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2000 09-11 CCP Regular Session
CITY COUNCIL MEETING • City of Brooklyn Center September 11, 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. August 21, 2000 - Joint Work Session with Financial Commission 2. August 28, 2000 - Study Session 3. August 28, 2000 - Regular Session 4. August 28, 2000 - Executive Session 5. September 5, 2000 - General Work Session b. Licenses C. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees d. Resolution Approving Supplemental Agreement No. 1, Improvement Project Nos. 2000 - 01,02, and 03, Contract 2000 -B, Garden City Central Street, Storm Drainage, and Utility • Improvements CITY COUNCIL AGENDA -2- September 11, 2000 • e. Resolution Certifying Special Assessments for Improvement Project No. 2000 -7, Contract 2000 -13, Palmer Lake Circle Street and Storm Drainage Improvements, to the Hennepin County Tax Rolls 7. Public Hearings a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Brookpark Dental Center) -This item was first read on August 14, 2000; published in the official newspaper on August 23, 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. b. Public Hearing Regarding Special Assessments for Improvement Project Nos. 2000- 01 and 02, Contract 2000 -13, Garden City Central Neighborhood Street and Storm • Drainage Improvements - Resolution Certifying Special Assessments for Improvement Project Nos. 2000 -01 and 02, Contract 2000 -B, Garden City Central Neighborhood Street and Storm Drainage Improvements, to the Hennepin County Tax Rolls - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. c. Public Hearing Regarding Special Assessments for Improvement Project Nos. 2000 -04 and 05, Contract 2000 -C, 73rd Avenue, Humboldt to Camden Avenue Street and Storm Drainage Improvements - Resolution Certifying Special Assessments for Improvement Project Nos. 2000 -04 and 05, Contract 2000 -C, 73rd Avenue, Humboldt to Camden Avenue Street and Storm Drainage Improvements, to the Hennepin County Tax Rolls - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. CITY COUNCIL AGENDA -3- September 11, 2000 d. Public Hearing Regarding Special Assessments for Delinquent Public Utility Service Accounts and Public Nuisance Abatement - Resolution Certifying Special Assessment for Delinquent Public Utility Service to the Hennepin County Tax Rolls - Resolution Certifying Special Assessments for Abatement of Public Nuisances to the Hennepin County Tax Rolls - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolutions. 8. Council Consideration Items a. Proclamation Declaring October 2000 National Breast Cancer Awareness Month - Requested Council Action: - Motion to adopt proclamation. b. Proclamation Declaring the Week of September 17 through 23, 2000, as Constitution Week - Requested Council Action: - Motion to adopt proclamation. C. Staff Report RE: Destination Park Plan - Requested Council Action: - Receive public input and accept report. d. 2001 Preliminary Budget and Property Tax Levy Report 1. Resolution to Adopt the 2001 Preliminary Budget 2. Resolution to Authorize a Preliminary Tax Levy for 2001 Appropriations for the General Fund, the Street Improvement Debt Service Funds, the Police and Fire Building Debt Service Funds, the EDA Fund, and the HRA Fund Budgets 3. Resolution Approving a Preliminary Tax Capacity Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Service, and Relocating Assistance Pursuant to the Provisions of MSA 469.001 through 469.047 of the Housing and Redevelopment Authority of the City of Brooklyn Center for the year 2001 CITY COUNCIL AGENDA 4- September 11, 2000 • 4. Resolution Setting December 4, 2000, as Date for Truth in Taxation Public Hearing and December 11, 2000, for Continuation Hearing and Budget Adoption - Requested Council Action: - Motion to adopt resolutions. e. Report on Lot 1, Block 1, Brooklyn Farm Subdivision - Requested Council Action: - Direction to staff on enforcing City Council's interests. (Materials to be delivered on Friday) 9. Adjournment i i � City Council Agenda Item No. 6a • f MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA GENERAL WORK SESSION BUDGET MEETING WITH FINANCIAL COMMISSION AUGUST 21, 2000 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met for a general work session with the Financial Commission at Brooklyn Center City Hall in the Council Chambers and was called to order by Mayor Myrna Kragness at 6:04 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Finance Director Charlie Hansen, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commission Chair Donn Escher, and Financial Commissioners Mark • Nemec, Jerald Blamey, Timothy Elftmann, Gavin Wilkinson, and Lawerence Peterson. City Manager Michael McCauley outlined the agenda which was to discuss the preliminary levy for 2001, determine the social service funding requests for 2001, and identify issues that need to be reflected in the next draft for the worksession on September 5, 2000. Mr. McCauley pointed out before the discussions started that the overheads he was going to be presenting were budget to budget, not actual to budget. DISCUSSION OF SOCIAL SERVICE FUNDING Mr. McCauley discussed the Council Policy for funding of social services and requested direction from the Council as to how much money they want to set for funding of social services. There was discussion regarding the amount of money being requested and why the increase is higher for Project Peace and Brooklyn Peacemaker. After further discussion it was the consensus of the Council that $7,000 for Brooklyn Peacemaker and $4,000 for North Hennepin Mediation Program be approved for 2001. It was noted that the Heritage Festival does not exist anymore and that there may be a request for some money in the future for other festival events which can be taken from the City Council budget. • 08/21/00 -1- DRAFT DISCUSSION OF DRAFT 2001 BUDGET Mr. McCauley outlined the proposed draft for the general fund revenues and expenditures. The Council and Financial Commission discussed the proposed draft and areas that need to be reviewed before fmalizing the budget for 2001. There were many issues discussed that included: ♦ Uncolletable taxes; ♦ Percentage increases for operating revenues and expenditures; ♦ Contractual items; ♦ Special assessments being added to the budget; ♦ Personnel requests; and ♦ Lodging tax Mr. McCauley discussed the proposed budget basically continues current operations. The Council and Financial Commission discussed issues of the adequacy of the draft levy and future personnel costs. Councilmember Hilstrom suggested to defer the budget discussions until after the Council Retreat. It was the consensus of the Council to continue the budget discussions at the September 5, 2000, worksession. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adj ourn the meeting at 8:07 p.m. City Clerk Mayor 08/21/00 -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 STUDY SESSION AUGUST 28, 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. Also Present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Michael McCauley requested that Planning Commission Items, 8a and 8b, be combined for discussion. It was the consensus of the Council to have these two items combined for discussion and that one motion for both applications would be acceptable. COMMUNITIES FOR SAFER GUNS COALITION Mayor Kragness requested that the Council discuss a request from Secretary Cuomo at the U.S. Department of Housing and Urban Development to join the Communities for Safer Guns Coalition and sign a pledge in support of making communities safer and reducing the toll of gun violence in the nation. Council discussed the request and the comments received by Police Chief Joel Downer. No action was taken on the request at this time. MISCELLANEOUS Councilmember Pe a requested an update on the Bossardt issue. Mr. McCauley nformed the pP q p Y Council that most of the contracts and agreements had been settled. Assistant City Manager Jane Chambers discussed that she was in the rocess of making a recommendation and was waiting for p g g a response from the attorney. • 08/28/00 -1- DRAFT Councilmember Nelson identified two areas where he had observed speeding: 69th/Shingle Creek Parkway and Highway 100. Mr. McCauley will have the police monitor speed these two locations. , Council discussed the wall and landscaping located by the new Applebee's. Mr. McCauley informed the Council that the brick has not been finished on the wall because Mr. Schlesinger had not picked the brick for the outside of Brookdale. The brick for the wall at Applebee's and Brookdale will be tied together and that is the reason that the wall is not finished. Mr. McCauley will check into the landscaping at that location by Applebee's. Mr. McCauley informed the Council that the contract for demolition at Brookdale had been awarded to Mortenson and that the demolition will be starting soon. Councilmember Hilstrom discussed her concerns about people crossing the street at the transit hub at Brookdale. Council discussed the area and what could be done. While he did not think there would be a way to prevent pedestrian crossing due to the street width, Mr. McCauley will check with staff about options for the concerns about people crossing the street. Mayor Kragness discussed that she had received some complaints about the garbage at the transit hub and requested that they be contacted regarding the issue. Mayor Kragness and Councilmember Peppe discussed the complaints received about the address of 5425 Irving Avenue North having 7 dogs. Council requested that this be investigated. Council discussed the stormwater pond at Rainbow. Mr. McCauley will have Rainbow checked and • report back to the City Council on the status of the ponds. Councilmember Lasman informed the Council that she had received a call regarding cats running at large and whether the cat has to be caught before anything can be - done. Mr. McCauley discussed the ordinance and that if the resident were to keep track of the information about the animal running at large and get it to the City, the information could be turned over to the prosector for action. ADJOURNMENT The Council adjourned the study session and continued to the informal open forum at 6:40 p.m. City Clerk Mayor 08/28/00 -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 AUGUST 28, 2000 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. a No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Hilstrom, seconded Councilmember Peppe to adjourn informal open forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 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. • 08/28/00 -1- DRAFT 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Nelson reported that he attended the Association of Metropolitan Municipalities meeting and the Northwest Suburbs Cable Communications Commission meeting on August 24, 2000. Councilmember Nelson also reported that the public hearing regarding three new cable companies had been postponed to August 31, 2000. Councilmember Nelson noted that there would be a meeting on the Highway 100 project on Tuesday, August 29, 2000, 6:30 p.m., at Constitution Hall. Mayor Kragness shared a letter she received from the Private College Foundation and congratulated John Yang. Councilmember Hilstrom informed the audience that on September 1, 2000, the Brooklyn Center Police Department will be holding a Traffic Safety Awareness Day at the Brooklyn Center High School (southeast lot) from 6:30 a.m. to 9:00 a.m. , 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the minutes from the August 14, 2000, joint meeting with the Chamber of Commerce, and the August 14, 2000, study and regular sessions. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the following list of licenses. Motion passed unanimously. MECHANICAL Tropic Air Inc. 1302 180th Avenue NW, Cedar United Heating A/C Inc. 1295 Hackamore Road, Medina 08/28/00 -2- DRAFT • RENTAL Renewal 3955 69th Avenue North Richard Dawson SIGN HANGER Stillwater Sign Co. 804 West Laurel Street, Stillwater 6c. APPROVAL Of APPLICATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE (RAFFLE) FROM PROPER ECONOMIC RESOURCE MANAGEMENT A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve application from Proper Economic Resource Management. Motion passed unanimously. 6d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2000-142 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6e. RESOLUTION AUTHORIZING PROFESSIONAL AND STAFF ENGINEERING SERVICES, IMPROVEMENT PROJECT NOS. 2001-01,02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2000-143 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PROFESSIONAL AND STAFF ENGINEERING SERVICES, IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. • 08/28/00 -3- DRAFT i 6f. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2000 -07, CONTRACT 2000 -B, PALMER LAKE CIRCLE STREET IMPROVEMENTS RESOLUTION NO. 2000-144 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDERNO.1, IMPROVEMENT PROJECT NOS. 2000- 07, CONTRACT 2000 -B, PALMER LAKE CIRCLE STREET IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6g. APPOINT ADDITIONAL ELECTION JUDGE TO SERVE IN THE PRIMARY AND GENERAL ELECTIONS A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to appoint Dick Risley to serve as an election judge in the primary and general elections. Motion passed unanimously. 7. PUBLIC HEARING 7a. CONSIDERATION OF PRIVATE KENNEL LICENSE APPLICATION SUBMITTED BY JOHN PROCTER, 6025 HALIFAX AVENUE NORTH, TO KEEP FOUR DOGS City Manager Michael McCauley discussed that this public hearing would be to render a final decision to reverse, affirm, or amend the decision of denial for a private kennel license for John Procter, 6025 Halifax Avenue North to keep four dogs. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. Ms. Procter was present and informed the Council that one of the four dogs passed away last week from a heart attack. Ms. Procter also informed the Council that since the City Manager's denial they have installed a fence to help keep the dogs from running at large and that the only time the dogs are outside are when they are outside working in the yard. Ms. Procter admitted that one of the dogs does bark but not for a long period of time. Mayor Kragness asked Ms. Procter about the surveys that had been received regarding the dogs defecating in the neighbors' yards. Ms. Procter informed the Council that there are other dogs in the neighborhood and that it is not fair to assume it is her dogs defecating in the yards. 08/28/00 -4- DRAFT • • Tom Repinski, 6024 June Avenue North, addressed the Council to discuss that he was a neighbor of the Procters and that he does not believe that the dogs are a nuisance. Council discussed the background information provided in the materials. Mayor Kragness informed the Procters that the building inspections department had okayed the inspection for cleanliness and being well maintained. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. A motion by Councilmember Nelson, seconded by Councilmember Lasman to reverse the City Manager's decision to deny a private kennel license and approve a private kennel license to keep only the three dogs listed on the application with no replacement or addition of dogs for a period of time, not to exceed three years, and subject to the conditions of the City Ordinance, Chapter 1. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 2000-019 SUBMITTED BY FRAUENSHUH COMPANIES REQUESTING SITE AND BUILDING PLAN APPROVAL FOR THE REDEVELOPMENT OF THE BROOKPARK • DENTAL CENTER AT 6437 BROOKLYN BOULEVARD -THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 10, 2000, MEETING. 8b. PLANNING COMMISSION APPLICATION NO. 2000-020 SUBMITTED BY FRAUENSHUH COMPANIES REQUESTING A VARIANCE FROM SECTION 35 -400 OF THE CITY ORDINANCES TO ALLOW A 35' BUILDING SETBACK RATHER THAN A 50' MAJOR THOROUGHFARE SETBACK FOR THE BROOKPARK DENTAL CENTER REDEVELOPMENT AT 6437 BROOKLYN BOULEVARD -THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 10, 2000, MEETING. Mr. McCauley discussed that both Planning Commission Application Nos. 2000 -019 and 2000 -020 were relating to the same project and that the Planning Commission recommended approval of both applications subject to the following conditions: 2000 -019 Conditions 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building permits. • 08/28/00 -5- DRAFT 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of building permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure the completion of all site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. The buildings are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilities site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas with the exception of the front entrance area for handicap accessibility and where the trash pick up area is proposed. e 9. The applicant shall submit an as built survey of the property, improvements, and inspection of utility and storm drainage systems prior to the issuance of permits. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the Engineering Department. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 13. The final plat combining this site into a single lot shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 14. Approval of this application is contingent upon the granting of a variance from the 50 foot major thoroughfare setback comprehended by Planning Commission Application No. 2000 -020. 08/28/00 -6- DRAFT • • 15. The applicant shall provide the City Engineer with detailed assurances as to the adequacy of the size, design, and material prior to the reuse of the existing sanitary sewer. 2000 -020 Conditions Approval of this application is on the basis of it being consistent with the recommendations of the Brooklyn Boulevard studies which would allow non - residential buildings to be located closer to the street right -of -way along Brooklyn Boulevard and that the proposal meets the standards for variance particularly with respect to hardship and not being detrimental to the public welfare or injurious to other land or improvements in the neighborhood. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application Nos. 2000 -019 and 2000 -020 subject to the above listed conditions. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. PROCLAMATION DECLARING SEPTEMBER 2000 AS PROSTATE CANCER AWARENESS MONTH Mayor Kragness urged residents to become aware of the risks of prostate cancer and discussed that • the City is proclaiming September 2000 as Prostate Cancer Awareness Month. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to adopt proclamation declaring September 2000 as Prostate Cancer Awareness Month. Motion passed unanimously. 9b. SET SPECIAL SESSION FOR MONDAY, NOVEMBER 20, 2000, 6 P.M., COUNCIL CHAMBERS, FOR SALE OF SPECIAL ASSESSMENT BONDS Mr. McCauley requested a special session for Monday, November 20, 2000, at 6:00 p.m., for the sale of special assessment bonds. The City Council Worksession will immediately follow the special session. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to set special session on Monday, November 20, 2000, at 6:00 p.m., in the Council Chambers. Motion passed unanimously. 08/28/00 -7- DRAFT 9c. AN ORDINANCE AMENDING ORDINANCE NO. 98 -03 REGARDING COUNCIL SALARIES FOR 2001 -2002 AND ACCEPTING RECOMMENDATION OF FINANCIAL COMMISSION Mr. McCauley discussed the Financial Commission reviewed the Council salaries and is making the following recommendations to amend Ordinance 98 -03: Section 1. City of Brooklyn Center Ordinance No. 98 -03, which amended the amount of the annual salaries to be paid to the Mayor and Council Members to become effective January 1, 1999, is hereby amended. Section 2. Effective January 1, 2001, the annual salary for Mayor shall be $9,583 and the annual salary for Council Members shall be $7,337. Section 3. Effective January 1, 2002, the annual salary for Mayor shall be $9,870 and the annual salary for Council Members shall be $7,557. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to accept recommendation from the Financial Commission and approve first reading of the ordinance amendment and set September 25, 2000, for second reading and public hearing. Motion passed unanimously. 9d. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING POLICY ON COUNCIL USE OF ELECTRONIC MAIL AND VOICE MAIL Mr. McCauley discussed this resolution would amend the City Council handbook regarding the policy on the Council's use of electronic mail and voice mail. The Financial Commission recommended an increase in the City Council's compensation to reflect the added costs to Council Members of Internet access in communicating with constituents and the City and the amendment would eliminate the Internet access reimbursement in the policy when the compensation change took effect. RESOLUTION NO. 2000-145 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING POLICY ON COUNCIL USE OF ELECTRONIC MAIL AND VOICE MAIL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. i 08/28/00 -8- DRAFT • i • 9e. RESOLUTION AUTHORIZING CONTRACT FOR ARCHITECTURAL SERVICES FOR BLUMENTALS ARCHITECTURE INC. FOR CIVIC CENTER PROJECT Mr. McCauley discussed several requests for proposals were sent for architectural services for the Civic Center project. The two firms that submitted proposals were Blumentals Architecture, Inc. and LHB Engineering and Architects. One of the firms that requested a proposal and did not submit a proposal was contacted to inquire about them not submitting a proposal. It was noted that they did not have the staff available at this time due to the level of building activity. Both Blumentals Architecture, Inc. and LHB Engineering and Architects have experience in municipal projects; however, Blumentals Architecture, Inc. had a better understanding of the City's needs and submitted a proposal significantly less expensive than LHB. RESOLUTION NO. 2000-146 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CONTRACT FOR ARCHITECTURAL SERVICES FOR BLUMENTALS ARCHITECTURE INC. FOR CIVIC CENTER PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9f. REPORT ON RANDOM ACTS OF KINDNESS Mr. McCauley reported that Cities Week will be held October 8 through October 14, 2000, and as part of the Cities Week the City would like to recognize Brooklyn Center residents and groups who have performed acts of kindness. Nominations are to be received at City Hall by October 9, 2000, and the Council will recognize the nominees at its October 23, 2000, meeting. A motion by Councilmember Lasman, seconded by Councilmember Peppe to move forward with random acts of kindness. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:32 p.m. Motion passed unanimously. • 08/28/00 -9- 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 EXECUTIVE SESSION AUGUST 28, 2000 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in Executive Session and was called to order by Mayor Myrna Kragness at 7:49 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. Others present were Attorney Kevin Staunton, Hinshaw and Culbertson, and Attorney Cliff Greene, Greene Espel. Mr. Staunton and Mr. Greene met with the City Council for the purpose of providing legal advice. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to adjourn the Executive Session at 8:56 p.m. Motion passed unanimously. City Clerk Mayor 8/28/00 -1- DRAFT 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 GENERAL WORK SESSION SEPTEMBER 5, 2000 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met for a general work session with the Financial Commission at Brooklyn Center City Hall in the Council Chambers 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. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Finance Director Charlie Hansen, Public Works Director Diane Spector, and Deputy City Clerk Maria Rosenbaum. S Others present were Financial Commission Chair Donn Escher, and Financial Commissioners Mark Nemec, Timothy Elftmann, Gavin Wilkinson, Jay Hruska, and Lawerence Peterson. GENERAL DISCUSSION OF DESTINATION PARK PLAN AND CAPITAL IMPROVEMENT FUNDING LEVELS FURTHER DISCUSSION OF PRELIMINARY 2001 TAX LEVY AND DRAFT 2001 BUDGET City Manager Michael McCauley discussed the current Destination Park Plan and Capital Improvement Funding levels and requested direction from the Council on prioritizing funding for the purpose of the Monday, September 11, 2000, meeting on the Preliminary Levy for 2001. The Council and Financial Commission discussed the funding and it was the consensus that 3.95 percent would be the number used for the Preliminary Levy for 2001 on September 11, 2000. The Council took a short break at 7:58 and reconvened at 8:08 p.m. 09/05/00 -1- DRAFT UTILITY HOOK -UP CHARGES Mr. McCauley informed the Council that City Attorney Charlie LeFevere reviewed the deferred and partial utility hook -up charges the Council previously requested. Mr. LeFevere's opinion was that the vague past charges were in most cases unenforceable. The draft policy would provide for a uniform method of charging for new connections. The Council indicated they would like the draft to be introduced with the City Attorney's opinion for consideration. Councilmember Hilstrom indicated that she would like the discussion of this issue to be introduced as the City Attorney's review and recommendation. MASSAGE THERAPISTS Mr. McCauley requested direction from the Council as to whether or not they would like to have staff further research massage therapist regulations in the City of Brooklyn Center. It was the consensus of the Council to have massage therapist regulations further reviewed and that there be some regulations incorporated to whatever is brought back to the Council. MISCELLANEOUS Council discussed Brookdale and the plans for Brooklyn Boulevard. • ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to adjourn the meeting at 8:24 p.m. City Clerk Mayor 09/05/00 -2- 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: September 6, 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 September 11, 2000. MECHANICAL Assured Heating A/C and Ref Inc. 514 Jefferson Highway, Champlin Owens Companies, Inc. 930 E. 80th Street, Bloomington • PRIVATE KENNEL Barbara and Gregory Ulbrich 6807 Emerson Avenue North RENTAL Renewal: 5746 Irving Avenue North Kathy Becker 5337 70th Circle Gary Bistodeau 4715 France Avenue North Paul Hinck Initial: 6718 Colfax Avenue North Kenneth Fountain 5256 E. Twin Lake Bouelvard Scot Frenzel 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 DATE: September 6, 2000 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER • ------------ ------------------------------------------------------------------------------------= TODD UNDHEIM 6942 MAJOR AVE N 168, 169 CLARENCE DUDLEY 6510 BROOKLYN BLVD 170 DAVID & BARBARA BERG 3706 COMMODORE DR 171 STEVEN BAKER 6007 FREMONT AVE 172 IND. SCHOOL DIST. NO 286 5900 HUMBOLDT AVE 173 GEORGE & PEGGY HAMILTON 3618 53RD PLACE 174 JAMES TALMADGE 5000 FRANCE AVE N 175,176 ELPIDIO & LOIS TOLENTINO 3712 COMMODORE DR 177 MARILYN & FRANCIS O'BRIEN 5831 ADMIRAL LA 178 BERTIL & ELEANOR LUNDBERG 6018 EWING AVE N 179 ROBERT MEYER 5421 4TH ST N 180 JOSLYN MANUFACTURING CO. NORTH OF 4819 LAKEVIEW AVE 181,182 ROGER & GERALDINE REGER 5024 FRANCE AVE N 183 MONA BLOUNT 3912 57TH AVE N 184 KELLY KROGH 4908 ABBOTT AVE N 185 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) is shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. RESOLUTION NO. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6d i • i MEMORANDUM DATE: September 6, 2000 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer' SUBJECT: Resolution Approving Supplemental Agreement No. 1, Improvement Project Nos. 2000 - 01,02, and 03, Contract 2000 -B, Garden City Central Street, Storm Drainage, and Utility Improvements Supplemental Agreement No. 1, in the net amount cf $15,688.01 is proposed to modify the sanitary sewer and water plans for 63rd Avenue. A 1300 -foot segment of 8" sewer pipe is being upgraded to a 10 -inch PVC sewer pipe and the water main is being connnected to a 16 -inch main instead of an 8 -inch main as shown on the plan. The net amount of $15,688.01 quoted by the contractor for the additional work is reasonable and sufficient funds are available in the Water and Sewer accounts to pay for the improvements. A copy of the supplemental agreement is attached. A resolution approving supplemental agreement in the amount of $15,688.01 is provided for Council consideration. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1, IMPROVEMENT PROJECT NOS. 2000 -01, 02, & 03, CONTRACT 2000 -B, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS I WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Arcon Construction Co., Inc. is completing the following improvement in accordance with said contract: Improvement Project No.2000 -01,02 & 03, Contract 2000 -B, Garden City Central WHEREAS, the City of Brooklyn Center wishes to add additional work pursuant to the written contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Water main and sanitary sewer improvements for 63rd Avenue shall be modified for Improvement Project Nos. 2000 -01, 02 & 03, Contract 2000 -B, as Supplemental Agreement No. 1. • 2. Project costs and revenues are hereby amended as follows: COSTS As Amended Per Co. #1 As Amended Per Supplemental #1 Contract $3,778,048.55 3,778,048.55 Contingency $226,682.91 226,682.91 Change Order #1 56,856.80 56,856.80 Supplemental #1 15,688.01 Subtotal Construction Cost $4,061,588.26 4,077,276.27 Admin/Legal /Engr. $239,000.00 $239,000.00 Reforestation $38,000.00 $38,000.00 Streetlights $75,000.00 $75,000.00 Total Estimated Project Cost $4,413,588.26 4,429,276.27 REVENUES Street Assessment $866,450.00 $866,450.00 MSA $300,800.00 $300,800.00 Water Fund $756,468.40 766,201.66 Storm Drainage Assessment $288,288.00 $288,288.00 Storm Drainage Utility Fund $621,856.00 $621,856.00 Sanitary Sewer Utility $713,301.40 719,256.15 • General Fund (Schedule C) $ 54,790.00 $ 54,790.00 Special Assmnt. Const. Fund $811,634.46 $811,634.46 Total Estimated Revenue - $ 4,413,588.26 4,429,276.27 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. • • MIS /DOT TP- 02134 -03 (5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. to Contract No. SUPPLEMENTAL AGREEMENT NO.1 Shea of �tractor:ARCON CONSTRUCTION CO., INC. Federal Project: State Project No: SAP 109 - 101 -03 Address: P.O. BOX 159 Location: 63RD AVENUE NO. 43425 FRONTAGE ROAD HARRIS, MN 55032 Pro.No. F.Y. Account I.D. I Dept/Div Sequence No. Suffix Object Vendor Type Amount 01 V Purchase Term Asset No. C.CD.1 C.CD2 C.CD.3 C.CDA C.CD.5 000NET Type of A40 [ ] A41[ ] Dated Number Entered by Transaction: A44 [ 1 A45 [ 1 A46 [ ] Dated Number Entered trr This contract is amended as follows: NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT: The City of Brooklyn Center Contract 2000 -B, Improvement Project Nos. 2000 -01,02 & 03, Schedule B, shall be amended according to the following unit prices. is ADD Unit Item No. Item Unit Quantity Price Amon 2503.603 10" PVC SANITARY L.F. 1293 $21.38 $27,644.34 2503.602 4" WYE ON 10" PVC EA 32 $69.00 $ 2,208.00 2504.602 8 GATEVALVE EA 1 $545.75 $ 545.75 2504.602 8" TAPPING VALVE ON 16" DIP EA 1 $1,375.00 $ 1,375.00 2504.602 6" TAPPING VALVE ON 16" DIP EA 3 $1,154.00 $ 3,462.00 2504.603 8" OFFSET WATERMAIN LF 42 $ 62.00 $ 2,604.00 2504.602 8" MR - A - LUCC EA 1- fi 33.6Q ,On 504.OQ TOTAL ADD - SUPPLEMENTAL AGREEMENT NO. 1 $38,343.09 DF,DT TC :T 2503.603 8" PVC SANITARY. L.F. 1293 $15.60 $20,119.08 250 .602 11(4t Wa EA _32 $48.00 S 1,536.00 TOTAL DEDUCT - SUPPLEMENTAL AGREEMENT NO. 1 $22,655.08 NET CHANGE THIS SUPPLEMENTAL AGREEMENT $159688.01 ,APPROVED APPROVED Original Contract Dated Commissioner of Commissioner of 22- sd Administration Finance Schedule B $403,730.90 TodaHoward ,City Engineer Dat By Approved as to form and o execution Arcon Construction, Contractor Dated Dated Dated Asst. Division Engineer Assistant Attorney General Dated Agency Head Original to State Auditor --Copy to Agency City Council Agenda Item No. 6e MEMORANDUM DATE: September 6, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Certifying Special Assessments for Improvement Project No. 2000 -07, Contract 2000 -B, Palmer Lake Circle Street and Storm Drainage Improvements, to the Hennepin County Tax Rolls On August 14, 2000, the City Council by Resolution 2000 -141, ordered Improvement Project No. 2000 -07. In September of 1999, the residents abutting Palmer Lake Circle petitioned the City for improvements to the water main. On August 2, 2000, the City received a waiver and petition from property owners abutting Palmer Lake Circle requesting concrete curb and gutter be added onto the utility work and that they be assessed consistent with the 2000 street assessment rate of $2,180 per parcel for street improvements and $710 per parcel for storm drainage. The attached resolution certifies special assessments for street and storm drainage improvements for Improvement Project No. 2000 -07, Contract 2000 -E, Palmer Lake Circle to the Hennepin County tax rolls. • I its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2000 -07, CONTRACT 2000 -B, PALMER LAKE CIRCLE STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the property owners abutting Palmer Lake Circle submitted a petition for street and storm drainage improvements, agreeing to pay 100 per cent of the cost of said improvements and waiving rights of objection and appeal; and WHEREAS, said petition was found adequate and the improvement ordered by Resolution 2000 -141; and WHEREAS, assessment rolls, copies of which are attached hereto and part hereof by reference, have been prepared by the City Clerk, tabulating those properties where street improvement and storm drainage costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Such proposed assessments, Special Assessment Levy Nos. 14902 and 14903, made a part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten (10) years as indicated on the assessment roll. The first of the installments to be payable with ad valorem taxes in 2001, and shall bear interest at the rate of seven (7) percent per annum on the entire assessment from October 1, 2000 through December 31, 2001. 3. The owner of any property so assessed may at any time prior to the certificate of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire, assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of • the assessment remaining unpaid, with interest accrued to December 31 of I RESOLUTION NO. • before November 15, or interest shall be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayor ATTEST: • City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • CITY OF BROOKLYN CENTER CERTIFIED SPECIAL ASSESSMENT ROLL 9/11/00 • PALMER LAKE CIRCLE IMPROVEMENTS IMPROVEMENT PROJECT 2000 -07 :E? F .. A17.bN Streetc�c�res £E .0NY#:� =S i ©R a ` N .... ... x::`? IQ I 27 - 119 - -41 -0017 89664 7121 PALMER LAKE DR W 1 14902 $2,180.00 14903 I $710.00 27- 119 -21 -42 -0111 89664 7119 PALMER LAKE CIR 1 14902 $2,180.00 14903 I $710.00 27- 119 -21 -42 -0112 89664 7117 PALMER LAKE CIR 14902 I $2,180.00 14903 $710.00 27- 119 -21-42 -0113 89664 7115 PALMER LAKE CIR 1 14902 $2,180.00 14903 I $710.00 27- 119 -21-42 -0114 89664 7113 PALMER LAKE CIR 14902 $2,180.00 14903 I $710.00 27- 119 -21 -42 -0115 89664 7111 PALMER LAKE CIR 14902 $2,180.00 14903 $710.00 27- 119 -21-42 -0116 89664 7109 PALMER LAKE CIR 14902 $2,180.00 14903 $710.00 I (TOTAL I I $15,260.00 I $4,970.00 s • City Council Agenda Item No. 7a i • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held the 1 day e y g p g e d on lth y of S ptembert, 2000, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND. (BROOKPARK DENTAL CENTER) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: • Section 35 -1140. MULTIPLE FAMILY RESIDENCE DISTRICT (R5). The following properties are hereby established as being within the (R5) Multiple Family Residence District zoning classification: Lots 1 2, Block 10, Northgate Addition, except that part of Lot 2, Block 10, Northgate lying northeasterly of the following described line: Beginning at the northwest or most westerly comer of Lot 1, Block 10, said Addition; thence northwesterly and parrallel with the southwesterly line of Brookyn Boulevard to its intersection with the southerly line of 65th Avenue North. Section 35 -1170 SERVICE /OFFICE DISTRICT (Cl). The following properties are hereby established as being within a (Cl) Service /Office District zoning classification: That part of La 2 Bloek 7� Addition y �l1 not fJilfi'GV'iil ui S� iiLGli 1111G. It— g 1r ulllig et i c ' y a v llllil 0, J dic,.i ..o.- ,t - .Nith the souther W VJtcjl 11i1V V - I31Voklyr1 Dcj4 t.vl l d to } k.. a11a line -e'k Vuµ'V 11V1'ar Lot 1. Block 1 Dental Center 2nd Additiol. . Section 2. This ordinance shall become effective after adoption and upon 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. 7b 1 . MEMORANDUM DATE: September 6, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works ., SUBJECT: Public Hearing Regarding 2000 Proposed Special Assessments The series of public hearings scheduled on September 11, 2000 are the annual hearings to consider certification of proposed special assessments. The Council called for these hearings at its August 14, 2000 meeting. All potentially affected property owners have been notified by certified mail of the date of the public hearing and the amount of the proposed special assessments, with the exception of those with delinquent public utility service accounts and public nuisance abatement. Those property owners have been notified by either first class mail, signed agreements or court proceedings. Recommended Procedure • Hold each hearing one at a time. 1) Request staff report 2) Council discussion 3) Open public hearing and take public comment 4) Close public hearing 5) A resolution is provided for each levy roll which is to be adopted. Some property owners may choose to object to a special assessment; other property owners may choose to appeal an assessment. An objection is typically a concern expressed by the property owner about the amount of the assessment, or perhaps an assertion that they are not responsible for its payment. It is most common to receive objections regarding assessments for tree removal or weed destruction, with property owners disputing an amount, or stating that the work occurred under the previous property owners. An appeal is a legal challenge to the assessment. Property owners must fi le with the City Clerk a written notice of objection before or at the public hearing, and then follow up with service of notice of appeal on the City and filing with district court. These types of disputes often require both parties to obtain appraisals and review and possibly negotiate assessments, and can lead to legal hearings. • i • Should objections or appeals be filed with the Clerk prior to the public hearing, or should any person appear at the hearing and object to or appeal an assessment, it is recommended that the Council: ♦ Refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint, and assemble documentation. Consider removing the objected - to assessment from the proposed levy roll and adopting the remaining proposed assessments. ♦ If appeals are filed, staff will advise the council about options about how to handle the dispute and the litigation. Payment Options Available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following payment options: 1. Pay the entire amount of the special assessment, without interest, if payment is made any time between September 12 and October 12, 2000. • 2. From October 13 through November 27, 2000, the property owner may pay the total assessment, with interest calculated from October 1, 2000 to the date of payment. 3. If payments are made with property taxes, the first payment will be due with taxes in 2001. The total principle will be payable in annual installments for the period stated on the levy roll. Interest is paid on the unpaid balance. 4. Partial prepayments (such as paying half now and certifying the balance) are not allowed under current assessment policy. • MEMORANDUM DATE: September 6, 2000 TO: Michael J. McCauley, City Manager ` FROM: Diane Spector, Director of Public Works SUBJECT: Public Hearing Regarding Special Assessments for Improvement Project Nos. 2000 -01 and 02, Contract 2000 -B, Garden City Central Neighborhood Street and Storm Drainage Improvements On February 28, 2000, the City Council by Resolution 2000 -36 ordered Improvement Project Nos. 2000 -01 and 02. On August 14, 2000, the City Council adopted Resolution 2000 -131 calling for a public hearing regarding proposed special assessments associated with the project. The attached resolution certifies special assessments for street and storm drainage improvements for Improvement Project Nos. 2000 -01 and 02, Contract 2000 -B, Garden City Central Neighborhood to the Hennepin County tax rolls. i adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2000 -01 AND 02, CONTRACT 2000 -B, GARDEN CITY CENTRAL NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 14844 and 14845; and WHEREAS, assessment rolls, copies of which are attached hereto and part hereof by reference, have been prepared by the City Clerk, tabulating those properties where street improvement and storm drainage costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Such proposed assessments, Special Assessment Levy Nos. 14844 and 14845, made a part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be- benefitted by the improvement in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten (10) years as indicated on the assessment roll. The first of the installments to be payable with ad valorem taxes in 2001, and shall bear interest at the rate of seven (7) percent per annum on the entire assessment from October 1, 2000 through December 31, 2001. 3. The owner of any property so assessed may at any time prior to the certificate of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest shall be charged through December 31 of the succeeding year. • RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • CITY OF BROOKLYN CENTER CERTIFIED SPECIAL ASSESSMENT ROLL 9/11/00 . GARDEN CITY CENTRAL NEIGHBORHOOD 2000 -01 & 02 =4 PCD t Z #: 34- 119 -21-41 -0001 89391 3000 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21-41 -0002 89391 3006 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -41 -0003 89391 3012 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21-41 -0004 89391 3018 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21-41 -0005 89391 3100 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -41 -0006 89391 13106 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21-41 -0007 89391 13112 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -41 -0008 89391 13118 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -41 -0009 89391 13200 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -41 -0010 89391 13206 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -41 -0011 89391 13212 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -41 -0012 1 89391 13218 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -41 -0013 1 89391 13300 63RD AVE N 14844 $2,180.00 14845 1 $710.00 34- 119 -21 -41 -0014 89391 13306 63RD AVE N 14844 $2,180.00 14845 i $710.00 34- 119 -21 -41 -0015 I 89391 13312 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -41 -0016 89391 13318 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -42 -0030 1 06071 16300 BROOKLYN BLVD 14844 $40,378.00 14845 $20,937.00 34- 119 -21 -43 -0010 89394 3401 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21-43 -0011 89394 6231 BEARD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -43 -0012 89394 6225 BEARD AVE N 14844 $2,180.00 14845 1 $710.00 34- 119 -21 -43 -0013 1 89394 6219 BEARD AVE N 14844 $2,180.00 14845 I $710.00 34- 119 -21 -43 -0014 1 89394 6213 BEARD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -43 -0015 89394 6212 CHOWEN AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -43 -0016 89394 6218 CHOWEN AVE N 14844 $2,180.00 14845 $710.00 34119 -21 -43 -0017 89394 6224 CHOWEN AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -43 -0018 89394 6230 CHOWEN AVE N 14844 $2,180.00 14845 $710.00 34-119-21-43-0019 89394 6236 CHOWEN AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21-43 -0020 89394 3501 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -43 -0021 89394 6231 CHOWEN AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21-43 -0022 89394 6225 CHOWEN AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -43 -0023 89394 6219 CHOWEN AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21-43 -0024 1 89525 6207 BEARD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -43 -0025 I 89525 3400 62ND AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -43 -0026 1 89525 3412 62ND AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -43 -0027 89525 6206 CHOWEN AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21-43 -0028 89525 6207 CHOWEN AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -43 -0029 89525 3500 62ND AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -43 -0030 89525 6200 BROOKLYN BLVD 14844 $2,180.00 14845 $710.00 34- 119 -21-43 -0032 89525 3401 62ND AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -43 -0033 I 89525 3407 62ND AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -43 -0034 89525 (3413 62ND AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -43 -0035 89525 13501 62ND AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21-43 -0036 89525 13507 62ND AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21-43 -0037 89525 16142 BROOKLYN BLVD 14844 $2,180.00 14845 $710.00 34- 119 -21-43 -0039 I 89525 16137 BEARD AVE N 14844 $2,180.00. 14845 $710.00 34- 119 -21 -43 -0040 89394 6213 CHOWEN AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21-43 -0045 89672 6109 BEARD AVE N 14844 $2,970.00 14845 $1,540.00 34- 119 -21 -43 -0046 89729 6250 BROOKLYN BLVD 14844 $5,940.00 14845 $3,080.00 34- 119 -21-43 -0056 89753 6100 BEARD AVE N 14844 $3,777.00 14845 $1,959.00 34- 119 -21-43 -0060 01792 16120 BROOKLYN BLVD 14844 $7,587.00 14845 $3,934.00 34- 119 -21-43 -0062 03358 6117 BEARD AVE N 14844 $1,123.25 14845 $582.50 34- 119 -21 -43 -0063 - 03358 6119 BEARD AVE N 14844 $1,123.25 14845 $582.50 • 34- 119 -21-43 -0064 03358 6121 BEARD AVE N 14844 $1,123.25 14845 $582.50 34- 119 -21 -43 -0065 03358 6123 BEARD AVE N 14844 $1,123.25 14845 $582.50 34- 119 -21 -44 -0001 89391 13001 63RD AVE N 14844 $2,180.00 14845 $710.00 34-1 89391 3007 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -44 -0003 89391 3013 63RD AVE N 14844 $2,180.00 14845 $710.00 34- 119 -21 -44 -0004 1 89391 13019 63RD AVE N 14844 $2,180.00 14845 $710.00 � � CITY OF BROOKLYN CENTER CERTIFIED SPECIAL ASSESSMENT ROLL 9/11XD] GARDEN CITY CENTRAL NEIGHBORHOOD 2OUO-01&02 T RE 34-119-21' 6& - 7 89391 3101 63RD AVE N 14844 $2'180.00 14845 $710.00 34-119-21-44-0006 89391 31O7G3RD AVE N 14844 *2.18010 14845 $710%0 34'119'21-44-0007 89391 3113G3RD AVE N 14844 *2.180.00 14845 $710.00 34'119-21'44'0008 89391 3110G3RD AVE N 14844 $2.180.00 14845 $710.00 34-119'21'44'0009 89391 32O163RD AVE N 14844 $2.180.00 14845 $710.00 � 34-119'21'44'0010 89391 32U7O3RD AVE N 14844 $2.180.00 14845 $710.00 34419'21'44'0011 89391 321383RO AVE N 14844 $2.180.00 14845 s710.00 34-119'21'44-0012 89391 321SG3RO AVE N 14844 $2.180.00 14845 $710.00 34419'21-44'0013 89391 33O1G3RD AVE N 14844 $2.180.00 14845 $710.00 34410'21'44'0014 80301 33OTG3RD AVE N 14844 $2.180.00 14845 $710.00 34418'21-44'0015 89391 3313S3RD AVE N 14844 $2.180.00 14845 $710.00 34'119'21-44'0016 803§1 331AG3RD AVE N 14844 s3.180.00 14845 $710.00 34419'21'44'0017 89392 3000 NASHRD 14844 $2.180.00 14845 $710.00 34410'21'44-0018 89302 3006NASHRD 14844 $2.180.00 14845 *71088 34'119'21'44'0019 89392 3012NASHRD 14844 $2.180.00 14845 $710.00 34-119'21'44'0020 89302 3018 NASHRD 14844 $2.180.00 14845 $710.00 34'119'21'44'0021 89392 3024NAGHRD 14844 *2.180.00 14845 $710.00 34410'21-44-0022 89302 3100NYUKAFORDRD 14844 $2.180.00 14845 $710.00 34-110'21-44-0023 89392 3112yNUN\FORDRD 14844 $2.180.00 14845 s710.00 34419'21-44-0024 89302 3200 yNUyNFORDRD 14844 $2.180.00 14845 $710.00 34419'21-44'0025 89392 3206 yNUyNFORDRD 14844 $2.180.00 14845 $710.00 34'110'21-44'0020 89392 3212yNUN{FORDRO 14844 s2.180.00 14845 $710.00 34419'21-44-0027 89392 3218yNUyNFORORD 14844 s2.180.00 14845 $710D0 34419'21-44-0028 89392 3224yNUyNFORDRD 14844 $2.180.00 14845 $710.00 34'119'21'44'0029 89392 3300 N1UyNFORDRD 14844 $2.180.00 14845 $710.00 34410'21-44'0030 89392 3306 K1UN1FORORD 14844 $2.180.00 14845 $710.00 34'118-21-44'0031 89392 3312K4UN1FORDRD 14844 $2.180.00 14845 $710.00 34'110-21~44'0032 88392 3318yNUK4FORDRD 14844 $2.180.00 14845 $710.00 34'119'21'44'0033 89392 3012YNUyNFORDRD 14844 $2.180.00 14845 $710.00 34'119'21-44'0034 89392 3006 N\UN|FORDRD 14844 $2.180.00 14845 $710.00 34419'21-44-0035 89392 6210XER%ES AVE N 14844 $2.180.00 14845 $710.00 34419'21-44-0036 89302 6225XER%ES AVE N 14844 $2.180.00 14845 *710D0 34'110'21-44'0037 89392 3007NA8HRD 14844 $2.180.00 14845 $710.00 34419'21-44'0038 89392 3013NASHRD 14844 $2.180.00 14845 $710.00 34419'21'44'0039 89302 3019 NASHRO 14844 $2.180.00 14845 s710.00 34'119'2144'0040 80392 3018 N\UK4FDRDRD 14844 $2.180.00 14845 s710.00 34'119'21-44'OO41 | 89392 G213XERXES AVE N 14844 $2.180.00 14845 $710.00 34419'21-44'0042 80392 8807yNUyNFORORD 14844 1 $2.180.00 14845 $710.00 34'119'21'44'0043 89392 3013K4UNYFORDRD 14844 $2.180.00 14845 $710.00 34410-21'44'0044 89392 8019 /NUN1FORDRD 14844 s2.180.00 14845 $710.00 34'119'21'44-0045 89392 3025MUMFORDRD 14844 s2.180.00 14845 $710.00 34'119'21-44-0046 89392 3031K4UK1FDRDRD 14844 s2.180.00 14845 $710.00 34'119'21-44-0047 80392 3101 N\UN\FORDRD 14844 $2.180.00 14845 $710.00 34'119'21-44'0048 89392 3107yNUYNFORDRD 14844 $2.180.00 14845 $710.00 34'119'21-44'0049 89392 3113yNUK4FORDRD 14844 *2.180.00 14845 $710.00 34419'21-44'0050 89392 3201yNUyNFORDRO 14844 | $2.180.00 14845 $710.00 34'119'21-44'0051 80392 3207N\UK4FORDRO 14844 $2.180.00 14845 $710.00 34419'21'44'0052 [ 89392 3213yWUMFORDRO 14844 $2.180.00 14845 *710.00 34'119'21'44'0053 89392 3219 yNUyNFORDRD 14844 $2.180.00 14845 *710.00 34'119'21-44'0054 89392 3301W\UyNFORDRO 14844 $2.180.00 14845 *710.80 34'119'21'44'0055 89302 3307/NU/NFORORD 14844 $2.180.00 14845 $710.00 34'119'21-44'0056 89392 3313/NU/NFORDRD 14844 $2.180.00 14845 $710.00 34419'21'44'0057 89392 3319 K8UK8FORDRD 14844 $2.180.80 14845 $710.00 34419-21'44-0058 89392 3318G2ND AVE N 14844 $2.180.00 14845 $710.00 34419'2144'0059 89392 3312G2ND AVE N 14844 s2.180.00 14845 $710.00 34-119-21~44'0060 89392 33OGG2ND AVE N 14844 $2.180.00 14845 $710.00 34'110-21'44-0061 89392 33OOG2ND AVE N 14844 $2.180.00 14845 $710.00 34419'21-44'0062 89392 3224G2ND AVE N 14844 $2.180.00 14845 s710.00 n CITY OF BROOKLYN CENTER f � CERTIFIED SPECIAL ASSESSMENT ROLL Qd1/OO GARDEN CITY CENTRAL NEIGHBORHOOD 3000'O1&O2 *-:'-'� ' ( ��� / ' ;�� �`lL��� 1-44 --'�^^-- --~---° - 4 | ' .1 � 14845 ( ' 10.0 34'119'21~44-0064 89392 3212O2ND AVE N 14844 s2.180.00 14845 | a710.00 34'110'21-44-0065 89392 |32O8G2ND AVE N 14844 $2.180.00 14845 $710.00 34-118'21-44'0066 80392 132O082ND AVE N 14844 $2.180.00 14845 $710.00 34'119'21'44'0087 89392 1312402ND AVE N 14844 $2.180.00 14845 s710.00 34_119'21-44'0068 89392 1311882ND AVE N 14844 $2.180.00 14845 *71880 34-119'21'44'0069 80392 13112O2ND AVE N 14844 $2.180.00 148 $710.00 34'119'21-44'0070 89392 31OOG2ND AVE N 14844 $2.180.00 14845 $710.00 34'119'21'44'0071 | 80392 |31O0O2ND AVE N 14844 $2.180.00 14845 $710.00 34419'21-44'0072 80392 13D12G2NO AVE N 14844 $2.180.00 14845 $710.00 34'119'21'44'0073 89392 130OGG2NO AVE N 14844 $2.180.00 14845 s710.00 34410'21'44-0074 89392 3OOO82ND AVE N 14844 $2.180.00 14845 $710.00 34'119'21'44'0075 89392 31O2 LAWRENCE RD 14844 u2.180.00 148 45 | a710.00 34'119'21-44-8076 89392 31O762ND AVE N 14844 $2.180.00 14845 u710.00 34'118'21'44'0077 89392 3113G2NO AVE N 14844 $2.180.00 14845 | $710.00 34-118'21'44'0078 80392 311002ND AVE N 14844 $2.180.00 14845 | $710.00 34'119'21'44-0079 89302 13125G2ND AVE N 14844 $2.180.00 14845 $710]]0 34-119-21-44'0080 89302 32O1G2NO AVE N 14844 $2.180.00 14845 $710.00 34'119'21'44'0081 89302 320762ND AVE N 14844 $2.180.00 14845 $710.00 34'119'31'44-0082 89392 3213O2NO AVE N 14844 $2.180.00 14845 $710.00 34'119'21-44'0083 89392 321QG2NO AVE N 14844 a2.180.00 14845 $710.00 34'119'21'44'0084 89302 133O1O2ND AVE N 14844 o2.180.00 14845 $710.00 34410'21'44'0885 88392 330702ND AVE N 14844 $2.180.00 14845 s710.00 34-119'21'44'0086 89392 3313G2ND AVE N 14844 $2.180.00 14845 *710.00 34-119-21'44'0087 89392 331AG2ND AVE N 14844 $2.180.00 14845 W710.00 34'119'21'44-0088 89392 3318 LAWRENCE RD 14844 s2.180.00 14845 $710.00 34410-21-44'0089 89392 3313 LAWRENCE RD 14844 $2.180.00 14845 $710.00 34'119'21-44'0000 89392 33OG LAWRENCE RD 14844 $2 14845 $710.00 34'119'21'44'0001 89392 33OU LAWRENCE RD 14844 $2.180.00 14845 $710.00 34419-21-44'0002 89392 13224 LAWRENCE RD 14844 $2.180.00 14845 $710.00 34419'2144'0003 89392 |3218 LAWRENCE RD 14844 $2.180.00 14845 $710.00 34410'21'44'0094 1 89392 13212 LAWRENCE RD 14844 $2.180.00 14845 $710.00 34'119-21~44'0095 89392 |32O0 LAWRENCE RD 14844 $2.180.00 14845 $710.00 34'119-21'44~0096 \ 89392 3200 LAWRENCE RD 14844 $2.180.00 14845 $718.00 34'119'21'44'0097 89392 3118 LAWRENCE RO 14844 $2.180.00 14845 $710.00 34419-21'44'0098 89392 3112 LAWRENCE RD 14844 $2.180.00 14845 $710.00 34410'31'44'0102 89392 3OO1G2ND AVE N 14844 | $2.180.00 14845 $710.00 34'119'21'44'0103 89392 3O13G2ND AVE N 14844 $2.180.00 14845 *710.00 34'119'21'44'0104 | 89392 131O1 LAWRENCE RD 14844 $2.180.00 14845 $710.00 34-119'21-44'0105 80392 131O5 LAWRENCE RD 14844 $2.180.00 14845 $710.00 34-119'21'44'0106 89392 131UQ LAWRENCE RD 14844 $2.180.00 14845 $710.00 34'119'21'44'0107 | 89392 L /ANRENCERD 14844 | $2.1BU.00 14845 sT1U.00 34-119-21-44-0108 � DO3Q2 �3117L/VWRENCERD 14844 $2.180.00 14845 s710.00 34'119'21-44'0109 89392 3121 LAWRENCE RD 14844 | %2.180.00 14845 $710.00 34-119-21-44'0110 80392 32O1 LAWRENCE RD 14844 s2.180.00 14045 $710.08 3441Q'21-44'O111 89392 32O7 LAWRENCE RD 14844 $2.180.00 14845 $710.00 34'119-21'44'0112 89392 3213 LAWRENCE RD 14844 $2.180.00 14845 $710.00 34'110'21'44'0113 89392 321Q LAWRENCE RD 14844 $2.180.00 14845 $710.00 34'119'21'44-0114 89392 33O1 LAWRENCE RD 14844 $2.180.00 14845 $710.00 34'119'21'44'0115 89302 133O3 LAWRENCE RD 14844 | $2.180.00 14845 $710.00 34-110'21'44'0116 89362 133D5 LAWRENCE RD 14844 $2.180.00 14845 $710.00 34'119'21'44'0117 10302 33O7 LAWRENCE RD 14844 $2.180.00 14845 *710.00 34410'21'44'0118 | 89392 33OQ LAWRENCE RO 14844 $2.180.00 14845 $710.00 34419'21'44'0119 89392 3311 LAWRENCE RD 14844 $2.180.00 14845 $710.00 34'119'21'44'0120 89392 3313 LAWRENCE RD 14844 $2.180.00 14845 $710.00 35'119'21'23'0005 00963 2BOG0GTH AVE N 14844 $1.593.00 35-119-21'23'0006 00063 281286TH AVE N 14844 $1.593.00 35'119'21'23'0007 00963 2QO00OTH AVE N 14844 i $1.593.00 CITY OF BROOKLYN CENTER CERTIFIED SPECIAL ASSESSMENT ROLL Q/i1/OO � GARDEN CITY CENTRAL NB0HBDRHOOD2OOO-01&O2 i S!5-119-21-23-0008 00963 12906 66TH AVE N 14844 $1,593.00 � 35'119'21'31-0001 89390 16418 BROOKLYN OR 14844 $2.180D0 14845 $710l0 35'119'21-31'0002 89390 1O412 BROOKLYN DR 14844 $2.180.00 14845 $710.00 35-119'21'31'0003 89390 16406 BROOKLYN DR 14844 $2.180.00 14845 $710.00 35'119-21'31'0004 89390 6400 BROOKLYN DR 14844 $2.180.00 14845 $710.00 35'110'31'31'0005 89390 G33S BROOKLYN DR 14844 $2.180.00 14845 $710.00 � 35'110-21'31'0006 89380 \O33O BROOKLYN DR 14844 $2.180.00 14845 $710.00 � . 35'119-21-31'0007 89390 6324 BROOKLYN DR 14844 $2.180.00 14845 $710.00 35'119-21-31'0008 89390 031O BROOKLYN DR 14844 $2.180.00 14845 $710.00 35-119'21'31-0009 89390 6501 BROOKLYN DR 14844 $2.180.00 14845 o710.00 35'119'21'31'0010 89390 2GOO85TH AVE N 14844 s2.180.00 14845 $710.00 3541A'21'31'O011 89390 2MO8G5TH AVE N 14844 $2.180.00 14845 $710.00 35'110'21'31'0012 89380 G401 BROOKLYN DR 14844 $2.180.00 14845 $71080 � 35'110-21'31'0013 89390 G4O7 BROOKLYN DR 14844 $2.180.00 14845 *710.00 � 35'119'21'31'0014 89300 6413 BROOKLYN DR 14844 $2.180.00 14845 $710.00 35'119'21'31'0015 89390 2601 65TH AVE N 14844 s2.180.00 14845 *710.00 35'119'21-32'0001 89390 8312 BROOKLYN OR 14844 $2.180.00 14845 $710.00 35'119-21-32'0002 89300 O3O8 BROOKLYN OR 14844 $2.180.00 14845 $710.00 35419'21'32'0003 89390 6300 BROOKLYN OR 14844 $2.180.00 14845 $710.00 35'119'21'32'0004 80390 |2S12G5TH AVE N 14844 $2.180.00 14845 s710.00 35-1,19-21-32-0005 8090 2G1VO5TH AVE N 14844 $2.180.00 14845 $710{0 35419'21-32'0006 89390 � 14844 s2.180.00 14845 $710.00 � 35'119'21-32'0007 80390 1283UO5TH AVE N 14844 $2.180.00 14845 $710.00 � 35419'31-32-0068 89390 127OV85TH AVE N 14844 s3.180.00 14845 $710.00 35'119'21-32'0000 89390 |27U885TH AVE N 14844 $2.180.00 14845 s710.00 35419'21'32'0010 88300 12712O5TH AVE N 14844 $2.180.00 14845 $710.00 35'119'21'32'0011 89300 O 5THAVEN 14844 $2.1DO.OU 14845 $71O.00 35'i1Q-21-32'OO12 O83QO �28OOG5THAVEN 14844 $2.180.00 14845 s710.00 35'119'21'32'0013 80300 128UO8STH AVE N 14844 $2.180.00 14845 $710.00 35-119'21-32'0014 80390 281285TH AVE N 14844 $2.180.00 14845 *710.00 35'119'21-32'0015 89390 12818 65TH AVE N 14844 $2.180.00 14845 $710.00 � 35'110'21-32'0016 89390 2ADOG5TH AVE N 14844 $2.180.00 14845 $710.00 � 35'119'21'32-0017 89300 2AOGG5TH AVE N 14844 $2.180.00 14845 $710.00 35'119-21'32'0018 89300 2Q12G5TH AVE N 14844 u2.180.00 14845 $710.00 35'110-21'32'0019 80390 2Q1885TH AVE N 14844 $2.180.00 14845 $710.00 35'119'21'32'0020 89390 2GO765TH AVE N 14844 $2.180.08 14845 $710.00 35'119'21'32'0021 80390 2G13G5TH AVE N 14844 a2.180.00 14845 $710.00 35'119-21'33'0022 \ 89390 261D85TH AVE N 14844 $2.180.00 14845 $710.00 35'119'21-33-0023 89390 2S258STH AVE N 14844 u2.180.00 14845 $710.00 � 35'119-21-32-0024 89390 27O185TH AVE N 14844 $2.180.00 14845 $710.00 � 35'110'21-32'0025 89390 27U785TH AVE N 14844 $2.180.00 14845 s710.00 35419'21-32-0026 89390 2713GSTH AVE N 14844 $2.180.00 14845 $710.00 35'119'21-32'0027 89390 271065TH AVE N 14844 $2.180.00 14845 $710.00 35419'21'32'0028 | 89300 28O1GSTH AVE N 14844 *2.180.00 14845 $710.00 35'110'21'32'0029 89300 28O785TH AVE N 14844 $2.180.00 14845 $710.00 35'119'21'32-0030 89300 2813U5TH AVE N 14844 $2.180.00 14845 $710.80 � 35419'21'32-0031 88390 281Q65TH AVE N 14844 *2.180.00 14845 $710.00 � 35'119'21'32-0032 | 89390 2OU185TH AVE N 14844 $2.180.00 14845 $710.00 � 35'119'21'32'0033 89390 20O7G5TH AVE N 14844 *2.180.00 14845 $710.00 35'119'21'32'0034 89390 2A13O5TH AVE N 14844 s2.180.00 14845 $710.00 35'110'21'32-0035 89390 G41OXERXES AVE N 14844 *2.180.00 14845 *710.00 35'119'21'32-0038 | 89390 G4OOXER%ES AVE N 14844 $2.180.00 14845 $710.00 35419'21'32-0037 80390 2O1284TH AVE N 14844 $2.180.00 14845 $710.00 35'119'21'32-0038 89390 2QO0G4TH AVE N 14844 $2.180.00 14845 $710.00 35'119-21'32-0030 \ 89300 2OOOG4TH AVE N 14844 $2.180.00 14845 s710.00 35'119'21'32'0040 89300 2818O4TH AVE N 14844 *2.180.00 14845 $710.00 35'110'21'33'0041 89390 8 4THAVEN 14844 $2.i8O.0U 14845 $71U.OU 35'11Q'21'32 �OO42 � 8O3A0 �2DO864THAVEN 14844 $2.180.00 14845 $710.00 � CITY OF BROOKLYN CENTER CERTIFIED SPECIAL ASSESSMENT ROLL 9/11/00 a GARDEN CITY CENTRAL NEIGHBORHOOD 2000 -01 & 02 -"A DEN: # r PPopertjr' °Aciciress. t #:. S.T E$ : 35- 119 -21 -32 -0043 89390 2800 64TH AVE N I 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0044 89390 2718 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0045 _ 89390 2712 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0046 89390 2706 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0047 89390 2700 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0048 89390 2618 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0049 89390 2612 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0050 89390 2606 64TH AVE N 14844 $2,180.00 .14845 $710.00 35- 119 -21 -32 -0051 89390 2600 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0052 89390 6319 BROOKLYN DR I 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0053 89390 6325 BROOKLYN DR 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0054 89390 6331 BROOKLYN DR ( 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0055 89390 2601 64TH AVE N I 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0056 89390 2607 64TH AVE N I 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0057 89390 2613 64TH AVE N I 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0058 89390 2701 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0059 89390 2707 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0060 89390 2713 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0061 89390 2719 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0062 89390 2801 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0063 89390 2807 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0064 89390 2813 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0065 89390 2819 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0066 89390 2901 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0067 89390 2907 64TH AVE N 14844 $2,180.00 14845 $710.00 • 35- 119 -21 -32 -0068 89390 2913 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0069 89390 2919 64TH AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0070 89390 2918 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0071 89390 2912 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0072 89390 2906 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0073 89390 2900 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0074 89390 2818 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0075 89390 2812 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0076 89390 2806 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0077 89390 2800 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0078 89390 2724 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0079 89390 2718 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0080 89390 2712 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0081 89390 2706 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0082 89390 2700 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0083 89390 6301 BROOKLYN DR 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0084 89390 6305 BROOKLYN DR 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0085 89390 6309 BROOKLYN DR 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0086 89390 2701 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0087 89390 2707 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0088 89390 2713 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0089 89390 2719 OHENRY RD 14844 $2,180.00- 14845 $710.00 35- 119 -21 -32 -0090 89390 2725 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0091 89390 2801 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0092 89390 2807 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0093 89390 2813 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0094 89390 2819 OHENRY RD 14844 $2,180.00 14845 $710.00 . 35- 119 -21 -32 -0095 89390 2901 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0096 89390 2907 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0097 89390 2913 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0098 89390 2919 OHENRY RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0099 89390 2918 63RD AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -32 -0100 89390 2912 63RD AVE N 14844 $2,180.00 14845 $710.00 CITY DF BROOKLYN CENTER CERTIFIED SPECIAL ASSESSMENT ROLL Q/1i/80 GARDEN CITY CENTRAL NEIGHBORHOOD 2000-01 &O2 �i 35-119-i'll"32-6101 89390 12906 63RD AVE 14844 .1111.111, $ 11 2,180.00 14845 t7l 0.00 35-119'21'32'0102 89390 G3RDAVEN 14844 $2,180.00 | 14O45 $710.00 35'11Q'21'32'O103 OQ30O 12900 2818G3RD/A/EN 14844 $2.180.00 14845 $71080 35'110-21'32-0104 89390 2812G3RD AVE N 14844 $2.180.00 14845 $710.00 35-119'21'32'0105 80390 28UG63RD AVE N 14844 $2.180.00 14845 o710.00 35419'21'32-0106 80300 280OG3RD AVE N 14844 $2.180.00 14845 s710.00 35-119-21'32'0107 80390 271OS3RO AVE N 14844 $2.180.00 14845 *710.00 35'119'31'32'0108 80300 G 3RDAVEN 14844 $2.18O.00 14845 $71O.00 35'11O-21-32'O1OQ 8Q3QU |27UGS3RDAVEN 14844 s2.180.00 14845 $710.00 35-110-21'32-0111 00963 2Q1360TH AVE N 14844 $1.593.00 35'119'21'32-0112 00983 2AO7O0TH AVE N 14844 $1.593.08 ' 35'119-21'32-0113 00063 2QO100TH AVE N 14844 $1.593.00 35419-21'32'0114 00963 2813S8TH AVE N 14844 $1.593.00 35'119-21'32-0115 00063 2OO7OOTH AVE N 14844 $1.593.00 35419'21'32-0116 00983 28O1GGTH AVE N 14844 $1.593.00 35'119-21-32-0117 00983 280OG8TH AVE N 14844 $1.593.00 35'f19-21-33'0002 89300 0252 BROOKLYN DR 14844 $2.180.00 14845 -$710.00 35419-21'33-0003 89300 0248 BROOKLYN DR 14844 $2.180.00 14845 $710.00 35'119'21'33-0004 89390 G244 BROOKLYN DR 14844 $2.180.00 14845 $710.00 35'119'21'33'0005 89390 6240 BROOKLYN DR 14844 *2.180.00 14845 s710.00 35-119-21-33-0006 89390 6238 BROOKLYN DR 14844 o2.180.00 14845 $710.00 35'119'21-33-0007 89390 0232 BROOKLYN DR 14844 s2.180.00 14845 $710.00 35'119-21'33-0008 89390 O228 BROOKLYN DR 14844 $2.180.00 14845 $710.00 35'118'21-33-0009 89390 |G224 BROOKLYN DR 14844 $2.180.00 14845 $710.00 35-119-21-33-0010 89380 G218 BROOKLYN DR 14844 $2.180.00 14845 o710.00 35-110-21'33-0011 89390 62G8 BROOKLYN Dg 14844 $3.180.00 14845 *710.00 35'119'21-33-0012 89390 8284 BROOKLYN DR 14844 $2.180.08 14845 $710.00 35'119-21'33-0013 89390 G2G0 BROOKLYN DR 14844 ` $2.180.00 14845 $710.00 35'119'21'33-0014 89390 2712NASHRO 14844 $2.180.00 14845 $710.00 35419'21'33-0015 89390 6281 BROOKLYN DR 14844 $2.180.00 14845 $710.00 35'119'21'33-0016 89390 B ROOKLYNDR 14844 $2.1OO.00 14845 *71O.00 35'110'21'33-OU17 OQ3OU 2713G3RDAVEN 14844 $2.1OU.00 i4845 $71O.0U 35'11Q'21-33-OO18 8Q3OU |271AG3RDAVEN 14844 $2.180.00 14845 $710.00 35'119'21-33'0019 89390 128U103RD AVE N 14844 $2.180.00 14845 $710.00 35'119-31-33'0020 89300 |28O7O3RD AVE N 14844 s2.180.00 14845 s710.00 35-110-21'33-0021 89390 281303RD AVE N 14844 $2.180.00 14845 $710.00 35-119'21-33-0022 89390 281Q83RD AVE N 14844 $2.180.00 14845 *710.00 35'119-21'33'0023 89390 2AO1G3RD AVE N 14844 $2 14845 $710.00 35'119'21'33'0034 89390 20O7O3RD AVE N 14844 s2.180.00 14845 *710.00 35'110'21-33'0025 89390 2A13G3RD AVE N 14844 $2.180.00 14845 $710.00 35-119-21'3�-66�6 69300 �§i6�3RO AVE N 14844 $2.180.00 14845 $710.00 35'119'21'33'0027 80390 2918NAGHRD } 14844 $2.180.00 14845 $710.00 35'119'31'33'0028 89390 3012NA8HRD 14844 $2.180.00 14845 *71080 35419'21-33'0029 80300 2906 NAGHRD 14844 $2.180.00 14845 $710.00 35'110'21'33'0030 89390 2900 NASHRD 14844 $2.180.00 14845 $710.00 35'110'21'33'0031 89300 2818NASHRD 14844 s2.180.00 14845 $710.00 35'110'21'33'0032 89390 2812NASHRD 14844 s2.180.00 14845 $710.00 35'119'21'33'0033 89390 12806 NAGHRD 14844 $2.180.00 14845 $710.00 35'119'21'33'0034 89300 12800NASHRD 14844 $2.180.00 14845 $710.00 35'119'21-33'0035 89390 D R 14844 $2.180.OU 14845 $71O.00 35'11A-21'33-UO3G OQ300 2O01 NASHRD 14844 $2.18U.00 14D45 $71O.00 35'11Q'21'33'UO3T 803AO !28U7NASHRD 14844 $2.180.00 14845 $710.00 35'110'21'33-0038 89390 2813NASHRD 14844 $2.180.00 14845 s710.00 35'119'21'33'0039 89390 2819 NAGHRD 14844 *2.180.00 14845 $710.00 - 35'119'21-33'0040 89390 2001NASHRD 14844 $2.180.00 14845 u710.00 35'119'21'33'0041 80300 2007NASHRD 14844 $2.180.00 14845 $710.00 35419'21'33'0042 89390 2013NASHRD 14844 $2.180.80 14845 *710.00 35'119'21'33'0043 80390 �2Q1QNASHRD 14844 $2.180-00 14845 $710.00 n ______ CITY OF BROOKLYN CENTER CERTIFIED SPECIAL ASSESSMENT ROLL 9/11/00 GARDEN CITY CENTRAL NEIGHBORHOOD 2000 -01 & 02 i4D17N#: :Pr ©prty'aiiress... Lv# z# _;soRNCw 35- 119 -21 -33 -0044 < 89390 12918 MUMFORD RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0045 89390 2912 MUMFORD RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0046 89390 2906 MUMFORD RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0047 89390 2900 MUMFORD RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0048 89390 2818 MUMFORD RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0049 89390 2812 MUMFORD RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0050 89390 2806 MUMFORD RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0051 89390 2800 MUMFORD RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0052 89390 6223 BROOKLYN DR 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0053 89390 16229 BROOKLYN DR 14844 $2,180.00 1 4845 $710.00 35- 119 -21 -33 -0054 89390 12819 MUMFORD RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0055 89390 12901 MUMFORD RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0056 89390 12907 MUMFORD RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0057 89390 12913 MUMFORD RD 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0058 89390 16206 XERXES AVE N 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0059 89390 6201 BROOKLYN DR 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0060 89390 6205 BROOKLYN DR 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0061 89390 16211 BROOKLYN DR 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0062 89390 6215 BROOKLYN DR 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0063 89390 6219 BROOKLYN DR 14844 $2,180.00 14845 $710.00 35- 119 -21 -33 -0064 89390 6120 XERXES AVE N 14844 $14,326.00 14845 $7,428.00 35- 119 -21 -34 -0001 89035 LIFT STATION NO. 1 14844 $1,447.00 35- 119 -21 -34 -0001 89035 GARDEN CITY PARK 14844 $9,369.00 TOTAL $866,450.00 $288,288.00 • City Council Agenda Item No. 7c . MEMORANDUM DATE: September 6, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Public Hearing Regarding Special Assessments for Improvement Project Nos. 2000 -04 and 05, Contract 2000 -C, 73rd Avenue, Humboldt to Camden Avenue Street and Storm Drainage Improvements On February 28, 2000, the City Council by Resolution 2000 -37 ordered Improvement Project Nos. 2000 -04 and 05. On August 14, 2000, the City Council adopted Resolution 2000 -132 calling for a public hearing regarding proposed special assessments associated with the project. The attached resolution certifies special assessments for street and storm drainage improvements for Improvement Project Nos. 2000 -04 and 05, Contract 2000 -C, 73rd Avenue, Humboldt to Camden Avenue to the Hennepin County tax rolls. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2000 -04 AND 05, CONTRACT 2000 -C, 73RD AVENUE, HUMBOLDT TO CAMDEN AVENUE STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 14846 and 14847; and WHEREAS, assessment rolls, copies of which are attached hereto and part hereof by reference, have been prepared by the City Clerk, tabulating those properties where street improvement and storm drainage costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Such proposed assessments, Special Assessment Levy Nos. 14846 and 14847, made a part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten (10) years as indicated on the assessment roll. The first of the installments to be payable with ad valorem taxes in 2001, and shall bear interest at the rate of seven (7) percent per annum on the entire assessment from October 1, 2000 through December 31, 2001. 3. The owner of any property so assessed may at any time prior to the certificate of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest shall be charged through December 31 of the succeeding year. • RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. � � CITY OF BROOKLYN CENTER CERTIFIED SPECIAL ASSESSMENT ROLL &M1/OU 73RD AVENUE, HUMBOLDT TO CAMDEN AVENUE IM PROVEMENTS tToRm 25'119 '21-31'0007 1 80104 1Q1573RD AVE N 14848 �2.180.00 1447 $71010 25'119-21'31'0008 89477 1815 73RD AVE N 14840 *2.180.00 14847 $710.00 25'119'21'31-0010 89477 i82183RD AVE N 14840 $2.180D0 14847 %710.00 25'118'21'31-0013 80636 DO173RD AVE N 14846 $2.180.00 14D47 ) $710.00 25'119'21'31- 89836 9O773RO AVE N 14840 u3.180.00 14847 $710.00 25'110'21'31'0015 | 89030 Q1Q73RD AVE N 14848 $2.180.00 14847 | $710.00 25'119'21'31'0071 80146 T3773RD AVE N 14848 $2.180.00 14847 s710.00 25'110'21'31'0074 89148 T3173RD AVE N 14846 $2.180.00 14847 $710.00 25'110'21'31'0079 89620 7341 CAMDEN AVE N 14846 s2.180.00 14847 $710.00 25'110'21'31'0086 | 89543 D8173RD AVE N 14846 $2.180.00 14847 $710.00 25'119-21-31-0087 | 89543 8O773RD AVE N 14840 $2.180.00 | 14847 | s710.00 25'119'21'31-0094 | 00048 10O773RD AVE N 14846 $2.180.00 14847 $710.00 25'119'21'31'0095 00848 1O1373RD AVE N 14846 s2.180.00 14847 | $710.00 25419'21'31'0096 00648 1O1Q73RD AVE N 14846 $2.180.00 14847 | s710.00 25'119'21'32'0001 89104 |11O17�RD AVE N 14840 $2.180.00 14847 $710.00 25419'21'32'0002 80104 112O173RD AVE N 14846 $2.180.00 14847 $710.00 ' 25'119'21'32'0003 80104 11211 73RD AVE N 14848 $2.180.00 14847 s710.00 25-110'21'32'0011 89104 17241 FREKAONT AVE N 14846 o2.180.00 14847 \ $710.00 25'119'21-32'0017 801O4 14O173RD AVE N 14846 $2.180.00 14847 | $710.00 25'119'21'32'0018 80104 �724O HUMBOLDT AVE N 14848 $2.180.00 14847 $710.00 25'119'21'32-0085 90005 11113 73RD AVE N 14846 *2.180.00 14847 $710.00 25'119'21'32'0066 | 90065 11O7T3RD AVE N 14846 $2.180.80 14847 $710.00 25'119-21-32'0114 00150 13O173RD AVE N 14846 $2.180.00 14847 $718.00 25'110'21'32'0123 02378 121O73RD AVE N 14846 $2.180.00 14847 $710.00 \ TOTAL s52.320.00 ) . $17.040.00 �� i City Council Agenda Item No. 7d MEMORANDUM DATE: September 6, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Public Hearing Regarding Special Assessments for Delinquent Public Utility Service Accounts and Public Nuisance Abatement On August 14, 2000 the City Council adopted Resolution 2000 -133, providing for a public hearing regarding proposed assessments for delinquent public utility service accounts and public nuisance abatement. The purpose of the attached resolutions are to certify these assessments to the Hennepin Count; tax rolls. The property owners whose accounts are delinquent have been notified of the status of their accounts in accordance with City ordinances. I • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the records of the Public Utilities Department list certain accounts delinquent as of August 18, 2000; and WHEREAS the owners of record of the ro erties served b each delinquent account have p p Y q been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statutes, Section 444.075 and City Ordinances, Sections 4 -105 and 16 -204 authorize certification of such delinquent accounts to the County tax rolls for collection; and WHEREAS, an assessment roll, a copy of which is attached hereto and part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a delinquent public utility account is to be assessed with the amount, including interest and service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent public utility accounts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment roll of delinquent public utility accounts is hereby adopted and certified as Levy No. 14842. 2. The assessments as adopted and confirmed shall be payable with ad valorem taxes in 2001, in one annual installment with interest thereon at seven (7) percent per annum, and shall bear interest on the entire assessment from October 1, 2000 through December 31, 2001. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the I • RESOLUTION NO. adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayor i 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. CURRENT CEA CATION REPORT • 11 -SEP -2000 (12:080page 1 of 25 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 100046000401 DOROTHY PINCK S Y 163.32 30.00 193.32 3311921120025 6725 TOLEDO AVE N BROOKLYN CENTER MN 55429 -1679 100048000204 DALE PARADISE S Y 78.96 30.00 108.96 3311921120038 6713 TOLEDO AVE N BROOKLYN CENTER MN 55429 -1667 100050000704 THOMAS ANDREWS S Y 223.61 30.00 253.61 3311921120036 5312 67TH AVE N BROOKLYN CENTER MN 55429 -1650 100069000603 PATRICK HAVERKOST S Y 139.24 30.00 169.24 3311921120041 6730 TOLEDO AVE N BROOKLYN CENTER MN 55429 -1668 100085000602 CALVIN JOHNSON S N 253.46 30.00 283.46 3311921120066 6837 SCOTT AVE N BROOKLYN CENTER MN 55429 -1665 100085000602 CALVIN JOHNSON B Y 3311921120066 P O BOX 41642 PLYMOUTH MN 55441 -0642 100105000201 RICHARD K SULLIVAN S Y 93.23 30.00 123.23 3311921120102 6713 REGENT AVE N BROOKLYN CENTER MN 55429 -1659 100142000702 KURT SCHUMAN S Y 43.79 30.00 73.79 3311921110072 6801 QUAIL AVE N BROOKLYN CENTER MN 55429 -1657 100142000702 JEANNE SCHUMAN 2 Y 3311921110072 6801 QUAIL AVE N BROOKLYN CENTER MN 55429 100164000006 DEBORAH SALITERMAN S Y 111.23 30.00 141.23 3311921110087 6700 QUAIL AVE N BROOKLYN CENTER MN 55429 -1656 100179000303 MICK MAGUIRE S Y 198.53 30.00 228.53 3311921110038 6839 PERRY AVE N BROOKLYN CENTER MN 55429 -1611 100179000303 JOANNE MAGUIRE 2 Y 3311921110038 6839 PERRY AVE N BROOKLYN CENTER MN 55429 -1611 100186000401 CARLOS MUJICA S Y 187.00 30.00 217.00 3311921110034 6812 PERRY AVE N BROOKLYN CENTER MN 55429 -1612 0 0 is PROCEDURE E*ION INFORMATION ------------------------------- Procedure name: CERTREPT(UBONLN.BC) User: SHELLI,UB.BC,UBONLN Custom user profile: $UB Run date: 11 -SEP -2000 Started at: 12:08:46.3 Finished at: 12:09:02.2 Elapsed time: 00:00:15.9 CPU time: 00:00:01.6 Records read: 1844 Records selected: 317 Records written: 318 Selection values: ADDRESS -TYPE :[P]: "S" or TAX- ROLL - SEND -CD : [P] : fly[[ and AMT -OPEN :[P]: GT .00 • • CURRENT CER#ATION REPORT is 11 -SEP -2000 (12:08 *ge 2 of 25 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID 100211000304 ROBERT SHAW S Y 112.85 30.00 142.85 3311921110009 6836 ORCHARD AVE N BROOKLYN CENTER MN 55429 -1607 100229000304 BEVERLY DAVIS S Y 366.29 30.00 396.29 3311921110002 6825 NOBLE AVE N BROOKLYN CENTER MN 55429 -1604 100396000003 TODD UNDHEIM S Y 191.18 30.00 221.18 2711921330036 6942 MAJOR AVE N BROOKLYN CENTER MN 55429 -1338 100406000805 DAN DEMPSEY S Y 89.05 30.00 119.05 2711921330042 6915 MAJOR AVE N BROOKLYN CENTER MN 55429 -1337 100419020102 JON M WAGNER S Y 80.25 30.00 110.25 2811921410028 7107 PERRY PL BROOKLYN CENTER MN 55429 -1206 100420030702 STEVEN BETTCHER S Y 241.30 30.00 271.30 2811921410031 4909 WINGARD PL BROOKLYN CENTER MN 55429 -1213 100422020602 TOM KELLY S Y 211.78 30.00 241.78 2811921410042 7105 QUAIL CIR E BROOKLYN CENTER MN 55429 -1208 100439000908 EMILY KANDAKAI S Y 371.28 30.00 401.28 2811921410126 4800 71ST AVE N BROOKLYN CENTER MN 55429 -1218 100462000903 BARBARA RADEMAKER S Y 90.12 30.00 120.12 2811921440020 7025 PERRY AVE N BROOKLYN CENTER MN 55429 -1224 100603000904 ROBERTO CASTRUITA S Y 349.69 30.00 379.69 2811921430032 5106 70TH AVE N BROOKLYN CENTER MN 55429 -1232 100613000703 JOHN WILMES S Y 183.79 30.00 213.79 2811921430012 6924 SCOTT AVE N BROOKLYN CENTER MN 55429 -1259 100637220306 GAIL KIMBROUGH S N 140.18 30.00 170.18 2811921420308 5415 PONDS DR BROOKLYN CENTER MN 55429 -1252 100637220306 UNITY PLACE 0 Y 2811921420308 7256 UNITY AVE N BROOKLYN CENTER MN 55429 -1269 CURRENT CERTIFICATION REPORT 11 -SEP -2000 (12:08) page 3 of 25 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 100638040409 COUNCE LASONDRA S Y 216.87 30.00 246.87 2811921430050 6912 UNITY AVE N BROOKLYN CENTER MN 55429 -1263 100638420803 CHRISTIAN BANINI S Y 245.18 30.00 275.18 2811921430090 5325 70TH CIR BROOKLYN CENTER MN 55429 -1234 100638420803 EUREAKA BANINI 2 Y 2811921430090 5325 70TH CIRCLE BROOKLYN CENTER MN 55429 100638820906 JOSEPH KNIGHT S Y 126.84 30.00 156.84 2811921430148 7117 UNITY AVE N BROOKLYN CENTER MN 55429 -1266 100638910802 CLARENCE BLACKMAN S Y 252.92 30.00 282.92 2811921430139 7069 UNITY AVE N BROOKLYN CENTER MN 55429 -1264 100639480110 LORI DEMANN S Y 129.03 30.00 159.03 2811921420044 5447 72ND CIR BROOKLYN CENTER MN 55429 -1246 100639500602 TERESA A HILL S Y 100.99 30.00 130.99 2811921420046 5435 72ND CIR BROOKLYN CENTER MN 55429 -1246 100640060804 MARK K HEGSTAD S Y 184.98 30.00 214.98 2811921420102 7213 UNITY AVE N BROOKLYN CENTER MN 55429 -1277 100810000802 TOM LASHUAY S Y 121.78 30.00 151.78 3411921120029 6836 DREW AVE N BROOKLYN CENTER MN 55429 -1878 100814000401 SANDRA WRIGHT S Y 238.98 30.00 268.98 3411921110043 6837 BEARD AVE N BROOKLYN CENTER MN 55429 -4212 100926000904 BRAD EMHOLTZ S Y 202.21 30.00 232.21 3411921110064 3106 68TH AVE N BROOKLYN CENTER MN 55429 -4217 101023000902 STANLEY LEINO S Y 222.15 30.00 252.15 2711921420025 7118 FRANCE AVE N BROOKLYN CENTER MN 55429 -1446 101054000103 DEBRA GROVE S Y 213.97 30.00 243.97 2711921420012 7051 DREW AVE N BROOKLYN CENTER MN 55429 - 1435 CURRENT CER#ATION REPORT 11 -SEP -2000 (12:08)ge 4 of 25 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID 101056000904 TIMOTHY J GRAHAM S Y 213.29 30.00 243.29 2711921430014 7037 DREW AVE N BROOKLYN CENTER MN 55429 -1435 101061000205 JAMES VICKROY S Y 210.37 30.00 240.37 2711921430019 7007 DREW AVE N BROOKLYN CENTER MN 55429 -1435 101063000002 ISAIAH HOLMAN S Y 197.25 30.00 227.25 2711921430021 6943 DREW AVE N BROOKLYN CENTER MN 55429 -1433 101068000502 DONALD WATZKE S Y 181.63 30.00 211.63 2711921430009 6942 DREW AVE N BROOKLYN CENTER MN 55429 -1434 101093000403 PAUL BUSHEY S Y 230.40 30.00 260.40 2711921430086 3605 VIOLET AVE BROOKLYN CENTER MN 55429 -1466 101108000702 ERICK EDSTROM S Y 101.92 30.00 131.92 2711921420122 3616 VIOLET AVE BROOKLYN CENTER MN 55429 -1467 101126000503 MARY ROBECK S Y 208.92 30.00 238.92 2711921420090 3713 72ND AVE N BROOKLYN CENTER MN 55429 -1415 101139000002 MICHAEL BELFREY S Y 239.35 30.00 269.35 2711921410015 3407 72ND AVE N BROOKLYN CENTER MN 55429 -1409 101159000505 DONNA JONES S Y 234.14 30.00 264.14 2711921420076 3506 72ND AVE N BROOKLYN CENTER MN 55429 -1412 101216000602 RESIDENT S N 111.68 30.00 141.68 2711921310001 7243 FRANCE AVE N BROOKLYN CENTER MN 55429 -1447 101216000602 KERMIT EDWARDS 0 Y 2711921310001 19231 SHERMAN WAY #29 RESEDA CA 91335 -3538 101274000503 MARLA G. OBEREMBT S Y 203.98 30.00 233.98 2711921310011 7212 GRIMES AVE N BROOKLYN CENTER MN 55429 -1456 101330000704 LISA JOHNSON S Y 232.41 30.00 262.41 2711921310042 7106 HALIFAX AVE N BROOKLYN CENTER MN 55429 -1356 CURRENT CERTIFICATION REPORT 11 -SEP -2000 (12:08) page 5 of 25 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 101478000902 TALATA BAYSAH S Y 190.77 30.00 220.77 2811921410140 4706 WINGARD LA BROOKLYN CENTER MN 55429 -1231 101624050703 ROBIN WARE -AVERY S Y 206.49 30.00 236.49 3411921110015 6831 YORK PL BROOKLYN CENTER MN 55429 -4208 101632180212 GUNARS J LAIMONIS S Y 176.23 30.00 206.23 3511921230030 2825 67TH LN N BROOKLYN CENTER MN 55430 -1712 211023000602 YOLANDA SMITH S Y 99.61 30.00 129.61 2611921420099 7243 OLIVER AVE N BROOKLYN CENTER MN 55430 -1049 211045000001 ALLAN THIELEN S Y 161.30 30.00 191.30 2611921430094 7028 OLIVER AVE N BROOKLYN CENTER MN 55430 -1053 211100000206 JOHN VANZEE S Y 207.00 30.00 237.00 2611921420062 7206 NEWTON AVE N BROOKLYN CENTER MN 55430 - 1043 211100000206 JENNIFER VANZEE 2 Y 2611921420062 7206 NEWTON AVE N BROOKLYN CENTER MN 55430 -1043 211106000607 MARK ROTTACH S Y 275.36 30.00 305.36 2611921420048 7124 NEWTON AVE N BROOKLYN CENTER MN 55430 -1041 211106000607 BARBARA ROTTACH 2 Y 2611921420048 7124 NEWTON AVE N BROOKLYN CENTER MN 55430 211110000002 CATHERINE VINCENT S Y 211.00 30.00 241.00 2611921420044 2006 71ST AVE N BROOKLYN CENTER MN 55430 -1006 211134000202 STEPHANIE STOLTMAN S Y 111.71 30.00 141.71 2611921430064 7001 MORGAN AVE N BROOKLYN CENTER MN 55430 -1030 211157000403 KATHY ROSS S Y 228.02 30.00 258.02 2611921420053 7243 MORGAN AVE N BROOKLYN CENTER MN 55430 -1034 I 211189000607 NICHOLAS BOOMGAARDEN S N 228.27 30.00 258.27 2611921430007 6900 MORGAN AVE N BROOKLYN CENTER MN 55430 -1029 i CURRENT CERTATION REPORT 11 -SEP -2000 (12:08)ge 6 of 25 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 211198000501 JOHN L WEBB S Y 87.02 30.00 117.02 2611921430046 7001 LOGAN AVE N BROOKLYN CENTER MN 55430 -1022 211204000703 TRACY RICE S Y 105.13 30.00 135.13 2611921430040 7037 LOGAN AVE N BROOKLYN CENTER MN 55430 -1022 211211000802 MICHAEL BROLSMA S Y 50.79 30.00 80.79 2611921420019 7137 LOGAN AVE N BROOKLYN CENTER MN 55430 -1024 211289000507 RESIDENT S N 206.44 30.00 236.44 3511921110033 1513 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 211289000507 DAYSTAR INVESTMENT 0 Y 3511921110033 17799 #300 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 211289010408 DAYSTAR INV CO S N 278.26 30.00 308.26 3511921110032 1519 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 211289010408 DAYSTAR INVESTMENT 0 Y 3511921110032 17799 290 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 211290010106 MARK BECKER S N 206.46 30.00 236.46 3511921110028 1549 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 211290010106 DAYSTAR INVESTMENTS 0 Y 3511921110028 17799 #300 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 211290020005 RESIDENT S N 223.67 30.00 253.67 3511921110027 1543 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 211290020005 MORNINGSUN INV 0 Y 3511921110027 17799 #300 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 211290030905 MORNINGSUN INV S N 259.60 30.00 289.60 3511921110026 1537 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 211290030905 MORNINGSUN INVEST. 0 Y 3511921110026 17799 300 KENWOOD TR LAKEVILLE MN 55044 -9493 CURRENT CERTIFICATION REPORT 11 -SEP -2000 (12:08) page 7 of 25 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 211291000107 SHIRLEY COLE S N 233.70 30.00 263.70 3511921110031 1525 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 211291000107 MORNINGSUN INV 0 Y 3511921110031 17799 #300 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 211291010006 JEROME BOGAR S N 268.60 30.00 298.60 3511921110030 1531 HUMBOLDT PL N BROOKLYN CENTER MN 55430 -1714 211291010006 MORNINGSUN INV. 0 Y 3511921110030 17799 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 211309000101 DEBBIE LARSON S N 205.13 30.00 235.13 2611921440033 7031 JAMES AVE N BROOKLYN CENTER MN 55430 -1161 211309000101 MRS. FRANK GREGORY 0 Y 2611921440033 7031 JAMES AVE N BROOKLYN CENTER MN 55430 -1161 211324000205 TIM FEZLER S Y 242.63 30.00 272.63 2611921440054 7006 IRVING AVE N BROOKLYN CENTER MN 55430 -1160 211362000507 WAYNE SATCHEL S Y 91.65 30.00 121.65 2611921410055 1706 AMY LA BROOKLYN CENTER MN 55430 -1137 211362000507 AMELIA SATCHEL 2 Y 2611921410055 1706 AMY LA BROOKLYN CENTER MN 55430 -1137 211402000704 PAUL CAVALLARO S Y 208.91 30.00 238.91 2611921440021 7013 KNOX AVE N BROOKLYN CENTER MN 55430 -1015 211440000107 SHARON MURPHY S Y 212.81 30.00 242.81 2611921410105 7236 KNOX AVE N BROOKLYN CENTER MN 55430 -1019 211457000106 JASON PITTS S Y 164.29 30.00 194.29 2611921410060 1619 WOODBINE LA BROOKLYN CENTER MN 55430 -1062 211478000602 CHARLES HOTT S Y 243.93 30.00 273.93 2611921410039 1701 72ND AVE N BROOKLYN CENTER MN 55430 -1058 CURRENT CEROATION REPORT 0 11 -SEP -2000 (12:08 Oge 8 of 25 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID 212006000503 WILLIAM CORWIN S Y 175.84 30.00 205.84 2511921320056 7212 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -1157 212091000106 ROXANE B HAYDEN S N 251.57 30.00 281.57 2511921330067 7006 GIRARD AVE N BROOKLYN CENTER MN 55430 -1145 212091000106 ROXANE B HAYDEN B Y 2511921330067 623 SUMMIT ST EVELETH MN 55734 -1439 212115000304 EDWINA MCGILL S Y 193.97 30.00 223.97 2511921330059 7037 FREMONT AVE N BROOKLYN CENTER MN 55430 -1138 212140000203 GREG LARSON S Y 200.15 30.00 230.15 2511921320087 7136 FREMONT AVE N BROOKLYN CENTER MN 55430 -1141 212154000506 HOWARD CALVIN S Y 127.83 30.00 157.83 2511921330035 7006 FREMONT AVE N BROOKLYN CENTER MN 55430 -1139 212154000506 MARY CALVIN 2 Y 2511921330035 7006 FREMONT AVE N BROOKLYN CENTER MN 55430 -1139 212165000206 DAVID FIEDLER S Y 197.98 30.00 227.98 2511921320088 7049 EMERSON AVE N BROOKLYN CENTER MN 55430 -1106 212193000804 NANCY BOYCE S Y 187.13 30.00 217.13 2511921320093 7048 EMERSON AVE N BROOKLYN CENTER MN 55430 -1107 212246010404 STEPHEN DUBOIS S N 220.56 30.00 250.56 2511921310095 1013 73RD AVE N BROOKLYN CENTER MN 55444 -2650 212246010404 STEPHEN DUBOIS B Y 2511921310095 20199 STATE HWY 28 GLENWOOD MN 56334 -4138 212330000202 KEVIN DALY S Y 85.99 30.00 115.99 2511921310057 7212 DUPONT AVE N BROOKLYN CENTER MN 55430 -1216 215062000902 YER YANG S Y 233.27 30.00 263.27 2511921420011 7208 DALLAS RD BROOKLYN CENTER MN 55430 -1316 CURRENT CERTIFICATION REPORT 11 -SEP -2000 (12:08) page 9 of 25 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 215502000701 HARLOW HUBER S N 195.82 30.00 225.82 3611921120009 6854 WEST RIVER RD BROOKLYN CENTER MN 55430 -1326 215502000701 DAVID WAGTSKJOLD O Y 3611921120009 5804 AYRSHIRE BLVD EDINA MN 55436 -2027 215641000906 CHARLES PERRO S Y 106.02 30.00 136.02 3611921130026 419 67TH AVE N BROOKLYN CENTER MN 55430 -1613 215641000906 SUSAN PERRO 2 Y 3611921130026 419 67TH AVE N BROOKLYN CENTER MN 55430 -1613 215670020105 MONA MOORHEAD S Y 135.13 30.00 165.13 3611921130087 6644 CAMDEN DR BROOKLYN CENTER MN 55430 -1631 215670050805 CARLENE VAVERKA S Y 340.90 30.00 370.90 3611921130090 6636 CAMDEN DR BROOKLYN CENTER MN 55430 -1631 215776000606 LESLIE WILLIAMS S Y 203.05 30.00 233.05 3611921210041 6712 COLFAX AVE N BROOKLYN CENTER MN 55430 -1516 215906000904 KENNETH R KING S Y 322.45 30.00 352.45 3611921210049 6713 COLFAX AVE N BROOKLYN CENTER MN 55430 -1515 215913000006 JOVETTE HANKINS S Y 254.73 30.00 284.73 3611921210116 6811 COLFAX AVE N BROOKLYN CENTER MN 55430 -1517 215930000904 DOUGLAS MOORE S Y 295.81 30.00 325.81 3611921210056 6724 DUPONT AVE N BROOKLYN CENTER MN 55430 -1520 215942000504 WESLEY DEFREITAS S Y 258.97 30.00 288.97 3611921240038 6600 DUPONT AVE N BROOKLYN CENTER MN 55430 -1808 216005000702 JOHN E. LEE S Y 201.70 30.00 231.70 3611921220035 6733 EMERSON AVE N BROOKLYN CENTER MN 55430 -1523 216009000302 JOHN SOLOMON S Y 242.09 30.00 272.09 3611921220031 6819 EMERSON AVE N BROOKLYN CENTER MN 55430 -1525 0 0 • CURRENT CER #ATION REPORT 0 11-SEP -2000 (12:08) Oe 10 of 25 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 216017100105 LUANNE ANDERSON S Y 96.70 30.00 126.70 3611921220119 1339 67TH LN N BROOKLYN CENTER MN 55430 -1587 216018190109 SONDRA MAYES S N 369.28 30.00 399.28 3611921220059 1316 68TH LN N BROOKLYN CENTER MN 55430 -1584 216018190109 VALERIE BLOUNT- MCKISSACK B Y 3611921220059 3617 DOUGLAS DR CRYSTAL MN 55422 -1928 216019070406 ALYSSA M CARTER S Y 190.76 30.00 220.76 3611921220074 6820 FREMONT PL N BROOKLYN CENTER MN 55430 -1590 216024000405 MORNINGSUN INV S N 279.21 30.00 309.21 3511921110018 6749 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -1533 216024000405 MORNINGSUN INV 0 Y 3511921110018 17799 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 216024020203 MORNINGSUN INVEST. S N 316.00 30.00 346.00 3511921110020 6761 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -1533 216024020203 MORNINGSUN INVESTMEN TS B Y 3511921110020 17799 300 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 216025000303 MORNINGSUN INVEST. S N 289.51 30.00 319.51 3511921110019 6757 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -1533 216025000303 MORNINGSUN INVEST. B Y 3511921110019 17799 300 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 216025010207 MORNINGSUN INV. S N 313.64 30.00 343.64 3511921110022 6765 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -1533 216025010207 MORNINGSUN INV. B Y 3511921110022 17799 300 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 216025030003 OCCUPANT /RESIDENT S N 190.65 30.00 220.65 3511921110023 6773 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -1533 CURRENT CERTIFICATION REPORT 11 -SEP -2000 (12:08) page 11 of 25 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 216025030003 MORNINGSUN INV CO B Y 190.65 30.00 220.65 3511921110023 17799 300 KENWOOD TRAIL LAKEVILLE MN 55044 -9493 216101000002 TIMOTHY FRANKLIN S Y 373.56 30.00 403.56 3611921210079 6718 BRYANT AVE N BROOKLYN CENTER MN 55430 -1512 301862000902 KATIE HUGHES S Y 400.02 30.00 430.02 3311921430039 6125 SCOTT AVE N BROOKLYN CENTER MN 55429 -2355 301897000802 JEFFREY TONE S Y 172.33 30.00 202.33 3311921130068 5300 HOWE LA BROOKLYN CENTER MN 55429 -1632 301904000907 KORAL PURDY S Y 24.77 30.00 54.77 3311921130061 5130 HOWE LA BROOKLYN CENTER MN 55429 -1628 302010000802 PAUL MCCORMICK S Y 167.71 30.00 197.71 3311921130031 5119 WINCHESTER LA BROOKLYN CENTER MN 55429 -1640 302026000002 MRS TIM ASLESON S Y 189.19 30.00 219.19 3311921130047 5224 65TH AVE N BROOKLYN CENTER MN 55429 -2013 I 302055000403 GARY DAVIS S Y 175.96 30.00 205.96 3311921410071 6407 PERRY AVE N BROOKLYN CENTER MN 55429 -2063 302055000403 TONYA DAVIS 2 Y 3311921410071 6407 PERRY AVE N BROOKLYN CENTER MN 55429 -2063 302093000801 YVONNE C HOFMANN S N 121.35 30.00 151.35 3311921410102 6430 QUAIL AVE N BROOKLYN CENTER MN 55429 -2068 302093000801 YVONNE C HOFMANN B Y 3311921410102 11135 PARK DR ROGERS MN 55374 -9603 302103000602 KENNETH PETRIE S Y 227.24 30.00 257.24 3311921410120 6345 QUAIL AVE N BROOKLYN CENTER MN 55429 -2065 302110000703 PAUL KRINGS S N 133.53 30.00 163.53 3311921410113 6332 REGENT AVE N BROOKLYN CENTER MN 55429 -2029 0 0 0 CURRENT CER*ATION REPORT 11 -SEP -2000 (12:08) e 12 of 25 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID 302110000703 PAUL KRINGS F Y 133.53 30.00 163.53 3311921410113 314 E RIVER PKWY CHAMPLIN MN 55316 302136000702 JAMES F HAZELTON S Y 87.92 30.00 117.92 3311921420037 6425 SCOTT AVE N BROOKLYN CENTER MN 55429 -2073 302201000703 ABED WAZWAZ S Y 221.83 30.00 251.83 3311921420115 6318 UNITY AVE N BROOKLYN CENTER MN 55429 -2039 302260000501 RONALD RICHARD S Y 125.44 30.00 155.44 3311921410016 6342 ORCHARD AVE N BROOKLYN CENTER MN 55429 -2058 302295000403 JON L HUDLOW S Y 232.13 30.00 262.13 3411921320019 6431 MAJOR AVE N BROOKLYN CENTER MN 55429 -2134 302300000702 JAMES CAPLES S Y 205.52 30.00 235.52 3411921320024 6401 MAJOR AVE N BROOKLYN CENTER MN 55429 -2134 302322000102 JOSEPH SCHORN S Y 142.37 30.00 172.37 3411921320008 6401 LEE AVE N BROOKLYN CENTER MN 55429 -2132 302336000504 MICHAEL MEDINA S Y 215.96 30.00 245.96 3411921320055 4521 KATHRENE DR BROOKLYN CENTER MN 55429 -2152 302336000504 DAWN MEDINA 2 Y 3411921320055 4521 KATHRENE DR BROOKLYN CENTER MN 55429 302422000004 RANDAL GEROLD S Y 113.72 30.00 143.72 3411921330047 6231 LEE AVE N BROOKLYN CENTER MN 55429 -2477 302719000206 GABRIEL SAYEE S Y 693.72 30.00 723.72 3411921340017 6121 FRANCE AVE N BROOKLYN CENTER MN 55429 -4042 302721000801 D H HAMMONDS JR S Y 65.54 30.00 95.54 3411921340073 3807 62ND AVE N BROOKLYN CENTER MN 55429 -4021 302820000802 NICOLINE CHOMILO S Y 440.24 30.00 470.24 3411921310062 6436 JUNE AVE N BROOKLYN CENTER MN 55429 -2127 CURRENT CERTIFICATION REPORT 11 -SEP -2000 (12:08) page 13 of 25 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 302887000804 CHARITY ROBINSON S Y 192.70 30.00 222.70 3411921230080 4512 65TH AVE N BROOKLYN CENTER MN 55429 -2112 302887000804 MYRON ROBINSON 2 Y 3411921230080 4512 65TH AVE N BROOKLYN CENTER MN 55429 -2112 302940000304 MICHAEL WASTE S Y 108.99 30.00 138.99 3411921230046 4400 WINCHESTER LA BROOKLYN CENTER MN 55429 -1724 303059000802 WALLACE H AMSLER JR S Y 101.11 30.00 131.11 3411921130021 3608 66TH AVE N BROOKLYN CENTER MN 55429 -1800 303116000902 STEVE CAMPBELL S Y 187.64 30.00 217.64 3411921130062 6531 BEARD AVE N BROOKLYN CENTER MN 55429 - 1827 303118000706 JANIS SALO S Y 148.36 30.00 178.36 3411921130060 6543 BEARD AVE N BROOKLYN CENTER MN 55429 -1827 303119000602 MARLENE KIMKER S Y 98.26 30.00 128.26 3411921130012 3400 66TH AVE N BROOKLYN CENTER MN 55429 -1810 303144000504 EDITH ZEAH S Y 70.44 30.00 100.44 3411921310004 6349 HALIFAX DR BROOKLYN CENTER MN 55429 -2118 303182000801 M DONALD BLOM S Y 121.35 30.00 151.35 3411921420007 6301 BROOKLYN BLVD BROOKLYN CENTER MN 55429 -2173 408668000802 JOEL MORRISSETTE S Y 225.57 30.00 255.57 0211821140017 5834 KNOX AVE N BROOKLYN CENTER MN 55430 -2650 408692000803 JOSEPH DANCHO S Y 194.56 30.00 224.56 0211821140064 5742 JAMES AVE N BROOKLYN CENTER MN 55430 -2646 408710000604 ROGER D WOODFORD S N 245.51 30.00 275.51 0211821140058 5737 IRVING AVE N BROOKLYN CENTER MN 55430 -2641 408710000604 ROGER D WOODFORD C Y 0211821140058 5825 74TH AVE N BROOKLYN PARK MN 55443 I CURRENT CER*ATION REPORT le 11 -SEP -2000 (12:08) Oe 14 of 25 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 408756000101 CAROLYN MARTIN S Y 203.65 30.00 233.65 0111821230086 5754 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -2636 408785000602 RAY WARREN S Y 206.51 30.00 236.51 0111821220073 6026 GIRARD AVE N BROOKLYN CENTER MN 55430 -2634 408818000704 ROGER A HEDLUND S Y 197.97 30.00 227.97 0111821230012 5707 FREMONT AVE N BROOKLYN CENTER MN 55430 -2658 408846000302 MYRTLE /ROBIN HALL S Y 107.17 30.00 137.17 0111821230034 5730 FREMONT AVE N BROOKLYN CENTER MN 55430 -2659 408917000706 MARGARET RAHN S Y 290.26 30.00 320.26 0111821230075 5807 EMERSON AVE N BROOKLYN CENTER MN 55430 -2620 408923000904 ANDREW YOUNG JR S Y 301.91 30.00 331.91 0111821230017 5715 EMERSON AVE N BROOKLYN CENTER MN 55430 -2656 408957000802 CRANSTON ROLLINS S Y 218.52 30.00 248.52 3611921330026 6106 EMERSON AVE N BROOKLYN CENTER MN 55430 -2235 408963000005 LARRY SCHULTZ S Y 201.08 30.00 231.08 3611921330020 6125 DUPONT AVE N BROOKLYN CENTER MN 55430 -2227 409023000604 FRANK MOCK S Y 199.34 30.00 229.34 0111821210051 6012 DUPONT AVE N BROOKLYN CENTER MN 55430 -2750 409162000705 JOHN E KELLEY S Y 92.72 30.00 122.72 0111821240049 5759 BRYANT AVE N BROOKLYN CENTER MN 55430 -2757 409206000502 MARK MOLNAU S Y 235.48 30.00 265.48 0111821210085 6040 BRYANT AVE N BROOKLYN CENTER MN 55430 -2726 409209000202 BILL KOLBE S Y 190.62 30.00 220.62 3611921340012 6114 BRYANT AVE N BROOKLYN CENTER MN 55430 -2215 409211000803 MARGIE KILEN S Y 139.01 30.00 169.01 3611921340014 6130 BRYANT AVE N BROOKLYN CENTER MN 55430 -2215 CURRENT CERTIFICATION REPORT 11 -SEP -2000 (12:08) page 15 of 25 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 409242000103 SUSAN CAMPBELL S Y 228.12 30.00 258.12 0111821210030 5947 ALDRICH AVE N BROOKLYN CENTER MN 55430 -2717 409391000002 DEBBIE WYNN S Y 230.89 30.00 260.89 3611921430025 506 61ST AVE N BROOKLYN CENTER MN 55430 -2202 409429000604 DAVID REYES S Y 258.63 30.00 288.63 0111821130045 5700 CAMDEN AVE N BROOKLYN CENTER MN 55430 -2728 409953000002 STEVEN CUNNINGHAM S Y 188.98 30.00 218.98 3611921320009 6337 EMERSON AVE N BROOKLYN CENTER MN 55430 -1825 409989000802 AUDREY HEAVENS S Y 256.86 30.00 286.86 3611921310032 1001 65TH AVE N BROOKLYN CENTER MN 55430 - 1812 410015000401 GLADYS TERRY S Y 200.05 30.00 230.05 3611921310022 6435 BRYANT AVE N BROOKLYN CENTER MN 55430 -1802 410090000201 CROWN BRAWLEY LLC S N 621.48 30.00 651.48 3611921130119 615 66TH AVE N BROOKLYN CENTER MN 55430 -1644 410090000201 CROWN BRAWLEY LLC B Y 3611921130119 1776 MAPLE LANE ROSEVILLE MN 55113 -1426 410091000102 D.SCHWALENBERG INC S N 835.84 30.00 865.84 3611921420020 6351 LILAC DR N BROOKLYN CENTER MN 55430 -1903 410091000102 CROWN BRAWLEY LLC B Y 3611921420020 1776 MAPLE LANE ROSEVILLE MN 55113 -1426 410093010802 CROWN BRAWLEY LLC S N 669.86 30.00 699.86 3611921420020 6330 CAMDEN AVE N BROOKLYN CENTER MN 55430 -1965 410093010802 CROWN BRAWLEY LLC 0 Y 3611921420020 1776 MAPLE LANE ROSEVILLE MN 55113 -1426 410100000002 SHEILA DOELY S N 106.51 30.00 136.51 3611921330063 1201 63RD LA N BROOKLYN CENTER MN 55430 -1864 0 0 0 CURRENT CER#ATION REPORT S 11 -SEP -2000 (12:08) Oe 16 of 25 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID 410100000002 DORIS TEICHNER B Y 106.51 30.00 136.51 3611921330063 2165 131ST LA NW COON RAPIDS MN 55448 -2555 410805000803 OLD CHINA BUFFET S N 547.92 30.00 577.92 0211821240020 5800 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430 -2317 410805000803 OLD CHINA BUFFET B Y 0211821240020 1236 W ARROWHEAD DULUTH MN 55811 -2216 410805000803 BRADLEY REAL ESTATE C Y 0211821240020 40 SKOKIE BLVD #600 NORTHBROOK IL 60062 -1695 503234000105 DAVID GLAUVITZ S Y 207.97 30.00 237.97 3411921140071 3300 QUARLES RD BROOKLYN CENTER MN 55429 -2254 503249000403 ROBERT W STRAUCH S Y 222.85 30.00 252.85 3411921410126 3013 QUARLES RD BROOKLYN CENTER MN 55429 -2247 503249000403 LISA STRAUCH 2 Y 3411921410126 3013 QUARLES RD BROOKLYN CENTER MN 55429 -2247 503271000501 WALTER S JEGELA S Y 226.74 30.00 256.74 3411921140029 3206 65TH AVE N BROOKLYN CENTER MN 55429 -2279 503271000501 GERTRUDE HAMERNICK 2 Y 3411921140029 3206 65TH AVE N BROOKLYN CENTER MN 55429 -2279 503306000404 KELLY HOSHAL S Y 86.89 30.00 116.89 3411921410026 3206 64TH AVE N BROOKLYN CENTER MN 55429 -2237 503350000904 JAMES GENADEK S Y 232.58 30.00 262.58 3411921410080 6307 XERXES AVE N BROOKLYN CENTER MN 55430 -2049 503434000906 DALE CERNOHLAVEK S Y 248.58 30.00 278.58 3511921320082 2700 OHENRY RD BROOKLYN CENTER MN 55430 -2040 503445000606 CYNTHIA MEIER S Y 190.57 30.00 220.57 3511921320062 2801 64TH AVE N BROOKLYN CENTER MN 55430 -2010 CURRENT CERTIFICATION REPORT 11 -SEP -2000 (12:08) page 17 of 25 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 503475000903 MARK CHRIST S Y 214.04 30.00 244.04 3511921320023 2625 65TH AVE N BROOKLYN CENTER MN 55430 -2014 503482000005 BRIDGID MAGEL S Y 86.06 30.00 116.06 3511921320030 2813 65TH AVE N BROOKLYN CENTER MN 55430 -2018 503507000102 ANTHONY JUETTNER S Y 313.52 30.00 343.52 3511921320111 2913 66TH AVE N BROOKLYN CENTER MN 55430 -1718 503591000805 ORETTA MOORE S Y 164.73 30.00 194.73 3411921430036 3507 62ND AVE N BROOKLYN CENTER MN 55429 -2622 503699000901 THELBERT WILKERSON S Y 207.34 30.00 237.34 3411921440006 3107 63RD AVE N BROOKLYN CENTER MN 55429 -2203 503867000506 ABDI LIBAN S Y 114.54 30.00 144.54 0211821220054 5942 VINCENT AVE N BROOKLYN CENTER MN 55430 -2304 503867000506 KHADRA ABDULLE 2 Y 0211821220054 5942 VINCENT AVE N BROOKLYN CENTER MN 55430 -2304 503902000202 NORMAN JAMES S Y 251.80 30.00 281.80 0211821230005 5836 WASHBURN AVE N BROOKLYN CENTER MN 55430 -2413 503929000107 ROBERTA JOHNSON S Y 227.01 30.00 257.01 0211821230009 5836 XERXES AVE N BROOKLYN CENTER MN 55430 -2456 503938000001 BRAD BOLDUCE S Y 93.70 30.00 123.70 0311821110113 5937 XERXES AVE N BROOKLYN CENTER MN 55430 -2311 503940000602 TERESA KNIGHT S Y 217.57 30.00 247.57 0311821110111 5949 XERXES AVE N BROOKLYN CENTER MN 55430 -2311 504113000503 RAMONA TAYLOR S Y 208.11 30.00 238.11 0311821120084 6048 EWING AVE N BROOKLYN CENTER MN 55429 -2516 504141000102 DAVID SPRUNK S Y 233.37 30.00 263.37 0311821120070 3700 COMMODORE DR BROOKLYN CENTER MN 55429 -2508 • 0 0 CURRENT CER#ATION REPORT ! 11 -SEP -2000 (12:08) Oe 18 of 25 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 504172000302 SHARON MILLER S Y 323.35 30.00 353.35 0311821240081 3806 58TH AVE N BROOKLYN CENTER MN 55429 -3005 504216000104 SARAH ROCKMORE S Y 111.71 30.00 141.71 0311821210001 3801 COMMODORE DR BROOKLYN CENTER MN 55429 -2405 504282000004 JASON LEE S Y 353.86 30.00 383.86 0311821120048 5912 ADMIRAL LA BROOKLYN CENTER MN 55429 -2527 504293000704 JAMES ARRINGTON S Y 168.65 30.00 198.65 0311821210077 5901 HALIFAX AVE N BROOKLYN CENTER MN 55429 -2433 504338000402 MARGARET M EIDE S Y 127.28 30.00 157.28 0311821210119 4207 61ST AVE N BROOKLYN CENTER MN 55429 -2419 504485000503 DOUGLAS STANO S Y 251.04 30.00 281.04 0311821240043 3813 FRANCE PL BROOKLYN CENTER MN 55429 -3045 504524000803 MARTY LANDSEM S Y 259.26 30.00 289.26 0311821310055 3807 56TH AVE N BROOKLYN CENTER MN 55429 -3020 504642000504 STEVEN R FORCE S Y 247.67 30.00 277.67 0311821430036 5336 SAILOR LA BROOKLYN CENTER MN 55429 -3320 504723000703 GREG BARTON S Y 89.99 30.00 119.99 0311821420009 5655 NORTHPORT DR BROOKLYN CENTER MN 55429 -3016 504770000901 ANTHONY CALVERT S Y 202.30 30.00 232.30 0311821310089 5621 HALIFAX AVE N BROOKLYN CENTER MN 55429 -3038 504770000901 SHEILA CALVERT 2 Y 0311821310089 5621 HALIFAX AVE N BROOKLYN CENTER MN 55429 606048000808 RICHARD LEE S Y 569.11 30.00 599.11 1011821320063 4216 LAKEBREEZE AVE BROOKLYN CENTER MN 55429 -3818 606052000103 RICHARD BECHT S Y 55.26 30.00 85.26 1011821320039 4734 TWIN LAKE AVE BROOKLYN CENTER MN 55429 -3810 CURRENT CERTIFICATION REPORT 11 -SEP -2000 (12:08) page 19 of 25 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 606054030604 JERRY MCBEAN S N 165.77 30.00 195.77 1011821320006 4220 LAKESIDE AVE BROOKLYN CENTER MN 55429 -3805 606054030604 GARY SCHULTZ 0 Y 1011821320006 4220 LAKESIDE AVE BROOKLYN CENTER MN 55429 -3805 606397000503 MARK ALLEN S N 315.12 30.00 345.12 1011821130061 3701 50TH AVE N BROOKLYN CENTER MN 55429 -3912 606397000503 BILL BJERKE 0 Y 1011821130061 HC1 36F JACOBSON MN 55752 -9500 606414000402 L SETHER S Y 182.26 30.00 212.26 1011821120055 5100 DREW AVE N BROOKLYN CENTER MN 55429 -3334 606430000403 WILLIAM WASHINGTON S Y 237.49 30.00 267.49 1011821120013 5239 DREW AVE N BROOKLYN CENTER MN 55429 -3335 606430000403 ALEANE WASHINGTON 2 Y 1011821120013 5239 DREW AVE N BROOKLYN CENTER MN 55429 606441000107 JIM BENZ S Y 205.40 30.00 235.40 1011821120033 5133 DREW AVE N BROOKLYN CENTER MN 55429 -3333 606473000206 KELLY MCCANNA S N 194.66 30.00 224.66 1011821120023 5214 EWING AVE N BROOKLYN CENTER MN 55429 -3340 606495000607 WILLIAM KRIER S Y 232.72 30.00 262.72 1011821120073 5125 EWING AVE N BROOKLYN CENTER MN 55429 -3337 606546000502 COLLEEN GARCIA S Y 54.92 30.00 84.92 1011821210019 5222 GREAT VIEW AVE BROOKLYN CENTER MN 55429 -3346 606564000205 LISA NYEN S N 355.88 30.00 385.88 1011821210033 5256 TWIN LAKE BLVD E BROOKLYN CENTER MN 55429 -3353 606564000205 SCOTT FRENZEL 0 Y 1011821210033 404 3RD AVE N #400 MPLS MN 55401 -1706 0 0 CURRENT CEROATION REPORT 0 11 -SEP -2000 (12:08) We 20 of 25 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 606722000103 KAREN RODRIGUEZ S Y 142.97 30.00 172.97 1011821210068 5107 FRANCE AVE N BROOKLYN CENTER MN 55429 -3341 606733000803 MAUREEN WARD S Y 68.81 30.00 98.81 1011821210057 5120 TWIN LAKE BLVD E BROOKLYN CENTER MN 55429 -3351 606876000502 DELORES RILEY S Y 109.46 30.00 139.46 1011821140069 5017 BROOKLYN BLVD BROOKLYN CENTER MN 55429 -3402 606941000602 ROBERT WASHAM S Y 219.92 30.00 249.92 1011821140016 4929 BROOKLYN BLVD BROOKLYN CENTER MN 55429 -3405 607120000702 TOUSAINT WALKER S Y 143.99 30.00 173.99 0211821340043 5307 PENN AVE N BROOKLYN CENTER MN 55430 -2941 607140000303 PATRICIA UDOVICH S Y 255.08 30.00 285.08 0211821340024 5408 QUEEN AVE N BROOKLYN CENTER MN 55430 -2948 607231000304 LAWRENCE HECK S Y 239.95 30.00 269.95 0211821430028 5306 OLIVER AVE N BROOKLYN CENTER MN 55430 -3031 607236000807 VERN RECK S Y 269.02 30.00 299.02 0211821430019 5319 NEWTON AVE N BROOKLYN CENTER MN 55430 -3028 607257000204 JACK BONIFACE S Y 170.72 30.00 200.72 0211821430060 5331 MORGAN AVE N BROOKLYN CENTER MN 55430 -3024 607272000302 RON MARTIN S Y 188.06 30.00 218.06 0211821430084 5418 MORGAN AVE N BROOKLYN CENTER MN 55430 -3027 607280000308 RONALD EDBERG S Y 173.36 30.00 203.36 0211821430055 5332 MORGAN AVE N BROOKLYN CENTER MN 55430 -3025 607326000906 DAVE COMER S N 206.56 30.00 236.56 0211821440067 5311 KNOX AVE N BROOKLYN CENTER MN 55430 -3057 607326000906 DAVE COMER B Y 0211821440067 4807 DUPONT AVE N MPLS MN 55430 -3508 CURRENT CERTIFICATION REPORT 11 -SEP -2000 (12:08) page 21 of 25 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN - CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 607332000102 BARBARA J RETIC S Y 109.75 30.00 139.75 0211821440004 5343 KNOX AVE N BROOKLYN CENTER MN 55430 -3057 607410000602 PATRICK J HANSEN S Y 150.37 30.00 180.37 0211821440138 5425 IRVING AVE N BROOKLYN CENTER MN 55430 -3070 607437000502 LINDA MITCHELL S Y 187.00 30.00 217.00 0211821440037 5325 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3137 607439000303 DEAN BUNN S Y 174.81 30.00 204.81 0211821440114 5339 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3137 607512000301 GLYNN MERRIEWETHER S N 51.80 30.00 81.80 0211821410104 5525 JAMES AVE N BROOKLYN CENTER MN 55430 -3053 607512000301 HUD B Y 0211821410104 220 2ND ST S MINNEAPOLS MN 55401 607523000007 DIANNTHA DREPAUL S Y 87.02 30.00 117.02 0211821410053 5651 JAMES AVE N BROOKLYN CENTER MN 55430 -3055 607523000007 VASSEL LOWE 2 Y 0211821410053 5651 JAMES AVE N BROOKLYN CENTER MN 55430 -3055 607535000604 ALAN CANEFF S Y 146.62 30.00 176.62 0211821410113 5540 KNOX AVE N BROOKLYN CENTER MN 55430 -3062 607537000401 STEPHEN J JOHNSON S Y 137.63 30.00 167.63 0211821410111 5524 KNOX AVE N BROOKLYN CENTER MN 55430 -3062 607548000108 MARK BROWN S Y 80.27 30.00 110.27 0211821410084 5557 KNOX AVE N BROOKLYN CENTER MN 55430 -3061 607562000202 DANIELLE K HANLY S Y 131.64 30.00 161.64 0211821410078 5618 LOGAN AVE N BROOKLYN CENTER MN 55430 -3068 607568000608 LARRY KRONE S Y 183.70 30.00 213.70 0211821410096 5532 LOGAN AVE N BROOKLYN CENTER MN 55430 -3066 0 0 0 CURRENT CERTATION REPORT 11 -SEP -2000 (12:08) *e 22 of 25 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 607651000402 DEAN TUCKER S Y 210.00 30.00 240.00 0211821310043 2301 ERICON DR BROOKLYN CENTER MN 55430 -2917 607651000402 BETTY TUCKER 2 Y 0211821310043 2301 ERICON DR BROOKLYN CENTER MN 55430 607675000602 KEVIN SMITH S Y 215.86 30.00 245.86 0211821310036 2306 ERICON DR BROOKLYN CENTER MN 55430 -2918 607718000504 MATTHEW HAWTON S Y 204.93 30.00 234.93 0211821310008 2307 BROOKVIEW DR BROOKLYN CENTER MN 55430 -2909 607718000504 AMY HAWTON 2 Y 0211821310008 2307 BROOKVIEW DR BROOKLYN CENTER MN 55430 607748000901 ALBERT WILLIAMS S Y 209.34 30.00 239.34 0111821320047 5650 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3176 607760010107 MADIA LOGAN S N 156.86 30.00 186.86 0111821320064 5548 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3174 i 607760010107 MADIA LOGAN B Y 0111821320064 1664 84TH CT N BROOKLYN PARK MN 55444 -1482 607770010906 PAUL WINTERS S Y 185.67 30.00 215.67 0111821320053 5539 GIRARD AVE N BROOKLYN CENTER MN 55430 -3167 607775000502 DAVID MEAWAY S Y 182.61 30.00 212.61 0111821320050 5609 GIRARD AVE N BROOKLYN CENTER MN 55430 -3169 607793000302 GREGORY MICKA S Y 71.91 30.00 101.91 0111821320035 5538 GIRARD AVE N BROOKLYN CENTER MN 55430 -3168 607909000404 TAHIROU DIOURY S Y 218.56 30.00 248.56 0111821320022 5625 FREMONT AVE N BROOKLYN CENTER MN 55430 -3163 607909000404 FATOU SOWE 2 Y 0111821320022 5625 FREMONT AVE N BROOKLYN CENTER MN 55430 -3163 CURRENT CERTIFICATION REPORT 11 -SEP -2000 (12:08) page 23 of 25 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 607939000810 SHAWN KRISTIAN S Y 186.56 30.00 216.56 0111821320092 5541 EMERSON AVE N BROOKLYN CENTER MN 55430 -3155 607939000810 KATHRYN KRISTIAN 2 Y 0111821320092 5541 EMERSON AVE N BROOKLYN CENTER MN 55430 -3155 607957000503 R L KRONBERG S Y 208.81 30.00 238.81 0111821320013 5628 EMERSON AVE N BROOKLYN CENTER MN 55430 -3158 607980000604 JESSE SALAZAR S Y 109.30 30.00 139.30 0111821320004 5625 DUPONT AVE N BROOKLYN CENTER MN 55430 -3153 607980000604 PENNY SALAZAR 2 Y 0111821320004 5625 DUPONT AVE N BROOKLYN CENTER MN 55430 -3153 607995000902 LOLA I NELSEN S Y 748.92 30.00 778.92 0111821310081 5540 DUPONT AVE N BROOKLYN CENTER MN 55430 -3152 608035000902 BRUCE HEALY S Y 124.37 30.00 154.37 0111821310054 5517 BRYANT AVE N BROOKLYN CENTER MN 55430 -3143 608039000505 MARK KAMMERER S Y 167.71 30.00 197.71 0111821310052 5541 BRYANT AVE N BROOKLYN CENTER MN 55430 -3143 608040000203 GREG BADER S Y 92.72 30.00 122.72 0111821310035 5603 BRYANT AVE N BROOKLYN CENTER MN 55430 -3145 608043000903 YOLANDA COX S Y 93.92 30.00 123.92 0111821310037 5631 BRYANT AVE N BROOKLYN CENTER MN 55430 -3145 608067000007 JEFFREY MORRISON S Y 99.30 30.00 129.30 0111821310105 5513 CAMDEN AVE N BROOKLYN CENTER MN 55430 -3246 608096000511 DAVID TAYLOR S Y 92.06 30.00 122.06 0111821310112 5600 ALDRICH AVE N BROOKLYN CENTER MN 55430 -3106 608096000511 CHERYL TAYLOR 2 Y 0111821310112 5600 ALDRICH AVE N BROOKLYN CENTER MN 55430 0 0 0 CURRENT CER#ATION REPORT 11 -SEP -2000 (12:08) Oe 24 of 25 ACCOUNT - NUMBER NAME /ADDRESS ADDRESS -TYPE TAX- ROLL - SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 608098000304 THOMAS W STORIE S Y 200.30 30.00 230.30 0111821310110 5607 CAMDEN AVE N BROOKLYN CENTER MN 55430 -3203 608100000902 THOMAS CHAPMAN S Y 147.73 30.00 177.73 0111821310108 5621 CAMDEN AVE N BROOKLYN CENTER MN 55430 -3203 608266000903 ANTHONY KUYKENDALL S Y 90.12 30.00 120.12 0111821430047 5444 CAMDEN AVE N BROOKLYN CENTER MN 55430 -3245 608266000903 MARGIE KUYKENDALL 2 Y 0111821430047 5444 CAMDEN AVE N BROOKLYN CENTER MN 55430 -3245 608333000803 JAMES SCHELLER S Y 211.34 30.00 241.34 0111821340082 904 53RD AVE N BROOKLYN CENTER MN 55430 -3569 608344000504 CINDY GRANQUIST S Y 132.00 30.00 162.00 0111821340061 5406 COLFAX AVE N BROOKLYN CENTER MN 55430 -3124 608358000805 M & D MOEN JR S Y 195.01 30.00 225.01 0111821340110 5439 COLFAX AVE N BROOKLYN CENTER MN 55430 -3123 608362000203 JAMES PLOHOCKY S Y 186.40 30.00 216.40 0111821340104 5357 COLFAX AVE N BROOKLYN CENTER MN 55430 -3121 608375000702 PAUL DORNFELD S Y 80.25 30.00 110.25 0111821340089 5310 DUPONT AVE N BROOKLYN CENTER MN 55430 -3126 608407000909 RYAN KIPHUTH S Y 200.51 30.00 230.51 0111821330143 5315 DUPONT AVE N BROOKLYN CENTER MN 55430 -3125 608432000801 SEAN EZELL S Y 342.90 30.00 372.90 0111821330092 5449 EMERSON AVE N BROOKLYN CENTER MN 55430 -3131 608434000603 DUANE ENNINGA S Y 111.20 30.00 141.20 0111821330094 5435 EMERSON AVE N BROOKLYN CENTER MN 55430 -3131 608435000502 TAHASHA L HARPOLE S Y 142.32 30.00 172.32 0111821330096 5427 EMERSON AVE N BROOKLYN CENTER MN 55430 -3131 CURRENT CERTIFICATION REPORT 11 -SEP -2000 (12:08) page 25 of 25 ACCOUNT- NUMBER NAME /ADDRESS ADDRESS -TYPE TAX -ROLL- SEND -CD AMT -OPEN ADMIN- CHARGE ASSESSED -AMT PID ------------------------------------------------------------------------------------------------------------------------------------ 608456000905 KENALEY HELMER S Y 48.73 30.00 78.73 0111821330129 5326 FREMONT AVE N BROOKLYN CENTER MN 55430 -3134 608499000803 JUSTIN BRANDVOLD S Y 215.14 30.00 245.14 0111821330044 5404 GIRARD AVE N BROOKLYN CENTER MN 55430 -3166 608519000402 JOSEPH GROVES S Y 189.94 30.00 219.94 0111821330023 5337 GIRARD AVE N BROOKLYN CENTER MN 55430 -3135 608528000304 MARK KLINGLE S Y 194.30 30.00 224.30 0111821330030 5314 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3138 608528000304 TAMI KLINGLE 2 Y 0111821330030 5314 HUMBOLDT AVE N BROOKLYN CENTER MN 55430 -3138 257C 51704.56* 7710.00* 59414.56* • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR PUBLIC NUISANCE ABATEMENT CHARGES TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the owners of record of the properties served have been notified of the proposed special assessments according to legal requirements; and WHEREAS, in accordance with the provisions of City Ordinance 19 -105, Abatement of Public Nuisance and Assessment of Cost, the property owner at 6301 BrooklynBboulevard and the property owner at 6413 Unity Avenue North were ordered and subsequently failed to abate a nuisance upon said property; and WHEREAS, Section 19 -105 provides that the cost of abating said nuisance, including legal fees, shall be certified to the county auditor as a special assessment against the property from which the nuisance has been abated; and . WHEREAS, an assessment roll, a copy of which is attached hereto and part hereof by reference, has been prepared by the City Clerk, tabulating the property where a nuisance abatement cost is to be assessed with the amount, including service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for public utility hookup charges: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1., Said assessment roll of pubic nuisance abatement charges is hereby adopted and certified as the following levy: Public Nuisance Abatement Levy No. 14901 2. The assessment as adopted and confirmed shall be payable with ad valorem taxes in 2001, and shall bear interest at the rate of at seven (7) percent per annum, and shall bear interest on the entire assessment from October 1, 2000 through December 31, 2001. • RESOLUTION NO. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayor ATTEST: City Clerk The motion for the_ adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • CERTIFI SOP C BROMN CENTER IALE SMENT ROLL 9/11/00 PUBLIC NUISANCE ABATEMENT MUNICIPAL CODE NO. 22 Levy runs one (1) year PROPERTY ASSESSED OWNER LEVY PROPERTY ADDN. Address Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address 14901 34- 119 -21- 42.0007 89370 $1,920.00 6301 Brooklyn Blvd Melvin Donald Blom 14901 33. 119 -21 -42 -0095 89343 $563.00 6413 Unity Ave N William Kulkay $2,483.00 City Council Agenda Item No. 8a 1 PROCLAMATION DECLARING OCTOBER 2000 AS NATIONAL BREAST CANCER AWARENESS MONTH • WHEREAS, October 2000 is National Breast Cancer Awareness Month; and WHEREAS, October 20, 2000, is National Mammography Day; and WHEREAS, an estimated 182,800 new cases of female breast cancer will be diagnosed in 2000 and 40,800 will die from the disease; and WHEREAS, an estimated 1,400 new cases of male breast cancer will be diagnosed in 2000 and 400 will die of the disease; and WHEREAS, early detection and prompt treatment can significantly reduce suffering and deaths caused by this disease; and WHEREAS, mammography, an "x -ray" of the breast, is recognized as the single most effective method of detecting breast changes that may be cancer long before physical symptoms can be seen or felt. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the month of October 2000 as NATIONAL BREAST CANCER AWARENESS MONTH and October 20, 2000, as NATIONAL MAMMOGRAPHY DAY in the City of Brooklyn Center. Date Mayor Attest: City Clerk • City Council Agenda Item No. 8b • i PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 17 THROUGH 23, 2000, AS CONSTITUTION WEEK WHEREAS, The Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and WHEREAS, September 17, 2000, marks the two hundred thirteenth anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary and to the patriotic celebrations which will commemorate it; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the week of September 17 through 23, 2000, as Constitution Week in the City of Brooklyn Center, and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties. Date Mayor Attest: City Clerk • CAPTAIN JOHN HOLMES CHAPTER of the NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION Gretchen Wilhelm, Ex- Chapter Regent 3925 Winnetka Ave. N. New Hope, MN 55427 August 28, 2000 Sharon Knutson Administrative Office 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Dear Sharon: This letter is a request for the mayor to proclaim Citizenship Day and Constitution Week September 17 - 23 to the people of Brooklyn Center. • As in the past few years, I would like to include the Brooklyn Center Mayor's proclamation in the Constitution Week display at Robbinsdale Cooper High School, along with similar proclamations from other mayors for which RCHS is the high school of their city. Enclosed are three sample proclamations. Please send your proclamation directly to: Nick Weil, United States History Teacher Robbinsdale Cooper Senior High 8230 47th Avenue North New Hope, MN 55428 If there are bells at any of the public buildings in our community, please consider having them ring out with the Bells Across America celebration on September 17th at 4 p.m. Eastern time, the exact date and time of the signing of the Constitution. I know that you are very busy, and I thank you for whatever time you spend considering these requests. Sincerely yours, • Gretchen Wilhelm City Council Agenda Item No. 8c • w I MEMORANDUM • DATE: September 6 2000 TO: Michael J. McCauley, City Manager p� FROM: Diane Spector, Director of Public Work SUBJECT: Staff Report RE: Destination Park Plan Attached is the draft report from the Park and Recreation Commission and city staff to the City Council regarding the Destination Park Plan. The Council reviewed this report at its September 5, 2000 joint meeting with the Financial Commission. The intent of bringing the Destination Park Plan to the council at its September 11, 2000 meeting is twofold: to gain and discuss public input; and to gain Council input as to both the improvements and the proposed funding levels. Any changes to the Plan desired by the Council would then be discussed at the September Park and Recreation Commission meeting, and a final version of the Plan brought forward to the Council along with the CIP in October. Public Input The improvements which are a part of the proposed plan were described in four pages of the August Citv Watch. In addition, letters were sent to those property owners in a one to two block radius of the parks where substantial changes are proposed. Finally, the proposed name change for Garden City Park was discussed in the most recent version of the Garden City Central Neighborhood Improvement Project newsletter. Staff received a total of twelve comments on the Plan, 10 in response to the surveys, and two in response to the City Watch article. Those comments are attached. Some summary comments: While the number of comments were few, it appears that renaming Garden City Park Central Park and Brooklane Park Garden City Park is acceptable to all but a few residents. The few comments about the Grandview plan were positive. One commentor asked good questions, but did not include a name and address so we could respond to them. S Council Input and Funding Levels Based on discussions to date, the priority projects appear to be completing the Grandview Park Destination Park improvements; lighting and irrigating the ballfields at Evergreen and replacement of trail lighting in Garden City Park, also Destination Park improvements; and completing scheduled Neighborhood Park improvements at Twin Lake Park and Lions Park. The Twin Lake Park improvements require additional neighborhood input. Several improvements have been proposed, and some, all, or none may be acceptable to the neighbors. Additional funds are necessary beyond the annual transfers to fund these improvements over 2001 -2002. There has already been some discussion of ways to provide additional funding, whether one -time or continuing. Council direction on funding levels and priority of improvements is sought for further refinement of the Plan by the Park and Recreation Commission and staff. • September 5, 2000 . Survey Comments on Renaming Garden City Park and Brooklane Park - 7 Surveys Returned 1) What do you think about these proposed renamings? - Brooklane Park is the only recognition of the Brooklane Addition in Brooklyn Center. The land was donated by the builder as part of the developer's requirement to build in the field that was Brooklyn Center's in the early 1950's. I don't want the names changed. - Generally speaking the name is o.k. . - I recommended this change 25 years ago when I worked on all the park plans. It will be nice to see this name change. - Renaming parks is a good idea. - Brooklane Park was named because it was dedicated land of Brooklane Addition. Hipp donated land. Keep names as they are. - I think the parks should be renamed. It is too confusing otherwise. - We are in favor of renaming the parks. We live close to Brooklane Park and the name is confusing. 2) What other comments do you have about parks: about maintenance, recreation programs, improvements to other parks, etc.? - There has been an increasing problem with people throwing rubbish anywhere they please. - The people who use the park should not park on 65th, as 65th has too much traffic, including buses 3) General comments about anything else? - Parking on 65th has damaged the grass due to cars parking half on the grass. - Some people need to be more accountable for picking up dog droppings. Signs may help. - We enjoy biking in Central Park and the concerts in the summer. We are happy to see the parks are well maintained. - Let's get a sign to control the traffic at 65th and Drew. That continues to be a problem, especially when school and sports use the park. • September 5, 2000 Survey omments on Grandview Park - 3 Surveys Returned Y Y 1) What do you think about the proposed changes to Grandview Park? - I think they are great! I have no problem with the new plan. I just hope there will be enough parking. Where is the swimming pool? We think the plans are impressive. We do question if this is the most effective use of our money. Would the money be better spent on upkeep of the existing facilities? We would like to see the tennis courts lighted and fixed up. Would a paved hockey rink be used year round or just for 3 -4 months out of the year? Hockey rink seems to be quite a distance from the shelter building. The softball fields at Grandview seem to be used often. I often see pick -up games and batting practice on those fields. What would be added to the existing playground? There is a large playground across the street at the school and can be used at night, weekends and most of the summer. Would a wading pool be added. 2) What other comments do you have about parks: about maintenance, recreation programs, improvements to other parks, etc.? - Nothing. - Would like to see a jazzercise aerobic program offered or a mom and baby work -out. - I live across from the park and I've noticed that lights are left on long after they are done playing. But at night the park is too dark. There should be some lights. 3) General comments about anything else? - More police patrol around parks. • ' Other Comments Regarding Parks September 5, 2000 Evergreen: request a trail or sidewalk on north and east side of park Northport: request a bike rack by the playground e • CITY OF BROOKLYN CLNTL bESTINATION PARK PLAN !�d SEPTIMRER, .� ti - q y a ♦ r ti Y - ... _ �t 1. �'' w ,4 5v Fes• �_. �i /� �+� f" t -4 rt1 Y � 1• r ri 2 000 Destination Park Plan D R A F T 9/06/00 The City Council has established as a goal for 2000 the development of a Destination Park Plan. This plan would be used in the development of the 2001 -2005 Capital Improvement Program. This Plan 1) reviews existing facilities in Destination Parks; 2) establishes recommended improvements to Destination Parks; 3) evaluates current fiscal capacity to implement such a plan; 4) reviews miscellaneous other improvements to parks; and 5) makes recommendations. Destination Parks: A Definition Destination or Community Parks are described in the Comprehensive Plan as: Relatively large parks serving as a recreational focus for a neighborhood of the City. Community Parks are noted for having a wide variety of leisure and recreational options, and are fully accessible to persons of all abilities. Lighted areas for evening play are provided. Daytime recreational programming and playground supervision are provided in the summer months. Heated, enclosed park shelter buildings provide for recreational spaces and warming houses. • Service area: A neighborhood or quadrant of the City Desirable size: 25 acres or more Acres per 1,000 pop: 5.0 Site characteristics: Easily accessible from all parts of the neighborhood or quadrant. Should be located on collector or arterial streets to provide adequate access for residents, and should be well- buffered from adjacent residential areas. The five Community Parks designated in the Comprehensive Plan include: Central /Garden City, Evergreen, Grandview, Kylawn/Arboretum, and West Palmer. These parks are intended to serve roughly the four quadrants of the City, to supplement the "flagship" destination park of Central Park, adjacent to the Community Center. It is important to note that a focus on Destination Parks does not mean that Neighborhood Parks would be neglected. Neighborhood Parks would continue to be routinely improved in the CIP, and would continue to include such facilities as playgrounds, basketball courts, and picnic areas. Some neighborhood parks also contain ballfields and tennis courts. Many neighborhood parks would continue to contain general skating rinks, although at most parks there would be no longer be a warming house. The intent of the Destination Park Plan is to focus costlier facilities in certain parks. • September, 2000 Page 1 Destination Park Plan • I. Review of Existing Destination Park Facilities The review of potential Destination Park improvements included a review of existing facilities to determine if any major types of facilities was "missing," or if there was a demand for a new type of facility, such a additional soccer fields. The following is a short summary of the types of improvements in each of the Destination Parks. Central /Garden City Evergreen 2 lighted softball fields (C) 2 softball fields 1 lighted baseball field (C) 1 lighted baseball field 4 tennis courts (C) 1 football/soccer field Archery range (GC) Playground (joint with school) 2 playgrounds (C, GC) Warming house Warming house (GC) Paved hockey rink Picnic shelter and picnic area (C) General skating rink Hockey rink (GC) Basketball court General skating rink (GC) Basketball court (GC) West Palmer Trail loop Plaza area with pond and pergola (C) 2 softball fields • Adjacent to Community Center 1 baseball field Basketball court Grandview Warming house General skating rink 2 lighted softball fields Playground 1 lighted baseball field On Palmer Lake Trail Warming house 2 tennis courts Hockey rink General skating rink Kylawn /Arboretum /Preserve Playground Part time football/soccer field 2 softball fields Sliding hill 2 tennis courts Basketball court Warming house 2 tennis courts Playground Hockey rink General skating rink Basketball court Arboretum Wetland walking paths (Preserve) • September, 2000 Page 2 Destination Park Plan • H. Recommended Destination Park Improvements As can be seen above, the Destination Parks currently include a wide range of facilities. The Park and Recreation Commission and the Park Maintenance and Recreation staffs have reviewed the planned improvements as well as discussed additional improvements, and have developed a Destination Park Plan. Each park has been given an identity or theme. Central/Garden City is the flagship park of the system, with substantial improvements which serve the entire community. Evergreen focuses on team sports; Kylawn/Arboretum builds on its nature areas of the Arboretum and the Preserve; West Palmer is seen as a prime family picnic and outings area; and Grandview's focus is on youth and winter recreation. The following is a park by park discussion of improvements in addition to those already included in the CIP which are recommended to be considered. Central/Garden City: 1) It is recommended that the City Council change the name of Garden City Park to Central Park. It is believed that the current naming system is confusing, and that many people think of the whole park area as Central Park. • 2) A permanent bandshell with a concession stand should be constructed in Central An example of a permanent bandshell. Park, in the area where the showmobile is usually parked for Entertainment in the - Park. This bandshell would be used for Entertainment in the Park, Earle Brown Days, special programming, and community events such as weddings and celebrations. - --- 3) The patio area of the Community Center is underutilized. Suggestions for use of this The Community Center patio. space include an outdoor water play area, or a playground (or both). The water play area could be a zero depth area of spray devices which does not require filtration and requires only a drain to sanitary sewer. This water play area would be open in summer, and would �• provide a seasonal attraction for younger An example of a water play area • swimmers. Ideas for the remainder of the September, 2000 Page 3 Destination Park Plan • patio are: a parents' lounge, a sunning area, or (separate from the water play area) a small playground. The playground would be used by preschool and by special events users such as birthday parties. 4) The playground at Central gets a surprising amount of use and should be expanded. It is possible that the south parking lot could be reconfigured when it is reconstructed to remove one row of spaces and provide more room for playground expansion. 5) The Community Center and the Plaza are "disconnected" by the ring road. It is recommended that the Council look at options better connect the building to the park. One option is to regrade and repave the area between the west doors and the park, creating a more visible link than is currently the case with the grade differences. Another, long -term option is to relocate the ring road to the front of the Civic Center and eliminating the back ring road. This would allow the ` Community Center to flow naturally into the Plaza and the Park. The drainage ditch in the front of the Civic Center ( "the The Central mad "disconnects" the community Center from • Central Park and the Plaza. moat ") could be culverted under a ring road, and retaining walls added to contain the slope. Evergreen: 1) It is recommended that instead of replacing the ballfield lights at Grandview as scheduled in 2003, the ballfields at -- - Evergreen be lighted. This would consolidate the "team sports" at Evergreen and allow the facilities at Grandview to be rearranged to provide more facilities for , youth. 2) Recommended maintenance improvements include irrigating the softball fields and adding landscaping, as well as paving a , running track. Evergreen Park softball fields. • September, 2000 Page 4 llcstination Park Plan • Kylawn /Arboretum: 1) A long -term planting plan for the Arboretum has been established through the help of an ecologist. This plan includes both native wetland plants to be added to the shores of the ponds as well as upland plants and flower beds in the other areas of the park. A planting plan has been established to stabilize the eroding slopes on the west side of the park. A gardening club continues to work on the flower beds, and volunteer groups from Daytons/Mervyns have in the past provided labor. Much of this work is being completed by volunteer labor, including several Eagle {� ' Scout ro'ect p s. The Arboretum in Fall color. 2) Boardwalk improvements have recently been completed in the Preserve. Crystal provides most of the chipped walkway maintenance. On going monitoring is necessary to determine if future improvements should be made. • 3) No other improvements aside from already - scheduled replacement of the shelter and lights are proposed. The new boardwalk in The Preserve. West Palmer: 1) It is recommended that two new buildings be constructed in the area of the existing shelter building and the basketball court. One building should be a large open picnic shelter, while the other should be a substantial four season "lodge type" building suitable for indoor gatherings, as well as having a picnic overhang. The enclosed building could be used by reservation for family gatherings; special recreational programming such as nature programs; or for small meetings. These buildings would be suitable for large picnics and other gatherings. 2) Add storage buildings near ballfields 3) Relocate the basketball court and expand the playground • I I September, 2000 Page 5 Destination Park Plan I II • Grandview: 1) When the softball fields at Evergreen are lighted, then the softball lights at Grandview can be removed. Staff also suggests that the softball fields be removed and replaced with a lighted soccer /football field. It is also suggested that "amphitheater" type seating be constructed by regrading the side of the sliding hill facing the softball field. The potential soccer field area. Existing 2) It is recommended that the playground be baseball field is in the background. substantially expanded in size to provide a "destination" playground. The shelter building which would replace the existing building as part of regularly scheduled improvements should be suitable for providing youth programming. 3) Relocate and pave the hockey rink. "Smooth" out the grade of the sliding hill to provide a safer hill. • 4) The Park and Recreation Commission suggests "Amphitheater" style seating can be investigating the possibility of adding aggressive constructed by regrading the side of the hill. skating facilities to one of the parks, and staff recommends this park. However, before going forward, staff recommends that the experience other cities have had with these types of facilities be studied, as the experience has been mixed. t M. Evaluation of Estimated Costs and Fiscal Capacity Parts of the hill should be regraded to provide a "smoother," safer sliding hill. Each year approximately $225,000 is budgeted from the Capital Improvements Fund to make park capital improvements. In support of this, about $100,000 is budgetedin the General Fund and $75,000 from the Liquor Fund to the Capital Improvements Fund specifically for park improvements. Additional General Fund monies are sometimes transfered late in the year when the General Fund budget surplus can be more accurately estimated. To more accurately estimate the potential future costs of all park improvements, park maintenance and engineering staff have developed a detailed inventory of the facilities in the parks, and estimated their useful life and cost to replace. Added to the inventory was the • proposed Destination Park improvements and their estimated cost. This inventory was used to September, 2000 Page 6 Destination Park Plan improvements as scheduled. It is attached as Exhibit A. The cost of the improvements over 20 years is about $7 million. These improvements have been divided into three categories: As Needed, As Scheduled, and With Projects. The As Needed improvements are those that are evaluated every year and usually pushed back, and are more likely to be accomplished through the operating budget, or through the capital line items in the operating budget. Some of those are large enough that at some point they would have to be added to the Schedule. The As Scheduled are those improvements which are proposed to be included in the CIP as part of the annual park improvement projects. The With Projects category are improvements that would be rolled into other projects, such as park parking lots being rolled into a street improvement project, or a pedestrian bridge abutment repair into a trail improvement project. Attached as Exhibit B are spreadsheets evaluating the City's fiscal capacity for these improvements. Option 1 assumes that the City's contribution from the General Fund and liquor remains unchanged. Option 2 assumes it increases by $50,000 per year, and Option 3 by $100,000 per year. Option 1 shows that we would be unable to go forward with the Destination Park Plan as is at the current level of funding. Even if the plan were scaled back or extended in length, the total long- term need exceeds the funding available. Park improvements quickly bankrupt the Capital Improvements Fund. • Option 2 assumes a modest increase of $50,000 per year. While this is very nearly sufficient, the Plan would have to be scaled back so that the Capital Improvements Fund balance would not go to zero. Even at that, we would lose any flexibility in the CIF, such as taking on new improvements not included here, or if estimates for future needs are too low. Option 3 assumes a larger increase to $100,000. This allows the Plan to go forward without scaling back, and does retain flexibility. More importantly, when improvements in the second half of the plan are lighter, the Capital Improvements Fund regains fund balance. While the Parks CIP extends beyond 2020, projections for other improvements such as building improvements beyond that time become very difficult to estimate. For example, at about that time some of the major systems at the new Police and Fire buildings, such as roofs, generators, and HVAC, will be due for replacement. Long -term costs for improvements at the Central Garage are also difficult to estimate, as at that time the building will be 50 years old. To implement Option 2 or Option 3, additional sources of funds are must be found. For example, it may be possible to transfer additional funds each year from the Liquor Fund. An analysis of how much might be available cannot be done until more history of the Cub Foods site is available. Another source of funds is revenue being generated from rental of the water towers for telecommunications antennas. Four sites are being rented, with revenues which could total about $65,000 in 2001. Some portion of that could be transferred to the CIF for parks. However, it should be noted that telecommunications technology is changing very rapidly, and that revenue September, 2000 Page 7 Destination Park Plan should not be counted on for the entire twenty year program. Additional funds might be available from the Golf Course Fund when the Golf Course has a good year. The Golf Course Financial Plan states that once the Golf Course reaches and maintains its cash balance target, any excess revenues should be dedicated to park improvements. Again, it is difficult to predict from year to year how much might be available, and it should not be looked upon as a guaranteed source of funding. It is possible that these sources might be able to contribute in total an additional $50, 000 per year, which is Option 2. An additional $50, 000 per year would be required to fully implement the Destination Park Plan. IV. Miscellaneous Improvements to Other Parks 1) Twin Lake Park and boat accesses: staff recommends closing the Lakebreeze boat access but keeping the Upper boat access. Twin Lake improvements are scheduled for 2002. Recommended improvements include: constructing, using a DNR grant, a fishing pier; constructing a slightly larger parking lot; removing the ballfield and shelter building; constructing a small picnic shelter; replacing the playground with a small tot playground similar to Wangstad Park; and removing the beach. 2) Storage: many of the warming house type park shelters are also used to store recreation • and maintenance items. As some of these are demolished to make way for open picnic shelters, that storage is lost, leading to a need to find new storage spaces. Staff reviewed a number of options for storing these materials, including: a) Storing items in City Hall, either in the former police station or in space vacated in upper City Hall when some offices move to lower City Hall; b) The long -term CIP includes an additional cold storage building at the Central Garage. That construction could be accelerated, and park maintenance items and some recreation items such as softballs, nets, etc stored in that building, and the balance of recreation items such as special event decorations and summer program materials stored in a smaller dedicated space at City Hall; or c) Accelerating the construction of the additional cold storage building, and storing all park maintenance and recreation items there. Staff prefers b above, mainly because it reduces the amount of fetching and hauling of items from parks to the Community Center that park maintenance provides for recreation. Park Maintenance suggests that the existing salt storage building be converted to a cold storage building through installation of a storage mezzanine, and that a simple shelter be constructed in the existing materials storage yard to store salt. The displaced materials would be relocated to the Camden wellhead site. September, 2000 Page 8 Destination Park Plan • V. Recommendations While this report has so far focused exclusively on park improvements, it should be noted that recreational programming improvements complement the facility improvements, and should be considered as well. Little detail has been developed on the recreation recommendations as actual programming improvements would depend upon the direction the Destination Park Plan takes and the funding which is available. Several of the recreation improvements will likely have an operating budget cost which is not included or estimated in this report. The following recommendations of the Park and Recreation Commission and staff address both park and recreation improvements: 1) It is recommended that the City Council proceed with the Destination Park Plan as outlined in this report, implementing the proposed schedule by increasing annual funds available for capital improvements. If $50,000 additional is available, then direct staff to scale back the Plan accordingly. The Park and Recreation commission recommends that the full plan go forward if an additional $100,000 is available for investment. 2) As park improvements continue to be made, additional effort must be dedicated to maintaining those investments. The Park and Recreation Commission recommends that an additional park maintenance position be considered in the 2001 budget. • 3) Few facilities are identified in the Destination Park Plan specifically for teens. As facilities are constructed and programming is developed, it may be necessary to add a program supervisor to focus exclusively on teen programming utilizing existing or planned facilities as well as school district and other facilities (see below). 4) It is recommended that the City partner with at least one school district to provide supervised afternoon and evening programming specifically for teens, such as open gym, computer lab, arts, and "hang out" space. 5) Several park name changes are recommended. It is recommended that Garden City Park be renamed Central Park, and that Brooklane Park be renamed Garden City Park. It is also recommended that Grandview Park be renamed Cohen Park. 6) It is recommended that additional funds be considered to provide additional hours of park supervision by park leaders. Also, as improvements are made in Destination Parks, additional recreation programming should follow to complement those improvements. This will likely have an operating budget impact, especially if that programming is low or no cost aimed at children and teens versus adult sports which pay their own way. 7) Vandalism has been a growing problem at our Parks. It is recommended that additional police time be dedicated to patrolling Parks and participating in park programming to • help curb the destructiveness of the vandalism. September, 2000 Page 9 Destination Park Plan City Council Agenda Item No. 8d • 1 City of Brooklyn Center A great place to start. A great place to stay. • To: Mayor Kragness and ouncil Members Hilstrom, Lasman, Nelson, and Peppe From: Michael J. McCauley City Manager Date: September 7, 2000 Re: Preliminary 2001 General Fund Budget Resolutions The City Council is being asked to approve a preliminary 2001 real estate tax levy and a preliminary 2001 budget. State law requires the adoption of these two items at the beginning of September. Along with the preliminary levy and budget, State law also directs that the Council must set the truth in taxation and continuation hearing (if needed) dates. The recommended dates for the truth in taxation hearing and continuation hearing dates are: Monday, December 4th at 7:00 P.M. for the truth in taxation hearing Monday, December 11th at 6:00 P.M. for the continuation hearing. This budget is preliminary in that it represents the continuation of the Council's review and revisions as the budget continues its evolution. The budget will be modified as necessary to reflect the City Council's goals. December 11 th would be the date for the adoption of the budget. A subsequent hearing would be held at the regular meeting to be set for December 11th at 7:00 P.M. The preliminary levy establishes the maximum real estate tax levy that may finally be adopted after the truth in taxation hearing in December. That preliminary levy may be reduced, but may not be increased after the September preliminary levy adoption. This amount will be included in the truth in taxation hearing notices sent to property owners. The preliminary budget may be increased, re- arranged, or reduced when the final budget is adopted. The preliminary levy would increase real estate taxes levied by the City, Economic Development Authority, and Housing and Redevelopment Authority by a total of 3.95% above the gross levy for taxes payable in 2000. REVENUE OVERVIEW For 2001, the draft General Fund budget proposes an overall increase of $444,063 or 3.19 %. The major sources of additional revenue are: Tax levy increase: $305,844 Misc. Tax (lodging) $ 70,000 (note: % goes to Convention & Visitors Bureau) State Aid Increases $ 81,481 Another major influence on revenue is a reduction in budgeted revenues from recreation and the • community center. These have been budgeted at or below actual receipts in 1999. We have been 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 • adjusting the revenues in the budget to reflect actual performance in this area. In 2001 we anticipate a loss of revenue at the Community Center below 1999 levels due to construction. We are still analyzing potential impacts and working to refine estimates of revenue impacts of construction. We have increased lodging taxes in the draft, but this draft has those revenues below 1999 actual revenues and below projected 2000 receipts. The draft reflects approximately 90% of 1999 actual lodging tax receipts. This approach, for purposes of analysis and discussion, is similar to the budget line for uncollectible taxes. If lodging occupancy dropped, those revenues would correspondingly drop. The following chart shows the draft General Fund 2001 budget revenue changes: Revenues 1998 " 1999 2000 2001 Taxes $7,374,544 $7,563,304 $7,742,888 $8,048,732 $305,844 3.95% Est. llncollectable ($247,971) ($253,371) ($258,235) ($210,057) $48,178 - 1 8.66°'0 Miscellaneous Taxes $461,000 $551,000 $650,000 $720,000 $70,000 10.77% Licenses & Permits $364,585 $414,270 $512,050 $551,165 $39.115 7.64% Intergovernmental Rev. $3,848.814 $3,889,507 $4,067,577 $4,149,058 $81.481 2.00 /o Charge for Service $21,900 $23,000 $23,600 $30,000 $6,400 27.12% Public Safety Charges $23,700 $23,050 $31,000 $37,000 $6,000 19.35% Recreation $425,794 $428,056 $381,750 $330,045 ($51,705) - 13.54% Community Center Fees $411,200 $388,100 $343,400 $251,150 ($92,250) - 26.86% Court Fines $192,000 $186,000 $200,000 $198,000 ($2,000) -1.00% Misc. Revenue $12,000 $12,000 $12,000 $12,000 $0 0.00% Interest $300,000 $280,000 $324,000 $360,000 $36,000 1 L l 1 % TOTAL $13,187,566 $13,504,916 $14,030,030 $14,477,093 $447,063 3.19% 1998 1999 2000 2001 1994 Bonds $66,457 $70,165 $68,193 $66,176 ($2.017) - 2.87% 1995 Bonds $72,482 $70,844 $69,126 $72,579 $3,453 4.87% 1996 Bonds $120,145 $123,006 $120,242 $122,581 $2,339 1.90% Police & Fire Bonds $783,146 $784,692 $783,012 $785,492 $2,480 0.32% $1,042,230 $1,048,707 $1,040,573 $1,046,828 $6,255 0.60% 2 The overall General Fund levy increase proposed is 3.95 %. This increase includes both operating is revenues and debt service for Special Assessment Bonds 1994 -1996 and the Police & Fire Building Bonds of 1997. Operating Revenues (total General Fund revenues minus debt revenues) would increase 3.39% over 2000 Operating Revenues. EXPENDITURE OVERVIEW Personnel, equipment, and computer technology are the driving forces behind increased costs in the General Fund budget. The draft 2001 budget reflects the 3rd year of increased payment for fire drills, a $122,000+ request for technology in the Police Department, a number of personnel requests totaling $84,373), increased social service requests (costs), an additional park maintenance position (included in the $84,373 of personnel requests), an additional pick -up truck for park maintenance, special assessments against City departments (building & grounds & parks) for 2001 street projects. Special assessments will be removed in later drafts of the General Fund budget. The preliminary budget resolution reflects a balanced budget. The draft budget expenditures are out of balance and will be revised to balance with revenues through the remaining budget development process. SPECIFIC BUDGET ISSUES 1. SOCIAL SERVICES The preliminary budget reflects the allocation of resources for joint powers agreements and • purchased services. The total allocation contained in the preliminary budget is $106,035. 2. PERSONNEL As indicated above, there are pressures on wages and benefits that are affecting cities. The robust economy has started to push wage increases above 3% in the private sector. Some cities are also settling contracts and providing wage increases above 3 %. The preliminary budget contains a 3% increase in wages. In addition, a number of reclassification requests have been made. These requests must be reviewed in the context of comparable worth evaluation. We have not had the opportunity to review those requests in light of comparable worth points for positions. Also putting pressure on personnel costs is the rising cost of health insurance. Some cities are dealing with these costs by increasing wages and others are increasing their health insurance contributions. The additional building inspector position in 2000 is continued in 2001 to reflect the high level of building activity. Brookdale could trigger additional needs that would be offset by revenues.. A contract covering 2001 is in place for the public works union, but it contains a clause for re- opening wages and benefits if health insurance increases more than $40.00 per month. Indications are that health insurance will increase again at a substantial rate which will re -open that contract.. Negotiations have not begun with the 2 unions representing police officers (patrol /detectives & sergeants). Teamsters (Department Heads & a few others) arbitration has been recently decided at • a one year contract for the year 2000. Thus all unions are unsettled at this point for 2001. 2001 will be the 3rd year for a planned increase in drill pay for fire fighters. 3 • 3. CAPITAL PROJECTS FUND TRANSFER Capital Projects Fund Transfer is continued at the 2000 level. This transfer of $100,000 was added in 2000. 4. COMPUTERS/LOGIS Costs in this area continue to rise. The budget does not contain an identified cost for web site operation in 2001. This will be addressed in future drafts. 5. LEGAL The draft budget reflects an increased cost of criminal prosecution proposed by Mr. Clelland. 6. POLICE Police are requesting a $122,000 capital expenditure. This is primarily for lap top replacements. This was identified as an issue in the 2000 budget. The police are reviewing their budget request to identify other sources of funding such as grants. This request will need to be pared substantially to develop a balanced budget. A phased replacement also has advantages of evening out expenditures. • We are working to implement the Council authorization to exceed the budgeted number of officers to have better staffing and use of eligibility lists due to additional retirements and exhaustion of previous lists. We have hired 3 new officers from the latest testing process in addition to the 2 officers hired at the beginning of 2000. Our 2 cadets will become officers in the first quarter of 2001 upon successful completion of their skills training and the licensing exam. This will allow us to test the thesis proposed to better utilize resources by not having to test as often and consequently have better coverage in the face of retirements etc. 7. FIRE The draft fire budget includes increasing the drill pay by $10,000, as the 2nd year of a 3 year planned increase. 8. YEAR 2000 CELEBRATION /CIVIC EVENTS The draft budget contains some monies for the 2001 closure of this celebration. FUTURE ISSUES/PROJECTIONS An issue facing the organization is creating a workforce that reflects the diversity of the community. We have been working on this, especially through minority hiring fairs and the cadet program. In 2001, the work plan for COOP Northwest will continue work on joint efforts in this area beyond the I4 • police component. 4 The increased use of technology and the implementation of a City web site will continue to increase • the costs of providing service, without a corresponding decrease in other costs. SUMMARY Much work needs to go forward on the budget with the second round of departmental meetings that will follow adoption of the preliminary budget. Council goals will also be incorporated into the budget and budget presentation. • • 5 MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: September tember 6 2000 SUBJECT: 2001 Preliminary Budget udget and Property Tax Le P rtY �'Y Rep P Attached is a resolution adopting preliminary 2001 budgets for those funds which levy properly taxes. Also attached are resolutions adopting preliminary property tax levies for these same funds. As discussed with the City Council, the total property tax levy is increasing from $8,100,334 in 2000 to $8,420,298 in 2001. This is a 3.95 % increase and provides for the anticipated needs of the debt service funds and some operating increases I for the other funds. The H.R.A. and E.D.A. levies are limited to certain percentages of the city's market value by state law. Levying the maximum percentages allowed based upon our assessor's estimate of the total market value would result in higher dollar value levies than are included in this budget. The dollar value of the H.R.A. and E.D.A. levies were held • down to achieve the overall 3.95 % increase in the total tax levy. I i - City of Brooklyn Center All Funds Which Levy Property Taxes COMBINED STATEMENT OF PROPERTY TAX LEVIES PROPOSED 2001 BUDGET PROPOSED 2001 Special Special Special Police & Fire Housing & Economic Assessment Assessment Assessment Building Redevelopment Development Totals Revenues General Bonds of 94 Bonds of 95 Bonds of 96 Bonds of 97 Authority Authority 2001 Gross Property Tax Levy $7,001,904 $66,176 $72,579 $122,581 $785,492 $154,835 $216,731 $8,420,298 Less: Estimated Uncollectable % 3% 3% 3% Estimated Uncollectable $ 210,057 4,645 6,502 221,204 Net Property Tax Levy $6,791,847 $66,176 $72,579 $122,581 $785,492 $150,190 $210,229 $8,199,094 Percentage Increase 2001 Gross Levy Over 2000 Gross Levy 4.47% -2.96% 5.00% 1.95% 0.32% 3.95% 3.95% 3.95% ADOPTED 2000 Special Special Special Police & Fire Housing & Economic Assessment Assessment Assessment Building Redevelopment Development Totals Revenues General Bonds of 94 Bonds of 95 Bonds of 96 Bonds of 97 Authority Authority 2000 Gross Property Tax Levy $6,702,315 $68,193 $69,126 $120,242 $783,012 $148,951 $208,495 $8,100,334 Less: Estimated Uncollectable % 3.0% 8.0% 7.1% 7.9% 5% 3% 3% Estimated Uncollectable $ 201,069 5,422 4,904 9,554 37,286 4,469 6,255 268,959 Net Property Tax Levy $6,501,246 $62,771 $64,222 $110,688 $745,726 $144,482 $202,240 $7,831,375 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUT To ADOPT THE 2001 PRFLIMJ BUDGET WHEREAS, the City of Brooklyn Center is annually required by City Charter and state law to adopt an annual budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the appropriations for budgeted funds for the calendar year 2001 shall be: 1 • APPROPRIATIONS: GENERAL FUND: Preliminary Organizational Unit Amount Operating Divisions $13,706,775 Reimbursements from Other Funds - 770,707 Transfers to Capital Improvements Fund 100,000 Transfers to Special Assessment Construction Fund 394,197 Transfers to Street Debt Service Funds 261,336 Transfers to Buildings Debt Service Fund 785,492 --------------- TOTAL TOTAL GENERAL FUND $14,477,093 STREET IMPROVEMENT BONDS OF 94 DEBT SERVICE FUND $107,089 STREET IMPROVEMENT BONDS OF 95 DEBT SERVICE FUND $97,525 STREET IMPROVEMENT BONDS OF 96 DEBT SERVICE FUND $189,293 POLICE & FIRE BUILDING BONDS OF 97 DEBT SERVICE FUND $737,906 HOUSING & REDEVELOPMENT AUTHORITY FUND $169,874 ECONOMIC DEVELOPMENT AUTHORITY FUND $659,315 TOTAL APPROPRIATIONS FOR BUDGETED FUNDS $16,438,095 RESOLUTION NO. 2. ESTIMA REVENUFS, . GENERAL FUND: Gross Property Taxes $8,048,732 Estimated Uncollectible Property Taxes - 210,057 Sales Taxes on Lodging 720,000 Licenses & Permits 551,165 Intergovernmental Revenue 4,149,058 General Government Services Charges 30,000 Public Safety Service Charges 37,000 Recreation Fees 581,195 Fines & Forfeitures 198,000 Miscellaneous Revenue 372,000 --------------- TOTAL GENERAL FUND REVENUE BY SOURCE $14,477,093 SPECIAL ASSESSMENT DEBT SERVICE FUNDS: Special Assessments $142,514 Miscellaneous Revenue 14,000 • Transfers from General Fund - - -- 261,336 TOTAL DEBT SERVICE FUND REVENUE BY SOURCE $417,850 POLICE & FIRE BUILDING BONDS OF 97 DEBT SERVICE FUND: Miscellaneous Revenue $5,000 Transfers from General Fund 785,492 --------------- TOTAL DEBT SERVICE FUND REVENUE BY SOURCE $790,492 HOUSING & REDEVELOPMENT AUTHORITY: Gross Property Taxes $154,835 Estimated Uncollectible Property Taxes -4,645 Intergovernmental Revenue 19,684 --------- - - - - -- TOTAL H.R.A. FUND REVENUE BY SOURCE $169,874 • RESOLUTION NO. ECONOMIC & DEVELOPMENT AUTHORITY #1 FUND: Miscellaneous Revenue 14,000 Transfers from H.R.A. & C.D.B.G. Funds 240,212 TOTAL E.D.A. FUND REVENUE BY SOURCE $254,212 ECONOMIC & DEVELOPMENT AUTHORITY #2 FUND: Gross Property Taxes $216,731 Estimated Uncollectible Property Taxes -6,502 Miscellaneous Revenue 23,000 Transfers from H.R.A. & C.D.B.G. Funds 169,874 TOTAL E.D.A. FUND REVENUE BY SOURCE $405,103 • TOTAL REVENUES FOR BUDGETED FUNDS $16,514,624 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • Member introduced the following resolution and moved its adoption: . RESOLUTION NO. RESOLUTION TO AUTHORIZE A PRELIMINARY TAX LEVY FOR 2001 APPROPRIATIONS FOR THE GENERAL FUND, THE STREET IMPROVEMENT DEBT SERVICE FUNDS, THE POLICE & FIRE BUILDING DEBT SERVICE FUNDS, THE E.D.A. FUND, AND THE H.R.A. FUND BUDGE WHEREAS, The City of Brooklyn Center is annually required by Charter and state law to approve a resolution setting forth an annual tax levy to Hennepin County; and WHEREAS, Minnesota statutes require certification of a proposed tax levy to Hennepin County on or before September 15, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. There is hereby levied upon all taxable property lying within the City of Brooklyn Center, a proposed tax levy of the following sums for the purpose indicated: GENERAL FUND 7,001,904 • STREET IMPROVEMENT DEBT SERVICE -94 66,176 STREET IMPROVEMENT DEBT SERVICE -95 72,579 STREET IMPROVEMENT DEBT SERVICE -96 122,581 POLICE & FIRE BLDG DEBT SERVICE 785,492 TOTAL GENERAL FUND $8,048,732 ECONOMIC DEVELOPMENT AUTHORITY 216,731 HOUSING & REDEVELOPMENT AUTHORITY 154,835 $8,420,298 2. The City Clerk shall cause a copy of this resolution to be certified to Hennepin County so that said sum shall be spread upon the tax rolls and will be payable in the year 2001. 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. YP P Member introduced the following resolution and moved its adoption: RESOLUTION NO. • RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FO 2001 WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, the City Council has received a resolution from the Housing and Redevelopment Authority of the City of Brooklyn Center entitled a "Resolution Establishing the Preliminary Tax Levy for the Brooklyn Center Housing and Redevelopment Authority for the Year 2001 "; and WHEREAS, Minnesota statutes currently require certification of a preliminary tax levy to the Hennepin County Auditor on or before September 15, 2000; and WHEREAS, the City Council, pursuant to the provisions of MSA 469.033, Subdivision 6, must by resolution consent to the preliminary tax levy of the Housing and Redevelopment Authority of the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that a special tax be levied upon all real and personal property within the City of Brooklyn Center at the rate of 0.0144 % of taxable market value of all taxable property, real and personal, situated within the corporate limits of the City of Brooklyn Center, Minnesota and not exempted by the Constitution of the State of Minnesota or the valid laws of the State of Minnesota. BE IT FURTHER RESOLVED that the said property tax levy be used for the operation of the Brooklyn Center housing and Redevelopment Authority pursuant to the provision of MSA 469.001 through 469.047. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor • thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM TO: Michael J. McCauley, City Manager Y tY g FROM: Charlie Hansen, Finance Director DATE: September 6, 2000 SUBJECT: Resolution Setting Dates for Truth in Taxation Public Hearings and a Regular December City Council Meeting The Truth in Taxation legislation requires the City to select dates for public hearings on the budget and the property taxes to be levied. There is to be an initial truth in taxation public hearing at which the Public may comment on the budget. There is also to be a continuation truth in taxation public hearing on a later date in case the original hearing isn't sufficient to take all public comment. The continuation truth in taxation public hearing must be at least five business days, but no more than fourteen business days after the initial public hearing. Hennepin County, special taxing districts, and school districts have already set their hearing dates and they are listed on the attached letter. The City may not select any of those dates for the initial truth in taxation public hearing. The attached resolution sets Monday, December 4, 2000 at 7:00 P.M. to be the date of the initial truth in taxation public hearing and Monday, December 11, 2000 at 6:00 P.M. to be the date of the continuation truth in taxation public hearing. Some other dates are possible if the City Council has conflicts with these dates. If the City Council is satisfied that all interested persons were able to have public input at the initial public hearing, the continuation ublic hear' ' p m isn't needed and may Y be canceled. Final adoption of the budget and tax levy can't take place at the truth in taxation public hearing. Final adoption must take place at a subsequent hearing which would be at least one day after the initial truth in taxation public hearing, but may be a separate hearing on the same day as the continuation truth in taxation public hearing. A regular City Council meeting can be the time used for final adoption of the budget and tax levy. The attached resolution calls for a regular City Council meeting at 7:00 P.M. on Monday, � t3' g Y, December 11, 2000. A levy adoption hearing can be art of this regular City y p g gu P Council meeting. The staff must certify the final tax levy to Hennepin County by December 28, 2000. I Hennep in. County . . . . . . . . . . . . . . . . . r X ^. :Yi " An Equal Opportunity Employer August 11, 2000 Mr. Charles Hansen, Finance Director 6301 Shingle Creek Parkway Brooklyn Center, MN. 55430 Dear Mr. Hansen, As required by the Truth in Taxation legislation, we are notifying you of the public hearing dates set for the Hennepin County Board of Commissioners, Metropolitan Special Taxing Districts and the school districts to discuss their proposed budget and property tax levy for 2001: TaxinLy District Initial Hearing Continuation Hearing Hennepin County December 7, 2000 December 19,2000 Metro • Special Taxing Districts December 6, 2000 December 13, 2000 School District 011 November 29, 2000 December 8, 2000 School District 279 December 12, 2000 December 20, 2000 School District 281 November 30, 2000' December 12, 2000 School District 286 December 5, 2000 December 12, 2000 The Legislature has set aside the first two Mondays in December for the use of the cities. This year the dates are December 4th for the Initial Hearing and December 11th for the Continuation Hearing. You can use those dates or select dates other than the dates shown above. Although we will only be printing the initial hearing date on the notice, the continuation date also needs to be set at this time. The earliest hearing date is November 29,2000 and the last date is December 20, 2000 however the dates show above (AA OT be used for your initial hearing Also, please remember that the continuation date must be at least 5 business days but no more than 14 business days after the initial public hearing. Usually the public hearing dates and the mailing address for comments remain the same. Therefore we are listing the 1999 data and asking you to confirm or update that information. As required by Minnesota Statute, please return the form no later than September 15. 2000. Taxpayer Services Department • A-600 Hennepin County Government Center Recycled Pape Minneapolis, Minnesota 55487 -0060 I • August 11, 2000 Page 2 The expense of preparing and mailing the Truth in Taxation notices is to be divided in thirds among the county, school and city. Each city's portion of the third will be determined by the number of parcels in your city. As in the past, you will be billed in December after the mailing costs have been determined. If you have any questions, please contact me at 612 - 348 -5100. Sincerely, U Marie A. Kunze, Manager Property Tax Division jma Enclosure • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING DATES FOR TRUTH IN TAXATION PUBLIC HEARINGS A A REGULAR DECEM CITY COUNCIL MEETING WHEREAS, the City of Brooklyn Center is annually required by state law to hold public hearings on its proposed annual budget and proposed property tax levies, and; WHEREAS, the City of Brooklyn Center is annually required by Charter and state law to adopt an annual budget at a public meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following meeting dates for the City Council be set: 1. An initial truth in taxation public hearing will be held at 7:00 P.M. on Monday, December 4, 2000 to take public comment on the proposed property tax levy and the proposed budget for the year 2001. 2. A continuation truth in taxation public hearing will be held at 6:00 P.M. on Monday, December 11, 2000 to take public comment on the proposed property tax • levy and the proposed budget for the year 2001 if the initial public hearing was not sufficient to take all comments. 3. A regular City Council meeting will be held at 7:00 P.M. on Monday, December 11, 2000 at which the City Council will hold a public hearing and adopt the final payable 2001 property tax levies and final 2001 budget. 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. r • 3 1 1 I EDA Agenda Item: 4.c. HRA Agenda Item: 4.c. j City Council Agenda Item: 8.e. a 1 a q 1 i i 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: September 8, 2000 Re: Lot 1, Block 1, Brooklyn Farm Subdivision Lot 1, Block 1, Brooklyn Farm Subdivision is shown on the attached sheet as the darkened lot adjacent to the Earle Brown Heritage Center and the glass office tower. It has recently been the subject of attention as a potential location for an orphanage /charter school. In December of 1985, the City and the City Housing and Redevelopment Authority entered into a Contract for Private Development of this property as part of the tax increment district plans for the development of the Earle Brown Heritage Center and the surrounding area. That Contract for Private Development obligated the developer to build the glass office tower located south of Lot 1, Block 1, Brooklyn Farm Subdivision. This was Phase I of the development. The developer also had obligations relating to Phase II located on Lot 1, Block 1, Brooklyn Farm Subdivision. Development of Phase II contemplated an office building of a specific footprint, with the height of the building to be determined in reference to the parcel's physical capacity and the adjacent area's traffic capacity. Approval of certain aspects of Phase II were given to the City and HRA. Failure to abide by the terms of the Contract for Private Development has the potential to trigger default provisions in the agreement. Since the City and HRA acquired both Lots 1 and 2, Block 1, Brooklyn Farm Subdivision and then re- conveyed them to the developer for $1.00. The tax increment district has expended significant resources to generate commercial development to enhance the tax increment district which carries a debt load and to generally enhance the commercial development in the City. Based on these actions and investment, I would ask the City Council, Housing and Redevelopment Authority, and the Economic Development Authority to authorize me to further explore the options available to us in protecting the investment already made and enforcing the obligations imposed on the owner of Lot 1, Block 1, Brooklyn Farm Subdivision pursuant to the Contract for Private Development. As part of that authorization, I would request that the EDA's bond counsel, Briggs & Morgan and 1, be authorized to undertake legal enforcement of the Contract for Private Development as may be deemed appropriate after further review of the City, HRA, and EDA's rights under the agreement. 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 Nm e , INTERS'TA�T 94 �Par� 3511921430016 p 5 5430 k: __. -- E BHyVv — u1l ` a2 B6 I! 1 1 921 3543001 1 x K Y 0001 0001 " 03137 35119-21-43-0016 e': =_.'_: ".. BROOKLYN FARM • ` fap`Cli6k g .ti t,Adares 1 oil CCe1 . &3 z ° ��" "tir .. '�� az. x CONTRACT FOR PRIVATE DEVELOPMENT Among THE HOUSING AND REDEVELOPMENT AUTHORITY x IN AND FOR THE CITY OF BROOKLYN CENTER and THE CITY OF BROOKLYN CENTER, MINNESOTA and BROOKDALE THREE LIMITED PARTNERSHIP and BROOKDALE CORPORATE CENTER, A LIMITED PARTNERSHIP This Instrument Drafted by: LeFevere, Lefler, Kennedy, O'Brien & Drawz a Professional Association 2000 First Bank Place West Minneapolis, Minnesota 55402 Telephone: (612) 333 -0543 TABLE OF CONTENTS Page Preamble ARTICLE I. DEFINITIONS, EXHIBITS, RULES OF INTERPRETATION Section 1.1. Definitions 2 Section 1.2. Exhibits 3 Section 1.3. Rules of Interpretation 4 ARTICLE II. REPRESENTATIONS Section 2.1. By the Developer 4 Section 2.2. By the HRA and City 5 ARTICLE III. SALE AND CONVEYANCE Section 3.1. Sale by ERA 6 Section 3.2. Sale by Brookdale 8 Section 3.3. Closing Documents 8 Section 3.4. Real Estate Taxes and Special Assessments 9 Section 3.5. Title Insurance 9 ARTICLE IV. CONSTRUCTION OF IMPROVEMENTS - PROJECT I Section 4.1. Agreement to Construct 10 Section 4.2. Demolition 10 Section 4.3. Soil Correction 10 Section 4.4. Soil Correction - 'Indemnity 10 Section 4.5. Project Plans 11 Section 4.6. Commencement and Completion of Construction 12 Section 4.7. Certificate of Completion 13 Section 4.8. Common Access Roadway 14 Section 4.9. Public Improvements 15 ARTICLE IVA. CONSTRUCTION OF IMPROVEMENTS - PROJECT II Section 4A.1. Agreement to Construct 15 Section 4A.2. Demolition 16 Section 4A.3. Soil Correction 16 Section 4A.4. Soil Correction - Indemnity 16 Section 4A.5. Project Plans 16 Section 4A.6. Public Improvements 18 Section 4A.7. North Parking Area 19 TABLE OF CONTENTS - Cont'd Page ARTICLE V. INSURANCE Section 5.1. Definitions 20 Section 5.2. Insurance 20 Section 5.3. Modification for Benefit of Mortgagees 22 ARTICLE VI. TAR INCREMENT Section 6.1. Real Property Taxes 22 ARTICLE VII. FINANCING - PROJECT I Section 7.1. Financing 26 Section 7.2. Limitation Upon Encumbrance of Property 26 Section 7.3. Copy of Notice of Default to Lender 27 Section 7.4. Mortgagee Not Obligated to Construct 27 Section 7.5. HRA's Option to Cure Default 28 Section 7.6. Subordination 29 ARTICLE VIII. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER - PROJECT I Section 8.1. Representation as to Redevelopment 29 Section 8.2. Prohibition Against Transfer of Project I 30 Property and Assignment of Agreement Section 8.3. Approvals 31 Section 8.4. Upon Completion 31 ARTICLE I%. EVENTS OF DEFAULT Section 9.1. Events of Default Defined 31 Section 9.2. Remedies on Default 32 Section 9.3. Revesting Interest in HRA Upon Happening 33 of Event Subsequent to Conveyance Section 9.4. Resale of Reacquired Property; Disposition 35 of Proceeds Section 9.5. No Remedy Exclusive 35 Section 9.6. No Additional Waiver Implied by One Waiver 35 Section 9.7. Upon Completion 36 t TABLE OF CONTENTS - Cont'd Page ARTICLE X. ADDITIONAL PROVISIONS Section 10.1. Conflict of Interests; Representatives 36 Not Individually Liable Section 10.2. Non - Discrimination 36 Section 10.3. Provisions Not Merged With Deed 37 Section 10.4. Notice of Status and Conformance 37 Section 10.5. Notices and Demands 37 Section 10.6 Counterparts 38 EXHIBITS Final CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, made and entered into this / 5 day of L��520�'e 1985, by and between THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER, a Minnesota public body corporate and politic (HRA), the CITY OF BROOKLYN CENTER, a Minnesota Municipal Corporation (City), BROOKDALE THREE LIMITED PARTNERSHIP, a Minnesota limited partner- ship (Brookdale Three), Developer as to Project I, and BROOKDALE CORPORATE CENTER, A LIMITED PARTNERSHIP, a Minnesota limited partnership (Brookdale), Developer as to Project II. W I T N E S S E T H: WHEREAS, the City and the HRA have created and established the Earle Brown Farm Redevelopment District (Project Area) pursuant to the authority granted in Minnesota Statutes 1984, Chapter 462; and WHEREAS, the Developers have proposed development within the Project Area (the Project) which the HRA and City believe will promote and carry out the objectives for which redevelopment is undertaken, will be in the vital best interests of the City, will promote the health, safety, morals, and welfare of its residents and will be in accord with the public purposes and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted; and WHEREAS, the ERA is willing to sell and the Developers are willing to purchase property within the Project Area (the Property) and to develop the Property for and in accordance with the Agreement; and 1 WHEREAS, the City is willing to construct, reconstruct and maintain certain public improvements in accordance with the provisions of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual obliga- tions of the parties contained herein, each of them does hereby represent, covenant and agree with the others as follows: ARTICLE I. DEFINITIONS, EXHIBITS, RULES OF INTERPRETATION 1.1) Definitions - In this Agreement, the following terms have the following respective meanings unless the context hereof clearly requires otherwise. (01) Tax Increment Bonds (TIF Bonds) - The general obligation tax increment bonds issued by the City to finance the acquisition of the Property and related costs. The term shall also include any bonds or obligations issued to refund any Bonds. (02) Concept Plan - The drawings and narrative description of Proj- ect I and Project II contained in Exhibit J. (03) Construction Contract - A contract that provides for completion of the improvements constituting a Component of the Project. (04) District - The Project Area. (05) Financial Commitment - A written document which sets forth the conditions which, if satisfied by Developer, entitles Developer to a loan in a specified amount at specific loan terms. (06) Improvements - Each and all of the Improvements specified and provided in the Concept Plan which are approved by the HRA and City as hereinafter provided. (07) Market Value - The market value of the Property as determined by the City Assessor of the City of Brooklyn Center in accordance with Minnesota Statutes 1984, Section 273.11 (or as finally adjusted by an assessor, Board of Equalization, Commissioner of Revenue or any court of competent jurisdiction). (08) Maturity Date - The date on which the last TIP Bonds issued to assist the Project Area mature, or are paid, defeased or redeemed according to their terms. 2 (09) Project I - The project consists of an office building and related parking and site improvements with an estimated market value on completion of $6,394,445 located on the Project I Property. (10) Project II - The project consists of. an office building and related parking and site improvements located on the Project II Property. (11) Project Area - The Earle Brown Farm Redevelopment District as established by the HRA and the City. (12) Project Plans - Detailed schematic plans to be- approved by the City and ERA as hereinafter provided. (13) Project I Property - The real property described in Exhibit A. . (14) Project II Property - The real property described in Exhibit C. (15) Redevelopment Plan - The Earle Brown Farm Redevelopment Plan. (16) Unavoidable Delay - A forced delay of any party in the perfor- mance of obligations which is the direct result of unforeseeable events beyond the control of the Developer, the City, or the ERA and without their fault or negligence, including, but not re- stricted to, acts of God, acts of the other party, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unavailability of materials, unusually severe weather or delays of subcontractors. 1.2) Exhibits - The following exhibits are attached to and made a part of this Agreement. A. Project I Property Description; B. Project I Property to be conveyed by HRA to Brookdale Three; C. Project II Property Description; D. Project II Property to be conveyed by HRA to Brookdale; E. HRA Property Description (land to be acquired by HRA from R.F.I., Inc.); F. HRA Property Description (land to be acquired by HRA from Brookdale); G. Certificate of Completion; H. Assessment Agreement and Assessor's Certification; I. Agreement to Pay Deficiencies; _ 3 J. Concept Plan; R. Hoffman Memorandum; L. North Parking Area. 1.3) Rules of Interpretation - (01) This Agreement shall be interpreted in accordance with and governed by the laws of the State of Minnesota; (02) The words "herein" and "hereof" and words of similar import, without reference to any particular section or subdivision refer to this Agreement as a whole rather than any particular section or subdivision hereof; (03) References herein to any particular section or subdivision hereof are to the section or subdivision of this instrument as original- ly executed; (04) Any titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. ARTICLE II. REPRESENTATIONS 2.1) Representations by the Developer - With respect to their individual Projects only, Brookdale and Brookdale Three make the following representations. (01) Brookdale and Brookdale Three have the power to enter into this Agreement and have duly authorized the execution, delivery and performance of this Agreement by proper action. (02) If, to the extent allowed by law, the City or HRA makes available to Brookdale Three tax exempt financing in the exercise of its reasonable discretion, Brookdale Three has the capability to obtain necessary equity capital and mortgage financing commit- ments necessary for construction of the Improvements. (03) If the conditions precedent to construction occur, Brookdale Three will construct the Improvements described in the Project Plans in accordance with the terms of this Agreement, the Redevelopment Plan and, unless otherwise specified and agreed to by the City, all local, state and federal laws and regulations. Brookdale Three represents that the Project I Improvements and land will have a market value of at least $6,394,445. 4 (04) Brookdale and Brookdale Three will exercise all reasonable efforts to obtain, in a timely manner, all required permits, licenses and approvals and will meet in a timely manner, all lawful requirements of all local, state and federal laws and regulations which must be obtained or met before the Improvements may be constructed. With respect to permits, licenses and approvals required to be given by the City or HRA, neither body will unreasonably delay consideration of or unreasonably withhold such issuance. (05) With respect to the Project I Property, Brookdale Three represents and with respect to the Project II Property, Brookdale represents that any signing erected will satisfy the following criteria: i. Only the signs depicted in the approved Project Plans will be permitted. ii. Any signs thereafter erected, whether in addition to or as a replacement of the signs contained in the Project Plans, will be an integral part of the building in terms of design and quality. Billboard type signs on the rooftop, building facades or other areas on the property will not be permitted except that temporary billboard signs which are permitted by ordinance may be erected. All signs erected or placed on the property will advertise only the businesses or products or services of the businesses occupying the property. iii. The criteria contained in this Paragraph 2.1(05) are intend- ed to be minimum criteria, and the Developer represents that it will abide by any more restrictive requirements contained in applicable City ordinances or state statutes currently existing or hereafter enacted. (06) Brookdale Three will cooperate with the HRA. in the HRA's efforts to acquire the land described in Exhibit E. 2.2) Representations by HRA and City, - The HRA and City make the following representations as the basis for the undertaking of their respec- tive parts herein contained. (01) The HRA and City are authorized by law to enter into this Agree- ment and to carry out their obligations hereunder. (02) The HRA shall use its best efforts to convey the land described in Exhibit B by quitclaim deed to Brookdale Three and Exhibit D to Brookdale. (03) The ERA and City shall use their best - efforts, in the reasonable exercise of their discretion, to make available tax exempt financing for Project I. 5 (04) The HRA and the City shall cooperate with Developers in their efforts to obtain all federal, state and regional agency land use, environmental or other regulatory approvals necessary to implement Project'I and Project II. (05) Neither the City nor the BRA is aware of any hazardous wastes, chemicals, substances or other pollutants being currently stored, kept or located upon those portions of the Project I and Project II properties to be conveyed by the ERA pursuant to this Agreement. (06) The City and HRA will complete the landscaping plan for the boulevards and all entries to the Tax Increment District in accordance with the Plan prepared by Westwood Planning and Engineering Company without cost to Brookdale Three or Brookdale, and without any special assessments of the cost thereof. ARTICLE III. SALE AND CONVEYANCE 3.1) Sale by ERA - Subject to all other terms, covenants and con- ditions of this Agreement and all other procedural requirements, the BRA agrees to sell and Brookdale Three agrees to purchase the tract of land described in Exhibit B included within the Project I Property, and Brookdale agrees to purchase the tract of land described in Exhibit D included within the Project II Property. (01) Consideration - Brookdale shall furnish, as consideration for such conveyance, conveyance to the MU of the land described in Exhibit F. Brookdale Three shall furnish, as consideration for such conveyance, the sum of One Dollar. (02) Closin Date - That parties agree to utilize their best efforts to simultaneously close on the land described in Exhibits B and D on December 17, 1985; provided that if closing has not taken place by April 1, 1986 this Agreement shall automatically termi- nate, become null and void and the parties hereto shall without further act by any party thereby be released and discharged from any further obligation hereunder. (03) The deeds of conveyance shall be subject to the following reser vations and restrictions: i. The deed of conveyance to Brookdale Three will contain a covenant that grantee will construct and maintain on such property the parking area shown on Exhibit J and further 6 J will set aside for the benefit and use of the HRA and its assigns the 40 parking stalls located reasonably convenient to the Earle Brown Farm site. ii. The deed of conveyance to Brookdale will contain a covenant that grantee will not use such property except as provided in this Agreement without first having obtained the written approval of the HRA and City. The HRA and City agree not to unreasonably withhold such approval and will grant such approval if (a) the proposed use is in conformance with the Redevelopment Plan and all applicable zoning requirements and (b) the HRA finds that the proposed use will be in conformance with the peak hour trip generation standards contained in Exhibit R. (04) Conditions Precedent to Closing, Developer - i. Financial Commitments and Construction Contracts - Prior to any closing, Brookdale Three shall provide the HRA with evidence acceptable to the HRA of Financial Commitments and Construction Contracts for construction of the Improvements on the Project I Property in accordance with the terms of this Agreement. If the HRA finds, in the reasonable exer- cise of its discretion, that the financing is sufficiently consistent with real estate development industry standards for similar financing arrangements and adequate in amount to provide for the construction of the Improvements, and that the Financial Commitments obligate the lenders to proceed subject to the provisions of Article VIII and Section 10.2 of this Agreement and that any conditions imposed by the Financial Commitments on the HRA or the City are reasonable, the HRA shall notify Brookdale Three in writing of its approval. _.Tf the HRA rejects the evidence of Financial Commitment or Construction Contract provided by Brookdale Three, Brookdale Three shall have 30 days (but not longer from the last date for closing for the applicable parcel) from receipt of such notification of rejection to submit additional evidence, satisfactory to the HRA, of Financial Commitment and Con- struction Contracts. Notwithstanding any of _the foregoing, the HRA and City specifically find that the tax exempt IDB financing in the amount of $8,900,000. which Brookdale Three is currently seeking through application to the City will, when the Bonds are sold, unconditionally satisfy the requirements of this subparagraph i. ii. On or before the date of closing, the HRA has entered into a Purchase Agreement for the purchase of the land described in Exhibit E which agreement shall contain only such contin- gencies as are acceptable to the HRA and which shall provide for a purchase price not to exceed $625,000. 7 iii. On or before the date of closing, Brookdale shall convey to the HRA by quitclaim deed marketable title to the land described in Exhibit F. iv. Other Provisions - All other provisions of this Agreement which must, by their terms, be performed on or before the closing are incorporated at this point as though fully set out at this point. 3.2) Sale by Brookdale - Subject to all other terms, covenants and conditions of this Agreement and all other procedural requirements, Brookdale agrees to sell and the BRA agrees to purchase the tract of land described in Exhibit F. (01) Consideration - The HRA shall furnish as consideration for the land described in Exhibit F the conveyance to Brookdale of the land described in Exhibit D. (02) Closing Date - Closing on the land described in Exhibit F shall occur on the same date as the closings on the land described in Exhibits B and D. (03) Condition Precedent to Closing, HRA - i. On or before the date of closing the HRA shall convey to Brookdale and Brookdale Three by quitclaim deeds the land described in Exhibits D and B, respectively. ii. Other Provisions - All other provisions of this Agreement which must, by their terms, be performed on or before the closing are incorporated at this point as though fully set out at this point. 3.3) Closing Documents - On the date of the closings described in Sections 3.1 and 3.2, the Sellers shall deliver to the Purchasers: (a) a Seller's form judgment and lien affidavit covering all judgments, tax liens, bankruptcies, pending actions in any court, mechanic's liens and unrecorded contracts, leases, easements, or other agreements relating to the property, and (b) a title insurance commitment as described in Sec- tion 3.5 herein. 8 3.4) Real Estate Taxes and Special Assessments - Real estate taxes due and payable in the year of closing and installments on special assess- ments payable therewith shall be prorated as of the date of closing. 3.5) Title Insurance. The parties shall jointly obtain a commitment for the issuance of an owner's title insurance policy or policies. The commitment shall commit the insurer for the issuance of an owner's title insurance policy (ALTA FORM "B "), shall name the HRA the proposed insured party with respect to the land described in Exhibit F, shall name Brookdale and Brookdale Three as the proposed insured parties with respect to the land described in Exhibits D and B, respectively, shall be certified to date, including searches and bankruptcies and state and federal judgments, tax and other liens and for all special assessments levied or pending. Each party shall be allowed five days from receipt of the commitment for examination of the commitment and delivery to the other party of a list of all encumbrances or other interests which are unacceptable to such party. Objections may be raised only as to defects consisting of encumbrances or other interests which, when taken as a whole, would materially detract from the value of the property or restrict or prohibit its intended use. Objections not made within such period are deemed waived. The parties shall have 180 days from the date of timely objection to correct a defect and supply the other party with an updated commitment. In the event that the defect is not removed during that period and is not waived by the objecting party, this Agreement shall be null and void and all parties shall be released from their obligations herein to any other party. 9 ARTICLE IV. CONSTRUCTION OF IMPROVEMENTS - PROJECT I 4.1) Agreement to Construct - Subject to delivery of title to the property described in Exhibit B, Brookdale Three agrees that it will construct the Improvements on the Project I Property in accordance with the approved Concept Plan, excluding any reference in the Concept Plan to any potential future development on the Project II Property. 4.2) Demolition - Brookdale Three shall, at its sole expense, raze and remove all structures remaining on the Project I Property at the time of conveyance by the HRA. 4.3) Soil Correction - Brookdale Three shall have the sole respon- sibility to make any necessary soil correction and site improvements. Except for the representation made in Section 2.2(05), neither the HRA nor the City has made any representations concerning the nature of soils on the Project I Property described in Exhibit B, the suitability of such soils for Project I, or the cost of correcting any unsuitable soil conditions. Site improvements include, without limitation, grading, removal, and replacement of fill, compacting, retaining walls, piling, footings, removal of gas services, telephone services, electrical services, sanitary sewers, water services, wells, foundations, trees and basements. 4.4) Soil Correction - Indemnity - Brookdale Three agrees to indemni- fy and hold harmless the HRA, the City, and their officers, agents and employees from any claim or cause of action for personal injury, property damage, death, business interruption or other cause in equity or at law arising out of or occasioned by the soil correction or demolition activ- ities performed by Brookdale Three, its agents or employees. Brookdale Three waives and releases any claim it may have now or in the future 10 against the City, the ERA, and their officers, agents and employees from any claim Brookdale Three may have arising out of or occasioned by the presence of hazardous wastes on or in the Project I Property. j �rrri off.. 4.5) Project Plans - Not later than March 1, 1986, Brookdale Three 6 shall submit detailed schematic Project Plans for Project I (Project I Plans). The Project I Plans shall provide for the construction of the Improvements and shall be in conformity with this Agreement, and all applicable state and local laws and regulations. The ERA shall approve the Project I Plans in writing if, in the reasonable discretion of the ERA (a) the Project I Plans conform to the terms and conditions of this Agreement including Exhibit J; (b) the Project I Plans conform to all applicable federal, state and local law, ordinances, rules and regulations; (c) the Project I Plans are adequate to provide for the construction of the Im- provements; and (d) the Project I Plans do not provide for expenditures in' excess of the funds available to Brookdale Three for construction of the Improvements. No approval by the ERA shall relieve Brookdale Three of the obligation to comply with the terms of this Agreement, the terms of the Redevelop6ezat Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Improvements. The ERA reserves the unrestricted right to reject the Project I Plans if in its sole dis- cretion the ERA determines that items contained therein were not addressed in Exhibit J and are unacceptable to the ERA. Such Project I Plans shall, in any event, be deemed approved unless rejected in writing by the ERA, in whole or in part. Such rejection shall set forth in detail the reasons therefor, and shall be made within twenty days after the date of their receipt by the ERA. If the ERA rejects the Project I Plans in whole or in part, Brookdale Three shall submit new or corrected Project I Plans within 11 twenty days after written notification to Brookdale Three of the rejection. The provisions of this Section relating to approval, rejection and resub- mission of corrected Project I Plans shall continue to apply until the Project I Plans have been approved by the HRA. The HRA may review and approve portions of the Project I Plans which may be submitted by Brookdale Three from time to time prior to the date such Project I Plans are required to be submitted to the HRA pursuant to this Section 4.5. If Brookdale Three desires to make any change in the Project I Plans after their approval by the BRA, it shall submit the proposed change to the HRA for its approval. If the Project I Plans, as modified by the proposed change, conform to the requirements of this Section with respect to such previously approved Project I Plans, the HRA shall approve the proposed change and notify Brookdale Three in writing of its approval. Such change in the Project I Plans shall, in any event, be deemed approved by the BRA unless rejected, in whole or in part, by written notice by the HRA to Brookdale Three, setting forth in detail the reasons therefor. Such re- jection shall be made within ten days after receipt of the notice of such change. Final construction plans and specifications shall be reviewed and approved by the City Building Inspector. 4.6) Commencement and Completion of Construction - Subject to Un- avoidable Delays, construction of the Project I Improvements shall be 50 percent complete by January 1, 1987 and shall be complete by June 1, 1987. "Commencement of construction" shall mean, for the purpose of this Agree- ment, the date upon which Brookdale Three has commenced soil correction procedures. 12 Brookdale Three agrees for itself, its successors and assigns, and every successor in interest to the Project I Property, or any part thereof, that it, and such successors and assigns, shall promptly begin and dili- gently prosecute to completion and redevelopment of the Project I Property through the construction of the Improvements thereon, and that such con- struction shall in any event be completed within the period specified in this Section 4.6. It is intended and agreed, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the ERA and enforce- able by the ERA against Brookdale Three and its successors and assigns. 4.7) Certificate of Completion - Promptly after notification by Brookdale Three of completion of the Project I Improvements contemplated by the Project I Plans, the ERA shall inspect the construction to determine whether such Improvements are completed substantially in accordance with the terms of this Agreement. If the ERA is - satisfied, it will furnish Brookdale Three with a Certificate of Completion. Such Certification by the ERA shall, except as further provided in this Section 4.7, be a conclu- sive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of Brookdale Three to construct the Improvements. The ERA shall not issue a Certificate of Completion until the City building official has issued a Certificate of Occupancy for the Improvements. The certification provided for in this section shall be in recordable form. If the ERA shall refuse or fail to provide Brookdale Three a 13 certification in accordance with the provisions of this Section 4.7, the HRA shall, within thirty days after written request by Brookdale Three, provide it with a.written statement, indicating in adequate detail in what respects it has failed to complete the Improvements in accordance with the provisions of this Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the reasonable opinion of the HRA, for it to take or perform in order to obtain such certification. Prior to the issuance of a Certificate of Completion, the parties shall in -good faith seek' to enter into a reciprocal parking agreement providing for mutual use of the parking areas on the Project I Property and the abutting Earle Brown Farm property. 4.8) Common Access Roadway - (01) Brookdale Three agrees that it will construct, maintain, and reconstruct as necessary the Common Access Roadway and maintain the landscape areas abutting the Project I Property as shown on Exhibit J. Prior to awarding contracts for such construction, Brookdale Three shall furnish to the HRA the estimated cost for construction. The HRA shall have 30 days'from the receipt of such information to approve or disapprove such cost. If the HRA disapproves the cost, Brookdale Three shall convey to the HRA a non - exclusive easement for the Common Access Roadway. The ERA shall then construct the roadway and upon completion Brookdale Three shall -pay the HRA 50 percent of the costs incurred in construction; provided, however, that such payment shall not exceed 50 ercent of Brookdale Three's estimated co f p cost or construction of the roadway. Construction of the Common Access Roadway will occur at the same time as construction of the parking area improvements for Project I. (02) In the event that that Common Access Roadway is constructed by Brookdale Three, Brookdale Three shall upon completion convey to the HRA, and other parties designated by the HRA, a non - exclusive easement for ingress and egress over and across the entire area of the Common Access Roadway as- described in the "as- built" drawings prepared by Brookdale Three's architect which lies on the Project I Property. Simultaneous therewith, the HRA shall convey to Brookdale Three a non - exclusive easement for ingress and egress over and across the entire Common Access Roadway as described in the "as- built" drawings prepared by Brookdale Three's architect which lies on land owned by the HRA. 14 I __ 3 Brookdale Three agrees that it will not grant any access easement to other entities without the written approval of the HRA. (03) As consideration for the granting by Brookdale Three of the easement described in paragraph (02) of this Section 4.8 the HRA agrees to pay an amount equal to 50 percent of the costs incurred by Brookdale Three in construction of the Common Access Roadway. (04) The HRA and City agree that they will landscape in accordance with the Westwood Planning and Engineering Company Plans for the Tax Increment District the areas adjacent to the Common Access Roadway as part of the Public Improvements to be constructed adjacent to the Project I Property shown on Exhibit J. Brookdale Three agrees to grant to the HRA and /or City any easements or entry permits required by such landscaping. (05) The HRA agrees that it will pay to Brookdale Three 50 percent of the reasonable costs which Brookdale Three incurs in maintaining or reconstructing the Common Access Roadway. 4.9) Public Improvements - Brookdale Three agrees to join with Brookdale in the petition for construction of the Public Improvements described in Section 4A.6 and to pay 50 percent of all special assessments provided for therein. Brookdale Three further agrees to waive, in its petition for the Public Improvements or in a separate undertaking, its right to question the validity or amount of any such special assessment under Minnesota Statutes, Section 429.031, Subdivision 3, and Section 429.061. _ ARTICLE IVA. CONSTRUCTION OF IMPROVEMENTS - PROJECT II 4A.1) Agreement to Construct - Subject to delivery of title to the property described in Exhibit D, Brookdale agrees that the Improvements it constructs, if any, on the Project II Property shall be in accordance with the approved Concept Plan, excluding any reference in the Concept Plan to any potential future y p development on the Project I Property. 15 4A.2) Demolition - Brookdale shall, at its sole expense, raze and remove all structures remaining on the Project II Property at the time of conveyance by the HRA. 4A.3) Soil Correction - Brookdale shall have the sole responsibility to make any necessary soil correction and site improvements. Except for the representation made in Section 2.2(05), neither the HRA nor the City has made any representations concerning the nature of soils on the Project II Property described in Exhibit D, the suitability of such soils for Project II, or the cost of correcting any unsuitable soil conditions. Site improvements include, without limitation, grading, removal, and replacement of fill, compacting, retaining walls, piling, footings, removal of gas services, telephone services, electrical services, sanitary sewers, water services, wells, foundations, trees and basements. 4A.4) Soil Correction - Indemnity - Brookdale agrees to indemnify and hold harmless the HRA, the City, and their officers, agents and employees from any claim or cause of action for personal injury, property damage, death, business interruption or other cause in equity or at law arising out of or occasioned by the soil correction or demolition activities performed by Brookdale, its agents or employees. Brookdale waives and releases any claim it may have now or in the future against the City, the HRA, and their officers, agents and employees from any claim Brookdale may have arising out of or occasioned by the presence of hazardous wastes on or in the Project II Property. 4A.5) Project Plans - Prior to construction of Project II, Brookdale shall submit detailed schematic Project Plans for Project II (Project II Plans). The Project II Plans shall provide for the construction of the Improvements and shall be in conformity with this Agreement, and all 16 1 ' ! applicable state and local laws and regulations. The HRA shall approve the Project II Plans in writing if, in the reasonable discretion of the HRA (a) the Project II Plans conform to the terms and conditions of this Agreement including Exhibit J; (b) the Project II Plans conform to all applicable federal, state and local law, ordinances, rules and regulations; (c) the Project II Plans are adequate to provide for the construction of the Improvements; and (d) the Project II Plans do not provide for expenditures in excess of the funds available to Brookdale for construction of the Improvements. No approval by the HRA shall relieve Brookdale of the obligation to comply with the terms of this Agreement, the terms of the Redevelopment Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Improvements. The HRA reserves the unrestricted right to' reject the Project II Plans if in its sole discretion the HRA determines that items contained therein were not ad- dressed in Exhibit J and are unacceptable to the HRA. Such Project II Plans shall, in any event, be deemed approved unless rejected in writing by the HRA, in whole or in part. Such rejection shall set forth in detail the reasons therefor, and shall be made within twenty days after the date of their receipt by the HRA. If the HRA rejects the Project II Plans in whole or in part, Brookdale shall submit new or corrected Project II Plans within twenty days after written notification to Brookdale of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Project II Plans shall continue to apply until the Project II Plans have been approved by the HRA. The HRA may review and approve portions of the Project II Plans which may be submitted by Brookdale from time to time prior to the date such Project II Plans are required to be submitted to the HRA pursuant to this Section 4A.5. 17 If Brookdale desires to make any change in the Project II Plans after their approval by the HRA, it shall submit the proposed change to the HRA for its approval. If the Project II Plans, as modified by the proposed change, conform to the requirements of this Section with respect to such previously approved Project II Plans, the BRA shall approve the proposed change and notify Brookdale in writing of its approval. Such change in the Project II Plans shall, in any event, be deemed approved by the HRA unless rejected, in whole or in part, by written notice by the HRA to Brookdale, setting forth in' detail the reasons therefor. Such rejection-shall be made within ten days after receipt of the notice of such change. Final construction plans and specifications shall be reviewed and approved by the,City Building Inspector. 4A.6) Public Improvements Not later than March 1, 1986, the parties will agree to plans and specifications for the construction of a storm water holding pond and appurtenant facilities and public walkway (Public Improvements) to be located on the Project II Property and generally described in Exhibit J. Brookdale agrees that it will supply the City with any easements it might reasonably request for the construction of such Public Improvements; provided, however, that Brookdale shall, in any event, have the obligation to maintain the Public Improvements. The cost of such Public Improvements will be specially assessed equally against the Project I Property and the Project II Property. The public costs to be specially assessed shall be limited to the actual construction costs incurred in constructing the Public Improvements togeth- er with staff overhead expenses reasonably allocated to the Public Improve- ments. The City agrees to conduct the necessary proceedings for con- struction of the Public Improvements described in this Section 4A.6 18 • 3 pursuant to Minnesota Statutes, Chapter 429. Brookdale agrees (i) to timely petition the City for construction of the Public Improvements pursuant to Minnesota Statutes, Section 429.031, Subdivision 3; (ii) to pay 50 percent of all assessments for the Public Improvements described in this Section 4A.6 in accordance with the established policies of the City (which the parties stipulate includes amortization of the special assessments over a period of 10 years at 10 percent interest per annum); and (iii) to waive, in its petition for the Public Improvements or in a separate undertaking, its right to question the validity or amount of any such special assessment under Minnesota Statutes, Section 429.031, Subdivision 3, and Section 429.061. 4A.7) North Parking Area - The North Parking Area is that portion of the Project II Property shown in Exhibit L. Brookdale agrees that by June 1, 1989 or within one year of notice of demonstrated need by the HRA prior to June 1, 1989, whichever period is longer, it will construct parking facilities in the North Parking Area according to a plan agreed to by the HRA and Brookdale. The HRA and Brookdale shall share equally and non - exclusively the surface parking area of such facilities. The HRA shall demonstrate need for such facilities by a showing that expected development on adjoining lands will create a need for parking based upon the City's applicable parking standards, which need cannot be met by the City's development of parking facilities on the HRA's parcel lying to the east of the North Parking Area. If Brookdale fails to construct such parking facilities within the period provided in this Section 4A.7, it shall convey the North Parking Area to the HRA by a quitclaim deed in recordable form. 19 The parties anticipate that the Project II Property shall be encumbered by a mortgage to Northwestern National Life Insurance Company in an amount not to exceed $1,000,000. Brookdale agrees that such mortgage or any other mortgage shall not encumber the North Parking Area. ARTICLE V. INSURANCE 5.1) Definitions - As used in this Article V, "Developer" shall refer to Brookdale Three and "Improvements" shall refer to the Project I Improve- ments. 5.2) Insurance - (01) The Developer will provide and maintain or cause to be maintained at all times during the process of constructing the Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: (i) Builder's risk insurance, written on the so- called "Build- er's Risk -- Completed Value Basis," in an amount equal to 100% of the insurable value of the Improvements at the date of completion, and with coverage available in nonreporting form on the so- called "all risk" form of policy; the inter- est of the City shall be protected in accordance with clause in form and content satisfactory to the City; (ii) Comprehensive general liability. insurance (including op- erations, contingent liability, operations of subcontrac- tors, completed operations and contractual liability insur- ance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above - required limited, an umbrella excess liability policy may be used); and (iii) Worker's compensation insurance, with statutory coverage. (02) Upon completion of construction of the Improvements and prior to the Maturity Date, the Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the City shall furnish proof of the payment of premi- ums on, insurance as follows: (i) Insurance against loss and /or-damage to the Improvements under a policy or policies covering such risks as are 20 ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, explo- sion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Improvements, but any such policy may have a deductible amount of not more than $50,000. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co- insurance pro- visions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Im- provements (excluding foundation and excavation costs and costs of underground flues, pipes,, drains and other uninsur- able items) and equipment, and shall be determined from time to time at the request of the City, but riot more frequently than once every three years, by an insurance consultant or insurer selected and paid for by the Developer and approved by the City. (ii) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and /or property, including any injuries resulting from the opera- tion of automobiles or other motorized vehicles on or about the Property, in the minimum amount for each occurrence and for each year of $1,000,000, and shall be endorsed to show the City as and additional insured. (iii) Such other insurance, including worker's compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self- insured with respect to. all or any . pert of its liability for work- er's compensation. (03) All insurance required in this Article V shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State to assume the risks covered thereby. The Developer will deposit annually with the City copies of policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers rs statin 8 that such insurance is in force and effect. Unless otherwise provided in this Article V, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Developer and the City at least 30 days before the cancellation or modification becomes effective. Not less than 15 days prior to the expiration of any policy, the Developer shall furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, the Developer may maintain 21 a single policy, or blanket or umbrella policies, o g P y� p r a com- bination thereof, which provide the total coverage required herein, in which event the Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Improvements. (04) The Developer agrees to notify the City immediately in the case of damage exceeding $100,000 in amount to, or destruction of, the Improvements or any portion thereof resulting from fire or other casualty. Net Proceeds of any insurance relating to damage or destruction to the Improvements or any portion thereof as a result of fire or other casualty in an amount estimated to equal or exceed $500,000 shall be payable according to the disbursement procedures for the insurance proceeds contained in the loan documents relating to the tax exempt IDB financing being obtained by Brookdale Three. 5.3) Modification for Benefit of Mortgagees - In order to facilitate the obtaining of financing for the construction of the Improvements, the City agrees that it shall agree to any reasonable modification of this Article V with respect to the disposition of the Net Proceeds of any insurance to accommodate the interests of the Holder of the First Mortgage; provided, however, that the City determines, in- its .reasonable judgment, that any such modification(s) will adequately protect the legitimate interests and security of the City with respect to Project I. The City also agrees to akree to such modification(s) of this Article V with respect to other Holders to the extent the City, in its sole discretion, deems such modification(s) necessary and reasonable. ARTICLE VI. TAX INCREMENT 6.1) Real Property Taxes - (01) Assessment Agreement - On or before the date of closing the HRA and Brookdale Three shall execute the Assessment Agreement and 22 Certification of City Assessor contained in Exhibit H of this Agreement. The HRA shall then resent the Assessment Agreement p to the City Assessor for certification. The City Assessor shall value the property and assign a market value to the Project I Property which shall not be less than the minimum market value contained in the Assessment Agreement. The market value so I established may, in the discretion of the assessor, exceed the value contained in the Assessment Agreement. (02) Review of Taxes - Except as otherwise.provided in this Agreement, Brookdale Three shall pay all real property taxes and special assessments assessed against the Project I Property. Brookdale Three agrees that prior to the Maturity Date: (1) it will not seek administrative review or judicial review of the applicabil- ity of any tax statute determined by any tax official to be applicable to the Development or Brookdale. Three or raise the applicability of any such tax statute as a defense in any pro- ceeding including delinquent tax proceedings; (2) it will not seek administrative review or judicial review of the constitu- tionality of any such tax statute determined by any tax official to be applicable to the Development or Brookdale Three or raise the unconstitutionality of such tax statute as a defense in any proceeding including delinquent tax proceedings; (3) it will not request the City Assessor of the City to reduce the assessed market value or assessed value of all or any portion of the Project I Property; (4) it will not petition the board of equalization of the City or the board of equalization of the County to reduce the assessed market value or Assessed Value of 23 all or any portion of the Project I Property; (5) it will not petition the board of equalization of the State or Commissioner of Revenue of the State to reduce the assessed market value or assessed value of all or any portion of the Project I Property; (6) it will not commence an action in a District Court of the State or the Tax Court of the State pursuant to Minn Stat Chapter 278, seeking a reduction in the assessed market value or assessed value of the Project I Property; (7) it will not make an application to the Commissioner of Revenue of the State request- ing an abatement of real property taxes pursuant to Minn Stat Chapter 270; and (8) it will not commence any, other proceedings, whether administrative, legal or equitable, with any administra- tive body within the City, the County, or the State or with any court of the State or the Federal Government with regard to the minimum market value contained in the Assessment Agreement. Brookdale Three shall not, prior to the Maturity Date, apply for a deferral of property tax on the Project I Property pursuant to the Act. Nothing contained herein shall be to limit the right or opportunity of Brookdale Three to challenge through any of the means set forth above or otherwise that part of any valuation or the Market Value which is in excess of the stipulated value contained in the Assessment Agreement; provided, however, that, Brookdale Three may not institute or prosecute any challenge to the excess which if successful would also result in a reduction of the assessment below the stipulated value. 24 (03) Agreement to Pay Deficiencies On the date of Closing, Brookdale Three and the HRA will execute the Agreement to Pay Deficiencies contained in this Agreement as Exhibit I. (04) Limitation on Total Guaranty and Deficiency Payments - Prior to the date of delivery of the Bonds, Brookdale Three shall execute and deliver the Guaranty. and Deficiency Agreement attached hereto as Exhibit I, and agrees to perform the obligations thereunder. In no event shall the amount paid to the HRA pursuant to this Agreement or Exhibit I exceed: (a) to pay principal, 25% of the aggregate principal amount of the TIE' Bonds that has been retired or is then due and payable, less the amount of any previous payments made for this purpose; and (b) to pay interest, 25% of the interest that has been paid on the TIF Bonds or is then due and payable thereon, less the amount of any previous payments made for this purpose. Failure of the HRA to give the Notice on Demand required by this section does not relieve Brookdale Three of its obligations under this Section 6.1(04) and Exhibit I. The HRA covenants and agrees. that it will not accept any payments from Brookdale Three under this section which would cause the interest r st on the Bonds to become subject to federal income taxation. The City, HRA and Brookdale Three reserve the right to obtain an opinion of nationally recognized bond counsel as to the effect of the acceptance of any such payment or any payment made pursuant to Exhibit I upon the taxable status of the interest on the Bonds. In no event shall Brookdale Three be obligated to pay in any 12 month period, a sum in excess of 5% of the annual debt service due on the Bonds unless and until the HRA files with 25 y Brookdale Three an opinion of bond counsel satisfactory to Brookdale Three to the effect that such excess payments would not impair the tax exempt status of the Bonds. ARTICLE VII. FINANCING - .PROJECT I 7.1) Financing. - On or before the date of Closing, Brookdale Three shall submit to the HRA evidence of a commitment for mortgage financing sufficient for construction of the Improvements. If the HRA finds that the mortgage financing is sufficiently committed and adequate in amount to provide for the construction of the Improvements then the HRA shall notify Brookdale Three in writing of its approval. The failure of the HRA to notify Brookdale Three within five days of receipt of evidence by the HRA shall be deemed acceptance by the HRA of the adequacy of the commitment. Notwithstanding any of the foregoing, the HRA and City specifically find that the tax exempt IDB financing in the amount of $8,900,000 which Brookdale Three is currently seeking through application to the City will, when the Bonds are sold, unconditionally satisfy the requirements of this Section 7.1. If the HRA rejects the evidence of mortgage financing as inadequate, Brookdale Three shall have five days from the date of such notification to submit evidence of financing satisfactory to the HRA. If Brookdale Three fails to submit such evidence, any party may terminate this Agreement whereupon all parties shall be released from any further obligation or liability hereunder. 7.2) Limitations Upon Encumbrance of Property - Prior to the issuance of a Certificate of Completion, neither Brookdale Three nor any successor 26 in interest to the Project I Property or any part thereof shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Project I Property, whether by express agree- ment or operation of law, or suffer any encumbrance or lien to be made on or attached to the Project I Property other than the liens or encumbrances attached for the purposes of obtaining funds to the extent necessary for making the Improvements and such additional funds, if any, in an amount not to exceed the costs of developing the Project !without the prior written approval of the HRA. For the purposes of such financing as may be made pursuant to the Agreement, the Property may, at the option of Brookdale Three (or successor in interest), be divided into several parts not incon- sistent with the purposes of the Development Plan and the Agreement. The HRA shall not approve any Mortgage which does not contain terms that conform to the terms of Article VII and Section 9.2 of this Agreement. Closing and delivery of the deed to Brookdale Three shall be a conclusive determination that such mortgage is approved. 7.3) Copy of Notice of Default to Lender - Whenever the HRA shall -deliver any notice or demand to Brookdale Three with respect to any bre "ach or default by Brookdale Three in its obligations or covenants under this Agreement, the HRA shall at the same time forward a copy of such notice or demand to each Holder of any Mortgage authorized by this Agreement at the last known address of such Holder as shown in the records of the HRA. 7.4) Mortgagee Not Obligated to Construct. Notwithstanding any of the provisions of this Agreement, including but not limited to those which are or are intended to be covenants running with the land, the holder of any mortgage including any such holder who obtains title to the Project I Property or any part thereof as a result of foreclosure proceedings,- or 27 action in lieu thereof, but not including any other purchaser at foreclo- sure sale (other than the holder of the mortgage itself) shall in no way be obligated by the provisions of this Agreement to construct or complete Project I or to guarantee such construction or completion. Nor shall any covenant or any other provision in the deed be construed to so obligate such holder; provided that nothing in this section or any other section or provision of this Agreement shall be deemed or construed to permit or authorize any, such holder to devote the Project I Property or any part thereof to the uses, or to construct any improvements thereon, other than those uses or improvements provided or permitted in the Concept Plan or Project Plans. 7.5) HRA's Option to Cure Default - In the event that the Holder of financing authorized pursuant to this Article VII sends a notice of default to Brookdale Three, the Holder shall also notify the HRA in writing of: (a) the fact of the default, (b) the elements of the default, and (c) the actions required to cure the default. If Brookdale Three fails to timely cure the default or fails to make arrangements satisfactory to the Holder to cure said default, then the HRA shall have 30 .days` from the "expiration of such cure period to cure the default. If the HRA cures the default as set forth above, then the Holder shall pursue none of its remedies under the financing based upon the said default of Brookdale Three. In the event of a transfer of the title to the Property to the HRA, or a third party approved by the HRA, whether or not required to cure a default, said transfer shall not constitute an event of default under the financing unless the security of the holder has, in fact, been impaired by said transfer. In the event of said transfer (which does not impair the securi- ty of the Holder), the Holder shall permit the transferee to assume all 28 outstanding obligations (and receive all remaining disbursements) under the financing. 7.6) Subordination - In order to facilitate the obtaining of financ- ing for the construction of the Improvements by Brookdale Three, the City and HRA agree to subordinate their rights .under this Agreement to the Mortgage held by the financial institution providing such funds, but only to the extent to be reasonably determined by the City and HRA and such financial institution. The HRA specifically represents that its right of revestiture of title provided in Section 9.3 is subordinate and subject to the lien of any encumbrance permitted by this Agreement with respect to both the Project I Property and the Project II Property. .ARTICLE VIII. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER - PROJECT I 8.1) Representation as to Redevelopment - Brookdale Three represents and agrees that its undertakings pursuant to the Agreement, are for the purpose of development of the Project I Property and not for speculation in landholding. Brookdale Three further recognizes that, in view of: (01) the importance of the redevelopment of the Project I Property to the general welfare of the HRA; (02) the substantial financing and other public aids that have been made available by the HRA for the purpose of making such Develop - ment possible; that the qualifications and identity of Brookdale Three are of particular concern to the HRA. Brookdale Three further recognizes that it is because of such quali- fications and identity that the HRA is entering into this Agreement, and, in so, doing, are further willing to have relied on the representations and 29 undertakings of Brookdale Three for the faithful performance of all un- dertakings and covenants agreed by Brookdale Three to be performed. 8.2) Prohibition Against Transfer of Project I Property and Assign- ment of Agreement For the reasons set out in Section 8.1, Brookdale Three represents and agrees that (except for associating with other individuals or entities), prior to the completion of Improvements as certified by the HRA: (01) Except only by way of security for, and only for the purpose of obtaining financing necessary to enable Brookdale Three or any successor in interest to the Project I Property, or any part thereof, to perform its obligations with respect to the Develop- ment under this Agreement and any other purpose authorized by this Agreement, Brookdale Three (except as so authorized) has not made or created, and that it 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 Project I 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 HRA. (02) The HRA shall be entitled to require, except as otherwise provid- ed in this Agreement, as conditions to any such approval that: (i) any proposed transferee shall have the qualifications and financial responsibility, as determined by the HRA, necessary and adequate to fulfill the obligations undertaken in the Agreement by Brookdale Three (or, in the event the transfer is of or relates to part of the Project I Property, such obligations to the extent that they relate to such part); (ii) any proposed transferee, by instrument in writing satisfactory to the HRA and in form recordable among the land records, shall for itself and its successors and assigns, and expressly for the benefit of the HRA, have expressly assumed all of the obligations of Brookdale Three under this Agreement and agreed to be subject to such obligations, restrictions and conditions (or, in the event the transfer is, of, or relates to part of the Project I Property, such obligations, conditions and restrictions to the extent that they relate to such part); provided, that the fact that any transferee of, or any other successor in interest whatsoever to, the Project I Property or any part thereof, shall, for whatever reason, not have assumed such obligations or so agreed to do so, shall not (unless and only to the extent otherwise specifically provided in the Agreement or agreed to in writing by the HRA) relieve or except such transferee or successor of or from such obligations, conditions, or restrictions, or deprive or limit the HRA of or with respect to any rights or remedies or controls with respect to the Project I Property or the construction of the 30 Improvements; it being the intent of this Section, together with other provisions of the Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in the Agreement) no transfer of, or change with respect to, ownership in the Project I 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 HRA, of any rights or remedies or controls provided in or resulting from the Agreement with respect to the Project I Property and the construction of the Improvements that the HRA would have had, had there been no such transfer or change; (iii) there shall be submitted to the HRA for review all instruments and other legal documents involved in effecting transfers de- scribed herein; and if approved b the BRA its approval pp y , pp 1 shall be indicated to Brookdale Three in in writ g. In the absence of specific written agreement by the HRA to the contrary, no such transfer or approval by the HRA thereof shall be deemed to relieve Brookdale Three from any of its obligations with respect thereto. 8.3) Approvals - Any approval required to be given by the HRA under this Article VIII may be denied only in the event that the HRA reasonably determines that the ability of Brookdale Three to perform its obligations under this Agreement will be materially impaired by the action for which approval is sought. 8.4) Upon Completion - Upon issuance of the Certificate of Completion by the HRA, no consent or approval of the HRA or City shall be required with regard to any sale of or additional financing on Project I. ARTICLE IX. EVENTS OF DEFAULT 9.1) 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 (unless the context otherwise pro- vides), any one or more of the following events: 31 (01) Failure by Brookdale Three as to Project I or Brookdale as to Project II to pay when due the payments required to be paid under any provision of this Agreement including the payment of property taxes and special assessments. (02) Failure by Brookdale Three as to Project I or Brookdale as to Project II to observe and substantially perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, after written notice as provided in this Agreement. (03) If Brookdale Three as to Project I or Brookdale as to Project II shall admit in writing its inability to pay its ' debts generally as they become due, or shall .file a petition in bankruptcy, or shall make an assignment for the benefit of its creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the applicable Property. (04) If Brookdale Three as to Project I or Brookdale as to Project II shall file a petition under the federal bankruptcy laws. (05) If Brookdale Three as to Project I or Brookdale as to Project II, on a petition in bankruptcy filed against it, be adjudicated a bankrupt, or a court of competent jurisdiction shall enter an order of decree appointing, without its consent, a receiver of it or of the whole or substantially all of its property, or approve a petition filed against it seeking reorganization or arrangement of it under the federal bankruptcy laws, and such adjudication, order or decree shall not be vacated or set aside or stayed within 60 days from the date of entry thereof. (06) If Brookdale Three as to Project I or Brookdale as to Project II is in default under any Mortgage and has not entered_ into a work -out agreement with the Mortgagee. 9.2) Remedies on Default - Whenever any event of default occurs, the City or HRA may, in addition to any other remedies or rights given them under this Agreement but only after Brookdale Three's as to Project I or Brookdale's 'as to Project II failure to cure within 30 days of written notice of default, take any one or more of the following actions: (01) suspend their performance under this Agreement as to Project I if the default is by Brookdale Three or Project II if the default is by Brookdale until they receive assurances from Brookdale Three as to Project I or Brookdale as to Project II, deemed adequate by the City and HRA, that it will cure its default and continue its performance under this Agreement; 32 (02) cancel and rescind this Agreement as to Project I if the default is by Brookdale Three or Project II if the default is by Brookdale; (03) take whatever action at law or in equity may appear necessary or desirable to the City or HRA to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement as to Project I if the default is by Brookdale Three or Project II if the default is by Brookdale; provided that any exercise by the City or HRA of its rights or remedies hereunder shall always be subject to and limited by, and shall not defeat, render invalid or limit in any way (a) the lien of any Mortgage authorized -" {- by this Agreement and (b) any rights or interests provided in this Agree- meat for the protection of the holders of a Mortgage; and provided further that should any mortgagee succeed by foreclosure of the Mortgage or deed in lieu thereof to either the Project I Property or the Project II Property, it shall, notwithstanding the foregoing, be obligated to perform the following obligations of Brookdale Three as to Project I or Brookdale as to Project II only to the extent that the same have not theretofore been performed by Brookdale Three as to Project I or Brookdale as to Project II: Sections 3.1 through 3.5; Sections 4.1 through 4.6; Section 5.1; Section 6.1. Said mortgagee shall have no obligations pursuant to this Agreement other than as specifically set forth in the foregoing sentence. 9.3) Revesting Interest in HRA Upon Happening of Event Subsequent to Conveyance - In the event that subsequent to the Closing date and as to Project I prior to the issuance of a Certificate of Completion and as to Project II prior to completion of construction: (01) Brookdale Three as to Project I or Brookdale as to Project II shall, after commencement of the construction of the Improve- ments, default in or violate its obligations with respect to the construction of the Improvements (including the nature and the date for the completion thereof), or shall abandon or substan- tially suspend construction work, such act or actions is not due to Unavoidable Delays and any such default, violation, 33 abandonment, or suspension shall not be cured, ended, or remedied within the time period provided for in this Agreement; or (02) Brookdale Three as to Project I or Brookdale as to Project II (or successor in interest) shall fail to pay real estate taxes or assessments on the applicable Project Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satisfactory to the City made for such payment, removal, or discharge, within 30 days after written demand by the HRA to do so; provided, that if Brookdale Three as to Project I or Brookdale as to Project II shall first notify . the HRA of its intention to do so, it may in good faith contest any mechanics' or other lien filed or established and in such event the HRA shall permit such mechan- ics' or other lien to remain undischarged and unsatisfied during the period of such contest and any appeal, but only if Brookdale Three as to Project I or Brookdale as to Project II provides the HRA with a bank letter of credit in the amount of the lien, in a form satisfactory to the HRA pursuant to which the bank will pay to the ERA the amount of any lien in the event that the lien is finally determined to be valid and during the course of such contest Brookdale Three as to Project I or Brookdale as to Project II shall keep the HRA informed respecting the status of such defense and provide further, that nothing in this Section 9.3(02) shall be deemed to limit the right of Brookdale Three as to Project I or Brookdale as to Project II to appeal the amount of any real property tax and special assessment as provided in Section 6.1(02) of this Agreement; or (03) there is, in violation of the Agreement, any transfer of the Project I Property or any part thereof, and such violation shall not be cured within 30 days after written demand by the ERA to Brookdale Three; or (04) Brookdale Three as to Project I or Brookdale as to Project II fails to comply with any of its covenants under this Agreement and fails to cure any such noncompliance or breach within 30 days after written demand to do so where such demand is required by this Agreement; then the HRA shall have the right to re -enter and take possession of the land described in Exhibits B and D from the party in violation of this Section 9.3 and to terminate (and revest in the HRA) the interest of Brookdale with respect to the Project II Property or Brookdale Three with respect to the Project I Property; provided, however, that such revestiture 34 of title shall be subject to the lien of any encumbrance permitted under this Agreement. 9.4) Resale of Reacquired Property; Disposition of Proceeds - Upon the revesting in the HRA as provided in Section 9.3, the MU shall, pursu- ant to its responsibilities under law, use its best efforts to resell the revested applicable Project Property or part thereof in such manner as the HRA shall find feasible and consistent with the objectives of such law and of the Development Plan for the District. Upon such resale of the proper- ty, the proceeds thereof in excess of the amount necessary to satisfy the lien of any encumbrance permitted under this Agreement may be retained without limitation by the HRA. 9.5) No Remedy Exclusive - No remedy herein conferred upon or re- served to the City or HRA is intended to be exclusive of any other avail- able 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 there- of, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or HRA or Brookdale Three or Brookdale to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article I%. 9.6) No Additional Waiver Implied by One Waiver - In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by the other parties, such waiver shall be limited to the 35 I particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 9.7) Upon Completion - After the issuance of a Certificate of Completion as to Project I and after completion of construction as to Project II, the HRA and /or City will have no further remedies under this Article I% except that they may take whatever action at law or in equity may appear necessary or desirable to the City or HRA to collect any payments due under Exhibit H or Exhibit I, or to enforce performance or observance of Sections 3.1(03)1, 4.8(01), 4A.6, and 4A.7. ARTICLE R. ADDITIONAL PROVISIONS 10.1) Conflict of Interests; Representatives Not Individually Liable - No member, official, or employee of the City or HRA shall have any person al interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City or HRA shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or HRA or for any amount which may become due to Brookdale Three or Brookdale (as to the applicable Project) or successor or on any obligations under the terms of this Agreement. 10.2) Non - Discrimination - The provisions of Minnesota Statutes, Section 181.59, which relate to civil rights and non - discrimination, and any affirmative action program of the City shall be considered a part of 36 this Agreement and binding on Brookdale and Brookdale Three as though fully set forth herein. 10.3) Provisions Not Merged with Deed - None of the provisions of this Agreement are intended to be or shall be merged by reason of any deed transferring any interest in any part of the Project I Property or the Project II Property and any such deed shall not be deemed to affect or impair the provisions of this Agreement. 10.4) Notice of Status and Conformance - At such time as all of the provisions of this Agreement have been fully performed by Brookdale Three or. Brookdale (as to the applicable Project), the HRA, upon not less than ten days prior written notice by Brookdale Three or Brookdale (as to the applicable Project), agrees to execute, acknowledge -and deliver, without charge to Brookdale Three or Brookdale (as to the applicable Project) or to any person designated by Brookdale Three or Brookdale (as to the applicable Project), a statement in writing in recordable form certifying, to the extent to which this Agreement has been fully performed and the obligations hereunder r under fully satisfied. Such certification shall not, however, be deemed a satisfaction of Brookdale Three's obligations created under the Assessment Agreement or the Agreement to Pay Deficiencies. 10.5) Notices and Demands Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under the Agreement by either party to the other shall be sufficiently given.or delivered if it is sent by mail, postage prepaid, return receipt requested or delivered personally: (01) As to the MU: 37 (02) As to the City: (03) As to Brookdale Three: (04) As to Brookdale: or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. 10.6) Counterparts - This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the City and HRA have caused this Agreement to be duly executed in their names and behalf and its seal to be hereunto duly affixed and Brookdale Three and Brookdale have caused this Agreement to be duly executed as of the day and year first above written. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR CITY OF BROOKLYN CENTER By S -- fits Executive Di for Its Commission Chat 38 CITY OF BROOKLYN CENTER Its Mayor ' j . By I s `City Manager BROOKDALE THREE LIMITED PARTNERSHIP By Ryan Properties Inc., its General Partner BY Its � . BROOKDALE CORPORATE CENTER, A LIMITED PARTNERSHIP By Ryan Propert , Inc., its General Partner B Its 39 STATE OF MINNESOTA ) _ -) COUNTY OF �,/ZG��) SS. The foregoing instrument c owledg before me this day of 1985, by ,Q and the Executive Director and Commissioner Chairman of The Sous±Wg and Redevelopment Authority in and for the City of Brooklyn Center. Li sVw.+r * ©„QLENE K. WEEKS %a" NOTARY PL` =_LIC — 'MINNESOTA IIENNENN COUNTY My commission expires Feb. 28, 1989 Notary Public STATE OF MINNESOTA ) '-) SS. COUNTY 0 jLC 4�� ) The foregoing instrument was acknowledged befpre me. this J9 day of �C1z,r�,,, X22✓ , 1985, by er.,✓ ,,�-�' and -, .�� ri �, the Mayor and City Manager of the City of Brooyn Center, Minnesota. W EEKS �, y r :m =�� NuTh "-.Y Pi�liC- 'MINNE50TA ica,'N IVIN COUNTY gyres Fbb .8 1959 Notary Public my eOirm :s,i0, ex STATE OF MINNESOTA ) .-) SS. COUNTY 0 Vr' Thf foregoing instrum t was . c ledged befo e m this ``'day of 1985, by • 4 , the r of Ryan Properties, Inc., the general pa ner of Brookdale Three Limited Partnership, a Minnesota limited partnership, on behalf of said partnership. No ary Public x A MARIE E. MCCALLUM NOTARY PUBLIC . MINNESOTA ANOKA COUNTY My Commission Expires June 17, 1991 >w x STATE OF MINNESOTA ) COUNTY OF A4 r SS. The fore oin instrum t was acknowledged befo a thi g g da of � y 1985, by2�� the` 4Z of Ryan Properties, Inc., the gen eral part r of Brookdale Corporate Center, a Minnesota limited partnership, on behalf of said partnership. N ary Public MARIE E. McCALLUM NOTARY PUBLIC • MINNESOTA ANOKA COUNTY My Commission Expires June 11, 1991 ' x >K EXHIBIT A Project I Property That part of Lot 1, Block 1, Brookdale Corporate Center, Hennepin County, Minnesota, lying southerly of a line described as follows: Beginning at a point on the westerly line of said Lot, distant 263.19 feet northerly of the southwest corner; thence S 87 14' 38" E to the easterly line of said Lot and there terminating. The said westerly line has an assumed bearing of N 6 52' 33" E. AND That part of Tract B, Registered Land Survey Number 1380; part of Outlot A, Brooklyn Center Industrial Park Plat 1 and part of vacated Earle Brown Drive, as platted in Twin Cities Interchange Park, all in Hennepin County, Minnesota, described as follows: Beginning at the southwest corner of said Tract B; thence on an assumed bearing of N 6 52' 33" E along the westerly line of said Tract B, a distance of 323.62 feet, more or less, to a point distant 422.71 feet south from the northwest corner of said Tract B; thence S 87° 14' 38" E, a distance of 221.28 feet, more or less, to its intersection with a line bearing S 2 45' 22" W from a point on the north line of Outlot B, Brookdale Corporate Center, distant 138.07 feet east of the northwest corner of said Outlot B; thence S 2 45' 22" W, a distance of 96.00 feet; thence S 87 14' 38" E, a distance of 140.01 feet; thence S 1 23' 22" W, a distance of 506.71 feet; thence S 69 52' 52" W, a distance of 87.05 feet to the northeasterly right of way line of Summit Drive; thence northwesterly along said right of way line and along the southwesterly lines of said Outlot A and said Tract ,B to the point of beginning. The above- described property will be Tracts A and H of the proposed Registered Land Survey drawn by Suburban Engineering, Inc., dated December , 1985. EXHIBIT B Project I Property to be Conveyed by HRA to Brookdale Three That part of Tract B, Registered Land Survey Number 1380; part of Outlot A, Brooklyn Center Industrial Park Plat 1 and part of vacated Earle Brown Drive, as platted in Twin Cities Interchange Park, all in Hennepin County, Minnesota, described as follows: Beginning at the southwest corner of said Tract B; thence on an assumed bearing of N V 52' 33" E along the westerly line of said Tract B, a distance of 323.62 feet, more or less, to a point distant 422.71 feet south from the northwest corner of said Tract B; thence S 87° 14' 38" E, a distance of 221.28 feet, more or less, to its intersection with a line bearing S 2 45' 22" W from a point on the north line of Outlot B, Brookdale Corporate Center, distant 138.07 feet east of the northwest corner of said Outlot B; thence S 2 45' 22" W, a distance of 96.00 feet; thence S 87 14' 38" E, a distance of 140.01 feet; thence S 1 23' 22" W, a distance of 506.71 feet; thence S 69 52' 52" W, a distance of 87.05 feet to the northeasterly right of way line of Summit Drive; thence northwesterly along said right of way line and along the southwesterly lines of said Outlot A and said Tract B to the point of beginning. The above- described property will be Tract H of-the proposed Registered Land Survey drawn by Suburban Engineering, Inc., dated December , 1985. EXHIBIT C Project II Property That part of Lot 1, Block 1, and Outlot B, Brookdale Corporate Center, Hennepin County, Minnesota, described as follows: Beginning at a point on the westerly line of said Lot 1, distant 263.19 feet northerly of the southwest corner of said Lot, said westerly line has an assumed bearing of N 6° 52' 33" E; thence continue along said westerly line, and along the northerly line to the northwest corner of said Outlot; thence S 87° 14' 38" E, along the north line of said Outlot, a distance of 138.07 feet; thence S 2 45' 22" W, a distance of 87.31 feet to the south line of said Outlot; thence westerly, along said south line and its extension to an angle point in the easterly line of said Lot 1; thence southerly along said easterly line a distance of 422.71 feet, more.or less, to its intersection with a line bearing S 87° 14' 38" E from the point of beginning; thence N 87° 14' 38" W to the point of beginning. AND That part of Outlot B, Brookdale Corporate Center, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Outlot; thence on an assumed bearing of S 87 14' 38" E, along the north line of said Outlot, a distance of 138.07 feet to the actual point of beginning; thence continue along said north line, a distance of 125.39 feet; thence S 1 23' 22" W, to the south line of said Outlot; thence westerly along said south line, to its intersection with a line drawn S 2 45' 22" W from the actual point of beginning; thence N 2 45' 22" E to the actual point of beginning. AND That part of,Tract B, Registered Land Survey Number 1380, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of Outlot B, Brookdale Corporate Center; thence on an assumed bearing of S 87° 14' 38" E along the north line of said Outlot, a distance of 138.07 feet; thence S 2 45' 22" W to the south line of said Outlot and the actual point of beginning; thence continue S 2 45' 22" W, a distance of 122.13 feet; thence S 87 14' 38" E. a distance of 130.39 feet, more or less, to its intersection with a line bearing S 1 23' 22" W from a point on the north line of said Outlot, distant 263.46 feet east of the northwest corner of said Outlot; thence N 1 23' 22" E to said south line; thence westerly along said south line to the actual point of beginning. i AND That part of Tract B, Registered Land Survey Number 1380, Hennepin County, Minnesota, described as follows: Beginning at the northwest corner of said Tract; thence on an assumed bearing of S 6 52' 33" W along the west line of said Tract, a distance of 422.71 feet; thence S 87 14' 38" E, a distance of 221.28 feet, more or less, to its intersection with a line bearing S 20 45' 22" W from a point on the north line of Outlot B, Brookdale Corporate Center, distant 138.07 feet east of the northwest corner of said Outlot B; thence N 20 45' 22" E to the north line of said Tract B; thence westerly along said north line to the point of beginning. The above - described property will be Tracts B, C, E and G of the proposed Registered Land Survey drawn by Suburban Engineering, Inc., dated December , 1985. -2- E �HIBIT D Project II Pronerty to be Conveyed by HRA to Brookdale That part of Tract B, Registered Land Survey Number 1380, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of Outlot B, Brookdale Corporate Center; thence on an assumed bearing of S 87 14' 38" E along the north line of said Outlot, a distance of 138.07 feet; thence S 2 45 to to the south line of said Outlot and the actual point of beginning; thence continue S 2° 45' 22" W, a distance of 122.13 feet; thence S 87 14' 38" E, a distance of 130.39 feet, more or less, to its intersection with a line bearing S 1 23' 22" W from a point on the north line of said Outlot, distant 263.46 feet east of the northwest corner of said Outlot; thence N 1 23' 22" E to said south line; thence westerly along said south line to the actual point of beginning. AND That part of Tract B, Registered Land Survey Number 1380, Hennepin County, Minnesota, described as follows: Beginning at the northwest corner of said Tract; thence on an assumed bearing of S 6 52' 33" W along the west line of said Tract, a distance of 422.71 feet; thence S 87 14' 38" E, a distance of 221.28 feet, more or less, to its intersection with a line bearing S 2 45' 22" W from a point on the 'north line Of Outlot B, Brookdale Corporate Center, distant 138.07 feet -east of the northwest corner of said Outlot B; thence N 2 45' 22" E to the north line of said Tract B; thence westerly along said north line to the point of beginning. The above- described property will be Tracts E and G of the proposed Registered Land Survey drawn by Suburban Engineering, Inc., dated December 1985. EXHIBIT E Land to be Acquired by HRA from R.F.I. Tract A, Registered Land Survey Number 1380 and that part of vacated Earle Brown Drive lying southeasterly of the centerline thereof, as platted in Twin Cities Interchange Park, all in Hennepin County, Minnesota. EXHIBIT F Land to be Acquired by HRA from Brookdale That part of Outlot B, Brookdale Corporate Center, Hennepin County, Minnesota, lying easterly of a line described as follows: Commencing at the northwest corner of said Outlot; thence on an assumed bearing of S 87 14' 38" E, along the north line of said Outlot, a distance of 263.46 feet to the actual point of beginning; thence S 1 23' 22" W to the south line of said Outlot and there terminating. The above- described property will be Tract D of the proposed Registered Land Survey drawn by Suburban Engineering, Inc., dated December 1985. Exhibit G CERTIFICATE OF COMPLETION The undersigned hereby certifies that BROOKDALE THREE LIMITED PARTNERSHIP, a Minnesota limited partnership, has fully and completely complied with its obligations under Article of that document entitled "Contract for Private Development" dated , 1985, between THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER (HRA), the CITY OF BROOKLYN CENTER (City), BROOKDALE THREE LIMITED PARTNERSHIP, and BROOKDALE CORPORATE CENTER, A LIMITED PARTNERSHIP with respect to construction of Project I in accordance with the approved Project I Plan and is released and forever discharged from its obligations to construct under such above- referenced Article with respect to such Project I. DATED: THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER By Its Commission Chairman By Its Executive Director """'^ • ^•••��• •VIiJJI•lJ1Y I - IIV r -uuI7 r-t Exhibit A ASSESSMENT AGREEMENT AND CERTIFICATION OF ASSESSOR THIS AGREEMENT, MADE and entered into this day of , 1985, be and between THE 'HOUSING AND REDEVELOPMENT AVMORITY OF THE CITY OF BROOKLYN CENTER, a Minnesota public body corporate and politic (BRA) and BROOKDALE TARES LIMITED PARTNERSHIP, a Minnesota limited partnership (Developer): WITNESSETH: WHEREAS, parties have contemporaneously with this Agreement entered into a Contract for Private Development (Redevelopment Contract), dated 1985, regard the redevelopment of certain real property �$ P P P Y (Property) located in the Earle Brown Farm Redevelopment District in the City of Brooklyn Center legally described in Schedule A hereto; and WHEREAS, it is contemplated that pursuant to the Redevelopment Con- tract the Developer will construct a commercial development described as the Project in such Agreement to be 50 percent completed by January 1, 1987 and completed by June 1, 1987; and WHEREAS, the HRA, the City and the Developer desire to establish minimum market values for the Property and the Project to be constructed thereon during the time of the private development, pursuant to Minnesota Statutes, Section 273.76, Subdivision 8; WHEREAS, the BRA, the City and the City Assessor have reviewed the preliminary plans and specifications for the Project which it is contem- plated will be erected. NOW. THEREFORE, the parties do hereby agree as follows: ' � ••• •• ••� •••• •• •VILJJIYYIV I IY f •YJ IJ r — aaa 1. On January 1, 1987, the minimum market value of the Project and land described in Schedule A shall be $3,197,223_ On January 1, 1988 and unti it the dat on which the tax increment will no longer be =emitted to the HRA pursuant to Minnesota Statutes, Section 273.75, Subdivision 1 (Maturity Date), the minimum market value for the Project and land described In Exhibit A shall be $6,394,445. 2. The City Assessor shall value the Project and Property and assign a market value which shall not be less than the minimum market value provided herein. Nothing in this Agreement shall limit the discretion of the City Assessor or any other public official or body having the duty to determine the market value of the Property for ad valorem tax purposes, to assign to the Property and the Project to be built thereon, market value in excess of the minimum market value specified in this Agreement. 3. Neither the preambles nor the provisions of this Agreement are intended nor shall they be construed as modifying the terms of the Redevel- opment Contract. 4. This Agreement shall remain in effect and inure to the benefit and be bind i ing upon the successors and assigns of the parties until the 8 Maturity Date and shall not be affected by any damage to or destruction of the Improvements. 5. As provided in Minnesota Statutes, Section 273.76, Subdivision 8, nothing contained herein shall be deemed to limit the right of the Develop- er to challenge that part of any valuation on the market value which is in excess of the stipulated market value contained in this Agreement. _ __ _ .,, .. r...��. .r.. .. .r• rYiLJJI .IJIV 1 - 11V f.V4 /1:7 THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER By Its Commission Chairman By Its Executive Director BROOKDALE THREE LIMITED PARTNERSHIP By Ryan Properties, Inc., its General Partner sy Its STATE OF MINNESOTA ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1985, by and- , the Commission Chairman and Executive Director of the Housing and Redevelopment Authority in and for the City of Brooklyn Center_ Notary Public STATE OF MINNESOTA ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1985, by , the of Ryan Properties, Inc., the general partner of BROOXDALE THREE LIMITED PARTNERSHIP, a Minnesota limited partnership, on behalf of said partnership. Notary Public SCHEDULE A Prol ec t I Proper t,.► That part of Lot 1, Block 1, 8rookdale Corporate Center, Hennepin County, Minnesota, lying southerly of a line described as follows: Beginning at a point on the westerly line of said Lot, distant 263.19 feet northerly of the southwest corner; thence S 87 14 38" E to the easterly line of said Lot and there terminating. The said westerly line has an assumed bearing of N C" 52' 33" E. AND That part of Tract B, Registered Land Survey Number 1380; part of Outlot A, Brooklyn Center Industrial Park'Plat 1 and part of vacated Earle Brown Drive, as platted in Twin Cities Interchange Park, all in Hennepin County; Minnesota,- described as follows: Beginning at the southwest corner of said Tract s; thence on an assumed bearing of N 52' 33" E along r. g the westerly line of said Tract B, a distance of 323.62 feet, more or less, to a point distant 422.71 feet south from the northwest corner of said Tract B; thence S 87 14' 38" E, a distance of 221.28 feet, more or less, to its intersection wirii -I line bearing S 2 45' 22" W from a point on the north lir« of Otltlot 8, 8rookdale Corporate Center, distant 138.07 rept east of the northwest corner of said Outlot H; thence S 2 45' 22" W, a distance of 96.00 feet; Thence S 87° 14' 38•' F, a distance of 140.01 feet; thence S 1° 23' 22" W, a distance of 506.71 feet; thence S 69 52' .52" W, a distance of 87.05 feet to the northeasterly right of way line of Summit Drive; thence northwesterly along said right of way line and along the southwesterly lines of said Outlot A and said Tract H to the point of beginning. The above - described property will be Tracts A and H of the Proposed Regisrered Land Survey drawn by Suburban Engineering, Inc., dated December 1985, —fio r•uoiia r you CERTIFICATION BY ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon Which the Project is to be constructed, and being of the opinion that the minimum market value contained in the foregoing Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the above described property, hereby certifies that the market value assigned to such land and improve- - meats upon completion of the improvements to be constructed thereon shall not be less than the amounts contained in paragraph 1 of the attached Assessment Agreement until expiration of the Agreement. as provided in paragraph 4 thereof. Assessor City of Brooklyn Center STATE OF MINNESOTA ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1985, by the Assessor of the City of Brooklyn Center, Minnesota. Notary Public t Exhibit I DEFICIENCY AGREEMENT THIS AGREEMENT. made as of the day of , 1985, by and between THE HOUSING AND REDEMOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER, a Minnesota public body corporate and politic (HRA) and BROOKDALE THREE LIMITED PARTNERSHIP, a Minnesota limited partnership (Developer). WITNESSETH: WHEREAS, the Developer has on 1985, entered into an agreement entitled: Contract for Private Development (Agreement) with the BRA, the City of Brooklyn Center, a Minnesota municipal corporation (City), and Brookdale Corporate Center, a Limited Partnership, a Minnesota limited partnership, for the purpose of causing the redevelopment by the Developer of certain real property described in the Agreement and situated in the City of Brooklyn Center, County of Hennepin, and State of Minnesota (Property); and WHEREAS, the BRA has established the Earle Brown Farm Redevelopment District (Project Area) and established within such Project Area a redevel- opmeut tax increment district pursuant to Minnesota Statutes, Sec- tion 275.71, et. spec., which includes the Property; and WHEREAS, the Agreement requires the HRA and the City to use their best efforts to convey certain property within the Project Area to the Developer and requires the Developer to perform certain covenants and promises, and to construct certain improvements thereon (which improvements and Property are hereinafter referred to as the "Project ") all as more fully described r' "' " " "r.' r r "rr'r` rVILJVl JJIV 1 I7V I •VV/ IJ r - *. 1:7 l r In the Agreement and located on land described in the attached Schedule A; and WHEREAS, in order to provide the BRA with the funds necessary to construct Public Improvements and for other public costs within the Project Area, the City has issued its general obligation tax increment bonds (Bonds), which bonds mature February 1, 2003 (Maturity Date); and WHERFAS, the BRA and the City are unwilling to undertake said trans- actions unless the Developer guarantees its performance of certain cove- nants and promises as more fully described in the Agreement and as further set out below: NOV, TBEREFOFLr, in consideration of the premises and of One Dollar (41.00) and other good and valuable consideration in hand paid by the BRA to the Developer for the purpose of inducing the Authority to carry out the aforementioned transaction with the Developer, the Developer agrees as follows: 1. If the tax increment generated from the Project, payable with the real estate taxes due in any calendar year commencing in 1988 and ending on the Maturity Date or when the Bonds are otherwise defeased or paid, is less than the amount contained in Schedule B, the BRA shall notify Developer of the difference between the tax increment generated from the Property and such amount (Deficiency) and shall make written demand of developer for the payment thereof. Developer shall, within 30 days after receipt of written notice of demand from the ERA, pay to the BRA the Deficiency. 2. The foregoing obligation of the Developer to pay any Deficiency Is subject to the limitations contained in Section 6.1(04) of the Agreement. v.. v .. .v yr i.v.u7.�rn.�r. r �.�r�. 7p1WJI.lJIY 1 - 110 r•U0 /1.'1 1'�yOD r t 3. This Agreement to Pay Deficiencies shall be and remain the personal obligation of the Developer until (i) the Maturity Date or (ii) the Last date on which the tax increment will no longer be remitted to the HRA pursuant to Minnesota Statutes, Section 273.75, Subdivision I, or (iii) the date on which the Bonds are paid or defeased and shall not be affected by any damage to or destruction of the Project. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER BY Its Commission Chairman By Its Executive Director BROOKDALE THREE LIMITED PARTNERSHIP By Ryan Properties, Inc., its General Partner By Its —m,, a wnn 6n TOIL44JUZIY I - 110 I'•IU /IJ t STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1985, by and , the Commissiou Chairman and Executive Director of The Housing and Redevelopment Authority in and for the City of Brooklyn Center. Notary Public STATE OF MINNESOTA ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1985, by , the of Ryan Properties, Inc., the general partner of BROOKDALE THREE LIMITED PARTNERSHIP, a Minnesota limited partnership, on behalf of said partnership. Notary Public �r VV v� Iv wa I IVII 1161,1,601 11 11"1611 'rU1wJ17Jlu 110 r.11 /ID r - uiD SCHEDULE A Project I Property That part of Lot 1, Block 1, Brookdale Corporate Center, Hennepin County, Minnesota, lying southerly of a line described as follows: Beginning at a point on the westerly line of said Lot, distant 263.19 feet northerly of the southwest corner; thence S 87° 14' 38" E to the easterly line of said Lot and there terminating. The said westerly line has an assumed bearing of N 6 52' 33" E. AND That part of Tract B, Registered Land Survey Number 1380; part of Outlot A, Brooklyn Center Industrial Park Plat 1 and part of vacated Earle Brown Drive, as platted in Twin Cities Interchange Park, all in Hennepin County, Minnesota, described as follows: Beginning at the southwest corner of said Tract B; thence on an assumed bearing of N V 52' 33" E along the westerly line of said Tract B, a distance of 323.62 feet, more or less, to a point distant 422.71 feet south from the northwest corner of said Tract B; thence S 87 14' 38" E, a distance of 221.28 feet, more or less, to its - intersection with a line bearing S 2 45' 22" from a point on the north line of Outlot B, Brookdale Corporate Center, distant 138.07 feet east of the northwest corner of said Outlot B; thence S 2 45' 22" W, a distance of 96.00 feet; thence S 87 14' 38" E, a distance of 140.01 feet; thence S 1° 23' 22" W, a distance of 506.71 feet; thence S 69 52' 52" W, a distance of 87.05 feet to the northeasterly right of way line of Summit Drive; thence northwesterly along said right of way line and along the southwesterly lines of said Outlot A and said Tract B to the point of beginning. The above- described property will be Tracts A and H of the proposed Registered Land Survey drawn by Suburban Engineering, Inc., dated December 1985. w ,..., viw�a�iu i — iu r.�ciia r aoa Schedule B TAX INCREMENT LEVELS FOR THE YEARS COVERED AGREEMENT TO PAY DEFICIENCIES Year Tax Increment Level 1988 $110,325 1989 252,825 1990 252,825 1991 252,825 1992 252,825. 1993 252,825 1994 252,825 1995 252,825 1996 252,825 1997 252,825 1998 252,825 1999 252,825 2000 252,825 2001 252,825 2002 252,825 2003 252,825 . ... • --•••• •,•,..,, .YILJJI7JIY 1_110 r•1J /IJ r'-Oa;) Exhibit J CONCEPT PLAN (Drawings) The building lying south of Line A will have a top elevation stepped upward from east to west. The building shall have an exterior reflective glass skin. All exterior mechanical equipment for the building shall be located only on the west aide of the building, the roof, or both. Any landscaping of the Project Property shall be in harmony with a landscape plan for the boulevard and entry ways to be prepared by Westwood Planning & Engineering Company. A storm water holding pond and appurtenant facilities and public walkway shall be constructed on the Project II Property pursuant to Section 4A.6 of the Agreement. The portion of the land shown in the above drawings lying north of Line A relates to potential Project 11 development of the site. With respect to such future development, approval of this Concept Plan by the City and HRA is limited to the location and footprint size of the building, locations of curb cuts and access, and general location of off - street parking areas. This Concept Plan does not preclude the future construction of a parking ramp within the Project II parking area, but in approving this Concept Plan, the City and BRA do not specifically approve the construction of any such parking ramp. ua -uu -uu iu.aa n um - nrmwl % uRhyrn ToICJ31ydIU I N.14 /ib h EXHIBIT K THE HOFFMAN MEMORANDUM Prior to Brookdale or its successors and assigns commencing any construction with respect to Project II, it is understood and agreed that the square footage density of Project II must be resolved taking into consideration the trip generation rate during peak p.m. hours. The City /HRA have retained Short - Elliot Hendrickson Consultants (SEH) who have prepared a Memorandum for the City /HRA dated September 24, 1985, which outlines the maximum development under three options. Maximum development using a 1.9 office trip rate per 1,000' and assuming an elderly development would allow a maximum office development of 250,600 square feet for Project I and II. Using a 2.2 trip rate, the maximum development would be 159,500 square feet for Project I ana II. Brookdale has retained Barton- ASChman Associates, who have prepared a Memorandum using a trip generation in the of 1.5 trips per 1,000 square feet of office space which would demonstrate that Project I and II could support 400,000 square feet of office space. Prior to any such construction and as a part of the approval of the Improvements for Project II, the maximum size of the office - development in terms of square footage will be determined by the City /HRA and Brookdale, taking into consideration actual trip site generation numbers in the area by study rather than projected site generation numbers. In connection with such study, the following shall be applicable: (a) Total trip generation during "peak p.m. hours will not exceed 3,200 trips in T.A.Z. 13, 14, 15, 17 and 18 as defined in SEH's study report dated May 6, 1985. (b) Subject to the total trip generation requirement of 3,200 trips during peak hours, the City /HRA will attempt to maximize Project II office development to include p.m. peak hour trip generations reserved for but not used on the Earle Brown Farm and the residential development per SEH study report of May 6, 1985. Upon mutual approval of such study, Brookdale and the City /HRA shall agree upon the maximum square footage office density for Project Ii. Such agreement shall 'not relieve Brookdale from compliance with the other terms and provisions of the Agreement relative to construction of the Improvements on Project II. '." -- .v ..r•.... � ....n ..ri.ii�i., � ri.rrrr�� TYILJJI .lJ1Y 1 - 1IY f IJ/ IJ f — .lJil r •\ I 9 w ap • • �• / il�' � I 1 •V 1 � .� �!1 +t� � a •` L3 - , Ul l- rl ...� / it a . •.'lal� •.: / W 's ��� ' !^'i .•cam � � ` i� • . I