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HomeMy WebLinkAbout2000 01-24 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION January 24, 2000 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions. 2. Discussion of Carl Neu's Summary of January 6, 2000 Council Workshop 3. Discussion of 4d Legislation 4. Miscellaneous 5. Adjourn Deferred Item: Community Presentations City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley. City Manager Date: January 20, 2000 Re: 4d Legislation As indicated in the January 21 st Update, Brooklyn Park may be proposing legislation regarding 4d and receiving reimbursement from the State for the lost tax capacity on 4d units. The participation level in Brooklyn Center has continued to increase. Mr. Baker has advised that preliminary numbers for taxes payable in 2000 indicates that 33% of the apartments in the City of Brooklyn Center will be in the 4 -D program. The total number of units that would be participating is 1,422. This represents 16% of the potential tax capacity from apartments. Mr. Baker further advised that Brooklyn Park is working with a consultant on writing revisions to the State 4 -D refunding formulas. t 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Nlill 0 COMPANY CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL WORKSHOP January 6, 2000 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REACHED BY THE PARTICIPANTS Prepared by Carl H. Neu, Jr. January 7, 2000 © Neu and Company and The Center for the Future of Local GovemanceT'A, 2000 T CITY OF BROOKLYN CENTER MINNESOTA CITY COUNCIL WORKSHOP January 6 2000 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REACHED BY THE PARTICIPANTS Prepared by Carl H. Neu Jr. January 7, 2000 CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL GOAL- SETTING WORKSHOP January 6, 2000 SUMMARY OF KEY OBSERVATIONS AND. CONCLUSIONS REACHED BY THE PARTICIPANTS January 7, 2000 I. INTRODUCTION On January 6, 2000, the members of the City Council, City Manager, and Assistant City Manager participated in a City Council Workshop. This workshop was identified as a "fine tuning" opportunity in which Council members, the City Manager, and Assistant City Manager could review the following: • Processes used by the Council for goal setting and decision making. • Teamwork/cooperative efforts needed to achieve the City's goals for the year 2000. • Addressing any potential issues that might arise pertaining to the November, 2000 municipal elections. 0 Other issues that the participants might like to discuss pertaining to activities within the City, etc. The City Council and management team have become a highly- productive leadership group and wished to use this particular workshop as a chance to revisit and reassess "how it does business" in preparation for the goal - setting session scheduled for August 26, 2000. II. KEY CONCLUSIONS AND OBSERVATIONS MADE BY THE PARTICIPANTS. A. Presentation on Goal- Setting and Decision - Making Processes. As a prelude to the discussion on decision - making processes used by the Council, the facilitator made a brief presentation on the following elements that might be addressed in the ensuing discussion: 1. Goal- setting and decision - making methods that are: 1 • agreed -upon by the Council. • will be followed by the Council in its goal- setting and decision - making activities. • reflect a commitment from all Council members to participate. • provides a goal presentation format that is desired by the Council and is seen as being productive in facilitating its subsequent decision - making activities. 2. A review of various decision - making techniques that can be followed by a deliberative body. Participants were provided with a handout describing the various techniques that deliberative bodies can use reaching a decision which include: • Authority rule • Minority rule • Majority rule • Unanimity • Consensus 3. Dealing with and addressing differences of opinion that will occur within a deliberative body among its members as the body addresses various issues. 4. How should the Council address proposed goals that it did not adopt for inclusion in its annual Work Plan? 5. Who will be responsible for "fine tuning" the final wording of the Work Plan before it is presented to the Council for formal adoption? 6. What will be the process for formally adopting the Council's Goals and related Work Plans? 7. How and when do Council members propose other goal for consideration by Council and possible inclusion in its Work Plan? 8. Thoughts and ideas pertaining to the agenda and structure for the August 26, 2000 goal- setting session. 2 B. Observations and Conclusions Made by the Participants: 1. Current decision - making efforts within the Council emphasize achieving consensus. The council members agreed, generally, that it has become a more consensus- oriented group for the following reasons: • There is a greater focus on issues rather than personalities as items are explored, debated, and resolved. • The use of study sessions has provided an opportunity for detailed discussion and dialogue among the members and to become fully informed before making a decision. • Lack of controversy within the City promotes a greater opportunity for consensus -based decision making. • Good debates are carried out within the Council in a respectful way. • The Council is goal- focused and the sense of direction provided by the goals provides an opportunity to focus decision - making towards the achievement of consensus. 2. Goal Presentation Format Council members generally agree that the current format used to present and communicate the goals to the organization and the community is useful and productive. There is a desire, however, to note that the numbering of the goals is for identification purposes only and does not in any way reflect prioritization. 3. Statement of Leadership Direction and Philosophy (Vision) as a Prelude to the City's Goal Statements. It was proposed that in the future, that a brief statement be made about the overall leadership direction and vision that the Council is pursuing relative to the future of Brooklyn Center as the basis for establishing its annual Goals and Work Plan. Once this statement is made, the annual Goals and Work Plan then can be defined as supportive of the longer -term leadership direction and the philosophy of the Council. 4. Basis for "fine- tuning" and adoption of the Goals. 3 Basically, the participants agreed upon a three -step process which includes the following: • Create a basic language of the Goals and Work Plans at the August retreat. • Review a draft resolution of the goals at a work session so that Council will have another opportunity to "fine tune" wording of the Goal Statements and Work Plan. The purpose of this review is not to change the content of the Goals and Work Plans agreed upon at the August retreat, but to ensure the proper wording of the work product. • Once the draft resolution has been reviewed at work session, it will be brought forward on the next Council agenda for formal adoption. 5. The August Goal- Setting session is when the Council will develop its Objectives and Work Plan. Throughout the course ofthe year, and especially at the May preliminary budget discussions, Council members may propose ideas for consideration at the August Goal - Setting session. Essentially, the Council does not wish to modify /amend its Goals and Work Plans except in those rare circumstances where a new Goal might have to be adopted expeditiously in response to a specific issue. 6. Preparation for the August 26 Goal - Setting Workshop. The participants identified five items that they would like to see addressed in preparation for the August 26 Goal - Setting Workshop. These include: • Distribute the packet of materials that will be used in the workshop to the Council members at least a week before the workshop is conducted. • Include the City Manager's Overview of Projects report as used in previous workshops. • Include a list of potential goal items that have been identified during the course of the year and at the May pre- budget preparation discussions. This provides an opportunity for Council members to refresh their memories on various items that have been discussed during the course of the year that might lead to the creation of new goals for the City at the August workshop. 4 • Inclusion of a list of the Goals for the last two plus years for the City so that Council members can refresh their memories on previous Goal Statements adopted by the Council. • Manager's Summary of Goal Achievements "to date" for: - Calendar Year 1999 Calendar Year 2000 (progress report on achievements made relative to the current year's City goals.) 5 ** REVISED CITY COUNCIL MEETING City of Brooklyn Center January 24, 2000 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation - 7 p.m. 3. Call to Order Regular Business Meeting 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 these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. January 10, 2000 - Study Session 2. January 10, 2000 - Regular Session b. Licenses C. Resolution Creating a TIF District #4 Fund and Dividing the E.D.A. Fund into an E.D.A. 41 Fund and an E.D.A. 42 Fund d. Resolution Expressing Appreciation for the Gift of the Brooklyn Center Lion's Club for Joint Fire Training Center • ** REVISED ** CITY COUNCIL AGENDA -2- January 24, 2000 e. Site Performance Guarantee Reduction - Wickes Distribution Center (4837 Azelia Ave N) f. Approval of Applications -Brain Injury Association of Minnesota to conduct raffle on April 15, 2000, at the Earle Brown Heritage Center -Anoka County Pheasants Forever for Lawful Gambling License (Raffle) on March 11, 2000, at the Earle Brown Heritage Center - Orchard Lane PTA to conduct excluded bingo on March 3, 2000, at Orchard Lane Elementary School - Orchard Lane PTA to conduct excluded bingo on April 13, 2000, at Orchard Lane Elementary School g. Resolution Approving Change Order No. 1, Improvement Project No. 1999 -19, Contract 99 -M, Rehabilitation of Wellhouse Nos. 5 & 6 • h. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 1999- 12, Contract 99 -B, Lift Station Nos. 8 & 9 Replacement 7. Presentation a. Financial Commission Recommending Enterprise Funds Cash Balance Targets -Requested Council Action: - Motion to adopt targets. 8. Public Hearings a. 1. Resolution Adopting Business Subsidy Policy -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. 2. Resolution Approving Redevelopment Agreement with Talisman LLC -Requested Council Action: -Open the public hearing. -Take public input. • -Close the public hearing. - Motion to adopt resolution and recommend approval to the EDA. • ** REVISED ** CITY COUNCIL AGENDA -3- January 24, 2000 b. An Ordinance Amending Chapter 35 of the Code of Ordinances Relating to Erosion Control and Floodplain Regulations -This item was first read on January 10, 2000; published in the official newspaper on January 12, 2000; and is offered this evening for a second reading and public hearing. -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 9. Planning Commission Item a. Planning Commission Application No. 2000 -001 Submitted by Denita Thomas. Request for a special use permit to conduct a home occupation involving beauty services at 401 Bellvue Lane. The Planning Commission recommended approval of this application at its January 13, 2000, meeting. ® - Requested Council Action: - Motion to approve Planning Commission Application No. 2000 -001 subject to the conditions recommended by the Planning Commission. 10. Council Consideration Items a. Pay Equity Compliance Report - Requested Council Action: - Motion to accept report. b. Resolution Amending the 2000 General Fund Budget to Provide for the Rehabilitation of Alleys and the Retrofit and Replacement of Bleachers, and Authorizing Advertisement for Bids for Improvement Project No. 2000 -10, Bleacher Retrofit - Requested Council Action: - Motion to adopt resolution. C. Resolution Authorizing Execution of an Agreement with Metricom Inc. to Allow Siting of Wireless Telecommunications Devices in City Right of Way - - Requested Council Action: - Motion to adopt resolution. ** REVISED ** CITY COUNCIL AGENDA 4- January 24, 2000 d. Parks and Recreation Commission Recommendation -Requested Council Action: - Motion to deny request for financial assistance for playground equipment at Fair Oaks School in Brooklyn Park. e. Mayoral Appointment to Housing Commission - Requested Council Action: - Motion to ratify Mayoral nomination. f. Y2K Report - Requested Council Action: -None, report only. g. Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2000 -01, 02, and 03, Garden City Central Street, Storm Drainage, and Utility Improvements - Requested Council Action: - Motion to adopt resolution. h. Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2000 -04, 05, and 06, 73rd Avenue, Humboldt Avenue to Camden Avenue Street, Storm Drainage, and Utility Improvements - Requested Council Action: - Motion to adopt resolution. i. Report on Legal Firm Interview Process - Requested Council Action: -Adopt a process and schedule for interviews. j. Resolution Authorizing Lease Addendum for Northbrook Liquor Store - Requested Council Action: - Motion to adopt resolution. 11. Adjournment • City Council Agenda Item No. 6a f 1 i 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 JANUARY 10, 2000 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 Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Recording Secretary Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman questioned the date on the resolution for agenda item 6m, Resolution Designating 2000 Planting List of Allowable Boulevard Tree Species. City Manager Michael McCauley stated the date would be corrected. Councilmember Nelson questioned agenda item 6o, Resolution Approving Change Order No. 1, Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1999 -09, Contract 1999 -F, Elevated Storage Tank Repair - Tower #1. Mr. McCauley discussed that the costs being under estimated was beneficial within anticipated ranges. i COUNCIL MEMBER LASMAN: NATIONAL LEAGUE OF CITIES CONFERENCE Councilmember Lasman reported on the National League of Cities Conference that she attended and shared some of the topics that were discussed such as racism and youth celebrating successes. 01 /10 /00 -1- DRAFT E -MAIL FOR COUNCIL OPTIONS • Mr. McCauley discussed the options that have been explored for e -mail and voice mail. The most effective option would be to have each Council Member have Internet access. If the Council were to choose having an Internet access, a policy would be proposed to use the Internet for communication with the Council and reimbursement maximums to the Council to have Internet access at home. The voice mail boxes for each Council Member would not cost the City any money, so that option could be done if the Council so chooses to have their own voice mail box along with an Internet access. Mr. McCauley asked the Council if they would like him to proceed to develop proposed policies and capabilities. It was the consensus of the Council to proceed with Internet access and voice mail boxes options. DISCUSSION OF COMMUNITY PRESENTATIONS This item will be discussed at a future study session. ADJOURNMENT The Council adjourned the study session at 6:58 p.m. City Clerk Mayor i 01/10/00 -2- DRAFT • • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 10, 2000 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in study session at 6:00 p.m., and continued to informal open forum. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. No one appeared at the informal open forum. • ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn informal open forum at 6:58 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 7:01 p.m. FLAG CEREMONY -Girl Scout Troop 1563 Girl Scout Troop 1563 performed a flag ceremony. 01 /10 /00 -1- DRAFT 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Mayor Kragness shared a letter that was received commending ome of the staff at Brooklyn Center g Y on the Joslyn development. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes from the December 13, 1999, study session and regular session. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. COURTESY BENCH Ameribench Company 4215 Winnetka Avenue N., New Hope GASOLINE SERVICE STATION Christy's Auto Service 5300 Dupont Avenue North Conoco 1505 69th Avenue North Duke's Mobil 6501 Humboldt Avenue North Holiday Stationstore #292 420 66th Avenue North Osseo - Brooklyn Bus Company 4435 68th Avenue North Perfect Car Wash #504 6849 Brooklyn Boulevard R & R Express Mart 1505 69th Avenue North Total 6830 Brooklyn Boulevard Terry Presler Amoco 6044 Brooklyn Boulevard I 01 /10/00 -2- DRAFT MECHANICAL Bloomington Heating and Air Conditioning 630 West 92nd Street, Bloomington PUBLIC DANCE Minneapolis North Hilton 2200 Freeway Boulevard RENTAL Initial: 3819 France Place Robert Lindahl 6101 Beard Ave N Ken Phalen 4902 France Ave N Dr. William Dudley Renewal: Ryan Terrace Apartments Robert Carpentier 5103 Xerxes Ave N Darnella Anderson 5630 Bryant Ave N John Bunch 4100 Lakebreeze Ave N Bruce Waage Marvin Garden Townhomes Redevco - Marvin Garden Ltd 6835 Noble Ave N Robert Berglund Earle Brown Terrace Lang- Nelson, Associates 5449 Lyndale Ave N Dakota Communities, Inc. Sterling Square Apartments Christopher Johnson • SIGN HANGER Scenic Sign Corporation 828 So 5th Street, Sauk Rapids TAXI CAB James Ledlum 5308 Ponds Drive North TOBACCO RELATED PRODUCT_ Applebee's 1347 Brookdale Center Conoco 1505 69th Avenue North Duke's Mobil 6501 Humboldt Avenue North Holi Deli Commissary #610 1700 Freeway Boulevard Holiday Stationstore 4292 420 66th Avenue North K -Mart 5930 Earle Brown Drive Minneapolis North Hilton 2200 Freeway Boulevard Perfect Car Wash #504 6849 Brooklyn Boulevard Rainbow Foods 6350 Brooklyn Boulevard T.G.I. Friday's 2590 Freeway Boulevard O1 /10 /00 -3- DRAFT e TOBACCO RELATED PRODUCT - CONTINUED Terry Presler Amoco 6044 Brooklyn Boulevard Tobacco Center 6300 Brooklyn Boulevard Total 6830 Brooklyn Boulevard Walgreens #04320 6390 Brooklyn Boulevard 6c. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS RESOLUTION NO. 00 -01 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6d. RESOLUTION APPOINTING AUDITORS FOR THE YEAR ENDED DECEMBER 31 1999 RESOLUTION NO. 00-02 Councilmember Lasman introduced the following resolution and moved its adoption: , RESOLUTION APPOINTING ENDED TING AUDITORS FOR THE YEAR E D 31, 1999 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6e. RESOLUTION SETTING SPECIAL ASSESSMENT AND INTERNAL LOAN RATES FOR THE YEAR 2000 RESOLUTION NO. 00-03 Councilmember Lasman introduced the following esolution and moved its adoption: g P RESOLUTION SETTING SPECIAL ASSESSMENT AND INTERNAL LOAN RATES FOR THE YEAR 2000 I The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 01/10/00 -4- DRAFT • 6f. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER RESOLUTION N O.00 -04 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING OFFICIAL NEWSPAPER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6g. RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP RESOLUTION NO. 00 -05 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPOINTING MICHAEL J. MCCAULEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP • The motion for the adoption of the foregoing resolution w duly seconded b Councilmember p g g olu as y y Nelson. Motion passed unanimously. 6h. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS RESOLUTION NO. 00 -06 Councilmember Lasman introduced the followin g resolution and moved its adoption: RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion . assed unanimously. Y 01 /10 /00 -5- DRAFT 6i. RESOLUTION APPROVING CHANGE ORDER NO. 4, ACCEPTING WORK e PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1998 -01, 02, 03, CONTRACT 1998 -D, BELLVUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 00 -07 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 4, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1998 -01, 02, 03, CONTRACT 1998 -D, BELLVUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6j. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1998 -04, 05, 06, CONTRACT 1998 -E, ST. AL'S NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS • RESOLUTION NO. 00 -08 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1998 -04, 05, 06, CONTRACT 1998 -E, ST. AL'S NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6k. RESOLUTION AMENDING THE SCHEDULE OF TREE AND WEED PROGRAM FEES RESOLUTION NO. 00 -09 Councilmember Lasman introduced the following resolution and moved its adoption: 01 /10 /00 -6- DRAFT • • RESOLUTION AMENDING THE SCHEDULE OF TREE AND WEED PROGRAM FEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 61. AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF ORDINANCES RELATING TO EROSION CONTROL AND FLOODPLAIN REGULATIONS A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading of ordinance and set January 24, 2000, for public hearing and second reading. Motion passed unanimously. 6m. RESOLUTION DESIGNATING 2000 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES RESOLUTION NO. 00 -10 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING 2000 PLANTING LIST OF ALLOWABLE BOULEVARD TREE . SPECIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6n. RESOLUTION AUTHORIZING THE PURCHASE OF A STREET SWEEPER RESOLUTION NO. 00 -11 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF A STREET SWEEPER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 01/10/00 -7- DRAFT i 6o. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK O PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999-09, CONTRACT 1999 -F, ELEVATED STORAGE TANK REPAIR - TOWER #1 RESOLUTION NO. 00-12 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -09, CONTRACT 1999 -F, ELEVATED STORAGE TANK REPAIR - TOWER #1 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7. PUBLIC HEARING 7a. PRIVATE KENNEL LICENSE APPLICATION SUBMITTED BY CRAIG AND JEANNE O'BRIEN, 6730 DREW AVENUE NORTH City Manager Michael McCauley discussed the private kennel license submitted by Craig and Jeanne O'Brien, 6730 Drew Avenue North, was denied and that they would like to appeal the denial. Mr. McCauley asked to have City Attorney discuss the ordinance and process for the appeal. City Attorney Charlie LeFevere discussed the ordinance and stated that if the Council had no questions to proceed with the Public Hearing. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. Jeanne O'Brien addressed the Council and questioned why the City Manager would consider her having three dogs a health hazard. She keeps all three dogs in a fenced yard. When the dogs are outside they are chained up. All three dogs are spayed so they will not be having any more dogs. Mayor Kragness asked Ms. O'Brien how long she had lived in the City of Brooklyn Center and if she was aware of the City Ordinances. Ms. O'Brien responded that she had lived in the City for approximately 22 years and that she was not aware of the City's Ordinance pertaining to dogs. 01 /10 /00 -8- DRAFT i Councilmember Nelson asked Ms. O'Brien if the three dogs were licensed. Ms. O'Brien responded that at this time they are not. She tried to get them licensed and was told that she would need a private kennel license to have three dogs. Councilmember Lasman asked Ms. O'Brien about one of the responses received from a neighbor about one dog running at large. Ms. O'Brien responded that might have happened a long time ago, but nothing recently. Since they are older they do not run that much. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve a private kennel license until February 2001 at which time the Council will review the license. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. SELECTION PRESIDING OFFICERS - MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Kragness requested approval of her nomination of Debra Hilstrom as Mayor Pro Tem and • Kay Lasman as Acting Mayor Pro Tem. A motion by Councilmember Peppe, seconded by Councilmember Lasman to approve Debra Hilstrom as Mayor Pro Tem and Kay Lasman as Acting Mayor Pro' Tem. Motion passed unanimously. 8b. APPOINTMENT OF COUNCIL MEMBER TO SERVE AS CITY REPRESENTATIVE 1. LEAGUE OF MINNESOTA CITIES 2. NORTH METRO MAYORS ASSOCIATION 3. NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION 4. ASSOCIATION OF METROPOLITAN MUNICIPALITIES Mayor Kragness requested approval of her nominations to the following: League of Minnesota Cities: Councilmember Debra Hilstrom North Metro Mayors Association: Mayor Kragness 01 /10 /00 -9- DRAFT • i Northwest Suburbs Cable Communications Commission: Councilmember Nelson Association of Metropolitan Municipalities: Councilmember Nelson and Councilmember Peppe Crime Prevention: Councilmember Lasman A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve the above listed nominations. Motion passed unanimously. 8c. MAYORAL APPOINTMENTS OF COUNCIL LIAISONS TO CITY COMMISSIONS FOR 2000 1. FINANCIAL COMMISSION 2. HOUSING COMMISSION 3. NORTHWEST HENNEPIN REGIONAL HUMAN RIGHTS COMMISSION 4. PARK AND RECREATION COMMISSION Mayor Kragness requested approval of her nominations to the following Commissions: Financial Commission: Councilmember Hilstrom Housing Commission: Councilmember Peppe Northwest Hennepin Regional Human Rights Commission: Councilmember Kay Lasman Park and Recreation Commission: Councilmember Nelson O A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the above listed nominations. Motion passed unanimously. 8d. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS Mayor Kragness read the following names for those who were to be recognized for serving on City advisory commissions: Rhonda Braziel, Human Rights and Resources 7/24/95 - 12/31/98 Stanley Leino, Financial 3/9/98 - 3/25/99 Wayde Lerbs, Human Rights and Resources 8/22/94 - 12/31/98 Leona Raisch, Human Rights and Resources 1/27/97 - 12/31/98 Christopher Russell, Housing 3/9/98 - 11/29/99 Shawn Taylor, Human Rights and Resources 1/27/97 - 12/31/99 Robert Torres, Housing 12/5/88 - 3/16/99 01/10/00 -10- DRAFT • RESOLUTION NO. 00 -13 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY ADVISORY COMMISSIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8e. APPOINTMENT OF MAYOR TO VISITORS AND CONVENTION BUREAU A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to appoint Mayor Kragness to the Visitors and Convention Bureau. Motion passed unanimously. 8£ 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 5025 EWING AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55429 LEGALLY DESCRIBED AS • LOT 12, BLOCK 2, TWIN LAKE WOODS 2ND ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA Mr. McCauley discussed this resolution would order the correction of hazardous conditions and further for the abatement of public nuisances, safety and health hazards at 5025 Ewing Avenue North. RESOLUTION NO. 00 -14 Councilmember Lasman introduced the following resolution and moved its adoption: 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 5025 EWING AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55429 LEGALLY DESCRIBED AS LOT 12, BLOCK 2, TWIN LAKE WOODS 2ND ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA 01 /10 /00 -11- DRAFT I The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8g. 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 7000 OLIVER AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 12, BLOCK 9, IN HIPP'S EAST PALMER LAKE ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA Mr. McCauley discussed this resolution would order the correction of hazardous conditions and further for the abatement of public nuisances, safety and health hazards at 7000 Oliver Avenue North. Council discussed previous order regarding flammable materials. Mr. McCauley informed the Council that a contractor will be submitting a proposal to the City regarding the property. Councilmember Hilstrom requested to get an update after the proposal is received. RESOLUTION NO. 00 -15 . Councilmember Nelson introduced the following resolution and moved its adoption: 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 7000 OLIVER AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 12, BLOCK 9, IN HIPP'S EAST PALMER LAKE ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. I 01 /10 /00 -12- DRAFT 8h. APPOINTMENTS TO SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSIONS TECHNICAL ADVISORY COMMITTEE A motion by Councilmember Lasman, seconded by Councilmember Peppe to appoint Diane Spector as Technical Advisory Committee Member for Shingle Creek and West Mississippi Watershed Management Commissions and Scott Brink as the alternate. Motion passed unanimously. 8i. BROOKLYN CENTER SCHOOL DISTRICT - TEMPORARY CLASSROOMS 1. AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND INDEPENDENT SCHOOL DISTRICT NO. 286 REGARDING CONSTRUCTION OF TEMPORARY CLASSROOM SPACE. 2. AN ORDINANCE AMENDING SECTION 35 -310 OF THE BROOKLYN CENTER CODE OF ORDINANCES, DESIGNATING TEMPORARY CLASSROOMS AS INTERIM USES IN R -1 DISTRICTS Mr. McCauley discussed the Council previously reviewed and discussed a request from Independent School District No. 286 for construction of a temporary classroom. An agreement was prepared to allow construction of a temporary classroom and is before the Council this evening for approval. • The agreement states the following: 1. The City will issue building permits and allow construction of the temporary classroom project, and the occupancy thereof, in conformance with the plans therefor attached hereto as Attachment One and hereby made a part hereof. Construction of the temporary classroom shall be subject to review and approval of the Building Official and shall include secure skirting around the perimeter of the structure. 2. The District understands and agrees that commencement of construction and occupancy of the classrooms is at its own risk and that the City does not, and cannot, have any legal obligation to amend its zoning code to accommodate the construction of the temporary classroom facilities. 3. The City will in good faith consider an amendment of its zoning code which would allow temporary classrooms in R -1 zones of the City as an interim use in accordance with Minnesota Statutes Section 462.3597. 01 /10 /00 -13- DRAFT 4. If the City adopts such an ordinance, the District will apply for any required permits pursuant to such ordinance and comply with the terms of any conditions imposed by the City in connection with approval of such permit. 5. If the City does not adopt an ordinance permitting such temporary classrooms, or does not approve the use proposed by the District in accordance with any amendments to its ordinances, by April 30, 2000, the District will remove its temporary buildings no later than August 31, 2000, all at its own expense, and the City shall have no liability or responsibility for the failure to adopt an ordinance permitting temporary classrooms or for failure to permit construction of such temporary classrooms by the District. 6. Any amendment to this Agreement will be subject to prior review and comment by the City's Planning Commission. 7. The term of this Agreement shall be four years, with an extension of three years subject to the review of the City Council and its determination of the suitability of an extension. A motion by Councilmember Lasman, seconded by Councilmember Peppe to enter into agreement with Independent School District No. 286. Motion passed unanimously. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading , of An Ordinance Amending Section 3 5-3 10 of the Brooklyn Center Code of Ordinances, Designating Temporary Classrooms as Interim Uses in R -1 Districts, and set February 14, 2000, for second reading and public hearing. Motion passed unanimously. 8j. REPORT ON LEGAL FIRM INTERVIEW PROCESS Mr. McCauley requested this item be tabled to the January 24, 2000, City Council meeting. A motion by Councilmember Peppe, seconded by Councilmember Hilstrom to table report to the January 24, 2000, City Council meeting. Motion passed unanimously. 8k. REPORT FROM HOUSING COMMISSION ON OCCUPANCY LIMITS Mr. McCauley discussed the Housing Commission submitted a report to the City Council on occupancy limits and that the materials included a review from the Housing Commission with a recommendation not to amend the occupancy provisions at this time. 01 /10 /00 -14- DRAFT • A motion by Councilmember Lasman, seconded by Councilmember Peppe to accept report and recommendation from the Housing Commission. Motion passed unanimously. 81. SET DATE OF PUBLIC HEARINGS ON A POLICY AND CRITERIA FOR GRANTING BUSINESS SUBSIDIES AND ON THE GRANT OF A BUSINESS SUBSIDY FOR THE BROOKDALE MALL PROJECT A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to set January 24, 2000, for a public hearing on the proposed adoption of the City's business subsidy policy and criteria for granting business subsidies on the grant of a business subsidy for the Brookdale Mall project. Motion passed unanimously. 8m. INTRODUCE ORDINANCE REGARDING LEASE/PURCHASE BY INDEPENDENT SCHOOL DISTRICT NO. 286 OF HUMBOLDT LIQUOR STORE Mr. McCauley discussed this ordinance introduces the sale of Lot 2, Block 1, Horbal Addition (Humboldt Liquor Store) to Independent School District 286. The School District would pay $70,000 annually during the term of the lease, which sum will be payable in two biannual installments, on or before the first day of July and December, in advance. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve first reading • and set second reading and public hearing for February 14, 2000. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn the meeting at 7:40 p.m. Motion passed unanimously. City Clerk Mayor 01 /10 /00 -15- DRAFT • • City Council Agenda Item No. 6b City of Brooklyn Center . A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: January 19, 2000 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 January 24, 2000: GASOLINE SERVICE STATION U.S. West 6540 Shingle Creek Parkway RENTAL . Renewal: 2401 -03 54th Ave N George McMullen 5500 Bryant Ave N Bruce Kruger 6813 Noble Ave N David Zemke 4703 68th Ave N Bernard McDonough 4207 Lakeside Ave N #131 Dr. Akbar Sajady 4207 Lakeside Ave N #326 Dr. Akbar Sajady 6821 Noble Ave N Reuben & Diane Ristrom, Jr. Initial: 6424 Girard Ave N John & Kelly Hoffner 5546 Emerson Ave N Shundrika Morris 7113 Willow Lane N Raymond Anderson 5308 Emerson Ave N Gina Kieffer SIGN HANGER Scenic Sign Corporation 828 So 5th Street, Sauk Rapids TOBACCO RELATED PRODUCT Tobacco Warehouse, Inc. 6014 Shingle Creek Parkway • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 6c MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: January 18, 2000 SUBJECT: Resolution Creating a TIF District #4 Fund and Dividing the E.D.A. Fund into an E.D.A. #1 Fund and an E.D.A. #2 Fund The attached resolution creates a special revenue fund to handle TIF revenues received from the TIF District #4 created to handle soils conditions at the Joslyn Site. Resolution 99 -34 approved the creation of the TIF District and adopted the required tax increment financing plan, but was silent regarding the creation of a fund to account for the activity. The resolution also divides the E.D.A. fund into two funds. The E.D.A. Fund was created in the mid 1980s and was almost immediately infused with TIF funds in the form of proceeds of the 1985 TIF bonds. TIF bond proceeds were again deposited in the E.D.A. Fund in 1991 and 1995. Non TIF revenues have been included in the E.D.A. Fund every year since its creation. • State uidelines call for TIF revenues to be segregated in a fund separate from an fund g P Y containing non TIF revenues. The only way to cure this inter - mingling of revenues is to spend the existing E.D.A. fund down to zero while segregating all new TIF and non TIF revenues into separate funds. The Earle Brown TIF Fund and the TIF District #3 Fund have existed for several years and are receiving all current TIF revenues which in past years were put in the E.D.A. Fund. The E.D.A. #1 Fund will account for closing out the activities of the old E.D.A. Fund. It may take until the end of 2001 or 2002 to spend down the assets. The E.D.A. #2 Fund will receive new property tax revenues and H.R.A. transfers which are free of TIF entanglements. This will be the fund to survive as the E.D.A. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CREATING A TIF DISTRICT #4 FUND AND DIVIDING THE E.D.A. F1J INTO AN E.D.A. #1 FUND A ND AN E.D.A. #2 FUND WHEREAS, Section 7.11 of the City Charter provides the City Council with the authority to order the creation of such funds as may be needed to properly account for the financial activities of the City; and WHEREAS, Resolution #99 -34 approved the establishment of Tax Increment Financing District #4 and thereby created the need for a special revenue fund to account for the district; and WHEREAS, the E.D.A. Fund was created in the 1980s and included tax increment financing revenues from that time onward; and WHEREAS, State of Minnesota guidelines call for TIF revenues to be • segregated in separate funds from funds containing non -TIF revenues. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. That the classification of funds shall be expanded to include a Tax Increment Financing District #4 special revenue fund to account for the receipt and disbursement of tax increments. 2. That the existing E.D.A. Fund be renamed as the E.D.A. #1 Fund and that the classification of funds shall be expanded to include the E.D.A. #2 Fund. Date Mayor • RESOLUTION NO. 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. 6d MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: January 19, 2000 SUBJECT: Resolution Expressing Appreciation for the Gift of the Brooklyn Center Lion's Club for Joint Fire Training Center The Brooklyn Center Fire Department has been working since 1993 to build a joint training center with the Fridley Fire Department and the Spring Lake Park, Blaine, and Moundsview Fire Department. The initial phase of the center was completed and is operational. It is located in Fridley. This gift from the Lion's Club will be put towards a new class room. The attached resolution expresses the City's gratitude for the donation and appropriates the money to the joint fire training center program within the City Initiatives Grant Fund. S Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LION'S CLUB FOR THE JOINT FIRE TRAINING CENTER WHEREAS, the Brooklyn Center Lion's Club has presented to the City a donation of five thousand dollars ($5,000) and has designated that it be used for the joint fire training center; and WHEREAS, the City Council is appreciative of the donation and commends the Brooklyn Center Lion's Club for its civic efforts; and WHEREAS, the Brooklyn Center Fire Department operates the joint training center with the Fridley Fire Department and the Spring Lake Park, Blaine, and Moundsview Fire Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to acknowledge the donation with gratitude and appropriate the donation to the joint fire training center program within the City Initiatives Grant Fund. 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. 6e • MEMO To: Michael J. McCauley, i au ey, C ty Manager From: Ronald A. Warren, Planning and Zoning Spec' ist Subject: Site Performance Guarantee Reduction Date: January 19, 2000 The following site performance guarantee being held by the City for completion of various site improvements should be recommended to the City Council for reduction: Wickes Distribution Center 4837 Azelia Avenue North Planning Commission Application No. 99005 Amount of Guarantee - $385,000 (Performance Bond) Obligor - Ryan Companies, U S, Inc. on behalf of Twin Lakes Business Park, LLC S All site improvements and conditions for which a site performance guarantee was posted have, for the most part, been completed with respect to this 1999 project. One remaining item to be completed is the placement of sod which will be completed in the spring of 2000. Also, an as built survey of the property has not yet been submitted to the City Engineer. Landscaping will need to survive the winter. It is recommended that the City Council authorize reduction of the $385,000 performance bond to $50,000 pending the completion of the sodding, submission of the as built survey and the viability of landscaping. • City Council Agenda Item No. 6f V BROOKLYN CENTER POLICE DEPARTMENT MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police DATE: January 7, 2000 SUBJECT: Application to Conduct Raffle Brain Injury Association of Minnesota On January 4, 2000, the Brooklyn Center Police Department received an Application for Exempt • Permit to conduct a raffle from the Brain Injury Association of Minnesota. This application is for an event to be held at the Earle Brown Heritage Center on April 15, 2000. This application has been approved and returned to the Brain Injury Association representative 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 • For Board Use Only Fee Paid Minnesota Lawful Gambling Page 1 of 2 Check No. Application for Exempt Permit - LG220 10/98 Initials • Organization Information Received / / Organization name A ' Previous lawful gambling exemption number C �� M t v' State2i Code �Coun Street c ity ty LI3 6e� (i Name of chief executive off_ cer (CEO) of organization Daytime phone.number of First me Last name CEO: (�I Z ) Name of teasurer of organization Daytime phone number of First name , Last name treasurer. ( ) Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ Veteran Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization Proof previously submitted and on file with the Gambling Control Board • Gambling Premises Information alr�� � Name of premises where gambling activity will be conducted (forr raffle !ide� cawing will take place) � IJ � l �� t L of 2 DL kl,, i5 " ;�o Address (do not use PO box) City StateOp Code County A* Date(s) of Activity (or raffles, indite the date of the drawing) Check the box or boxes ( that indicate the type of gambling activity your organization will be conducting: ❑ *Bingo I�1 Raffles ❑ *Paddlewheels ❑ *Pull -Tabs ❑'Tipboards 'Equipment for these activities must be obtained from a licensed distributor. , This form will be made available in alternative Your name and and your organizaWs name Private data about you are available only to the format (Le. large print, Braille) upon request The and address will be public information when following: Board members, staff of the Board information requested on this form (and any received by the Board. AA the other information whose work assignment requires that they have attachments) will be used by the Gambling that you provide will be private data about you access to the information; the Minnesota Control Board (Board) to determine your until the Board issues your permit When the Department of Public Safety, the Minnesota qualifications to be involved in lawful gambling Board issues your permit, all of the information Attorney General; the Minnesota Commissioners activities in Minnesota. You have the right to that you have provided to the Board in the of Administration, Finance, and Revenue; the refuse to supply the information requested; process of applying for your permit will become Minnesota Legislative Auditor, national and however, if you refuse to supply this information, public. If the Board does not issue you a permit, international gambling regulatory agencies; the Board may not be able to determine your all the information you have provided in the anyone pursuant to court order, other individuals • quafitications and, as a consequence, may refuse process of applying for a permit remains private, and agencies that are specifically authorized by to issue you a permit. If you supply the with the exception of your name and your state or federal law to have access to the information requested, the Board will be able to organization's name and address which will information; individuals and agencies for which process your application. remain public. law or legal order authorizes a new use or sharing of information afterthis Notice was given; and anyone with your consent Page 2 of 2 Application for Exempt Permit- LG220 dd AA w l 10/98 ..�{- A ,. AA `V Organization Name � �G�t � -- 1�1�1 �1.�; lY f1�S� t°'l ' Local Unit of Government AckHowle ment (Required b Statute _ � q Y ) • If the gambling premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge_ this application On behalf of the county, I acknowledge this application and three options for the city: and three options for the county: 1. Approve the application: By taking no action, 1. Approve the application: By taking no action, the the city allows the Board to issue a permit after county allows the Board to issue a permit after 30 days. 30 days (60 days for a first class city). 2• Waive the above -noted waiting period: The county allows the Board to issue a permit before 30 days. 2. Waive the above -noted waiting period: The Documentation attached. city allows the Board to issue a permit before 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). Docu- 30 days. mentation attached Print name of county: 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). (Signature of county personnel receiving application) Print name of city: TiOe Date 9��7R�ti On behalf of the township, I acknowledge that the (Signature of city personnel receiving application) organization is applying for exempted gambling activity '' jj within the township limits. Title Dat 1O l CU A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). • Print name of township: (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signature The information provided in this application is co ple and accu to the best of my knowledge. Chief Executiveof iicer'ssignature Name (please print) J�Lx W"'s C ` �� Date L Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date send: • the completed application; • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South • Roseville, MN 55113 If your application has not been acknowledged by the local unit of government, do not send the application to the Gambling Control Board. Application for Exempt Permit - LG220, Information Sheet 10/98 Who may be issued An exempt permit can be issued to nonprofit organizations conducting lawful gambling • an exempt permit? activity on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. Separate applications Complete a separate application for each occasion. An occasion may be either: required 1. One day of gambling activity. • If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. • If your organization wants to conduct gambling on July 3, 4, and 5 at the same site, you may submit only one application and one fee. If you are conducting a raffle, each day a drawing is held constitutes one day of gambling. If drawings are held on more than five days in a calendar year, your organization must obtain an organization license, a gambling manager's license, and a premises permit. How to Obtain a Copy of Proof of Nonprofit Status Minnesota Secretary of State IRS Income Tax Exemption Certificate of Good Standinq - Nonprofit Articles O R Under a national organization of Incorporation If your organization falls under a national organization, Attach a copy of your organization's Certificate attach both of the following: of Good Standing (317A) showing incorporation 1. a copy of the IRS letter showing that your national as a nonprofit organization. organization has been a registered nonprofit 501(c) organization and carries a group ruling, and This certificate can be obtained from the 2. a copy of the charter, or letter from your national Minnesota Secretary of State: organization, recognizing your organization as a subordinate. Minnesota Secretary of State Not under a national organization - Business Services Division If your organization does not fall under a national 180 State Office Building organization, attach a copy of the IRS income tax St. Paul, MN 55155 exemption [501(c)] letter in the name of your Phone: 651 - 296 -2803 organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your organization initially applied for tax exempt status to: IRS P.O. Box 2508 Room 4010 Cincinnati, OH 45201 Phone: (513) 684 -3957 Sales tax exempt status or federal ID employer numbers are not proof of income tax exempt status. Financial report and • On the first working day of the month in which your gambling activity is being held, the recordkeeping Gambling Control Board will send your organization a financial report form and instructions. required - Complete and return the financial report form to the Board within 30 days of your date of activity. - Your organization must keep your gambling records for 3-1/2 years. Questions? Call the Licensing Section of the Gambling Control Board at 651 - 639 -4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1- 800 -627 -3529 and ask to place a call to 651 - 639 -4000. � CENt BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Polic DATE: January 11, 2000 SUBJECT: Application for Exemption from Lawful Gambling License (Raffle) On January 7, 2000, the Brooklyn Center Police Department received a Minnesota Lawful Gambling Application for Exempt Permit - LG220 from Anoka County Pheasants Forever. This application is for an event to be held at the Earle Brown Heritage Center on March 11, 2000. This application has been approved and will be returned to the Pheasants Forever representative after City Council review. The Pheasants Forever representative 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 • ,y ex s, Page 1 of 2 For Board Use Only Minnesota Lawful Gambling 1= Fee Paid Application for Exempt Permit - LG220 Check No. • Initials Organization Information Received Organization name Previous lawful gambling exemption n umber 1 via \Ge Ca.. �Sc...��s- O �'tJ �r /` — ®�S - 1 Street City State/Zip Code County vin►? SS AA l c� Name of chief executive officer (CEO) of organization Daytime phone number of First name Last name CEO: ( US'( ) (.el(, — 6 - T o Se, 1r! C TT►n Ci/1r Name of teaser of organization Daytime phone number of First name Last name treasurer. ( ) l�e�� 14rs,b 5 Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Re igious ❑ veteran �ttier nonprofit organization Check the box that in the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization • ❑ Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises * where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Address (do not use PO box) City State/Zip Code County _ ___p( 1$S.^ l� �e)w ,n, 17 r:.aR Vic, k.��,.. (re�►lti. 5 S�l3� Date(s) of activity (for raffles, indicate the date of the drawing) 311-- oa Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ❑ *Bingo D'R ❑ *Paddlewheels [3-Pull-Tabs ❑ "Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative Your name and and your organization's name Private data about you are available only to the format (i.e. large print, Braille) upon request The and address will be public information when following: Board members, staff of the Board information requested on this form (and any received by the Board. All the other information whose work assignment requires that they have attachments) will be used by the Gambling that you provide will be private data about you access to the information; the Minnesota Control Board (Board) to determine your until the Board issues your permit When the Department of Public Safety; the Minnesota qualifications to be involved in lawful gambling Board issues your permit, all of the information AttomeyGeneral; the Minnesota Commissioners activities in Minnesota. You have the you right to that have provided to the Board in the of Administration, Finance, and Revenue; the 9 Y refuse to supply the information requested; process of applying for your permit will become Minnesota Legislative Auditor, national and however, if you refuse to supply this information, public. If the Board does not issue you a permit, international gambling regulatory agencies; O the Board may not be able to determine your all the information you have provided in the anyone pursuant to court order, other individuals qualifications and, as a consequence, may refuse process of applying for a permit remains private, and agencies that are specifically authorized by to issue you a permit. If you supply the with the exception of your name and your state or federal law to have access to the information requested, the Board will be able to organization's name and address which will information; individuals and agencies for which process your application. remain public. law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent f 2 ' Application for Exempt Permit - LG220 Page 2 o f . Organization Name �+nb Ct, ��.. ,.� �t \ - � K `�'o -r Local Unit of Government Acknowledgment (Required by Statute) On behalf of the city, I acknowledge this application On behalf of the county, I acknowledge this application and three options for the city: and three options for the county: 1. Approve the application: By taking no action, 1. Approve the application: By taking no action, the - the city allows the Board to issue a permit after county allows the Board to issue a permit after 30 days. 30 days (60 days for a first class city). 2. Waive the above -noted waiting .period: The county . allows the Board to issue a permit before 30 days. 2:. Waive the above -noted waiting period: The Documentation attached. city allows the Board to issue a permit before 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). Docu- 30 days. mentation attached. Print name of county: 3. Deny the application by passing a resolution within 30 days (60 days for a first c lass city). (Signature of county personnel receiving application) Print me of ci ty: j.r h� Title Date (Signature of city personnel receiving application) On behalf of the township, l acknowledge that the Title CI +y CWK organization is applying for exempted gambling activity / r �� within the township limits. Date A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Print name of township: (Signature of township official acknowledging application) Title Date / / Chief Executive Officer's Signature The information provided in this application is complete cln accurate to the best of my knowledge. Chief Executive Officer's signature Name (please print) - -I ascQ X h c, r Date l / 4�_ Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date send: • the completed application; • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota "). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board . 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government, do not send the application to the Gambling Control Board. Application for Exempt Permit LG220, Information Sheet 10198 4 Who may be issued an An exempt permit can be issued to nonprofit organizations conducting lawful gambling activity exempt permit? on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. Separate applications P PP Complete a separate application for each occasion. An occasion may be either. required 1. One day of gambling activity. • If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. • If your organization wants to conduct gambling on Jury 3, 4, and 5 at the same site, you may submit only one application and one fee. If ou are c onducting a raffle each day a drawi is held constitutes one day of gambling. If y con ctl g y g Y 9 9 drawings are held on more than five days in a calendar year, your organization must obtain an organization license, a gambling managers license, and a premises permit. How to Obtain a Copy of Proof of Nonprofit Status ; . . ... ig ,. �. . ..,I< i a.i• >:,:,r 7. <, ,... .u., i!;it .t' >, ,:> :. ,3. >. 1.. r..d...a ! �I:iB'�z' .... .::k sh:Y�url1. "r.�',�. dl:Nr , ;bi!'k::f: ,i'r &.vi!!, ,•:t,d v. 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"• A,.NaZ,..: �!t:: w! , %:I � I `A f> N, €... a,y:i.�..,�1, 'x'ix'x � .3, ::n. .I,!; .i.N..,:!!� !" %.. . 5 .. kj,r s, :.�i.•3",1!, : i u .!,!' .Ai;:. ,� . ,.�! r...!.,., r ' �s� >•d§: >. .;i!;:4.ux. . i.bv >rw'rS ,a.. �... 1 ., u^ frr :; .�u... � '..{' !: �N! � altia�n. ^ °:k1, p. 11. #..',xs':x: , �Xk �!.i rr: u .g g ,� '•:ry :r,!:. 4 a r�� '` ^I+E. . .C. !dGd:,; 4 . r ,r !.p.dN! .. nl' L, k'd..:: r 't ,r ...i, Eu•'., :••,aln .a . 4!r . r, �ri <. �" NA ,vk'rM:Nixlywr !!: .r4 ! L <. %• kN. , ,!i ":•^nN, �.. v.:+ .iN ,.. y v;� n "': g!w qy... ,' >a . r 'tl!1; , .s.ssi:! 'L . ...r . .i'k , i dv %N, .,... .. x.. •r a.s' v. . 3 <r;,!a !r lrrsr: 4 i`3w'� , ..... .,:... „ " !'�' '� Sales tax exempt status or federal ID employer numbers are not roof of income tax exem staffs. `� „ k~A`X~r ". °' x . >,. ' AE ..{� w"W r; it •,:,r` AirN'. . „: €::K't !:: #..:. ; :l r I.S..: A . r �Pli4ff .r..'rs "r +" n ,.:'. i•,.: vik!"..,i vv ":v"�'.;h . y •%:F N.. W , is .i. ..! a•h, >.. >. # � .. . :L, v ..I <Aw:: EE ..rv ah;F. .. �:T. ' " !!r q !' h � 'r. . L.. .. . ..... >, r, r:• -.. ,k;:'sjNnG >s' S.r.ii , Financial report and • On the first working day of the month in which your gambling activity is being held, the Gambling recordkeeping required Control Board will send your organization a financial report form and instructions. • Complete and return the financial report form to the Board within 30 days of your date of activity. • Your organization must keep your gambling records for 3-1/2 years. Questions? Call the Licensing Section of the Gambling Control Board at 651 - 639 -4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1- 800 -627 -3529 and ask to place a call to 651 - 639 -4000. ��ooKIYN C�NrF BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police DATE: January 13, 2000 SUBJECT: Application to Conduct Excluded Raffle Orchard Lane Elementary School On January 13, 2000, the Brooklyn Center Police Department received an Application for • Authorization to Conduct Excluded Raffle from the Orchard Lane PTA. This application is for an event to be held at the Orchard Lane Elementary School on March 3, 2000 This application has been approved and returned to the Orchard 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. Owner ief of Police JD:kh i il�innesota Lawful Gambling Application to Conduct Excluded Raffle - LG240R 3/99 If yourorganization has been licensed or exempted in the current calendaryear, you are not eligible to apply for excluded raffle. • O rganization Information FOR BOARD USE ONLY rnzatio N Proof � ��. 0 n P I Fl S❑ C. ❑ Street O ❑ N ❑ NA ❑ " Coy � � �p� Other Activity Type of nonprofit anization (check one): ❑ Fraternal ❑ veteran ❑ Religious Other nonprofit organization Type of proof of nonprofit - attach a copy (see instructions): E] Certificate of Good Standing - Minnesota Secretary of State's Office ❑ Internal Revenue Service ® Affiliate of Parent nonprofit organization (charter) Excluded Raffle Activity Information Date of raffle drawing ' / / �CX: Total market value of raffle prizes $ (The yal a of all rffie prizes in a year may not exceed $750.) Name of the person in charge of raffle .1 �.1�� t��i ,1 Phone (],Q� �JD V7 Premises Where Excluded Raffle Will Be Conducted Name of Premises Street Address (do not use PO box) ire_ , - • R Cow" Township Chief Execu�Eive Officer's Signature The information provided in this ap cation is complete an accu a to the st of my knowledge. Chief Executive Officer's signature �® , Name (please print) : � n tt A Dat _ /j_�_ &= Mail Application and Attachment(s) Acknowledgment ofGambling Control Board Send the completed application and a copy of your proof of Your request to conduct excluded raffle has been received nonprofit status at least 30 days prior to the activity date to: and is acknowledged by the Gambling Control Board. Gambling Control Board Acknowledged by: Suite 300 South 1711 West County Road B Roseville, MN 55113 Licensing Specialist This form will be made available in alterative format (i.e. large print, of applying for your authorization will become public. If the Board Braille) upon request. The information requested on this forth (and does not issue you an authorization, all the Information you have any attachments) will be used by the Gambling Control Board (Board) provided in the process of applying for an authorization remains private, to determine your qualifications to be involved in lawful gambling with the .exception of your name and and your organization's name activities in Minnesota. You have the right to refuse to supply the and address which will remain public. information requested; however, if you refuse to supply this information, Private data about you are available only to the following: Board the Board may not be able to determine your qualifications and, as a members, staff of the Board whose work assignment requires that consequence, may refuse to issue you an authorization. If you supply they have access to the information; the Minnesota Department of • the Information requested, the Board will be able to process your Public Safety; the Minnesota Attorney General; the Minnesota application. Commissioners of Administration, Finance, and Revenue; the Your name and your organization's name and address will be public Minnesota Legislative Auditor, national and international gambling information when received by the Board. All the other information that regulatory agencies; anyone pursuant to court order, other individuals you provide will be private data about you until the Board issues your and agencies that are specifically authorized by state or federal law permit or authorization. When the Board issues your authorization, all to have amass to the information; individuals and agencies for which of the information that you have provided to the Board in the process law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. Application to Conduct Excluded Raffle - LG240R, Instructions 399 When May an An excluded raffle (without a license) may be conducted by your organization if the total • Excluded Raffle market (retail) value of all raffle prizes awarded in a calendar year does not exceed $750. be Conducted? Completion of Complete the application, and attach proof of your organization's nonprofit status from either Application the IRS or the Minnesota Secretary of State. Minnesota Secretary of State IRS Income Tax Exemption Certificate of Good Standina - Nonprofit Under a national oroanization Articles of Incorporation OR If your organization falls under a national Attach a copy of your organization's organization, attach both of the following: Certificate of Good Standing (317A) 1. a copy of the IRS* letter showing that showing incorporation as a nonprofit your national organization has been a organization. registered nonprofit 501(c) This certificate can be obtained from the organization and carries a group ruling, and Minnesota Secretary of State: 2. a copy of the charter, or letter from your national organization, recognizing your Minnesota Secretary of State Business Services Division organization as a subordinate. 180 State Office Building Not under a national omanization St. Paul, MN 55155 If your organization does not fall under a national organization, attach a copy of the Phone: 651 - 296 -2803 IRS income tax exemption [501(c)] letter in the name of your organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your organization initially applied for tax exempt status to: IRS P.O. Box 2508 Room 4010 Cincinnati, OH 45201 Phone: (513) 684 -3957 Sales_taz or federal l)- employer numbers - are not.proof of income tax exempt status..... . Authorization to - Your application will be acknowledged by signature of the Gambling Control Board staff. Conduct Excluded - A signed copy will be returned to your organization as your authorization to conduct the Raffle activity. - You will not be issued a number for this application. Gambling activity conducted without written authorization from the Gambling Control Board will be referred to the Department of Public Safety, Alcohol & Gambling Enforcement Division. Recordkeeping Your organization must keep your raffle records for 3 -1/2 years. S Questions? Contact the Gambling Control Board at 651 - 639 -4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1- 800 -627 -3529 and ask to place a call to 651- 639 -4000. This form will be made available in alternative format (i.e. large print, Braille) upon request. i KLYN C ��aa NLe BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police DATE: January 13, 2000 SUBJECT: Application to Conduct Excluded Bingo Orchard Lane Elementary School On January 13, 2000, the Brooklyn Center Police Department received an Application for Authorization to Conduct Excluded Bingo from the Orchard Lane PTA. This application is for an event to be held at the Orchard Lane Elementary School on April 13, 2000. This application has been approved and returned to the Orchard 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. J 1 owner Chief of Police JD:kh • Minnesota Lawful Gambling Application to Conduct Excluded Bingo - LG240B If your organization has been licensed or exempted in the current calendar year, you are not eligible to apply for excluded bingo. Organization Information &anizali N� ;7-T . Street :,� Rey:: K.e Stateop A ...... .. . & fit Type of nonpro o allon (check one): - 0 MR: 9 NO ❑ Fraternal Veteran ❑ IN Religious Other nonprofit or anization U`Q0 I S Y; N . 1 1r WT &N 5 Type of proof of nonprofit - attach a copy (see natructions ) : ❑ Certificate of Good Standing - Minnesota Secretary of State's Office ❑ in Revenue Service ... . ..... Affiliate of Parent nonprofit organization (charter) Excluded Bingo Activity Information Has your organization held a bingo event in the current year? No Yes If yes, list the dates that bingo was conducted C heck one: The bingo event will be one of four or fewer bingo events your organization will hold this year. - ; 1. 4 , " % ` \ I � 2 Date(s) of bingo event -OR- The bingo event will be conducted (up to 12 consecutive days) in connection with a: County Fair - Date(s) of bingo event State Fair - Dat6(s) of bingo event Civic Celebration - Date(s) of bingo event Name of the person in charge of the bingo event Daytime Phone Premises ere Excluded Bingo Will Be Conducted Name of Pre"` Street Address � � a01 �c�� 'fie � VI , City County \oe.n Township Be sure to comp4e page 2 Page 1 of 2 2/98 Page 2 of 2 i Application to Conduct Excluded Bingo - LG240B 2198 r� Organization Namel ?" „ 1 (- b CA � n ne _ A Chief Executive Officer's Signature The information provided in this a ication is complete an accurat to the be t of my knowledge. i Chie Executive Offi 9 rs si nature _, x - Name (please prin ?n� A .- Date /_ Local Unit of Governme Acknowledgment and Approval On behalf of the city, I hereby approve this application for excluded bingo activity at the premises located within the city's jurisdiction. Print a of city +nw� V Signature of city pers receiving application Title i �/ �, L o , �1 Date / 10 Kamm Hamm ffm 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 S ignature f t ownship official acknowle a p p lication deny an application (Minn. Stat. sec. 349.213, subd. 2). T o t p g g pp S Title Date / / For the c ounty: 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 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 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application is denied by the local unit of government, do not send the application to the Gambling Control Board. Acknowledgment of Gambling Control Board Your request to conduct excluded bingo has been received and is acknowledged by the Gambling Control Board. Acknowledged by Licensing Specialist Date Questions? Call the Licensing Section of the Gambling Control Board at (612) 6394000. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1- 800 - 627 -3529 and ask to place a call to (612) 639 -4000. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form will become public information when received by the Board, and will be used to determine gambling activities. your compliance with Minnesota statutes and rules governing lawful ga g Application to Conduct Excluded Binqo - LG24013, Instructions 2198 W : a e i� ingoii. W q mi; ioenW)mr�q be;:boiii 0-01 ` d - b - Completion of Complete the application, and attach proof of your organization's nonprofit status from either Application the IRS or the Minnesota Secretary of State. Minnesota Secretary of State IRS Income Tax Exemption .... Certifica of Good. Standino - Nonl2rofi Under a natonal orcaniz Adcles of IncorQgLaWn OR If your organization falls under a national Attach a copy of your organization's organization, attach both of the following: Certificate of Good Standing (317A) 1. a copy of the IRS letter showing that showing incorporation as a nonprofit your national organization has been a organization. registered nonprofit 501(c) organiza- This certificate can be obtained from the tion and carries a group ruling, and Minnesota Secretary of State: 2. a copy of the charter, or letter from your national organization, recognizing your Minnesota Secretary of State organization as a subordinate. Business Services Division 180 State Office Building Not under a national omanizati2a St Paul, MN 55155 If your organization does not fall under a national organization, attach a copy of the Phone: (612) 296-2803 IRS income tax exemption [501 (c)] letter in the name of your organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your organization initially applied for tax exempt status to: IRS P.O. Box 2508 Room 401 Cincinnati, OH 45201 Phone: (513) 684-3957 Mbe - 7-P W . 'Ri q . W , k ut. �! 5111:1 Rip . . . . . . . ....... . . . ..... . . ..: .: "21 .1ii *. v;. anon. . . . . . . . . . . . . . . :i I c al I WE* T I i! 0 ..... ..... IicS ........... Recor dkeeping Your organization must keep your bingo records for 3-1/2 years. EXEMPT AND EXCLUDED ORGANIZATIONS g ..... .. . I ............... ducted, the total awarded for progressive games are not subject to the limits established for bingo occasions. Type of Game Description Prizes th le Mm. _0` '_ %"W. r 9 Cover-all game A bingo game where all spaces on May not exceed $1,000 for all cover-all games played during an the bingo face must be covered. occasion. V U. $2. M . ..: . ...... ... . $300 t W PMIP�M4� ............ ...... . . . . . . . . . . . . . . . . . . ............ ........ ........... ........ . ....... ...... .. ......... ... ............ i i. t . .. .... ... ... . Gambling equipment not allowed as prize Additional information Prizes may not consist of gambling equipment (such as For additional information, you may wish to obtain a copy of pull-tabs, tipboard tickets, raffle tickets, or the Lawful Gambling Manual, an easy-to-use reference guide paddlewheel tickets), except for coupons to redeem for the conduct of lawful gambling, or a copy of statutes and bingo hard cards or bingo paper. rules that govern lawfid gambling. There is a charge for the copies. Contact: Minnesota's Bookstore 117 University Avenue St. Paul, MN 55155 Phone: 1-800-657-3757 or 612-297-3000 W OV. t J=JW ; J::. unleme ........... e .................... ..... ....... are co ... 9 . ......... . ......... .... .... ... .......... ... X . .... ...... . ns"' W KIW-00 M 'd 4 - C C1340 iuy-:�:6 6M riv .. ....... S Vain ".3-4 349 "d - -an , e an ............... .......... U . e .......... be W qV--;:WW ....... ... ........... ........ fim .......... ......... .. ........... ...... ............ .......... ................ ...... ........... .............. iS "...bdwU "must Oii� - d .......... I .......... ...... .. ... ..... .. 2/98 r. Isharediformlexbingo.doc City Council Agenda Item No. 6g MEMORANDUM DATE: January 18, 2000 TO: Michael J. McCauley, City Manager FROM: Michael / Krech, Public Works Specialist/ , SUBJECT: Resolution Approving Change Order No. 1, Improvement Project No. 1999 -19, Contract 99 -M, Rehabilitation of Wellhouse Nos. 5 & 6 On September 27, 1999, the City Council awarded a contract to Municipal Builders, Inc. for remodeling Wellhouses #5 & #6. The awarded contract amount was $193,600.00. Funding for the construction is being provided by the Water Utility Fund. Change Order Number 1, in the amount of $10,131.00 is for additional labor time, materials, and extra work that was not anticipated at the time plans and specifications were completed. The additional work included temporary shoring of the existing ceilings while the roof was removed. During demolition it was discovered that the ceiling was integrated with hand framed roof trusses. This could not have been anticipated during design. Other items included foundation • insulation, a redesigned lintel and higher than expected building permit costs. Two fiberglass doors were added to the plans, one for each wellhouse chemical room. The fiberglass doors will not rust and will eliminate the future maintenance of replacing steel doors. A resolution approving Change Order No. 1 in the amount of $10,131.00 is provided for Council pp g p consideration. • . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NO. 1999 -19, CONTRACT 99 -M, REHABILITATION OF WELLHOUSE NOS. 5 & 6 WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Municipal Builders, Inc. is completing the following improvement in accordance with said contract: Improvement Project No. 1999 -19, Contract 199 -M, Rehabilitation of Wellhouses #5 and #6 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 1 is hereby approved. 2. Project costs and revenues are hereby amended as follows: COSTS As Amended Per Low Bid As Amended Per Change Order No.1 Contract $193,600.00 $193,600.00 Contingency / Change Orders $4,000.00 $10,131.00 • Subtotal $197,600.00 $203,731.00 Admin/Legal /Engr. $16,000.00 $16,000.00 Total Estimated Project Cost $213,600.00 $219,731.00 .REVENUES Water Utility Fund $213,600.00 $219,731.00 Total Estimated Revenue $213,600.00 $219,731.00 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member O 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. 6b • MEMORANDUM DATE: January 19, 2000 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer 79 SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 1999- 12, Contract 1999 -B, Lift Station Nos. 8 & 9 Replacement Summary Explanation Bids for Contract 1999 -B, were received and opened on January 19, 2000. This Contract provides for replacement of Lift Stations 8 and 9. The bidding results are tabulated as follows: Bidder Bid Opened Amount Corrected Total Barbarossa and Sons, Inc. $391,868.00 Northdale Construction $413,948.29 • Penn Contracting, Inc. $441,200.00 $440,920.00 Lametti and Sons $554,645.02 $555,948.02 Of the four (4) received, the lowest bid of $391,868.00 was submitted by Barbarossa and Sons, Inc. The Engineer's Estimate for the project was $400,000.00. Barbarossa and Sons, Inc. has proven experience in performing all of the requirements included in this contract. Accordingly, staff recommends acceptance of the low bid and award of the contract to Barbarossa and Sons, Inc. of Osseo, Minnesota. Project costs are programmed to be funded from the Sanitary Sewer Utility fund. Bids for this Project were previously received and opened in August of 1999. At that time, the bid amounts received were higher than expected, and the timing of the bid opening in relation to finishing the project before winter was believed to have perhaps limited the competitiveness and cost effectiveness of the bids. It was therefore decided at that time to reject the bids and re -bid at a later date. This also allowed staff some additional ability to further refine the specifications. The bid results received on January 19, 2000 were slightly better; the low bid in August of 1999 was $409,480, a savings of $17,368.00. Recommended City Council Action Approve the attached resolution accepting the low bid and awarding a contract to Barbarossa and Sons, Inc. • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1999 -12, CONTRACT 99 -B, LIFT STATION NOS. 8 & 9 REPLACEMENT WHEREAS, pursuant to an advertisement for bid for Improvement Project No. 1999 -12, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 19th day of January, 1999. Said bids were as follows: Bidder Bid Opened Amount Corrected Total Barbarossa and Sons, Inc. $391,868.00 Northdale Construction $413,948.29 Penn Contracting, Inc. $441,200.00 $440,920.00 Lametti and Sons $554,645.02 $555,948.02 WHEREAS, it appears that Barbarossa and Sons, Inc. of Osseo, Minnesota is the lowest responsible bidder; and WHEREAS, Barbarossa and Sons has been recommended by the City Engineer to be awarded a contract with the City of Brooklyn Center for Improvement Project No. 1999 -12. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Barbarossa and Sons, Inc. of Osseo, Minnesota, in the name of the City of Brooklyn Center, for Improvement Project No. 1999 -12, Contract 99 -B, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract is signed. 3. The project cost and financing is hereby established as follows: COSTS As Bid Contract $391,868.00 Contingency(10 %) $ 39,187.00 Engineering $ 30,000.00 Administration, Contingency $ 10.000.00 • Total $471,058.00 RESOLUTION NO. REVENUES Sanitary Sewer Utility $471.058 Total $471,058 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. 7a MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: January 19, 2000 SUBJECT: Recommending of the Financial Commission to the City Council for Enterprise Funds Cash Balance Targets The City Council requested that the Financial Commission review the enterprise funds and recommend cash balance targets to be considered when adopting the annual budget. The Financial Commission considered this issue at its meetings on March 16, 1999, October 7, 1999, November 18,1999, and on January 13, 2000. A subcommittee composed of Commissioners Gavin Wilkinson and Mark Nemec worked on a draft version of the document. The following excerpts from the minutes of the November 18, 1999 meeting record the Financial Commission's recommendation to the City Council. "Discussion of En terprise Funds Cash 130apce Tar gets. Gavin Wilkinson and Mark Nemec reported that they had met with Charlie Hansen as a subcommittee to review the draft cash balance targets. Their goals were to set cash balances as low as possible while providing for operating cash needs and capital reserves to protect taxpayers from a shock in the event of emergency repairs to capital assets. Efforts were made to strive for consistency where appropriate given the differences in the enterprise funds. Targets set as percentages were favored over specific dollar amounts when possible. The draft targets were reviewed by fund. It was noted that the targets are currently expressed as a memo from the finance director to the city manager and contain illustrations and examples from the December 31, 1998 balance sheet. The form of the document should be revised and date specific references removed prior to its presentation to the City Council. A motion was made by Commissioner Larry Peterson to approve the draft Enterprise Funds Cash Balance Targets and recommend them to the City Council. Commissioner Jerry Blamey seconded the motion and all members voted in its favor." Commissioners Gavin Wilkinson and Mark Nemic are planning to attend the January 24, 2000 City Council meeting to present the Financial Commission's recommendation. • CITY OF BROOKLYN CENTER Enterprise Funds Cash Balance Targets The City of Brooklyn Center identified a need during the budget process to develop targets for the cash balances to be maintained in each of the City's enterprise funds. These targets are intended to provide the cash needed for future operational and capital needs of each 'fund and establish a benchmark for evaluating the fund's current performance. The City's auditors have often cited the accumulated depreciation as a valid benchmark for cash. Even when cash equal to accumulated depreciation is maintained, it typically only pays for part of the cost of a replacement asset due to the effect of inflation since the original asset was purchased. While accumulated depreciation is a good starting point, some enterprise funds have different operating or capital needs which require further development of a benchmark. If the pattern of operating revenues and expenses are uneven throughout the year, they may create a period during which expenses are paid out without matching revenues. A cash balance is needed to carry through this period. If the capital needs of an enterprise fund are being met on a pay as you go method, but they are paid out in the opening months of a year, the cash must be on hand at the end of the preceding year. In other cases, a particular fund might build up cash for several years in anticipation of a large capital project. These circumstances may create a need for cash balances which are larger than the accumulated depreciation. Other times, it is the intent of the City that certain capital projects will be funded by means of bond issues when, and if, they are replaced. In these cases, it may not be appropriate in include accumulated depreciation on these assets in the target for cash balances. The particular circumstances of each enterprise fund are discussed as follows: Certain of the factors in the various fund targets are identified as percentages and others as specific dollar amounts. The specific dollar amounts will need to be revised periodically in future years for inflation. • LIQUOR FUND The liquor stores have high and low points in their business cycle. However, the revenues and expenses rise and fall in sync during the cycle. This eliminates the need for any special allowances for operating cash flows. Capital needs in most years are modest compared to operations. For large capital needs, such as a building, it will be possible to issue revenue bonds. Capital needs can therefore be handled on an exception basis rather than factored into every year's target calculation. However, the City Council has stated that some cash should currently be built up in anticipation of building needs. The one circumstance which does call for special handling is accounts payable. The Liquor Fund is at the mercy of its vendors to control the timing of invoices at year end. Some years, the vendors get invoices for most December inventory purchases to the City in December and they must be paid in December to receive cash discounts. This minimizes the balances of cash and accounts payable. Other years the vendors are slow to invoice the City. The December inventory purchases show up as accounts payable and cash remains on the books until invoices are paid in January. This fluctuation is beyond the control of the City. Given all of these factors, I recommend a benchmark for the Liquor Fund which is that cash should equal accounts payable plus at least 50% of accumulated depreciation. • GOLF COURSE The Golf Course cash balance was addressed in 1997 and a plan adopted as part of the 1998 Annual Budget. This plan partially resolved the issue by making the $1,150,000 loan be interest free, repaying the loan over 20 years, and by planning that $20,000 per year would be set aside as a capital reserve. The cash in the reserve could be spent each year on capital needs, or if not spent, would be held in the reserve for future needs. However, the plan was basically silent on the question of what cash the Golf Course should have on hand other than the capital reserve. Business at the Golf Course is highly cyclical, with most revenues collected in five months spanning May through September. Expenses occur throughout the year with a concentration during May through September. Virtually no revenues are collected in the January through March time period. A cash balance equal to 15 % of the budgeted revenues would be sufficient to cover expenses through the first three months of the year. The goal should be to have cash on hand equal to the capital reserve plus 15 % of the next year's budgeted revenues for operations. • EARLE BROWN HERITAGE CENTER . A goal is difficult to identify until there is a stable series of years in which operating sufficiencies are achieved. The auditor's standard of cash equal to accumulated depreciation is unworkable due to the large amount of contributed assets which the EBHC isn't expected replace on its own. This target should be revisited when the EBHC operations become more stable. WATER UTILITY FUND The auditor's standard of accumulated depreciation would require an unreasonably large cash balance. Certain large structures, such as water towers, will be financed by the sale of bonds when they need replacement. Other assets, such as water mains and lines, are being financed out of the surplus of operating revenues over operating expenses each year. This is shown on the utility rate study as "Available Capital Contribution" and runs about $400,000 per year. The fund should have cash on hand which will include a working capital for operations component and a capital reserve component. The working capital for operations component should equal 10% of the next year's budgeted revenues. The capital reserve component of cash should provide for an emergency repair which would have to be done immediately and wouldn't be covered by insurance. Such a repair could be the collapse of a well. The Engineering Department estimates that replacing a well could cost $1,500,000. These factors result in a cash balance need of $1,650,000 for the Water Utility Fund. SANITARY SEWER FUND The auditor's standard of accumulated depreciation would require an unreasonably large cash balance. Assets such as lift stations and sewer mains and lines are being financed out of the surplus of operating revenues over operating expenses each year. This is shown on the rate study as "Available Capital Contribution" and runs from about $360,000 up to $790,000 per year. The fund should have cash on hand which will include a working capital for operations component and a capital reserve component. The working capital for operations component should equal 10% of the next year's budgeted revenues. The capital reserve component of cash should provide for an emergency repair which would have to be done immediately which wouldn't be covered by insurance. Such a repair could be the failure of a major lift station. The Engineering Department estimates • that replacing one could cost $500,000. These factors result in a cash balance need of $750,000 for the Sanitary Sewer Fund. STORM DRAINAGE FUND This fund is operationally quite different from the previous two utilities. Its operating expenses represent a comparatively small percentage of its revenues. The large operating surplus is used to fund major capital outlay projects and debt service on bonds. It currently has a relatively small amount of accumulated depreciation, but over the long term that will grow to be comparable to the sanitary sewer fund's accumulated depreciation. The fund should have cash on hand which will include a working capital for operations component and a debt service component. The available capital contribution is derived from a full year's operations. Most capital projects are undertaken during the summer and may be complete before revenues of the fourth quarter are collected. The fund should have operating cash for working capital needs equal to 25 % of the next year's budgeted revenues. The debt service component must provide for principal and interest debt service payments on bonds which are due on February 1 of each year. This requires that $240,000 be on hand on December 31 of the preceding year. These factors result in a cash balance need of $510,000. • RECYCLING FUND The services of this fund are provided by an outside contractor. Revenues from customers and payments to the contractor happen at a very steady rate throughout the year. The fund has no capital assets to depreciate or replace. Rates are currently set with the objective of breaking even. The fund should have operating cash for working capital needs equal to 20% of the next year's budgeted revenues. This would presently represent a cash balance of $43,000. • City Council Agenda Item No. 8a 1 City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Memb Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: January 21, 2000 Re: Exhibit A to Resolution Approving Redevelopment Agreement Attached is the Exhibit for the Resolution in City Council Agenda Item 8a2 and the EDA Agenda. Item 4b. 6301 • Shangle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall &TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer . 1 DEVELOPMENT AGREEMENT BY AND BETWEEN BROOKLYN ECONOMIC DEVELOPMENT AUTHORITY AND TALISMAN BROOKDALE, LLC This document drafted by: BRIGGS AND MORGAN (MMD) Professional Association 2200 West First National Bank Building St. Paul, Minnesota 55101 988288.6 TABLE OF CONTENTS Paae RECITALS . . . . . . . . . . . . . . . . . . . . . . 1 '__ARTICLE I - DEFINITIONS . . . . . . . . . . . . . . 2 Section I.I. Definitions . . . . . . . . . . . . . . 2 ARTICLE II - REPRESENTATIONS AND WARRANTIES 5 Section 2.1. Representations and Warranties of Authority . . . . . . . . . . . . . 5 Section 2.2. Representations and Warranties of the Developer. . . . . . . . . . . . . . . 5 ARTICLE III - CONSTRUCTION OF MINIMUM IMPROVEMENTS . . 8 Section 3.1.." Construction of Minimum Improvements . . 8 Section 3.2. Construction Plans . . . . . . 8 Section Commencement and Completion of Construction . . . . . . . . 9 Section 3.4. Certificate of Completion . . . . . . . . . 9 Section 3.5. Daytons Minimum Improvement . . . . . . 10 ARTICLE IV - ASSESSMENT AGREEMENT . . . . . . . . . . 11 Section 4.1. Execution of Assessment Agreement 11_ Section 4.2. Real Property Taxes 11 ARTICLE V - DAMAGE, DESTRUCTION OR CONIDMWATION . . . . . . . 13 Section 5.1. Damage, Destruction or Condemnation . . . 13 ARTICLE VI -. TAX INCREMENT ASSISTANCE; PAYMENTS TO AUTHORITY 14 Section 6.1. Preconditions to Issuance of Tax Increment Note . . . . . . . . . . . . 14 Section 6.2. Tax Increment Revenue Note . . . . . . 15 Section 6.3. Use of Tax Increments . . . . . . . 16 Section 6.4. Business Subsidy Act. . . . . . . . . 16. Section 6.5. Payments to Authority . . . . . . . . . . 17 Section 6.6. Tax Deferrals or Abatements . . . . . . 18 ARTICLE VII - PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER; INDEMNIFICATION . . . . 19 Section 7.1. Status of Developer; Transfer of Substantially All Assets . . . . . . . . 19- Section 7.2. Prohibition Against Transfer of Property and Assignment of Agreement . . . . . 19 Section 7.3. Approvals . . . . . . . . . . . . . 20 ARTICLE VIII - EVENTS OF DEFAULT . . . . . . . . . 22 Section 8.1. Events of Default Defined . ... . . . . 22 Section 8.2. Remedies on Default . . . . . . . . 23 Section 8.3. No Remedy Exclusive 24 Section 8.4.. No Implied Waiver . . . . . . . . . . 24 988288.6 Section 8.5. Agreement to Pay Attorney's Fees and Expenses . . . ... . . . . . . . . . . 24 Section 8.'6. Indemnification of Authority and City 24 ARTICLE IX - ADDITIONAL PROVISIONS . . . . . . . . . . 26 Section 9.1. Restrictions on Use. 26 Section 9.2. Conflicts of Interest 26 Section 9.3. Titles of Articles and Sections . . 26 Section 9.4. Notices and Demands . . . . . . . . * . . 26 Section 9.5. Counterparts . . . . . . . . . . . . . . . . 27 Section 9.6. Law Governing . . .. . . . . . . . . . 27 Section'9.7. Expiration . . . . . . . 27 Section 9.8. Provisions Surviving Rescission or Expiration 27 EXHIBIT A - Legal Description of Tax Increment Financing District No. 03 . . . . . . . . . . . . . . . A -1 EXHIBIT B - Legal Description of Development Property B -1 EXHIBIT C - Description of Eligible Improvements C -1 EXHIBIT D - Description of Minimum Improvements . . . . . . . D -1 EXHIBIT E - Description of Daytons Minimum Improvements E -1_ EXHIBIT F - List of Eligible Tenants ... . . . . . . . F -1 EXHIBIT G - Certificate of Completion . . . . . . . . . . G -1 EXHIBIT H - Assessment Agreement . . . . . . . . . . . . . . H -1 EXHIBIT I - Form of Tax Increment Note . . . . . . . I -1 EXHIBIT J — Legal Description of Adjacent Development Property . . . . . . . . . . . . . . . . . . . . J -1 EXHIBIT K - Daytons Lease . . . . . . . . . . ... . . . . .. . K -1 988288.6 D1/14/00 FRI 16:25 FAX 305 6629616 TALISMAN COMPANIES LLC Q002 .a 3 DEVELOPMENT AGREEMENT .THIS AGREEMENT, made as of the day of , 2000, by and between the Brooklyn Center Economic Development - Authority, Minnesota (the "Authority "), a body corporate and politic organized and existing under the laws of the State of Minnesota and Talisman Brookdale, LLC, a - DZL � limited liability company (the "Developer "), WITNESSETH: WHEREAS, pursuant to Minnesota Statutes, Sections 469.001 to 469.047, the Authority has formed Redevelopment Project No. 1 (the "Redevelopment Project") and has adopted a redevelopment plan therefor (the "Redevelopment Plan "); and WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.179, as amended, (hereinafter the "Tax Increment Act "), the Authority has created Tax Increment Financing District No. 03 as a redevelopment district (the "Tax Increment District "), the legal description of which is attached hereto as Exhibit A, and has adopted a tax increment financing plan therefor (the "Tax Increment Plan ") which provides for the use of tax increment financing in connection with development within the Redevelopment Project; and WHEREAS, in order to achieve the objectives of the Redevelopment Plan and particularly to make the land in the Redevelopment Project available for development by private enterprise in conformance with the Redevelopment Plan, the Authority has determined to assist the Developer with the public cost of the Minimum Improvements (as hereinafter defined) to be constructed on certain property within the Tax Increment District - as more particularly set forth in this Agreement; and WHEREAS, the Authority believes that the Minimum Improvements, and fulfillment of this Agreement are in the best interests of the City of Brooklyn Center, and in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Minimum Improvements have been undertaken. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 988288.6 ARTICLE I DEFINITIONS Section 1.1. Definitions All capitalized terms used and not otherwise defined herein shall have the following meanings - __unless a different meaning clearly appears from the context: Agreement A , greemen t means this Agreement, as the same may be from time to time modified, amended or supplemented; Adjacent D y_lnpment Property means the land legally described on Exhibit J attached hereto; Anchor Tenant means Daytons, Penny's, Mervyn's, Sears and Kohls; Assessment- Agreement- means the agreement substantially in the form attached hereto as Exhibit F and made a part of this Agreement, among the Developer, the City and the Assessor for the City, entered into pursuant to Article IV of this Agreement; Assgesso -r' s Minimum Mar ket- Vale , means the agreed minimum market value of the Development Property for calculation of real property taxes as determined by the assessor for the City _ pursuant to the Assessment Agreement; _ Authority means the Brooklyn Center- Economic Development Authority; Ce • i f i . ratp. o Completion means the certification in substantially the form attached hereto as Exhibit G and made a part of this Agreement to be provided by the Authority to the Developer pursuant to Section 3.4 of this Agreement; -City means the City of Brooklyn Center, Minnesota; Constrii Plans means the plans, specifications, drawings and related documents of the construction work to be performed by the Developer on the Development Property. The'plans (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City, and (b) shall include at least the following: (1) site plan; (2)*site.grading and drainage plans; (3) foundation plan; (4) basement plans, if any; (5 ) floor plan for each floor; ( 6 ) cross sections of each (length and width); (7) elevations .(all sides) and (8) landscape plan; - County means Hennepin County, Daytons Mini mum Im provements means the remodeling of the existing Dayton's located on the Adjacent Development Property as- more particularly described on Exhibit E attached hereto; 488288.6 2 - - rd r _ 01/14/00 FRI 16:26 FAX 305 6629616 TALISMAN COMPANIES LLC Z 003 4 3 Developer means Talisman Brookdale, LLC, _ a FrLo x 10 it limited liability company, its successors and assigns; . yg Devel.opmen PrQ2e;i means the land legally described on Exhibit B attached hereto; R1 i gible Improve em nts means the acquisition of parcels containing buildings which are structurally substandard, and any adjacent parcels necessary to provide a site of sufficient size to permit development, relocation of utilities, construction of .� parking improvements, soil correction, demolition, and rehabilitation of structures, and site preparation undertaken on the Development Property in connection with the Minimum Improvements as further described on Exhibit C attached hereto, b provides evidence but only to the extent the Developer pr ide nce satisfactory to the Authority that such activities satisfy the requirements Section 469.176 subd. 4• qu of Minnesota Statutes, , Eligible e*+ar+ s mean the retail businesses listed on Exhibit F attached hereto, or retail business of the same or a similar quality acceptable to the Authority as evidenced by a written acceptance executed by the Authority; Even of , & = means any of the events described in Section 8.1; . Final Payment Data means the earlier of (a) the date all principal and accrued interest is paid on the Note, or (b) 45 days after the City receives from the County the second installment of property taxes for the taxes payable year 2007; Minimum Improvements means the reconfiguration of the Brookdale Mall and the creation of open spaces and other improvements as more particularly described on Exhibit D attached hereto; Note Paymen Date means 45 days after the City receives the • property tax settlements from the County, commencing with the first property tax settlement in the taxes payable year 2003, and continuing through the Final Payment Date; groipc:t means the buildings and improvements located on the Development Property, including the Minimum Improvements to be constructed thereon; St ate means the State of Minnesota; Tax Tn crement Ac_ means Minnesota Statutes, Sections 469.174 through 469.179, as amended; Tax Inc rement District means Tax Increment Financing District No. 03 legally described in Exhibit A attached hereto 9eeaae 3 r Ir and qualified as a redevelopment district under the Tax Increment Act; Tax Increment Financing Plan means the plan approved for the Tax Increment District, Tax I c.re Note or Note means the tax increment note in substantially the form attached hereto as*Exhibit I; Tax Increments means any tax increments derived from the Development Property and Adjacent Development Property which have been received and retained by the Authority in accordance with the provisions of Minnesota Statutes, Section 469.177, or otherwise pursuant to the Tax Increment Act; Termination Date means the Final Payment Date; Unavoidabl P Del.ava means delays, outside the control of the party claiming its occurrence, which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Project, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, directly results in delays, or acts of any federal, state or local governmental unit (other than the Authority or the City) which directly result in delays. - 988288.6 4 01/14/00. FRI 16:26 FAX 305 6629616 TALISMAN COMPANIES LLC 01004 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1. Representationg and W arranti_z q cif thq =- Authority. The Authority makes the following representations and warranties: (1) The Authority is a body corporate and politic of the State of Minnesota and has the power to enter into this Agreement and carry out its obligations hereunder. (2) The Tax Increment District is a "redevelopment districts within the meaning of Minnesota Statutes, Section 469.174, Subdivision 10 and was created, adopted and approved in accordance with the terms of the Tax Increment Act. (3) The development contemplated by this Agreement is in conformance with the objectives set forth in the Redevelopment Plan. (4) To finance the costs of the activities to be undertakers on the Development Property, the Authority proposes-to, subject to the further provisions of this Agreement, apply Tax Increments, among other things, to reimburse the Developer for a portion of the costs of the Eligible Improvements. (5) The Authority has requested Hennepin County to certify the original tax capacity of the Tax Increment District. Section 2.2. Rerr sentat ions and Warra .ies of tl Developer The Developer makes the following representations and warranties: (1) The Developer is a limited liability company duly incorporated under the laws of the State of ol2i.� A3 is in good standing and duly authorized to conduct its business in the State of Minnesota and other states where its activities require such authorization, has the power to enter into this Agreement, and to use the Project for the purpose set forth in this Agreement and by proper corporate action has authorized the execution and delivery of this Agreement. (2) The Developer will construct the Minimum'Improvements, and will operate and maintain the Project in accordance with 'the terms of this Agreement, the Development Program and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations), except for variances necessary to construction the Minimum Improvements contemplated in the Construction Plans approved by the.City. asa�ee e � k (3) The construction of the Improvements would not be undertaken by the Developer, and in the opinion of the Developer would not be economically feasible within the reasonably foreseeable future, without the assistance and benefit to the Developer provided for in this Agreement. (4) The Developer will obtain, or cause to be obtained, in a timely manner, all required licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations-which must be obtained or met before the Minimum Improvements may be lawfully constructed.. (5) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or-compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provision of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (6) The Developer will provide and maintain or cause to be maintained at all times and, from time to time at the request of the Authority, furnish the Authority with proof of payment of premiums on insurance of amounts and coverages normally held by businesses engaged in activities simila.z to those of the Developer. (7) The Developer has not received any notice from any local, state or federal official that the activities of the Developer, or that the Development Property may or will be in violation of any environmental law or regulation. The Developer is not aware of any state or federal claim filed or planned to be filed by any party relating to any violation of any local, state or federal environmental law, regulation or review procedure, and the Developer is not aware of any violation of any local, state or federal law, regulation or review procedure which would give any person a valid claim under the Minnesota Environmental Rights Act or other state or federal environmental statute. (8) The Developer will cooperate fully with the City and the Authority with respect to any litigation commenced with - respect to the Project. (9) The financing commitments which the Developer has obtained to finance construction of the Minimum Improvements, together with financing provided by - - the Authority pursuant to this Agreement, will be sufficient to enable the Developer to successfully complete the Minimum Improvements in conformance with the Construction Plans. 988288.6 6 (10) The Developer will cooperate fully with the City and the Authority in resolution of any traffic, parking, public nuisance, or public safety problems which may arise in connection with the construction and operation of the Project. (11) The Developer will expend at least $50,000,000 on the - _.capital costs of construction of the Minimum Improvements, payments to the owners of the Anchor Tenants for remodeling costs, acquisition of the Penny's store, and demolition costs of Development Property or Adjacent Property, which costs are exclusive of equipment or other personal property and any "soft costs" such as architectural, engineering, management, administrative overhead, financing and legal costs. (12) The construction of the Minimum Improvements will commence on or before March 1, 2000, and barring Unavoidable Delays, the Minimum Improvements will be substantially completed by March. 15, 2002. Notwithstanding the foregoing, the Developer represents that the Development Property will have a market value of at least $45,000,000 as of January 2, 2002. (13) The Developer has received assurances from the owner of the Daytons store located on the Adjacent Development Property that the construction of the Daytons Minimum Improvements will commence or before December 1, 2000, and barring Unavoidable Delays, the Daytons Minimum Improvements will be substantially completed by June 30, 2002. Notwithstanding the foregoing, the Developer represents that the Adjacent'.Development Property will have a market value of at least $30,000,000 as of January 2, 2002. (14) No part of the Development Property shall be leased or used as for an adults =only entertainment center, adults only bookstore,.adults -only motion picture theater, massage parlor, rap parlor or sauna, and the Developer covenants and agrees that its objective in developing the Development Property include the preservation of a wholesome and first class, quality image for the Development Property and Developer shall not cause the Development Property to be used for any event or other purpose which is inconsistent with decency and good taste. 988288.6 7 i r ARTICLE III CONSTRUCTION OF MINIMUM IMPROVEMENTS Section 3.1. Construction of Minimum Improvements The Developer agrees that it will construct the Minimum Improvements - __on the Development Property in conformance with the approved Construction Plans. The Developer agrees that the scope and scale of the Minimum Improvements to be constructed shall not be significantly less than the scope and scale of the Minimum Improvements as detailed and outlined in the Construction Plans and Exhibit D hereof. Section 3.2. Construction Plans The Developer shall provide the Authority with Construction Plans, which shall be subject to approval by the Authority as provided in this Section 3.2. The Construction Plans shall provide for the Minimum Improvements to be constructed on the Development Property, and shall be in substantial conformity with the Redevelopment Plan, this Agreement, and all applicable state and local laws and regulations. The Authority shall approve the Construction Plans in writing if: (a) the Construction Plans conform to the terms and conditions of this Agreement; (b) the Construction Plans substantially conform to the terms and conditions of the Redevelopment Plan; (c) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (d) the Construction Plans awe adequate for purposes of this Agreement to provide for the construction of the Minimum Improvements; and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the'Cbnstruction Plans pursuant to this Section 3.2 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the Authority or the City with respect to any building, zoning or other ordinances or regulation of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Construction Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. Such Construction Plans must be rejected in writing by the Authority within fifteen (15) days of submission or shall be deemed to have been approved by the Authority. If the Authority rejects the Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within thirty (30) days after receipt by the Developer of written notification of the rejection, accompanied by a written statement of the Authority specifying the respects in which the Construction Plans submitted by the Developer fail to conform to the requirements of this Section 3.2. The provisions of this Section 3.2 relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority; provided, however, that in any event the Developer shall submit Construction Plans which are approved by the 988288.6 8 r � Authority prior to commencement of construction of the Minimum Improvements. Approval of the Construction Plans by the .Authority shall not relieve the Developer of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Construction Plans by the Authority be deemed to constitute a waiver of any Event of Default. If the Developer desires to make any material change in the Construction Plans after their approval by the Authority, the Developer shall submit the proposed change to the Authority for .its approval. If the Construction Plans, as modified by the proposed change, conform to the approval criteria listed in this Section 3.2 with respect to the original Construction Plans and do not constitute a material modification to the scope, size, materials or use of the Minimum Improvements or to the site plan therefor, the Authority shall approve the proposed change. Such change in the Construction Plans shall be deemed approved by the Authority unless rejected in writing within ten (10) days by the Authority with a statement of the Authority's reasons for such rejection. Section 3.3. Commencement an Comp letion of Co nstruction . Subject to Unavoidable Delays, the Developer shall commence construction of the Minimum Improvements by March 1, 2000, or on such other date as the parties shall mutually agree in writing. Subject to Unavoidable Delays,'the Developer shall have substantially completed the construction of Minimum Improvements by March 15, 2002. Time lost as a result of Unavoidable Delays shall be added to extend this date beyond March 15, 2002, a number.of days equal to the number'of days lost as a result of Unavoidable Delays. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Development Property shall be in conformity with the Construction Plans as submitted by the Developer and approved by the Authority. Section 3.4. Certificate of Completion Promptly after the Developer has demonstrated to the reasonable satisfaction of'the Authority that the Minimum Improvements have been completed in accordance with the provisions of this Agreement, including the Construction Plans approved by the Authority, the Authority will furnish the Developer with a Certificate of Completion, in substantially the form set forth in Exhibit G attached hereto. Such Certificate of Completion shall be a conclusive determination of satisfaction of the agreements and covenants in this Agreement with respect to the obligations of the Developer to construct the Minimum Improvements. If the Authority shall refuse or fail to provide a Certificate of Completion in accordance with the provisions of this Section 3.4, the Authority shall, within ten (10) days after 988288.6 9 written request by the Developer, provide the Developer with a written statement indicating in adequate detail in what respects the Developer has failed to complete the Minimum.Improvements in accordance with the provisions of this Agreement, or is otherwise in default under the terms of this Agreement, and what measures or acts it will be necessary, n the opinion of the Authority, thory, - _for the Developer to take or p perform in order to obtain such Certificate of Completion. The Authority have the right to inspect all of the books and records of the Developer to verify the accuracy of the representations made by the Developer in Section 2.2(11) and 6.1 hereof. Section 3.5. Daytons Minimum Im nroveme=. The Developer represents to the Authority that it has received assurances from the owner of the Daytons store located on the Adjacent Development Property that the owner of the Dayton's store will construct the Daytons Minimum Improvements on the Adjacent Development Property by June 30, 2002, at a cost of at least $8,000,000, and that as a result thereof the combined market value of the Development Property and the Adjacent Development Property will be at least $75,000,000 as of January 2, 2002. The Developer understands that the Authority will not issue the Tax Increment Note unless and until the Authority receives evidence satisfactory to the Authority that the Daytons Minimum Improvements have been completed and that the Development Property and the Adjacent Development Property have a combined market value of at least $75,000,000. 988288.6 10 , Y f ARTICLE IV ASSESSMENT AGREEMENT Section 4.1. Execution of Assessment Agreement The Developer agrees to, and with the Authority shall execute an _Assessment Agreement in substantially the form attached hereto as - Exhibit H as authorized by Minnesota Statutes, Section 469.177, Subdivision 8, which specifies the Assessor's Minimum Market Value for the Development Property and the improvements located thereon and the Minimum Improvements for calculation of real property taxes. Specifically, the Developer shall agree to a market value for the Development Property which will result in an assessed value as of January.2, 2002), of not less than $45,000,000 (the Assessor's Minimum Market Value). Nothing in the Assessment Agreement shall limit the discretion of the assessor to assign a market.value to the Development Property in excess,of such Assessor's Minimum Market. Value nor prohibit the Developer from seeking through the exercise of legal or administrative remedies a reduction in such market value for property tax purposes, provided however, that the Developer shall not seek a reduction of such market value below the Assessor's Minimum Market Value in any year so long as the Assessment Agreement shall remain in effect. The Assessment Agreement shall remain in effect until December 31, 2007, for taxes payable through the year 2007 (the "Termination Date "). The Assessment Agreement shall be certified by the Assessor for the -City as provided in Minnesota Statutes, Section 469.177, Subdivision 8, upon a finding by the Assessor that the Assesscor's Minimum Market Value represents a reasonable estimate based upon the plans and specifications for the Minimum Improvements to be constructed on the Development Property and the market value previously assigned to the'Development Property. Pursuant to Minnesota Statutes Section 469.177, Subdivision 8, the Assessment Agreement shall be filed for record in the office of the county recorder or registrar of titles of Hennepin County, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Development Property, whether voluntary or involuntary, and such Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of the any mortgage of the Development Property. Section 4.2. Beal Property Taxes (1) The Developer acknowledges that it is obligated under law to pay all real property taxes payable with respect to the Development Property and pursuant to the provisions of the Assessment Agreement and any other statutory or contractual duty that shall accrue subsequent to the - -date of its acquisition of title to the Development Property and until the Developer's obligations have been assumed by any -other person with the 988288.6 11 I L written consent of the Authority and pursuant to the provisions of this Agreement. .. (2) The Developer agrees that prior to the Termination Date: (a) It will not seek administrative review or review of the applicability of any tax statute relating to the taxation of real property constituting the Development Property determined by any tax official to be applicable'to the Development Property or the Developer or raise the inapplicability of any such tax as a.defense in any proceedings, including delinquent tax proceedings; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax; (b) It will not seek administrative review or.judicial review of the constitutionality of any tax statute relating to the taxation of real property contained on the Development Property determined by any tax official to be applicable'to the Development Property or the Developer or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax; (c) It will not seek any tax deferral or abatement, either presently or prospectively _authorized under Minnesota Statutes, Section 273.86, or any other state or federal law, of the taxation of real property constituting the -Development Property between the date of execution of this Agreement and the Termination Date. (3) The Developer agrees that the provisions set forth in paragraph (2) above shall be included in every lease or operating agreement covering any portion of the Development Property, which provisions will bind the tenant or operator with respect to such provisions. 988288.6 12 7 Y ARTICLE V DAMAGE, DESTRUCTION OR CONDEMNATION - Section 5.1. Damages Destruction or Condemnation In the event that title to and possession of the Development Property or -__any material part thereof shall be taken in condemnation or by the exercise of the power of eminent domain by any governmental body or other person (except the'City) or in the event that the portion of the Project located in the Development Property is damaged or destroyed by fire or other'casualty, the Developer shall, with reasonable promptness after such taking or damage, notify the Authority as to the nature and extent of such taking or damage. Upon receipt of any condemnation award or insurance proceeds the Developer shall elect to either: (a) use the condemnation proceeds or insurance proceeds to reconstruct the improvements located on the Development Property to substantially the same condition as they existed prior to such damage, destruction or condemnation; or (b) pay to the Authority out-of such proceeds the present value of the sum of the real property taxes which would have been assessed upon the Development Property between the date of such condemnation or destruction and the Termination Date, such sum to be discounted to the date of payment to the Authority at a discount rate of 8.00k per annum. 988288.6 13 t ARTICLE VI TAX INCREMENT ASSISTANCE; PAYMENTS TO AUTHORITY Section 6.1. Preconditions to Is siisnr.P o f Tax Increment Note The Developer will undertake and construct the Eligible _.Improvements on the Development Property at a cost of not less than $2,900,000. In order to assist with - the costs of the Eligible Improvements, the Authority agrees to provide tax increment assistance to the Developer as further set forth in this Agreement. The tax increment assistance shall be paid to the Developer on a pay -as- you -go basis and the principal amount shall be equal to the lesser of (a) $2,900,000, or (b) the capital costs of the Eligible Improvements. The tax increment assistance shall be paid on the terms and conditions set forth in Section 3.2 below; provided however, that the Authority shall be under no obligation to provide any assistance contemplated in this Agreement or to issue the Tax Increment Note until satisfaction of the following conditions precedent: (a) The Developer has prepared and provided a copy to the Authority of the Construction Plans for the Minimum Improvements; (b) The Developer has obtained all necessary permits, _ licenses, and authorizations necessary to commence and complete the construction of the Mini -mum Improvements; (c) The Authority has received evidence satisfactory to it that, upon substantial completion of the Minimum Improvements, the Development Property and the Adjacent Development Property will, upon substantial completion of the Daytons Minimum Improvements, have a total aggregate market value of at least $75,000,000; (d) The Developer has paid all of the Legal and Administrative Expenses; (e) The Developer shall be in material compliance with all the terms and provisions of this Agreement; (f) The construction of the Minimum Improvements is completed, and the Authority has issued the Certificate of Completion pursuant to Section 3.4 hereof; (g) The Development Property_ is at least 750 leased to Eligible Tenants pursuant to leases having remaining terms at the time of issuance of the Note of not less than 3 years, and Dayton's, Penny's, - Sear's and Kohl's have executed leases or operating agreements with respect to the Adjacent Property at the time of issuance of the Note for remaining terms of not less than 3 years; 988288.6 14 (h) The Developer shall have spent at least $13,000,000 of its equity to pay the costs of the Minimum Improvements;. (i) The Assessment Agreement is recorded in the Hennepin County Recorder's office; (j) The City has approved a planned unit development for the Development Property and received evidence acceptable to it that provision has been made for adequate parking for the Project; and (k) The Authority has received an MAI appraisal from a nationally recognized expert in regional mall valuation showing the combined market value of the Development Property and the Adjacent Development Property at not less than $75,000,000; and (1) The Developer shall have closed on the financing outlined in the financing commitment attached hereto as Exhibit L. Section 6.2. Tax Increment Revenu Note (1) Upon satisfaction of the conditions in Section 6.1 hereof, the Authority will reimburse the Developer for the lesser of $2,900,000 or the costs of the Eligible Improvements through the issuance of the Authority'd.__Tax Increment Revenue Note in substantially the form attached to this Agreement as Exhibit I. (2) The unpaid principal amount of the Note shall bear simple, non - compounded interest from the date of issuance of the Note at the rate of 8.001 per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30 -day months. (3) The principal of the Note and interest thereon shall be payable solely from Tax Increments. On each Note Payment Date, and subject to the provisions of the Note, the City shall pay, against the accrued and unpaid interest then due on the Note and then to reduce the principal-of the Note, the lesser of (a) 80t of any Tax Increments received by the Authority during the preceding 6 months; or (b) $650,000. (4) Notwithstanding anything herein in the Note to the contrary, the Authority shall be under obligation to apply or pay the Tax Increments to the payment of the Note any earlier than 30 days a Developer's statement _ y after it has received the Develo P . required b paragraph interest accruing n T i y p g ph (3) above. Any i to ru g o ax Increments held by the Authority pending the Note Payment Dates or receipt of such statement from the Developer shall accrue to the benefit of the Authority. 988288.6 1 5 (5) The Note shall be a special and limited obligation of the Authority and not a general obligation.of the Authority, and only Tax Increments shall be used to pay the principal of and interest on the Note. If, on any Note Payment Date, the Tax Increments for the payment of the accrued and unpaid interest on the Note are insufficient for such purposes, the difference shall "_be carried forward, without interest accruing thereon, and shall be paid if and to the extent that on a future Note Payment'Date there are Tax Increments in excess of the amounts needed to pay the accrued interest then due on the Note. (6) The Authority's obligation to make payments on the Note on any Note Payment Date or any date thereafter shall be conditioned upon the requirement that (A) there shall not at that time be an Event of Default that has occurred and is continuing under this Agreement and (B) this Agreement shall not have been terminated pursuant to Section 8.2(b). (7) The Note shall be governed by and payable pursuant to the additional terms thereof, as set forth in Exhibit I. In the event of any conflict between the terms of the Note and the terms of this Section 6.2, the terms of the Note shall govern. The issuance of the Note pursuant and subject to the terms of this Agreement, and the taking by the Authority of such additional actions as bond counsel for the Authority may require in _ connection therewith, are hereby authorized and approved by the Authority. Section 6.3. jJse of Tax Increments The Authority and the City shall be free to use the Tax Increments, other than those to which the Developer is entitled pursuant to the provisions of Section 6.2 hereof, for its administrative expenses and for any other purpose for which the Tax Increments may lawfully be used pursuant to applicable provisions of the Minnesota law. The City and Authority shall have no other financial participation in the Project other than as specifically set forth herein. Any utility relocation, street improvements or other improvements which are not included as Eligible Improvements, the costs of which may be reimbursed, in whole or in part, with Tax Increments, shall be solely at the expense of the Developer. Section 6:4. Busi ness Su sidy Act. (1) In order to satisfy the provisions of Minnesota Statutes, Sections 116J.994 (the "Business Subsidy Act "), the Developer acknowledges and agrees that the amount of the "Business Subsidy" granted to the Developer under this Agreement is $2,900,000 and that the Business Subsidy is needed because the Project is not sufficiently feasible for the Developer to undertake without the Business Subsidy. The Tax Increment District is a "redevelopment" district and the public purpose of the Business Subsidy is to encourage the construction of necessary public improvements and to redevelop blighted areas and 988288.6 16 01/14/00 FRI 16:27 FAX 305 6629616 - TALISMAN COMPANIES LLC IM 005 4 replace structurally substandard buildings. The Developer agrees that it will meet the following goals (the "Goals "): It will create at least C 0 full time jobs in connection with the development of the Development Property at an hourly wage of at least $ 4,0V per hour within two years from the "Benefit - Date ", which is the earlier of (a) the date on which the Eligible Improvements are completed, or (b) the date on which a business ¢ occupies the Development Property, as improved by the Minimum Improvements; (2) If the Goals are not met, the Developer agrees to repay all or a part of the Business subsidy to the Authority, plus interest ( "Interest ") set at the implicit price deflator defined in Minnesota Statutes, Section 275.70, Subdivision 2k accruing from and after the Benefit Date, compounded semiannually. If the Goals are met in part, the Developer will repay a portion of the Business Subsidy (plus Interest) determined by multiplying the Business Subsidy by a fraction, -the numerator of which is the number of jobs in the Goals which were not created at the -wage level set forth above and the denominator of which is _C0 (i.e. number of jobs set forth in the Goals). The Developer agrees to continue its operations on the Development Property for at least five years after the Benefit Date. (3) The Developer agrees to (i) report its progress on achieving the Goals to the Authority until Goals are met, or the Business Subsidy is repaid, whichever occurs earlier, (ii) include in the report the information required in Subdivision 7 of the Business Subsidy Act on forms developed by the Minnesota Department of Trade and Economic Development, and (iii) send -completed reports to the Commission of the Department of Trade and Economic Development and to the Authority. The Developer agrees to file these reports no later than March 1 of each year commencing March 1, 2000, and within 30 days after the deadline for meeting the Goals. The Authority agrees that if it doers not receive the reports, it will mail the Developer a warning within one week of the required filing date. If within 14 days of the post marked date of the warning the reports are not made, the Developer agrees to pay to the Authority a penalty of $100 for each subsequent day until the report is filed up to a maximum of $1,000. Section 6.5. P,avmen s to Authority In consideration of the assistance given to the Developer pursuant to this Agreement, the Developer agrees to pay the Authority within 10 days of receipt, the first $50,000 plus one half of any amount over $50,000 of any percentage rents received by the Developer or any of its affiliates in each calendar -year pursuant to Section of the agreement attached hereto as Exhibit K (the " Daytons Agreement ") . The Developer further agrees that, without the prior written consent of the Authority, it will not amend the Daytons Agreement or take any other action which would reduce the amount of the percentage rent set forth in the Daytons Agreement 988288.6 17 or take any other action that would reduce the likelihood of such percentage rents being paid to the Developer. Section 6.6. Tax Deferrals or Abatements (1) The Developer agrees as follows: (a). It will not seek administrative review or judicial review of the applicability of any tax statute relating to the taxation of real property contained on the Development Property determined by any tax official to be applicable to the Development Property or the Developer or raise the inapplicability of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax; (b) It will not seek administrative review or judicial review of the constitutionality of any tax statute relating to the taxation of the Development Property determined by any tax official to be applicable to the Development Property or the Developer, or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; provided, however, "tax statute" does not include any•local ordinance or resolution levying a tax; (c) It will not seek any tax — deferral or abatement, either presently or prospectively authorized under Minnesota Statutes, Section 469.181, or any other State or federal law, of the taxation of the Development Property between the date of execution of this Agreement and the Termination Date. (2) The Developer agrees that if any owner or tenant of the Adjacent Property takes any of the actions set forth in paragraph (1) above with respect to the Adjacent Property, the Authority may suspend its payment of Tax Increments to the Developer under the Note and escrow all or any part of the Tax Increments until such matters are finally resolved. Any suspension or escrow of the Tax Increments pursuant to this clause (2) will only occur if (a) the Authority determines that the proceedings could reduce the annual collection of Tax Increment to less than $650,000, or (b) it could require the Authority or the City to abate or refund amounts which, when deducted from the Tax Increment received during the year in question, would result in less than $650,000. The amount suspended or escrowed shall be only the amount necessary to preserve the annual collection of Tax Increments, after reduction by any amount in dispute, to $650,000. Any escrowed Tax Increments may be used to pay any amounts required to be abated and shall be deemed to be a payment of principal under the Note. 988288.6 18 .._... _ . ARTICLE VII PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER; INDEMNIFICATION Section 7.1. Status of Developer: Transfer of Substantial l _. •. As for the obligations of the Developer under this Agreement, the Developer represents and agrees p p g s that prior to the Termination Date, the Developer will maintain its existence as a Minnesota entity and shall not consolidate with or merge into another entity and shall not dissolve or otherwise dispose of all or substantially all of its assets; provided that the Developer may consolidate with or merge into another corporation or sell or otherwise transfer to a partnership or corporation organized under the laws of one of the United States, or an individual, all or substantially all of its assets as an entirety and thereafter dissolve and be discharged from liability hereunder if the transferee partnership, corporation or individual assumes in writing all of the obligations of the Developer under this Agreement and the Assessment Agreement. Section 7.2. Prohibition Against Transfer of Proper and AssicmmF--nt of A areeme=. For the foregoing reasons the Developer represents and agrees that prior to the Termination Date: (a) Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Developer or any successor in int to the Development Property, or any part thereof, to perform its obligations with respect to constructing the Minimum Improvements under this Agreement, and any other purpose authorized by this Agreement, the Developer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Development Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the Authority. (b) The Authority.shall be entitled to require, except as otherwise provided in-the Agreement, as conditions to any such approval that: (i) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer. 988288.6 19 Any proposed transferee, by instrument in writing satisfactory to the Authority, shall, for itself and its successors and assigns, and expressly for the benefit of the.Authority, have expressly assumed all of the obligations of the Developer under this Agreement and agreed to be subject to all the conditions and restrictions to which the Developer is subject (unless the Developer agrees to continue to fulfill those obligations, in which case the preceding provisions of this Section 7.2(b)(ii) shall not apply); provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to the Development Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed•to in writing by the Authority) deprive the Authority of any rights or remedies or-controls with respect to the Development Property or the construction of the Project; it being the intent of the parties as expressed in this Agreement that (to,the fullest extent permitted at law and in equity and - excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Development Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the Authority of or with respect to any rights or remedies or controls provided in or resulting from this Agreement with respect to the Project that the Authority would have had, had there been no such transfer or change. In the absence of specific written agreement by the Authority to the contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve the Developer, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Project, from any of its obligations with respect thereto. (iii) There shall be submitted to the Authority for review and prior written approval all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Development Property governed by this Article IX. Section 7.3. ADnrovall. Any approval of a transfer of interest in the Developer, this Agreement, or the Development Property required to be given by the Authority under this Article VII may be denied only in the event that the Authority reasonably determines that the ability of the Developer to perform its obligations under this Agreement, or the overall financial 988288.6 20 security provided to the Authority under the terms of this Agreement, or.the likelihood of the Minimum Improvements being successfully constructed and operated pursuant to the terms of this Agreement, will be materially impaired by the action for which approval is sought. 988288.6 21 ARTICLE VIII EVENTS OF DEFAULT Section 8.1. Events of Default Defined The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this - 'Agreement gr ent an one y or more of the following events: (a) Failure by the Developer to timely pay any ad va or m real property taxes assessed with respect to the Development Property or to reimburse the Authority for Legal and Administrative Expenses; (bl Failure by the Developer to commence and complete P P construction,of the Minimum pursuant ursuant to the P terms, conditions and limitations of Article III; (c) Failure by the Developer to reconstruct the portion of the Project located on the Development Property when required pursuant to Section 5.1; (d) Transfer of an interest in the Developer or t y p he portion of the Project located on the Development Property in violation of the provisions of Article VII; (e) Subject to Unavoidable Delays, failure of the Developer to observe or perform any other covenant, condition, obligation or agreement °on its part to be observed or performed under this Agreement, including but not limited to the provisions of Section 6.4 hereof; or (f) If the Developer shall (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or (B) make a general assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated as bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer, as a bankrupt or its reorganization . under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the 988288.6 22 filing thereof; or a receiver, trustee or liquidator of the Developer, or of the Project, or part thereof, shall be appointed in any proceeding brought against the Developer, and shall not be discharged within sixty (60) days after such appointment, or if the Developer, _ shall consent to or acquiesce in such appointment. (g) The Holder of any mortgage the Development Property, or any improvements thereon, or any portion thereof, commences foreclosure proceedings or accepts a deed in lieu of foreclosure as a result of any default under the applicable mortgage documents. (h) On any date on or after January 2, 2002, the combined Market Value of the Development Property and Adjacent Development Property is less than.$75,000,000; (i) An Anchor Tenant vacates the Adjacent Development Property and is not replaced by another nationally recognized retailer acceptable to the Authority within 12. months; (j) More than 15% of the Development Property is leased or otherwise occupied by any businesses which is not an Eligible Tenant; (k) any part of the Development Property is leased in violation of the covenant in Section 2.2, clause (14) hereof; Section 8.2. Remedies on Default. Whenever any Event of Default referred to in Section 8.1 occurs and is continuing, the Authority may take any one or more of the following actions after the giving of thirty (30)'days' written notice to the Developer, but only if the Event of Default has not been cured within said thirty (30) days, or, if said Event of Default cannot reasonably be cured within the time, the Developer fails _to give assurances reasonably satisfactory to the Authority that the Event of Default will be cured within a period of time reasonably acceptable to the Authority, but in any event not to exceed 90 days; (a) The Authority may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the Authority, that the Developer will cure its default and continue its performance under this Agreement. (•b) The Authority may cancel and terminate the Agreement. 988288.6 23 (c) The Authority may take any action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 8.3. No Rem Exclusive No remedy herein conferred upon or reserved to the Authority'is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now.or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be expedient. Section 8.4.' o Implied W aiver. In the event any agreement contained in this Agreement should-be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 8.5. A=eement to Pav Atto3Mev Fees and Exnen Whenever any Event of Default occurs and the Authority or City shall employ attorneys or incur other expenses for the collection - of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the Authority or City the reasonable fees of such attorneys and such other expenses so incurred by the Authority or City. Section 8.6. Indemnifi of Au thority an d City.- Indemnifi - - - -- (1) The Developer releases from and covenants and agrees that the Authority and the City, their governing body members, .officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter, for purposes of this Section, collectively the "Indemnified Parties ") shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project to the extent not attributable to the negligence of the Indemnified Parties. (2) Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from, any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising 988288.6 24 from the actions or inactions of the Developer (or if other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the.acquisition, construction, installation, ownership, and operation of the Project; provided, that this indemnification shall not apply to the warranties made or obligations g undertaken _by the City or Authority in this Agreement. (3) All covenants, stipulations, promises, agreements and obligations of the Authority contained herein shall be deemed to be the covenants, .stipulations, promises, agreements and obligations of the Authority and not of any governing body member, officer, agent, servant or employee of the Authority or the City, as.the case may be. 988288.6 25 1 ARTICLE IX ADDITIONAL PROVISIONS - .Section 9.1. Restrictions on Use The Developer agrees for itself, its successors and assigns and every successor in interest to the Development Property, or any part thereof, that - the Developer and such successors and assigns shall use.the Development Property as a retail shopping mall. Section 9.2. Confl icts of'Inte No member of the governing body or other official of the Authority or the City shall have any financial interest, direct or indirect, in this Agreement, the Development Property or the Project, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the-governing body or other-official participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the Authority or the City shall be personally liable to the City in the event of any default or breach by the Developer or successor or on any obligations under the terms of this Agreement. Section 9.3. Titles o Articl and Sect Any titles of the several parts, articles and sections of the Agreement are inserted for convenience of reference only shall be disregarded in construing or interpreting any of its provisions. Section 9.4. Notices and Demands Except-as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) in the case of the Developer is addressed to or delivered personally to: Talisman Brookdale, LLC 1500 San Reno-Avenue Suite 135• Coral Gables, Florida 33146 (b) in the case of the Authority is addressed to or delivered personally to the Authority at: Brooklyn Center Economic Development Authority 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 ATTN: Executive Director 988288.6 26 or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. Section 9.5. c harts . This Agreement may be executed in any number of counte arts each of which shall constitut rp a one and the same instrument. Section 9.6. ' ,Law c� :ernina This Agreement will be governed and construed in accordance with the laws of the State. Section 9.7. Expiration This Agreement shall expire on the Termination Date unless earlier terminated or rescinded in accordance with its terms. Section 9.8.' Provisions Surviving Rescission or Expiration Sections 8.5 and 8-.6 shall survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof. 988288.6 27 I IN WITNESS WHEREOF, the Authority has caused this Agreement to be.duly executed in its name and on its behalf and the Developer has caused this to be duly executed in its name and on its behalf, on or as of the date first above written. BROOKLYN ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director This is a signature page to the Development Agreement dated , 2000, by and between the Brooklyn Center Economic - Development Authority and Talisman Brookdale, LLC 988288.6 28 TALISMAN BROOKDALE, LLC • By partner Its general ` _. g P By Its I 4 _ This is a signature page to the Development Agreement dated 2000, by and between the Brooklyn Center Economic Development Authority and Talisman Brookdale, LLC 988288.6 29 I STATE OF MINNESOTA ) . COUNTY OF HENNEPIN ) _ The foregoing instrument was acknowledged before me this day of , 2000, by - and , the President and the Executive Director respectively, of the Brooklyn Center Economic Development Authority. Notary Public 988288.6 30 STATE OF MINNESOTA ) ss COUNTY OF ) _ The foregoing instrument was acknowledged before me this day of 2000, by the of the general partner of Talisman Brookdale,'*LLC, a limited liability company. Notary Public i I - 988288.6 3 1 EXHIBIT A Legal Description of Tax Increment Financing District No. 03 988288.6 A-1 EXHIBIT B Legal Description of Development Property _ [Insert legal description of the Center Mall Property] 988288.6 B -1 ` 01 /1 4/00 _ FRI 16:30 FAX 305 6629616 TALISMAN COMPANIES LLC h�OX9 DESCIMMON OF ELIGIBLE 114MOYEMENTS Doc B26 The following are improvements scheduled to be included in the redevdopment of the 8rookdale Center project that would not be normally be anticipated as pan of the renovation project. Acquisitions: Purchase of Tract C from Mervyn of CaUforma for the additional land required to construct the west new addition. Purchase of Tract D from Mervyn of California for the additional land required to construct the 10,000 SF retail space on Center on Tract D. Purchase of the J.C.PENNY budding to allow for the demolition of the TBA building and to control the building use for the future. MU M Install a new traffic signal system at the 56 avenue ermrance to the site. Site & Building Demolition: The existing X PENNY automotive oenter building will be demolished. The existing west area retail buit&g north of SEARS will be demolished so that the area can be redesigned to accommodate new retail, restaurant and food court areas. Demolition of existing building ceiling and structural systems to al low for the construction of new skylights. Demolition of existing asphalt parldng lot pavement area to accommodate the new west end expansion along with the associated earthwork to accommodate the new expansion grades. Removal of the asbestos containing materials from the tenant spaces and common areas. Utilities -- Removal of the existing utilities around the west end and the new North side entrance to accommodate the center expansift and to replace older services in thew areas. Intercept the existing storm sewer lines that arrr•eothy discharge directly into Shingle Creek and reroute the lines with new piping and structures to direct the North side storm water through existing watershed onsite manhole to the new water purification system across Route 100. -Building'Life Safety System Design and install a complete addressable file alarm system that will include the individual tenant spaces. Design and install a complete system for smoke evacuation system for the mall common areas and provisions for the exhaust and supply are for the nman retail tenant spaces. M EXHIBIT D Description of Minimum Improvements Reconfiguration of the existing space and improvements in the _. Brookd ale Mall the creation eation of open space and other improvements as described and depicted below: I 988288.6 D -1 01/14/00 FRI 16:31 PAX 305 6629616 TALISMAN COMPANIES LLC 16021 r AduwY AESCitt)<pnw OF I�NI m Dmovs 3 D=326 rr.ia.. rwu ,r WV W�• �• 1 , Y ii.X.YrW rr y Y • ",i - ` rVMYU. „in,i - 1 ad PVC i. Existing Center Common Mall Areas: East Mall: Demolition of the embgg m*V system . Install new skylight system. Install new hard ceging and lighting system Install new column endonnres and the finishes. Install new tenant demising piers. Install new hard Door mile and base Finish picot or instal wall coveting new drywall mfam Revise emsting meting and cooling system to now cmW m4pration. Install new designed kiosks Install fountain feature Install interior landscaping Arcade (Mwoms- Peanys) M&. Demolition of the existing ceiling system — Inst a new skylight system — install new hard ceiling and lighting system -- Install new oelumn enclosures sad tic finishes. Install new tenant demising pies Install new hard floor tie and base. Famish paint of install wall coveting new drywd surfaces. Revise eadsting heating and cooling system to new Ca ft c o nfivaltiom Install new designed kiosks Install fountain feature Install interior landscaping Central Malt: - Demolition of the existng cenUg System Install new skylight system, Install new hard cabog and lighting system Instal[ new column endosures and tat finishes. • . Install new tenant demising pips. Install new hard floor the and base Finish paint or install wall covering new drywall surfaces. Revise existing heating and cooling system to new oefiang Configuration. New CousbVction: North Side Entrance (adjacent to Daytona) ! Demolition of existing mall entrance Install new structural steel fianmog for addition. Install new metal roof deck Install new roofnng system Install new entrance ta4ade feature materials.. r D- Zr 01/14/00 FRI 16:31 FAX 305 6629616 TALISMAN COMPANIES LLC w _ ; Im 022 Install new entrance doors. Install newBrookdale vctww aignage: Install new eonnnon area hard and acoustical cml* systems Install new lighting and cove fighting systems. 1nStA new HVAC Systems for the added areas. Install new wall fmisbes of drywall and finish paint Install new tenant neutmi piers, Install new hard the flooring and base. Install interior landscaft South Side Entrance (adlacem To Dayton) Demolition of existing mall entrance Install new structural steel framing for addition. Install new metal roof deck. Install new roofing system Thaw new entrance fagade feature materials. Install new entrance doom. Install new Brookdale exterior signaga Install new common area bard and acoustical cep&* systems Install, new lighting and cove lighting systems. Install new HVAq systems for the added areas. Install new wall finishes of drywall and finish, pain Install new taunt neutral piers. Install new hard the flooring and base. Install interior landscaping West End Addition ( North of SEARS) Demolition of a dsting mall eftance Install new structural steel haumv for addition. Install new metal roof de& install new roofing system Install new entrance fagade feature materials. Instal! new emraace door& Install new Brookdale exterior sigoage. Install net► common area hard and acoustical oetbg q= m Install new lighfmg and cove lighting systems, Install new HVAC Systems for the added areas. bsbU net► wall Snishes of drywall and finish paint. Install new tenant neutral piers. Instaatl new bard the tooting and base. Install new demped kwks Instal fountain feature . Install interior landscaping Construct food court tenant spaces Construct a food court with interior special finishes Furnish the food court with necessary tables and chairs. D3 EXHIBIT E Description of Dayton Minimum Improvements Remodeling of the Existing Daytons Store located in the Brookdale Mall, such remodeling to include at a minimum the following components: 988288.6 E-1 01/14/00 FRI 16:31 FAX 305 6629616 TALISMAN COMPANIES LLC Z024 . EXSI8IT E . Doc.B26 DESCRWnON OF DAYTONS MDMWUM WROVOUM The following are the 0 �8 nimum " that are ed to by D" i d remodeling of the stare. 'The Dayto � inte is to redesign the satire store r he re-mer haanndising and reconfiguration of their store in order to update the store to the Dayton current standards, New ceiling layouts and materials New la N*w ore�bishedhed fight fixtures to conform to the new ceft design. New drywall partitions and culings to the new design, New acoustical ce9ing systems and the to the new desigm Painting and wall covering of walls and whunos as required by the new store design. Remove and replace the existing flooring materials and install new to the new store design. Re -wire the store to the new construction requirenmm had new cabinets and famIres to the new store design. Revise the HVAC system to suit the new ceiling and wall configuration. Revise the building to comply with the current code requirements as applied to the work required by the re- modeling of the store. i ✓ M EXHIBIT F LIST OF ELIGIBLE TENANTS The listing of eligible tenants set forth in this exhibit are only those listed stores specifically set _. forth. Where a parent corporation is listed with a sub - listing of store names, only the stores specifically named in the sub - listing will be deemed eligible tenants. Those tenants identified as (pad site only) are eligible tenants on the pad sites, but are not eligible tenants within the mall itself. i PtCIA'1 • 1'lyvu.•►+ vn.r.wrs •.w• �.__ —... -- �-- -__ ......__.. pMA1L TIMAN'C Stl Zr CION LAST • Regional , • Company /Opeadntt Names Matt Row't Chsit'Ie� M A. Soft do Company Ltd. X l (OWAon dVerAome 0rovl►) X Sam X Abeimutbia do Fitch, IM x S> ' woma`$ *PPw• mms sppad AWMGM w & Sub x x x AdfOUgltts X A..•� „jorrelryr . (Otvisianod'Veeeeo[Graup,Iae� X . • Alfred Detdtill X erialeetla jo'nobY� axa's . fias3+o�ba. Pvidm ofDUIM Hol X Ah Farm Toys X I&vA Toys American Eagle Ottfittettt X iwlea5r Ord. women's a (Diviroa ocSd+ouonneia Stores Co1pJ x Amctitoeh Cellular Srniccs - �"'� - Andersons PonYW Wear X _ Andro Boudin Bakotios Inc . X AraTaylor. br- X wemea'ssppnal Am7rilor - _ x x Appleitee's Inuenat MM4 Inc. X Appi&w%Maaebo %WlOrZ do fJw X Flo ftm canna. x ' A X Qtdayhiteben.nre. t ar . U appllaaea pvidonof)SomoRM9 HOWAIL 104 X Roma Pin 1Gkbeo Enwodm Y Ashley Stewart limited • ' x women's gpud X (D'rvuroaottJebaHnadr.iaea - . Asblsy St wad Wowwo x >3odY A goal X Duiaanes x saa�ls X . . Associated 13osts, inc, X � . ' (Ciwsioaot>!1'L(USA), X _ Dombar 8ioyela Ck6 x )uge'r r>sa x ' SmaDgle�s laa x wG4CURMwk9Coa x = A.thktic Shot: Mokog X shoes, sP "t i ► 'e •+av An Bon Pain Corpotntion X — � °�'' f a g 64 n ' Am eon Pain X Cboiea x Autolids Pizza Ina x Attstad's x oolf Authentic Fkwss- Speedo X oxacloo appKA X - Will lo=M is a mood M& Page 1 _._ . Ave& COTOM ion X Cosmateulbody endvarmue Tba A- 06lkvaontntaaal UksWo star X Babbages,Etc. X COMMANOW11rN440e"Mat Bsb*h X Game slop X Plsna X X Soiiwa P Bx. X Baby News CBildm* Depart um Score X . Cbe'blr$Asvpame Gtrnttentifbeds,ttyrds idoo B0441man's X Flovras BaduWA Clothing, Ina X Mews Back Bay Restaurant Group X Abe A Lenis:'s X Cberby's lsatins do Ddakint Sateen X Paw" Made ruh x .tr— t MWA X 7os'9Amaiesa Bar3CktM X Papaw X Bally Retail, Inc. x mace (Divisi000f aft hr.) X Batami L'ntei prises X AaesaotialeoetwaeJewehY,re es appud BMW X Barce)ino Continental Cotpotation X Foal. Barnes & Noble, Ina X Boolcemca B. Dahm X . Bsma &Nebte X ink X Baskin Robbins USA, Co. X Candy w MaftwPA (Aivision ofAUW Do►n" Re %168 U&%) X ` Bath & Body Works X cmawwrowauffopwals (MvkM oftmtmare Brand:, be.) X BC Clothing Co. x Weanodsspperd can hhnd X X Bed Bath & Beyond, I= X W do bdb Kax home dwodlnmpd*Kw& exulay Utd=wars uw 8A&& Bryond X Chdcao d - X Ben & Jew's Homemade, Inc. X CaaslyAAar eaaardyosat Benchwarme r Bob's X Be== Services Coip. X OA* w ft&e%' tc oppud (INVWU efseee►ettae Geoup, S.P.A.) X unhwColo wersatatoa X . Benihana, bc. x Resamaaadeaes Beidbsns )( - sums DOWN X X ' Bentleys tuggage Corp. X Ln*AdlaWse 8aulys bugpaga d; Gins X = Beadlrs L»saeses oatta X Boo voyage Lugase & O tk X _ - iQplins X — Btnnini,Inc. X - AMMOries►ae wwJwllft wwNWV%w'e apparel, td" Der "I X Berruni sports X ` Buetons X X — wilt 16= in ar &"I VAIL Psae 2 a xx>txx vi ���x�xxxxx ������x�x��x��x��xxx xxx�e�txxxxxxx w F1�OM : 140C cn Group, Ltd. PHONE NO. 61da-' (4 Jars. 19 20M 09: 42AM PS Brooks Brotbers X 010Wrea9rhaads/weM01% "ad (Dives= ofMarks & Sik w pIc) X ` Brooks Bwd= x ' Brown's -Shoe Fit Co., Inc, x Sboa _ Bmessais Corporation X. >3.ta�ternaco� , 8r"aso Bald sawy X - _�3uq di Beppo,lnc. Raea+uaa� bus - . Butterfi" Development, Ira. x Cache, Inc. X wco a owt appal Caeba x M itabia x Cadiquo x t3as«ts Caffa Ciassico hoods X Batxtapraxts Cdh Ck"ico t X ' Gelaro Clastico x Califomia Cafe Restaurant Corp. X /lkaaaBmwiaB x Blsddw* wig x ' Ca&Ddl ey x CdMMla Ca& BK& Gritt X• )UPavallcyGnib x ' Calilomia Pizza Ximhen x ROSOMMOMAW _ (Divwoa or>3rodanass, Rosati shwil a Co, in) x , CPK A► X — California rim Kkdl= x Camelot Music Holdings Ine„ x pca (Div6ioa otlavcs =P) x Canino Maria _ x Spec% fda:ie x WallMode x Candlemas Corp. x coda Candy iWasiFmchising Inc. x CasaA==nm6osurt Can'boa Coffee Company, I= x c a bai4srw taus Carmike Cinemas x Movie drama Campo x xelgiwood Coaaaotioa x wyanaoaa x Carson Pine swu Co. X Plnahurdbods. depanaeat arota (Divtdon orsab Iaoorpaatad) X Dapces x Boom Sam Fun are Gdwry x Boaoa saxes X owa►Fiaaiaae calk► x Caaoa Pick Scow X _ Cartoon On, 1.,?. x Boa q ubadbaems Cashmerc Houso X CuWrw%hua 0w=cds qp=L Donne doo M&mpddrapa TSB X Casual Corner Group, Ina. X WOVAR%appad X =WMbmiaa 'oastmA FROM McComb Group, Ltd. PHONE ND. slzmutb r-d .laM ly �JMM tom: 4 rb e. Mirisiaa of la i ooaudc Fbamclark srl) x AUw Maxworms x cAsw fr',=w X camel cones wou" x ?.tire,optiaiw x Ccntml South )Audc Sates, Inc. x Music 4 loss X sooad st" x Central Stan Theater Coop, X. MortotA um (Dividoaof tAlklm Canal RWMM) C)aa�sAmad�t. Charleys suakery x RGMXKM&m (Dirisioa of GocA Eacapcisoc bie,) X Chevy's Mexican Ream= x RUWX=N&M (Division OMW. CMIds bapoly raemas) X CbevlY's Fsesh Mac X F,tAO X wsapwoft X Woes PAS, Inc. x Aaaaooria/ooewme jewelry, i+omarx app.�w Ch000lue Soup. Inc. X "Ald Christian Seward Stotts Corp. , x Fine Church's English Shoes, Ltd. X shoot Cinema Grill' x Aatamamtlbw& movie sbateei Claire's Accessories, Inc. X Accuior'taclootaaae jowly AMU MPlaft X a>ibsACONSWO x Dm Mebdb X TbOU6 x Topkgd X coach S tores x 16 116 01 118PRO Coffee People. Inc. Co�ee Coffee ?eolb CofGe ?laatadoa . • Glati�Jeialc . Cole Vision Corp. X Optioal/eya! oor (Division o(Cols National Corporwtin) X ?ado Yitloo X sans optieaJ x , Col W Drys X wanda/medsap wd Colsad DaA x s,fift,Rb X Courads.Inc. X wowed? appard Comad Madanokollo X 33b ft Mademoiselle X ' Cooper & Co Inc, X _ FiaokmddwalAu ' coopoft RlXWMOdct X CoopesswwAworid X Country Visions X cwwyAciW* waso, borne daoodlaraptldapes, off- prieoloudec scores. Cannery aaaec X swoNf (temp lease watt's Chuset x .i County Seat Stores. I= X . womwWmeas appal r X - Will loan is s sesWW mall FROM : McComb Groups Ltd. PHONE= N0. 614s.5oo0 cc Jam. 19 20M 09:43M F7 C_^ % _W V The Oid Fa vWs Mmame Ow4W Stan X Ctsbtrco & Bvclya, Ltd. X Cc=Wcdb* mWragrsnew Crate and Batrel X Ch1 W&W -are, Mky*M=ww� tiaao dowlfamWdmM Oivisioa of 5m Market Desipm, bo . X CrownBoolm Corp. X Bookm m ( DivlaionodRiehtoodxold'mQ;Iae.) X c�owa Boots X SnperQowal3oda X CSC, Inc. X Fast Pood Ys Ys% Ph= Broiled Chkk a X Cutco industries. Inc. X Saaryaloaabarbonz Fi«myk X GreatBxpoemtions X Ha6aat►oni X t!�aae •. X D.O.C. Optics Corp. x OAWMV�w D'Amioo & Partners, Ina Rammauss CW D•Andoo &Sons D'AmiMCOO fnR b'AaAioo Cndna . MOW & Bob Darden Resmuanrs R &a===&= . 011" OW" X Red LOWW X ' David's Bridal. Davlin's X NomeDOW DD Dahlstrom X Wa uft AWOJ Dock The Walls X widmAoter/tnma Asbky Areya Coileal IW X DeekTbe Walla X The Oral Forme up X DmAmedm Cmp. X F>it rood, Blwk4?;edroa x Damys . x Dcstaond's Fotmal Wcar X MWSVFKAWWWGMAWCW D'ttard's btv. X Dep>euaeat MM DiscoverylLaail x sak,�on,r ., rr,• ,,.. ,.1 �iriaioa ofDaeo+rery Connmmieatams. tas.) X DGimmCMnad Stm X ma Haase COUPW R DiscaM Zono, Inc. X t�mas h7 oean�etdld aaa►odaaaiea Dwimlyzone Faacemm X Domain, Irm x _ cOdwAh*$vmm raaaUtiudb & Dr. Tavc1 Optical Group X Cpd=Vag Dc TivelOneHonrgKwd - X Shades X vwmvaim x X= Will loeato in 6TWAWal mall, , FROM McComb Grasp, • Ltd. PHONE-NO. 61&a re- Jan. 1y ;a" M$:44W" 1 Fd Thmm r wrWse Corp. x Fte(d ortheanc4 X� �► ceh bdtP a>mtaxbui: nuebaraft Atttl inn Corp. x p0ddwU*ww : Eastan btowok sports sPeitia6 eoedshd�letia wear � (Diviaia otMuaiCaq Rang sac.) • Eateries, I" X Re tsf6ara 0lW&VMW=Rum== X Cwddit RUM= &hb X Peppaooi Cml[ Iuiia i3iatro X Eby's sporting Goods X spwftRoods wdt woar Bddie Bauer. ba . X Med's►womea5c ltd. ticma d000rAaa►psldrapos (Oiv3doa orSpie x AJL&BddieBma X rd�e Baser x Bddio Bauq �tpa X Bd�aBaeor Spe�trwesti X Edson &othaY stator, tno, x x x CODA X J. X J1 4aw West x Od= X _ RBP'PLu1 NSATA x _ Ma o% X — wow Pair x Egghad X Coeap M/" _ EUm Fisher. be. x w0w*0 "Pnd soaaa�ac es a jowdry Wootrorics Boutique Holdings Corp. X CaaputadsotbNwo BBx x Stop save Software X ThadaBovtique x Wa" Sothw= x X -- x X x Empodum Lag" CO. X �. $ospodwa X i Bxautiw Bsaolpiala x Ws Lag�Se Wareta�ae X Bndioott Jobnson Corp. X `shoes Father d: Sa►Shoes X Ratttai =Mt mmseme" Services. Too. X Am�nae►eadphiY eattedeld�ild eaedadueatiws Challenda X Champhma X Esprit de carp x woa>at's epPa�l • X= wsYl h►aa is a tepiontd ntatl. . =RtN'1 MC(:WM UrMp, de ccwp X Estes Card Strops, Inc. X Ethan Mon Interiors Ina X Ettlel M. Chocolates, Inc. X Evaas, Inc.. - - ' X Wottaa5c "P" fiat Eva ;$ Bridal & Fashions X `� Evenum Card Snaps X cawstodar y Every6ing But water, bo. X X WOMWS MP!w oE7hel.iadeed, te>c.) X ExpeaslY hororsits X fiaoGatshiodP Poeosits X Poaq Poaa X , 7be li AV ?*W* - X X X X FAO. Schwarz X T'►r�s "�o a (Divisioe►otT>SaQ X . . Fsmoees Batt CotnpmaeY X (Dlvkionof Msy Dvwbm"SloeaC OM") X pkra aw X kaa Sege X. LS. � X aeseaasl lase) Fannie Ma CandlesMaeney Farmer Candies X M&vhioe of AftMWW Caa dr CQgh) X Fec�eMaY X . Pmay PKIM X FatTuesday X Fae Tuesday X . New Oetaes O�ipoat Daiquiris X Fiesta Bair Salons, Inc. X eaagsslondbuba FkStTtading Corp• X �'� ""'s appsret, shoo OMM USA _ X Flotsheim Gronp, Inc. X Sboa �ivisioaofApotloMeia�a'aoat) X Fbeshrim Si,oerlbaya McNea1 X . >vkNeti X Iilowctama of America. Inc. Fooatat, Inc. X PaoosedM USA X For Eyes Optical, Inc. X 00 X Foreman & Clark of Miaueasota " " . X= WAl Ioeeee is a recioeut malt. . • - Pa¢e 8 _ • FKtA'1 FIOLMO taroup, Lttl. ... _. f IW.1. FOX'photo,. m . X cumamull pholoplocosft X --Fred Moyer Jawatem Inc. X Ptae hwakyhm*mt (Divlsi Ouralme note. I X BmlayJshleeR X FoxJewelaac X Frodmgahwdas X Lbmam jewel es x McdoxoerJewelas X Frederlcles of Hollywood Smres, Inc. X fn's Friedenan's tnc.. x trine jvrewp*Wba FriedovesYjawdas X ttezael►JerrcJess X Fmwd Cafe, Inc. X Bakenes�beplr/prets.tc ' Fuddruckem tnc. X It., . .• tAlr&+oa otKir►s Csneoa X. Fun Factory, Irm X AmaanaerphyaadskhW Cumusd P@* X Fue Faelory x J=& Fin X Franco lnm TOYOVAMY 0 mac thmeolaad Function Junction, Inc. X - X X G &0 Strops, ino. X CjSldlogwWolacalssyperd 0&0 X &We X G.W. F.nsertaium0os X aW=Wdkm^ video r mOules LC. Fiidx X J.C. Ftida video x Gabberts Furniture do Design Studio X FWAI A A . Gadz*oks, Ina X mewwwomeesappud Galytut'a Trading Cm*W tpsd situ =W tin Jma►b/waamn's >. ondaylkitdtatw�se, doer. eporti� (pivisi W TbeLiss l4b4 war o nto%Ina. x Women' ssppstel,aeeameiadooaausejeweGy OWAM9 X Gasros9!m X Gap, 1w. X ' BsssasRepnbiie x Ouk abaft, cap" X 044op t.t X C"Kidgaw X = Old Navy x Gardca Botun'ka x — cmwcS * esrdfc+F%= - Garden of Eden X ` FwVgpeer, b4 &body Gan Sports Company X t]a'I �mea'rlaromed's spp>nal, spoNria tood</aWeuewar cm Sports X cart SporuaetR X Sport " X X$ Win tonic is a teSional moil. FROM McComb Group, Ltd. Rgo1 E N0. Jan. 19 2009 FB: 4t)M h'11 Gateway Newstands X NeWWX45 (DlvWm of b6w Irma menu iateeaaioaal, tar.) x Goneal Amusement Ina. X Arnw VVbY ceWW luld boa. mode d auis Nieloelodooa x x Salads Cosde x Tune Sgaeoe X GenctatNovelt c(L Ltd. x tea + � ,FaP�Psnl►coods Ire a small World X X, General Nutrition Cornpanies,Inc. X �'�'" Ampbas x GNC lino Wolf X Ga►ersl tJuerilioa Center (G1rC) x Hdhh at Dkt Canto X Naauds Fmob X X AeeaMia► ooearos3arvotry ,rrOWMWOM'ssppmkoffpkdomktnow. X Shoo X 7amun x Jo WMA & Matpigr • x haro s X Unda owdSmdoa_ x GeoWouRetailStores x A=WWCdeouata►oXWft,WOMC *NXM*l Giantu velm a X Gilmore Brothels„ Ina x >r(ea's�woaw►'s appaed, aroe:soriesfwaatire jewe4Y _ C.G. k Company, La X c'umote's x ` Redwoodt:itoss x TPA MM X own bul I:o. X I+adgspp&4 bd&VfWMdW&W Glamranr Shots x PhotOWWOV� (Divi OfCsadidColoeSysteau) x x RetwxaWSUM Godiva Ch000latier, Inc. X Card M oramho$Wt P ofCumpkil swa Cmpmo x Golf USA, Inc. X spa'""ar Goodrich Quality Theaters, Inc. X Movie theetas (Division otGoodtieh Radio dt'i6aaas bzo.) x x' . x Mme awm6ipt; corps bmsljuce bias, fast Food. remmmi bats - X x x x x x. Great Clips, Inc. salona►barbers - Gnea lulawg=W34 IBC. x Fiat Croenbers's 7"v$ x — Ground Round Restaurants X — (DivWoa dB=M Vc w Grow) x Cold Fork. Canal Food do Spirit x Ground Raved x Gucci America, Inc. x (Division dGaud S.P.A.) x Asseesar►alaostume ) owclry.mea'slw MWS apparel.lesdWAWS%Sr -dM X • Wttt bate in a retioaal matt. 19cum l rcup r LT4. t't a.NNG PaJ. otc�ao.oa r c JCr r. t tC e» • �+ar•a r tt i Ouess.? lnc.' x cWWrmWm= y VPUW (Division o(Gu=7, Me.) x Guetrchoff'theauts, Inc. Gaiter Censer . x Mwdad pia Gymbucc Cotpocidom x Citimmi* apparel, wjdl ed Wm memos - - - - x be creme - Hillma& Gold Crown Sbm - X cubulliamw (Dhiisioa of dlalleasslc C x HAS of Cards & Book's. DX4 x Csrrdwiaaap, boat sore aaft & Boot auoraa x M*vcW Halmado x _ Readers world x x x . X X Qmdyrwe oiaiadyo�+rt, Sst food Had Rock Cafe x Remmnsibm . ID'►�nsion of Raate Geonp x _ x *&albed - x Hams Odgiaals, Inc. X S= jeanpwaWkA • x Hod Quad him x O"Upkir Had Qrdid x Ha rom QMM x Hello Shop x caw"Aaftay Hd*Cr rs Diaatoad Shoes. Ina. X pipe jewdryhoa *m _ (Divi=im of 8aks6i:c Hadraway. itwa x _ Hetbneft X tip nbm sum (Drvtrioa otSfb dnooiporated4 x Herslof Opticians x 000 Mbess Sporting Hoods x s wft poodskWaft wear Humspaainsva"k x spm&compw x SpodsAdS& x Airsht'iekPs,,•rna - ' Fabrier, llooramiom bwdwus&ome imurerimmu wall wv Hoigaard's X SpW t t HomdlaW (pad sbe a*) CbbvsdsawWcj hvAvwarWsmd appdwrom bed barb tinem x eraEoodar�jnieebnrs,aatbod x x Hod Topic x Men s /womeai appard, aosaies/catdme jawety Houh3aa's Rcaauraut Group x Raa►urmuMra Braraofs Saaood (kM x 8ds Dwa x Buew Vista ado x Chariey's rlaee x x nature x - Hovb�ans x — GM=fs Wood FuW Sm%W X Now x x S*akdkrA/pmM* x CaWwo aamfya� coffee batshuiee bus, fast food X a WIH !Dare k a rrsi d map. t•k1911 Mct:omb croup, Ltd. t'til.AY -NU. OIGJJC.��G E wa ar +. (Oivnioe orll*&*ira HalAaway, Inc.) X . X - - X. W=Nodw Co., Inc. X Ca a+My T1,a woodsy TGy X ' X �u X X X X Bafoai�b4 yot.6a food X X X x X X J Crew Group x Mw*wwMl4d4dwA"w (Division orTozas Paeirx Groff X J. Crean X J.C. Penney stores X DqwUncatVAM (Division ofJ.C. PWAk67Co..b4 X htgbgStoteslSaldeCeateta x >C Pamey X . JCPamsytianosaaro x Jaek Loeb Thcab= Moain dnmtea Jacobson Stores, Inc. cn.•iar�wr,►sc. snc3y►r�au>, �� x abooa, fay d i "pa Jaeger Spottswent LAL X woa�n'tnppanet Wivis;oaorCoatsYBk.) x Jay Jacobs X xww-*fM apparel • Jaylaeobs FerMea X Jq Jaeoba Parma Jt women X by boobs For Wmw x , Jeanifer Convertibles, Inc. X Jami&rCearortiblec X Jeaat(brLarber X JenaifaLiviagRoaa X • x Fmfo�,lesuumaidb� X Jessica Mamtock, Joan & David Helpetn, Inc• X Wmvft appal, shoes J=&David X Joe Senser's X Rowiads/bm Jobwy Rocker Taternadonai, ine. X r tgrom Jos. A. Banks Clothlcts, Ire. x Mtd$ •iw x Pis food x Fan £ood X = x X - X x X X X X = will Baas in a reltfoaal matt. recut rroLomo urcup L,.Zm. rram nu. iv cew =• •i ri )ust For Feet, I= X AddWt Anlo x Atblotk [.adr X bRaw S. X JnstpaPeet X just For PUG, ba. X Aauaanoevhisq oae.rrlddW � IG)'&e Toy ftm X To7a%uow A*o pmo (Di alm ottbm Udood Stun Corporation) X Kay See Tor Wotks . x Kay Soo TWA x ICCraSm Th*Wu Movk thoatas KeYs Reftuma X RoomsoWUO X Fratood ' X X X KiddieKoncepts,Inc. X Amomm*hy =dcWdU =Wod n Xi�+++hbswt Kidney Shoe Corp. X Rir 4mCs, Im X Aedooflaubta/ttama, ham daoodlaeapr/drapes Kkum's H&mzk hm x Kohl's . tion X Depnomea mm Ko1�aDepatvnauStotoa X X Paotfooq.=mw=Wbaa X X _ X - X — X X x X X X X X' X X X X K's Morah"w Mut, Inc. X 3 «�+ra eioorioaicx, Gana Eidap rm Jawdw X dxodltropdday�ea, bas:awar�lsmalt app1, VS Maebandieo Meet X Kuppmhcbw Muu&otmm Ina. X Men'sap and . X Panhod X LmlivA Thcatm Corp. X Movk (Div�tioaotsavarC'iaoenae, JgoJ X - Lsae Bryaat : x Woatea'aappatrl PVWM offm umbA U-4 X —_ Laser One X Atumedplay oeata�lehitd eardodty (DivkioaofMusanau lervaaaat Co,) X L&M AShley, MA X Wanea`e appm4 bed et bath ltam, hotno demur bmpsedmpa (DivWm o Lvm AthtoyHol&g pLC) X Learning Ex po• hm X tioaaUenvicoamaatsl, wya/gamadrideo garnet X W01 Imw in a ajoW maLL hidA'i rib cm taroup, LT:A. r rLwir, 1`N.J. otter -Aar I. i7 cuvu u2• .quna 1 i.1 Lochtem )]1C. �kkd= � x Qlilu/$1 cudaY were, hoaaservms/samU yMSenop L>:Chton x x ttasmapsrNSlbsrs . x x r+ Legs Beauti l x A- 20rier/oo m+m jOws y (DilaioaofComesCcouPLtd1 x Leractone, • x �' r�/>mWOAlf� b00k> Clir/milil. rCil�IpYr itemt LensCtaRag x I x Opiqu x smc mtm x Low New York Inc. x wogpen's sppand (Divi" d-ft Limhod, ine.) x • Levi's Only Stmet X ChildKa`�1n1a1'e wwnellc alpparel (Divitioq or Levi Stonpa Jc Co) x Dockm Shop x Odsw Was swo x UA uniform x Mw%kvmcn%8 OXVW a OtAn liea Cotp.) x Whouch Portrait Smdios, Inc. x PbMfiWrbhag/ WbA ( WISIoaofLifebawLIM) x Lillie Rubin A lliams, Inc, x wom - s spp" x Raxumaotlbem Linens' N Things x w & bub Fames. home deomuwgsmrjpos x Faettbod - ' x Festtaod. — x _ Lialo Professor Book Centers LLC x Dootue LialaProfwwrBook Contor x Lwlo Prof=W Book company, x Liz Claibome tee. x Worm - $ appuel P.tinbob x . Liz CWbome x LizCbibcme x LizRVMAirportSN= x Loewe Cineplex Enw ainment C(rp. x MWAC e • NiVW= of Sony Cotp•) x C Ode" x >MNC x Loewe'[hesues x MsQidJobnsoa'fheanres x SmThv** x sn�Taan>"s x Fm hod Lord & Taylor x DqAdmed , mne+ (Di otMsy Dqwmwm Swu Company) x Love From Minnewia X }iplw deoodlempddnpeR. solwoninl Hallo CMesgo x Lave From Chimp x _ LoveFaom hfima Boas x _ MinIMSOr ->Ili x Mi> x semda Law x sit x x Fsstroed X+ Wi ll iotw is s regions! mall. rKU'1 1'ICW11W Isroup, L'Gt36 - — t"1 Pad. D1G - CQO1G jan. 17 cam =.c4(m *j P10 • X X Fast food X - X ' X Macy's West X ( Divif ioaoiFedaatodDepaea�ncs�,a,Tp�j X . WM0 HMO Stove X X Flut Good X X _ x - X x X - -- -- -- - X Fad food ' X Fast food _ -- X 1au�od satoa;etlbgadprahoeis. Mark Shale X. HOW"MI(t ppK4 QxvW=QfAISaxfoa ') X - Mudn Newman Shoe Co. X Shoes NateriUMShaeStoti x New=* Shoa X Mary Kay's Bridal X Bd" Masters TVXC o X D Wd fonadwar Maurice Rothschild & Co. x Ada►'r/womea'a appard Mautices, Tne• - X ms's apparel p)ivirlos oiAawrieaaRMU Qv* IW4 x hxWosi X Maui= X Max & Brma's Reslautants, be. X Ras hers hom food We x Mix & Em's x MC Sporting Goods X 5portiag peddafte vmr Mc spots x X Fastfood Merle Norman Cosmetics X Ccsm 4cOb dy eardtraSrinaa M" I s California x (DWSIOn ot' Da)loa #vdwa Corp.) X Xs X X — X X . Smak & Ab X Maw$ Suns, Ina. X Art WIGcubtadraraea, an =pptkx/eattslhobbies Aaron EtoOM All MW X • X= Wqt looxle la i t+egior►al maq, . r1dS I MCComb Uroup, Ltd. MUM: -NU. .+a a Y4.7 cciw rio. -.w°■ l i Mrchadt X Michelson Jawalcrs x 1~uie jew0lrylwakhet Mlle Inc. x Cwlerylldmpww" Mika Crivcllo's Camas Centers, Inc. Caa dr Ulinutentaa- Press X pbowc, siprwpottal aonIeo ' (Dtvt�ia► orMfaucemia tact lntematbaaq X ' laW=dwal Minute Prat X Milvanaft PM X Speody Sian A RWO US.A X Modern Woman X Wop C* appwd MosMi of America, Inc, X woasota X Fast rood. testanwulbsn Morton's Rmun raw Group, Ina, X RCWMWAUA 8atoffiu "t X Matou's ort7ueato X Molhers Work, I= X WaneNFsWMI A Pts in tbt PodlMbni 1Rater0iq� X malwaitywoft X Motherhood Ititatemity X Moto Photo, Inc. X Phapr g/portra►t,GWW oat Hour tiewr aw X one Hour MocoPlwto A PoraaitSauk X Mr. Rags X W106sppard (DiviafoaOtClair0'astores,Tnea X x 6skeciesfbaieWpeettwlc X - X _ - - - X _ x -- - x X 1 X a�►p► X XY B b FF•Yl iiu ix nY1 ui x Mustalarid Stores Coop. X CDt/0a* tapM video ra tmVW% MedisPlay X On tae X Y X $uneoaat Motwa "am C01bpn►y X Myra's Cards do Oft Ina. X CadOv+licavy N. Landau Hyman Jewels Jemehy sage Namco Cybor Entertainment 1w. x Aaas+eateatlplsy eo»tastehild wd6&wAioa ' QYwidan otNat = LIL) X rune out X Naonu"a Hallmark Shops X • cw&ftu' X Fast food National Amusements, I= X Movii *w= muldpla Ciamn X Showass+Ch"aw X National Record Matt, Ine. X " CC idsapes• video terra v ales mvi ie oa ds X Maeie X X NRM Mude X Natioasl R000rd Man X X Will bests in a eesionsl snap. . . FROM : McComb Group, Ltd. PFD NO. 6144-= = r Jan. 19 2000 09 :49AM P3 rm x Wavoc mwo X Wave Muaie do ("itAa X N&WW Wondm Inc. X Natwralizer Shoe Store OwW X shot (Dirhtioa of Wows Ceoyp, tae,) . X Naatdtser X Neiman Marets X, - (a of Ndmau Mateao q X 'almoa'slaroaum9 a VWL d%WOna►t9ftM Saojow4tq /warches B�SdecfOoodman X Gagaietof Neimea Marcel x Neimaa mum ' X X Fast food X Nvklo W'a X N'me West Oro %% br. X shoo 9 d: Ca X Bubb Shoe Studo X Cahn rick Shoat db Rapt X EWSpirk X E.slrspiricowla X EAMON" x brac well X Noodle Kidoodle, Ina x F.dueatioaaVeavitoamatnl Nordurotn, X Shoot,dep nontatetea ,otrrpteaelotdlotxtorott Catloway0olfAppatelbyNotdsttom - X Faeoanabk Bontiquo X HwA Shoes X - X xoMwoea X. dtNem -�eh- X Notch Beach _Lecher X Mets'e/WOA='ssP4wot X Reawntsibm X Northern arm X MuedWomeses gpwd (DlrisionofVaaaoeGraup.taa.) X Norduutt Elanaaq X Notdteta Oaaww g xoAbera teeMotioae X NoethetaTraditionst �( .. . Northwescom Book Store X Boete s Amity Bo*UM X CWWBO*stwe x Nonhweaan DookStpe X Olan Milk, Inc. X Pbew6swdwlm � 06n 140X vidt • X 010 Mtge Pornait Studio X X X _ OUl s Retail USA, bo. X _c almittappa d Origins X Cocmaiolbody MdAaFs= (Dtriston o[Esoee t:auder e�eopant,+a) X X You food X R X s wiv bm is a teSioeal malt. WUM MCf.,Omb UrOUP, Ltd. M NU. b le=V ,fG J an. 17 40M m; h'4 T_.___ -._. _ X r X X _ X X OSF Intaactional, Inc. x Ree usaadbars Old WOW Factry X O*Xosh WOO* Inc. X C befift Pa apparel Odkosh nuh Showaaa Saxe X Oshman's Sporting Goods, Ina X SIB VodsW4ldW ww pelmaan4SpoKiagGoodt X Odu =%SWAP M USA x Pacific Sunww of California, Ina X, mftvwmdt apparel PaclfioSnnxrouoiGlttoroia ; X d.eaLO. X X Faa�od.taaalbaa X X Fact ibod X X X X - Papytns l!raachisc Corp. X c�oddstadoaar - X X RasbumbAm X Paul Harris Stores, Ino.. X wo mes appal. aoo M= iep=M= jwmkY Pala' g X 19n1 iianfieDitca x Pad Artist & Craft Supply Corp• X Pad ArdstAL O A x MU art anppliaAaA0hObbiu/disop q:tores had Paiac X , Pedro'$ Luggage Ln Pendleban Woolen M{tls, Inc. X Mm's apparel . .X FrAfow X Pe msylvenla Fashions, Inc. X sfma�slwoaxa's apparel Gq= X Pin 21 X S%daaaa . X PapWs Bedroom City X ywa oub performance Bicycle X $paft Voris/ 6kdowm, bkycla Part vma skycle Fxp m X Porneo 8leyele Stag X X X — Restsunn�slbart X X X X Pan food X X = MU loco is i raglaaal iaall. FROM Mc O mb Group, Ltd. PH ME NO. 6122. ►c= re Jan. 19 2000 09: SOAM PS Y X �x /� tree k� repaaeaatrlbare _ -. - - - X htesletaaatdbats \ x PAN row Planar FIoUywood IMansdow, IM X Rea�ea�bo�t Cod?b=Catb X Ot6eid A114WCato X MUKHdywood x TaTaTNV x Wild bek� Seeaic 8BQ x Polo/Ralph Darn= Covoradon X cmMrawmeawwomoft appu1 Power Play, Int. X. A=MMMWq CMWMkW ocaaat powerphy x Yeuadrys X premium Remtamam Company Reastaaanfban Ciud"rSa�im • x PrtM% X Gwkeaaadyom Pritttaget _ X • A�yeeaeerdoltildaudEoduapoa tclaacetRld.tKtealo� x ' Prints Plus - x Aedeotlepibkdl'rana (Divia;a► *fcP Copp-) x Proffites, hr- - X (Divi�foaofsablaoaporarod) X _ Quality CMy FPM luc. X t:eodit nosaa"V= Rack Room Shoes Inc. X shoo " Rainbow Apparel Companies X qu'Idren'dwpnea't apparel CAM Chides x Mr X Fooanoer X plYm X • Rainbow X . uhu Downs x Rainforost Cafe, Ina. X' � Pau food Rampage Rte X Wa9A+F Rand McNally MaP & Travel Stores X Dockorm arses Rm pd U-& Cots x shoot im pd onnaftaeo slag x �+sbe.s X x Fset uON. raluamd+rUO Rays Shoos be. x show ROC Westem Srotos, Inc. X 00*0(dwed'sl-ornea's MM4 show, weam wra Red Wing Shoo Co. shoos Red W snow _ Red Wlas Snow & Repair ' Reeds Jewclars, Inc. x _ Mocimayrwaanoc . Rqd Cinemas, Ina. X ' Mwxaraplpbiy cenka/cldld coTdeducation, movie theaters (DivWftofHiek. Mta e.Tate & FurNK A Ca) - x Twaape Family FOR car r X Read Cinemas X Regis Caporaaoa X Seautyeatoa�barbor MastaCatt X • X •� wiq loeate is a repaid ntoh� FROM McComb Group, Ltd. PHOW NO. Jan. 19 2000 09:50M PS R"b i► X Suporoun X Trade seem x Rarnunton Pmduo% Co. LLC X mm Reink o" som X CatlayAa7eharwsre. of!- odowlae�orrs. ) esue prodnoa X • Am food x Fiaa iboa Rhodes, Inc. x Dap,twaau UM Risley's Meaa voias, Ina x RWeya Aud'a a Video X Rift Camera Genteel, Ina, x 4batote,isbiV4fpor1iit,elaoaO" ~ M*Mdar X Jaekmou Camera and Video X J:irsCarnaae 1 EtamJ'Aao X ltit:@arrraea+oQaalierui'h�o X Roche Bobois USA Ltd X Farrdtarelbods (DhrWmef Rock BobaaImmoda"O x Rocky Mountain Chocolato Factory X Owm 6 mow Rodier Pate X Woarea5r appard Ropes Ste, I= X Shoo Rogers Enterprises Ina. X Bi"j"mw"kba Rogan & Rotiairds Jawdm . _ X " Itcom •, X Fiore j� Andrews Jewekaa X DiaaroadstJM'miuod , X Rogcra Jawders X Roosevelt Bootety, Inc. X Sboes,:pottiag gooddatblaiewear" . Daviaa► Shorn x t.au►a Stan X RooaeadeBootery x Vaeo Sporting Goods X Ruby 1ltesday Group, Inc. X Rrs Ame iemc x Raby Twadwys X Tw'e Tae Mac Grip x Rung Restaurants, Inc: X Raswraewom Rya's Fa>rnly Steak Houses, Ina. X RCMMMWUS ¢}ivisiorr otRyano CaA) X Saint Louis Bread'Compamy, loc. X RatavialbasalrlprewA mwwmibaa (fltvisaaotAa Ben Lit Ce., Jne.) x Saks Fifth Avemw x aorea (Diva m Of Sdm brAtpwft4 x . Main Saes x Off -56 Oialeai X Resort X Sags FMAveme x Salvatore Saallopint, Inc, x Remo xo/bas Sanna,I= X Cmtdta ►twaroL�jewciry,earddtntionegr,p (Division of %U& Co, Ltd.) X — _gook wyWtameahi1d0o games sando x soda► Gift Gate X smaio $ "dm x Sasnak Management im X Resaursndbas Cation 0'FW$ x X WiR looue in a eegioaat MSIL FROM McComb Group, Ltd. HIM Mu. J au Is X f'sritboo.taraaaatdbats X X Scattdia Down Corporation X Dowa prodaaa f - - p,,,itt Music Company .. X mvfwt , Sehadttit(usieCeaaa X • Welk l�lusie Cempaq► $ X Fasttbo4� Schuler Shoes X shoes' N weahmetTV& X SdWa Shoes X Scbwenker& Mougin, Ina, x shoes Hokta t7otshdoa X . HOWAU Shoes X X real" Seats Pull Une Swres Division X Dqwbndswn (Division of Sao, Roebaok and Co.) X Sears Specialty Swres Division ' X gA*Ioa of Seaat, Ruelaok aid Co.) X Gwat Jodoots X xamu[o slam X Aria AhutwW Yirs do tiauory X Otdwd H dwae a ckt4oa X 0xk dSq*Haadware X . Sears Aoto Causes x — X rangy .roots X X Ulm Comfort Retail Corporation X poisbmalbeft 8haWs lac. X• RestaatmWbars sue= X Skmwbmage Corp. X �e> oa'ca.°pseatesis' Sharpe h"V X ' shntpeth>ugeJkeira X Shoe Show,lno. X AwvWOdw%Ow=kw*r, does Amer X SalittSmaaw X Shoe Snow X suDuioot X . ReataaaK Sw tureSalonGroup X ovaq uiondbute' Atsho D" X , DestCoa X H* Cate NWWW X xrnneoipaefe(oa X Silkari EaWBeaetton ' X Unhod Colois ofDe ift X Saverstone Pet Incl. X pew"iew MOW Pea Pet X Simply Fashion Stores, Ltd. X Waxes gp=L "cmoticW= mjcweky. shoo Sir IghtFormal Wear X Faundwe" X � • X g Will locate � a reYloeaet nnlL • FROM Mix:omb Gra.tp. Ltd. PhlE N0. 61245bbb ed Jan. 19 20M 09: 51RM P8 ' X RestawaaWbats $tg00thG uig8 Fraltchiaes, i qt» X Coffee boWljuke bars x i<iaa Food x " x Fs:<fbod X Sox Appal Ftenchising X sodtWhodM Spaghetti ward*t* , TM x ( DlvWoaoFCoocoudaodRcsaunptpropar ,1 x Ou spaS"Faewy x SpsOc t warabow. - x spaghan wae>awe lulls Gtm x Speum Gilts6 u' x Iwoeswtteskocanae je+yetry, alloogoraiblest8aiaa, , (Division of Uaiva W Studios, Toes x seasonal (tuap Iease) DAPY x' Owwt x Speaoaams X Stage Stotts, Inc. x Aepaaraanstaa Buis Dgwum u store x Palate Royal x Stays , x Standard Thatros x Movie tlastaxs Staiing Vision, Ina. x Opt'u�1leyowoar D aum x Dn14puad x Uwu* Opdcai x - tecr3►� x — Kk*Optiea) X tothed opdw X Si opf OP" X Sin for Som Byes x souu►«,o Optieal x . stcruoegniai x Supaiet•opd=t X Steve's Shoes, Inc. x 81100 Ovormnd•nadias x Sol* oomoora x swj* sbm x Stridc Rite ChUdrett's Group, Inc, x ' suers (Division of The Saida Rita Cotpa x GttmtPoa x S" Rile x x Paa64 saaat x X Stitt h= X ' malsAppull . (Division otMw I.iYA4 Inc—) X - Stuart Andacsons Restaurant, Toe, x >zcu&UMUS&n (Divn3oa oFAtaaiean tiedaueant G eoup, lr►e) x _ SmattAtssoa'e x — - 81aek Aagna Rostmnant x watt M►dason"s Cutts Company x X Baixtierlbsgek/pmads. eardclasitattety. eoavetttake atottx x Fait lbod X X — wit baste is tregiona� matt. . R rscu'1 1'Ib'1rLJllw tilNt4f►t t. N3. rnLx= mu. O1CwiJO✓JrG Jelib 47 cCIW riv -4.wri r7 x Fat toed x Successo�ries . x . sa$oad t+ .weer Factory X Sweet Ideas LP X Mt. 9ditTft talks X X twat Ibod X . X • X _ x ' x x Fau tgoa X X Fast ktod, O"Mader"ss X 1Rasa teod X Fast trod . x Fat Good Taws. be. X Chi{dre +eanaskappmd,tdwa Talbott X . TAU% Aeee wdcs dt Shoot x Tallm Kid$Ratbas Babies 3( TAN=Petitee x , Talbot$ WGUM x Tenberlc, IM x /lpeetrDOriodoostamekmily x - Paubv Facer • x ` TWO Pius Taro X = • X Fatttbod —' X x X T1 Athlete's Poot Group, Ike. x .Sion, (ividoaotitallye) X LaAes Foot & Kids x The Addetes Pool x . ThaLookeeROOM x The Batbets Haiatyling for Men do women x ladwskarber City t,ee680%m x . Con, Cattaa Family HairCsre x Family Maeicu swo x The Ruben x The IfWatbormM x WoUcHsir x The Bombay Company . x HOme deep &gWdupw The Book Rack Fraaebisiog Corporation, X Bookatmes . The Buckle, It= X appstet. shoes X C0601mawafta" ' The Cbert Rouse, tne. X Ra anow/bax The Cheesecake Factory Incorporated X — RataaierAtaPets/pretuhr, r,tatrlban Thachaest a6phaoey X —_ Ths Cheeseeako Faetosy Ba wy Ca& X The OwNeake Factory Exptes: X The Childrmfs Place Retail stores, Inc. X chdret►'s Tha Chiidres't Pltoe X X — Witi Ioara is a aogiostal mail. rt�.A'1 rlet.omA taroup, LT4. rrltllyt: atea�aa�tc .ran. t� carxr r��•�cra•t r-iri - - The Clarks Companies, N.& ' x $ (Division otC&J CUdw 1.W4 x Bostoaisa x cum x '- tianever theca x The Connoisseur x Sao -indti m Parma SitWmmptgpe - The Custom Shop Shirtntakers Inc. ' ' X l46* apparsl (Uivisioa of Honti Vft Cbtfbas) x The Cuticry x . Y.a{va4 The Department Stores Division of Dayton x Dapae<vw anew (DivicioaotlAyooaHodfonCwpa x «►� x Hadsoda x Marshall F ft x The Disney stone, Inc. X (ai>drotslmenY/.+o,nen's apparel, at�lloedbledfiaeaa,� OWwon om waft Dietary Cwnp,m) x pow The Elder - Dearman starts Corp. X bom tare mxdbok deparnow s om aids- BeeeanauDepatmneatstaoc t X `Elder- aoenban Punatturo X Shoobiloet �( stonaarrh�n.a x MW Finish Lino, Inc. - x 4offrag pobAddeftwow The Forgotten Woman, Inc. x tae$aEiter N ' li The Franklin Mint X AM aidtlstatioaey, d+ina/atassware (Division otRoll latam dmw Corp: • X ' The Oteat Train Store Company X Alt SUPPIWaaftIlKWON WWVMN vidoo galas, sum al (k bast). The Hair Glittery x DORM saloatlbaew - Tho Hang Up Shopped, Inc. X Idea'eppparel = Man Alive x The Jones Store Co. X Depsaaa atoto The Limited Starts X wemedi (Division dMwLditw , tae.) x The-LimitcdToo X Childreslaoppatd (Division of the Limited, ]era.) x The Louie's Companies, Inc. x 8tsd Howwwar Lww% Tax Sh" x The McGregor Co. x Flootooveft% hone de000Natapddrapa Kenwood IIowe x s X The Mole Hole X Gib The Museum Company x ItttrooltagibletJPramaG, aaawtial (ate rem) Tho North Flux, Ina. X Spain poodsladdaio war ThaNadiFaee . X ' The Orvis Co., Ina X Spork Soodfltuhletk war - - - - - -- -- - - x Raft food . X X The Right Stack Inc. X Chi cdt apparel, soysipmwvwm anus. ebQdlt w pYo&M The San Fra►cisco Music Box Co. X AntalladbloWIV & music be= ( NVWM of Veaaw Groop, X _ x __Patstool.=muiaaulbsts X X pan 600d.reetauraatUN X Rcsnutaanlbars -- X - X X - Will locate in a 14e821 ML ..FRom : McComb Gi - alp, Ltd. MJ. olGJJO��a �•»- -- ---- -- -- I • � x _ X . The wet Seat X Aeanua�/ooia�aakarouy.rvoaaoa's x Co=w" Ca* x Umb= Loup x —_ 'ketsed x The Whim Noun X woe's app" ^ Bbxdctdarkat x The WMMHw == x ThingsRemembwed, Ina X • Anlw�� (DivisionofCob:Nubeul Co=p=atioq) x Thin Pad Up Fundtare Co. X . Foe are Tie Rack (U.S.) TM X AcwndwftO (Dividauof7kRadcPLC) x AaotSft f x TWKMSMP x rNlEeoie x Tip' yffam & Co. X • fw jewd*4wxwba, udeogxdbieatfrs�aet obma/Sia::wue Timber Lodge Steakhouse, Inc. " ROOM°aa"row Mader Box Tateroadocai X F•ax jerrebylwatohes•p�smbap �� 7VF6's Reswnob, I= X � c,>'a X rippia'a Ra MMA aPie Parry X - mea'y«roaxn"s appud Tommy Rafe" Rail Inc. . Tomorrow's Memories X t - TomorroWSMother • X Womea'snppud TowcrRoc*/VidcoJBocks X •Booksa .�videoeauausata Pvww ofum bo x Tow 1 kab at x ' Towercdcdea x Toaw2wanb X Town Vw" X - Ton R Us, hr. x Twjdpmadv "SU= $*:a'Rtk- TAeBabySVwsIme x Kid$ ' x Toya'R Oa x Tuden Trail, Lac. X Sboea BWMNM x ovaiead Taft COMM x Tndehome Shore Stores, I= x sboa x %wU Tams World Fxtter 6mwdCorp. x ' �'� Coeowaa Mvak d<b x F.Y.E. - ForYon<Eatertapnagd x Marb� x = . rhnecMuxie x s Reaad T"a x — Saa nbymwbw x -- ! saawbadwMU* •• x Wade Maxie x Tsavel2(l00 Travclgcar X Lead• uavd aecozi°e X Pau food X X= wM loan is a resioaal VWL FROM : Mcb=b Group, Ltd. rt•anc Nu. • O1 ia+w.+ G a•w •• rr .... v. _ _.. ,_ _... _.... x ' x Uhieutartrt- Optical X OP" WWW United Ardsat Theater Circuit, Inca X twowe tiepuerc -Uno Rcstauraat Cote. X " _ i'izzaiat7tw x et erk Uso 00 & Brewery X X •Futbad X vanity Shops of OMW Forks X a► a X gaicaiec'..�:��; ,.�•:t�.testtut>mdbsn X x viewla's Secret Stores X Worm's Rvard (DivieioaoftstimatoBtagdsa tasa x w �ia's seerct %* daFrapance X w victotia%seetet ibday x Vaooua'eSoaasmra. X Video Update, I= V" mftvsata x jk%food X ' viigin Emertainmetu Group, Inca X dta s. boola. vidoo teateVseko ( uiivbionofvi &IREntseaiAW"CNVkgNL%) X VWQQUCMW x f Work xepfte X Vista Eyecare Inc. X OpLaJlEye - Eyes Save It X — Fati ny Erwar X flame•a -Laic x Lee 00e31 X MidwestM"cow X vi:u op* d X vitamin world, br- x rt+midous atao�ataa (DtvkioaoMmse's B=W. me,) x Von Mbar, Inc. X X Pau food Warner Bros. Studio Store X ChiidmyMcawwomees mud VMS* of Time Wow aveegimsest Cos>PM) X watodord Wodgmaw USA, Inc. x AWODeaMeSeI, Wax Works, Inc.. x Ditk,odcoy x ,Reel Cotkctfons x Wehralbag Theaters, Inc. x z Emerrritat x w etvenirorg'rl+eata►s X Wel come Home, Inca x Fntu�aar�bedc Home spin X Welcome Home X X — BakMjWuQdslpretzd& fan food X -- X Weststar Cinemas, Ina. x M' Festival •theataa • X • Mara Theaters X • X � W11 loeuo in a t+ctiatel maR ' y .FROM McComb Group, Ltd. rvu. otw.�oa•+ -- -- - -• White Wolf Whitehall Jewelem 1w. X FiaeJewdry/waetba�c kwol Box X Lwidsuom kwclers X MadaBeos.Jowctas X wblubau Co hwow X -wielm N Sticks x ttome aeoodh=W - (Oivw" ot'wN% b44 x Wild Wtmgs, Ina. x Wiilia=&notna, bM X Bed atbA linen. dWVSU=wW. adaAftinwae. came xotaDMydft X d0=100 poamy Barn X wutian,Sonoma X Wilson Suede &'Lecher X - % MPM and aaomwin WilsmThe Leather Experts X woman %agaret, man%appami, ka DOM= lAACr - x Goorretowa Leuba DwP X teary wea X waft worts X wftw X vlrm=a Knits Inc. _ X 00'oaplma4 wonan%"PWA INW Rwd Wolf Camara IM. X Cpl pbow _ X FexPbooa X Wotfcamera X WaifCmcra&VUl" X Woodroast Systems Ino. �' _ • X pndy/;oa a sudyapi%eon bw4t iea bar:. fast Good X X X X X X salaeeialbaaet+hU• andyfoe ereamlyorneb oottbebaryj�riea bari bst X food x x Z Ga e& X AW*AootiM= fwieI bad do bark VON$, OfMbuoamy. &kdg%wIw . �deooallampdVdeapss.aadaha .i ; ' •, , Up CMP. x Fiaa jewabyJwmeh� ' Bafty,BeftatBtd& - x dordods Jowalas x zstalowd= X Zany Brainy x gdneat' ,i,. • ,.• ,1 Zatfas Luwp & gifts Carp. x L9Ww&W4P s • X• will loesu in s te�iotW mdt. . EXHIBIT G Certificate of Completion This is to certify that.the Brooklyn Center Economic Development Authority, Minnesota (the "Authority"), a public body - _corporate and politic, has determined that all construction and other physical improvements specified to be done as the Minimum . Improvements by Talisman Brookdale, LLC (the "Developer ") pursuant to that certain Development Agreement dated as of 2000, have been completed. BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY By Its Executive Director 988288.6 G -1 EXHIBIT H Assessment Agreement THIS AGREEMENT, dated as of this day of 2000, and among the Brooklyn Center - Economic Development Authority (the "Authority "), Talisman Brookdale, LLC, a limited liability company (the "Developer "), and the Assessor for the City of. Brooklyn Center (the "Assessor "). WITNESSETH WHEREAS, on or before the date hereof the Authority and Developer have entered into a Development Agreement dated , 2000 (the "Agreement ") regarding certain real property located in the City (the "Development Property ") which property is legally described as follows: WHEREAS, it is contemplated that pursuant to said Agreement,_ the Developer will undertake the renovation of an approximately square foot retail /shopping center ( "Proj ect" ) on the Development Property. WHEREAS., the Authority and Developer desire to establish a minimum market value for the Development Property and the improvements to be constructed thereon, pursuant to Minnesota Statutes Section 273.76, Subdivision 8; and WHEREAS, the Authority and the Assessor have reviewed the preliminary plans and specifications for the improvements which it is contemplated will be erected; NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. Upon•substantial completion of construction of the above - referenced improvements by the Developer, the minimum market value which shall be assessed for the Development Property described above, with the retail /shopping complex constructed thereon, shall be Forty -Five Million Dollars ($45,000,000). 2. The minimum market value herein established shall be in effect for taxes payable year 2003 through and including the taxes payable year 2007, and that thereafter this Agreement shall be of no further force and effect. 988288.6 H -1 3. This Agreement shall be promptly recorded by the Developer along with an attached copy of Minnesota $ta.tutP,,, Section 469.177, Subdivision 8. The Developer shall pay all costs of recording. 4. The Assessor represents that he has reviewed the plans -and specifications for the improvements and that the "minimum market value as set forth above is reasonable. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall they be construed as,.modifying the terms of the Agreement between the Authority and the Developer. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. IN WITNESS WHEREOF, the City, the Developer and the Assessor have caused this to be executed in their names and on their behalf all as of the date set forth above. BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY . By Its Chair By ' Its Executive Director TALISMAN BROOKDALE, LLC By Its General Partner By Its This Instrument Drafted by: Briggs and Morgan P.A. 2200 First National Bank Bldg. St.. Paul, Minnesota 55101 - 988288.6 H -2 STATE OF MINNESOTA ) COUNTY OF ) SS The foregoing instrument was acknowledged before me this day of 2000, by and the Chair and Executive Director, respectively, of the Brooklyn Economic Development Authority. Notary Public STATE OF MINNESOTA ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2000, by. the of , the general partner of Talisman Brookdale, LLC, a limited liability company, on behalf of the Company. Notary 988288.6 H -3 CERTIFICATION BY ASSESSOR The undersigned Assessor, being legally responsible for the assessment of the property described in Exhibit A attached '_hereto, certifies that the market values assigned to the land and improvements as follows are reasonable: January 2, 2002 and subsequent assessments through the January 2, 2006 assessment for taxes payable 2003 through 2007: $45,000,000 Brooklyn Center Assessor STATE OF MINNESOTA ) so. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2000, by - the Assessor for the City of Brooklyn Center. - Notary Public i 988288.6 H -4 I EXHIBIT I FORM OF TAX INCREMENT NOTE UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY TAX INCREMENT REVENUE NOTE OF 2000 (TALISMAN BROOKDALE, LLC PROJECT) The Brooklyn Center Economic Development Authority, Minnesota (the "Authority "), hereby acknowledges itself to be indebted and, for value received, hereby promises to pay the amounts hereinafter described (the "Payment Amounts ") to Talisman Brookdale, LLC, a Minnesota limited liability company, or its registered assigns (the "Registered Owner "), but only in the manner, at the times, from the sources of revenue, and to the extent hereinafter provided. The principal amount of this Note shall equal from time to time the principal amount stated above;._as reduced to extent that such principal shall have been aid in whole or in a rt P pursuant t P P o the terms hereof; provided that the principal amount listed above shall in no event exceed 2 900 000 $ as provided in that certain Development Agreement, dated as of 2000, as the same may be amended from time to time (the "Development Agreement"), b and between the Brooklyn g ), Cente Economic Development Authority, Minnesota (the "Aut ority ")r and Talisman Brookdale, LLC, a Minnesota limited liability company (the "Company "). The unpaid principal amount hereof shall bear interest from the date of this Note-at the simple, non - compounded rate of eight percent (8.00)% per annum. Interest shall be computed on the basis of a 360 -day year of twelve (12) 30-'day months. The amounts due under this Note shall be payable 45 days after the City the property tax settlements from the County, commencing with the first property tax settlement in the year 2003 to and including the Final Payment Date (as defined in the Development Agreement) (the "Payment Dates "). On each Payment Date the Authority shall pay by check or draft mailed to the person that was the Registered Owner of this Note at the close of the last business day of the City preceding such Payment Date an amount equal to the lesser of (a) 80% of the Tax Increments (hereinafter defined) received by the Authority during 988288.6 I-1 the six month period preceding such Payment Date, or (b) $650,000. The Payment Amounts due hereon shall be payable solely from tax - increments (the "Tax Increments ") from the Development Property and the Adjacent Property (as defined in the Development Agreement) which are paid to the Authority and which the Authority is entitled to retain pursuant to the provisions of Minnesota Statutes, Sections 469.174 through 469.179, as the same may be amended or supplemented from time to time (the "Tax Increment Act "). This Note shall terminate and be of no further force and effect following the Final Payment Date defined above, on any date upon which the Authority shall have terminated the Development Agreement under Section 8.2(b) thereof, or on the date that all principal and interest payable hereunder shall have been paid in full, whichever occurs earliest. The Authority makes no representation or covenant, express or implied, that the Tax Increments will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable hereunder. The Authority's payment obligations hereunder shall be further conditioned on the fact no Event of Default under the Development Agreement shall have occurred and be continuing _ at the time payment is otherwise due hereunder, but such unpaid amounts shall become payable, without interest accruing thereon in the meantime, if said Event of Default shall thereafter have been cured; and, further, if pursuant Co the occurrence of an Event of Default under the Development Agreement the Authority elects to cancel and rescind the Development Agreement, the Authority shall have no further debt or obligation under this Note whatsoever. Reference is hereby made to all of the provisions of the Development Agreement, including without limitation Section 8.2 thereof, for a fuller statement of the rights and obligations of the Authority to pay the principal of this Note and the interest thereon, and said provisions are hereby incorporated into this Note as though set out in full herein. This Note is a special,.limited revenue obligation and not a general obligation of the Authority and is payable by the City only from the sources and subject to the qualifications stated or- referenced herein. This Note is not a general obligation of the City of Brooklyn Center, Minnesota, and neither the full faith and credit nor the taxing powers of the Authority are pledged to the payment of the principal of or interest on this Note and no property or other asset of the Authority, save and except the above - referenced Tax Increments, is shall be a source of payment of the Authority's obligations hereunder. This Note is issued by the Authority in aid of financing a project pursuant to and in full conformity with the Constitution 988288.6 1 -2 I and laws of the State of Minnesota, including the Tax Increment Act. This Note may be assigned only with the prior written. consent of the Authority. In order to assign the Note, the assignee shall surrender the same to the Authority either in '_exchange for a new fully registered note or for transfer of this Note on the registration records for the Note maintained by the City. Each permitted assignee shall take this Note subject to the foregoing conditions and subject to all provisions stated or referenced herein. IT IS HEREBY CERTIFIED AND RECITED that all acts, condi- tions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done,.have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the Authority outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the Authority to exceed any constitutional statutory limitation thereon. IN WITNESS WHEREOF, the Brooklyn Center Economic Development Authority has caused this Note to be executed by the manual signatures of its Chair and Executive Director and has caused this Note to be issued on and dated = 2000. Chair Executive Director I 988288.6 1 -3 CERTI_FICA_TI OF REG ISTRATION It is hereby certified that the foregoing Note, as originally issued on , 2000, was on said date - _registered in the name of Talisman Brookdale, LLC, a Minnesota corporation, and that, at the request of the Registered Owner of this Note, the undersigned has this day registered the Note in the name of such Registered Owner, as indicated in the registration blank below, on the books kept by the undersigned for such purposes. NAME AND ADDRESS OF DATE OF SIGNATURE OF REGISTERED OWNER REGIST RATION, )EXECUTIVE DIRECTOR Talisman Brookdale', LLC 2000 988288.6 I -4 EXHIBIT J LEGAL DESCRIPTION OF ADJACENT DEVELOPMENT PROPERTY [Insert legal description of 5 anchor store properties] I 988288.6 J -1 EXHIBIT K DAYTONS AGREEMENT 988288.6 K -1 i 01/14/00 FRI 16:3 FAX-305 6 62961 6 TALISMAN COMPANIES LLC 9042 08!20!1999 Brookda►a J BROOKDALE k.9 4 1 ZA - BROOKLYN CENTER+ M 4NESOTA DAYTON'S SECOND SEPARATE AGREEMENT TO OPERATING AGREEMENT i THIS SEPARATE AGREEMENT is made as of AUO Ug f - 1999, by and between TALISMAN BROOKDALE, LLC, a Delaware limited liability company ("Developer'), and DAYTON HUDSON CORPORATION, d/b /a/ Dayton's, a Minnesota corporation ("Dayton's'). WITNESSETH: i WHEREAS, Dayton's and Developer's predece m have previously entered into ark, Operating Agreement dated May 18, 1978 and recorded May 18, 1978 as Document No. 1273419 in the office of the Registrar of Titles in and for Hennepin County (the "Operating Agreemenf I by and among, inter alia, Developer and Dayton's; and WHEREAS, Dayton's and Developer's predecessor have also entered into a Supplemental Agreement dated May 18, 1978 (the "Supplemental'!; and WHEREAS, Dayton's and Developer are the sole holder of their predecessor's rights Sup p lem ental; and under the Operating Bement and Su lem , P 8� P P WHEREAS, Dayton's has agreed to remodel the DDC Building and Developer has agreed to remodel the Shopping Center, and WHEREAS, Developer has agreed to contribute to Dayton's $8,160,000 as a Section 118 Non Shmholdcr Contribution to Capital, payable as set forth in Section 2 below; and w, DHC: 28467 v8 01 /14/00 FRI 16:39 FAX 305 6629616 TALISMAN COMPANIES LLC X1043 WHEREAS, Developer and Dayton's have agreed to amend the Operating Agreement and Developer has agreed to seek the other required consents to amend the Operating Agreement as provided in Section 14 below; and WHEREAS, the parties to this Agreement want to set forth further agreements with respect to one another regarding the Operating Agreement and the Supplemental with the understanding that this Second, Separate Agreement will not be filed of record. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions provided herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Capitalized Terms. Capitalized terms used but not defined herein shall have the meanings set forth in the Operating Agreement. 2. Mall Renovation, Developer agrees to remodel the interior common areas of the mall and the external common areas as well as make all associated off -site improvements (the "Mall Renovation") consistent. with Ci) the site plan attached as Exhibit X to this Separate Agreement; and (ii) the Mall Renovation Plans (as defined below); provided such renovation is at least equal to the quality in design and finishes of the Rosedale, Southdale and Ridgedale Malls. Developer agrees to spend at least Fifty Five Million Dollars ($55,000,000) in so- called hard and soft costs in constructing the Mall Renovation. Developer shall complete the Mall Renovation within the Dayton's wing of the Enclosed Mall and the center court of the Enclosed Mall as labeled on the Site Plan, subject to force majeure, no later than November 1, 2000. The Mall Renovation shall be constructed in compliance with all applicable zoning, fire and building codes and in a good and workmanlike fashion. No Mall Renovation work or other construction work of any kind shall be conducted within the area marked on the Site Plan as "No Construction Area" during the months of November, December during Dayton's Jubilee and Anniversary Sales without Dayton's written consent, such consent to be granted, withheld or conditioned in Dayton's sole discretion. 01/14/00 FR 16: FAX 30 5 6 TALISMAN COMPANIES LLC 1044 Developer shall submit to Dayton's within ninety (90) days of the date of this Agreement, proposed design development drawings and plans for the Mall Renovation. The parties acknowledge approval of the lull Renovation does not include the right of approval of -_ individual tenant store interiors or store fronts. Dayton's shall then have thirty (30) days in which to provide its comments or approval of the plans, such approval not to be unreasonably withheld. Developer and Dayton's agree to cooperate on approval of such plans and upon such approval such plans shall be referred to as the "Mall Renovation Plans ". To permit full exercise of Dayton's rights under Section 12 of this Agreement, the Mall Renovation Plans shall include detailed information about the Dayton's Court as defined in that Section. 3. Capital Contribution, Letter of Credit (A) Developer shall contribute to Dayton's $8,160,000 to be used by Dayton's to remodel the DDC Building (as provided in Section 4) (the "Capital Contribution') as a Section 118 Non - Shareholder Contribution to Capital, payable in installments until the Capital Contribution has been paid in full. The first installment shall -be in the amount of $500,000 and shall be due within ten (10) days of the execution and delivery of this Agreement. All subsequent installments shall be in the amount of $957,500. The second installment shall be due within ten (10) days of (a) Dayton's commencement of construction of the remodel of the DDC Building; and (b) written notice by Dayton's to Developer of the commencement. Each subsequent installment payment of the Capital Contribution shall be made on the first day of the next seven (7) months thereafter until the Capital Contribution has been paid in frill; provided that Dayton's is. then proceeding diligently to construct the remodel of the DDC Building or has completed the remodeL (B) To assure Dayton's that sufficient funds shall be available from Developer to pay the Capital Contribution Developer shall, prior to December 1, 1999, either (i) pay the balance of the Capital Contribution to Dayton s in immediately available funds; or (u) deliver to Dayton s an irrevocable letter of credit, drawn upon a financial institution reasonably acceptable to Dayton's, in on amount equal to $7,660,000. The letter of credit shall .designate Dayton's as the sole beneficiary, DHC: 23467 v8 3 0 1/14%0O FRI 16: FA X 905 6629 616 TALISMAN COMPANIES LLC 01045 have a term of 14 months and provide that it may be drawn upon by presentment, accompanied by an affidavit signed by an officer of Dayton's stating one of the following: (i) The Capital Contribution is not yet fully paid and Developer has failed to renew this letter of credit at least 20 days prior to its expiration date, or (ii) Developer has failed to pay when due all or a part of the Capital Contribution, or (iii) Developer or a general partner or affiliate of Developer has filed, or had filed against it, a bankruptcy petition, or (iv) A receiver or trustee has taken possession or control of a substantial portion of Developer's assets or the assets of a general partner or affiliate of Developer. If Dayton's draws on the letter of credit, the proceeds shall be retained by Dayton's and used to fund the Capital Contribution. After Dayton's has obta=4 the final payment for the Capital Contribution, any portion of the proceeds then held by Dayton's shall be forthwith delivered to Developer, it being fully understood and agreed that no interest shall accrue to Developer on the funds held by Dayton's, and further that if the funds held by Dayton's are insufficient to cover the Capital Contribution, Developer shall immediately pay such deficiency. Capital Contribution, the fee 'on in the n, ' the form of a reduction Cap Dayton s agrees to pay, ur fo incurred by Developer in obtaining the Letter of Credit, not to exceed $81,600. 4. Remodel of DDC Buildinji. Provided that Developer completes in the manner required hereunder the Mall Renovation, Dayton's shall spend at least as much of the Capital _ Contribution as it actually receives from Developer to remodel the DDC Building according to plans and specifications to be developed by Dayton's in its sole discretion (the "DDC Building Renovation'. The Capital Contribution may be for all planning, design and .soft costs, including the cost of internal staff time, as well as the cost of construction material and labor ("Project Costs'). Dayton's shall exercise reasonable efforts to complete the DDC Building DHC: 29467 vS 4 r 01/1 F RI 16:4 FAX 305 6 - TALISMAN COMPANIES UC (1046 Renovation, subject to force m jeure, within 24 months of the date of this Agreement Prior to commencement of the DDC Building Renovation, Dayton's shall provide to ' Developer, as a courtesy copy only; a written description of the scope and design of the DDC Building -_ Renovation. To evidence completion of the DDC Building Renovation, Dayton's shall provide a written certification (the "Certificate") from an officer that the DDC Building Renovation is complete and that Dayton's has incurred Project Costs at least in the amount of the Capital Contribution actually received by Dayton's. Upon giving written notice to Dayton's within six months of the date of the Certificate, Developer shall have a one - time right to review Dayton's invoices and payments evidencing Project Costs. The review shall occur at Dayton's central property administration offices on a date and at 'a time reasonably acceptable to the parties. S. CAM Contribution. Effective as f January 1, 2000 and notwithstanding anything to the contrary in Articles , X, and XVM and'all other provisions of the Operating Agreement, Dayton's agrees to contribute $183,600 annually toward the cost and expense of operating and maintaining the Enclosed Mall and the Shopping Center, including both Exterior Common Area _ and Interior Common Area Maintenance and Expense, as 'well as all contributions to any meirchants' association, promotional fund or any other Enclosed Mall or Shopping Center fees or costs ("Mall Costs'). This amount shall be payable in annual installments in advance. Dayton's obligation to contribute to Mall Costs shall continue only for so long as both of the following occur. (a) a retail store on the DDC Site (i) is required to be operated pursuant to the Operating Agreement; or is being b and P� � g � u C) � g , P� (b) the Enclosed Mall (i) continues:to be open and operating in accordance with the terms of the Operating Agrcem4at and this Separate Agreement,'(ii) continues to abut and the retail store on the ADC Site is permitted to have an opening into the Enclosed Mall, and (iii) extends: at least 500 feet from the retail store on the DDC Site. DHC: 28467 v8 5 i 01/14 FRI 16:40 FAX 305 6628616 _ TALISMAN COMPANIES LLC 9 047 _ Should the Enclosed Mall be closed for any reason f®r more than thirty (30) consecutive days in any one year, Dayton's annual contribution stall lie prorated on the basis of 360 days, and payment shall be. made only for the- days it !is open. Dayton's annual contribution to the -_ operation and maintenance of the Mall shall bq increased every three (3) years by five percent (5 %) of the then amount of the annual contribution commencing oa January 1, 2002 and thereafter on the third (3rd) anniversary of each such adjustment date during the term of the Operating Agreement. f i I ' 6. Percentage Fee. 6.1. Imposition of Fee. E2ctive as of the completion of the DDC Building Renovation, as evidenced by the Certificate; Dayton's shall pay to Developer, in lieu of additional contributions for special assessments and Mall Costs beyond those provided for in this Separate Agreement, a percentage fee equal to 0) one percent (l %) of Dayton's annual Gross Sales, if any, (as defined below) exceeding Thirty -five Million Dollars ($35,000,000) and up to - Forty-five Million Dollars ($45,000,000); and one-half 'of one percent (1/2 %) for Dayton's annual Gross Sales in excess of Forty-five billion Dollars ($45,000,000). Such percentage payment shall be paid on an annual basis with 120 days after the end of each calendar year (the "Payment Ycm'j. } _ 62. Disclaimer. Notwit6ist #ading anything to the contrary contained herein, Dayton's shall have no obligation, express or implied, to pay any percentage fee if Dayton's annual Gross Sales for any Payment Year, are, for =any reason whatsoever, less than the breakpoints specified in this Agreement Daj►i�onIs makes no representation or warranty, express or implied, that any Gross Sales will be generated at the DDC Building. Except as to be provided in the Amendment as contemplated; by Section 14.2 of this Agreement, but otherwise notwithstanding anything to the contrary con ained. in this agreement, neither Dayton's nor any successor, assignee or tenant of Dayton's, s1A have any obligation, express or implied, to open any business at the DDC Site, to remain open for b i siness in the event a business is opened at the DDC Site, to reopen for business in the eve&:t a business is opened at the DDC Site and then closes, or otherwise to conduct any business a the DDG Site. DHQ 28467 v8 �, 01/14/00 FRI 16:41 FAX 305 6629616 TALISMAN COMPANIES LLC IM 048 i ' 4 6.3. Records. Dayton's shall and make available io Developer complete and accurate records of its Cross Sales, including all pertinent original sales records. Dayton's statements of Gross Sales and all information obLmed from examination of Dayton's books and records shall be deemed strictly confiil,entW'ao�' d shall not be disclosed to any third parties. 4 Within 120 days following the end of each Payment Year, Dayton's shall furnish to Developer a statement of Gross Sales made during such Payment Year. If the annual statement shows that a percentage payment is due, the annual statement shall be accompanied by payment of the amount due. Dayton's records relating to Gross Sales }a, on or for the DDC Building shall be open for inspection by Developer omits duly authorized *esentadves during regular business hours for a period of one year after each annual statement;of Gross Sales is submitted. At any time within such period, Developer may audit Dayton's records of Gross Sales for the preceding Payment s Year. If any such audit discloses an inaccuracy# in Dayton's statement of Gross Sales, Dayton's WWI make prompt payment of any deficiency. peveloper shall pay the cost of such audit unless such audit discloses that Dayton's under repoit Gross Sales by more than 3 %, in which event Dayton's shall pay the reasonable cost of such audit. 6.4. Definition of Gross Sap:: s. For pwposes of this Agreement, the term "Gross Sales" means the entire amount of the: sales price of all merchandise sold in the ordinary course of business to retail customer`s! ax the DDG Building by Dayton's, or any tenant : of Dayton's, All of the following shall be exdu led from "Gross Sales ": e (a) Any sums collected and paid out four; sales or excise taxes based on the sale of merchandise and req by law whether now or hereafter in force, to be paid by Dayton's or .ts tenant or collected from its customers, to the extent that such taxes ha$e been included in the gross sales price. (b) The exchange or traasfe�r of merchandise between the stores of Dayton's or its tenant, provid;d:luch exchanges or transfers of merchandise are made solely for the eonvienient operation of the business of Dayton's or its tenant and not for the purpose of ebnsummating a sale made at, in, from, or upon the DDC Buid'ug. N• DDC: 28167 A I 1 7 �! 01/14/00 FRI 16:41 FAX 305 6629616 _ TALISMAN COMPANIES LLC Z 049 a '1 (c) The amount of returns to' shippers or manufacturers. :I (d) The amount of any pmm4t tional allowances. (e) The amount of any cashi or credit refund made upon any sale where the merchandise sold, or toM> part thereof, is returned by the purchaser. (fl Sales of fixtures. •'I (g) Sales from vending mac}alines. (h) Sales of postage stamps I (i) Rental fees or sales of Jm (j) Sales of tickets (including airline, lottery tickets and all ticket master sales). (k) Sales of money orders. ees of Day or its tenant whether in (1) 'Tips and gratuities paid �o employ y� ( cash, by credit card or charge account). (m) Bad checks and uncoilee i ed credit and charge accounts. (n) Any sums and credits em"'ved in settlement of claims for loss or damage to merchandise in stock�rmransit to Dayton's or its tenant. (o) Any sale in bulk of s .or subst$ntially all of Dayton's or its tenant's inventory in connectionji ;th the sale or transfer of Dayton's or its tenant's business or the cessa#ioKof sum► business. (p) Any rent and other !�y charge paid by any tenant, concessionaire, licensee, Or other tb�iird, provided the gross sales of any such party have been included'. ` xross Sales % (q) Any depoaits, receipu i fees and other amounts relating to any banking facility or,business, t' e'rdless of whether said banking facility or business 4 1 is operated by Daytob'� or by any tenant, concessionaire, licensee or other third. party. ! I' (r) Gift certificates. (s) Sales of materials for: ;cling. (t) Sales to employees' o :qualified annuitants of Dayton's, its affiliates or subsidiaries. ' iii' ORC: 28467 v8 +i 01/14/00 FRI 16:41 PAIL 305 6629616 TA.:ISMAN COMPANIES LLC 9050 (u) Sales transacted through, hornet, e-mail or electronic means which are fulfilled from stock tom at the DDC Building. (v) Any reimbursement for and/or handling fee paid in connection with, coupons (whether coupons or store coupons). 7. Real Estate Taxes and finrx W l.Assessments. Notwithstanding anything to the l contrary in Article XII or any other prov si of the Operating Agreement, Dayton's shall, effective as of July 1, 1999, be obligated pay only those real estate taxes and special assessments assessed against the DDC Site, D Building and the ADC Parking Area; provided that in no event shall the DDC Parking Area, ' 5eetl 390,000 square feet. Dayton's shall have no obligation to contribute to the real estate 6s I :s and special assessments assessed against the Equitable Site or any other portion of the S piling Center. Developer shall cooperate with Da on s in reconfiguring : P to constitute a separate tax parcel. if an yt goring the' DDC Parking „ • Sep p Y special assessments or other similar charges ' assessed against the DDC Site, Building or Parking Area as a result of the Mall Reno p. Peveloper shall promptly reimburse Dayton's _ for such assessments or charges. The land co . ! 'tirting the DDC Site and the DDC Parking Area shall not become subject to a minimum assm ent for red estate tax purposes as a result of any public 5nan6ing which supports either d'uecp' ridirecily the Mall Renovation. Dayton's shall have the exclusive right to protest real estaft; es and speecial assessments assessed to the DDC Parking Area. 8. Utilities. Notwithstanding dl , XL of the Operating Agreement, Dayton's obligations under that Article shall not in any ,;ne calendar year exceed one hundred five percent (105 %) of the amount paid under that Artklo in`the preceding year. At no time shall Dayton's be liable under the Operating Agreementfpr +:ny; costs of replacing or maintaining the heating, air conditioning and ventilating system that WW be categorized as capital costs under generally - accepted accounting principles. i X1 4 i DHC: 28467 v8 01/14/00 FRI 16:42 FAX 30'5 6628616 "ALISMAN COMPANIES LLC �j051 t 9. Repurchase Right. , 9.1 Grant of Option. Doper irrevocably agrees to waive the right to _ repurchase under Section XLII(E) of the O rani 9 Agree�iment in consideration of the right to : repurchase provided in this Section. Acoy, nonvithstanding Article XLH(E) of the Operating : a "of this Agreement, if (a) Dayton's discontinues Agreement, but subject to Sectio operation of the DDC Building for a single �'etail p se for a period of one hundred eighty (ISO) consecutive days; (b) Dayton's transf its ownership and operation of the DDC Building except to an affiliated or related entity or iti �iinection with a financing or sale/leaseback type transaction; or (c) Dayton's otherwise des' `: irAplemen: the procedures of this Section 9 after . i t t the period of Dayton's operating covenant cxii ' plated b- ► Section 15.2, Dayton's shall provide Developer with prior written notice thereof; r a ninety (90) day period after the date of the written notice or action (the "Option Period'lj eveloper shall have the option (the "Option') to require Dayton's to convey to Developer tl; I DC Site and the improvements located thereon (exclusive of trade fixtures and merchandise `�Y?aytonis F roperty") for a purchase price equal to the Fair Market Value as defined in Secti 912. D.. eloper may exercise the Option by providing written notice to Dayton's of its 1 top together with an earnest money T It ; deposit of $1,500,000 by wire or certified;oh� J,made payable to Dayton's during the Option Period, time being of the essence. The a money deposit shall be non - refundable, but shall be applied to the purchase price. If Develo'� does not p lovide written notice within the Option t• Period, then Developer shall have no right E this Agreement to purchase Dayton's Property on that or any other occasion and all of Dev t pier ;s rights under this Section shall terminate. • tf iK 9.2 Determination of Fait*iet Value. "Fair Market Value" shall mean the ► .w, fair market value of the Dayton's Propeityl 0t fhe ti of the execution of this Agreement excluding any contribution to that value of tG ' r' model f the DDC Building contemplated by this meat multiplied Living Index ash a Agree p ed by any increase the Cost of L g hereafter defined between the date of this Agreement and ate of receipt of notice commencing the Option Period. Developer and Dayton's shall a irto mutuall y agree upon the Fair Market Value of the Dayton! Pro ; this,, ` { t yto Property at the time of the ex'e.�>L of greement. If Developer and Dayton's t . cannot mutually agree upon that Fair Marklealue within sixty (60) days after the date of this Rio! ° DHC: 28467 v8 r 01/14/00 FRI 16:42 FAX 305 6629616 TALISMAN COMPANIES LLC 052 Agreement, Developer and Dayton's shall,''' � ' bin fifte� (15) days after the sixty (60) day period, each select a person to act as an riser and the two (2) selected appraisers shall promptly mutually select a third appraiser. fe initial two (2) appraisers cannot agree up a third appraiser, the third appraiser shall s eeted by the then President of the American Institute of Real Estate Appraisers or a su r organizhxon exercising similar functions. Any J . ;l : : � person designated as an appraiser shall be �ticivledgeall� and experienced in the appraisal of N .!I regional shopping centers and be members 6k Amencan Institute of Real Estate Appraisers. No appraiser shall be in the employment of �e; el'oper o� Dayton's, directly, indirectly, or as an V ; , , agent, except in connection with the aP ilin . The appraisers shall meet or .. � Pr ooe g otherwise confer as deemed necessary o d 'ne the Fair Market Value. If the determination nation of value of any two or all of the appraisers, amount ` ` be identical in amount that t shall be deemed to be the Fair Market Value. If the,4 ����tt rminatio of all appraisers shall be different in amount, the two closest in appraised value s�ali avera and the rennaining appraisal shall be disregarded and the result of such averaging ' ? be ed to be the Fair Market Value The decision of the appraisers shall be in writing thall ba 6ade as promptly as possible after the designation of the last additional appraiser, lti in no - event later than thirty (3 0) days from the date of the designation of the last addition4' raiser. Tlie costs and expenses of the appraisers shall be borne equally by Developer and �i 's; hov,rver, no party shall be responsible for any part of the other's attorneys' fees or i rotes$ costs with t to the proceeding. Y p respect pr eduig . I The Fair Market Value at the�� s1 bf the ekercise of the Option shall be calculated I �'- by multiplying the initial Fair Market Value ermined tinder this Agreement by a fraction, the numerator of which is the Current Index N ! }} q r and the. denominator of which is the Base Index 1 , 1 t, Number. The "Base Index Number" shall . e ` level o the Index for the month during which this .Agreement is dated; the "Current Index 1 be the level of the Index for the month _ in which the Option is exercised; the "Iirde$"� : be thb Consumer Price Index for All Urban Consumers, U.S. City Average, An items � by the Bureau of Labor Statistics of United States Department of Labor i i eP (base year 3�6, - 84 =10�;, or any successor index thereto as hereinafter provided. If publication of the ' � disco or if the basis of calculating the Index is materially changed, then the partied lsubs ti for the Index comparable statistics as computed by an agency of the United Staffs Government or, if none, by a substantial and DHC: 28467 v8 01/14/00 FRI 16:43 FAX 305 6629616 TALISMAN COMPANIES LLC 11 053 responsible periodical.or publication of recogdazed authori.y most closely approximating the result , y which would have been achieved by the Index. 9.3 Terms of Purchase. h the =erned on of the Fair Market 'Value of the Dayton's Y� s p ro perly, the provisions of this � tion to be a purchase and sale agreement (the "Purchase Agreement') baSeA I on the fo. lowing terms and conditions: r�, (a) Purchase Price. The purc price shal , be the greater of Ci) Dayton's Book Value of the Da yton's Prop I4; or (u) Fair Market Value of the Dayton's Property as determined under Spoon 9.2. ,� (b) Manner of Payment. The pur; 'Le price si -all be paid by wire transfer. (c) As Is Condition. The Dayton'? Oroperty will be sold in an "as is" condition as of the closing date without any. ' taticin or warranty, express or implied, by Dayton's. - "i (d) Title Upon close of escrows,' Dayton's shall convey the Dayton's Property to Developer or Developer's nouu' ee by sp ial warranty deed warranting against I� Dayton's acts only, subject to (i) J ovenants, - conditions, restrictions, and, easements of record, (ii) no�- Selinquent real property taxes and assessments prorated to the date of close crow, an i (iii) matters disclosed by Dayton's to Developer in writing within (30) days after Developer's right to exercise the option to purchase arises, `' ier than wens and security interests (such as mortgages, deeds of trusts ate` he like) voluntarily placed against the Dayton's °` . Properly by Dayton's, for Dayton' . shall obtain a recordable satisfaction. As to items (i) and ('iii), I' ( don's shat: also remove from title to Dayton's Property any use restrictio ;aced agai: ust the Property by Dayton's after the date hereof that restrict the .: ' � =ds of- retail use that can be made of Dayton's Property. Developer may, at.' �� expense, obtain upon close of escrow an ALTA policy of title insurance with:e. tended ccverage issued by a title, com an with company DHQ 28467 v8 `I 12 01/14/00 FRI 16:43 FAX 305 6628616 TlLISMAN COMPANIES LLC t 1a054 b i � I . I liability equal to the full p =' - e price of the Dayton's Property and insuring fee simple title vested in DeveI4 r or Developer's nominee, subject only to the matters I I specified is (i), (ii an�l p ii) above. (e) Deed Upon opening of esc " f Dayton's shall deposit with Escrow Holder (as ` Z hereinafter defined) a deed a form specified in (d) above to convey to the Developer Dayton's Property bill of sale and 'other documents reasonably necessary, duly executed and i1J, nowledged. L (fl Assumption. Upon opening escrow, Developer shall p deposit with Escrow Holder all instruments, and ;k dence of completion of all acts, necessary to release Dayton's as of the clos6 �f escrow to the fullest extent from its obligations under the O r Aerating AgreenaeJ� and.containing an assumption by Developer of all duties, obligations and coV is imposed upon Dayton's pursuant to the Operating Agreement, togeth� - 'th Developer's covenant to indemnify, protect, defend and hold Dayton's ha'ess from and against any claim, loss or damage occurring after the sale of the n's Property to Developer. l y I (g) Closing Costs Developer anal Dayton's shall each pay one -half (1/2) of any escrow fee for the sale and p "use of the Dayton s Pro . petty. All other costs and closin eveloper. q ' g expenses shall be pal Developer. D (h) Taxes. Developer and Dayton Lipmrate the real estate taxes and installments ' of special assessments due ana payable in the year of closing and Developer shall assume payment of any ' eats of special assessments due and payable thereafter. i:. Within. thirty (30) days after the exercise or option, Developer and Dayton's shall open an escrow the "Escrow I, j ( w'� with an escrow comp�n ( "Escrow Holden ") mutually acceptable to them and deposit a signed copy of this Agreengt� t with Escrow Holder. The Escrow shall be scheduled to close no later than thirty (30� 1 !ays after the opening thereof. Developer and �I 1 DHC: 28467 v8 ! a" 13 1 01/14/00 FRI 16:43 FAX 305 6629616 _ TA:.ISMAN COMPANIES LLC IM 055 Dayton's shall promptly sign standard form of escrow instructions supplied by Escrow Holder; Provided, however, in the event of a convict in the escrow instructions and the Purchase Agreement, the terms of the Purchase Agreez exit shall control. 9.4 Develooees Rights Pidina Exercise. No rights granted to Developer pursuant to this Section 9 shall create any 1its in Developer to participate in any award or proceedings of any taking by eminent domain or deed in lieu thereof or to participate in any insurance claim, or to otherwise make any claim of right or ownership of the Dayton's Property, and this option shall automatically terminate IS to any portions of the Dayton's Property so taken or conveyed. 10. Extended Dark Period. No��' P tbstanding the provisions of Section 9, no repurchase right will be created if Dayton's discontinues op o£ the DDC Building for a �I period of up to eighteen (18) months as a resu 1t of a conversion of the DDC Building to another retail format and attendant remodel or recoiis=ction of the DDC Building (the "Conversion _ Remodel'). In order to exercise this right, Dayton's shall pr�vide Developer written notice at least thirty (30) days prior to the cessation of b erations and Dayton's shall have commenced the Conversion Remodel within nixie (9) months o the cessation of operations. In connection with any Conversion Remodel, Developer shall, n written request from Dayton's, convey to Dayton's such additional land as is necessary ' order to expand the DDC Site to include all of the Permissiblc Building Area shown on the Sete Plan at a purchase price of Ten Dollars ($10.00) and otherwise on the applicable terms of S I �'on 9.3. In connection with such conveyance, Developer shall cooperate with Dayton's to air end the Operating Agreement to define the DDC Parldng Area to include only so much of �.'ber existing DDC Parking Area as is required to maintain the required parldug ratio for the 1 of square feet within the remodeled or reconstructed DDC Building. Developer shall also cooperate with Dayton's in reconfiguring as a I separate tax parcel, the DDC Site, Building en►i newly reconfigured DDC Parking Area From the date of the conveyance of the addition l_ land, Dayton's shall only be responsible for real estate taxes and special assessments, to extent_ required under Section 7, on this newly reconfigured tax arcel. P. I i, I DHC: 28467 A i 1 �4 r e t 01/14/00 FRI 16:44 FAX 305 6628616 TALISMAN COMPANIES LLC X056 11. Kiosks No kiosks, retail m ercbmdising units or push carts (collectively "Kiosks') shall be placed within one hundred (100) feet of the Dayton's entrance onto the Enclosed Mall, except for the existing Kiosks 1hown on the Site Plan, without Dayton's consent, _ such consent to be granted or withheld in Dayton's sole discretion. 12. Dayton's Court Dayton's shat have the right to review and approve the design of the area within the Enclosed Mall within t iree hundred (300) feet any opening to the DDC Building (the "Dayton's *Court') at all time during the term of the Operating Agreement, including the decor, the amenities, the layou the color, the materials, the decorative elements and the furnishings as they are changed from time to time, excluding tenant entrances, facades or interiors. Dayton's shall also have the right to approve any restaurant within the area designated on the Site Plan as the Dayton's Restaurant Area, including the format of the restaurant, the operator of the restaurant, the design and layout of tbe restaurant and the operating procedures of the - restaurant with respect to deliveries, trash removal and other procedures that wi11 impact Dayton's. 13. Take Over Right. Dayton's shawl have the right at any time and from time to time, to takeover from Developer and assume the obligation to maintain the Common Area (excluding . the common utility facilities) on the DDC Pail if Developer's conduct of the maintenance, in Dayton's sole discretion, materially impaus tL conduct of Dayton's business. Dayton's may exercise this right by written notice to DeveLper designating a date (which date shall be no fewer than thirty (30) days thereafter), as o.'' which it shall perform, for the portion of the Common Area located on the DDC Site, the obligations assumed by Developer with respect thereto under Article IX of the Operating Ag�eement. Upon the effective date provided in the notice, Dayton's shall `(a) be deemed to have assumed (and accordingly, Developer to have been relieved of) such obligations and any other obligations of Developer under this Agreement for the maintenance and operation on that portioi i of Common Area on the DDC Site and (b) be relieved of all liability to pay ninety. percent (90 0 %) of its payment required under Section 5 of this Separate Agreement for any period of }Lime thereafter while such take -over continues. ONC: 23467 v8 f5 01/14/00 FRI 16:44 FAX 305 6629616 TALISMAN COMPANIES LLC IM057 Dayton's may at any time thereafter, at its o tion, rescind its take -over, by at least thirty (30) days written notice to Developer, provided, kther, that Dayton's may again serve a notice of take -over as specified above. No canoellatiol, of take -over shall be effective unless the Common _ Area on the DDC Site shall, at such time a! the cancellation s inte a in nded to be effective, be in approximately as good a condition as when Lt maintained by Developer, reasonable wear and tom' excepted. During such period of time w Dayton's may have taken over and be performing the Common Area maintenance obligations c a the DDC Site pursuant to this Section, Dayton's at its own cost and expense, shall provide the iCommon Area liability insurance on the DDC Site, conforming to the requirements of the 01 erating Agreement, naming all other parties as "additional insureds", which insurance o ligation may be satisfied by its prograixi of self - insurance; and Developer hall be relievJd of the obligation to Provide P� g p vx a such Common Area liability insurance for the DDC Site during sl period of time. 14. Remodel ftace. Developer sliall provide to Dayton's during the period of time that Dayton's is conducting its remodel of the DC Building, as contemplated under Section 4 of - this Separate Agreement, one mall shop spat , fully served .bx. utilities, of approximately 2,000 to 5,000 useable square feet to be used by Da*n's to machandise'and sell clearance inventory and inventory displaced by the remodel. Day on's shall finish the space to its own specifications and shall operate the space during the mall's acing hours. Developer may relocate the space, 'at its expense, up to two times during the period of Dayton's use. Dayton's use of the space shall not be subject to any rent, tax, common area, u 4 tility or other occupancy expense of any kind. y 15. Amendment of Op A eement. e Operating �r Th p g Agreement shall be considered amended as follows and Dayton's and Developer agree to execute deliver and Developer agrees to exercise its best effort to obtain execution and delivery from all other required parties of an amendment (the "Amendment") to the Operating Agreement that will Provide for the following items: 15.1. Site Plan. The Site Plat attached as Exhibit X to this Separate Agreement shall be substituted for the Site Plan attached. the Operating Agreement. DHC: 28467 v8 16 � r , 01/14/00 FRI 16:44 FAR 305 6629616 _ ^ALISMAN COMPANIES LLC 058 15.2. Dayton's Operating CWenant. - Provided that Sears and J.C. Penny have given similar operating covenants, Articles (B) and XLI of the Operating Agreement will be amended so that Dayton's will provide a year operating covenant under the following _ language: Dayton's covenants and agrees with and for the benefit of [Developer] and its successors and assigns, which covenants and agreements are expressly conditioned upon the performance by [Developer], its successors and assigns of its obligations under Article [reference to Amendment provisions contemplated by Section 15.3]. (A) that for a perio,I commencing on the date of completion of th [DDC Building Remodel, as estab ' ed under the Certificate] and terminating on the earlier to occur of (i) - January 31, 3; or (ii) three years thereafter (the "Operating Period', Dayton's shall continuously perate on the DDC Site a retail department store (the "Dayton Department Store'), .ect only to interruptions by reason of (a) force majeure; (b) damage by fire or other : ty (c) condemnation; and (d) the remodel of the DDC Building, each of which periods of interruption shall be minimized to the extent reasonably possible in accordance wit the terms of this agreement; (B) that the Daytom Department Store shall at all times during the - Operating Period be a retail departmen store as operatea.by Dayton's on the DDC Site at the date of this agrccmcnt, as such tion may be modified from time to time by Dayton's, in its sole discretion, o k such retail de partment st ore n, p re competitive with other department stores of similar type character and nature; (C) that at all es during the Operating • Period the Dayton Department Store shall be operated under the name "Dayton's ", "Dayton" or under such other name or names as Dayton's may from time to time use for a majority of its'similar retail department stores in the State of I dinnesota; (D) that the Daytoj3 Department Store shall at all times during the Operating Period and thereafter f S6 long as Dayton's or its successor(s) operates a retail store on the DDC Site have a Aross Floor Area of at least 200,992 square feet, subject to the effects of any taking in.. Condemnation and shall have at least two levels at and above ground level; (E) that the Dayto Department Store shall at all times during the Operating Period have at least one (1) entrance onto the Enclosed Mall open during the business hours.of Dayton's and the (F) _ that during the � Operating Period Dayton's shall operate one hundred percent (100 %) of the Daytor Department Store as a retail department store of the type, character and nature provided for in this Article, in a high class and reputable manner and in accordance with the pi ©visions of this Article, which store shall be open DHC: 28467 v8 7 01/14/00 FRI 16:45 FAX 305 6629616 - TALISMAN COMPANIES LLC 11059 for business during the regular and customary hours on all business days observed by at least one other Dayton's Store operating in the Minneapolis/St. Paul, Minnesota metropolitan area, subject to interruption of the nature described in paragraph (A) above, . and in connection with such operation Dayton's shall not violate any of the other Provisions of the Operating Agreement which are applicable to the operation of the DDC Site. It is understood that at the date of this agreement Dayton's operates two basic types Of department stores, "Dayton's", "Hudson's" and "Marshall Field's" department stores, which are its higher quality retail operations, and "Target" department stores, which are its discount operation. It is agreed that the Dayton Department Store is now and will continue during the Operating Period to be operated as one of Dayton's higher quality retail operations, and not as one of its discount operations. The provisions of this Article XLI shall be binding upon Dayton's and its successors and assigns, and shall inure to the benefit of [Developer] and its successors and assigns. 15.3. Developer's Operating Covenant. Article VI(B) of the Operating Agreement shall be amended so that Developer shall provide an operating covenant under the following language: - So long as DDC and Dayton's perform their respective obligations under Article "VI(B) and Article XLI hereof (as amended), (Developer] shall, for a period commencing on the Effective Date and ending on the date Dayton's no longer operates a department store as described in Section XLI (as amended) (1) continuously operate or cause to be operated the Enclosed Mall pursuant to the terms Of this agreement under the name "Brookdale Center"; (i) keep. seventy -five percent (75 %) of all Gross Floor Area in the Enclosed Mall exclusive of the department store and theatre or cinema space leased to tenants comparable in quality to those occupying space in major regional shopping centers of similar size in the Mumeapolis -St. Paul metropolitan area in which a Dayton's store is located so as to provide a wide range of retail and related consumer services except during the Mall Renovation; and (iii) furnish or cause to be fiunished to the DDC Facilities adequate steam, chilled water, domestic water, water for fife protection and electricity, in accordance with and subject to the terms and conditions of Article 3M hereof- In the event of condemnation and/or damage or destruction from fire or any casualty as provided in Articles XVI and XV1I of this agreement, wherein restoration is required, (Developer] agrees that such restoration shall be done in a manner (in the event of condemnatioq, to the extent reasonably feasible) to provide tenant spaces equally distributed throughout the restored Shopping. Center so as to avoid "clustering" of rentable Gross Floor Area in a single section of the restored Shopping Center. DHC: 29467 va 18 01/14/00 FRI 16:45 FAX 505 6629616 - TALISMAN COMPANIES LLC [1060 15.4. Par ' g Ratio Section VII (C) of Operating Agreement shall provide for parldng ratio of 4.5 throughout the Entire Premises (including all outparcels). 15.5. alight to Take Over. Dayton's and the operator of the parcel of land _ currently occupied by Mervyn's shall be granted a right of take -over as is provided for in Section 12 of this Separate Agreement. 15.6 Conversion Ri„ &W. Dayton's shall be afforded the right to convert its retail format after the Operating Period, expand the DDC building to the Permissible Building Area shown on the Site Plan and remodel or reconstruct the DDC Building to accommodate such conversion and to reconfigure the DDC Parking Area as contemplated by Section 10. 16. Affirmation of Onamfmg,Agmm= md Supmlemental Except as provided herein, the terms and provisions of the Operating Agreement and the Supplemental shall remain in full force and effect. 17. hlcWce . Any notice required or permitted to be given with respect to this - Agreement shall be given in the manner provided in the Operating Agreement and sent to the addresses of Developer and Dayton's as set forth therein or-as provided by written notice sent by the parties. 18. AssienM This Agreement is not assignable by either party other than incident to an assignment of either parry's interests under the Operating Agreement. This Agreement inures to the benefit of Developer and Dayton's acid their respective successors as the owners of the Developer parcel and the DDC Site, respectively. 19. Governim Yaw This Agreement shall be governed by and construed in accordance with the laws of; or applicable to, the State of Minnesota. 19.1: Lender EloWilation If Developer's first mortgage lender succeeds to Developer's interest in the Shopping Center, Dayton's agrees to look solely to the interest in the Shopping Center of such lender for recovery of damages for the breach of Developer's obligations under Section 2 to spend $55,004,000 as Mall Renovation. DHC: 23467 v9 19 1 01/14/00 FRI 16:45 FAX 305 6629616 - TALISMAN COMPANIES LLC Q061 20. Cross - Default an Contemporaneous Si gnatures. Dayton's shall not execute and deliver this Agreement unless Developer executes and delivers to Dayton's a Separate Agreement relating to the Mervyn's store and land located within the Shopping Center. So long -_ as Mervyn's and the DDC Site are owned by, related or the same entities, any default by Developer under the Mervyn's Separate Agreement to Operating Agreement dated on the date hereof between the parties hereto shall be a default of Developer under this Agreement p gre went, IN WITNESS WHEREOF, the parties have executed this Separate Agreement to be effective as of the day and year first above written. TALISMAN BROOKDALE, LLC, a Delaware limited liability company By: DAYTON HUDSON CORPORATION, d/b/a Dayton's By: Ell J. B len»S» Au 0*9d Signatory AHC: 28467 r8 �� 01/14/00 FRI 16:46 FAX 305 6629616 - TALISMAN COMPANIES LLC Q062 Emkdak 01/1212000 FIRST AMENDMENT TO - DAYTON'S SECOND SEPARATE AGREEMENT TO OPERATING AGREEMENT ` BROOKDALI" CENTER THIS FIRST AMENDMENT is made as )f January , 2000 between TALISMAN BROO,KDALE, LLC, a Delaware limited liability company ("Developer"), and DAYTON HUDSON CORPORATION, d/b/a Dayton's, a M nnesota corporation ( "Dayton's"). RECITALS: A. Developer and Dayton's entered into Dayton's Second Separate Agreement to Operating Agreement dated 31, 1= `Agreement'). B. Under the terms of the Developer was to have provided design development drawings and plans for the Mall Rmo'vation by November 29, 1999; the parties were to have reached mutual agreement on the Fair Market Value of the DDC Building by October 30, 1999; and Developer was to have submitted a letter of credit or cash for the balance of the Contribution by December 1, 1999. C. None of these events have taken place and the_ parties have agreed to certain extensions as provided herein. NOW, THEREFORE, in consideration o' the mutual covenants, terms and conditions contained herein and for other good and valuabL consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereb, agree as follows: 1. Capitalized Terms,. Capitalized tams used but not defined herein shall have the meanings set forth in the Agreement. 2. Extension, f9C S) h mission of M411 Renovation Plans and Mall Renovation. Notwithstanding Section 2 of the Agreement, (ii Developer shall have until May 1, 2000, to submit to Dayton's the proposed design dev :lopment drawings and plans for the Mall Renovation; and (ii) Developer shall have un ,il November 1, 2001 to complete the Mall Renovation within the Dayton's wing and the center court of the Enclosed Mall, subject to force majeure. In confirmation of the Agreement, if Developer fails to timely complete the Mall Renovation by this required date, Dayton's shall nave no further obligations under Section 15.2 of this Agreement. 3. Extension for Pa of Contri )ution. Notwithstanding Section 3(B) of the Agreement, Developer shall have until March 1, 2000, to comply with its obligations under Section 3(B) of the Agreement. In eonfuination of the Agreement, the parties acknowledge that if Developer fails to comply with its obligations + or before March 1, 2000, Dayton's may, at its option, terminate the Agreement and thereafter n =ether party shall have any liability to the other DHC. 36313 { 01/14/00. FRI 16:46 FAX 305 6629616 - TALISMAN COMPANIES LLC 0 063 I under the terms of the Agreement. Notwithstanding such termination, all of the payments made and concessions accrued as of the date of termination shall not be refundable. _ 4. Extension for Remodel. Notwithstanding Section 4 of the Agreement, shall exercise reasonable efforts to Complete the DDC Building Renovation subject to force maj eure, on or before June 1, 2002. 5. Definition of FMV. For purposes of Section 9, the parties agree that the "Fair Market Value" of the Dayton's Property at thelime of execution of the Agreement excluding any contribution by the remodel of the DDC Building is Dollars 6. Confidentiality. The parties agree not to disclose the financial terms of this Agreement except as agreed to by the parties or when required_ by any law or any governmental regulation or order. 7. Affirrnati Agreement Except as modified herein, the terms and conditions of the Agreement shall remain in full force and effect. Dated the day and year first stated above. TALISMAN BROOKDALE, LLC, abelaware limited liability company AT Its: DAYTON HUDSON CORPORATION, d/b/a Dayton's By: Its: i DHC: 36313 v2 2 01/14/00 FRI 16:46 FAX 305 6629616 , TALISMAN COMPANIES LLC [M 064 replace structurally substand�r bui� ings. The Developer agrees that it will meet the followi c goal' (the "Goals "): It will create at least full time' p i' connection with the development of the Developmeht =Prope y at an hourly wage of at least $ - 7 , 00 per hour within t' years from the "Benefit Date", which is'the earlier of-�(a) the date on which the Eligible Improvements are completed, oil(b) thns date on which a business occupies the Development Property, ak; improved by the Minimum 'Improvements; (2) If.the Goals are not jmet, the Developer agrees to repay all or a part of the BusinessSubsid�'to the Authority,-plus interest ( "Interest ") set at the implicit price deflator defined in Minnesota Statutes, Section;275.7t, Subdivision 2k accruing from and after the Benefit Date, compounded semiannually. If the Goals are met in art the Develo er will repay a portion of the P P P Y P Business Subsidy t rmined b multiplying ( lus.Interesb d the Business Subsidy by a fraction, ) the %umerator of which number of jobs -in the Goals which we not created at the wage level forth above and the; denomi for of which is (i.e. number of jobs set forthlin th Goals). The Developer agrees to continue its operations onithe Development Property for at least five years after. the; genef it' Date. (3) The Developer - agreesjto (i) report its progress on achieving the Goals to the AutHority'until the Goals are met, or the Business Subsidy is repaid whichever occurs earlier, (ii) include in the report the informatiot- required in Subdivision 7 of the Business Subsidy Act'oniforms; developed by the Minnesota Department of Trade and EconoM c Dev lopment, and (iii) send completed reports to the Commi4sion f the Department of Trade and Economic Development and to the uthority. The Developer agrees to file these reports ina late l,. than March 1 of each year commencing March 1, 2000, and within; y 30 days after the deadline for meeting the Goals. The Au &horit:' agrees that if it does not receive the reports, it will mail t Developer a warning within one week of the required filing date;. If within 1'4 days of the post marked date of the warning the :eporta are not made, the Developer agrees to pay to theAuth ' ity a penalty of $100 for each subsequent day until the *eport� :is filed up to a maximum of $ 1,000. Section 6.5. Payments t'.� I Autha�i y . In consideration of the assistance given to the Deye].ope pursuant to this Agreement, the Developer agrees to pay the Autliirity within 10 days of receipt, the first $50,000 plu§ one; alf of any amount over $50,000 of any percentage rents rece ved by the Developer or any of its affiliates in each Bale #dar y, ar pursuant to Section of the_agreement attached hereto as, ibit K (the " Daytons Agreement ") . The Developer tither agrees that, without the . prior written consent of theIkuthorl':y, it will not amend the Daytons Agreement or take any„ gther.Lction which would reduce the amount of the percentage rent set fd.,th in the Daytons Agreement 9easae.s i' 17 i. AMENDED EXHIBIT F EXHIBIT F LIST OF ELIGIBLE TENANTS The listing of eligible tenants set forth in this exhibit are only those listed stores specifically set forth. Where a parent corporation is listed with a sub - listing of store names, only the stores specifically named in the sub - listing will be deemed eligible tenants. Those tenants identified as (pad site only) are eligible tenants on the pad sites, but are not eligible tenants within the mall itself. Redeveloper will be allowed up to 10,000 square feet of fast food actual tenant space to be located in the food court area without being counted for purposes of the limit on the percentage of space occupied by eligible tenants. (The following will be added to the list of eligible tenants as pad sites (not eligible within the mall itself: Marmaxx - TJ Max - Marshall's Designer Shoe Warehouse). Eligible tenants, including those on the list as eligible, for the 2 spaces of approximately 24,750 and 25,430 currently planned for Old Navy and Barnes & Nobles will include, for those spaces only, Borders, Walden Books, Bretano, Galyan's, Dick's, ProBass, Best Buy, Circuit City, JoAnn Fabrics, Bed Bath & Beyond. For that specialty category space, the City will not unreasonably withhold consent for a specialty retailer /category dominant store of a quality equal to or better than those listed in this paragraph as eligible tenants for those 2 spaces. The Redevelopment Agreement would be changed on page 22, Section 8.1(j) from 85 to 80% as the requirement for occupancy by eligible tenants. NOTICE OF PUBLIC HEARINGS • ON A POLICY AND CRITERIA FOR GRANTING BUSINESS SUBSIDIES AND ON THE GRANT OF A BUSINESS SUBSIDY FOR THE BROOKDALE MALL PROJECT NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center, Minnesota, will hold public hearing on Monday, January 24, 2000, at a meeting of the City Council beginning at 7 p.m., Central Time, or as soon thereafter as the matter may be heard, in the City Council Chambers, on the proposed adoption of the City's Business Subsidy Policy under Minnesota Statutes, Sections 116J -993 through 116J.995 (the "Business Subsidy Policy "). [Following the public hearing on the Business Subsidy Policy, the City will hold a public hearing on a business subsidy to be granted pursuant to a Development Agreement with Talisman Brookdale, LLC, (the " Brookdale Business Subsidy Agreement ") in connection with the renovation of the Brookdale Mall.] All persons may appear at the public hearing and present their views orally or in writing. A copy of the proposed Business Subsidy Policy and the Brookdale Business Subsidy Agreement are on file and may be obtained at the office of the City Clerk. • Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION ADOPTING BUSINESS SUBSIDY POLICY WHEREAS, the City of Brooklyn Center is required by Minnesota Statutes, Sections 116J -993 through 116J.995, to adopt a business subsidy policy; and WHEREAS, attached hereto and incorporated herein by reference is Exhibit A is a proposed Business Subsidy Policy with criteria; and WHEREAS, the City Council conducted a public hearing on January 24, 2000, regarding the proposed Business Subsidy Policy and criteria; and WHEREAS, it has been found and determined by the City Council of the City of Brooklyn Center that the proposed Business Subsidy Policy and criteria as set forth in Exhibit A are reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Business Subsidy Policy and criteria as set forth in Exhibit A be and • hereby are adopted by the City Council. 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. Exhibit A CITY OF BROOKLYN CENTER i BUSINESS SUBSIDY POLICY The following business subsidy policy is intended to satisfy the requirements of Minnesota Statutes, Sections 1161993 and 1161994 (the "Act "), in particular, Section 1 161994, subdivision 2, thereof. Terms used but not defined herein have the meaning given them in the Act. The term "City" shall mean the City of Brooklyn Center. The term "Project" means the property with respect to which the Business Subsidy is provided. A. MANDATORY CRITERIA All Projects must comply with the following criteria: 1. But For Test. There is a substantial likelihood that the Project would not go forward without the Business Subsidy. This criterion may be met based solely on representations of the recipient of the Business Subsidy. 2. Waize Policy. If the Project results in an obligation to create new jobs pursuant to a subsidy agreement, the wage for each part-time and full -time job required to be created pursuant to the subsidy agreement shall, within two years of the benefit date, pay at least $7.00 per hour. 3. Feasibility. The recipient must demonstrate to the satisfaction of the City that the Project has been adequately financed and either has been or will be completed in a timely fashion. 4. Compliance with Act. The Business Subsidy must satisfy all requirements of the Act. B. EVALUATIVE CRITERIA The following criteria recognize that the award of a Business Subsidy may serve a variety of public purposes of varying importance depending upon the specific Project facilitated by the Business Subsidy. The degree of importance to be attached to various public purposes which may be served by a particular Project must therefore involve the exercise of sound judgment after weighing all relevant criteria. Not all evaluative criteria will be applicable to all projects. In any event, the City may disregard any evaluative criterion it determines to be either irrelevant or unimportant in the case of the particular project, as permitted by the Act. The evaluative criteria are as follows: 1. Jobs The number of full -time equivalent jobs to be created or retained by the proposed Project for a period of at least two years from the estimated benefit date. 2. Tax Base. The net increase in property taxes estimated to be generated by the Project in the • first full year of operation. Exhibit A 3. Services to the Communitv. Whether the Project will provide services or facilities needed in the community. For example, the Project may provide needed health care services, commercial facilities, or other services or facilities needed in the community. 4. Blighted Property. Whether the Project is located on property which is, or is likely to become blighted, and is not likely to be developed or redeveloped because of the blight or other adverse conditions. 5. Design and/or Other Amenity Concessions. Whether, as a result of the Business Subsidy, the Project will include design and/or amenity features not otherwise required by law. 6. Compatibility. Whether the Project is compatible with the comprehensive plan. 7. Utilization of Existing Infr4structure Investment. Whether and to what extent the Project will utilize existing public infrastructure capacity or will require additional publicly funded infrastructure. 8. Leveraged Public Funds. The ratio of private funds which will be applied towards the capital cost of the project compared to the Business Subsidy. 9. Other Factors. Depending on the nature of the Project, such other factors as the City may deem relevant in evaluating the Project and the Business Subsidy proposed for it. • • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION APPROVING REDEVELOPMENT AGREEMENT WITH TALISMAN LLC WHEREAS, pursuant to the Minnesota Business Subsidy Act, the City Council conducted a public hearing on the 24th day of January, 2000, on a proposed grant of a business subsidy to Talisman LLC for the redevelopment of the Brookdale Mall; and WHEREAS, the proposed business subsidy was reviewed pursuant to the City of Brooklyn Center's Business Subsidy Policy and was determined to meet the mandatory criteria and was reviewed under the evaluative criteria as set forth in Exhibit B, which is attached hereto and incorporated herein by reference; and WHEREAS, attached hereto and incorporated herein by reference as Exhibit A is a proposed redevelopment agreement between the Economic Development Authority in and for the City of Brooklyn Center and Talisman LLC; and e WHEREAS, the terms and conditions set forth in the proposed redevelopment agreement in Exhibit A appear to be reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the redevelopment agreement and business subsidy of $2.9 million is pay as you go tax increment financing as set forth in Exhibit A be and hereby is recommended for approval by the Economic Development Authority in and for the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. IL • RESOLUTION NO. Exhibit B EVALUATION OF PROPOSED BROOKDALE BUSINESS SUBSIDY A. MANDATORY CRITERIA All Projects must comply with the following criteria: 1. But For Test. There is a substantial likelihood that the Project would not go forward without the Business Subsidy. This criterion may be met based solely on representations of the recipient of the Business Subsidy. The Recipient has represented that the project cannot go forward without the proposed use of tax increment financing on a pay as you go basis. 2. Wae-e Policv. If the Project results in an obligation to create new jobs pursuant to a subsidy agreement, the wage for each part -time and full -time job required to be created pursuant to the subsidy agreement shall, within two years of the benefit date, pay at least $7.00 per hour. The Redevelopment Agreement requires the creation of at least 93 jobs paying at least • $7.00 per hour. 3. Feasibility. The recipient must demonstrate to the satisfaction of the City that the Project has been adequately financed and either has been or will be completed in a timely fashion. Recipient has provided a loan commitment and the Redevelopment Agreement requires completion of the project in a timely fashion. Also, no payments will be made unless the recipient has performed under the terms of the Redevelopment Agreement. 4. Compliance with Act. The Business Subsidy must satisfy all requirements of the Act. The Redevelopment Agreement requires full compliance with the requirements of the Business Subsidy Act. B. EVALUATIVE CRITERIA The following criteria recognize that the award of a Business Subsidy may serve a variety of public purposes of varying importance depending upon the specific Project facilitated by the Business Subsidy. The degree of importance to be attached to various public purposes which may be served by a particular Project must therefore involve the exercise of sound judgment after weighing all relevant criteria. Not all evaluative criteria will b applicable to all projects. e . In any event, the City may disregard any evaluative criterion it determines to be either irrelevant or unimportant in the case of the particular project, as permitted by the Act. RESOLUTION NO. Exhibit B The evaluative criteria are as follows: 1. Jobs The number of full -time equivalent jobs to be created or retained by the proposed Project for a period of at least two years from the estimated benefit date. The project will create at least 93 new jobs and will retain a significant number of jobs. 2. Tax Base. The net increase in property taxes estimated to be generated by the Project in the first full year of operation. The captured tax increment is anticipated to be $1,071, 000 in the first full year of valuation. 3. Services to the Communitv. Whether the Project will provide services or facilities needed in the community. For example, the Project may provide needed health care services, commercial facilities, or other services or facilities needed in the community. • Brookdale serves as the retail center of Brooklyn Center and its vitality is crucial to the economic vitality of the commercial areas around Brookdale. 4. Blighted Property. Whether the Project is located on property which is, or is likely to become blighted, and is not likely to be developed or redeveloped because of the blight or other adverse conditions. If the property is not redeveloped it has the strong potential to become blighted, with a drastic negative impact on the City's tax base. 5. DesiLyn and /or Other Amenity Concessions. Whether, as a result of the Business Subsidy, the Project will include design and /or amenity features not otherwise required by law. This criteria is not applicable to this project. 6. Compatibility. Whether the Project is compatible with the comprehensive plan. The project is compatible with the Comprehensive Plan. • • RESOLUTION NO. Exhibit B 7. Utilization of Existing Infrastructure Investment. Whether and to what extent the Project will utilize existing public infrastructure capacity or will require additional publicly funded infrastructure. The project will use existing infrastructure capacity. The City, with a grant from the State Legislature, previously constructed storm water system improvements to treat the storm water run -off from the project. 8. LeveraLyed Public Funds. The ratio of private funds which will be applied towards the capital cost of the project compared to the Business Subsidy. $2.9 Million Tax Increment Financing Note will be leveraged in a Redevelopment Project which includes in the recipient's redevelopment budget. $11.7 Million Department Store Contributions, $7 Million tenant improvements, and at least $21 Million in mall improvements). 9. Other Factors. Depending on the nature of the Project, such other factors as the City may • deem relevant in evaluating the Project and the Business Subsidy proposed for it. The redevelopment of Brookdale has been a community priority for a number of years. The redevelopment of Brookdale is essential for the maintenance of the City's tax base and regional commercial base. City Council Agenda Item No. 8b i MEMORANDUM DATE: January 20, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: An Ordinance Amending Chapter 35 of the Code of Ordinances Relating to Erosion Control and Floodplain Regulations This ordinance amendment to the zoning ode was first read on Jan 10, 2000, and was g �'Y reviewed by the Planning Commission at its January 13, 2000 meeting. A second reading and public hearing are scheduled for January 24, 2000. The Planning Commission suggested one change to the proposed ordinance. In proposed new Section 35 -2230 (3) regarding restoration of ground cover, the Commission suggested adding this phrase to the end of the second sentence: "...in no event shall erosion control devices be removed until round cover is established." Staff believes this is a good suggestion and the g g gg attached ordinance includes that phrase. The ordinance completes zoning control changes required by the Metropolitan Council as a condition of final approval of the Comprehensive Plan, specifically erosion control requirements and revisions to the floodplain ordinance to bring it into conformance with current regulations. • Office of the City Manager City of Brooklyn Center A great place to start. A great place to stay. • Michael J. McCauley City Manager MEMORANDUM TO: Mayor Kragness, Councilmembers Hi s m, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: January 24, 2000 SUBJECT: Council Agenda Item No. An a Amending Chapter 35 of the Code of Ordinances g 8b Ordmanc g p Relating to Erosion Control and Floodplain Regulations Attached is a revised copy of the An Ordinance Amending Chapter 35 of the Code of Ordinances Relating to Erosion Control and Floodplain Regulations. In adding the Planning Commission recommended language, the last two sentences of the first page of the ordinance were left off in printing. However, the language was included in the publishing of the ordinance. Attachment • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone &TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of January, 2000, 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 relating to erosion control and floodplain regulations. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF ORDINANCES RELATING TO EROSION CONTROL AND FLOODPLAIN REGULATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The following sections are hereby added to the Brooklyn Center Code of Ordinances: Section 35- 22,30. GRADING AND EROSION CONTROL PLAN. 1. A satisfactory erosion control and grading plan consistent with the Minnesota Pollution Co ntrol Agency's Best Manag ement Practices Handbook must be approved by the Cityngineer bef ore a grading or building permit is issued for constniction if the constructio will result in disturbing the soil. 2. The grod and erosion control pla must provide 2 foot contour lines with spot elevations of prgpesed . grades in relation to existing grades on the subject property and adjacent land. Also. location and type of erosion control devices shall be clearly labeled. 3. Every effort shall be made to minimi disturbance of existing ground cover. To minimize the erosion potential of exposed areas. restoration of ground cover shall be provided within five (5) days after completion of the grading operation: in no event shill erosion cnntml devices be removed until ground cover is established. 4. Every effort shall be made during the building permit application process to determine the fijll extent of erosion contr required. However. the City En gineer may require a dditional controls to corr ect specific site related problems as normal inspections are performed. • 5. All erosion control noted on the approved plan shall be installed prior to the initiation of s site rg_ading_o construction. Noncompliance with the grading and erosi control plan shall constitute g rounds for an order from the City to halt all construction. i 6. All rad ng and co n, stnaction activity that results in disturbance of the ground shall comply with Minnesq11 Pollution Control Ag_ encv's Best Mana gement Practices. Section 35 -2150 (5) (g). If fill is placed or there is encroachment of any kind in the flood fringe. compensatory storage of eagal or greater volume than the encroachment upon the flood fringe must be provided within the flood plain. This encroachment shall not create; any nor shall it create hazardous velocities. Section 2. The following sections of the Brooklyn Center Code of Ordinances are hereby amended as follows: Section 35 -230 (2) (b) (VI). Existing and proposed land elevations, drainage provisions, temporary and permanent erosion control provisions, and utility provisions as may be required. Section 35 -355 Subdivision (4) (e). The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivision may be subject to modifications from the City Ordinances generally governing them. The City Council may, therefore, approve streets, utilities public facilities and land subdivisions which are not in compliance with �p p • usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City. except that these subdivisions and plans must he in conformance with all watershed. state. and federal storm water.. erosion control. and wetlands reauirements. Section 35 -355 Subdivision (5) . A radio plan. including and ( )(a )( ) grading g t - - permanent erosion control provisions: Section 35-410 (5). On developments of sufficient magnitude so as to require on -site water main-em; sewer main storm s ewer. or storm drainage facilities construction, plans for such faeilitics utilities shall be designed by and installed under the supervision of a civil engineer registered in the State of Minnesota and shall be submitted to and approved by the City Engineer. In cases where on -site water or sewer m utilities construction is required, the land owner or developer shall enter into a water wtd s nd fire hy utilities _ maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspections or repairs that are in the public interest. p P P Section 35-411 (5). On developments of sufficient magnitude so as to require • on -site water main -er; sewer main., storm sewer. or storm drainage facilities construction, plans for such fames utilities shall be designed by and installed shall be submitted to and approved by the City Engineer. In cases where on -site water or sewer mai utilities construction is required, the land owner or developer shall enter into a water and sewer main and fire hy utilities maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspections or repairs that are in the public interest. Section 35-412 (5). On developments of sufficient magnitude so as to require on -site water main- sewer main, storm sewer, or storm drainage facilities construction, plans for such €�eilities utilities shall be designed by and installed under the supervision of a civil engineer registered in the State of Minnesota and shall be submitted to and approved by the City Engineer. In cases where on -site water or sewer m utilities construction is required, the land owner or developer shall enter into a water and s rid fire hy utilities maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspections or repairs that are in the public interest. Section 35-413 (13). On developments of sufficient magnitude so as to require on -site water main -M sewer main. storm sewer. or storm drainage facilities construction, plans for such faeilities utilities shall be designed by and installed under the supervision of a civil engineer registered in the State of Minnesota and shall be submitted to and approved by the City Engineer. In cases where on -site water 3r 3::.Eer-ntain utilities construction is required, the land owner or developer shall enter into a water and s nd fire hyd utilities maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspections or repairs that are in the public interest. Section 35 -2140 (4) (a). All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials, or equipment, or other uses may be allowed as a Special Use that will cause any increase in the stage of the 100 -year or regional flood or any of flood flows or increase in flow velocity. or cause an increase in flood damages in the reach or reaches affected. Section 35 -2160 (2) (b) (3) Compute the floodway necessary to convey or store the regional flood without inereasing flood stages mre thm 0.5 foot. A lesse sfte increase than 9.5 f-oot sha4l be reqaire4 if-, as a rest4t of ft�_e addition . . - , An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. • Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2000. Mayor ATTEST: City Clerk Date of Publication Effective Date • (Strikeouts indicate matter to be deleted, underline indicates new matter.) • City Council Agenda Item No. 9a S MEMO To: Michael J. McCauley, City Manager `, 1 From: Ronald A. Warren Planning nd Zoning Spec i st w g g Subject: City Council Consideration Item - Planning Commission Application No. 2000- 001 Date: January 19, 2000 On the January 24, 2000 City Council Agenda is Planning Commission Application No. 2000- 001 submitted by Denita Thomas requesting a Special Use Permit for a home occupation to operate a beauty salon at 401 Bellvue Lane. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2000 -001 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their January 13, 2000 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. i • Application Filed On 12 -29 -99 City Council Action Should Be 'Taken By 2 -27 -00 (60 Days) Planning Commission Information Sheet Application No. 00001 Applicant: Denita Thomas Location: 401 Bellvue Lane Request: Special Use Permit The applicant, Denita Thomas, requests special use permit approval to operate a beauty shop in the basement of her home at 401 Bellvue Lane. The property in question is zoned R -2 (One and Two Family Residence) and is located on Bellvue Lane at the very east end of this new development. It is bounded on the north by Bellvue Lane and 4th Street North; on the east by I -94 right -of -way; on the south by the 53rd Avenue North green way; and on the west by single family homes. Home beauty shops are classified as special home occupations in the City's zoning ordinance and require the approval of a special use permit before such operations can be undertaken. The applicant has submitted a letter (attached) in which she describes the proposed home • occupation. She notes that she is a licensed cosmetologist and will be seeking to have her home beauty shop licensed as such by the State of Minnesota. She notes that she will be performing all of the duties of a professional salon such as hair washing, blow drying, and styling of hair. The operation will be a one person operation and will be located in the lower level (basement) of the home. Customers will be seen on an appointment only basis and she proposes hours of operation to be Tuesday through Friday from 9:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 5:00 p.m. Ms. Thomas notes that there is adequate parking on site in her two car drive way and also points out safety measures in the home such'as a fire extinguisher, egress window and a smoke detector on each level of the home. The biggest concern with any proposed home occupation involving beauty or barber services is that it be done on an appointment only basis, rather than trying to attract walk in customer traffic. This way, on street parking can be avoided and the traffic coming and going to the operation can be held to a minimum, thus, not causing an inconvenience to surrounding properties. As mentioned previously, the applicant plans to take appointments only and appears to have a large enough drive way that customers can park there without having to park their vehicles on the street. The Building Official will be reviewing the property for various recommendations that may need to be made. The home was recently constructed and it is not anticipated that there will be problems associated with this home occupation. There, in all likelihood, will be a need for some i 01 -13 -00 Page 1 • construction or plumbing work associated with the shop license that will need to be issued by the State of Minnesota. These matters are subject to permit and inspection by the City. All in all, we see this proposal as being a relatively low level home occupation in terms of beauty shop operations. The hours proposed do not seem to be excessive and the level of activity should be within the range of other beauty shop home occupations approved by the City Council in the past. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent to the neighboring property owners. Again, it appears that this home occupation will be very low key and should not cause problems in the immediate neighborhood if it is conducted in the manner outlined by the applicant, namely that customers be seen on an appointment. only basis and all parking associated with the home occupation be off street in the applicant's drive way. Therefore, we would recommend approval of this special use permit, subject to at least the following conditions: 1. The special use permit is granted only for a home beauty shop with a single operator. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. • 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. All parking associated with - this home occupation shall be off street on improved space provided by the applicant. 4. The hours of operation shall be between the hours of 9:00 a.m. and 6:00 p.m., Tuesday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday. Customers shall be served on an appointment only basis. 5. The applicant shall comply with recommendations of the Building Official with respect to safety related matters and obtain the necessary permits for alterations made to the property. 6. A current copy of the applicant's State license shall be submitted to the City prior to the issuance of the special use permit related to this application. 01 -13 -00 Page 2 ,� . ���^ � � � � � �� � � � . �' a1� ������� ��'�� �� � p�� � h �� -����� d 3 ����� �� o � ��� ������3 ��3 it � -■ ■ -�• � -� -� � �� ■!!! 111 ■■�!!■ --. �!! -. -. , L ��illti'■ ■!!!r - !■ !!! �!!! !!�!!! !!!!�!! - Hill logos v%i I milli .• 1 111 11 i l 11 l i mail Toll lax — L������! � ! " li � � �■ ��f� L-- .lI ✓�2fY�aer�'�"r�j t�s' - t . � �'t <St #j�r!�K� - �.ry- �„� _ — � � Mks.{ � i r •i ra-. 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'i J^ K, s , !t r .t � z� r °H � -�.f-� '�li ? lr y�'l s's• F ��, SY��..4 �,�.A r, F ti LJL- V VC L.HIVC , b � Q,Qe • 1 77 •. = �� �', 11 --- S8920'36 "W , .+.�'°i 0 r— =- — — — — — — DESCRIPTION OF PROPERTY SURVEYED t ( c \ 35 a t ! \ Lot 7, Block 2, BELLVUE LANE s i a M n i AO01TION Hennepin Coun Mir rn i 51 YB'.3� '6670 le 1 9\ i PROPOSED I HOUSE A + 24.001 10.67 \ CT BE to ILOO Ci Ln o I eJe 1 �1 I \ ?.:: T 11 i L 0 T 7 �1 • I . i ss . - - w I El lb 31 b 1 154.22 — :c N8920'36'E ` 8G22 *N9 , • a I MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION S OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 13, 2000 CALL TO ORDER: 1999 PLANNING COMMISSION The 1999 Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL 1999 PLANNING COMMISSION Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn (arrived at 7:32 p.m.), Dianne Reem, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Carla Wirth. APPROVAL OF MINUTES - DECEMBER 2. 1999 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the minutes of the December 2, 1999 meeting as submitted. The motion passed unanimously. ADJOURN 1999 PLANNING COMMISSION There was a motion by Commissioner Newman, seconded by Commissioner Reem, to adj ourn the 1999 Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 7:31 p.m. ADMINIST OATH OF OFF IC'.E: STEPH ERDM ANN. REX NEWMAN. JOHN WHITEHEAD Mr. Warren administered the oath of office to Stephen Erdmann, Rex Newman, and John Whitehead. Mr. Warren advised that the term of office is for two years. CALL, TO ORDER: 2000 PLANNING COMMISSION The 2000 Planning Commission meeting was called to order by Chair Willson at 7:33 p.m. ROLL CALL 2000 PLANNING COMMISSION Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn, Dianne Reem, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Carla Wirth. ELECTION OF 2000 CHAIR Chair Willson called for nominations for the position of 2000 Planning Commission Chair. Commissioner Boeck nominated Tim Willson for the position of Planning Commission Chair. 01 -13 -00 1 After calling for nominations three times and hearing none, Chair Willson entertained a motion to close nominations. There was a motion by Commissioner Reem, seconded by Commissioner Boeck, to close nominations. The motion passed unanimously. Chair Willson entertained a motion of election. There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to cast a unanimous ballot and elect Tim Willson as the 2000 Planning Commission Chair. The motion passed unanimously. ELECTION OF 2000 CHAIR PRO TEM Chair Willson called for nominations for the position of 2000 Planning Commission Chair Pro Tem. Commissioner Newman nominated Graydon Boeck for the position of Planning Commission Chair Pro Tem. After calling for nominations three times and hearing none, Chair Willson entertained a motion to close nominations. There as a motion b Commissioner Newman seconded b Th w y Y Commissioner Rahn, to close nominations. The motion passed unanimously. Chair Willson entertained a motion of election. There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to cast a unanimous ballot and elect Graydon Boeck as the 2000 Planning Commission Chair Pro Tem. The motion passed unanimously. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2000 -001 - DENITA THOMAS, Chair Willson introduced Application No. 2000 -001, a request submitted for a Special Use Permit to allow conduct of a home occupation involving beauty services at 401 Bellvue Lane. The applicant, Denita Thomas, requests special use permit approval to operate a beauty shop in the basement of her home at 401 Bellvue Lane. The property in question is zoned R -2 (One and Two Family Residence) and is located on Bellvue Lane at the very east end of this new development. O1 -13 -00 2 • Home beauty shops are classified as special home occupations in the City's zoning ordinance and require the approval of a special use permit before such operations can be undertaken. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 12 -29 -99 for Application No. 2000 -001 attached.) Mr. Warren noted the letter submitted by the applicant describing the proposed home occupation and noting that she is a licensed cosmetologist and will be seeking to have her home beauty shop licensed as such by the State of Minnesota. She notes that she will be performing all of the duties of a professional salon and it will be a one - person operation located in the lower level (basement) of the home. Customers will be seen on an appointment only basis and she proposes hours of operation to be Tuesday through Friday from 9:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 5:00 p.m. Ms. Thomas notes that there is adequate parking on site in her two car driveway and also points out safety measures in the home such as a fire extinguisher, egress window, and a smoke detector on each level of the home. It was noted that the Building Official will be reviewing the property for various recommendations that may need to be made. The home was recently constructed and it is not anticipated that there will be problems associated with this home occupation. These matters are subject to permit and inspection by the City. • Mr. Warren advised that staff sees this proposal as being a relatively low -level home occupation in terms of beauty shop operations and should not cause problems in the immediate neighborhood if it is conducted in the manner outlined by the applicant (appointment -only basis and all parking be off street in the applicant's driveway). The hours proposed do not seem to be excessive and the level of activity should be within the range of other beauty shop home occupations approved by the City Council in the past. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent to the neighboring property owners. Mr. Warren recommended approval of Application No. 2000 -001, subject to additional conditions 1 -6 as outlined in the staff report. Chair Willson called for questions /discussion from the Commissioners. Commissioner Boeck asked if the applicant is aware that there are some restrictions on signage for home occupations. Mr. Warren advised that one sign related to the home occupation is allowed but limited to no more than 2.5 feet in area with a sign permit. Commissioner Reem asked how long the permit is valid. Mr. Warren stated if the operation abides by the City's Code, no further approvals are required, however, the State of Minnesota may have on- going inspections with their license. Commissioner Reem asked if a separate entrance to the business is required. Mr. Warren stated he • was not aware of this as a requirement, however, emergency egress is something the Building 01 -13 -00 3 • Official typically looks for. Having a separate entrance for beauty shop patrons may be a State requirement. PUBLIC HEARING - APPLICATION NO. 2000 -001 There was a motion by Commissioner Erdmann, seconded by Commissioner Rahn, to open the public hearing on Application No. 2000 -001, at 7:52 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Denita Thomas, 401 Bellvue Lane, introduced herself as the applicant and ad vised that the home has a front entrance near the basement steps so patrons will enter at that point. She stated that this is a split -level home and it is only five to six steps to the basement location. Commissioner Newman inquired regarding the chemicals that will be used. Ms. Thomas explained that a State license is required and those chemicals are approved by them. Commissioner Erdmann asked how many clients are expected each week. Ms. Thomas stated she is just starting in this business and really had no estimate at this time. No other persons from the public appeared before the Commission during the public hearing on Application No. 2000 -001. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to close the public hearing on Application 2000 -001 at 7:55 p.m. The motion passed unanimously The C hair called for further discussion o e r questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECO APPROVAL OF APPLIC ; TION NO. 2000 -001 - DENITA THOMAS There was a motion by Commissioner Reem, seconded by Commissioner Rahn, to recommend to the Council that it approve Application No. 2000 -001, submitted by Denita Thomas for a Special Use Permit to conduct a home occupation involving beauty services and to operate a beauty shop in the basement of her home at 401 Bellvue Lane, subject to the following conditions: 1. The special use permit is granted only for a home beauty shop with a single operator. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. All parking associated with this home occupation shall be off street on improved • space provided by the applicant. 01 -13 -00 4 4. The hours of operation shall be between the hours of 9:00 a.m. and 6:00 p.m., Tuesday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday. Customers shall be served on an appointment -only basis. 5. The applicant shall comply with recommendations of the Building Official with respect to safety related matters and obtain the necessary permits for alterations made to the property. 6. A current copy of the applicant's State license shall be submitted to the City prior to the issuance of the special use permit related to this application. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its January 24, 2000 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEMS A. AN ORDINANCE AMENDING CHAPTER 35 RELATING TO EROSION CONTROL AND FLOOD PLAIN REGULATIONS. Mr Warren explained that the two discussion items relate to ordinance amendments to Chapter 35 (Zoning Ordinance) of the City ordinances. Because these matters are ordinances amending the zoning ordinance, Planning Commission review and comment is required. Both ordinances were offered for first reading by the City Council on January 10, 2000, and are subject to public hearings at subsequent City Council meetings. Mr. Warren explained that an ordinance amending Chapter 35 regarding erosion control is housekeeping in nature and relates to establishing erosion control and flood plain regulation which will adopt a required erosion control ordinance for the City. He noted that the City is in the process of adopting a new Comprehensive Plan, a portion of which contains a plan for surface water management. The plan requires erosion control mechanisms and "standards that meet a Minnesota Pollution Control Agency (PCA) publication entitled, Protecting Water Oualitv in Urban Areas: Best. Management Practices for Minnesota. Also required are a number of housekeeping changes relating to flood plain management. Commissioner Boeck stated he does not think a five -day period of time to complete restoration of ground cover is reasonable and suggested other wording to allow a longer period of time or to indicate that the provisions of item 2 shall continue. He noted that in most projects a silt fence will also be required. Upon inquiry by Commissioner Erdmann, Mr. Warren read the ordinance definition for "flood • fringe" and "floodway." Mr. Warren explained that a wetland is an area defined by the vegetation and the boundaries are delineated. Those areas cannot be filled without a 2:1 mitigation. O1 -13 -00 5 Mr. Warren explained that submission of an erosion control plan will now be required as part of the • PUD, building, and site plan processes. It also indicates the City will not vary from the plans required by the watershed, state, and federal storm water erosion control and wetland requirements. He noted that the project will not move forward until it receives City Engineer approval of those issues. Commissioner Boeck stated his support to require the developer to have a bond with the City to assure timely completion and maintenance of the project. Mr. Warren explained that if they don't complete required maintenance, this agreement will give the City the right to enter the property, conduct necessary maintenance, and charge the cost back to the property owner. A bond would be required in cases of multiple residential, commercial, and industrial projects. The subdivision agreement would address residential types of projects. Commissioner Newman asked about special uses that would be allowed in the floodway. Mr. Warren noted the permitted uses that could be allowed in a floodway in various zoning districts, none of which included structures. He then advised of structures that could be considered as special uses in the floodway. Mr. Warren recommended any wording revisions be cited and a recommendation be made for Council consideration. There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend approval of an Ordinance Amending Chapter 35 Relating to Erosion Control and Flood Plain Regulations with the following language revision:' - Section 35 -2230, subd. 3: Every effort shall be made to minimize disturbance of existing ground cover. To minimize the erosion potential of exposed areas, restoration of ground cover shall be provided within five (5) days after completion of the grading operation and in no event shall erosion control devices be removed until eround cover is established,. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. B. AN ORDINANCE AMENDING CHAPTER 35 DESIGNATING TEMPORARY CLASSROOMS AS INTERIM USE IN R -1 DISTRICTS. Mr. Warren explained that an ordinance amending Chapter 35 of the City Ordinances designating temporary classrooms as interim uses in the R -1 district also needs to be considered. This ordinance amendment has been recommended by the City Attorney in response to the City Council's consideration of temporary classrooms at the Earle Brown Elementary School. The Planning Commission had recommended that the School District be allowed to construct a temporary classroom at Earle Brown Elementary subject to conditions that were recommended at the December 2, 1999, Planning Commission meeting. Mr. Warren explained that the City Attorney has advised that the best way to deal with the otherwise unauthorized building is for the City to adopt an • 01 -13 -00 6 amendment to the City's zoning ordinance to allow for interim uses in the R -1 zoning district. He presented the proposed amendment, noting it is drafted to pertain to classrooms. Mr. Warren explained the Council directed the City Attorney to prepare an agreement between the City and the School District which would allow the facility to go forward, at the School District's own risk, while the City considers an ordinance amendment which could allow temporary classrooms as interim uses and establish a procedure for considering such facilities. That agreement was approved at the last Council meeting. Mr. Warren noted the requirement to identify a date specific or event that can be identified at which time the use is to be terminated, which would include the removal of the building. It also allows the City Council to impose any conditions on the interim use needed to protect public health, safety, or welfare as listed in the ordinance. Upon inquiry by Commissioner Rahn, Mr. Warren explained that the applicant could reapply for a longer time period. However, realistically, court involvement would probably be needed to require removal of the building if the property owner is in disagreement. Commissioner Boeck noted that in this particular case, the School District is leasing the structure and has indicated their intention to construct a permanent facility. He recommended a wording addition to Section 1, 3.a.2. to require removal of the structure from the site. Commissioner Newman asked if this ordinance would apply to the School District request for a temporary structure. Mr. Warren advised that it would and the agreement also notes that if the City does not adopt an ordinance permitting temporary classrooms on an interim basis by April 30, 2000, the School District will remove the temporary buildings no later than August 31, 2000. Commissioner Rahn noted the Planning Commission's recommendation also included the requirement for removal upon reduced enrollment. Mr. Warren explained that when the Council considered this issue, the School District asked the Council to not include a reduced enrollment restriction but, rather, to address their programming needs. Chair Willson noted that the financial incentive for removal of a leased structure is reduced if the school were to receive a grant to cover that cost. However, the ordinance does specifically identify the structure must be used for classroom space. Commissioner Reem asked if another organization, such as a church group, could make use of the structure. Mr. Warren read the language being proposed and advised that the building could only be used by the school. Commissioner Rahn asked if a private or charter school operated from a home could make a similar request for a temporary structure to be used as a classroom. Mr. Warren stated if the school is in an R -1 zone and an accredited school, etc., he believes such a request could be made. There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to recommend approval of an Ordinance Amending Chapter 35 Designating Temporary Classrooms • as Interim Use in R -1 Districts with the following language revision: 01 -13 -00 7 Section 1, 3.a.2.: "At the time of granting such a permit the council shall specify a date or • event that can be identified with certainty by which the interim use must be terminated and the structure(s) shall be removed from the site." Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion P assed unanimously. OTHER BUSINESS Mr. Warren advised that notice has been posted that the Planning Commission will hold a public hearing on the Comprehensive Plan update at its next meeting. Commissioner Reem raised concern about the inability to access the MTC regional bus stop on Xerxes Avenue due to the snowbanks. Concern was also expressed that this temporary bus stop may become a permanent long -term use. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:10 p.m. • Chair Recorded and transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc. • 01 -13 -00 8 City Council Agenda Item No. 10a • City of Brooklyn Center Memorandum TO: Jane Chambers, Assistant City Manager/HR Dire c or FROM: Kelli Wick, Human Resources Assistant �l DATE: January 10, 2000 SUBJECT: Pay Equity Compliance Report The City of Brooklyn Center was notified by the Department of Employee Relations that we must submit our Pay Equity Information as required by the Local Government Pay Equity Act of 1984. Our jurisdiction was found in compliance based on our 1997 report, and now our next regular report is due January 31, 2000. This report must show data in place as of December 31, 1999. This report is required by the Local Government Pay Equity Act M.S. 471 -991 - 471.999 and Minnesota Rules, Chapter 3920. Reporting requirement letter dated November 15, 1999 is • attached. Also, attached is the required pay equity report that must be submitted to DOER by the end of this month. In conducting preliminary runs of the data on pay equity it appears we are in compliance. I ask this information go before City Council at its regular City Council meeting of January 24, 2000 for. their information. After the Council has received this information, I will forward it to the Minnesota Department of Employee Relations along with complying with the official postings. The information must be submitted by January 31, 2000 or the City could be found in non- compliance and could be subject to penalties. If you have any questions regarding this please don't hesitate to ask me. Minnesota _ Department of Employee Relations Relations State of Minnesota: Employer of .Choice November 15, 1999 TO: Local Government Officials City Clerk, Administrator or Manager Superintendent of Schools County Personnel Director or Auditor FROM: Wayne Simoneau, Deputy Commissioner Labor Relations /Compensation Division RE: PAY EQUITY REPORT FORMS Thank you for your previous cooperation in meeting requirements to comply with. the 1984 Local Government Pay Equity Act. I am pleased to report that nearly all local government jurisdictions are in compliance with the Act. We continue to work with the remaining jurisdictions to help them come into compliance. As you know, your jurisdiction was found to be in compliance based on your 1997 report, and now your next report is due January 31, 2000. This report must show data in place as of December 31, 1999. This packet contains the material you will need to file your 2000 Pay Equity Implementation Report. (Only one -third of all jurisdictions are reporting in 2000, so your neighboring jurisdictions may have other reporting dates.) This report is required by the Local Government Pay Equity Act, M.S. 471.991 - 471.999 and Minnesota Rules, Chapter 3920. The materials enclosed are: • Instructions for Completing the Pay Equity Implementation Report including the following: • Pay Equity Report Form (white) • Benefits Worksheet and Instructions (green) • Salary Range Test Example/Exceptional Service Pay Test Example (pink) • Definitions Sheet (blue) • Pay Equity Report "Notice" Form (yellow) • Guide to Understanding Pay Equity Compliance and Compliance Reports Please mail or hand deliver your report to the Department of Employee Relations on or • before January 31, 2000. Any reports not postmarked or received by DOER on or before that date will be found out of compliance. 200 Centennial Office Building • 658 Cedar St. • St. Paul, MN 55155 -1603 • (651) 297 -1184 • TTY (651) 282 -2699 An equal opportunity employer Page 2 - November 15, 1999 • When the review of your report is complete, you will receive a notice informing you whether your jurisdiction is "in compliance" or "out of compliance." Please be assured that you will be informed promptly when this decision is made, and that no penalties or other negative consequences will occur before you receive that notice. Jurisdictions receiving an "out of compliance" notice will have an opportunity to make adjustments and come into compliance. However, any jurisdiction which does not come into compliance within the time allotted by DOER to make adjustments will receive a second "out of compliance" notice and will be subject to a penalty. The penalty is a 5 percent reduction in state aid payments or $100 per day, whichever is greater. The information enclosed warrants careful reading as it contains answers to many questions commonly asked about the program. If after reading the materials.you still have a question, please call Faith Zwemke, the department's pay equity coordinator, at (651) 296 -2653. If you are hearing impaired or deaf, please call our Telecommunications for the Deaf (TTY) line at (651) 297 -2003. Please be patient if you call us and receive a recorded message. We will respond as soon as possible. Enclosures payequit/gen=Ym -report Pay Equity Implementation Report Send completed report to: - • Pay Equity Coordinator For Department Use Only Department of Employee Relations 200 Centennial Building Postmark Date of Report 658 Cedar Street St. Paul, MN 55155 -1603 (651) 296 -2653 (Voice) Jurisdiction ID Number (651) 297 -2003 (TDD) c Name of Jurisdiction City of Brooklyn Center �e N City ❑ County ❑ School ❑ Other: o Address 6301 Shingle Creek Parkway C ' t yBrocklyn Center State Zp55430 d — Contact Person IZelli Wick I Phone ( 612 ) 569 -3300 0 The job evaluation system used measured skill, effort, © No salary ranges/performance differences. responsibility and working conditions and the same system was used for all classes of employees. ❑ Check here if both of the following apply, otherwise, leave Check the system used: blank. ❑ state Job Match a. Jurisdiction does not have a salary range for any job class. ❑ Designed Own (specify) b. Upon request, jurisdiction will supply documentation C showing that inequities between male and female c ® classes are due to performance differences. Consultant's System (specify) W HR Focus ; - PDI Note: Do not include any documentation regarding ❑ Other (specify) performance with this form. is Q An official notice has been posted at a © Health insurance benefits for male and female classes City Hall - Employee Bulletin Boards of comparable value have been evaluated and: (prominent location) informing employees that the Pay Equity Implementation p ❑ There is no difference and female classes are not Report has been filed and is available to employees upon at a disadvantage. request. A copy of the notice has been sent to each exclusive m t ® There is a difference and the maximum salaries representative, if any and also to the public library. The report r include the mont amount d by the was approved by: d � Y pat City Council employer for health insurance. (govemingbody) 0 Information in this report is complete and accurate. Myrna Kragness (chief elected official, prin0 ® The report includes all classes of employees over which the jurisdiction has final budgetary approval (chief elected official signature) authority. Mayor (titiel (date) Result from Salary Range Worksheet fJ o H 6 97.62 % is the result of average years to salary range maximum for male classes divided by the average years to salary range maximum for female classes. 4 9 " Results from Exceptional Service Pay Worksheet 0 p g q q 0 0 E 20% or less of male classes receive ESP. e� �e W o % is the result of the percentage of female classes receiving ESP divided by the percentage of male classes receiving ESP. W j O m c $ 9,210,874 is the annual payroll for the calendar year just ended December 31. d F'd (Part F on Back) i PART F: Job Class Information City of Brooklyn Center Contact Person: Kelli Wick Report Date: January 7, 2000 (Name of Jurisdiction) 6301 Shingle Creek Parkway Phone: 612 - 569 -3300 (Address) Brooklyn Center, MN 55430 (City, State, Zip) A B C D E F G H I J Class Except. type Job Min. mo. Max. Mo. Yrs to # yrs service Class title # Male # Female M, F, B points salary Salary max. service pay 1 PT Communi ty 4 B 33 Center Aide 6 $ 953 $ 1,144 5 2 PT Babysitting 0 2 F 33 $ 953 $ 1,144 5 3 PT Police Cadet 1 0 M 33 $ 1,433 $ 1,433 1 4 PT EBHC Housekeeper 0 7 F 33 $ 1,305 $ 1,587 1 5 PT EBHC Custodian 1 1 B 33 $ 1,305 $ 1,587 4 6 PT Assistant Preschool Teacher 0 1 F 33 $ 1,187 $ 1,473 5 7 PT Comm. Center Set Up 2 0 M 33 $ 1,326 $ 1,586 5 8 Custodian 4 1 M 33 $ 2,077 $ 2 5.5 9 PT EBHC Setup Crew 19 0 M 33 $ 1,305 $ 1,587 4 10 Community Service Officer 1 0 M 33 $ 1,878 $ 2,206 5.5 11 PT Community. Service Officer 2 0 M 33 $ 1,513 $ 1,842 5.5 12 PT Golf Club House 11 3 1 B 37 $ 1,142 $ 1,379 5 13 PT Liquor Clerk/Stocker /Cashier 16 17 B 37 $ 1,213 $ 1,620 15 14 FT EBHC Crew Chief 1 0 M 42 $ 2,163 $ 2,553 5.5 15 PT EBHC Clerk/Typist 0 1 F 42 $ 1,629 $ 1,983 3 16 PT Golf Club House I 1 0 M 42 $ 1,383 $ 1,627 5 17 PT Liquor Cashier /Office Assistant 0 1 F 42 $ 1,560 $ 1,906 18 18 PT EBHC Hostess 1 5 F 42 $ 1,305 $ 1,587 7 19 PT EBHC Night Desk Clerk 3 1 B 42 $ 1,371, $ 1,669 3 20 PT EBHC Maintenance 4 1 M 42 $ 1,513 $ 1,842 8 21 PT EBHC Setup Crew Chief 1 0 M 42 $ 1,513 $ 1,842 7 22 PT Community Center Supervisor 4 0 M 42 $ 1,716 $ 1,963 6 23 PT Records Clerk 0 1 F 42 $ 1,799 $ 2,189 5.5 PART F: Job Class Information City of Brooklyn Center Contact Person: Kelli Wick Report Date: January 7, 2000 (Name of Jurisdiction) 6301 Shingle Creek Parkway Phone: 612 - 569 -3300 (Address) Brooklyn Center, MN 55430 (City, State, Zip) A B C D E F G H I J Class Except. type Job Min. mo. Max. Mo. Yrs to # yrs service Class title # Male # Female M, F, B points salary ' Salary Max. service pay 24 PT Assistant Golf Manager 1 0 M 42 $ 1,731 $ 1,948 5 25 Customer Service Rep /Permit Tech 0 2 F 42 $ 2,399 $ 2,841 5.5 26 PT Secretary/Typist 0 4 F 43 $ 1,844 $ 2,244 5.5 27 Secretary/Typist 0 7 F 43 $ 2,399 $ 2,841 5.5 28 Night Service Person 1 0 M 45 $ 3,098 $ 3,264 14 29 PT Police Clerk/Typist 0 4 F 46 $ 2,035 $ 2,476 5.5 30 PT Head Preschool Teacher 0 1 F 48 $ 2,028 $ 2,686 5 31 PT Government Buildings Labor 2 0 M 49 $ 1,405 $ 1,710 5.5 32 Neighborhood Liaison 0 1 F 49 $ 2,450 $ 2,903 5.5 33 Seasonal Streets /Parks /Utilities 16 0 M 49 $ 1,405 $ 1,710 5.5 34 PT Golf Maintenance It 3 0 M 49 $ 1,026 $ 1,303 5 35 PT Golf Ranger 6 0 M 49 $ 1,026 $ 1,149 5 ' 36 Property Room Supervisor 1 0 M 49 $ 2,450 $ 2,903 5.5 37 Police Classification Technician 0 1 F 49 $ 2,611 $ 3,098 5.5 38 Engineering /Assessing /Utilities 1 0 3 F 49 $ 2,450 $ 2,903 5.5 39 Police Adm. Aide 0 1 F 49 $ 2,611 $ 3,098 5.5 40 Mechanic 3 0 M 51 $ 3,438 $ 3,438 20 41 PT Asst. Aquatic Supervisor 1 2 B 52 $ 1,542 $ 1,698 7 42 Engineering Tech II 1 0 M 52 $ 2,611 $ 3,098 5.5 43 Recreation Secretary 0 1 F 52 $ 2,611 $ 3,098 5.5 44 Building Inspector Intern 1 0 M 52 $ 2,080 $ 2,340 1 45 PT Lifeguard 17 31 B 52 $ 1,248 $ 1,386 7 46 Maintenance 11 24 0 M 52 $ 2,495 $ 3,313 3.5 PART F: Job Class Information City of Brooklyn Center Contact Person: Kelli Wick Report Date: January 7, 2000 (Name of Jurisdiction) 6301 Shingle Creek Parkway Phone: 612 - 569 -3300 (Address) Brooklyn Center, MN 55430 (City, State, Zip) A B C D E F G H I J Class Except. type Job Min. mo. Max. Mo. Yrs to # yrs service Class title # Male # Female M, F, B points salary Salary max. service pay 47 Accounting /Utility Tech 0 2 F 52 $ 2,611 $ 3,098 5.5 48 EBHC Maintenance Custodian 1 0 M 52 $ 2,611 $ 3,098 5.5 49 PT Golf Maintenance 1 4 0 M 53 $ 1,445 $ 1,691 5 50 Administrative Specialist 0 1 F 55 $ 2,783 $ 3,308 5.5 51 Adm. Tech /Deputy City Clerk 0 1 F 55 $ 2,783 -$ 3,308 5.5 52 Public Safety Dispatch 0 5 F 55 $ 2,783 $ 3,308 5.5 53 Public Works Adm. Tech 0 1 F 57 $ 2,479 $ 3,381 5.5 54 Detective 6 1 M 58 $ 4,483 $ 4,483 24 longevity 55 Maintenance Custodian 2 0 M 58 $ 3,034 $ 3,614 5.5 56 Payroll /Personnel Tech 0 1 F 58 $ 3,034 $ 3,614 5.5 57 Police Officer 23 5 M 58 $ 3,204 $ 4,308 3 longevity 58 Aquatics Supervisor 0 1 F 59 $ 2,858 $ 3,399 5.5 ' 59 Golf Supervisor 1 0 M 59 $ '2,858 $ 3,399 5.5 60 Liquor Store Manager 1 1 B 59 $ 3,403 $ 4,062 5.5 61 Engineer Tech III 3 0 M 63 $ 3,240 $ 3,863 5.5 62 Central Garage Tech 0 1 F 63 $ 3,240 $ 3,863 5.5 63 EBHC Salesperson 1 2 B 63 $ 3,117 $ 3,714 5.5 64 Housing Inspector 1 0 M 63 $ 3,461 $ 4,132 5.5 65 Appraiser Technician 0 1 F 63 $ 3,101 $ 3,695 5.5 66 Sergeant 5 0 M 65 $ 5,200 $ 5,200 20 67 Maintenance Supervisor 1 0 M 69 $ 3,403 $ 4,062 5.5 68 Police Adm. Manager 0 1 F 70 $ 3,760 $ 4,489 5.5 69 EBHC Sales Director 0 1 F 71 $ 3,557 $ 4,249 5.5 PART F: Job Class Information City of Brooklyn Center Contact Person: Keili Wick Report Date: January 7, 2000 (Name of Jurisdiction) 6301 Shingle Creek Parkway Phone: 612 - 569 -3300 (Address) Brooklyn Center, MN 55430 (City, State, Zip) A B C D E F G H I J Class Except. type Job Min. mo. Max. Mo. Yrs to # yrs service Class title # Male # Female M, F, B points salary Salary max. service pay 70 EBHC Innkeeper 1 0 M 71 $ 3,557 $ 4,249 5.5 71 Building Inspector 1 0 M 73 $ 3,538 $ 4,226 5.5 72 Recreation Program Supervisor 1 2 B 73 $ 3,718 $ 4,446 5.5 73 EBHC Maintenance Supervisor 1 0 M 74 $ 3,718 $ 4,446 5.5 74 City Clerk 0 1 F 75 $ 3,809 $ 4,556 5.5 75 Human Resources Assistant 0 1 F 75 $ 3,809 $ 4,556 5.5 76 Com. Dev. Specialist 1 0 M 75 $ 4,159 $ 4,982 5.5 77 Appraiser II 0 1 F 75 $ 3,782 $ 4,523 5.5 78 Supv. Public Utilities 1 0 M 76 $ 3,867 $ 4,627 5.5 79 Supv. Streets /Parks 1 0 M 76 $ 4,045 $ 4,843 5.5 80 Staff Accountant 0 1 F 78 $ 3,557 $ 4,249 545 81 Building Official 1 0 M 78 $ 4,159 $ 4,982 5.5 ' 82 Liquor Operations Manager 1 0 M 79 $ 4,597 $ 5,508 5.5 83 Plan & Zone Specialist 1 0 M 80 $ .4,159 $ 4,982 5.5 84 Public Works Specialist 1 0 M 80 $ 3,888 $ 4,653 5.5 85 Eng. Tech. IV 1 0 M 81 $ 4,045 $ 4,843 5.5 86 MIS/Tech. Coordinator 0 1 F 82 $ 4,553 $ 5,462 5.5 87 EBHC Manager 0 1 F 82 $ 4,297 $ 5,142 5.5 88 Supt. of Public Works 1 0 M 84 $ 4,765 $ 5,720 5.5 89 City Engineer 1 0 M 85 $ 5,267 $ 6,323 5.5 90 Captain 2 0 M 85 $ 4,920 $ 5,900 5.5 91 Assistant City Manager /HR Director 0 1 F 85 $ 4,885 $ 5,865 2 92 CARS Director 1 0 M 86 $ 5,148 $ 6,264 2 PART F: Job Class Information City of Brooklyn Center Contact Person: Kelli Wick Report Date: January 7, 2000 (Name of Jurisdiction) 6301 Shingle Creek Parkway Phone: 612 - 569 -3300 (Address) Brooklyn Center, MN 55430 (City, State, Zip) A B C D E F G H I J Class Except. typo Job Min. mo. Max. Mo. Yrs to # yrs service Class title # Male # Female M, F, B points salary Salary max. service pay 93 Assessor 1 0 -M 86 $ 5,032 $ 6,037 5.5 94 Fire Chief 1 0 M 88 $ 4,868 $ 5,918 11 95 Assistant Finance Director 1 0 M 89 $ 4,809 $ 5,766 5.5 96 Comm. Dev. Director 1 0 M 91 $ 5,207 $ 6,336 6 97 Police Chief 1 0 M 93 $ 5,526 $ 6,731 2 98 Public Works Director 0 1 F 98 $ 6,060 $ 7,390 5 99 Finance Director 1 0 M 99 $ 5,663 $ 6,899 6 100 City Manager 1 0 M 114 $ 6,554 $ 8,057 4 I 1 /10 /00 Data Entry Listing Page 1 Male Female Work Min Mo. Max Mo. Years Nbr Yrs Exceptional Job Nbr Class Title Employees Employees Points Salary Salary to Max Service Service Pay -------- ------- ---------- ----- ---- ---- --- - - - - -- --- -- - --- -- - - -- ---- --- --- - -- --- - -- ---- -------------------- 1 PT Community Center Aide 6 4 33 953.00 1,144.00 5.00 2 PT Baby Sitting 0 2 33 953.00 1,144.00 5.00 3 PT PD Cadet 1 0 33 1,433.00 1,433.00 1.00 4 PT EBHC Housekeeper 0 7 33 1,305.00 1,587.00 1.00 5 PT EBHC Custodian 1 1 33 1,305.00 1,587.00 4.00 6 PT Asst. Preschool Teacher 0 1 33 1,187.00 1,473.00 5.00 7 PT.COmm Ctr Setup 2 0 33 1,326.00 1,586.00 5.00 8 Custodian 4 1 33 2,077.00 2,448.00 5.50 9 PT EBHC Setup Crew 19 0 33 1,305.00 1,587.00 4.00 10 Community Service Officer 1 0 33 1,878.00 2,206.00 5.50 11 PT Comm Service Officer 2 0 33 1,513.00 1,842.00 5.50 12 PT Golf Club House II 3 1 37 1,142.00 1,379.00 5.00 13 PT Liquor Clerk /Stock /Cashier 16 17 37 1,213.00 1,620.00 15.00 14 FT EBHC Crew Chief 1 0 42 2,163.00 2,553.00 5.50 15 PT EBHC Clerk /Typist 0 1 42 1,629.00 1,983.00 3.00 16 PT Golf Club House I 1 0 42 1,383.00 1,627.00 5.00 17 PT Liquor Cashier /Office Asst 0 1 42 1,560.00 1,906.00 18.00 18 PT EBHC Hostess 1 5 42 1,305.00 1,587.00 7.00 19 PT EBHC Night Desk Clerk 3 1 42 1,371.00 1,669.00 3.00 20 PT EBHC Maintenance 4 1 42 1,513.00 1,842.00 8.00 21 PT EBHC Setup Crew Chief 1 0 42 1,513.00 1,842.00 7.00 • 22 PT Comm Center Supv 4 0 42 1,716.00 1,963.00 6.00 23 PT Records Clerk 0 1 42 1,799.00 2,189.00 5.50 24 PT Asst Golf Manager 1 0 42 1,731.00 1,948.00 5.00 25 Cust Sery Rep /Permit Tech 0 2 42 2,399.00 2,841.00 5.50 26 PT Secretary /Typist 0 4 43 1,844.00 2,244.00 5.50 27 Secretary /Typist 0 7 43 2,399.00 2,841.00 5150 28 Night Sery Person 1 0 45 3,098.00 3,264.00 14.00 29 PT Police Clerk /Typist 0 4 46 2,035.00 2,476.00 5.50 30 PT Head Preschool Teacher 0 1 48 2,028.00 2,686.00 5.00 31 PT Gvt Bldgs Labor 2 0 49 1,405.00 1,710.00 5.50 32 Neighborhood Liaison 0 1 49 2,450.00 2,903.00 5.50 33 Seasonal Streets /Parks /Utils 16 0 49 1,405.00 1,710.00 5.50 34 PT Golf Maintenance II 3 0 49 1,026.00 1,303.00 5.00 35 PT Golf Ranger 6 0 49 1,026.00 1;149.00 5.00 36 Property Room Supv 1 0 49 2,450.00 2,903.00 5.50 37 Police Classification Tech 0 1 49 2,611.00 3,098.00 5.50 38 Eng /Assessing /Util I 0 3 49 2,450.00 2,903.00 5.50 39 Police Adm Aide 0 1 49 2,611.00 3,098.00 5.50 40 Mechanic 3 0 51 3,438.00 3,438.00 20.00 41 PT Asst Aquatics Supv 1 2 52 1,542.00 1,698.00 7.00 42 Eng Tech II 1 0 52 2,611.00 3,098.00 5.50 43 Recreation Secretary 0 1' 52 2 3,098.00 5.50 44 Building Inspector Intern 1, 0 52 2,080.00 2,340.00 1.00 45 PT Lifeguard 17 31 52 1,248.00 1,386.00 7.00 46 Maintenance II 24 0 52 2,495.00 3,313.00 3.50 47 Acct /Utility Tech 0 2 52 2,611.00 3,098.00 5.50 • 48 EBHC Maintenance Cust 1 0 52 2,611.00 3,098.00 5.50 49 PT Golf Maintenance I 4 0 53 1,445.00 1,691.00 5.00 50 Admin Specialist 0 1 55 2,783.00 3,308.00 5.50 51 Admin Tech /Dep City Clerk 0 1 55 2,783.00 3,308.00 5.50 Version 3.0 (1993) 1/10/00 Data Entry Listing _ Page 2 06 Male Female work Min No. Max Mo. Years Nbr Yrs Exceptional r Class Title Employees Employees Points Salary Salary to Max Service Service Pay -- ----- - --- ------ --- --- ---- -- -------- ---- --- -- - -- ---- -- ---- -- ----- ---- -- -- ----- ---- -- ------- -------------------- 52 Public Safety Dispatch 0 5 55 2,783.00 3,308.00 5.50 53 PW Admin Tech' 0 1 57 2,479.00 3,381.00 5.50 54 Detective 6 1 58 4,483.00 4,483.00 24.00 longevity 55 Maintenance Custodian 2 0 58 3,034.00 3,614.00 5.50 56 Payroll /Personnel Tech 0 1 58 3,034.00 3,614.00 5.50 57 Police Officer 23 5 58 3,204.00 4,308.00 3.00 Longevity 58 Aquatics Supv 0 1 59 2,858.00 3,399.00 5.50 59 Golf Supv 1 0 59 2,858.00 3,399.00 5.50 60 Liquor Store Manager 1 1 59 3,403.00 4,062.00 5.50 61 Engineer Tech III 3 0 63 3,240.00 3,863.00 5.50 62 Central Garage Tech 0 1 63 3,240.00 3,863.00 5.50 63 EBHC Salesperson 1 2 63 3,117.00 3,714.00 5.50 64 Housing Inspector 1 0 63 3,461.00 4,132.00 5.50 65 Appraiser Technician 0 1 63 3,101.00 3,695.00 5.50 66 Sergeant 5 0 65 5,200.00 5,200.00 20.00 67 Maintenance Supv 1 0 69 3,403.00 4,062.00 5.50 - 68 Police Adm Manager 0 1 70 3,760.00 4,489.00 5.50 69 EBHC Sales Director 0 1 71 3,557.00 4,249.00 5.50 70 EBHC Innkeeper 1 0 71 3,557.00 4,249.00 5.50 71 Building Inspector 1 0 73 3,538.00 4,226.00 5.50 72 Recreation Program Supv 1 2 73 3,718.00 4,446.00 5.50 73 EBHC Maint Supv 1 0 74 3,718.00 4,446.00 5.50 . 74 City Clerk 0 1 75 3,809.00 4,556.00 5.50 75 Human Resources Asst 0 1 75 3,809.00 4,556.00 5.50 76 Comm Dev Specialist 1 0 75 4,159.00, 4,982.00 5.50 77 Appraiser II 0 1 75 3,782.00 4,523.00 5.50 78 Supv Public Utilities 1 0 76 3,867.00 4,627.00 5.50 79 Supv Streets /Parks 1 0 76 4,045.00 4,843.00 5.50 80 Staff Accountant 0 1 78 3,557.00 4,249.00 5.50 81 Bldg Official 1 0 78 4,159.00 4,982.00 5.50 82 Liquor Operations Mgr 1 0 79 4,597.00 5,508.00 5.50 83 Plan & Zone Specialist 1 0 80 4,159.00 4,982.00 5.50 84 Public Works Specialist 1 0 80 3,888.00 4,653.00 5.50 85 Engineer Tech IV 1 0 81 4,045.00 4,843.00 5.50 86 MIS /Tech Coord 0 1 82 4,553.00 5,462.00 5.50 87 EBHC Manager 0 1 82 4,297.00 5,142.00 5.50 88 Supt Public Works 1 0 84 4,765.00 5,720.00 5.50 89 City Engineer 1 0 85 5,267.00 6,323.00 5.50 90 Captain 2 0 85 4,920.00 5,900.00 5.50 91 Asst City Mgr /HR Dir 0 1 85 4,885.00 5,865.00 2.00 92 CARS Director 1 0 86 5,148.00 6,264.00 2.00 93 Assessor 1 0 86 5,032.00 6,037.00 5.50 94 Fire Chief 1 0 88 4,868.00 5,918.00 11.00 95 Asst Finance Director 1 0 89 4,809.00 5,766.00 5.50 96 Comm Develop Director 1 0 91 5,207.00 6,336.00 6.00 97 Police Chief 1 0 93 5,526.00 6,731.00 2.00 98 Public Works Director 0 1 98 6,060.00 7,390.00 5.00 99 Finance Director 1 0 99 5,663.00 6,899.00 6.00 •100 City Manager 1 0 114 6,554.00 8,057.00 4.00 Version 3.0 (1993) 1 /10 /00 Job List Page 1 • Job Male Female Total Work Max Mo. Predicted Pay Number Class Title Empl Empl Empl Sex Points Salary Pay Difference --- --- --- -- -- --- --- -------- ------- -- ------ - ----- -- ---- ---- -- - - -- --- -- ---- --- ----- -- -- - -- --- 1 PT Community Center Aide 6 4 10 B 33 •1,144.00 1811.56 - 667.56 2 PT Baby Sitting 0 2 2 F 33 1,144.00 1811.56 - 667.56 3 PT PD Cadet 1 0 1 M 33 1,433.00 1811.56 - 378.56 4 PT EBHC Housekeeper 0 7 7 F 33 1,587.00 1811.56 - 224.56 5 PT EBHC Custodian 1 1 2 B 33 1,587.00 1811.56 - 224.56 6 PT Asst. Preschool Teacher 0 1 1 F 33 1,473.00 1811.56 - 338,56 7 PT Comm Ctr Setup 2 0 2 M 33 1,586.00 1811.56 - 225.56 8 Custodian 4 1 5 M 33 2,448.00 1811.56 636.44 9 PT EBHC Setup Crew 19 0 19 M 33 1,587.00 1811.56 - 224.56 10 Community Service Officer 1 0 1 M 33 2,206.00 1811.56 394.44 11 Pt Comm Service Officer 2 0 2 M 33 1,842.00 1811.56 30.44 12 PT Golf Club House II 3 1 4 B 37,/ 1,379.00 1778.56 - 399.56 13 PT Liquor Clerk /Stock /Cashier 16 17 33 B 37 1,620.00 1778.56 - 158.56 14 FT EBHC Crew Chief 1 0 1 M 42 2,553.00 1988.75 564.25 15 PT EBHC Clerk /Typist 0 1 1 F 42 1,983.00 1988.75 -5.75 16 PT Golf Club House I 1 0 1 M 42 1,627.00 1988.75 - 361.75 17 PT Liquor Cashier /Office Asst 0 1 1 F 42 1,906.00 1988.75 -82.75 18 PT EBHC Hostess 1 5 6 F 42 1,587.00 1988.75 - 401.75 19 PT EBHC Night Desk Clerk 3 1 4 B 42 1,669.00 1988.75 - 319.75 20 PT EBHC Maintenance 4 1 5 M 42 1,842.00 1988.75 - 146.75 21 PT EBHC Setup Crew Chief 1 0 1 M 42 1,842.00 1988.75 - 146.75 22 PT Comm Center Supv 4 0 4 M 42 1,963.00 1988.75 -25.75 23 PT Records Clerk 0 1 1 F 42 2,189.00 1988.75 200.25 24 PT Asst Golf Manager 1 0 1 M 42 1,948.00 1988.75 -40.75 25 Cust Sery Rep /Permit Tech 0 2 2 F 42 2,841.00 1988.75 852.25 26 PT Secretary /Typist 0 4 4 F 43 2,244.00 1873.75 370.25 27 Secretary /Typist 0 7 7 F 43 2,841.00 1873.75 967.25 28 Night Sery Person 1 0 1 M 45 3,264.00 1897.47 1366.53 29 PT Clerk /Typist PD 0 4 4 F 46 2,476.00 2005.47 470.53 30 PT Head Tchr- Preschool 0 1 1 F 48 2,686.00 2221.46 464.54 31 PT Gvt Bldgs Labor 2 0 2 M 49 1,710.00 2329.45 - 619.45 32 Neighborhood Liaison 0 1 1 F 49 2,903.00 2329.45 573.55 33 Seasonal Streets /Parks /Utils 16 0 16 M 49 1,710.00 2329,45 - 619.45 34 Pt Golf Maintenane II 3 0 3 M 49 1,303.00 2329.45 - 1026.45 35 Pt Golf Ranger 6 0 6 M 49 1,149.00 2329.45 - 1180.45 36 Property Room Supv 1 0 1 M 49 2,903.00 2329.45 573.55 37 Pol Class Technician 0 1 1 F 49 3,098.00 2329.45 768.55 38 Eng /Assessing /Util I 0 3 3 F 49 2,903.00 2329.45 573.55_ 39 PD Admin Aide 0 1 1 F 49 3,098.00 2329.45 768.55 40 Mechanic 3 0 3 M 51 3,438.00 2512.90 925.10 41 Asst Aquatic Supv 1 2 3 B 52 1,698.00 2770.17 - 1072.17 42 Eng Tech II 1 0 1 M 52 3,098.00 2770.17 327.83 43 Recreation Secretary 0 1 1 F 52 3,098.00 2770.17 327.83 44 Building Inspector Intern 1 0 1 M 52 2,340.00 2770.17 - 430.17 45 PT Lifeguard 17 31 48- B 52 1,386.00 2770.17 - 1384.17 46 Maintenance II 24 0 24 M 52 3,313.00 2770.17 542.83 47 Acct /Utility Tech 0 2 2 F 52 3,098.00 2770.17 327.83 48 EBHC Maintenance Cust 1 0 1 M 52 3,098.00 2770.17 327.83 49 Pt Golf Maintenance I 4 0 4 M 53 1,691.00 3027,44 - 1336.44 50 Admin Specialist 0 1 1 F 55 3,308.00 3428,62 - 120.62 51 Admin Tech /Dep City Clerk 0 1 1 F 55 3,308.00 3428.62 - 120.62 Version 3.0 (1993) 1/10/00 Job List _ Page 2 Job Male Female Total Work Max Mo. Predicted Pay umber Class Title Empl Empl Empl Sex Points Salary Pay Difference ---- -- ----- ----- -------- -------- - - -- ------ --- --- -- - --- ---- ------ --- - - -- -- 52 Dispatch 0 5 5 F 55 3,308.00 3428.62 - 120.62 53 PW Admin Tech 0 1 1 F 57 3,381.00 3835.89 - 454.89 54 Detective 6 1 7 M 58 4,483.00 4088.06 394.94 55 Maintenance Custodian 2 0 2 M 58 3,614.00 4088.06 - 474.06 56 Payroll /Personnel Tech 0 1 1 F 58 3,614.00 4088.06 - 474.06 57 Police Officer 23 5 28 M 58 4,308.00 4088.06 219.94 58 Aquatics Supv 0 1 1 F 59 3,399.00 4235.50 - 836.50 59 Golf Supv 1 0 1 M 59 3,399.00 4235.50 - 836.50 60 Liquor Store Manager 1 1 2 B 59 4,062.00 4235.50 - 173.50 61 Engineer Tech I1I 3 0 3 M 63 3,863.00 4399.79 - 536.79 62 Central Garage Tech 0 1 1 F 63 3,863.00 4399.79 - 536.79 63 EBHC Salesperson 1 2 3 B 63 3,714.00 4399.79 - 685.79 64 Housing Inspector 1 0 1 M 63 4,132.00 4399.79 - 267.79 65 Appraiser Technician 0 1 1 F 63 3,695.00 4399.79 - 704.79 66 Sergeant 5 0 5 M 65 5,200.00 4477.65 722.35 67 Maintenance Supv 1 0 1 M 69 4,062.00 4603.12 - 541.12 68 PD Admin Manager 0 1 1 F 70 4,489.00 4618.61 - 129.61 69 EBHC Sales Director 0 1 1 F 71 4,249.00 4697.15 - 448.15 70 EBHC Innkeeper 1 0 1 M 71 4,249.00 4697.15 - 448.15 71 Building Inspector 1 0 1 M 73 4,226.00 4844.67 - 618.67 72 Program Supv Rec 1 2 3 B 73 4,446.00 4844.67 - 398.67 73 EBHC Maint Supv 1 0 1 M 74 4,446.00 4535.53 -89.53 • 74 City Clerk 0 1 1 F 75 4,556.00 4617.93 -61.93 75 Human Resources Asst 0 1 1 F 75 4,556.00 4617.93 - 61.93 76 Comm Dev Specialist 1 0 1 M 75 4,982.00 4617.93 364.07 77 Appraiser II 0 1 1 F 75 4,523.00 4617.93 -94.93 78 Supv Public Utilities 1 0 1 M 76 4,627.00 4720.55 -93.55 79 Supv Streets /Parke 1 0 1 M 76 4,843.00 4720.55 122.45 80 Staff Accountant 0 1 1 F 78 4,249.00 4991.37 - 742.37 81 Bldg Official 1 0 1 M 78 4,982.00 4991.37 -9.37 82 Liquor Operations Mgr 1 0 1 M 79 5,508.00 5121.24 386.76 83 Plan & Zone Specialist 1 0 1 M 80 4,982.00 5220.91 - 238.91 84 Public Works Specialist 1 0 1 M 80 4,653.00 5220.91 - 567.91 85 Engineer Tech IV 1 0 1 M 81 4,843.00 5315.82 - 472.82 86 MIS /Tech Coord 0 1 1 F 82 .5,462.00 5439.78 22.22 87 EBHC Manager 0 1 1 F 82 5,142.00 5439.78 - 297.78 88 Supt Public Works 1 0 1 M 84 5,720.00 5645.21 74.79 89 City Engineer 1 0 1 M 85 6,323.00 5763.18 559.82 90 Captain 2 0 2 M 85 5,900.00 5763.18 136.82 91 Asst City Mgr /HR Dir 0 1 1 F 85 5,865.00 5763.18 101.82 92 CARS Director 1 0 1 M 86 6,264.00 5880.11 383.89 93 Assessor 1 0 1 M 86 6,037.00 5880.11 156.89 94 Fire Chief 1 0 1 M 88 5,918.00 6117.60 - 199.60 95 Asst Finance Director 1 0 1 M 89 5,766.00 6150.37 - 384.37 96 Comm Develop Director 1 0 1 M 91 6,336.00 6353.95 -17.95 97 Police Chief 1 0 1 M 93 6,731.00 6530.00 201.00 98 Public Works Director 0 1 1 F 98 7,390.00 6867.95 522.05 99 Finance Director 1 0 1 M 99 6,899.00 6940.11 -41.11 100 City Manager 1 0 1 M 114 8,057.00 8022.19 34.81 Version 3.0 (1993) City of Brooklyn Center -1999 9,000 8,000 7,000 ■ 6,000 ■` ■ ■ 5,000 IL ♦ • 4,000 ■ ■ ■ ♦ ■ ♦ 3,000 ♦ ♦♦ ■ A ■ ♦♦ ' 2,000 � 1,000 0 20 30 40 50 60 70 80 90 100 110 120 Points Pred Pay ■ MJ Pay ♦ FJ Pay • BJ Pay I • City Council Agenda Item No. 10b MEMORANDUM • DATE: January 20, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Amending the 2000 General Fund Budget to Provide for the Rehabilitation of Alleys and the Retrofit and Replacement of Bleachers, and Authorizing Advertisement for Bids for Improvement Project No. 2000 -10, Bleacher Retrofit The 2000 General Fund budget includes $90,000 in the Street Maintenance Division for the annual street sealcoating contract. As has previously been reported to the Council, in 1999 and 2000, we recommend that no sealcoating project be undertaken, but that the program be reinitiated in 2001. In 1999, funds budgeted for sealcoating were used for miscellaneous paving projects which would have come before the Council in the General Fund budget in subsequent years, with the • unused balance transferred to the Special Assessment Construction Fund to help finance street reconstruction projects. In 2000, we recommend that the funds be used to 1) rehabilitate the four alleys in the southeast neighborhood which remain unreconstructed (estimated cost = $28,900); and 2) retrofit or replace as necessary bleachers in parks so we are in compliance with the new state regulations by the end of 2000 (estimated cost = $55,400). This item amends the 2000 budget to redirect the use of the sealcoating funds to these two uses, and authorizes the advertisement for bids for the retrofit of the large bleachers in Central and Evergreen Parks. If authorized, the alley rehabilitation will be added to the Garden City Central project bid package (on a separate pay schedule), which should result in a better price than if it was separately bid: • • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AMENDING THE 2000 GENERAL FUND BUDGET TO PROVIDE FOR THE REHABILITATION OF ALLEYS AND THE RETROFIT AND REPLACEMENT OF BLEACHERS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 2000-10, BLEACHER RETROFIT WHEREAS, the 2000 General Fund budget includes $90,000 in the Street Maintenance Division to provide for the annual sealcoating of streets; and WHEREAS, the City Engineer has advised the City Council that according to the Pavement Management Program no sealcoating project in 2000 is required; and WHEREAS, the City Council desires to accomplish alternate improvements with these funds; and WHEREAS, Legislation enacted in 1999 amends the State Building Code to provide • that certain safety changes be made in 2000 to all bleacher seating meeting certain characteristics, necessitating the retrofit or replacement of all bleacher units in Brooklyn Center parks at an estimated total cost of $55,400; and WHEREAS, the City Engineer has advised the City Council that four alleys in the Southeast Neighborhood remain to be rehabilitated, and should be improved in 2000, at an estimated total cost of $28,900. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: - 1. The 2000 General Fund Budget, Street Maintenance Division is hereby amended to authorize the use of funds budgeted for the annual street sealcoating project to make required safety changes to bleacher seating in city parks, and to rehabilitate four alleys in the Southeast Neighborhood. 2. The plans for Improvement Project No. 2000 -10, Bleacher Retrofit, are hereby approved and ordered filed with the City Clerk. • Resolution No. • 3. The City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Brooklyn Center for 5 percent of the amount of such bid. 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 Center 2000 Alley Reconstruction � � Q 54 .......... ... ..... .... ... ................ . ....... . ................. . . . ........ . ........ . ......... . ...... .............. .......... . .. .. ....... - . ...... .. > . ......... . . ... ..... ............ ........ . . .. .. .. ... ..... . .. .... ... ... . . .... .. ... . . ... ... . . ........ .. ............. . ............... ... . . .. ... ........... .... ..... ..... 200 0 200 400 600 Feet W'qmZjTjr E S MEMORANDUM DATE: December 8, 1999 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Report on Park Bleacher Retrofit and Replacement As you know, the 1999 Bleacher Safety Act enacted a uniform standard for bleachers intended to improve safety. These requirements were enacted retroactively; in other words, whereas prior to this legislation bleachers were required to meet the Building Code in effect at the time of installation, now all bleachers are required to meet the new standards and there is no grandfathering. None of the City's 41 bleacher units meet the new standards, including units purchased at the beginning of 1999, prior to consideration of the new standard. Park Maintenance staff have reviewed the alternatives available, and have obtained pricing information from various vendors for retrofitting. They have come up with a reasonable plan, . which is detailed in the attached memo from Streets and Parks Supervisor John Harlow. In general, we recommend the following course of action: ► Convert nine existin g aluminum n five -row bleachers acher into 15 three -row bleachers which are exempt from the standards as they are less than 30" high. In the past few years we have been purchasing 2 -3 of these five -row bleacher units per year to systematically replace the old wooden bleachers. There would be a small additional cost for some parts, and work would be completed by Public Works crews. ► Scra p g 22 sets of the remaining w bleachers and purchase 17 new aluminum three -row wood b Bache p bleachers. ► Retrofit the six ten -row bleachers at Central Park and the four ten -row bleachers at Evergreen Park. This work would be completed by a qualified bleacher manufacturer. The estimated cost of this plan is about $55,400. All bleachers are required to be in compliance by January 1, 2001. A less - costly method of achieving compliance would be to convert the bleachers in the high -use parks, and remove and not replace some or all of the remainder. We have reviewed the parks to see if there are some fields where removal of the seating would not be a hardship. There are a few fields, but for the most part, the seating is used and appreciated. We believe that it is in the City's best interest to simply complete the work all at once, and come into compliance in all our locations. We recommend that all this work be accomplished in 2000. • • There are two sources of funding which could be considered to finance this improvement. The first is the Capital Improvements Fund, which finances major park improvements. The second is the General Fund, which has been financing the systematic replacement of bleachers. As in 1999, in 2000 Public Works will not be recommending a sealcoating project. However, the General Fund continues to budget $90,000 annually for sealcoating, as the, sealcoating program will begin anew in 2001. We had intended to bring forward for Council consideration the use of some of these funds to mill and overlay the four remaining alleys in the southeast neighborhood which have not been completed though street projects. Our rough estimate of the cost of that is $25,000- 30,000, which certainly leaves $55,000 available for bleacher replacement and retrofit. I would recommend that the available General Fund monies in the sealcoating program be used instead of Capital Improvement Fund monies. This can be seen as an acceleration of what was already a recurring General Fund expenditure for the systematic replacement of bleachers. If this is acceptable, we will prepare a more accurate cost estimate of the alley overlays, and bring to the City Council in early 2000 a resolution amending the 2000 budget to use the 2000 sealcoating funds to finance alley overlays and bleacher replacement and retrofit. I • • 1 N T E R MEM--0 O F F I C E To: Diane Spector - Director of Public Works From: John Harlow - Supervisor of Streets and Parks Subject: Park Bleacher Retrofitting Costs Date: December 7, 1999 The Bleacher Safety Act was passed by the 1999 Minnesota legislature to address public concerns after three serious accidents where children fell from bleachers and were injured. The act provides a uniform standard for bleacher safety that applies to bleachers owned by cities, counties, schools and private organizations. The Act applies to all bleachers; both indoor and outdoor, in the state over 30 inches high. Prior to this Act, the main safety requirements for bleachers were contained in the State Building Code. Bleachers also only had to meet the requirements of the code that were in effect when the bleachers were installed. Now all bleachers must meet the same requirements on the same time . line. The law requires all cities and other organizations owning bleachers to prepare a Certificate of Compliance signed by a qualified building official or a state licensed design professional by January 1, 2001. The certificate must state that the bleachers have been inspected and are in compliance with the Bleacher Safety Act and are structurally sound. The law also requires that bleacher footboards and quardrails be reinspected every 5 years and each bleacher system be reinspected for structural soundness every 10 years. A building official can do these inspections. Referring to my memo of 3/16/99 (see attachment), I mention several options that would enable the City to bring our bleacher inventory into compliance with the new law. Upon review of the law, and after further assessment of our bleacher inventory, I would make the following recommendations as to the disposition of our bleachers. These recommendations are based on cost effectiveness, reduced maintenance, long range compliance and useful value to the public. First, retrofit all 9 existing aluminum five row bleachers into three row units that are exempt from the new law. By retrofitting these 9 units, and with some additional parts, we would be able to use the remaining existing parts to make a total of 15 three row bleachers. This work could be accomplished by using Public Works staff. • Second, dismantle and scrap the remaining 22 sets of wood and steel bleachers now in use. These units are thirty years old and will be the most difficult and costly to retrofit. Also, these units require the most time and money to maintain on an annual basis. As they age, I expect these costs . Diane Spector - Director of Public Works Page 2 December 7, 1999 will constantly escalate. These bleachers could then be replaced with three row aluminum units that are exempt from the law and will be virtually maintenance free in the future. The dismantling of the old. units and assembly of the new units could be done by Public Works staff. Finally, the 10 existing ten row aluminum bleachers could be retrofitted to make them compliant with the new law. The bleachers are structurally sound, but need footboard, riser, railing and isle alterations. To insure the retrofitting is accomplished in the most efficient and professional manner, I would recommend e ommend this work be done by a qualified bleacher manufacturer. While this is an expensive endeavor; the investment gives us the opportunity to benefit in several ways. One, by providing safe compliant seating results now, and, secondly by providing reduced maintenance costs in future years; because of the overall upgrade of the bleacher inventory. Following are the quoted costs of the retrofit proposal previously described: • Retrofit 9 existing five row bleachers, with additional parts to total 15 three row bleacher units - $4,500.00. • • Purchase 17 new three row bleachers, to replace scraped wood and steel bleacher units - $15,300.00. • Retrofit 6 existing ten row bleachers at the Central Park ballfields - $21,595.00. • Retrofit 4 existing ten row bleachers at the Evergreen Park football/soccer field - $14,012.00. • TOTAL PROJECT COST: $55,407.00 City Council Agenda Item No. lOc • MEMORANDUM DATE: January 19, 2000 TO: Michael J. McCauley, City Manager FROM: Michael Krech, Public Works Specialist 10 SUBJECT: Resolution Authorizing Execution of an Agreement with Metricom Inc. to Allow Siting of Wireless Telecommunications Devices in City Right of Way Metricom, Inc. has submitted an application to the City to install, maintain and operate a digital wireless data network on street lights throughout the city. The transmitters, which are about the size of a shoe box, will be installed on the mast arms of street light poles and will utilize power from the street light. Metricom has submitted a preliminary plan to install approximately 75 radios evenly distributed throughout the city. The plan will be reviewed with City staff. Metricom will install the radios once final locations are approved. The average installation time for these radios is from 10 - 20 minutes. Installation of all radios within Brooklyn Center will occur within a short amount of time with no permanent impact on the right of way. • The City will receive rent compensation for each radio located on a city owned light, although it is expected that most poles used will be owned by USWest or NSP. Metricom will make arrangements with the owners of other poles used prior to the installation. As compensation for the Cit man costs Metrico pr oposes a the C one p ercent of its Adjusted ty g m oses to y ty p � P p p Gross Revenues collected from subscribers in Brooklyn Center. The lease agreement makes provision for up to 10 no cost wireless connections for City use provided the City purchases the $350 special modems that the system requires. City staff and the City Attorney are in the process of reviewing a site lease agreement proposed by Metricom, Inc. This lease agreement has approval from the League of Minnesota Cities and the Suburban Rate Authority. City staff will review of Metricom's construction plans and approve the final locations of the radio transmitters. I recommend the City of Brooklyn Center authorize execution of a Site Lease agreement with Metricom for the purpose of installing, operating and maintaining a digital wireless data communication network, subject to final approval of the site lease agreement by the City Attorney. • Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH METRICOM INC. TO ALLOW SITING OF WIRELESS TELECOMMUNICATIONS DEVICES IN CITY RIGHT OF WAY WHEREAS, Metricom, Inc., a Delaware corporation, has submitted to the City a request to lease space within the City Right of Way for the purpose of building and operating a digital wireless data network; and WHEREAS, as compensation for the use of City facilities, Metricom, Inc. agrees to pay an annual lease payment of $60.00 per each transmitter installation for the first year then increased each five year term by the greater of 5 percent or the CPI; and WHEREAS, Metricom, Inc., the City Attorney, and staff have negotiated a lease agreement which is consistent with the City's Policy Regarding Wireless Telecommunications Facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The lease agreement between Metricom, Inc. and the City of Brooklyn Center for the siting of digital wireless data communications facilities at various street light locations in the City is hereby approved, subject to final approval by the City Attorney. The Mayor and City Manager are hereby authorized to execute said lease agreement. 2. All lease payments collected from said lease shall be deposited into the General Fund. 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. 470 Pillsbury Center Kennedy 200 South Sixth Street '` Minneapolis MN 55402 ? '• (612) 337 -9300 telephone Graven (612) 337 -9310 fax H A R T E R E D http://www.kcnnedy-gmvcn.com kcnnedy- gmvcn.com CHARLES L. LEFEvERE Attomey at Law Dimct Dial (612) 337 -9215 EmWI: ckfevcTc@kmnedy- gmven.com January 13, 2000 Diane Spector Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Proposed Agreement with Metricom Dear Diane: • You have asked for - my comment on the proposed Right -of -Way Permit. and Facility Use Agreement proposed by Metricom, Inc. Section 1.8 of the Agreement defines "municipal facilities ". I understand that the city is concerned about the placement of antennas on facilities other than light poles and lighting fixtures because of the possible impact on operations and public safety. I believe that this concern could be addressed by adding the word "or" before the word "electroliers ", deleting the words "or other City -owned structures" and adding the following sentence at the end of Section 1.8: "City -owned structures other than light poles, lighting fixtures, and electroliers, may be included as municipal facilities if specifically authorized in writing by the City upon request from Metricom. Section 1.7 defines the public right -of -way. The City is concerned that the rights conferred under this Agreement not extend to City parks, public buildings, and the like. I believe that this concern would be addressed by deleting the words "and places" from the first sentence of the definition and placing the word "and" before the wards "bicycle lanes ". Under Section 2, the - initial term of the Agreement is nine years. As noted in your e-mail to me, the City's policy has been to lease water tower space to telecommunications providers for an initial lease term'of five years. To make this Agreement consistent with the past City policy on these matters, the initial nine -year term should be amended to five years. • Section 3.5 provides that radio locations are "subject to the reasonable prior review and approval J P Pp of the City ". I have no reason to believe that the City would be unreasonable in disapproving a proposed radio location. However, a disapproval by the City of a, radio in a specific location CLL- 174675vl BR291 -197' 1 Diane Spector January 13, 2000 Page 2 of 2 v i could be challenged as a breach of contract. The City's decision could be based on legitimate concerns about the safety, or effect on municipal communications or operations or on other users of the right -of -way. But the City may not be in a position to prove that radios in such locations would in fact have such an adverse impact. Therefore, the denial could be challenged as unreasonable. It would be preferable if the .contrast stated that the location could be approved by the City in its absolute and sole discretion. However, it seems to me that a fair compromise would be to delete the word "reasonable" in Section 3.5. Finally, the City is concerned about Section 6.2 under which the City is liable for damage to the radio caused by the City's negligence. Without more knowledge or information about the location of the antennas or what care must be exercised in order to prevent damage to them, the City is not in a position to determine whether it is willing to assume some standard of care to Prevent such damage. The City would prefer to have Metricom assume damage to its radios as a matter of business risk and take such steps as are necessary to prevent damage to them. It does not seem unreasonable to me that the City would be responsible for damages caused by the willful misconduct of its employees. Therefore, I would recommend that the words "negligence or" be deleted from Section 6.2. Please let me know if you have any further questions. Very truly yours, Charles L. LeFevere CLL jes BROOKLYN CENTER Right -of -Way Permit and Facility Use Agreement HIS RIGHT -O&WAY USE. AGREEMENT (this "Use Agreement`) is dated as of (the "Effective Date"), and entered into by and between Tthe CITY OF BROOKLYN CENTER, a Minnesota local government unit (the "City"),. and METRICOM, INC., a Delaware corporation ( "Metricom "). Recitals A. Metricom owns, maintains, and operates, in accordance with regulations promulgated by the Federal Communications Co a mobile digital data communications radio network known as Ricochet®, utilizing Radios (as defined in § 1.10 below) and related equipment certified by the Federal Communications Co B. For purpose of operating Ricochet®, Metricom wishes to locate, place, attach, instal}, operate, and maintain Radios in- the Public Right of Way (as defined in § 1.9 below) on facilities owned by the City, as well as on facilities owned by third parties therein. Agreement NOW, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the .parties agree to the following covenants, terms, and conditions: 1 DEF NMONS. The following definitions shall apply generally to the provisions of this Use Agreement: 1.1 Adjusted Gross Revenues. "Adjusted Gross Revenues" means the gross dollar amount received by Metdcom for its Services (as defined in § 1.11 below) provided to subscribers with billing addresses in the City, excluding (i) any utility users' tax, communications tax, or similar tax or fee; (ii)- local,_ state, or federal taxes - that have been billed to the subscribers and separately stated on subscribers' bills; and (iii) revenue uncollectible from subscribers (f e., bad debts) with billing addresses in the City that was previously included in Adjusted Gross Revenues. • Right -of -Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc. Page Iof 16 1.2 City. "City" means the City of BROOKLYN CENTER. • 1.3 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy of general application to entities doing business in the City lawfully imposed by any governmental body (but excluding any utility users' tax, franchise fees, communications tax, or similar tax or fee). 1.4 Installation Date. "Installation Date" shall mean the date that the first Radio is installed by Metricom pursuant to this Use Agreement 1.5 Laws. "Laws' means any and all statutes, constitutions, ordinances, resolutions,_ regulations, judicial decisions,- rules, tariffs, administrative orders, certificates, orders, or other requirements of the City or other governmental agency having joint or several jurisdiction over the parties to this Use Agreement 1 C Meh cote_ "Metricom" means Metricom, Inc., a corporation duly organized and existing under the laws of the State of Delaware, and its lawful ° successors, assigns, and transferees. 1.7 MPIFC. ' MF= means the Minnesota Public Utility Co 1.8 Municipal Facilities. "Municipal Facilities" means City -owned street • light_ poles, lighting fixtures,. electrohers,- or other City -owned structures located within the Public Right of Way and may refer to such facilities in the singular or plural, as appropriate to the context in which used. 1.9 Public Right of Way. "Public Right of Way" means the space in, upon, above, along, across, and over the public streets, roads, highways, lanes, cartways, courts, ways, alleys, boulevards, sidewalks, bicycle lanes, and places, inclu&m g all' public utility easements and public service easements as the same now or may hereafter exist, that are under the jurisdiction of the City. This term shall not include county, state, or federal rights of way or any property by any person or entity other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any such person or entity. If the City adjusts its boundaries pursuant to Minn. Stag Chap. 414 through annexation, incorporation, combination, detachment; or other means, this Use Agreement shall be binding on the entire area within the City's boundaries after the adjustment- 1.1 Radio;; "Radio'' means- the radio equipment whether referred to singly or collectively, to be installed and operated by Metricom hereunder. Right- of-Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc. Page 2of 16 • 1.11 Services. "Services" means the mobile digital communications services provided through Ricochet® by Metricom, which services consist principally of wireless Internet . e-mail and local area network access and may include transmission of sound and video images; provided, however, that "Services" shall not be construed, interpreted or applied to authorize either real time telecommunications services (including telephone and voice) or video or cable television communications services except as may be considered standard t content 2 TEM. This Use Agreement shall be effective as of the Effective Date and shall extend for a term of nine (9) years commencing on the Installation Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this Use Agreement be xC4.%:"wrCa automuticaily for three: (3) successive terms of five (5) years each on the same terms and conditions as set forth herein, unless either party notifies the other of its intention not to renew not less than one hundred eighty (1801 calendar days Prior to- cornmencement of the- relevant renewal term. 3 SCOPE OF USE AFREE1b EW Any and all rights expressly granted to Metricom under this Use Agreement, which shall be exercised at Metrico&s sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and all parts of the - Public Fight of Way exclusively or concurrently with any other person or entity and shall be further subject to all deeds, easements, dedications, . conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the Public Rightof Way_ Nothing_ in this Use- Agreement shall be deemed to grant, convey, create, or vest in Metricom a real property interest in land, including any fee, leasehold interest or easement Any work performed pursuant to the rights granted under this. -Use. Agrpprnpntshall be subject.to the reasonable prior review and approval of the City. 3.1 Attachment to Municipal Facilities. The City hereby authorizes and permits Metricom to ender upon the Public Right of Way and to locate, place,- attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace Radios in or on Municipal Facilities for the purposes of operating Ri an providing Services. In addition, subject to the provisions of § 4.3 below, Metricom shall have the right to draw electricity for the operation of the Radios from the power source associated with each such attachmerttto Municipal Facilities: 33 Attachment to Third -Party Property. Subject to obtaining the permission of the owner(s) of the affected property, the City hereby authorizes and permits Metricom to enter upon the Public Right of Way and to attach, install; ticc ,«« �:l«u ., u��v ; reattach; reinstall, relocate, and replace '. . Right- of-Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc Page 3of 16 such number of Radios in or on poles or other structures owned by public utility companies or other property owners located within the Public Right of Way as may be permitted by the public utility company or property owner, as the case may be for the purposes of operating Ri c ochetO and providing Services. Upon request, Metricom shall furnish to the City documentation of such permission from the individual utility or property owner responsible. City agrees to cooperate with Metricom, at no costor° expense to City, in obtaining where necessary the consents of third -party owners of property located in the Public Right of Way. 3.3 No Interference. Metricom in the performance and exercise of its rights and obligations under this Use Agreement shall not interfere in any with the cA!b:_-jLtti..c and .iY�XCLGL,.I of• any and - all public and private rights of way, sanitary sewers, water mains storm drains, gas mains poles, aerial and underground electrical and telephone wires, electroliers, cable television:, and- other information= or communications, utility, or municipal property, without the express written approval of the owner or P P P t5'� xP PP owners of the affected property or properties, except as permitted by applicable Laws or the Use Agreement . City agrees to use reasonable efforts to require the inclusion of the same or a similar prohibition on interference as that stated above in all agreements and franchises City • may enter inter after the Effective. Date. with other information or communications providers and carriers. 3.3.1 L,:Vaf ua. Resohiticm. Any actual or• anticipated radio interference caused by either the presence of the Radios or the presence of any such other communications equipment or devices in the Public Right of Way shall be resolved. by Metncom and any such other providers without cost to City on the basis of the applicable rules, regulations, practices, and procedures of the FCC. City agrees to assist Metricom in the resolution of any such interference dispute at Metncom's sole expense. 3.4 Compliance with Law& Metricom shall comply with all applicable Laws in the exercise and performance of its rights and obligations under this Use Agreement. The Right -of -Way Management Reimbursement provided. -far iry g 4..1 flaw shall be in lieu of all other City fees, with the exception of any City permits required for the initial installation of the Radios. City shall promptly respond to Metricom`s filings and shall otherwise cooperate with Metricom in. facilitating the deployment of RicochetV in the Public Right of Way in a reasonable and timely manner. • Rigkf- of -Way Permit and Facility Use Agreement City of Brooklyn' Center:: Metricom, Inc. Page 4of 16 I • 3.5 Location and Installation of Radios. The proposed locations of Metricomrs planned initial installation of Radios shall be determined subject tD the reasonable prior review and approval of the City, promptly after Metricom's review of available street light maps and prior to deployment of the Radios. Upon the completion of installation, Metricom promptly shall furnish to the City a pole list showing the exact location of the Radios in the Public Right of Way. 4 COMPENSATION; U TIIm CHARGES. Metricom shall be solely responsible for the payment of all lawful pees in connection with Metricom's performance under this Use Agreement; in accordance with the terms set forth below. 4.1 Right -of -Way Management Reimbursement. In order to reimburse City for any right -of -way management costs it may incur during the term of this Use Agreement following the initial deployment of the Radios in connection with Met7ricom's entry upon and deployment within the Public Right of Way, Metricom shall pay to the City, on an annual basis, an amotu tO -orte k `- :..t (1 % of Adjusted= Gross Revenues (the "Right- of-Way Management Reimbursernenf'), which amount may be collected from subscribers of the Services with billing addresses in the City and remitWd ta� City as- provided • herein: The- parties agree that such Right -of -Way Management Reimbursement represents a fair estimate of the • costs of continuing management of the Public Right of Way utilized by Mewcom and that such, Right-of-Way Management Reimbursement is not a franchise fee or payment for use of the Public Fight' of Way. The Right-of-Way Management Reimbursement shall be payable for the period commencin upon the datie_thatServices are offered to commercially paying subscribers within the City using Radios installed pursuant to this Use Agreement and ending on the date of termination of this Use Agreement; and shall be due on or before the 45 day after the end of each calendar year or fraction thereof. Within forty -five (45) days after the termination of this Use Ar,., , llbe paid for period elapsing since the end of the last calendar year for which compensation has been paid. Metricom shall famish to the City with each payment of compensation req� b thm- sect � a statement executed by an authorized officer of Metricom or his or her designee, showing the amount of Adjusted Gross Revenues for the period covered by the payment If Metricom discovers any error inn- the- correct amount of compensation- due, the City shall be paid within thirty (30) days of discovery of the error or determination of the correct amount Any overpayment to the City through error or otherwise shall be refunded or offset- againstthe nextpayment due. Acceptance by the • Rigkt- of-Way Permit and Facility Use Agreement City of Brooklyn Center :: Metricom, bu. Page 5of 16 City. of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this Use Agreement occurring prior thereto,- nor . shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due or from collecting any balance due to the City. City may, at any time; at City's sole option, upon ninety (90) days written notice, require Metricom to discontinue the Right -of -Way Management Reimbursement ,u,i e,L isa Lion. Upon receiving such notice Metricom shall, no later than ninety (90) days after receiving such notice, cease making all compensation payments that would have been payable after such ninety (9€k} day nattice period. If City requires such a- discontinuation of Right -of- Way Management Reimbursement compensation, the City may then charge, on an annual basis, its actual Right -of -Way Management costs (pursuant to Minnesota; Statutes. Sec. 237.162, Subd. 9 and Sec. 237.163, Subd. 2 (b)), that are incurred after the expiration of the ninety (90) day period described above. Metricom shall only be liable for such actual annual Right-of-Way man? gement costa to. the extent such costs exceed the annual retail value of the service subscriptions for which the City is eligible under Section 45of this Agreement 4.1.1 Reduction of Right -of -Way Management Reimbursement by • Amount of- Utility Users- or- Communications Tax. Notwithstanding anything tc) the contrary in this Use Agreement; if the Services are subject tv a utility users tax, communications tax, or other similar tax or fee which accrues to the City by operation of the City's Municipal Code or other applicable law, then the amount of the Right =of Way Management Reimbursement shall be reduced by the amount of the applicable utility users tax, communications tax, or such other similar tax or fee. 4.1.2 Accounting Matters. Metricom shall keep accurate books of account at its principal office in Los Gatos or• such other location of its choosing for the purpose of dete the amounts due to the City under § 4.1 above. The City may inspect Metricom's books of account relative to the - City at any time during regular business hours on thirty (30) days' prior written notice and may audit the books from time to time at the City's sole expense, but in each case only to the extent necessary tea confirm the accuracy of payments due under § 4.1 above. Alternatively, Metricom will make available for inspection by the City at Metricom's office located ckisest< t D. the City,. upon thirty. (30) days. prior written notice, the • Right- of-Way Perndt and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc. Page 6of 16 relevant portions of its books and records as reasonably necessary to confirm the accuracy of any payments due the City under this Use Agreement The City agrees to hold in confidence any non-public information it learns from Metricom to the fullest exigent permitted by Law. 4.2 Annual Fee. As compensation for the use of Municipal Facilities, Metricom shall pay to the City an annual fee (the "Annual Fee ") in the amount of Sixty Dollars ($60.00) for the use of each Municipal Facility, if any, upon which a Radio has been installed pursuant to this Use Agreement Where light poles or other facilities to be used by Metricom within the Public Right of Way are owned by a utility, such annual fee shall be paid to the appropriate utility and not to the City. The aggregate Annual Fee with respect to each year of the term shall be an amount equal to the number of Radios installed on Municipal Facilities during the preceding twelve (12) months multiplied by the Annual Fee, prorated as appropriate, and shall be due and payable not later than forty -five (45) days after each anniversary of the Installation Date. City represents and covenants that City owns all Municipal Facilities for the use of which it is collecting from Metricom the Annual Fee pursuant to this § 4.2. • 4.2.1 CPI Adjustment. Effective commencing on the fifth (5 anniversary of the Installation Date and continuing on each fifth (5 1 h) anniversary thereafter during the term, the Annual Fee with respect to the ensuing five -year period shall be increased by a percentage amount equal to the percentage increase, if any, in the U.S.- Department of Labor, Bureau of Labor Statistics Consumer Price Index (All Items, All Consumers, 1982 -1984 =100) which occurred during the previous five -year period for the Midwest Urban Region Consolidated Metropolitan Statistical Area. 4.3 Electricity Charges. Metricom shall be solely responsible for the payment of all electrical utility charges to the applicable utility company based upon the Radios' usage of electricity and applicable tariffs. 4.4 Reimbursement of City's Project Review Expenses. Metricom shall reimburse the City at City's standard rates for reasonable attorney's fees and other project review expenses relating to the preparation and review of this Use Agreement, promptly upon receipt of itemized bills, paid invoices, and other such documentation as Metricom shall reasonably require, and in a total amount not to exceed One Thousand Dollars ($1,000 }. The reimbursement provided for in this § 4.4 shall not replace or • Right -of -Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc. Page 7of 16 • excuse Metricom from the payment of any applicable permit fee for work undertaken pursuant to the initial installation of the Radios. 4.5 Municipal Subscn'ber Program. City shall - have the right throughout the term_ of this Use Agreement to receive up to the maximum number specified below (based upon the City's population) of free Ricochet® basic service subscription& The number of free subscriptions which the City may receive shall - be determined _ in accordance with. the City's official population, as shown on the latest available census data, as follows: (a) for municipalities - with a population of less than 100,0 W, up 6® a maximum of ten (10) free subscriptions; (b) for municipalities with a population of between 100,000 and 249,000, up to a maximum of fifteen (15) free subscript; (c)° €or° a.Li A I1.L*tA with a populatiorr of- between 250,000 and 500,000, up to a maximum of twenty (20) free subscriptions; and (d) for municipalities of over 500,000, up to a maximum of twenty -five (25) free subs€ri City shy designata- ene person, who shall be responsible for ordering and receiving any subscriptions. To take gr am , the p ro designated advantage of this desi ted individual should contact Metricom=s Network= Real Rstaw—Department at the address stated in § 8 below City's right to use the subscriptions shall commence at the time that RicochetV service is commercially available in the City and shall extend- until the expiration of the term- of this. Use Agreement or through • the length of time that Radios are deployed in the Municipal Right of Way, whichever is longer. City's use of the subscriptions shall be subject to the standard - Ricochet& term and conditions of use. City understands and agrees that modems and equipment re uired to utilize the �' 9. subs x��rfiv�;s aerct any additional service or service options the City may desire may be obtained from an authorized retailer at market rates current from time to time. City shall use all subscriptions provided pursuant to this -,e, Uvr solely f €3r its own- use and shall npt be entitled to resell, distribute, or otherwise permit the use of same by any other person, excepting a local public entity that provides public service within the corporate- boundaries of the- City -(egg., municipal schools, public safety, or fire departments, etc.). The level of benefits and service provided to City by Metricom as "basic service" shall not be diminished or reduced during the k-rm of this- Use- Agreement or renewal thereof or prior to its cancellation or te as the case may be. 4.6 Moat - Favored Municipality Clause. Should Metricom after the parties' execution and delivery of this Use Agreement enter into a right -of -way permit and facility use agreement with -. a.rx3tiher municipality of the same • Right- of-Way Permit and Facility Use Agreement ` City of Brooklyn Center:: Metricom, Inc. Page 8of 16 size or smaller than the City as compared with cities in the Minnesota • counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington, which agreement contains either (a) a higher Right -of Way Management Reimbursement as described in § 4.1 above or (b) a higher Annual Fee as described in § 4.2 above or (c) a higher amount of Reimbursement of City's Project Review Expenses as described in § 4.4 above, City shall have the right to require that Metricom modify this Use Agreement to incorporate the same or substantially similar superior benefits and such other terms. 5 RELOCATION AND DISPLACEMENT OF RADIOS. Metricom understands and acknowledges that City may require Metricom to relocate one or more of its Radios, and Metricom shall atCity's direction relocate such Radios - at Metricom's sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, completion, repair, relocation, or maintenance of a City project, (b} because the Radio is mtaerfering with or adversely affecting proper operation of City -owned light poles, traffic signals, or other Municipal Facilities; or (c) to protect or preserve the public health or safety. In any such case, City shall use reasonable efforts to afford Metricom a reasonably equivalent alternate location with no duty to incur any expenses or cost to City. If Metricom shall fail to relocate any Radios as requested by the City within a reasonable time under the • circumstances in accordance with the foregoing provision, City shall be entitled to relocate the Radios at Metricom's sole cost and expense, without further notice to Metricom. To the extent the City has actual knowledge thereof, the City will attempt promptly to inform Metricom of the displacement or removal of any pole on which any Radio is located. 5.1 Relocations at Metricom's Request. In the event Metricom desires to relocate any Radios from one Municipal Facility to another, Metricom shall so advise City. City will use reasonable efforts to accommodate Metricom by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Use Agreement 5.2 Damage to Public Right of Way. Whenever the removal or relocation of Radios is required or permitted under this Use Agreement and such -t t-_U LUV d or relocation shall cause the Public of Way to be damaged, Metricom, at its sole cost and expense, shall promptly repair and return the Public Right of Way in which the Radios are located to a safe and satisfactory condition in- accordance - with applicable Laws, normal wear and tear excepted. If Metricom does not repair the site as just described, then the City shall have the option, upon fifteen (15) days' prior written • Right- of-Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc. Page 9of 16 notice to Metricom, to perform or cause to be performed such reasonable and necessary work on behalf Metricom and to charge Metricom for the proposed costs to be incurred or the actual costs incurred by the City at City's standard rates. Upon the receipt of a demand for payment by the City, Metricom shall promptly reimburse the City for such costs. 6 MET1NMCATION AND WAIVER. Metricom agrees to indemnify, defend, protect; and hold harmless the. City, its council members, officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgements, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses'') directly or proximately resulting from Metricom's activities- tmdertakerr- pursuant to this Use Agreement except to the extent arising from or caused by the negligence or willful misconduct of the City, its council members, officers, employees, agents, or contractors. The foregoing notwithstanding, Metricom shall defend and indemnify the City, and ifs- officers and employees, even in the case of negligence, unless the allegations allege (a) independent negligence on the part of the City, its officers and employees or (b) a wrongful act or omission on the part of the City or its- officers -or employees. Metncom.shall also defend and indemnify the City, its officers and employees, even in the case of negligence, if the allegations are based on the City's or its officers or employees' negligence or otherwise wrongful act • or omission in issuing. a_ permit_ to Metricom or approving this Use Agreement or in failing to properly or adequately inspect or enforce =compliance with the terms, conditions or purpose of any permit issued to Metricom. 6.1 Waiver of Claims. Metricom waives any and all claims, demands, causes of action,. and_ rights- it_may assert againstthe City on account of any loss, damage, or injury to any Radio or any loss or degradation of the Services as a result of any event or occurrence which is beyond the reasonable control of the City or on- account of City's exercise of its regulatory or police powers. 6.2 Limitation of City's Liability. The City shall be liable only for the cost of repair to damaged Radios arising from the negligence or willful misconduct of City, its employees, agents, or contractors. 7 INSURANCE. Metricom. shall. obtain. and maintain at all times during the term of this Use Agreement Commercial General Liability insurance and Commercial Automobile Liability insurance protecting Metricom in an amount not less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than One Million Dollars ($1,000,000) annual a , , �gal� for eacIr personal injury liability and products - completed operations. • Right-of-W Permit and Facility Use Agreement City of Brooklyn Center Metricon4 Inc. Page 10of 16 • The Commercial General Liability insurance policy shall name the City, its council members, officers, and employees as additional insureds as respects any covered liability arising out of Metricom's performance of work under this Use Agreement Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. Claims -made policies are not acceptable. Such insurance shall not be canceled, nor shall the occurrence or aggregate limits set forth above be reduced, until the City has received at least thirty (30) days' advance written notice of such cancellation or change M.L.,Vu, shall be responsible for notifying the City of such change or cancellation. Prior to any five(5) -year renewal term, pursuant to Section 2 of this Use Agreement, the parties may in good faith bargain to increase the above minim insurance amounts, if such an increase is warranted by industry standards. Such increase, if any, shall not be effective until the commencement of such renewal term. Prior to any five(5) -year renewal term, pursuant to Section 2 of this Use Agreement,- the --City may request and the- parties shall bargain in good faith to increase the above minimum insurance amounts, if such an increase is warranted by industry standards or specific identified risk Such increase, if any, shall not be effective until the comme such renewal term. 7.1 Filing of - Certificates- aid FmAmsement& Prior to the commencement of any work pursuant to this Use Agreement, Metricom shall file with the City the required original certificate(s) of insurance with endorsements, • which shall-sta a the follow'ng (a� the. policy number,. name. of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts; (h) that. the. City shall: receive thirty (30): days' prior notice of cancellation; (e) that Metricom's Commercial General Liability insurance policy is primary as respects any other valid or collectible insurance that the City may possess, including-any self- insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall" not be required to contribute with this insurance; and (d) that Metricom's CommerciaL General Liability insurance policy waives any right of recovery the insurance company may have against the City. . Right- of-Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricony Inc Page 11of 16 The certificabe(s) of insurance with endorsements and notices shall be mailed to the City at the address specified in § 8 below. 7:2 - Workers' Compensation Insurance. Metricom shall obtain and maintain at all times during the term of this Use Agreement statutory workers' compensation and employer's liability insurance in an amount not less than One MMon Dollars ($1;000;000) and shall furnish the City with a certificate showing proof of such coverage. 7.3 Insurer Criteria... Any insurance provider of Metricom shall be admitted and authorized to do business in the State of Minnesota and shall carry a minimum rating assigned by A.M. Best & Company's Key Rating Guide of "A" Overall and a Financial Size Category of "X" (i.e., a size of $500,000,000 to $750,000,000 based on capital, surplus, and conditional reserves). policies and certificates issued by non - admitted insurance companies are not acceptable. 7.4 Severability of Interest. Any deductibles or self- insured retentions must be stated on the certificate(s) of insurance, which shall be sent to and approved by the City "Severabiiity of interest'' or "separation of insureds" clauses shall be made a part of the Commercial General Liability and Commercial Automobile Liability policies. 8 NOTICES. All notices which shall or may be given pursuant to this Use Agreement shall be irr Iviituir, and delivered persormlly or L...dtt+ed (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the- same is followed by delivery through tire- U. 5 mail or by overnight delivery service as just described, addressed as follows: i to the City: ty: CITY OF BROOKLYN CENTER Atkin: City Manager - Michael McCauley 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2119 if to Metricom: METRICOK INC.. Attn: Network Real Estate 980 University Avenue Los Gatos, CA 95032 • Right-of-Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc. Page 12of 16 8.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set fortis above. 9 TERMNATION. This Use Agreement may be terminated by either party upon forty five (45) days` prior written notice to the other party upon a default of any material covenant term hereof by the outer party; which default is not cured within forty -five (45) days of receipt of written notice of default (or, if such default is not curable within forty -five (45) days, if the defaulting party fails to commence such cure within forty -five (45) days or fails thereafter diligently to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly provided herein, the rights granted under this Use Agreement are irrevocable during the germ. - 10 AsSIONMF.ft L This Use shall not be assigned- by Metricom without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and obligations of Metricom hereunder to a parent, subsidiary, or financially viable affiliate • of Metricom or to any successor -in- interest or entity acquiring all or substantially all of Metricom's outstanding voting stock or assets shall not be deemed an assignment for the purposes_of this-Use_Agreement.- 11 A&SCELLANEOU&PRovism)N& The provisions -which follow shall apply generally to the obligations of the parties under this Use Agreement 11.1 Nonexclusive Use. Metricom understands that this Use Agreement does not provide Metricom with exclusive use of the Public Right of Way or any Municipal Facility and, that City shall have the right to permit other providers of communications services to install equipment or devices in the Public Right of Way and on Municipal Facilities. City agrees promptly to notify Metricom. of the receipt of a_ proposal for the installation of communications equipment or devices in the Public Right of Way or on Municipal Facilities. In addition, City agrees to advise other providers of communications services of . the presence or planned deployment of the Radios in the Public Right of Way and /or on Municipal Facilities. 11.2 Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Use Agreement shall not be deemed to be a waiver or a continuing - waiver of any subsequent breach or violation of the same or any other provision of this Use Agreement • Right- of-Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc. Page 13of 16 11.3 Severability of Provisions. If any one or more of the provisions of this • Use Agreement shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision(s) shall be deemed severable from the remaining provisions of this Use Agreement and shall not affect the legality, validity, or constitutionality of the re mainin g portions of this Use Agreement. Notwithstanding the foregoing, the parties agree that if a court or administrative agency of competent jurisdiction- should declare a provision(s) of Section 4 of this Use Agreement invalid, then the parties shall each be obligated to negotiate in good faith to amend Section 4 of this Use Agreement and if, after one hundred and eighty (18(}) days from the commencement of negotiations or such extension thereof that may be agreed by the parties, the parties are unable to reach agreement on amendments hereto, then this -Use Agreement may be terminated by either- party. 11.4 Contacting Metricom. Metricom shall be available to the staff employees of any City department having jurisdiction over Metricom's activities twenty -four (24) hours a day, seven (7) days a week, regarding problems or complaints, resulting from the attachment installation, operati on, maintenance, or removal of the Radios. The City may contact by telephone the network control center operator at telephone number • (800) 873-3468.- regarding such - problems or complaints. 11.5- Governing_Uw; jurisdiction- This Use. Agreement shall be governed and construed by and in accordance with the laws of- the State of Minnesota, without reference to its conflicts of law principles. If suit is brought by a party bD this _I.Ise_ Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of Minnesota, County of Hennepin, or in the United States District Court for the District of Minnesota. 11.6 Attorneys' Fees. Should any dispute arising out of this Use Agreement lead to litigation, the prevailing party shall be entitled to recover its costs of suit up to an amount of Five Thousand Dollars ($5,000.00), including (without limitation) reasonable attorneys' fees. 11.7 Consent Criteria.. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Use Agreement; such party shall not unreasonably delay, condition, or withhold its approval or consent: 11.8 Representations and Warranties. Each of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity, • Right -of -Way Permit and Facility Use Agreement City of Brooklyn Center:: Metricom, Inc Page 14of 16 • and authority to enter into and perform the parties' respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith, except as provided in § 3.2 above. 11.9 Amendment of Use Agreement. This Use Agreement may not be amended except pursuant to a written instrument signed by both parties. 11.10 Entire Agreement. This Use Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Use Agreement which are not fully expressed herein. • . Right- of-Way Permit and Facility LlseAgreement City of Brooklyn Center:: Metricom, Inc. Page 15of 16 I • I n w i t n e s s wh e r e o f, and in order to bind themselves legally to the terms and conditions of this Use Agreement; the duly authorized representatives of the parties have- executed this Use Agreement as of the Effective Date. City: CITY -OE BROOKLYN CENTER, a Minnesota municipal corporation By: Michael McCaulev [name typed] Its: City Manager Date: By: Mvma Kramess [name typed] Its Mavor Date: Metricom: MET'RICOM, INC., a Delaware corporation By: Ina me taped] Its: Date: is Rigid- of-Way Permit and Facility Use Agreement City of Brooklyn Center:. Metricom, Inc. Page 16of 16 _ z - S I 11 I S S RICOCHET BY ME RICOW 0 BETTER WIRELESS D A SERVICES FOR YOUR COMM ITY A. 1 I g � • fin � � 9' 22 i �d v "Having Ricochet means that the students at Malcolm X Eleme tary are able to access a very crucia research and communications t ol, and, ultimately, become better lif long learners." DR. JOHN P LL, PRINCIPAL MALCOLM X LEMENTARY, WASHINGTON, D.C. Metricom RICOCHET BY METRICOM Would you like to offer your community low -cost, high -speed online access with no cabling, trenching or public investment? Metricom's fourteen -year track record speaks for itself. Our experience enables us to offer the _ fastest and most reliable mobile data services in " San J se is known throughout the world as the the industry. Leapfrogging current performance Capi al of Silicon Valley. We have earned this standards, our new network will provide your dish coon, not only because we house the nation's constituents wireless Internet, e-mail, and local area network access at speeds up to 128 Kbps — top high -tech firms in our own backyard, but be use we use the latest state - of- -the -art technology comparable to expensive ISDN connections. i our day -to -day operations. Our police and fire eams, finance department, libraries, and Inter- national Airport management use Metricom's wireless data network to access information and communicate in real time from off -site locations. Being able to utilize key technology while retaining ,. a sense of community is San Jose's key to success." r: >.. �y ,.. �- �. � � � � � MAYOR SUSAN HAMMER CITY OF SAN JOSE T WIRELESS With Ricochet service, inspectors can issue permits from.thefield, mobile libraries can have Internet tto a x e, .s.}can check - mail from the access, a co x contractors can keep in touch arents can communicate Fed ones online. The uses are practically limitl — �f .y _ ': _.: e;•v- :.,:� - �Y1 '+*xx. L 's c r 1994: City of Cupertino, California, and Stanford University test Ricochet z SIMPLE Because'Metricom's Ricoch poletop radios ar to install, bringing wireless ernet access to public age cies, schools, and corporate t nants becomes.much easier —even in areas where it would b difficult to provide additional ca. g. `:. Many small and larg corporations use Ricochet wireless . s. technology extensiv 1 . The app reciate the flexibility of b gY Y Y pp t3' g = able to relocate da lines without rewirin Seattle City Light field crews save time by using Ricochet to log onto their internal networ and obtain critical repair information from remote locations. SEATTLE CITY LIGHT, POWER UTILITY COMPANY • "Ricochet is a s roduct that does what it s it could p y� be a boon for mobile users — or r anybody who's tired of hassling with telephone c nections to the Internet." WALT MOSSBERG THE WALL STREET JOURNAL VALUABLE Many government agencies already use Ricochet, including local post offices, public schools, d city' councils. Residents can order stamps usin the system and can participate wirelessly in city cou it meetings. Seniors can enjoy e-mail and communic to with loved ones far away. With laptops and Ricoc et modems in \ k \ squad cars, police departments can fil reports from the \ field, allowing officers to spend more time on patrol. Internet service... r991: Sdn is Metricom's first covered city,6itb a stand -alone population of over r,000,000... x996: Seattle and Washington, D.C. launch Ricochet wireless sei s � SHR � k S � 7 w; r'lc't fA [. ',��:• *,._ - 7tt�� `~fit; CONVENIENT ?` Because of our uniq ne twork d esign and patented q � P • routing technolo Ricochet users do not e the w "" V/ 1 well- publicized busy signals and disconnections that cause�ry :# S� dissatisfaction among users of other popular online k,� °' services and wired Internet service providers. Our packet - switched system uses available radio frequencies ; so efficiently that it's easy to add additional users onto the same channel. Expanding network ork capacity and =:s: coverage is as ew radios. simple as mountin n And e the Ricochet ' °'��.,-,,,.r•�;�.- because cochet network is completely private to the point it reaches the Internet, we provide unmatched wireless security through RSA encryption. "Because of the way the phone lines were set up, in the past, Lo IMPA we had to run from the counter to the back of the shop to scan a credit card. Greater demand for Internet access, fax lines, and And, what's worse, with every purchase, additional phone service has placed a significant we were tying up a phone line. • burden on existing phone capacity. Increasing Most of our business is over the phone, bandwidth for these technologies typically so we can't afford to lose customers involves a significant infrastructure upgrade. to a busy signal. With Ricochet, Metricom, however, simply installs small radio we don't have to. " transceivers on streetlight and utility poles, at no cost to your community. These TAM MURRAY, OFFICE MANAGER shoebox -sized radios have low visual or FENA FLOWERS, S EATTLE, WA environmental impact. It's the fastest, easiest way to increase available bandwidth for data services without "trenching, cables or street - hardware. We are proud to offer a technology that has such little impact on your neighborhood. i Radios are generally mounted on;� less than 3% of poles in a given region, d operate in the public spectrum, similar to devices like garage door openers and baby monitors. i 7997: Ricochet begins d velopnnent of a high- speed, r28K, wireless network... 1998: Metricom wins state approval for usage of Southern and Centi -al California street lights... EXPANDING • Hundreds of communities like yours have given Metricom right -of -way approval. We have installed thousands of streetlight radios, providing access to some of the country's most prominent institutions — organizations like the United States Senate, Microsoft and the NASA -Ames Research Center, and universities like Stanford and George / Washington University. Municipal employees use our services in growing numbers. We continue to ' gain new subscribers in the San Francisco Bay Area, r Seattle, and Washington, D.C. regions and also offer j coverage to many corporate campuses and airports throughout the nation. ` �r PPORTUNITY We're offering you a unique public- private opportunity to bring your community new ways of communicating — without wires. ' A simple right -of -way approval is all it takes to get on board. With the Ricochet network and wireless technology, you can be online a, M . ° s <. } �� _ anytime, anywhere. Prepare your community for greater productivity with Ricochet high -speed wireless communications from Ricochet Metricom. has given me total independent . I can set up my laptop and portable printer a d A representative will contact you to discuss our dazzle potential buyers with color presentat' ns right - of- -way application. of homes anywhere in the marketplace. I c n call up the latest listings right there, so the For more information on the Ricochet system by customer gets instant information and I et Metricom, see us online at www.metricom.com. a potential sale." Or e-mail requests to: rightofway@ricochet.net. HUGH KELLY, BROKER PARRDUE REAL ESTATE, WASHINCf' ON, D.C. T \ V I I }ads aT n4° g � . , ,•0 .y,_ `5 z ;°.,.t•.• .�'.:4.v 'SV +' r S'. '> 1Vlet4cor i=`Inc:`'ar � s . " „�6.. =:��... is:t�ie'leadez;,p4 Y t r =_ . R in wireless c�ata'4;s° mmuiucaiioiis °��: ,,.. e.= ea5';feehiiolo an i�' A'j °Sa'; g3'.. ;N tdevelops; ariil t ;��” <f `'°.t ' � ry ri 'ti4 }�`»` R� Qe : paSy q -ro ;t�se =1` . �►. '_ac-�,. 3.. , caribris`foir.aroaii::," �„ 1. - sari e of ' ersorial% 4y�° :.,:. g P. ,g ' y 4 r and COrnlllerClill': c Y a applications QatY `. wireless;;serrvice N%� % - r e e l" abl access to,'the= ° =, >_ = 9Iniernet`e= G = private Granting M etricom access to our ri gh t - of - w ay wa ensures.. Y g f Y �;Jocal`areanetw,orks''�;;` =bs NO SURPRISES BENEFITS TO Y up, CONSTITUENTS s's) sncl onlipie =° • Metricom h -year track record in <' 3services::To learnYLtk. °< °'' a`; as a fourteen `;�;.�° �`._�,. =;; ,..•- �:,;�' -'.'� ` _� >�,�ars. ��g�: tel ecommunicat i ons Indust a ~.,,a. the wireless t e 1 fr eedom , ore, abpixzT'�; -> ,.....7m • Radios are installed in hundreds of industry Wireless • Travels with yo laptop or handheld device :MC; u'un';atid the. e,4 municipalities across the U. S. • No need to ins an extra hone line • Thousands of satisfied subscribers prefer •Send e-mail wi out u a hone line ,. P P ,Ri'coclef service .,, Ricochet over Stay in touch e, regardless of location er wire line services ..visit �tis 'oiilirie .at, EASE OF ADMINISTRATION Unlimited acre metricozrictiin 4- • Each radio Stay online hours a da :or.:, Y Yor.: www ° ricochet installed by Metricom in minutes „> ,4 -0 . -, • a <.. 4y .e.... e?s ; .:•, : ' 4:; >'•.,:`1: Minimal maintenance si =g >=,:^ ' ° ^ " enance or ongoing No ° :<, ° • •�. ..,e; w „�$, administration required • No droppe connections a; k' ,.1vIe,'trl .- i", , I , <.; , N I n ,,'„ OW AESTHETIC IMPACT Low flat -r epricing 9$QUiieisity. .5 t Avenue; °.a h No a charges • Shoebox -sized radios are mounted on • >a;yLos _Gato,,E1'95032 x,;?; =, stm tastes r • No b' surpasses,; ;'' kt ' ; , ` t=4`.« structures i 44i. _ < <> K ;.� • ically, about seven radios installed per 408c39982Q0;` i :: tii;y4D s uare mile ° of streetlig p oles Conven' technology (less than 3 /n gh p • 1p d f speed — performance comparable t e o P region) ISD '• ,., ' �, -me, wire fine .:;15�: °z'u >'• • No trenching, cabling or street hardware �m ; www ncocriet net:•; • Compatible with desktop, laptop or handheld ' E ONMENTAL SAFETY co puter devices ;'rightovay@m?etricoln;com': • Autho eel b the FCC to o erate in the A security — safe against eavesdropping Y P public ectrum under Part 15 of FCC rules; • other Par 15 devices include garage door openers baby monitors Copyright ®1998 Metricom, c. All rights reserved. As with telephone modems and wireless services, speeds wary based on location, application, hardware, and software. To benefit from the Ricochet wireless services offered by Metricom,ysers must be within the coverage arcs of the Ruoohet wireless network Metricom, Ricochet, and MetrlCOm MiaoCellular Data Network are registered trademarks of Metricom, Inc. All other trademarks are the property of their respective owners. Additional photos by Larry Dale Gordon and Stephen Wilkes, 0 1995 The- lmagaBatdc ki�g *c Rs.�sl �, � s ;� �,,, � �.w a � A.�_�µ t ty :t�Y � � �r.. ' � I L �� � 1! ':S= I !` � �'. ... L.. �� {� � . ��. `. `� . S ._�,� a Z .. � �. y�L S 1 ��ryF � � t_'� i ' � � + •' li .•� / ;�� � �as� i i � ��Ai7� . „� i � � _ / / / /// � 'R 1 � t � �@ . ��.. �+ � - 4 � .. , charge supports three PP hours of active data A transmission or 12 hours on the Internet new sense o w Now, the "nearly" part, The Ricochet network is established in only three cit- ies—Seattle, San Francisco, and Washing - mod ems ton, D.C., with extensive suburban cover - �O age in each area. (For a full- service map, plus technical details, see www,ricochet .net.) The system also works at 11 major In a wired age, the plugged in will be wireless � ' muuamg LaGuardia, Minn a e- olisSt.Paul, and Los Angeles, but not Chicago's O'Hare or Atlanta, the world's BY SAKESFALLOws WAC.KLMPWUJ,.,,,, two mostvisited airports. E x p ans i on is Planned to South .. ern California ersonal technology is charming in next year; after that, who knows? The company's its "nearly right" stage. This is when! _ '.'° ��` a < • � � hopes depend on the product is advanced enough to t�- =''' one-by-one contracts with cities and hint at its ultimate potential but not``:` utility companies to hang its trans- yet so mature as to be truly y `' y pra��, The ceivers, each the size of a bread loaf, Compaq computers of the earl at % -to -% -mile intervals, portables the size and weight of sewing cons main investor is Paul Allen, machines, were nightmares to lug ` America's third- richest man, so in around —but theory it can afford the expansion.) exciting be- Habit-altering. If you live in one of cause they s the favored cities or frequent the implied the + right airports, is the system w it? laptops someday to come. The pioneer E- To me, it made enough sense to buy, mail network, MCI Mail, was also nearly The Internet connections are slower right Cumbersome to operate and lack - than on an ISDN line but faster than ing connections with an other ' via the hone line Y system, it P modems most still suggested how electronic communi- people use. Three or four seconds af- cation could revolutionize life, ter clicking the Ricochet icon, you're The latest nearly right product is the on the World Wide Web. Ricochet wireless modem system, from Dial -up E -mail services take Publicly traded Metricom of Los Gatos, slightly longer to connect than they Calif. The right part is its demonstration would on a phone line. But the free - of what truly wireless connections will don to connect without a wire is as mom• A Proprietary Ricochet modem, a Ricochet costs less to use than a cellular modem. hav habit-altering been I ow cellular ount o phones slightly larger being than a pack of cards and weighing 8 ounces, attaches to able to send and receiv E- Puter's serial port It bounces radio signals d through any o star o idai�d up functions) twork dur or dead time a cab. Just t t b in Werne to a series of small transceivers hung fro The modem itself costs $349, plus a $45 noxious, I once did so at a football game, t3' Poles and street lanes around activation fee. After that the service, in- To my surprise, I find I use the modem wn; these, in turn, pass signals to an In- cluding unlimited Internet connection daily at both home and office; it frees up t serves The result is to let you make time and an E -mail account, costs $29.95 a telephone line. As with the first ungain- reliable wireless connections to the Inter- a month. The modem works with Macin- ly Compaq, I feel I've seen a rough sketch net at nearly 4o kbps, or send E -mail (or tosh or Windows machines, One battery of something big. Abridged from U.S.NEws & WoRiD REPORT, AP RIL 6, 1998 An INTERTEC• /PRIMEDIA Publication MARCH 29, 1999 T E L E P r www.intemettelephony.com CARRIERS, CONVERGENCE & COMPETITION ©ETWORKV cn LU W Metricom suits up for national play High speeds and flat rates differentiate operator NANCY GOHRING M etricom is implementing some Cahner's In -Stat Group. Cellular digi- ny had to work with 1300 munici- changes that should make its tal packet data (CDPD) offers lower palities to gain buildout rights in attractive concept even more data speeds, and many CDPD opera- the 14 cities where it hopes to build attractive --to both investors and tors charge based on the volume of by the second quarter. "It's a painful potential customers. The mobile data that users transmit, making it process," Firth said. wireless data service provider recent - difficult for users to predict expenses. Metricom recently changed its tar- ty tweaked its focus and soon will Until operators deploy third gen- get customer from consumers to implement a second generation tech- eration networks, few can compete business people, trimming some dis- nology. It's also seeking partners to with Metricom's offering. tribution costs and continuing a support future growth plans. "Metricom has a window of rapid rate of customer acquisition. Ricochet II, the new technology, • will offer 128 kb/s data rates at mobile speeds of up to 70 miles per HOW RICO hour. The current system, 'which a : •.._s:._ :v- ..• _•- ._ ...:.......:.. offers 28 kb/s rates, consists of p ole- i` Metrocell 'radios . -- p street top radios, fixed usually on street lamp poles, which can only listen or lights u oles talk. "They can't do both simultane- ously," said John Wernke, senior vice president of marketing and sales. Nefinrork - '' The new system, which will still . _- :.:��.:�.�� >.:•�,:.•„ , �_Cr.: interconnectior, r use the unlicensed channels in the - -�- • -= 900 ivlHz frequency band, will listen_. - `t'cilit y`1 Modem radio and talk at the same time. In addi- Computer device - Lion, radios will communicate with other pole -top radios and a wireless access point using the licensed wire- opportunity," said Naqi Jaffery, wire- Attracting the current 27,000 cus- less communications services spec- less analyst for Dataquest. If it can tomers with only three cities built is trum —the 2.3 and 2.4 GHz fre- deploy widely before the 2003 time quite impressive, especially com- quencies. "We added capacity by frame, it has a chance of being suc- pared with other data networks with dual- banding them," Wernke said. cessful. In fact, Dataquest projects near national coverage. "Despite the Ricochet II also will eliminate that Metricom will have 1.2 million fact that they have limited reach, some latency issues on today's net - subscribers by 2003. they have been quite successful in work. Currently, information hops Metricom offers service today attracting customers," Jaffery said. two to three times along pole tops only in San Francisco, Seattle and Metricom recently announced a before it reaches the wireless access Washington, D.C. The company relationship with NationsBanc point. Using the higher frequencies intends to change out the existing Montgomery Securities for assis- allows most connections to be made slower speed systems there and tance in finding strategic partners, with only one hop. build out in 50 cities within two mainly to obtain financing. The new high data speeds, cou- years. That's no small feat, though. In February 1998, Paul Allen'; . pled with a flat pricing scheme, sets In order to build out in a region, investment company, Vulcan Metricom apart from competitors. Metricom must negotiate with town Ventures, invested $55.8 million in Users pay $29.95 a month for unlim- councils for permission to hang Metricom for a 49.5% ownership. ited use without roaming charges. radios on utility poles. Backing by such a high - profile "Speed and the bucket are Although Metricom has it easier investor should help convince pos- Metricomt biggest advantage," said than traditional mobile operators sible suitors of Metricom's value, Fran Firth, senior analyst for that must build towers, the compa- Firth said. IN" Reprinted with permission from the March 29, 1999 issue of Telephony.° IDAY, SEPTEMBER 20, , .., THE WALL STREET AL Ri$ 4 THE BUSINESS ... ............................... I � N THE LEAD...FO No . etricom has been a big fish in the small pond of wireless ternet service firms. What happens as the pond gets bigger? wireless networks. Afetricom's network -':, }•'s, =.j„ ?%,S> ' ., •.r�' ";? =,•L : ,r :;;; ;i 3::'; ` �x; expensive proposition, even when each ra• gears from a technical focus to a markek t DAVID P. HAMILTON may delver data taster than its competi• dio cost just under $2,000. far less than an ing focus." lots. but it's still limited geographically Atetn000i ha$ been a pionecra provng iviieless Internet seivi+a; but ite`u; :;` ordinary cellular base station. As a result, Air. Dreisbach' ineam decided that ' WIRELESS ACCESS to the Internet and Its subscriber base remains fairly < }, .• _ • b ,, Aletricom made the decision early to limit addition to expanding th netwo n acfTber.fxree remains amaU (au5eaibere' tltoii4aitds) - ;:;`+ "` ' s ; finally coming of age In the U.S., it small —only 29,000 customers as of the end =�� �:•: ; :; ;• . ; F _ ..'!4•, • .. ; r :< •: • = its coverage to a handful of cities, a list lionwlde, the company needed to more as fay prove to be a mixed blessing for of June. Cellular providers, meanwhile, `:�IIG.' � '" � that currently Includes only the San Fran- gresslrely target highly mobile workergti rte of its pioneers, Metricom Inc. have announced networkupgrade plans I a cisco Bay area, Seattle and Washington, the so-called road warriors who need w These should be the best of times that could deliver data-transmission 1•, %• D.C. less access wherever they go. it M Los etricom, a Gatos. Calif., speeds rivaling those of A[etticom within a�;;� a Metricom launched the Ricochet ser- indeed, that was also one reason to 11' tmpany with one of the first flat few years. c' ,:o I vice in September 1995, and for more than celerate the development of Ricochet , .2 i , ireless Internet services in the na- "Wireless carriers are eyeing the In- a year added roughly 3,000 subscribers now slated to begin service in mid 2000' "t Idle traditional cellular carriers are ferret space with greed and envy; says ? each quarter. By late 1997, however, 12 titles, Including New York. DSUM. arting to target the suddenly hot Darryl Sterling, an analyst with Yankee I growth started to stow, because Metricom Chicago and Los Angeles. Metricom plans for wireless data. Metricom al- Group, a market reseal ch firm in Boston. ! r had specifically aimed its service at college to expand service to 16 cities by the middle ias an established subscriber base. By next year, analysts say, most new y, students and professionals who needed a o(2001. i dedicated wireless data technol- cellular -phone handsets will handle data, Z° �I v" simple and Inexpensive way to send e-mail The Investment by Mr. Allen and Afc d a network that can handle data at at least to the extent of providing simple e• {�'= "+ and surf the Web close to home. But college tVoHdCom not only ensures that Bfetr[am of up to 28.8 kilobits a second, mail and two-way paging capability. And x 6 students tended to cancel their service at has the funds to complete Ricochet 2, fiat twice as fast as those of its nearest network upgrades should make it easier to = I p the end of every school year, and the local also offers the prospect of raising its iii•? itor. use cellular phones as wireless modems for ; . ,0 £ engineers and salespeople that Metrleom tionwide profile. MCI WorklCom, for•ln- n better. Afelricom in June re notebook computers. }1Qulq;^+i3Q;_IQ et0:e:<= 0 ; 3 QM;, IQs:1Q.;_:tQ�;EQ ::'Ip. hoped to reach never signed on in large stance, will distribute the Ricochetservicg t 5600 million Investment from AICI Air. Drelsbach and other btetricom off! t196?: i ' ' .Y '�ri ' x 1, , numbers. in a nonexclusive arrangement for Rvp om inc. and Vulcan Ventures, an dais say they aren't worried about thecom• �Son+acEfdr7oo!ntne� <�: *.,. i::.�>st•;??�_c �"?sRl� z w That prompted some sotilsearching years. lent partnership headed by Ali- petition. And analysts generally agree that among company officials as capital started Air. Allen, meanwhile, is rumored fob Corp. co-founder Paul Allen. That Metricom stands a good chance of estab- to nut short. By September 1997, Afetricom considering linking the Ricochet 2 netwofij Metricom finally has the support it fishing itself in the wireless world. its ser• decided to scale back its marketing of Ric- with his extensive cable•television ho-K- ) build out its even - faster next -gen- vice. designed for use with a notebook or a ochet and to marshal its resources instead - trip. possibly In order to provide cable-m network, and to market its service desktop personal computer provides a con- Wireless carriers are eyeing the Internet on the development of Its next - generation dem users with a wireless "upstream" cN warriors across the U.S. Unuous, "always on" Internet connection, network. Ricochet 2. designed to provide nection to the Internet that would'bypass ; a great endorsement for us," says In contrast to conventional dial-up service data spends of up to 128 kilobits per sec- local telephone companies. m President Tim Dreisbach. "It's a .that requires users to log in each time. Sub space with greed and envy, says one analyst and —much faster than Ricochet 1's 28.8 Air. Drelsbach argues that A on of the market and the way we're scribers seem generally happy, and while kilobits and roughly twice as fast as to- will be able to keep one step ahead of cellOt r apply our technology to a nation- there still aren't many of them, hietricom's day's 66-kilobit modems. tar competitors, whose next speed upgrad_qq twork." iconoclastic struggle to build Its own dedi- Ity. Then Metricom officials lift upon the dio spectrum —one shared with garage• will take their network speeds only up td 6{ cated wireless data infrastructure could fi- Idea of creating a high-speed data network door openers, baby monitors and similar Focus on Marketing kilobits per second —and probably wdO'j ng the Lead natty pay big dividends once it lights up Its with their radio technology —one they short-range radio devices. So in mid -1998, Aietricom's !ward de- deliver speeds comparable to Ricochet 2 tat market grows, however, the big next-generation network next year. would eventually name Ricochet because Aetricom could also design Its network tided to bring in new managers, including until 2002 or so. ; for Metricom Is whether it can of the way the system bounced transmfs• specifically to handle data, allowing it to Air. Dreisbach, to revamp the company's in addition, he says, Metricom( "IV :ad of competitors who have sud- The Rise of Ricochet s(ons from radio toradio. sidestep some of the technological compro- strategy. (Afetricom's former president, serving a different market by offering' sakened to the emerging opportu- htetricom's unique path to wireless That approach held several advan- mises that cellular providers are wrestling Robert Dilworth, remains the company's high -speed wireless directly to PC users; L providing electronic mail, m es- data service is largely the consequence of a tages. Instead of buying the rights to ex- with In converting their systems to carry chairman,) "We had a lot of folks who cellular companies by contrast, are To& nd even full Internet access across quirk of history'. Until 1995, the company pensive chunks of radio spectrum the way data. were bright at developing the technology," likely to focus oh more limited wireless' was primarily In the business of building traditional cellular providers have done. However, use of the low-powered ra- says John iVernke, Aletricom's sales and data services such as offering st&W ITOY is STAFF REPORTER M TLLE WALL short-range radio sets that beamed elec- bfetricom designed I ts network to work in a dlos meant that Metricom had to install a marketing chief, who joined the company quotas, maps And access to airline ref e-' IuR.YAL:s SAN FRAsc;sco stwAu. lric•meter readings back to the local util• largely unregulated twilight tone of the ra• radio transceiver every mile or two —an in August 1998. "But we needed to shift vation systems. 0 1 t •nPi %%/� %%% r • City Council Agenda Item No. 10d I. City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM DATE: January 19, 2000 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe Director of Community Activities Recreation and Services" SUBJECT: Parks and Recreation Commission Recommendation At their meeting last evening, the Parks and Recreation Commission discussed the request from Fair Oaks Elementary School for financial assistance related to replacement of playground equipment. After some discussion, the Commission unanimously passed a resolution recommending the City Council deny the request for financial assistance. • The Commission noted that, although they are supportive of joint ventures, they did not wish to recommend funding a project that was outside the City boundaries, was not adjacent to current park property and that would displace an improvement that is currently programmed as part of our long range Capital Improvements Plan. Please let me know if you have any questions or would like additional information. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer C District FAIR OAKS ELEMENTARY SCHOOL 5600 65th Avenue North EEC 279 Brooklyn Park, MN 55429 • OSSEO AREA SCHOOLS ' Dean L. Refiners, Principal Telephone: (612) 533 -2246 December 20, 1999 Mr. Jim Glasoe Director of Community Activities, Recreation & Services City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Glasoe, This is a letter requesting financial support from the City of Brooklyn Center for the purpose of purchasing and installing playground equipment on our school grounds. We presently have very limited equipment for students and children in the community to play on. Much of the present equipment dates back to the early 60's. This fall we removed several pieces of equipment to address safety issues. A la round committee composed of parents, Fair Oaks staff and District p Yg p 279 representatives developed the attached plan. The school grounds are used by students and families who reside in Brooklyn Park and Brooklyn Center. For this reason, we request financial assistance from each city. Our PTO has raised nearly $10,000. District 279 has made a commitment of $20,000 ($10,000 for handicap compliance regulations, $10,000 for playground equipment/installation). We are asking support in the amount of $7,500 from each city. In addition to these sources of funding we are seeking funding from outside grant sources and the business community. We believe this playground will be an asset to both communities and an important resource for our students. Sincerely, A-4-91 Dean Reiners Principal INDEPENDENT SCHOOL DISTRICT 279 (Osseo Area Schools) $ent by: EARL F. ANDERSEN 612 884 5619; 12/08/99 10:00; ) dfj #819;Page 2/3 QUOTATION Earl F Andersen TO: Fair Oaks Elementary School Date: 08- Dec•99 5600 65th Avenue North File No. 5281DOIAOD Brooklyn Park, MN 55429 Form: OQSR909 Attn: Liz Jones From: Phone: 533 -2246 EARL F. ANDERSEN, INC. Fax: 533 -2247 9808 James Circle Bloomington, IVIN 55431 Project: Per Drawing C5281 D1 West Play Area Fair Oaks Elementary School Phone: (612) 884 -7300 Structure & Indep. Items w/o Swing Included Fax: (612) 884 -5619 _ wI ipti =.- —..... Price Extension unit Description ._.: _ -- - - - - - _ ..- ....�:�: 1 Lump Sum Custom Playstructure & Equipment By LSI $19,160.00 $19,160.00 Per Attached Component List 1 Lump Sum Equipment Installation By EFA $5,700.00 55,700.00 Price Includes Concrete For Footings Border or Container is Not Included in this Quotation 1 l Loose Aggregates Materials are Not Included in this Quotation t Excavating and Grade Work are Not Included in this Quotation i i Ql$ L31MF14 FOR T1NKNOWN t_Q NDITIONC• The fgIlowini disclaimer agpjies only When ins nllntian is ,noted. This quotation is based on the area being free of all debris such as, but not limited to the following: " Concrete footings or blocks of any type. * Bedrock or rocky conditions of any type. * Tree stumps, trcec, tans, bottles, metal or any other debris. • Utilities requiring any holes to be dug by hand. " If area is not accessible to a bobcat and other equipment necessary for installation. * If wate casts in site area or footings after they are du " Or any other unknown conditions not listed or visible. Prices Good For 30 Days Equipment Tax is Included in Installation Price Sub Total $24,86D.00 Tax Included Job Completion Date: Summer 2000 Equip. Frt. $180 90 Prices Based on Labor Without Prevailing Wages Other Signed By_ �ctvc �- _ Total $25,040.90 • Dave Owen Sales Consultant 9808 James Circle • Bloomington, MN 55431 • Phone: 612- 884 - 7300 1 -900 -862 -6026. Fjix: 612 -1184 -5610 e -mail: porkandrecinfo @etit -mn.com OR trafticinfoCc ef mn.c;vm EEO /AA Sant by: EARL F. ANDERSEN 612 884 5619; 12/08/99 10:00; jaLFjuL_ #819; Page 3/3 C91207AD, C5281 D1A, West Play Area, Fair Oaks Elam., Brooklyn Park f ODE QTY ITEM DESCRIPTION A 1 111404B 140" Post Alum For 64" Deck B 13 111404C 132" Post Alum For 56" Deck C 1 111404D 124" Post Alum For 48" Deck D 2 111404E 116" Post Alum For 40" Deck E 2 111404F 108" Post Alum For 32" Deck F 3 111404Y 172" Post Alum For 96" Deck G 1 123320B Curved Transfer Module to 40 ", Left Hand, DB H 3 111228A Square Tenderdeck, Brown Only 1 5 111231 A Triangular Tenderdeck, Brown Only J 3 121948A Kick Plate For 8" Rise, Brown Only K 1 115229A Finger Maze Panel (2 -Color Permalene) L 1 115244A Pipe Barrier M 1 124853G SlideWinder Poly Slide, 96" Deck N 1 123393B Firepole, 48" & 56" Deck O 1 122570B Cliff Climber, 56" Deck P 1 116247B 32" Permalene Vertical Ladder Q 1 123284E Wiggle Ladder, 64" Deck R 1 122534C Stationary Cyders, Pedals and Handles, No Post S 1 123824A Triple Ring Fling. 24 "or 32" Deck To Ground T 1 1114698 Horizontal Ladder, Max 32" Decks U 1 111471 A Horizontal Ladder Support, Z' Beam V 1 111467B Ring Bridge, w /(2) 2" Crossovers, 32" Max, Bm Rings W 1 112465A Track Ride, 18' No Sup. 2 Crossovers, Max 16" Deck • X 1 120873A Disc Challenge, 84" Length, Max. 40" Decks Y 3 111275A Hand Loop Assembly Z 2 111357A Chinning Bar, 1 Alum Post AA 1 117961A Spring Ring, (Brown Ring, DB Only) AB 1 100042A Drop Shot • REDUCED CO NOT SCALE I C5481MI Comm MOSES ` IE7o.MAI m 1MT ��e+�ee��, r.�w, w1t� r!�;� /''� � i- rr-�.- (''�T•.+ 4°°v. `ru"INXTM Im 7-10 tQ R • 1! e7i, 1 �° .�s�'<`` I ;.in �.F:Pi;;y' , � . . .,.�, }''!. %i q °r ..1.. 1 8 ^F! 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M or on 16 WE m W° a, u ia poi s w. 56 u� wawnaur ling 64 48 72 40 I 96 www 1"w � \ r Navin RM ec (4) \\ VAMw ^ s PROPOSE • C5281 D1 B 12/6/99 SCALE: 1" = 10' -0" L/�IJ I 114 1 11 VLV PIVVLJJ I in 11 I J PROPOSED ACCESS PAVED A - -- r---------------- - - - - --1 ( A_ \ l �i w' �e �.'m I ZEN lip rs m �rQ J \` \\ �. e mum Wall Savor MVP I `1 +� ■ vor - - - -��/ L- - - - - -J WOOD FIBER SYSTEM PROPERTY LINE 0 C5281 D1 S 12/6/99 SCALE: 3/1-6" = 1' -0" A I N —� WHEELCHAIR ACCESSIBLE i-' SYNTHETIC RESIDENT \ \ SURFACE WITH BEVELED — — -` EDGE, 56' FALL HEIGHT AREA 95 SQ. FT. f 122915 123283 \ SINGLE U VE \ LAD CLIMBER CN N DECK / 16 48'DECK DIFF. 122534_ 123337 I STATKKW / HANDLES & PEDALS POLY , 119806 56 / 111471 SINGLE BEAM LOOP 64 48 ' HL SUPPORT HORQONTAL 12Y 111353 TRACK RIDE aP., 72 40 96 32/ 4 8 Twam Mmu 16 Q* DECK 12353e \ \ 111357 LOOP POLE 116247 C 116245 116244 I CHINNING BAR 24' DECK DIFF. PIPE PIPE BARRIER J \ 121948 PERM' LADDER GUARDRAIL ON 96' DECK / 1 r RISE KICKPLAX 16 ON 40' DECK (K.P.1) CITY. (4) \ I •: • 111357 IWHEELCHAIR ACCESSIBLE \ NRNING W SYNTHETIC RESILIENT 1 SURFACE WITH BEVELED / \ SLIDEMN ER2 EDGE, 96` FALL HEIGHT AREA 94 SQ. FT. / C5281 DB1 - GENERAL NOTES UNIT DESCRIPTION QTY { AYSTRUCTURE AREA - 2840 SQ. FT. I LAYSTRUCTURE BORDER PERIMETER 256 LIN. FT. SWING AREA - 1815 SQ. FT. SWING BORDER PERIMETER 180 LIN. FT. ADD NEW TIMBER BORDER TIER 120 LIN. FT. 2 REMOVE EXISTING BORDER — 2 TIER 124 LIN. FT. LOOSE RESILIENT MATERIAL AREA 4340 SQ. FT. DRAIN AGGREGATE (3" DEPTH) 56 TON GEOTEXTILE FILTER FABRIC 4340 SQ. FT. " __ — PRESSED TO 9 DEPTH 188 CU. YD. SOFT —STEP (14 DEPTH COMPRESSED " ) EXCAVATION — BY DISTRICT N/A CU. YD. SYNTHETIC SURFACE @ 96" FALL HGT. W/ 12" BEVEL 220 SQ. FT. SYNTHETIC SURFACE @ 56" FALL HGT. W/ 12" BEVEL 95 SQ. FT. LASE FOR SYNTHETIC SURFACE 315 SQ. FT. HARD SURFACE ADA ACCESS PATH — BY OTHERS 150 SQ. FT. This plan requires grading, play equipment requires less than a 1% slope — Above quantities may vary with grade site conditions — The above listing is bill of materials to be used for installation ONLY refer to quotation, purchase order or contract agreement. It is the manufacturers opinion that this playground design: Conforms to Current ADA (Americans with Disabilities Act) Yes [X] No[ ] * *[ ] Equipment conforms to Current CPSC Guidelines Yes [X] No[ ] ** [ ] Fall absorbing' surface conforms to Current CPSC Guidelines: laystructure and Independent Items Yes [X] No [ ] ** [ J • Yes [X] No[ ] ** [ ] Swings . * — Contact us or, see current CPSC Guidelines for recommendations - - , RIED "uCED GO NOT SCALE I C5"IDB1 GENERAL NOTES � ols�naN off 'm ,�(i,:w,n A,°�.q ! 7 '` 3 R'�✓1/��^'I'\ �'^"'� f \/^ {,?^ /T'tt /r'�. MYSOOICNIIE ANFA 7610 A R Sit' /, " .I F y. �i H *• ,i.Fi;y 7 I'" t h': ; 1 J 1 1 „ .J:'.' 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AA *.DO rJ 1 -11 s.4.1 rA.r r D A vu rrrr Apo RI 1 "1 1 � rA&w1:0-Ae —A—Y O.wr?0F >tr0 d \—EJOSi PAVED ACCESS PATH '��+� •� ePtasr1�.r:�ar.. j REMM LW NETT �' PROPOSED ACCESS PAVED ADD BORDER i 7 EMSIM BORDER - REMOVE PROP06ED BORDER r ' BORDERDE R - REMOVE ya1,41y�6ohsnd g E>oSM DOW - MAptTAIN� :m:em PEW oft All, AijW • ' , �..cyFL.a s J7!•trl64drd J9w I I I� .� I U u tl■. mod '" t r . • I all, AL db E>OSTM BORDER - MAINTAIN i \.,— PROPOSED MOOD FIBER SYSTEM . PROPERr UK Earl F. Andersen , • � - .so. d.r..41d...YSn..r. AM ..O, .nw,.,.,:....aaod F.onrdsar,0 • _._._._._._._._._._._._._._._._._..._._._._....._._._._._._._._._._._.._._._. _._._..._._._._._._._._._._._._ EAST PLAT AREA GRADES K 394 ALA, ACC6sS10Mn C1wIr FAR 5-17 ARG PLAY L9Oit"M DATE NDY, f]. 1000 5000 0001 AVL701E NORM E E MUND M AO7111110M. WIN i � 4I PLAYBOOS?F.R� xs,1sw1r..1" sralt 1�er - r-or eROalanl PARK wr e�ln 11 MI? 9. 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EFA IDw Dool PAOIi s7a aOD Lu - • " " „ "'r•'1`"` I°1w� C5281DlR i C5281 D* 12/6/99 SCALE: 1 " = 400" a i � � niro �aae• rrn 1 � tram aes� \ �. � rrro a rni meoi am raow - Boors, � �am -loot �-rs� rut xu ad.. rut Na� rr s i i 1 1 s 6 �1�0►00 � 1!t M!+ /�r�y�ry v.. ............. .-.-.-.-.-.-.-.-._.-.-.-.- .- .- .- .- .- .- ....- .- . ....._........... ...._._....._._.. ... 1 C5281 D1 B 12/6/99 SCALE: 1' " = 10' -0" 0 NEW PROPOSED BORDER EXISTING BORDER — REMOVE EXISTING BORDER — MAINTAIN-- - -�� Ism awe LLhaw I limp 56 IO�L ur 64 48 72 40 I I 96 1 imp I= aii�w e�'w ( we r owi 16 ` a:° PAO R (4) \ \ Wool r i PROPOSE .7 C5281 D1 B 12%6/99 SCALE: 1" = 10' -0" L. ^ i 11114v 1 r1VLV /1liVLJJ I P1111 I • - /- PROPOSED M Hmff mu am \ i am ": MOM W.X J WOOD FIBER ACCESS PAVED A --------------- - - - - -� lam pm sun i i .=uw i Of ---------------- - - - --� SYSTEM PROPERTY LINE • C5Q81 D18 12/6/99 ! SCALE: 3/16" 4-0 Al N. _ ` WHEELCHAIR ACCESSIBLE SYNTHETIC RESIDENT SURFACE WITH BEVELED - / --- EDGE, 56' FALL HEIGHT v \ \ AREA 95 SQ. FT. t �. ..� 1229 E W 123283 / SINGLE WAVE 56' DECK CUMBER 16 48 DECK DIFF. r CHIN LADDER ;4 122534 113337 / HANDU0 & PEDALS ! PO Y�SLIDE LOOP �L111471 r 1 64 56 48 / / ACK RI / TRAICK RIDE Kri I 72 40 96 32 �4 S TRANSFER MODULE 16 ' 40' DECK 123538 1 \ f, 111357 LOOP POLE 116247 116245 116244 I \ CWNING BAR 24' DECK RIFF. PIPE PIPE BARRIER J 121948 PERM. LADDER GUARDRAIL ON 96' DECK \ B' RISE KK2MTE 16 ON 40' DECK (K.P.1) Q1Y. (4) \ 111357 WHEELCHAIR ACCESSIBLE I \ TURNING BAR SYNTHETIC RESIDENT \ 124863 SURFACE WITH BEVELED / \ SUDEWINDER2 EDGE, 96' FALL HEIGHT \ AREA 94 SQ. FT. / C5281DB1 DESCRIPTION GENERAL NOTES QTY PLAYSTRUCTURE AREA _ PLAYSTRUCTURE BORDER PERIMETER SWING AREA SWING BORDER PERIMETER ADD NEW TIMBER BORDER — 2 TIER REMOVE EXISTING BORDER — 2 T IER LOOSE RESILIENT MATERIAL AREA DRAIN AGGREGATE (3" DEPTH GEOTEXTILE FILTER FABRIC SOFT —STEP (14" DEPTH — CO MPRESSED TO 9" DEPTH) EXCAVATION — BY DISTRICT SYNTHETIC SURFACE @ 96" FALL HGT. W/ 12" BEVEL SYNTHETIC SURFACE @ 56" FALL HGT. W/ 12 ". BEVEL BASE FOR SYNTHETIC SURFACE 2840 256 1815 180 120 124 4340 56 4340 188 N/A 220 95 315 HARD SURFACE ADA ACCESS PATH — BY OTHERS 150 UNIT SQ. FT. LIN. FT.� SQ. FT. LIN. FT. LIN. FT. LIN. FT. SQ. FT. TON SQ. FTC CU. YD. CU. YD. SQ. FT. SQ. FT. SQ. FT� SQ. FT. This plan requires grading, play equipment requires less than a 1% slope — Above quantities may vary with grade site conditions — The above listing is bill of materials to be used for installation ONLY refer to quotation, purchase order or contract agreement. _ It is the manufacturers opinion that this playground design: Conforms to Current ADA (Americans with Disabilities Act) Yes [X] No[ ] * *[ ] Equipment conforms to Current CPSC Guidelines Yes [X] No[ ] * *[ ] Fall absorbing surface conforms to Current CPSC Guidelines: Playstructure and Independent Items Yes [X] No[ ] ** [ Swings Yes [X] No[ ] ** [ * * — Contact us or, see current CPSC Guidelines for recommendations— • City Council Agenda Item No. 10e City of Brooklyn Center Office of the City Clerk A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: January 20, 2000 SUBJECT: Mayoral Appointment to Housing Commission Housing Commission (one vacancy) The Housing Commission is composed of a chairperson and eight members. One vacancy exists with a term expiration of December 31, 2002. Notice of vacancy on the Housing Commission was published in the Brooklyn Center Sun -Post on December 8, 1999. Notice was posted at City Hall and Community Center and aired on Cable Channel 37 from November 29, through December 30, 1999. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City • Clerk if they are interested in applying for the commission. They were given the choice of either reapplying or having their application previously submitted considered. Notices were also sent to current advisory commission members. Attached for City Council Members only is a copy of the applications received: Stanley Leino 7118 France Avenue North Dennis Snook 5836 Halifax Avenue North A letter was sent to the applicants notifying them that their application for appointment would be considered at the January 24, 2000, City Council meeting. Other attachments include: 1) Procedures for filling commission vacancies adopted by the City Council on March 27, 1995. 2) Memorandum from Mayor Kragness indicating her nomination. 3) Housing Commission geographical distribution of current members and applicants. 4) City advisory commission bylaws and City Council Resolution establisa ing Housing Commission duties and responsibilities. Recommended Council Action: Motion by Council to ratify the Housing Commission nomination by Mayor Kragness with term S expiring December 31, 2002. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • City of Brooklyn Center Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3/27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City p pp Y Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. PROCEDUR.CC 3 City of Brooklyn Center Office of the Mayor A great place to start. A great place to stay. • MEMORANDUM TO: Councilmember Debra Hilstrom Councilmember Kay Lasman Councilmember Ed Nelson Councilmember Robert Peppe FROM: Myrna Kragness, Mayor DATE: January 20, 2000 SUBJECT: Housing Commission Appointment As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of Dennis Snook, 5836 Halifax Avenue North, to the Housing Commission with term expiring December 31, 2002. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center Housing Commission - Geographical Distribution (Chairperson and Eight Members) Current Members January 20, 2000 Neighborhoods hoods ,> h � Current Members Southeast Donald Arm 2340 Brookview Drive Northeast Kathleen Carmody 7024 Knox Avenue North Lloyd Deuel 1606 72nd Avenue North Muhammed Okoya -Lawal • 6910 Humboldt Avenue North Northwest Stanley Leino Ernie Erickson 7118 France Avenue North 6800 Drew Avenue North West Central Dennis Snook James Lano 5836 Halifax Avenue North 6424 Indiana Avenue North Michael VonDelinde 5312 Boulder Lane Central Mark Yelich 6018 Beard Avenue North Southwest • CITY OF BROOKLYN CENTER COMMISSION BYLAWS Adopted: June 22, 1987 Amended: March 27, 1995 Pursuant to the following resolutions relating to and providing for the establishment, appointment, organization, and responsibilities of the Brooklyn Center Drug Awareness, Financial, Housing, Human Rights and Resources, Park and Recreation, and Planning Commissions, the City Council does hereby adopt these bylaws and rules for the conduct of their affairs. COMMISSION RESOLUTIONS Financial 91 -115, 92 -99, 92 -168, 95 -78 Housing 73 -140, 75 -97, 77 -22, 87 -131, 92 -136, 95-95 - 79 Human Rights and Resources 68 -44, 69 -35, 71 -211, 74 -68, 87 -132, 92 -135, 93 -76, 95 -80 Park and Recreation 73 -25, 77 -52, 87 -133, 92 -137, 95 -81 Planning 87 -87, 87 -134, 92 -134, 95 -82, and Ordinance 35 -201 Article I. Officers Section 1. Personnel The officers shall consist of a Chairperson and Vice - Chairperson. Section 2. Duties The Chairperson shall preside at all meetings and shall appoint Ad Hoc Committee members and Ad Hoc Committee Chairpersons. The Vice - Chairperson shall be appointed annually by the Chairperson and shall perform such duties as may be assigned by the Chairperson, and shall assume the Chair in the absence of the Chairperson. Article II. Meetings The Commission shall hold regular meetings. Special meetings may be called at any time by the Chairperson upon sufficient notification to all Commission members. Article III. Quorum A quorum shall consist of a majority of the members of the Commission. • Article IV. Attendance Three consecutive unexcused absences from duly alled Commission meetings or unexcused Y g absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. Article V. Minutes Minutes of each regular meeting, in writing, shall be provided to each Commission member prior to the commencement of the succeeding regular meeting. Article VI. Ad Hoc Committees Section 1. Structure The Commission may create Ad Hoc Committees to investigate those areas where problems relative to the Commission's purpose are recognized. Section 2. Membership Each Ad Hoc Committ , _e shall have a Chairperson, who shall provide regular interim reports on the progress of the Ad Hoc Committee. A final report to the Commission must be submitted. • Article VII. General Provisions No member of the Commission or its Committees shall be authorized to speak on behalf of the Commission publicly, unless the Commission has first considered and approved such statements. Article VIII. Parliamentary Authority Robert's Rules of Order Newly Revised shall be the governing authority for all meetings of the Commission and for its committees. Article IX. Amendments These bylaws may be amended by a four - fifths vote of the City Council. • • RESOLUTION NO. 73 -140 RESOLUTION NO. 75 -97 RESOLUTION NO. 77 -22 RESOLUTION NO. 87 -131 RESOLUTION NO. 92 -136 RESOLUTION NO. 95 -79 RESOLUTION NO. 98 -13 RESOLUTION ESTABLISHING A BROOKLYN CENTER HOUSING COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the housing situation in Brooklyn Center has reached a point in its development which requires a concentrated effort in the development of housing standards to protect the quality of life in the community; and WHEREAS, Brooklyn Center shows the beginning of some housing deterioration and it is a common fact that deterioration can quickly reach a point where repair is no longer feasible and deterioration will then spread to the entire neighborhood causing blight; and WHEREAS, for a housing program to be successful, it must involve citizen participation to tailor the program to the citizens of Brooklyn Center; and • WHEREAS the City f Brooklyn re community, ty oklyn Center being a progressive co unity, commit itself to the maintenance of quality housing for its citizens. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory Housing Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Housing Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to housing. Subdivision 3. PURPOSE: The general purpose of this Commission shall be to afford citizen input in the development of a housing program to supplement the activities of the City Council. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: • 1. Advise, investigate and review relevant matters for the City Council. • 2. Develop an overall plan for housing in line with the comprehensive plan for Brooklyn Center and the needs of the metropolitan area. 3. Serve as a forum for the citizens of Brooklyn Center to voice their opinions regarding housing matters. 4. Work closely with the Planning Commission and all other commissions on matters regarding housing. 5. Work with the neighborhood advisory committees of the Planning Commission to understand the housing needs of each area of Brooklyn Center. 6. Develop and recommend standards for occupancy and maintenance of housing for the community. 7. Study the feasibility of establishing an occupancy permit program in conjunction with a housing maintenance code in Brooklyn Center. 8. Investigate new and innovative concepts in housing for the community. 9. Develop and recommend programs which will provide quality housing for low and moderate income citizens. 10. Develop and recommend a rehabilitation program as needed for existing housing in Brooklyn Center, especially for major maintenance and energy modernization projects. 11. Understand the financial resources available to the citizens in Brooklyn Center as it relates to housing. 12. Investigate all housing programs in terms of life safety. 13. Provide education seminars for the citizens of Brooklyn Center in matters of housing. 14. Serve as the initial review and advisory body for the Board of Appeals regarding contested compliance orders pursuant to the Housing Maintenance and Occupancy Ordinance, Sections 12 -1202 and 12 -1203. • -2- -T— I • 15. Assist the Planning Commission in reviewing and discussing a redevelopment policy for the City of Brooklyn Center, and make recommendations to the City Council with regard to redevelopment in the City. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and eight (8) members, all of whom shall be appointed and serve as set forth in Subdivision 6. Subdivision 6. MEMBERS METHOD OF SELECTION —TERM OF OFFICE — REMOVAL: Chairperson: The Chairperson shall be elected by majority vote of the Housing Commission membership. The election shall be conducted at the Housing Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Housing Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Housing Commission membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Commission; 2. Appear or appoint a re t r necessary, before City pp pp presentative o appear, as ec ary, b y advisory commissions and the City Council to present the viewpoint of the Commission in matters pertaining to housing, as it relates to business under consideration by said commissions or City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Housing Commission of matters relevant to housing; 4. Provide liaison with other governmental and voluntary organizations on matters relevant to housing. Vice Chairperson: A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office: Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three -year terms, except that any person appointed to fill a vacancy • occurring prior to the expiration of the term for which his or her predecessor was -3- appointed shall be appointed only for the remainder of such term. Upon expiration • of his or her term of office, a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Qualifications for Membership: Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the housing function. Renresentation Requirements: Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 11, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. • Conflict of Interest: No Commissioner shall take part in the consideration of any matter wherein he or she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his or her interest might reasonably be expected to affect his or her impartiality. Initial ADnointment: The Commission under this resolution shall become effective September 1, 1973, and shall consist of three members appointed for a term through December 1974, three members appointed for a term through December 1975, and three members appointed for a term through December 1976. Resignations— Removal from Office— Vacancies: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City Council liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; -4- 2. Vacancies shall be announced in the City's official newspaper; • 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City PP P Y Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. Compensation: Commissioners shall serve without compensation. _ p Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairperson during October 1973. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the commission as may be assigned by the Chairperson or the City Manager. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his or her Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. -5- • Subdivision 11. NEIGHBORHOODS: Neighborhoods Described: Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI -94; and on the west by Shingle Creek. Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI -94; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI -94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. West Central Neighborhood: The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI -94; and on the west by the west city limits. Central Neighborhood: The Central neighborhood shall be bordered on the south • by County Road 10; on the east by Shingle Creek; on the north by FAI -94; and on the west by Brooklyn Boulevard. Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. Neighborhood Advisory Committees: Commissioners shall be assigned by the Chairperson as liaison to neighborhood advisory committees of the Planning Commission. It will then be a responsibility of each neighborhood advisory committee of the Planning Commission to review housing matters and present the neighborhood attitudes and opinions on general and specific housing programs directly affecting that neighborhood. • -6- RO N:•Y +o �. ' / •isN.Y4 7CL•�/•.f'� / � � �.••, ►:=. � iir �S t Itirl � ! !; ---- iii _ .,.•. ,.,.,., ..� iii �'�•�'••• ❖•'�' � ■ �,;. `iiii :_...�. liiii ��ni:� lii� ■ �; liiil ! ! l,JY ■ .:�:.:.. •:• J ..- - 11112 I rte � i � r► �::�•�;� `��w.r r E t • f City Council Agenda Item No. 10f January 20, 2000 • MEMO TO: Michael J. McCauley, City Manager FROM _ ne A. Chambers, Assistant City Manager SUBJECT: Y2k Outcomes This memo is a brief overview of Y2k outcomes. Specific departmental related information is being provided by Public Works and Police. The City undertook to prepare for Y2k by following the guidelines established by the League of Minnesota Cities. I have in my office a binder containing records of meetings attended, information gathered, and Y2k coordination committee minutes. I have a binder of information logs prepared by our consultant who performed Y2k review services for all computer and electronic equipment. This information will be maintained for future reference. On March 29, 1999, I reported to you an assessment of the City's readiness for Y2k. That memo basically stated that the following three areas needed to be addressed. I have included below the area to be addressed, and the actual Y2k outcome that took place between the end of March, 1999 and through January 1, 2000: • ► Preparation of Public Information to inform citizens about Y2k. Our public information efforts included several newsletter articles. In December, a map showing where City personnel could be located in case of a power and communication black -out on New Year's Eve was included as part of the newsletter. I received less than 20 phone calls over the course of year about Y2k concerns, and was able in each instance to direct the citizen to the information we had prepared at the time. The last communication containing the maps and locations of assistance appear to have been particularly reassuring to people who called me at the end of December. ► Completion of contingency planning so that city staff could respond to any Y2k related emergency. Our contingency planning included two different emergency plan reviews and updating of the emergency operations manual. In addition, some staff were given CPR training reviews. ► A list of update actions that needed to be taken to assure Y2k compliance in all equipment. All equipment was reviewed for compliance, and those items that still had not been updated as • of March, 1999 were included in my memo as needing action. Staff was able to address all of • the equipment update needs before the close of the year. All of the City's equipment functioned at the turn of the century. There was one set of equipment, the lap -tops in police squad cars, that remained without a necessary hard -ware bios update until late in December, but the update was completed in time to assure operation on New Year's Eve. Several other Logis cities experienced some problems with the upgrade of the squad car lap -tops. Overall, the transition proved to be a fairly uneventful evening. Although the City did expend considerable time, energy, and funds in preparing for Y2k, we assured that the transition did go smoothly, and we were prepared to meet emergency demands if they had occurred. Benefits gained from the preparation efforts include: ► An updated and comprehensive inventory of all computer and electronic equipment, including both hard -ware and soft ware items. This inventory includes the name of manufactures of equipment and suppliers. This information may well prove helpful in the future. ► A house - cleaning type effort of all electronic equipment. Hard -ware and soft -ware items no longer used or needed were eliminated from our system. ► The updating of the Emergency Operations Plan. Employees had an opportunity to review the plan and to become knowledge about its contents and provisions. ► Development of an emergency response method for lack of communications ( placement • of city personnel at key locations). The plan for New Year's Eve can be implemented again as needed in an emergency, and is known to City staff as an alternative should we experience a communication's black -out. ► Review of critical systems took place as part of Y2k planning. Discussions at the Y2k committee amongst department heads helped everyone to better understand the services and delivery systems of city departments. This review raised issues about how we do business and engaged us in helpful discussions about alternatives. Again, this knowledge may prove useful in emergency situations related to weather or other conditions. • C.itp n! LYN BR OOK CENTER Public Works Department • HX MEMORANDUM Engineering m TO: Jane Chambers, Assistant City Manager Streets APO FROM: Diane Spector, Director of Public Works Parks SUBJ: Y2K Report Public DATE: January 20, 2000 Utilities 8 Central Garage Public Works experienced no Y2K related problems. The SCADA system worked properly, and all vehicles, equipment, and computer equipment worked properly. Watershed On New Year's Eve, several Public Works staff were on duty at the Garage, including Management the Public Works Superintendent, the Streets and Parks Supervisor and the Public Utilities Supervisor, two utility crew members, a mechanic, and one crew member each from the streets, parks, and traffic control divisions. An additional person from each division was on call that evening. All our fuel tanks had been refilled within the previous week, all the generators were on standby, and we had adequate portable signage ready to control all the major intersections should the traffic signals not be functioning. I was available at home by portable radio. The only incident responded to was a call to assist a police officer in changing a tire. Fortunately, none of our preparations was needed, and operations were wrapped up shortly after 12:30 am. As of this date, no subsequent Y2K related problems have been encountered. • ��pOKtYN CrF9 BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Joel Downer DATE: January 19, 2000 SUBJECT: Y2K Report The Brooklyn Center Police Department responded to potential Y2K problems by limiting employees time off from December 26, 1999 through January 3, 2000. There were no significant reports of incidents related to computer problems, civil disorder, or crimes of opportunity due to the large amount of cash held by banks and the public in general. The Brooklyn Center Police Department public safety communications system was checked minutes after midnight on January 1, 2000. All telephone prefixes were checked for 911 • compatibility and all were determined to be in service. There was no dial tone delay experienced in Brooklyn Center. The Brooklyn Center Police Department increased staffing levels to meet anticipated increases in police service due to loud parties, disturbances, and power outages. 19 police officers, two detectives, four dispatchers, four sergeants, two captains, the administrative manager, and the chief of police were on duty during the evening. The total cost of overtime was approximately $5,000. There were 52 calls for service during the night shift which is 10:00 pm, December 31, 1999 to 6:00 am, January 1, 2000. This is approximately twice as many calls as normally expected on a weekend night shift. Officers also made three DWI arrests on the New Year's Eve night shift. The only significant computer related problem was that the mobile computing devices in the squad cars were not Y2K compliant. Logis made a repair to all units on December 31, 1999 which has allowed the police department to keep the mobile computing devices in service. JD:kh • • City Council Agenda Item No. 10g f • MEMORANDUM DATE: January 19, 2000 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer �dK SUBJECT: Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2000 -01, 02, and 03, Garden City Central Street, Storm Drainage, and Utility Improvements A feasibility report and preliminary design have been completed for the above referenced project. The project was previously established by the City Council in August of 1999, and one informational meeting has been conducted with residents and property owners since then. An informational meeting scheduled for January 19, 2000 at Garden City Elementary has been postponed to January 26 due to the closure of school facilities as a result of heavy snowfall on the 19th. The attached feasibility report provides a detailed breakdown of specific proposed project work items and costs. The total project cost at this time is estimated to be $4,195,085. Funding sources for the project • are proposed from a variety of sources as anticipated in the 2000 budget and CIP, and as described in the feasibility report. The feasibility report includes a cost estimate that is preliminary at this time. The preliminary estimate includes a 10% contingency. We believe that available funds will be adequate to cover the costs of the project. In addition to the informational meetings, mailings have been sent twice to all property owners in the area, including surveys requesting input from residents on the project and various issues. A summary of the survey responses is attached. The informational meeting already held in November was generally very positive in nature with the majority of questions and concerns relating to specific construction related issues. It is recommended that the City Council approve the attached resolution to receive the Engineer's Feasibility Report, and to schedule a public hearing to consider approval of the project for February 28, 2000. • I - Member introduced the following resolution and moved its . adoption: RESOLUTION NO. _ RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2000 -01, 02, AND 03, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council has previously directed the preparation of an engineer's feasibility report regarding proposed improvements to the streets, storm drainage system, and public utilities in Garden City Central as described in said report, and; WHEREAS, the City Engineer has prepared said report, and recommends that the proposed improvements be considered; and WHEREAS, costs have been estimated for these proposed street, utility, and storm sewer improvements; and WHEREAS, it is proposed to assess a portion of the cost of the street improvements against all properties within the project area and a portion of the storm sewer improvements within designated sections of the project area; and WHEREAS, the cost to be assessed to the properties is estimated to be: STREET IMPROVEMENT STORM SEWER IMPROVEMENT 2000 -01 2000 -02 $866,450 $288,288 I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. A ublic hearing shall be held on the 28th day of February, 2000 in the City P g Y Y> Y Hall Council Chambers at 7:00 P.M., or as soon thereafter as the matter may be heard to hear and pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. 2. The City Clerk is directed to cause a notice of public hearing to be published in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total improvement costs. • 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. =3[ City of Brooklyn Center A great place to start. A great place to stay. • 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MINNESOTA 55430 ENGINEERING: 569 -3340 FAX. 569 -3494 ENGINEER'S FEASIBILITY REPORT FOR A • G RDEN CITY CENTRAL N IMPROVEMENT PROJECT NOS. 2000 -01, 02 &03 JANUARY, 2000 I hereby certify that this feasibility report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota rC Reg. No. 17657 Scott Brink. P. E. City Engineer January 19, 2000 • Feasibility Report Garden City Central Neighborhood Page 1 OVERVIEW (see Figure 1) • These proposed projects include roadway and utility improvements for the Garden City Central Neighborhood, more specifically all public streets as shown in Figure 1. The general improvement area consists of the following streets: All streets located east of Xerxes Avenue, west of Central /Garden City Park, south of I -94 and north of 61st Avenue: All streets located within an area bounded by Brooklyn Boulevard, Xerxes Avenue, 63rd Avenue North, and 61st Avenue North, including 63rd Avenue from Brooklyn Boulevard to Brooklyn Drive. The proposed project does not include any improvements to Xerxes Avenue, Brooklyn Boulevard, or 61st Avenue North. Estimated costs for the new street improvements are included on the attached cost spread sheet(Figure 6) This report was prepared in accordance with previous direction of the City Council and that staff would conduct Public Information meetings. On November 16, 1999 and January 19, 2000, public information meetings were conducted. PRO POSED IMPROVEMENTS ,STREETS, Improvement Project 2000 -01 (see Figure 2) All of the streets in the proposed project area, with the exception of 63rd Avenue North, are classified as local residential streets, originally constructed in conjunction with utility installations in the mid to late 1950's (with the exception of 66th Avenue, which was constructed in 1980): 63rd Avenue • (between Brooklyn Boulevard and Xerxes Avenue North) is designated as a Municipal State Aid collector street under the City's Transportation Plan, meaning that state gasoline tax monies are available to assist in funding for reconstruction of that particular street. All of the existing streets are very flat, without concrete curbs and gutters. On average, the streets are 30 feet wide (with the exception of 63rd Avenue), with a pavement thickness of 1.5 to 3.0 inches. These streets are aging and showing fatigue and distress, particularly along their unprotected edges. The City's Pavement Management Program indicates that it is no longer cost - effective to routinely maintain these streets (i.e., patch and sealcoat). Complete reconstruction is recommended. With the exception of 63rd Avenue, it is proposed to reconstruct these streets as two lane roadways measuring 30 feet in width with a structural capacity for the current volume and vehicle distribution. On- street parking on both sides would continue to be allowed on all streets as existing and in accordance with the City's parking ordinances. Concrete curbs and gutters and driveway aprons would be installed as part of the improvement. 63rd Avenue (between Brooklyn Boulevard and Xerxes) would be constructed to Mn/DOT State Aid standards as required. At this time, it is recommended that 63rd Avenue North be resurfaced to match its' current width of 48 feet between Brooklyn Boulevard and Beard Avenue. Between Beard and Xerxes, it is proposed to reconstruct the street to its current width of 38 feet, which also would allow parking on both sides of the roadway in accordance with State Aid standards. 63rd Avenue between Xerxes and Brooklyn Drive is not a Municipal State Aid street, and is proposed to be reconstructed • from its existing 38 feet to a residential street width of 30 feet (parking continued to be allowed on both sides of the roadway) Feasibility Report Garden City Central Neighborhood Page 2 Traffic volumes on most of these streets are typical of local residential streets, with the exception of • 63rd Avenue which is designated as a Municipal State Aid collector street between Brooklyn Boulevard and Xerxes. Some traffic speed concerns have been expressed by some residents in the area. This is a common concern in many neighborhoods throughout the City. However, staff will continue to conduct additional traffic data collection work in the area to address specific concerns. There are no new sidewalks proposed as part of the project. Existing sidewalks within the project area are located along 63rd, Beard, and 65th. Spot repairs will be performed on these sidewalks as needed. Otherwise, no additional sidewalks or trails are included in the cost estimates. The cost estimates in this report do include a lump sum allocation ($38,000) for planting boulevard trees to replace those removed. An amount of $75,000 has also been allocated for replacement of street lights. Staff is working with NSP at this time to determine and refine a more accurate cost estimate. STORM DRAINAGE Improvement Project 2000 -02 (see Figure 3 for proposed storm sewer system) The existing storm sewer system in the project area was installed on a per development basis and is either non - existent or minimal, and is inadequate. Previously ordered hydraulic and technical studies of this drainage area have shown that additional storm sewer should be constructed to alleviate • frequent localized drainage problems. A large portion of the drainage from the Garden City Central neighborhood eventually flows to a large 66 inch diameter trunk storm sewer located between 65th and 66th. This storm line drains a significant portion of the entire west side of the City, and is undersized for significant rainfall events. As a result, a comprehensive drainage study of the west side of the City conducted by SEH in 1995 recommended that an additional trunk storm sewer be constructed to Shingle Creek along or near 63rd Avenue. Survey results received from residents also indicate some localized incidents of standing water and /or very poor drainage. A significant amount of storm sewer is therefore proposed as part of this project. Much of the storm sewer proposed for the project would consist of smaller mains and leads to pick up runoff at localized low spots. These mains would then eventually connect to the large existing trunk main located between 65th and 66th, or to a newly constructed trunk main constructed between Brooklyn Boulevard and Shingle Creek along 63rd, Beard, Mumford, and Nash Roads (see Figure 3). The total cost for these storm sewer improvements is estimated to be $973,100. Figure 3 shows a preliminary concept for storm drainage improvements to serve the project area. In addition to a new trunk main, the project design essentially provides for installation of additional storm sewers and catch basins to provide additional pick -up points throughout the neighborhood, thereby allowing streets to be regraded to provide more positive drainage, and to minimize localized flooding. This storm drainage system also includes the construction of a stormwater detention pond in Garden City Park to provide water quality treatment. • Feasibility Report Garden City Central Neighborhood Page 3 I I SANITARY SEWERS . Improvement Project 2000 -03 (see Figure 4) G All sanitary sewers in the project area (except on 66th Avenue) generally are 8 inch diameter clay pipe, installed in the 1950's. Because these sewers were constructed without gaskets in the joints, they are subject to a modest level of ground water infiltration. Often, it would not be cost - effective to eliminate this infiltration if the pipe itself were in good condition. However, while there are no capacity problems, city maintenance records, along with a televised inspection of all sewers in this area document a significant tree root infiltration problem and some structural defects in the sewer mains. Surveys received from residents also indicate various experiences with plugging of service lines that can often be attributed to root penetration of the pipe joints. The televised inspections have indicated that root infiltration is significant throughout the entire sanitary sewer system in Garden City Central (Figure 4). In particular, root infiltration and blockages are seen at the connection points between private service lines and the mains. Therefore, all sewer mains in the project area are proposed to be replaced. It is estimated that over 300 sanitary sewer services between the main and the property line would be replaced with the new sanitary sewer installation. Staff has compared costs of complete replacements vs. repair and replacement of specific problem areas only. Because of construction methods, mobilization costs, and in consideration of the final product and long term performance, it has been determined that in the long term perspective, complete replacement is more feasible. Additional information regarding sewer problems was received from property owners during the r public participation rtici ation p rocess. Based on that information and additional review of other available information, final recommendations will be made during the final design process and project cost estimates will be revised accordingly. At this time the estimated cost of sanitary sewer work as proposed is $698,540. WATER MAINS Improvement Project 2000 -03 (see Figure 5) The water distribution system in this particular neighborhood was installed in the 1950's with unlined cast iron pipe, meaning pipe that did not have the corrosion resistant lining typically provided on cast iron pipes in later years. Internal corrosion to the these types of mains over the years typically contributes to water quality problems in neighborhoods where the mains have been installed. Also contributing to the problem is the hardness and high iron and manganese contents of the City's water. Water quality problems are often also a result of the type of internal piping installed within individual homes. Nevertheless, surveys returned to the City have indicated a very significant number of complaints relating to water quality. In response, the City proposes to replace all unlined cast iron pipes with newer ductile iron piping. While the replacements will probably not eliminate all water quality related complaints, a significant improvement overall is expected. The City performed a similar main replacement in the Orchard West neighborhood in 1997 and indications suggest that an overall general improvement did result. Water pressures throughout the system are adequate. However, in some instances, water may become • stagnant in certain areas as a result of poor circulation, and thus contribute to the water quality related Feasibility Report Garden City Central Neighborhood Page 4 problem A computer model of the City's entire water system has been developed and can pin point areas i where circulation improvements may be needed. When identified, deficiencies can often be corrected by hanging the sizes of certain mains to push and circulate water through aced stem more thoroughly. We �lierefore anticipate changing the sizes of some mains while they P In addition, leaky valves, and aging hydrants would be replaced as part of this work. The cost of this water � system work is estimated to be $810,200. ESTIMATED COSTS AND FUNDING CONSIDERATIONS (see Figure 6) The total estimated cost for the proposed project is $4,195, 100. A detailed breakdown of this estimate, as well as funding sources are explained as follows in this report and attachment. Costs and Funding for Street Im r v menu. Pr�jecx Np. 2000-01, The estimated cost for roadway improvements for all streets in this project area (Led costf or those al State Aid), is $1,521,800. If street lighting improvements are included, the estima roadway improvements is $1,596,800. ecial assessments for street improvements in accordance with the rates adopted It is proposed to levy s p provide by the City Council on November 8, 1999. The rates adopted by city propertyl except for a standard 2000 residential street assessment rate of $2,180 p erties on 66th Avenue. The improvements to be constructed on 66th (mill and overlay with spot P ro P curb repairs) are about 73 % of the average cost of full reconstruction imVe property. rates proposed to assess those properties a dent of al d roperties as shown 593 shown in Figure 1. On this basis it is would be assessed to all benefitted r P estimated that special assessments totaling $866 would be levied for street improvements. r n Fundin f r m n rraina Svc m Improvem Project No. 2000 - 02 imp rovemen t s within the ides the cost Central t rm. sewer The total estimated cost for storm drainage Neighborhood area(Local and State Aid Streets) is $973,100. This incl construction throughout the project area. improvements in accordance with the It is proposed to levy special assessments for storm drainage 1999. Application of this rate to properties rates adopted by the City Council on November 8, efitted by these improvements will result in estimated spec to 66th 710 per single ial assess Avenue, ben and the properties am residential unit. There will be no storm drainage improvements drain to Mn/DOT right of way. will not benefit from the regional improvements because they 66th Avenue properties. The total cost Therefore, no storm drainage assessments are proposed for the to be assessed would be $288,288. The Storm Drainage Utility cons truction would on 63rd Avenue amount of the remainder of the storm sewer costs. Storm sewer be eligible for State Aid funding Feasibility Report Garden City Central Neighborhood Page S Costs and Fundin for Sanitary Sewer and Water M ;f in Improvements. Project No. 2000 -03 The estimated cost of sanitary sewer repairs and /or replacements is $760,990 and the estimated costs for water main repair and /or replacements is $864,220. As previously noted, these cost estimates are preliminary at this time. However, all such costs would be funded by their respective utility funds, in accordance with established policy for such improvements. Recommended 2000 Project Schedule January 24 City Council receives feasibility report and calls for public hearing February 28 Public Hearing, City Council may authorize the project and order preparation of plans and specifications March 13 Approve plans and specifications, authorize Ad for Bids April 5 Bid opening April 10 City Council awards contract April 19 Preconstruction conference April 24 Start construction September 11 Special Assessment Hearing September 30 Substantial completion Conclusion The overall condition of the City's infrastructure system (streets, sewers, utilities) is critical to the operation, safety, welfare, and economic health of the entire City. As a result of the infrastructure needs described, and the proposed solutions and estimated costs described in this report, the proposed project is considered to be necessary, cost effective, and feasible. Scott Brink, P. E. City Engineer Reg. No. 17657 Feasibility Report Garden City Central Neighborhood Page 6 � � � ^ TY QF,BRQQKLYN CENTER Wj NTR PENDING SPECIAL'ASSESSME ARDEN CITY CENTRAL NEIGHBbAkb � 34-119-21-41-0002 3006 63RD AVE N $2,180.00 $710.00 34-119-21-41-0003 3012 63RD AVE N $2,180.00 $710.00 34419-21-41'0004 3O18G3RD AVE N $2,180.00 $710.00 34'119'21-41-0005 31OOG3RO AVE N *2.18010 $710.00 34'119-21'41'0006 31OGS3RD AVE N $2.180l0 $710l0 � 34'119-21-41-0007 311283RD AVE N ' $2.180.00 $710.00 34'119-21-41-0008 3118G3RD AVE N $2.180.00 $710.00 34-119-21-41-0009 32UU83RD AVE N $2.180'00 $710.00 34'119'21-41'0010 32DGG3RD AVE N *2.180.00 *710.00 34-1iQ-21-41-UO11 3212G3RD AVE N $2.180.00 $710.00 34-110'21-41-0012 3218G3RO AVE N $2.180.00 $710.00 34-119-21'41-0013 33U0G3RO AVE N $2.180.00 $710.00 34'119'21~41-0014 33OG83RO AVE N $2.180.00 $710.00 34-119'21-41-0015 3312G3RO AVE N $2.180.00 Q710.00 34410-21-41-0016 331803RO AVE N $2,180.00 34-119-21,42- 0 030,` G3n�R j��/�'� ����'.��������4�, �'!�`�;' 34'119-21-43-0010 34D1G3RD AVE N $2.180I0 $7i0�0 34'119-21-43'0011 G23i BEARD AVE N *2.180.00 $710.00 34-118-21'43-0012 G225 BEARD AVE N $2.180.00 *710.00 34-119-31'43'0013 O21Q BEARD AVE N $2.180'00 $710.00 34-119-21-43'0014 6213 BEARD AVE N *2.180.00 $710.00 34419'21-43'0815 8212CHOVVEN AVE N $2.180.00 *710.00 34-119-21-43'0016 G2i8CHOVVEN AVE N *2.180.00 $710.00 34419'21'43-0017 G224CHOVVEN AVE N $2.180.00 $710.00 34'119-21-43-0018 833UCHOVVEN AVE N $2.180.00 $710.00 34419'21-43-0019 82�6 6HOVVE0 AVE N $2.180.00 $710.00 34-119'21-43-0020 35Q1G3RD AVE N $2.180.00 $710.00 34'119'21'43'0021 G231CHOVVEN AVE N $2.180.00 $710.00 34'119-31-43'0022 G225OHOVVEN AVE N $2.180.00 $710'00 34419-21-43-0023 G21QCHOVVEN AVE N $2.180.00 $710'00 34-119-21'43-0024 S2O7 BEARD AVE N $2.180'00 *710'00 34'119-21'43-0026 34OO�M AVE N *2.180.00 $710'00 - 34'119-21-43-0028 3412GDND AVE N $2.180.00 $710.00 �4419'21-43'0027 G3U6CHOVVEN AVE N s2.180.00 $710.00 34'119'21-43-0028 O2OTCHOVVEN AVE N *2.180.00 *710.00 34'119-31-43-0029 35ODG2ND AVE N *2.180.00 *710.00 34-119-21-43-0030 O2OO BROOKLYN BLVD *2.180.00 $710D0 34-119-21-43-0032 34O1G2NO AVE N $2.180.00 $710.00 34-119-21-43'0033 34U7O2ND AVE N $2.180.00 $710.00 34'119-21'43'0034 34i3G2ND AVE N s2.180.00 $710.00 34419'21'43'0035 35O18ONO AVE N �2.18O.00 $T1O�OO 34-119-21-43-0036 35O7G2ND/A/EN 180.00 $710.00 34419-21-43'0037 6142 BROOKLYN BLVD $2,180.00 *710'00 34'119-21-43-0039 G137 BEARD AVE N *2.180.00 n710'00 34-11Q-21-43-OO4O 0213OHVVEN/A/EN .180'DO� $710.00 � � � . 34-�| �4 ' 6189 B "� �'����'� . ��� $O � 34�' ^��.��G25OR ' ^ -wrYm' LV.r ����' � 34-119-21-43-0056 '�' '���^ '��,� ' G1OOBE�RD/�/E N� `' �� � '�� ` ` . 34r1 ',�'�`� �r�>� `G1�O---_--- ` BROOKLYIq BLVD 34-119-21-43-0062 � �'� � � 811' BEA��D:/V9E� / ��s!'!/ .'��' ' � 34'1i9_21-43'OnS3� � . :�11�BE�J�DAVEN� � � `�~ . � s1.123.25 `�,�� .`��r' 34-119-21-43-0064 � � � 0U21 BEARD AVE N '�� ` $1.123.25`. � �� ���`����$582.50 � 34-119-21-43-0065 � ' 8123 BEARD AVE N 34-119-21-44-0001 300163RD/VJFN $2,180.00' $710.00 34-119-21-44-0002 56ffb�RbAV«E N *2.180l0 $710l0 34'119-21-44'0003 3O13G3RD AVE N $2.180l0 $710l0 34-118'21-44-0004 3019 63RDAVFN $2.180.00 | $710.00 CITY OF BROOKLYNZENTER;:`,. _ °d `" " °;b v r .;1., _ : a : f PENDING ° SPECIAL" ASSESSMENT -.ROLL.` . ; , - zaio e -v o :V W3 - mr ry { GAR " CEN 'RHOOD:� DE CITY TRAL NEIGHBO .2 000 -0 L `:sue _ •s , x� 34- 11 21 -44- 0005 3101 63RD AVE N $2,180.00 $710.00 34- 119 -21-44 -0006 3107 63RD AVE N $2,180.00 $710.00 34-119 -21-44 -0007 3113 63RD AVE N $2,180.00 $710.00 34- 119 -21-44 -0008 3119 63RD AVE N $2,180.00 $710.00 34- 119 -21-44 -0009 3201 63RD AVE N $2,180.00 $710.00 34- 119 -21-44 -0010 3207 63RD AVE N $2,180.00 $710.00 34- 119 -21-44 -0011 3213 63RD AVE N $2,180.00 $710.00 34- 119 -21-44 -0012 3219 63RD AVE N $2,180.00 $710.00 34- 119 -21-44 -0013 3301 63RD AVE N $2,180.00 $710.00 34- 119 -21-44 -0014 3307 63RD AVE N $2,180.00 $710.00 34- 119 -21-44 -0015 3313 63RD AVE N $2,180.00 $710.00 34- 119 -21-44 -0016 3319 63RD AVE N $2,180.00 $710.00 34- 119 -21-44 -0017 3000 NASH RD $2,180.00 $710.00 34- 119 -21-44 -0018 3006 NASH RD $2,180.00 $710.00 34- 119 -21-44 -0019 3012 NASH RD $2,180.00 $710.00 34- 119 -21-44 -0020 3018 NASH RD $2,180.00 $710.00 34- 119 -21-44 -0021 3024 NASH RD $2,180.00 $710.00 34- 119 -21 -44 -0022 3100 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0023 3112 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0024 3200 MUMFORD RD $2,180.00 $710.00 34 -119 -21-44 -0025 3206 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0026 3212 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0027 3218 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0028 3224 MUMFORD RD $2,180.00 $710.00 • 34- 119 -21 -44 -0029 3300 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0030 3306 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0031 3312 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0032 3318 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0033 3012 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0034 3006 MUMFORD RD $2,180.00 $710.00 34- 119 -21 -44 -0035 6219 XERXES AVE N $2,180.00 $710.00 34- 119 -21-44 -0036 6225 XERXES AVE N $2,180.00 $710.00 34- 119 -21-44 -0037 3007 NASH RD $2,180.00 $710.00 34- 119 -21-44 -0038 3013 NASH RD $2,180.00 $710.00 34- 119 -21-44 -0039 3019 NASH RD $2,180.00 $710.00 34- 119 -21-44 -0040 3018 MUMFORD RD $2,180.00 $710.00 34- 119 -21 -44 -0041 6213 XERXES AVE N $2,180.00 $710.00 34- 119 -21-44 -0042 3007 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0043 3013 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0044 3019 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0045 3025 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0046 3031 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0047 3101 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0048 3107 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0049 3113 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0050 3201 MUMFORD RD $2,180.00 $710.00 34- 119 -21 -44 -0051 3207 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0052 3213 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0053 3219 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0054 3301 MUMFORD RD $2,180.00 $710.00 34- 119 -21-44 -0055 3307 MUMFORD Rn $2,180.00 $710.00 . 34- 119 -21-44 - 0056 3 313 MUMFORD RD $2,180.00 $710.00 34 -119 -21-44 -0057 3319 MI WORD R $2,180.00 $710.00 34- 119 -21-44 -0058 3318 62Nn AVF N $2,180.00 $710.00 34- 119 -21-44 -0059 3312 62M� AVF_ IV $2,180.00 $710.00 34- 119 -21-44 -0060 3366 62ND AVE N $2,180.00 $710.00 34- 119 -21 -44 -0061 3300 62ND AVF_ N $2,180.00 $710.00 34- 119 -21 -44- 0062 $2,180.00 $710.00 - CITY OF BROOKLYN. CENTER: A :PENDING `SPECIAL" . S ESSMENT., OLl'.: - ::< , ..:Waft.- 2/24/003- ���, «,'. a;�= •� y:� = 5 .., -- 'GARDE' �RPiC ©Q =.200 0 & 2 • E• N'CITY`CEN'1'RAL.NE1GkiB0 _ 34- 119 -21-44 -0063 3218 62ND AVE N $2,180.00 $710.00 34- 119 -21-44 -0064 3212 62ND AVE N $2,180.00 $710.00 34- 119 -21-44 -0065 3206 62ND AVE N $2,180.00 $710.00 34- 119 -21-44 -0066 3200 62ND AVE N $2,180.00 $710.00 34- 119 -21-44 -0067 3124 62ND AVE N $2,180.00 $710.00 34- 119 -21 -44 -0068 3118 62ND AVE N $2,180.00 $710.00 34- 119 -21-44 -0069 3112 62ND AVE N $2,180.00 $710.00 34- 119 -21-44 -0070 3106 62ND AVE N $2,180.00 $710.00 34- 119 -21-44 -0071 3100 62ND AVE N $2,180.00 $710.00 34- 119 -21-44 -0072. 3012 62ND AVE N $2,180.00 $710.00 34- 119 -21-44 -0073 3006 62ND AVE N $2,180.00 $710.00 34- 119 -21-44 -0074 3000 62ND AVE N $2,180.00 $710.00 34- 119 -21-44 -0075 3102 LAWRENCE RD $2,180.00 $710.00 34- 119 -21-44 -0076 3107 62ND AVE N $2,180.00 $710.00 34- 119 -21-44 -0077 3113 62ND AVE N $2,180.00 $710.00 34- 119 -21 -44 -0078 3119 62ND AVE N $2,180.00 $710.00 34- 119 -21-44 -0079 3125 62ND AVE N $2,180.00 $710.00 34- 119 -21-44 -0080 3201 62ND AVE N $2,180.00 $710.00 34- 119 -21-44 -0081 3207 62ND AVE N $2,180.00 $710.00 134- 119 -21-44 -0082 3213 62ND AVE N $2,180.00 $710.00 � 34- 119 -21 -44 -0083 3219 62ND AVE N $2,180.00 $710.00_ 34- 119 -21 -44 -0084 3301 62ND AVE N $2,180.00 $710.00 1 34- 119 -21-44 -0085 3307 62ND AVE N $2,180.00 $710.00 34- 119 -21-44 -0086 3313 62ND AVE N $2,180.00 $710.00 • 134- 119 -21-44 -0087 3319 62ND AVE N $2,180.00 $710.00 134- 119 -21-44 -0088 3318 LAWRENCE RD $2,180.00 $710.00 1 34- 119 -21 -44 -0089 3312 LAWRENCE RD $2,180.00 $710.00 34- 119 -21-44 -0090 3306 LAWRENCE RD $2,180.00 $710.00 134- 119 -21-44 -0091 3300 LAWRENCE RD $2,180.00 $710.00 34- 119 -21-44 -0092 3224 LAWRENCE RD $2,180.00 $710.00 34- 119 -21-44 -0093 3218 LAWRENCE RD $2,180.00 $710.00 34- 119 -21-44 -0094 3212 LAWRENCE RD $2,180.00 $710.00 34- 119 -21-44 -0095 3206 LAWRENCE RD $2,180.00 $710.00 34- 119 -21-44 -0096 3200 LAWRENCE RD $2,180.00 $710.00 34- 119 -21-44 -0097 3118 LAWRENCE RD $2,180.00 $710.00 34- 119 -21-44 -0098 3112 LAAWRENCE RD $2,180.00 $710.00 34- 119 -21-44 -0102 3001 62ND AVE N $2,180.00 $710.00 ( 34- 119 -21-44 -0103 3013 62ND AVE N $2,180.00 $710.00 34- 119 -21-44 -0104 3101 LAWRENCE RD $2,180.00 $710.00 134- 119 -21-44 -0105 3105 LAWRENCE RD $2,180.00 $710.00 I 34- 119 -21-44 -0106 3109 LAWRENCE RD $2,180.00 $710.00 34-119 -21-44 -0107 3113 LAWRENCE RD $2,180.00 $710.00 134- 119 -21-44 -0108 3117 LAWRENCE RD $2,180.00 $710.00 1 34- 119 -21-44 -0109 3121 LAWRENCE RD $2,180.00 $710.00 34- 119 -21-44 -0110 3201 LAWRENCE RD $2,180.00 $710.00 34-119-21-44-0111 3207 LAWRENCE 12D $2,180.00 $710.00 1 34- 119 -21-44 -0112 3213 LAWRENCE RD $2,180.00 $710.00 34- 119 -21-44 -0113 3219 LAWRENCE RD $2,180.00 $710.00 134- 119 -21-44 -0114 3301 LAWRENCE RD $2,180.00 $710.00 134- 119 -21-44 -0115 3303 LAWRENCE RD $2,180.00 $710.00 134- 119 -21-44 -0116 3305 LAWRENCE RD $2,180.00 $710.00 • 34- 119 -21-44 -0117 3307 LAWRENCF i? $2,180.00 $710.00 X34- 119 -21-44 -0118 3309 LAWRENCE RD $2,180.00 $710.00 134- 119 -21-44 -0119 3311 L AWRENC E RD $2,180.00 $710.00 34- 119 -21-44 -0120 3313 LAWRENCE RD $2,180.00 $710.00 35- 119 -21 -23 -0005 2806 66TH AVE N $1,593.00 35- 119 -21 -23 -0006 2812 66TH AVE N $1,593.00 35- 119 -21 -23 -0007 2900 66TH AVE N $1,593.00 . ra '...,. rc. ..;_.<., . CITY OF BROOKLYN "CENTER ..r; . -'w,. :.q .,,-: Yam, "� -' += ;; , PENDING`SPECIAL'ASSESSIkNT ROLLz GARDEN'CIlYaCENTRAL NEIGHBORHOOD:,`20.OU =0If 35- 119 -21 -31 -0001 6418 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -31 -0002 6412 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -31 -0003 6406 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -31 =0004 6400 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -31 -0005 6336 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -31 -0006 6330 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -31 -0007 6324 BROOKLYN DR $2180.00 $710.00 35- 119 -21 -31 -0008 6318 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -31 -0009 6501 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -31 -0010 2600 65TH AVE N $2,180.00 $710.00 35- 119 -21 -31 -0011 2606 65TH AVE N $2,180.00 $710.00 35- 119 -21 -31 -0012 6401 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -31 -0013 6407 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -31 -0014 6413 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -31 -0015 2601 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0001 6312 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -32 -0002 6306 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -32 -0003 6300 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -32 -0004 2612 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0005 2618 65TH AVF N $2,180.00 $710.00 35- 119 -21 -32 -0006 2624 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0007 2630 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0008 2700 65TH AVE N $2,180.00 $710.00 • 35- 119 -21 -32 -0009 2706 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0010 2712 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0011 2718 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0012 2800 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0013 2806 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0014 2812 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0015 2818 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0016 2900 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0017 2906 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0018 2912 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0019 2918 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0020 2607 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0021 2613 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0022 2619 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0023 2625 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0024 2701 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0025 2707 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0026 2713 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0027 2719 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0028 2801 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0029 2807 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0030 2813 65TH AVF_ N $2,180.00 $710.00 35- 119 -21 -32 -0031 281965TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0032 2901 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0033 2907 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0034 2913 65TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0035 6410 XERXES AVE N $2,180.00 $710.00 • 35- 119- 21 -32- 0036 6400 XERXES AVE N $2,180.00 $710.00 35- 119 -21 -32 -0037 2912 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0038 2906 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0039 2900 64TH AVF_ N $2,180.00 $710.00 35- 119 -21 -32 -0040 2818 64TH AVE N ­ $2,180.00 $710.00 35- 119 -21 -32 -0041 2812 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0042 2806 64TH AVE N $2,180.00 $710.00 CITY OF BROOKLYN CE , �. w'" ..,g•�'���� -��� ::PEND[NGSPECIAL ASSESSMENT. ROLL . w • . �'° R , C "a& 24 /00" �2i Y " : 'o -o a2 a, GA RDEN CITY CCENTRAL NEIGHBORHbO � . 35- 119 -21 -32 -0043 2800 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0044 2718 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0045 2712 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0046 2706 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0047 2700 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0048 2618 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0049 2612 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0050 2606 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0051 1 2600 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0052 16319 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -32 -0053 6325 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -32 -0054 1 6331 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -32 -0055 2601 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0056 2607 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0057 2613 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0058 2701 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0059 2707 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0060 2713 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0061 2719 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0062 2801 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0063 2807 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0064 2813 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0065 2819 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0066 2901 64TH AVE N $2,180.00 $710.00 • 35- 119 -21 -32 -0067 2907 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0068 2913 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0069 2919 64TH AVE N $2,180.00 $710.00 35- 119 -21 -32 -0070 2918 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0071 2912 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0072 2906 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0073 2900 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0074 2818 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0075 2812 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0076 2806 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0077 12800 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0078 2724 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0079 1 2718 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0080 2712 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0081 2706 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0082 2700 OHENRY RD $2,180.00 $710:00 35- 119 -21 -32 -0083 6301 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -32 -0084 6305 BROOKLYN DR $2,180:00 $710.00 35- 119 -21 -32 -0085 6309 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -32 -0086 2701 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0087 2707 HENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0088 2713 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0089 2719 OHFNRY Rh $2,180.00 $710.00 35- 119 -21 -32 -0090 2725 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0091 2801 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0092 2807 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0093 2813 OHENRY RD $2,180.00 $710.00 • 35- 119 -21 -32 -0094 2819 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0095 2901 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0096 2907 OHENRY RD $2,180.00 $710.00 35- 119 -21 -32 -0097 2913 OHENRY Rn $2,180.00 $710.00 35- 119 -21 -32 -0098 2919 OHENRY Rn $2,180.00 $710.00 35- 119 -21 -32 -0099 129-i�63WAVFN' 2918 63RD AVE N $2,180.00 $710.00 35- 119 -21 -32 -0100 $2,180.00 $710.00 CITY OFBROOKL'Y-N CENTER _' lief. t.1 > .: 'O L. ENDSN` EC{A ES$ P G °SF? y gas^ Qfl P;a 24 - .GARDEN CITY NEIGH BORI�OOD.�2000 =D1' . 35- 119 -21 -32 -0101 F 2906 63RD AVE N $2,180.00 $710.00 35- 119 -21 -32 -0102 2900 63RD AVE N $2,180.00 $710.00 35- 119 -21 -32 -0103 2818 63RD AVE N $2,180.00 $710.00 35- 119 -21 -32 -0104 2812 63RD AVE N $2,180.00 $710.00 35- 119 -21 -32 -0105 2806 63RD AVE N $2,180.00 $710.00 35- 119 -21 -32 -0106 2800 63RD AVE N $2,180.00 $710.00 35- 119 -21 -32 -0107 2718 63RD AVE N $2,180.00 $710.00 35- 119 -21 -32 -0108 2712 63RD AVE N $2,180.00 $710.00 35- 119 -21 -32 -0109 2706 63RD AVE N $2,180.00 $710.00 1 =32- 0111.: 29.1 N " 3 66'TH AVE N" - = " �'�' , $9 ,593.'00��' 35 01 .-A�:� '`� ;., Q 2907"66TH "AVE ta" 35= 11"9.21 -32 -0113 2 90 66TH AVE N 9 aee v s 1 593.00?' -:.:= 35- ,119- 21 -32- 0.11.4. - 2813.66TH AVE ... 35-119-2 -32 -01.15 " - 2807 66T AVE' 5 -1 1 593:00 3 19- 21- 32- 01'16::: 2801_ TH AVE $ w 35= 119:21 -32= 011 -7 - -" 2800-q PT 5 93:Q0 mr. 35- 119 -21 -33 -0002 6252 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0003 6248 BROOKLYN DR $2,180.00 , $710.00 35- 119 -21 -33 -0004 6244 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0005 6240 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0006 6236 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0007 6232 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0008 6228 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0009 6224 BROOKLYN DR $2,180.00 $710.00 • 35- 119 -21 -33 -0010 6218 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0011 6268 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0012 6264 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0013 6260 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0014 2712 NASH RD $2,180.00 $710.00 35- 119 -21 -33 -0015 6261 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0016 6265 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0017 2713 63RD AVE N $2,180.00 $710.00 35- 119 -21 -33 -0018 2719 63RD AVE N $2,180.00 $710.00 35- 119 -21 -33 -0019 2801 63RD AVE N $2,180.00 $710.00 35- 119 -21 -33 -0020 2807 63RD AVE N _ $2,180.00 $710.00 35- 119 -21 -33 -0021 2813 63RD AVE N $2,180.00 $710.00 35- 119 -21 -33 -0022 2819 63RD AVE N $2,180.00 $710.00 35- 119 -21 -33 -0023 2901 63RD AVE N $2,180.00 $710.00 35- 119 -21 -33 -0024 2907 63RD AVE N $2,180.00 $710.00 35- 119 -21 -33 -0025 2913 63RD AVE N $2,180.00 $710.00 35- 119 -21 -33 -0026 2919 63RD AVE N $2,180.00 $710.00 35- 119 -21 -33 -0027 2918 NASH RD $2,180.00 $710.00 35- 119 -21 -33 -0028 2912 NASH RD $2,180.00 $710.00 35- 119 -21 -33 -0029 2906 NASH RD $2,180.00 $710.00 35- 119 -21 -33 -0030 2900 NASH RD $2,180.00 $710.00 35- 119 -21 -33 -0031 2818 NASH RD $2,180.00 $710.00 35- 119 -21 -33 -0032 2812 NASH RD $2,180.00 $710.00 35- 119 -21 -33 -0033 2806 NASH RD $2,180.00 $710.00 35- 119 -21 -33 -0034 2800 NASH RD $2,180.00 $710.00 35- 119 -21 -33 -0035 6249 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0036 2801 NASH RD $2,180.00 $710.00 • 35- 119 -21 -33 -0037 2807 NASH RD $2,180.00 $710.00 35- 119 -21 -33 -0038 2813 NASH RD $2,180.00 $710.00 35- 119 -21 -33 -0039 2819 NASH RD $2,180.00 $710.00 35- 119 -21 -33 -0040 2901 NASH RD $2,180.00 $710.00 35- 119 -21 -33 -0041 2907 NASH kb $2,180.00 $710.00 35- 119 -21 -33 -0042 2913 NASH FRb $2,180.00 $710.00 35- 119 -21 -33 -0043 2919 NASH RD ' $2,180.00 $710.00 CITY OF BROOKLYN CENTER PENDING SPECIAL ASSESSMENT ROLL 2/24/00 GARDEN CITY CENTRAL NEIGHBORHOOD 2000 -01 & 02 • ='.2 .:`v ^xa - Y`:4 7y'�# z ? � �a°*' . - . ' 5 d}'� a `F��.='�<. �3^'Sd'Rii/�!� "' -3mZ`_ .. .. 35- 119 -21 -3 3 -0044 2918 MUMFORD RD $2,180.00 $710.00 35- 119 -21 -33 -0045 2912 MUMFORD RD $2,180.00 $710.00 35- 119 -21 -33 -0046 2906 MUMFORD RD $2,180.00 $710.00 35- 119 -21 -33 -0047 2900 MUMFORD RD $2,180.00 $710.00 35- 119 -21 -33 -0048 2818 MUMFORD RD $2,180.00 $710.00 35- 119 -21 -33 -0049 2812 MUMFORD RD $2,180.00 $710.00 35- 119 -21 -33 -0050 2806 MUMFORD RD $2,180.00 $710.00 35- 119 -21 -33 -0051 2800 MUMFORD RD $2,180.00 $710.00 35- 119 -21 -33 -0052 6233 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0053 6229 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0054 2819 MUMFORD RD $2,180.00 $710.00 35- 119 -21 -33 -0055 2901 MUMFORD RD $2,180.00 $710.00 35- 119 -21 -33 -0056 12907 MUMFORD RD $2,180.00 $710.00 35- 119 -21 -33 -0057 12913 MUMFORD RD $2,180.00 $710.00 35- 119 -21 -33 -0058 6206 XERXES AVE N $2,180.00 $710.00 35- 119 -21 -33 -0059 6201 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0060 6205 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0061 6211 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0062 16215 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0063 16219 BROOKLYN DR $2,180.00 $710.00 35- 119 -21 -33 -0064 6120 XERXES AVE N $14,326.00 $7,428.00 35- 119 -21 -34 -0001 LIFT STATION NO. 1 $1,447.00 35- 119 -21 -34 -0001 GARDEN CITY PARK $9,369.00 $866,450.00 $288,288.00 • 7 � I , OMM jr Fill ON i City of Brooklyn Center Garden City Central . . ...... .. IKEA C) I 6 6,� Jx 6 TH.AVE.'N. . f U) RDEN 65TH. AVE. N . Y Mill iOOL Z- LU POE! RD Ui O'HENRY RD.' CO 63RD. AVE N. 63RD'. v E. N. STiI P4 ------ t . . .... LU NASH' RD. RO Oil LU 0 0 . . . . ..... ... 6 D AVE. N. tJ ........ __. T A V E ,. - 'N . . . .... ......... . 61 ST AVE. N. Uj > . ... ...... ! __� `.._.. -� .... - I I ..... _ -- T N 500 0 500 1000 Feet -44- W E — 2000 Street Reconstruction FIG. 2 City of Brooklyn Center Garden City Central 66)- m 66TH. AVE. N. ZDEN 65TH. AVE. N. Y rn O ¢ POE RD m O'HENRY RD. / t 63RD. AVE. N. 63RD. VE. N. : Z Q - NASH R D. - w - -- w .. - - - o ---- - - - --- -- - - -. - _._..._ .. -... F DAVE. N. �y � _ '. -... -- r GARDEN - - - - CITY RFN F 1 PARK - - - -- R� , , - L TAD - - AVE N - -- - - 61 ST AVE. N. > - - N 500 0 •500 1000 Feet W E Storm Sewer s FIG. 3 City of Brooklyn Center Garden City Central sSp X 66TH. AVE. N. J ZDEN 65TH. AVE. Y N. 400E Z m - -- --- - - -` -- - -' - -- Q POE RD IN v w O'HENi: RD.' ca 1 \ --=--- • - - - -- � -- - _.�__�-- - - - - -- 63RD. 63RD. AVE. N. VE N. Ld y Q MV NASH ': RD. M - - Lu - - - -- -- -U ` D AVE. N. N F N _.,. _._. -- -- :.._..- .. - - - -- - - - -- GARDEN CITY -- - - - - - -- - - -- ��RFNCE - PARK TAD - - — -- AVE N —.. - - -- 61 ST AVE. N. ui N 500 0 500 1000 Feet tL W E Sanitary Sewer s FIG. 4 City of Brooklyn Center Garden City Central L - ::....- 66TH. AVE. N. N m A VFN Fx J -- RDEN 65TH. AVE. N. Y i001- RD ---- - - - - -- POE o pC - �. _ -_ -= - -- -- m allENRY RD., 63RD. AVE. N. 63RD: VE. N. - - - -- - _ NASH R M� p D AVE. N. - - -- - - -. -- - -- -- GARDEN CITY ► NRFj� CF , PARK TAD - -- - - - -- - - -- ;� AVE N — - ` 61 ST AVE. N.' l N 500 0 500 1000 Feet �.� W E Water s FIG. 5 COSTS & FUNDING CONSIDERATIONS GARDEN CITY CENTRAL - FEASIBILITY SUMMARY 1/20/00 63RD AVE !ESTIMATED EXPENDITURE STREET MSA MSA NON ELIGIBLE SANITARY WATERMAIN STORM ESTIMATED ELIGIBLE SANITARY WATER SEWER SEWER TOTAL ESTIMATED CONSTRUCTION COST $ 1,030,549.00 $ 218,830.00 $ 56,755.00 $ 49,105.00 $ 583,850.00 $ 685,638.00 $ 825,190.00 $ 3,449,917.00 CONTINGENCY (10 %) $ 103,054.90 $ 21,883.00 $ 5,675.50 $ 4,910.50 $ 58,385.00 $ 68,563.80 $ 82,519.00 $ 344,991.70 SUBTOTAL CONSTRUCTION COST $ 1,133,603.90 $ 240,713.00 $ 62,430.50 $ 54,015.50 $ 642,235.00 $ 754,201.80 $ 907,709.00 $ 3,794,908.70 ADMIN, ENG., LEGAL $ 96,790.27 $ 12,686.10 $ 56,303.25 $ 56,001.35 $ 65,395.12 $ 287,176.00 REFORESTATION $ 38,000.00 $ 38,000.00 STREET LIGHTS $ 75,000.00 $ 75,000.00 (TOTAL ESTIMATED PROJECT COST (FEASIBILITY) $ 1,343,394.17 $ 253,399.10 $ 62,430.50 $ 54,015.50 $ 698,538.25 $ 810,203.15 $ 973,104.12 $ 4,195,084.79 f ! `ESTIMATED REVENUE STREETASSESS = $2,180 /UNITX348UNITS $ 758,640.00 $ 758,640.00 PARK /LIFT STN ASSESSMENTS $ 10,816.00 $ 38,464.00 CHURCH ASSESSMENT $ 14,326:00 $ 7,428.00 ' $ 21,754.00 C COMMERCIAL ASSESSMENT $ 59,205.00 $', 30,700.00 $ 89,905.00 WEST FIRE STATION $ 5,940.00 $ 3,080.00 $, 9,020.00 rn MILL & OVERLAY RATE - 66TH AVE. NO. 11 UNITS @ $1,593/ UNIT $ 17,523.00 $ 17,523.00 SANITARY SEWER FUND $ 62,430.50 $ 698,538.25 $' 760,968.75 WATER FUND $' 54,015.50' $ 810,203.15: $, 864,218.65 STORM DRAINAGE ASSESS =$7101 UNIT X 348 UNITS $,, 247,080.00. _ $ 247,080.00 MSA FUNDING $ 253,399.10 $ 253,399.10 STORM DRAINAGE UTILITY FUND $' 684,816.12 "$ 684,816.12 GENERAL FUND $ 476,944.17 $ 476,944.17 TOTAL EST. REVENUE (FEASIBILITY) $ 1,343,394.17 $ 253,399.10 $ 62,430.50 $ 54,015.50 1 698,538.25 $ 810,203.15 :$ 973,104:12 $ 4,195,084.79 ` ! 0 ! ADDRESS TREES SANITARY STORM WATER COMMENTS None 2 Blvd. No Request drain by No Intend to put in new driveway, after project is 62nd/Lawrence. Water completed. backs up onto driveway after rain None N /A/ No No No Traffic issues. MTC buses violate laws. Numerous social issues. ,,....x -Fr v. X,m" ren .:[: .x S? ;r`:s. ," <' .b ". " -( s:'" ; xraxa ".'jgy '�','.`r'.xa: Fk F.,•,.., �. • �'t • r _'z..,.d "^ .'e; ,o„..' :y :5?a " °,,;;,��. "n =s<�.: 'T ^" .�, q�- •F ^,•,f.,n�.,,. ,^.p.. $; • -/; K.�^. ." C �;' v. n �•. i'R� 2 .`�' �'us1 ,. .«� ' �: '," .. 3' j+•;. rsz `�." z - L�17�77� ♦'��y;� .,.r. "•.k, .e', °:'' , .c . T� �i"''k, a ',dt` >r�d" � .5c " »t F!.:, ,:'.T x ;S rS. n„ ^;•?, .. s a . V.GJl \L-t1;Y,.L�i..11� .�.`: <':^�°*5�. •.? ^,, ✓., :° : wa... ..h ' .M .� -r:e' •k x ..: '•..... ,, ., ,� ;.� , G r" a �.-' fi'r'�` av` A, r= ' :., a A?Bx,_•. I, .Yxd,.� i, � . Y.i: 3000 None No Water backs up on corner No Speeding on Xerxes. Too many cars in into driveway driveways. Interested in landscape & home remodeling workshops. 3001 None No Lots of water on 62nd and No Xerxes after heavy rain 3013 None No No No Doesn't want taxes to go up. 3100 None No Some in street No Speeding. Request stop sign at Lawrence Rd/62nd or close off 62nd at Br. Blvd. 3106 None No No Quality is poor Traffic problems. Close off 62nd at Brooklyn Blvd. Request stop sign on 62nd between Xerxes & Brooklyn Blvd. 3107 None No Some street flooding Uncertain Sidewalk on one side of 62nd. Speeding on 62nd. 3113 1 Blvd. Roto Rooter No No 1 private every 2 years 3200 None Every 3 years No No Mid -block street light would help. 3201 None No No No 3206 1 Blvd. Once in 6 years No No Speeding traffic. Curb and aprons will be improvement. 3213 Yes Every 1 `/2 yrs. No No Would like sidewalks. Interested in workshops and blockwatch information. 0 . 0 ADDRESS TREES SANITARY STORM WATER COMMENTS 3300 No 3 years ago. No Sediment Code violation concerns. Blockwatch group Connection to is a good idea. street faces uphill. 3319 1 Blvd. Clean out every 3 No Lots of rust to 4 years 4 63RD x , ,, .:•�.r".';� �;<':so-�s� ,X� r � EV m ' k, _ 2819 None No No None 2901 None No No No Code violations in neighborhood. 2906 None No No None 2919 None Every 1-2 yrs. No No None 3001 None No No No None 3012 None Once a year Street frequently pools with Manganese Heavy traffic on 63rd. Snow plowing issues. rain water or snow melt 4-way stop at 63rd/Xerxes not effective. 3019 None No No No 63rd Ave keeps getting busier & busier. 3100 None No No No Traffic concerns on 63rd Ave.. Concerns about proposed assessments. 3112 1 Blvd. A year ago. No No 63rd from Xerxes to Brooklyn Blvd should be constructed to handle heavy truck traffic. 3113 N/A 2 yrs. ago No High mineral Better traffic enforcement. Left turn lane at content. 63rd/Brooklyn Blvd would be nice. 3313 1 Blvd. 2-3 yrs ago No Taste Is there a blockwatch group in her area? 3401 None No No No None 0" 3 '64V, ism 2606 3 trees 3 times in 6 yrs. No No Code enforcement issues. 2618 N/A Once a year Mid-block street flooding Sediment caused Cost of project and length of construction after heavy rain low pressure season. ADDRESS TREES SANITARY STORM WATER I COMMENTS 2700 None No No Rusty, low Improved neighborhood beautification. Code pressure violation issues. 2719 N/A No Flooding at driveway at Poor quality, low Dangerous intersection at Xerxes & Shingle 2707. pressure Creek Pkwy.. Better code enforcement. 2800 2 Blvd. Every 2 yrs. Street flooding after heavy Poor pressure, Promote `Brooklyn Center Cares ". Code rain quality has enforcement issues. Looking forward to declined, rusty. improvements. 2806 N/A Slow drainage Flooding after heavy rain Bad taste, poor pressure rusty 2807 None Basement floor Flooding in street and up in Low pressure, More code enforcement. Work with code drain annually yard. brown, poor violators —give direction for compliance. quality 2812 2 Under basement Problems only when drain is Satisfactory Site obstruction caused by pine tree. floor plugged with leaves 2813 1 No Flooding in street Poor pressure None 2819 No No Problems only when drain is Stinks None plugged with leaves & grass clippings. 2919 1 Blvd. Maintenance None Rust, smell Interested in landscape workshop every 3 years ro f A ; :fk ': sk:.° ���4+pg �pr k., . 1 A'. i �'3�a ,a } fi 9' c ":. .3'` ` 'e',„.0 •�, `..z:. I i a 2601 N/A No Water at end of driveway Low pressure, bad Too many cars parked on street & yards. odor & taste 2607 N/A N/A Rusty, hard, Traffic light issues on Co. Rd. 10/ Nor-west after heavy Bank service road and le Creek Shin A murky vy g N/ rain Pkwy/Freeway Blvd. 2612 Trees No Water at end of driveway Taste, odor, Neighbors park on grass next to driveway. pressure Too many cars parked on street & yards 24 hours a day. 0 ADDRESS I TREES SANITARY STORM WATER COMMENTS 2700 N/A N/A Standing water in front of Pressure Street lighting, freeway noise, code house after every rain enforcement issues. 2718 N/A No Mid -block street flooding in Rusty None spring 2807 No No No Rust, smell Speeding on 65th east of Xerxes. Code enforcement citywide. 2812 1 Blvd. N/A N/A Smell, pressure None 2906 1 Blvd. No No Noecetly�lari M ai `. ttiit ack WEIR .' . 2907 1 Blvd Ash Every 3 -4 yrs. No Rust, pressure, rat qz' murky, muddy ti " appearing 2912 1 Blvd 5 years ago No Low pressure, rust �M64 . <' 2913 1 Blvd. Yes Basement flooding during Rust, pressure heavy rains. , eW • n},y !p"„•�. §".�;. §gym n.. ,� , c i f.'. ".n:L� 2918 Yes No No Rust, smell, taste None , :�;, x, �. �,::�' '"•�°�^<. _ ;�;•.,' 9.�: = ?� t+ > � �: "'t""°- �` " "a:af'i �`"z ' & , gy p' : ., ,,; ;fi ..,.,;:,,< .. ..•- "•� / A:.ix"•,•e4 '�t'. '�,'�.. ...x�`f x ' °'). vp. r' °`'�,''� . ,. �,.:�:. ,. 'fa- / .., r : "3,, �A,L�s �k�;.,.}�; a'�' .C-' %�� �:' �V2. .�. 7, �, t: "�r�,t�, . . .;, ., y n '� •tr 4 �_M1.... r- i. .�ex;. ,' ."' ' ':fA E�7� " ° b� q.{ "..��. �;� s' a,, e � � �` .�," F �5... } ' ^• d, � „,'�1.r � �R i r c p �?�� 5 .. a '� ' � i ' ' <BEA ", �. � <�'� ek, �.• u$;'x�?? "as �»:.r , f�,dXyva>• �• bv� •�'/` , ,^� Ck�.0 ''^•'.' ro :�x4 °�:*i §r,' '°9' RD'.AVE" ;l� » -5 �,.N'i;;t� '4.. ±LFm" �,� y:Y i " of F. G , �.��'.- rah §.! ". '�8 "- ",�': �v �'• � � '�•� ,ww.:x � �, A M ! ��n. "�J,'� "i �.�' pRq 6219 None No No Q Sediment 6225 None No No No None `. J r rzN•,.° .: �� oyyy�,�„� �." � e�,C« ip7 .rn<1k ���.1"au n.�4M r, .� _,: %' "4^>� •r b,. • 0 ADDRESS TREES SANITARY STORM WATER COMMENTS 6142 None No Right lane of Br. Blvd. N/A Speeding on Brooklyn Blvd. Loud radio blocks after heavy rain. noise is disruptive to business in home. Water stands at end of driveway in winter. M-5* 1 00 54 R, A FA 6218 None No No No City should do better job of weed control and mowing on City property. 6219 1 Blvd. Cleaned I year No Rust, bad Weeds across the street ago 6229 None No No No Snow plowing issues—get too much salt and sand on their comer. 6236 Bush Yes No No Apron was poorly patched. 6240 1 Blvd. Once in 38 yrs. After heavy rains water will No Speed of motorcycles on street. come up T-5' on lawn 6265 N/A No No No None 6300 1 Blvd. No No No Interested in landscape & remodeling workshops. Would like path to Central Park adjacent to them moved. Complain of numerous robberis. 6312 Yes Basement drain No No Driveway & apron concerns. Better street clogs easily.. lighting 6324 Not sure No No No Interested in landscaping workshop and blockwatch info. 6401 No No No Yes Concerned about underground sprinkling system. Is new curbing necessary? 6406 N/A Once in 30 yrs No Lack of pressure Is project necessary? 6206 Trees No No Minerals Speeding, neighbor noise. ! , !-- ADDRESS I TREES I SANITARY STORM I WATER COMMENTS 6218 N/A Once a year, lots No No Neighbor's evergreen at end of driveway of roots creates site obstruction. Should be trimmed or removed. 6219 N/A Twice since Water in street for days Low pressure Interested in landscape and remodel 12/98 after rain. Comes into workshop and request blockwatch basement information. 6225 None No No No Speeding cars. More follow up on code enforcement. .. � ,. ..., .. .. ,,..� .. .., v ....,.. .. .,, �...,. ,r,, e %..- ..,..ew ...� ..n ^, ..xaa ,°° - a4vM,''L'; : %W•% +m,"£i; .'; S'+ "6`, w ^ „;^r; .pr'-8 =. ;.'� •,(',+(. ;., .., ;, • fx :f.,b�yvj' <�'.. ..� p ", + - "a`�3w5,: "'�: :;. ", ''i "''"" t� "fit' , y .'.,,° ^ "�,. ✓,.. t.,: . >;,`�, • v: d•. ;axe' •,,,..,,Y. fi -, r rcc"n. - -°y�d� c3'r ` `+",. s • -;:. .Y' .�1. : - :,J'{�`�,�. : "',�jis ^4'.' ..Lys � - .�,. ,'e • „'wd.S 4 u. •�.t. .',t'. *, , .fw. ;.?7 •..�'w, ^' • _ ��.y, x �n�µ'.w �� %e� ' ",.y" ':�.. .'a ,. . L AW .#es •• " . ';.i. , w` e ✓ ' - �, ». �x ;,"', ,...,y ^`; <.` � r . :. M:. ;.���; ✓iF . : ��!K su ' rr �' ..'"`,'F, ; ;y .>;°A « h ...pY, � ' .4, ,, ( i�� : "y.� ��,� "�'! i•' .:,1 ,;;ter.;.. yy µd; S..N,. 'iid,'i ✓„ �" ' �.Y' ".. �' ,:d arc " %�•x �° -�, �.,�,.:.;,.�.: , "� � �:, x y/"�, ',�,,��.•.. x�A '. +' . "�•�. °- .":. ^e •: .:r'� w �" „' ; .;.e. .g., i �� ^ w�''';w : &. }.:Y. ^ "4 s . ,.i •�'� ,^"� ".'n9�,'C' �. T� {� w•• ��'• ....�i "'�`•i. ,,,,`' k `,'.� -... ^ 3. � !�* > . µ :Z.,..- .r , + , t<Yi. � , t.,�� ;� " "•s � v �•r -... "d':'Y^ wid . � D,•.• . r � :�';� . ,.a , R!.: 'n�.s�..; e °� 8';ro, /`: -°lam• . 3�>^Y,'s .°� «.. "�B!: ��a .�,. 's ..�,, a�. ..;.'n �•�•'P.� :4': a..,, ,,.�....tia: .».�2. -_. _ 3118 None Twice, yrs ago No slight odor None 3121 None No No No None 3201 1 No Water at end of driveway No Favor project and hope water problems at after rain Lawrence & 62nd can be fixed. 3213 None No Perfect 41 yrs ago. After Poor Concerned that taxes on the book aren't each resurfacing some covering project. driveways have huge puddles at ends of them. 3303 None Once No Pressure Better code enforcement. Curbs are in poor condition. 3307 None No No Terrible pressure, Better code enforcement on their street. tastes bad 3309 Lot of trees Yes Yes Low pressure. Interested in workshops. Poor taste. 3311 None No Huge puddle at end of Pressure Have irrigation system on Lawrence cul -de- driveway after rain, sac side & on Beard (rear lot) neighbors sprinklers or melting snow. 3313 None No No No Happy to be living in Brooklyn Center! T�� W u��sd ADDRESS TREES SANITARY STORM WATER COMMENTS 2806 None Once in 35 yrs No No Interested in workshops.Would like to see game fields set up for youth in East Central Park off 63rd. Youth activity concerns. 2912 1 Elm Once a year for No Iron Garbage in front of neighbor's house. Trailer past 15 yrs. homes parked in driveways. Dandelions & weeds on Xerxes. 3013 N/A No Yes Yes None 3018 None No Water & ice buildup inches No Storm drains don't function. They pay for it deep at foot of yard in water bill but don't receive any benefit. 3019 N/A Drains service No No Specific code enforcement needs. - cleaned 1 yr ago Neighborhood beautification. i 3112 1 tree No No Color, odor Interested in landscape and remodeling info. 3200 N/A Floor drain N/A N/A How is payment made for project. cleaned twice in 3 yrs. 3201 None No No No So much traffic. 3213 None No No No None 3306 Yes Cleaned once a No No City should participate in residential year reforestation. Interested in workshops. 3319 None No No No Hot rods, snowmobiles riding in yards, loud noise from cars. I HM Z ✓%y.V x.,,::55 '•:*'''.:9. :,.t•+ "a' . ^-5:,. ,�y.. , s <.,�,, ,^ ""'k�"'„a:" �`^'S:? „',ymtt; n:;"”; S . z�� �.: a ' �. ' ' ��so'.✓.'.:X�%:• '.�^':.Y,.�e° kr ,�_ �': sy.5t �, s� ?��;`;u�`�i "�'i�4„"_.�.° r.�ez. .,r n ..?,a. � _� , 2813 None No No No Code enforcement issues. 2906 N/A No No No This is a solution in search of a problem. 2912 1 Blvd. Yes No No None ADDRESS I TREES I SANITARY STORM I WATER COMMENTS 3000 N/A No No No Parkway on Xerxes between Mumford & 63rd not cared for. Too many dandelions. & xie mxt �NZL WN 2724 1 Blvd. No No Odor, rust, black More code enforcement. particles, pressure. Quick action valve didn't help. 2813 None Every 4 yrs. Yes-street Rusty, poor None pressure 2818 N/A No Flooding in basement Rusty Traffic, speedingand code enforcement concerns. More street lighting. Interested in landscaping workshop. 2901 N/A None in the past Moderate yard drainage Poor pressure, bad Homes are well cared. Would like 20 years problem taste landscaping ideas. 2906 2 trees No No Poor pressure Continue more code enforcement. Get rid of geese. Workshops are a good idea. R R '&5 %�Xsx,;a,: ..::3z:rv>�... � r s� ,.ifirwn . i' "d;rfi r��-.. .. iska ., �..k �G�"9� F .wti�..'.n4'.� . "w ix ^ .S" „9 �.za:,v.r W:•Y F'.�5 a � x "F :n�+ 6206 N/A Floor drain No No 66th off Xerxes should be "Dead End” or backup "No Outlet" 6219 N/A Roto Rooter once No No Speeding traffic. Would like blockwatch a year 6225 None No No Small flakes Dandelions in parkway are problem. Request green turn arrow on signal at comer of 63rd/Brooklyn Blvd. residents have indicated an interest in workshops for landsca in /hte remodeling: • The following rest p p g Gail Franc 3000 62nd Avenue North Ab Johnston 3213 62nd Avenue North Scott & Melanie Davis 2806 64th Avenue North John & Marian Trautmann 2919 64th Avenue North Brian & Bridget Krause 6219 Beard Avenue North Christine Polis 6300 Brooklyn Drive Rae Weisner 6324 Brooklyn Drive Martin Frawley 6219 Chowen Avenue North Carol Christians 3309 Lawrence Rd Richard Wolfe 2806 Mumford Rd James Kivi 3112 Mumford Rd Dee Schotzko 3306 Mumford Rd Liz Johnson 2818 O'Henry Rd David Kanatz 2901 O'Henry Rd Ian & Mary Ann Campbell 2906 O'Henry Rd I City Council Agenda Item No. lOh MEMORANDUM • DATE: January 19, 2000 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer tY g �� SUBJECT: Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2000 -04, 05, and 06, 73rd Avenue, Humboldt Avenue to Camden Avenue Street, Storm Drainage, and Utility Improvements 73rd Avenue between Humboldt and Camden Avenue has been scheduled for improvements for the year 2000 in accordance with the Capital Improvement Program schedules for the Cities of Brooklyn Center and Brooklyn Park. The street serves as a portion of the boundary between the two respective Cities, and falls under joint jurisdiction. The proposed improvement project is therefore being developed and administered by the City of Brooklyn Center in cooperation with the City of Brooklyn Park. A cooperative agreement for the project was previously approved by the respective City Councils of each City. Overall street and storm sewer improvement costs would be split equally between the two cities, • while any utility improvement cost would be paid by the benefitting City or property. The City of Brooklyn Center is serving as the lead administrative agency for coordination and management of the project. A feasibility report and preliminary design have been completed. The project was previously established by the Brooklyn Center City Council in August of 1999, and two informational meetings have been conducted with residents and property owners since then. The attached feasibility report provides a detailed breakdown of specific proposed project work items and costs. 73rd Avenue is designated as a Municipal State Aid Street under the Comprehensive Plans of both Brooklyn Center and Brooklyn Park. Therefore, State Aid funds are available to pay for a substantial portion of the project cost. The total project cost at this time is estimated to be $500,680, with Brooklyn Center's share estimated to be $257,840.00. In general, this amount would be split close to evenly between the two cities, depending upon the amount of individual utility work required in each City. The City of Brooklyn Center's portion of the project cost would therefore be approximately $263,000.00. Funding sources for Brooklyn Center's share of the project costs are proposed from a variety of sources as anticipated in the 2000 budget and CIP, and as described in the feasibility report. The funding sources would be a combination of Municipal State Aid, street and storm sewer assessments, the storm drain utility fund, and water and sewer utility funds. • The preliminary estimate also includes a 10% contingency. We believe the budget funds will be • adequate to cover the costs of the project. Staff representing both Cities have 'ointl conducted two informational meetings, and have twice J Y g sent mailings to all property owners in the area with surveys requesting input from residents on the project and various issues. The informational meetings were generally positive in nature with the majority of questions and concerns relating to specific construction related issues. It is recommended that the City Council approve the attached resolution to receive the Engineer's Feasibility Report, and to schedule a public hearing to consider approval of the project for February 28, 2000. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. _ RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2000 -04, 05, AND 06, 73RD AVENUE, HUMBOLDT AVENUE TO CAMDEN AVENUE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council has previously directed the preparation of an engineer's feasibility report regarding proposed improvements to the streets, storm drainage system, and public utilities for 73rd Avenue (from Humboldt Avenue to Camden Avenue) as described in said report; and WHEREAS, the City Engineer has prepared said report, and recommends that the proposed improvements be considered; and WHEREAS, said improvement project is being developed and coordinated with the City of Brooklyn Park; and WHEREAS, the City of Brooklyn Center and Brooklyn Park have agreed to split the project costs in accordance with a Cooperative Agreement signed by both cities; and WHEREAS, costs have been estimated for these proposed street, utility, and storm sewer improvements; and • WHEREAS, it is proposed to assess a portion of the City of Brooklyn Center's share of the cost of the street improvements against all Brooklyn Center properties within the project area and a portion of the storm sewer improvements within designated sections of the project area; and WHEREAS, the cost to be assessed to the properties is estimated to be: STREET IMPROVEMENT STORM SEWER IMPROVEMENT 2000 -04 2000 -05 $52,320 $17,040 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. A public hearing shall be held on the 28th day of February, 2000, in the City Hall Council Chambers at 7:00 P.M., or as soon thereafter as the matter may be heard to hear and pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. 2. The City Clerk is directed to cause a notice of public hearing to be published in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total improvement costs. i i 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,'OF:BROOKLYN:CEIVTEE _ .� ; FE(( DINGSP ,ECIALA_SSESSMENT.ROCL: -.- : d F xF`,: w sY: i "2/28/00 n r a`x a Z3RD AVEN It. HLtMB4OLDT= OS A iIDEt�I ° AVENUE IMPRO�/EI�IENT- .. f .��•T Y < y. ' _ .Z L.. -a.<. 25- 119 -21 -31 -0007 915 73RD AVE N $2,180.00 $710.00 25- 119 -21 -31 -0009 815 73RD AVE N $2,180.00 $710.00 25- 119 -21 -31 -0010 821 63RD AVE N $2,180.00 $710.00 25- 119 -21 -31 -0013 901 73RD AVE N $2,180.00 $710.00 25- 119 -21 -31 -0014 907 73RD AVE N $2,180.00 $710.00 25- 119 -21 -31 -0015 919 73RD AVE N $2,180.00 $710.00 25- 119 -21 -31 -0071 737 73RD AVE N $2,180.00 $710.00 25- 119 -21 -31 -0074 731 73RD AVE N $2,180.00 $710.00 25- 119 -21 -31 -0079 7241 CAMDEN AVE N $2,180.00 $710.00 25- 119 -21 -31 -0086 801 73RD AVE N $2,180.00 $710.00 25- 119 -21 -31 -0087 807 73RD AVE N $2,180.00 $710.00 25- 119 -21 -31 -0094 1007 73RD AVE N $2,180.00 $710.00 25- 119 -21 -31 -0095 1013 73RD AVE N $2,180.00 $710.00 25- 119 -21 -31 -0096 1019 73RD AVE N $2,180.00 $710.00 25- 119 -21 -32 -0001 1101 73RD AVE N $2,180.00 $710.00 25- 119 -21 -32 -0002 1201 73RD AVE N $2,180.00 $710.00 25- 119 -21 -33 -0003 1211 73RD AVE N $2,180.00 $710.00 25- 119 -21 -32 -0011 7241 FREMONT AVE N $2,180.00 $710.00 25- 119 -21 -32 -0017 1401 73RD AVE N $2,180.00 $710.00 25- 119 -21 -32 -0018 7240 HUMBOLDT AVE N $2,180.00 $710.00 25- 119 -21 -32 -0065 1113 73RD AVE N $2,180.00 $710.00 25- 119 -21 -32 -0066 1107 73RD AVE N $2,180.00 $710.00 25- 119 -21 -32 -0114 1301 73RD AVE N $2,180.00 $710.00 25- 119 -21 -32 -0123 1219 73RD AVE N $2,180.00. $710.00 • $52,320.00 $17,040.00. CRAFT • 3[ City of Brooklyn Center A great place to start. A great place to stay. 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MINNESOTA 55430 ENGINEERING: 569-3340 FAX. 569 -3494 ENGINEER'S FEASIBILITY REPORT FOR 73rd Avenue North • Humboldt to Camden) IMPROVEMENT PROJECT NOS. 2000 -04, 05 &06 JANUARY, 2000 I hereby certify that this feasibility report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minne sota Reg. No. 17657 Y t Scott Brink. P. E. City Engineer January 19, 2000 • Feasibility Report 73rd Avenue North (Humboldt to Camden) Page I OVER 1) • These proposed project includes roadway and utility improvements for 73rd Avenue North between Humboldt Avenue North and Camden Avenue North, a distance of 0.5 miles (see Figure 1). The improvement would include the following: reconstruction of the roadway, storm sewer installation, and the replacement of water main and sanitary sewer as needed, along with other private utility upgrades as required. The project was established by the City Council on August 9, 1999 per Resolution No. 99 -126. Estimated costs for the proposed improvements are included on the attached cost spread sheet(Figure 6). 73rd Avenue at this location is shared by the Cities of Brooklyn Park and Brooklyn Center, and has been scheduled for improvements in the year 2000 under the Capital Improvement Programs of both cities. The proposed project is therefore being developed and administered jointly by both Cities under a Joint Powers Agreement approved by the Brooklyn Center City Council per Resolution No. 99 -127. This report was prepared in accordance with previous direction of the City Council and that staff would conduct Public Information meetings. On November 8, 1999 and January 10, 2000, public information meetings were conducted by officials from both Brooklyn Center and Brooklyn Park. Comments and input received from residents and property owners throughout the public process has been considered in the preparation of this report. PROPOSED IMPROVEMENTS STREET Improvement Project 2000 -04 (see Figure 2) 73rd Avenue is designated as a Municipal State Aid collector street for both cities, meaning that the street carries an amount of traffic higher than the typical residential street, and State gasoline tax monies are therefore available to assist in funding for the reconstruction of the street. The street is two lanes in width, approximately 30 feet in width, and has very flat grades with no curb and gutter. The age and condition of the pavement has progressed to the stage where rehabilitation of the roadway is considered warranted. The street is nearly 40 years in age and nearing the end of its useful life. This particular street is identified in the City's Pavement Management Program (PMP) as a street needing to be reconstructed rather than sealcoated. The flat grades and lack of curb and gutter do not provide for adequate drainage. Standing water after heavy rainfall events has contributed to the deterioration of the roadway surface. Frequent repairs to the aging water main system beneath the roadway have also contributed to the deterioration of the street. The reconstructed street would therefore include regrading and the installation of concrete curb and gutter to direct runoff to an improved storm sewer system. Because the street is designated as State Aid collector roadway under the transportation plans of both Cities, the street would be designed and reconstructed in accordance with current Minnesota . Department of Transportation design standards. These standards would include curb and gutter and sufficient pavement thickness and street width. Feasibility Report 73rd Avenue North (Humboldt to Camden) Page 2 Input from property owners regarding design of a reconstructed 73rd Avenue has been sought • throughout development of this project. In particular, input has been sought and requested from residents at the two informational meeting, and through surveys mailed to property owners. Many design issues and construction related questions were discussed at these meetings. One particular design issue of significance is determining the width for the reconstructed street. Because the street must be built in accordance with Minnesota Department of Transportation State Aid standards, very specific street widths are required, depending on the amount of parking that is ultimately desired. Specific parking and other needs are discussed with residents while trying to determine a proper width. The existing street is generally 30 feet in width in most locations. In accordance with Minnesota Department of Transportation standards, the following minimum width requirements have been established for Municipal State Aid collector streets: Parking allowed on both sides of the roadway: 38 feet Parking allowed on one side of the roadway: 32 feet In addition to the State imposed standards, it is often desirable to construct a roadway with some additional width that allows an additional margin of safety for bicycle traffic, buses, and snow storage. In discussing the width requirements with the residents, at the first informational meeting, there did • not appear to be a clear consensus among them in regards to a desired width. In past similar projects, both Brooklyn Center and Brooklyn Park have typically re -built streets to a width very close to the existing width to maintain consistency and to still provide for at least some parking. Therefore, this feasibility report has been developed with the recommendation of re- building the street to a width of 32 feet. Residents would therefore notice essentially no change from the existing width. However, parking would be restricted to one side of the street only(the south side). This proposal was suggested to the residents present at the second informational meeting and was generally received favorably. Traffic volume and speed surveys have been conducted on 73rd Avenue. Although some cars do exceed the posted speed limit of 30 mph, speeding is not considered to be a problem on 73rd when considering the 85th percentile speed, which is just over 30mph. However, staff will continue to conduct additional traffic data collection work in the area to address specific concerns. There are no new sidewalks proposed as part of the project. Sidewalk however can be installed as part of the project should the residents request(petition) it and agree collectively upon the location(i.e., which side of the street). The cost estimates in this report do include a lump sum allocation ($10,000) for planting boulevard trees in appropriate areas. At this time, staff is working with NSP to determine a cost for upgrading the street lights; therefore, no additional cost for street lighting is included in this report. • Feasibility Report 73rd Avenue North (Humboldt to Camden) Page 3 STORM DRAINAGE Improvement Project 2000 -05 • (see Figure 3 for proposed storm sewer system) The existing storm sewer system on 73rd Avenue is either undersized or in disrepair in some locations. Therefore, a substantial amount of new and replacement storm sewer is included in this project. The flat grade of the street and lack of curb and gutter to convey drainage have also contributed to standing water and general lack of good drainage after heavier rainfalls. The storm sewer proposed for the project would generally consist of smaller mains and leads to pick up runoff at localized low spots. Figure 3 shows a preliminary concept for storm drainage improvements to serve the project area. ,SANITARY SEWERS Improvement Project 2000 -03 (see Figure 4) The sanitary sewer in the project area generally consists of 8 inch diameter clay pipe, installed in 1961 and 1962. The sanitary sewer is owned and operated by the City of Brooklyn Center, and serves residents on the Brooklyn Park side of the street as well as Brooklyn Center residents. The sanitary sewer pipe was televised and inspected in November of 1999. With the exception of some isolated points of root penetration or structural problems, the majority of the sewer main pipe is generally in good condition. Both Brooklyn Center and Brooklyn Park however have agreed to replace individual service connections between the main and property lines, due to root infiltrations. Spot repairs and • replacements of the sanitary sewer main itself are included as part of this project. Additional information regarding sewer problems was received from property owners during the public participation process. Based on that information and additional review of other available information, final recommendations will be made during the final design process and project cost estimates will be revised accordingly. WATER MAINS Improvement Project 2000 -03 (see Figure 5) The water distribution system in this particular neighborhood was installed in or around 1962, and generally consists of cast iron pipe. The water main is owned and operated by the City of Brooklyn Center, and serves residents on the Brooklyn Park side of the street as well as Brooklyn Center residents. The water main on 73rd Avenue has an extended history of maintenance problems for Brooklyn Center Water Utility crews; primarily frequent repairs of broken or leaking mains. This can generally be attributed to the age of the main and the older cast iron pipe material used at the time of installation. It is therefore proposed to replace the existing water main with new ductile iron pipe which is much more corrosion resistant and durable long term. Some water quality complaints from residents were also received. It is unknown for certain if any water quality problems can be directly attributed to the City's main or internal piping within individual households. However, replacement of the City's main will at least provide assurances that any rust or minerals from main • corrosion will be reduced or eliminated. Feasibility Report 73rd Avenue North (Humboldt to Camden) Page 4 In addition, leaky valves, and aging hydrants would be replaced as part of this work. ESTIMATED COSTS AND FUNDING CONSIDERATIONS (see Figure 6) • The total estimated cost for the proposed project is $500,680. This amount would generally be split between the two cities. A detailed breakdown of this estimate, as well as funding sources are explained as follows in this report and attachment. its and Fundin for Street Impro vement s, Projec No. 2000 -01 The joint powers agreement between the two cities generally provides for a 50150 cost split for the entire project. The City of Brooklyn Center is serving the as the lead administrative agency for the project, and will be billing the City of Brooklyn Park for its share of the costs. Both cities intend to utilize State Aid funding and special assessments to assist in paying for the project. The estimated cost for roadway improvements for 73rd Avenue, is $280,240. If street lighting improvements are included, the estimated cost for those roadway improvements would increase at least some amount. All street, storm sewer, and lighting costs would be eligible for State Aid funding. For Brooklyn Center, it is proposed to levy special assessments for street improvements in accordance with the rates adopted by the City Council on November 8, 1999. The rates adopted by the City Council provide for a standard 2000 residential street assessment rate of $2,180 per residential property. This rate would be assessed to all benefitted residential properties as shown in Figure 1. On this basis it is estimated that special assessments totaling $52,320 would be levied for street improvements. Assessments levied against Brooklyn Park residents would be levied by the City of Brooklyn Park in accordance with its policies and laws. Costs and Fundin for S torm Drainage Svstem Improvements. Proiect No. 2000 -02 The total estimated cost for storm drainage improvements for 73rd Avenue is $60,300. For Brooklyn Center properties, it is proposed to levy special assessments for storm drainage improvements in accordance with the rates adopted by the City Council on November 8, 1999. Application of this rate to properties benefitted by these improvements will result in estimated special assessments of $710 per single family residential unit. The total cost to be assessed would be $17,040. Costs and Funding for Sanitary Sewer and water Main Improvements. Proiect No. 2000 -03 The estimated cost of sanitary sewer repairs and /or replacements is $52,800, and the estimated costs for water main repair and /or replacements is $107,340. As previously noted, these cost estimates are preliminary at this time. However, all such costs would be funded by their respective utility funds, in accordance with established policy for such improvements. • Feasibility Report 73rd Avenue North (Humboldt to Camden) Page 5 • Recommended 2000 Proiect Schedule January 24 City Council receives feasibility report and calls for public hearing February 28 Public Hearing, City Council may authorize the project and order preparation of plans and specifications March 13 Approve plans and specifications, authorize Ad for Bids April 5 Bid opening April 10 City Council awards contract April 19 Preconstruction conference April 24 Start construction September 11 Special Assessment Hearing September 30 Substantial completion • Conclusion The overall condition of the City's infrastructure system (streets, sewers, utilities) is critical to the operation, safety, welfare, and economic health of the entire City. As a result of the infrastructure needs described, and the proposed solutions and estimated costs described in this report, the proposed project is considered to be necessary, cost effective, and feasible. Scott Brink, P. E. City Engineer Reg. No. 17657 �i Feasibility Report 73rd Avenue North (Humboldt to Camden) Page 6 s s s KVINU Mt. VI• J Z m IRVING AVE N 1600 AVE. N.! \ \ \ ch HUMBOLDT AVE N 1500 " Z - - - - ,RARD 1400 D AVE N 0 M 4 - FREMONT AVE iN� z FREMONT AVE N L-A CD 1300 AV -1 N ' EMER:so�� --- o EMERSON AVE N W CAI 0 1200 X DUPONT 1 1 � v .- DUPONT AVE N o 1100 0-- m 0 0 0-.- m M a)-, 0 ;u COLFAX AVE N 00 1000 In m Sol INA I 7: BRYANT AVE N 900 JI > f G) Z _j - - -� ALDRICH AVE 800 ■� < m \`\` CAMDEN AVE. NI I CAMDEN AVE N L-L-- 700 Z I T 5TH AVE N tTl 600 V ♦ l� I ` -- � J _� ��� MTH 252 rNv lin- f1v rn IRVING AVE N 1600 AVE. N. HUMBOLDT AVE N 1500 N. GIRARD AVE. 0 GIRARD AVE N DI I C) < 1400 o m C) FREMONT [AV E N c/) P-4. FREMONT AVE N In 1 1 1 1 1 1 ­ 1 1- - -j CD - -4 i I I -- 1- - 1 - - 1300 (D r AVE. N� EMERSON, -4 EMERSON AVE N CD - ----- 1200 0 o 0 - ------ DUPONT DUPON7 LAVI DUPONT AVE N roll. J 0 1100 0 m 0 m 0 < 0 COLFAX AVE N 0 1000 ------- BRYANT AVE N J goo ALDRICH AVE 800 A CAMDEN AVE. N 1 j CAMDEN AVE N 700 5TH AVE N tTl 600 t� ' `�_1 MTH 252 s s s mvjjv� rsv­ IRVING AVE N 1600 4 - j -- ---- AVE N. HUMBOLDT AVE N 1500 I 0 GIRARD AVE. > ------------- GIRARD AVE N < 0 L_ 1400 O - FREMONT, AVE. N! fmqL FREMONT AVE N 1300 J o ON EMERSO AVE. AVE . N. EMERSON AVE N cn I I 1200 U PON' vi: DUPONT AVE N 10 o 1100 o yNd ���� g 'l m ow 0 ct) m 0 Ord COLFAX AVE N 1000 BRYANT AVE N 900 -4 -- --- - --- ------ -------- r ALDRICH AVE 800 i CAMDEN AVE. N, CAMDEN AVE N 700 5TH AVE N tTj 600 MTH 252 r.,Vl I F IV IRVING AVE N 1600 AVE HUMBOLDT AVE N 1500 0 A GIRARD' GIRARD AVE N 1400 FREMONT i AVE. N (n FREMONT AVE N I i ' 1300 ro z AVE. N. EMERSON, moh EMERSON AVE N CA )7 < 1200 DUPON ;#Vl N, DUPONT AVE N 1100 0 0 0) m Cl 0 < :c m O 0 ;a 0 - Z COLFAX AVE N z z 1000 m m CD j BRYANT AVE N 900 M :0 ALDRICH AVE 800 L( i z i m � _�` , CAMDEN AVE. IN CAMDEN AVE N 700 5TH AVE N 6 t7l 00 MTH 252 F%Vll s s < IRVING AVE N 1600 AVE. No cn HUMBOLDT AVE N -4 1 1500 GIRARDI AVE. N lZ GIRARD AVE N 1400 0 O z FREMONT AVE. I N FREMONT AVE N F 1300 —Z EMERSON 0 AVE cn EMERSON AVE N 1200 N, DUPONT I ;AW DUPONT AVE N lop 1100 0 0 ........ i m 0 X 0 z In COLFAX AVE N 1000 CD CD FIL BRYANT AVE N 900 z _ ALDRICH AVE 0 800 > <1 ml CAMDEN AVE. K! CAMDEN AVE N 700 En z - - - -� 5TH AVE N G) 600 MTH 252 cil Sheetl COSTS & FUNDING CONSIDERATIONS 73RD AVENUE NORTH (SAP 109 - 118 -02) - FEASIBILITY SUMMARY 1/20/00 73RD AVENUE NO (MSA) ESTIMATED EXPENDITURE ELIGIBLE NON -ELIG NON -ELIG ESTIMATED STREET STORM SAN. SEW. WATERMAIN TOTAL ESTIMATED CONSTRUCTION COST $ 218,544.00 $ 54,820.00 $ 43,370.00 $ 90,138.00 $ 406,872.00 CONTINGENCY (10 %) $ 21,854.40 $ 5,482.00 $ 4,337.00 $ 9,013.80 $ 40,687.20 SUBTOTAL CONSTRUCTION COST $ 240,398.40 $ 60,302.00 $ 47,707.00 $ 99,151.80 $ 447,559.20 ADMIN, ENG., LEGAL $ 29,842.68 $ 5,087.93 $ 8,191.53 $ 43,122.14 M REFORESTATION $ 10,000.00 $ 10,000.00 C STREET LIGHTS !TOTAL ESTIMATED PROJECT COST (FEASIBILITY) $ 280,241.08 $ 00,30Z0 0 $' 52,794,93 $ 107,343 33 $ 50O 681.34. ESTIMATED REVENUE STREET ASSESS 54% = $2,180 /UNIT X 24UNITS $ - 52,320.00 $' 52,320:00 SANITARY SEWER FUND $ - 26; , $: ;• : 26;397:47 WATER FUND $ 53671 :67: r$ : 53,671:67 STORM DRAINAGE ASSESS 44% =$710/ UNIT X 24 UNITS $ 17,040.00, $ : :; 17,040.041 MSA $ 128,;597.54 $ 30;151-00' $ 158,7484'54, LOCAL STATE AID $ (33,297.00) $' ;;(33;297':00) STORM DRAINAGE UTILITY FUND $. (17,040.00) _ $ (17;040 OQ) CITY OF BROOKLYN PARK $ 132,620.55 $ 30,151.00 $ 26,397 47 $ 53,671.6,7' ;$ 242;840 68' 280 241.09 60.302.00. 52 79 - 81.35i 4:93 $ 107,343b33 ",$. .500,6 TOTAL EST. REVENUE (FEASIBILITY) $ , . $ $ LL _• Page 1 • City Council Agenda Item No. 10i City of Brooklyn Center A great place to start. A great place to stay. • To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: January 20, 2000 Re: Process for Reviewing Civil Legal Service Proposals I would propose the following process for the Council's consideration to review and interview the top 3 legal firm proposals to provide civil legal services to the City: Dates of Interview: Monday February 7th 6:00 PM 7:00 PM 8:00 PM • Monday February 14th as a back -up if a firm cannot make the February 7th date. This interview would occur after the regular City Council meeting Survev I would surve ose ro that the attached be sent to selected cities where the firms serve as p P Y s City Attorney and selected references given by the firms. The surveys would be sent to the Mayor and City Manager /Administrator of each City. i Jensen, Bell, Converse & Erickson - City of White Bear Lake - City of Vadnais Heights Also to the following references submitted by the firm: i 7 - City Manager of Roseville 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Sweeney, Borer & Sweeney City of Blaine City of Little Canada I would suggest that references not be contacted for Kennedy & Graven since the Council can perform its own evaluation of service for purposes of the review process. Additionally, the Council has the Brooklyn Center staff survey results. If the Council wished to survey other cities regarding Kennedy & Graven, the following would be suggested: City of Rosemount City of New Brighton City of Cambridge Fees Prior to the interview, each firm would be requested to put their proposed fees in the same format used by Kennedy & Graven so that all firms can be compared on the same basis. As indicated in my memorandum of December 10th, the fee basis used by Kennedy & Graven is advantageous to the City in using a firm to do general routine civil work and other firms for specialized matters as indicated. Ouestions: As a framework for the Council's interview process, I would suggest the following questions: 1. Has the firm represented plaintiffs in actions brought against cities or counties? - if the firm has represented plaintiffs who have sued cities or counties, describe how often and in what type of cases - if the firm has not represented plaintiffs, would it represent plaintiffs in the future? 2. Has the firm represented defendants in actions brought against them by cities or counties, including eminent domain actions? - if so, describe the type and frequency of such cases? 3. Does the firm do criminal defense work? - if so, describe the volume of such work . 4. What is the firm's focus in its practice? • 5. Which individual will be the primary provider of civil legal services and be designated as city attorney? - follow up questions as needed on specifics of background and work load - How many other cities /governmental bodies does the person represent as the chief provider of legal services or as the contact person? - What professional municipal organizations does the person participate in? - What is nature of participation in municipal organizations, especially municipal legal organizations? - Has the designated attorney produced training materials, served on panels, or made presentations to municipal attorneys or municipal officials? 6. Reviewing the materials submitted: have the firm explain: - how the City's work load would be accommodated and given priority - work flow process in handling City's work 7. What is the average amount of municipal billing by the firm? • - on an annual basis in total - on an annual basis per lawyer (using the total number of lawyers in the firm) 8. Questions raised by the answers during the interview or to clarify materials submitted. The City of Brooklyn Center, pursuant to City Council policy, is reviewing 3 proposals for civil • legal services. The Mayor and City Council would appreciate your assistance in reviewing these proposals by completing this survey regarding the provision of civil legal services to the City of by the firm of How would you rate the current civil legal services on the following aspects? A) Response to legal issues /questions is: 1. s Prompt almost always Y usually sometimes not usually 2. Complete almost always usually sometimes not usually 3. Gives and understandable and usable answer almost always usually sometimes not usually 4. Definitive: a direct answer to guide decision making almost always usually sometimes not usually Comments: B) Accessibility 1. Are you able to contact or receive return calls in a timely fashion? almost always usually • sometimes not usually . Comments: C) Projects I 1. Are projects completed in a timely fashion? almost always usually sometimes not usually 2. Are projects completed in an accurate manner? almost always usually sometimes not usually 3. Are projects completed in a comprehensive fashion? almost always usually • sometimes not usually Comments: D) Representation or assistance in dealing with others. 1. Have you been satisfied with the assistance or representation during negotiations or hearings? almost always usually sometimes not usually Comments: • Office of the City Manage City Brooklyn f Center y e A great place to start. A great place to stay. • Michael J. McCauley City Manager MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: January 21, 2000 SUBJECT: Lease Extension at Northbrook Liquor Store Attached please find materials that were received today from the City Attorney so that a lease extension can be entered into for the Northbrook store. Continuing the lease for one year at the Northbrook store would be consistent with the plan presented and approved by the City Council in connection with the liquor store reorganization with the new Cub store. Attachment • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer 470 Pillsbury Center Kennedy 200 South Sixth Street Minneapolis MN 55402 Graven (612) 337 -9300 telephone (612) 337 -9310 fax H A R T E R E D http: / /www.kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere@kennedy- graven.com January 20, 2000 Mr. Michael McCauley City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Liquor Store Lease Extension Dear Michael: • The managing agent for the liquor store has orally agreed to the extension of the lease as requested. I had expected to be able to provide the City with an addendum signed by the managing agent. However, apparently he wishes to have the City sign the document first. Therefore, I have enclosed two copies of a LEASE ADDENDUM for execution by you and the Mayor. Please let me know if you have any questions. Very truly yours, Charles L. LeFevere CLL:lh Enclosures CLL- 174912vl BR291 -14 Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING LEASE ADDENDUM FOR NORTHBROOK LIQUOR STORE WHEREAS, attached hereto and incorporated herein by reference as Exhibit A is a lease addendum between Northbrook Partners and the City of Brooklyn Center for the Northbrook Liquor Store; and WHEREAS, such addendum would extend the lease through March 31, 2001, with the same rental rate as last year; and WHEREAS, the terms and conditions set forth in the proposed addendum are reasonable and proper. - NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager be and hereby are authorized to execute the lease addendum attached hereto as Exhibit A on behalf of the City of Brooklyn Center. • Date Mayor ATTEST: Ci ty Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. Exhibit A LEASE ADDENDUM THIS ADDENDUM is made and entered into this day of January, 2000 by and between Northbrook Partners ( "Landlord ") and the City of Brooklyn Center, a Minnesota municipal corporation ('Tenant "); WITNESSETH: WHEREAS, Landlord and Tenan t entered into a Lease Agreement, dated February 1, 1994, for the Tenant's Northbrook Liquor Store ( "Lease Agreement "); and WHEREAS, the Lease Agreement was modified by a Lease Addendum, dated as of May 4',1989 (the "1989 Lease Addendum "); and WHEREAS, the Lease Agreement was modified by a Lease Addendum, dated as of February 2, 1998 (the "1998 Lease Addendum "); and WHEREAS, the parties wish to extend the Lease Agreement as hereinafter set forth; NOW, THEREFORE, on the basis of the premises and the mutual promises hereinafter set forth, the parties agree as follows: 1. The Lease Agreement term is extended to March 31, 2001. • 2. That part of Article 46 of the Lease Agreement that sets Minimum Rent is amended to add the following: April 1, 2000 through and including $7.75 per square foot March 31, 2001 $2,273.33 per month 3. All other provisions of the Lease Agreement as amended by the 1989 Lease Addendum shall remain in full force and effect. LANDLORD: NORTHBROOK PARTNERS By Its TENANT: CITY OF BROOKLYN CENTER By Its Mayor • And By Its Manager BLW- 172094v1 BR291 -14