway purposes; and WHEREAS, the detachment and annexation of the North Property and the detachment and annexation of the South Property would simplify municipal boundaries so that property south of TH 100 would lie within the City of Robbinsdale and property north of TH 100 would lie within the City of Brooklyn Center; and WHEREAS, the resulting simplification of municipal boundaries would reduce confusion among city residents, visitors and providers of services, and would facilitate the efficient provision of public services including planning, zoning, police, fire, emergency medical and utility services. NOW, THEREFORE, BE IT RESOLVED: 1. That the City of Robbinsdale and the City of Brooklyn Center jointly request that the Director of the State Planning Agency concurrently detach the North Property from the City of Robbinsdale and annex the same to the City of Brooklyn Center as of July 1, 2002. 2. That the City of Robbinsdale and the City of Brooklyn Center jointly request that the Director of the State Planning Agency concurrently detach the South Property from the City of Brooklyn Center and annex the same to the City of Robbinsdale as of July 1, 2002. 3. That this joint resolution be submitted to the Director of the State Planning Agency for the purposes set forth herein. KRC- 201658v1 2 BR291 -217 CITY OF ROBBINSDALE RESOLUTION NO. CITY OF BROOKLYN CENTER RESOLUTION NO. CITY OF ROBBINSDALE: Member introduced the foregoing resolution and moved its adoption. The motion for the adoption of the 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. Date Mayor ATTEST: City Clerk CITY OF BROOKLYN CENTER Member introduced the foregoing resolution and moved its adoption. The motion for the adoption of the 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. Date Mayor • ATTEST: KRC- 201658vl 3 BR291 -217 City Council Agenda Item No. 10f *:r City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Lasman, Nelson, Peppe, and Ricker From: Michael J. McCaule ��---__ - City Manager Date: October 18, 2001 Re: Transfers to Capital Project Fund The attached resolution implements the transfers in 2001 to support the expenditures in 2001 and 2002 for the Civic Center building project at the level of cost pursuant to the awarded bid for construction. A later resolution will transfer 2000 General Fund surplus to the Special Assessment Construction Fund ($225,000) and to the Capital Project Fund ($115,000) at the Capital Improvement Plan levels for the ongoing neighborhood street projects and the Capital Project Fund activities. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Member introduced the following resolution and moved its do a ption: RESOLUTION NO. RESOLUTION AUTHORIZING AND DIRECTING FUND TRANSFERS TO SUPPORT FACILITY CONSTRUCTION /REMODELING WHEREAS, the City Council has authorized construction and remodeling of the Community Center and City Hall to provide for better community access to services and programs; and WHEREAS, amounts dedicated to this purpose have been identified to the City Council; and WHEREAS, amounts dedicated to this project should be transferred to the construction account within the Capital Project Fund. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER that the following amounts be transferred as identified. From: General Fund - Current operations $120,700 From: General Fund -Fund Balance $353,000 From: Storm Water Utility Fund -Fund Balance $ 35,000 From: Liquor Store Fund -Fund Balance $ 35,000 To: Capital Project Fund -City Facilities $543,700 Construction 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.