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HomeMy WebLinkAbout2000 10-23 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION October 23, 2000 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions _ 2. Discuss date for City Manager's annual review Regular Agenda Item: 101 3. Miscellaneous 4. Adjourn ., . PUBLIC COPY CITY COUNCIL MEETING • City of Brooklyn Center October 23, 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. October 9, 2000 - Study Session 2. October 9, 2000 - Regular Session 3. October 16, 2000 - General Work Session b. Licenses C. Proclamation Declaring October 22 -28, 2000, as World Population Awareness Week -This item was tabled at the October 9, 2000, meeting. d. Resolution Accepting Work and Authorizing Final Payment, Improvement Project No. 1999 -20, Contract 99 -L, Azelia Avenue Improvements • e. Resolution Providing for the Competitive Negotiated Sale of $735,000 General Obligation Improvement Bonds, Series 2000A CITY COUNCIL AGENDA -2- October 23, 2000 • 7. Random Acts of Kindness - 8. Public Hearing a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Building Setbacks Along Major Thoroughfares -This item was first read on September 25, 2000; published in the official newspaper on October 4, 2000; and is offered this evening for a second reading and public hearing. -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 9. Planning Commission Item a. Planning Commission Application No. 2000 -022 Submitted by Mid Continent • Management Corporation on Behalf of The Owner, Commers- Clover II, LLP. Request for Site and Building Plan Approval to construct an 11 Stall Garage at 6331, 6401 and 6425 Beard Avenue North. The Planning Commission Recommended Approval of This Application at its October 12, 2000, Meeting -Requested Council Action: - Motion to approve Planning Commission Application No. 2000 -022 subject to the conditions recommended by the Planning Commission. 10. Council Consideration Items a. Resolutions Recognizing and Expressing Appreciation 1. Resolution Expressing Appreciation for the Gift of the Brooklyn Center Lions Club in Support of Our Annual Halloween Party -Requested Council Action: - Motion to adopt resolution. 2. Resolution Recognizing Leonard Lindquist -Requested Council Action: - Motion to adopt resolution. b. Resolution Adopting Goals for 2001 -Requested Council Action: - Motion to adopt resolution. i • CITY COUNCIL AGENDA -3- October 23, 2000 • C. An Ordinance Amending Chapter 12 of the City Ordinances Regarding Compliance Order -Requested Council Action: - Motion to approve first reading of ordinance and set second reading and public hearing for November 27, 2000. d. Resolution Electing to Continue Participating in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act -Requested Council Action: - Motion to adopt resolution. e. Resolution Authorizing Execution of a Traffic Control Signal Agreement with Mn/DOT and Hennepin County for the Replacement of Traffic Signals on Brooklyn Boulevard at the Trunk Highway No. 94 South and North Ramps, Improvement Project No. 1999 -04, Brooklyn Boulevard Reconstruction, 64th to 71 st -Requested Council Action: • - Motion to adopt resolution. f. Recommendation from Park and Recreation Commission Regarding Interstate 694 Storm Water Ponding -Requested Council Action: - Direction on Preferred Storm Water Pond Location g. Status of 2000 Council Goals "Requested Council Action: None, report only. h. An Ordinance Amending the Water and Sanitary Sewer Hookup Charge Policy -Requested Council Action: - Motion to approve first reading of ordinance and set second reading and public hearing for November 27, 2000. i. City Manager's Annual Review -Requested Council Action: - Motion to set annual review. 11. Adjournment • City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA • STUDY SESSION OCTOBER 9, 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 and the Council discussed agenda item 91, Report on Status of Enforcement of December 1985 Agreement Lot 1, Block 1, Brooklyn Farm Subdivision. • Council discussed tabling agenda item 9d, Proclamation Declaring October 22 Through October 28, 2000, as World Population Awareness Week, until the October 23, 2000, meeting so that the language can be amended. It was the consensus of the Council to table this item to the October 23, 2000, meeting. Council discussed City Council agenda items 9h, 9j, and EDA agenda item 4b (2). REVIEW OF DRAFT 2001 CITY COUNCIL GOALS AND COUNCIL RETREAT Mr. McCauley asked the Council if they had any changes to the draft City Council Goals provided in the materials. If there were no changes, this item will be placed on the October 23, 2000, agenda. Council discussed, and the only thing that the they would like to see changed would be the format for next year to not break into smaller groups. Mr. McCauley will pass this on to Carl Neu for future retreats. COUNCILMEMBER NELSON: CABLE COMMISSION REVIEW OF UNDER GROUNDING Councilmember Nelson reported on the Cable Commission's review of under grounding utilities. • 10/09/00 -1- DRAFT NORTH METRO MAYORS LEGISLATIVE AGENDA WORKSHEET There was no discussion on this item. FORMAT AND TIMING OF CITY ER' e MANAG S ANNUAL REVIEW Mr. McCauley requested direction from the Council on the City Manager's annual review. It was the consensus of the Council that the same format used last year would be adequate. Mr. McCauley will check on a few dates for the annual review and the Council would set the date and time. MISCELLANEOUS No items were discussed. ADJOURNMENT The study session continued into informal open forum at 6:45 p.m. City Clerk Mayor • • 10/09/00 -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 OCTOBER 9, 2000 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met for study session at 6:00 p.m. and continued in informal open forum 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. • No one was present at the informal open forum. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded Councilmember Hilstrom to adjourn informal open forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION Father Th6 Pham, St. Alphonsus Church, offered the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:05 p.m. • 10/09/00 -1- DRAFT 4. a. 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. b. FLAG CEREMONY Boy Scout Troop #401 performed a flag ceremony. 5. COUNCIL REPORT Councilmember Nelson reported that a ribbon cutting ceremony for Twin Lakes II was on October 3, 2000, a program for Together for Kids will be held at the library on October 17, 2000, from 7:00 to 8:30 p.m., and that on Wednesday, October 12, there will be a meeting on the Highway 100 Project at 6:30 p.m. in Constitution Hall. 6. APPEARANCES Executive Director John Connelly, Minneapolis Metro North Convention & Visitors Bureau, reported that they are on track with the 2000 goals and budget. Mr. Connelly shared with the Council that with Medtronic opening soon in Brooklyn Center, they are hoping to see additional • growth in lodging and meeting revenues. Mayor Kragness commended Mr. Connelly and the organization for all the hard work done and the new advertising materials. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Council Consideration Item 9d, Proclamation Declaring October 22 Through October 28, 2000, as World Population Awareness Week, will be removed from the agenda and tabled to the October 23, 2000, agenda. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the agenda and consent agenda as amended. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes from the September 25, 2000, study and regular sessions. Motion passed unanimously. 10/09/00 -2- DRAFT • • 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. MECHANICAL Fireworks Fireplace Installation 253 Horizon Avenue, Sartell Sharp Heating and Air 4854 Central Avenue NE, Columbia Heights RENTAL Renewal: 5137 -39 France Avenue North Randall Tyson 6809 Fremont Place North Terry Hartmann 5400 Sailor Lane Duane Christiansen Twin Lake North Apartments Lang Nelson Associates Initial: 5233 Drew Avenue North James Bagwell SIGN HANGER Crosstown Sign Inc. 10166 Central Avenue NE, Minneapolis Electro Neon and Design Inc. 1680 99th Lane NE, Blaine 7c. APPOINT ADDITIONAL ELECTION JUDGES TO SERVE IN THE GENERAL ELECTION A motion by Councilmember Lasman, seconded by Councilmember Nelson to appoint Jean Carlson, Terri Sibben, and Luverne Toll as election judges for the General Election on November 7, 2000. Motion passed unanimously. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2000 -164 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. • 10/09/00 -3- DRAFT 8. PUBLIC HEARING • 8a. RESOLUTION APPROVING A LEVY CERTIFICATION TAX RATE INCREASE City Manager Michael McCauley discussed that this public hearing and resolution adoption is required before a levy certification tax rate increase is allowed. The State had a concern over past claims by some cities that they made no increase in property tax rates. This happened even though cities certified an increase in the dollars levied as property tax, but the tax base grew enough that the tax rate did not increase. There is a complicated calculation required in which the County computes what the tax revenue would be if there were no increase in tax base and compares that to the preliminary tax levy. Any increase shown by this calculation requires the City to hold a public hearing and pass a resolution acknowledging that the preliminary tax levy represents a tax increase. A motion by Councilmember Peppe, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed una irnously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2000-165 . Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING A LEVY CERTIFICATION TAX RATE INCREASE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION RECOGNIZING BROOKLYN CENTER LIONS CLUB Mayor Kragness read the resolution recognizing the Brooklyn Center Lions Club for their 46 years of dedicated service to the Brooklyn Center Community. 10/09/00 -4- DRAFT • RESOLUTION NO. 2000 -166 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9b. RESOLUTION EXPRESSING RECOGNITION OF JOHN MASTLEY'S EAGLE SCOUT LANDSCAPING PROJECT AT EUGENE H. HAGEL ARBORETUM Public Works Director Diane Spector shared pictures of the landscaping project that John Mastley completed at the Eugene H. Hagel Arboretum. Mr. Mastley directed a project which included building a modular block retaining wall which was designed to eliminate erosion and stabilize a bank sloping to the pond. The result of this project will provide a long term impact as it resolves some of the erosion control problems at the Arboretum. Councilmember Hilstrom read the resolution recognizing John Mastleys' Eagle Scout project. RESOLUTION NO. 2000-167 • Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF JOHN MASTLEY'S EAGLE SCOUT LANDSCAPING PROJECT AT EUGENE H. HAGEL ARBORETUM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. C. PROCLAMATION DECLARING OCTOBER TO BE VIOLENCE PREVENTION MONTH AND OCTOBER 12, 2000, TO BE TURN OFF THE VIOLENCE DAY A motion by Councilmember Nelson, seconded by Councilmember Lasman to adopt proclamation declaring October to be Violence Prevention Month and October 12, 2000, to be Turn off the Violence Day. Motion passed unanimously. Councilmember Nelson read the proclamation. • 10/09/00 -5- DRAFT 9d. PROCLAMATION DECLARING OCTOBER 22 THROUGH OCTOBER 28, • 2000, AS WORLD POPULATION AWARENESS WEEK This item was removed from the agenda and tabled to the October 23, 2000, City Council agenda. 9e. PROCLAMATION DECLARING OCTOBER 16 -20, 2000, NATIONAL BUSINESS WOMEN'S WEEK A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to adopt Proclamation Declaring October 16 -20, 2000, National Business Women's Week. Motion passed unanimously. Councilmember Lasman read the proclamation. 9f. REPORT ON SEH FRANCE AVENUE STUDY Mr. McCauley reported that SEH met with residents on August 29, 2000, to receive comments and concerns regarding the routing of France Avenue after Highway 100 construction and that they had been working on collecting data to respond to 77 questions and comments. The original plan was to meet with residents at the end of September; however, due to the time required to collect data, the follow -up meeting with residents had been scheduled for October 11, 2000. After the meeting with residents SEH will make a formal presentation to the City Council of the results at the October 23, 2000, or November 13, 2000, City Council meeting. Following the formal presentation the recommendation will be placed on a subsequent City Council agenda for City Council action and • direction on the project. 9g. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO AMUSEMENT DEVICES Mr. McCauley discussed there had been some legal challenge to the fee for amusement vendors license and this ordinance amendment would eliminate the amusement vendors license entirely. There are currently seven amusement vendors in the City which contributes to $1050 in revenues for amusement vendors license fees. However, the cost of legal expenses would exceed the $1050 for criminal prosecution or for defense of a civil suit. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve first reading of ordinance and set second reading and public hearing for November 13, 2000. Motion passed unanimously. 10/09/00 -6- DRAFT • 9h. RESOLUTION AUTHORIZING EXECUTION OF A CONSTRUCTION AGREEMENT WITH HENNEPIN COUNTY FOR THE RECONSTRUCTION OF BROOKLYN BOULEVARD, IMPROVEMENT PROJECT NO. 1999-04, BROOKLYN BOULEVARD RECONSTRUCTION, 64TH TO 71ST, AND IMPROVEMENT PROJECT NO. 1999-16, BROOKLYN BOULEVARD ENHANCEMENTS, 64TH TO NORTH CITY LIMITS, AND MAKING APPROPRIATIONS Public Works Director Diane Spector discussed that this resolution would authorize a construction agreement with Hennepin County for the Brooklyn Boulevard roadway and Phase II of the Brooklyn Boulevard enhancements projects. The Phase II enhancements are those that were most cost - effectively completed with the roadway project which included the colored concrete edge strips and radiuses, and the installation of the decorative street lights and bases. This agreement does not include the Phase I or Phase III enhancements. Councilmember Hilstrom asked about the building demolition. Ms. Spector informed the Council that the demolition is the County's responsibility and that she believes the demolition will be done by the end of the year. RESOLUTION NO. 2000-168 Councilmember Hilstrom introduced the following resolution and moved its adoption: • RESOLUTION AUTHORIZING EXECUTION OF A CONSTRUCTION AGREEMENT WITH HENNEPIN COUNTY FOR THE RECONSTRUCTION OF BROOKLYN BOULEVARD, IMPROVEMENT PROJECT NO. 1999 -04, BROOKLYN BOULEVARD RECONSTRUCTION, 64TH TO 71 ST, AND IMPROVEMENT PROJECT NO. 1999 -16, BROOKLYN BOULEVARD ENHANCEMENTS, 64TH TO NORTH CITY LIMITS, AND MAKING APPROPRIATIONS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9i. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MN/DOT AND HENNEPIN COUNTY FOR CONSTRUCTION ENGINEERING AND CONTRACT MANAGEMENT FOR THE RECONSTRUCTION OF BROOKLYN BOULEVARD, IMPROVEMENT PROJECT NO. 1999-04, BROOKLYN BOULEVARD RECONSTRUCTION, 64TH TO 71ST, AND MAKING AN APPROPRIATION Mr. McCauley discussed this agreement would allow the Brooklyn Boulevard roadway improvements and enhancements to move forward. • 10/09/00 -7- DRAFT RESOLUTION NO. 2000-169 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MN/DOT AND HENNEPIN COUNTY FOR CONSTRUCTION ENGINEERING AND CONTRACT MANAGEMENT FOR THE RECONSTRUCTION OF BROOKLYN BOULEVARD, IMPROVEMENT PROJECT NO. 1999 -04, BROOKLYN BOULEVARD RECONSTRUCTION, 64TH TO 71 ST, AND MAKING AN APPROPRIATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9j. STAFF REPORT RE: GRANT APPLICATION FOR A NEW GRANDVIEW PARK SHELTER BUILDING Mr. McCauley reported that a grant application has been prepared for the construction of a larger than typical shelter building to be designated as the Youth Activities Center at Grandview Park. The Youth Activities Center is intended to provide multi- purpose space for after school and other events and programming. The grant request is for $100,000 to supplement the $200,000 included in the draft CIP for the Grandview building. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to approve the grant application. Motion passed unanimously. 9k. RESOLUTION APPROVING YEAR 2000 LABOR AGREEMENT BETWEEN CITY OF BROOKLYN CENTER AND TEAMSTERS LOCAL NO. 320 Mr. McCauley discussed this resolution would approve the Year 2000 Labor Agreement between the City of Brooklyn Center and Teamsters Local No. 320. An interest arbitration award was made on August 28, 2000. RESOLUTION NO. 2000-170 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING YEAR 2000 LABOR AGREEMENT BETWEEN CITY OF BROOKLYN CENTER AND TEAMSTERS LOCAL NO. 320 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 10/09/00 -8- DRAFT • 91. REPORT ON STATUS OF ENFORCEMENT OF DECEMBER 1985 S AGREEMENT LOT 1, BLOCK 1, BROOKLYN FARM SUBDIVISION Mr. McCauley reported that no enforcement action has been taken on the December 1985 Agreement of Lot 1, Block 1, Brooklyn Farm Subdivision. There has been discussions with the owner of the property and a possible acquisition may come before the City Council at the October 23, 2000, City Council meeting. 10. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to adjourn the City Council meeting at 7:50 p.m. Motion passed unanimously. City Clerk Mayor • 10/09/00 -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 GENERAL WORK SESSION OCTOBER 16, 2000 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met for a general work session 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, Public Works Director Diane Spector, and Deputy City Clerk Maria Rosenbaum. PRELIMINARY DISCUSSION OF UTILITY RATE STUDY City Manager Michael McCauley discussed this item was on the agenda for a preliminary discussion and that the scheduled meeting of November 20, 2000, will be to continue further discussions on the utility rate study which has had greater than expected costs of utility replacements in the • neighborhood street projects and has impacted the projected fund balances. Council discussed the increased residential utility charges in the draft rate study. Public Works Director Diane Spector informed the Council that the projected effect of increases in rates for 2001 and subsequent years, with the exception of the periodic painting of water towers and the possible need for a water treatment facility in the future, that most of the capital outlays in water utility will be main replacements associated with neighborhood street improvements and other infrastructure repair. Council discussed the possible need for a water treatment plant. GOLF COURSE 2001 DRAFT BUDGET Mr. McCauley discussed the draft budget meets the financial plan for the golf course and its repayment of the construction loan principle. If operations continue on course, the golf course will reach its cash balance targets and increased loan payments may be possible in 2002. EARLE BROWN HERITAGE CENTER PRELIMINARY 2001 BUDGET Mr. McCauley discussed that as of the end of August, the preliminary budget for the Earle Brown Heritage Center (EBHC) is on course and that the preliminary budget remains to be balanced on the • capital expenditure side which will occur over the next month. 10/16/00 -1- DRAFT Council discussed the preliminary 2001 budget that projects an increase in revenue over year 2000 of 4.85 percent and $1 Million of business that is already booked for 2001, the possible change in rooms at the Inn for meeting space, the catering increase, the marketing being used, and the future use of the land on Lot 1, Block 1, Brooklyn Farm Subdivision. • LIQUOR STORES DRAFT 2001 BUDGET Mr. McCauley discussed the liquor store budget is based on conservative estimates of revenues and that the budget meets transfer requirements. Staff is still waiting to see the operating results during the holiday season at the new store and the longer term impacts on the Northbrook store. Mr: McCauley indicated that so far sales levels at the Northbrook store have not been impacted as much as anticipated. The budget may need to be revised in December if numbers upward in results. Assistant City Manager Jane Chambers informed the Council that employment at the liquor stores has improved since the new store opened and that the inventory continues to be an issue. MISCELLANEOUS Mr. McCauley informed the Council that the Candidates Forum was canceled for October 18, 2000. Mayor Kragness discussed that Mike Opat would like to schedule a meeting regarding water problems at Shingle Creek and Twin Lakes with her. Council discussed what is happening at Brookdale. Mayor Kragness informed the Council that she had a conversation with Ms. Paulson regarding the demolition and that once the work starts there . will be peepholes for people to watch what is happening over the course of construction. Council discussed the North Metro Mayors budget, the rewording of the proclamation tabled from the October 9, 2000, City Council meeting, and the meeting that was held on October 11, 2000, with SEH regarding the France Avenue Study. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the meeting at 7:29 p.m. City Clerk Mayor e 10/16/00 -2- DRAFT City Council Agenda Item No. 6b City of Brooklyn Center • A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: October 18, 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 October 23, 2000. AMUSEMENT DEVICE - OPERATOR Regal Cinemas Inc. 5420 Camden Avenue North MECHANICAL One Way Building Services, Inc. 5250 West 74th Street, Edina RENTAL Renewal: 3218 63rd Avenue North Eugene Hess Initial: 5445 Lyndale Avenue North Kent Bauer SIGN HANGER Twin Cities Sign Images, Inc. 17201 113th AvenueNorth, Osseo • 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City Council Agenda Item No. 6c i PROCLAMATION • DECLARING RING OCTOBER 22 28, 2000, AS WORLD POPULATION AWARENESS WEEK WHEREAS, world population today exceeds 6 billion and continues to increase by 1 billion every 13 years; and WHEREAS, the environmental, economic, and social consequences of rapid population growth are not limited to the developing world but extend to all nations and to all people; and WHEREAS, 1.5 billion people live on less than one dollar a day, 790 million go to bed hungry every night, and a disproportionately large share of the poorest of the poor and the malnourished are girls and women; and WHEREAS, in developing countries two -thirds of the 130 million children not attending school are girls; and WHEREAS, with each passing minute a women somewhere on Earth dies from pregnancy or childbirth complications, a_total of 600,000 every year; and WHEREAS, in addition to deaths, each year at least 7 million women are estimated to suffer serious effects and as many as 50 million women suffer some health consequences resulting from childbirth; and WHEREAS, 350 million married women in developing countries still lack access to information, education, and the means to obtain a range of modern family planning methods; and WHEREAS, the theme of World Population Awareness Week this year is "Saving Women's Lives ". NOW, THEREFORE, 1, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the week of October 22 -28, 2000, as World Population Awareness Week and urge all citizens of our state to take cognizance of this event and to participate appropriately in its observance. Date Mayor Attest: City Clerk • THE POPULATION INSTITUTE 107 Second Street, N.E. September 22, 2000 Washington, DC 20002 (202) 544 -3300 Fax (202) 544 -0068 OFFICERS AND DIRECTORS The Honorable Myrna Kragness PRESIDENT Office of the Mayor Werner Fomos 6301 Shingle Creek Pkwy. Suzanne Kellerman, Chair Brooklyn Center MN 55430 Marilyn Hempel, Vice Chair Jy Singh, Secretary Dear Mayor Kragness: Joyce W. . Cramer, Treasurer Victor Morgan, Member At Large Jack Brandenburg For the past 16 years, The Population Insitute has sponsored World Population H.E. Anwarul Chowdhury Awareness Week (WPAW) in an effort to stimulate awareness about. population Betty Cogswell, PhD. Donald Collins stabilization and the prevention of unintended pregnancies. Recognition of Van Crawford WPAW is espe—ciplly important this yep* be —mime there are 350 mt`i lnon Evo�nen in Epstein James Fri the world who still lack the education on and access to the modem family Robert Gillespie planning methods we so oftc_ take for granted in this country. The majority of Jean Greene Bruce Halliday M.D. these women live in the poorest countries of the world where over 97 percent of Ma Russell He He mpel the world's growth is occurring and over 1.3 billion people live in absolute ilyn Joel Johnson poverty— surviving on less than one dollar a day. Because your position as Walter Kohn, PhD. y p rovides ma or ou with high visibili and influence, I ask that y ou reco gnize William N. Leonard, PhD. y g y Winford (Buck) Lindsay the importance of these issues by proclaiming WPAW for October 22 -28, 2000. Gayl D. Ness, PhD. Patricia Nielsen Nathan Schafer This year's WPAW is dedicated to "Saving Women's Lives" in recognition of the • Rodney Shaw p Hon. Paul Simon more than 600,000 000 women who die each y ear because of compl from Lindy Williams, PhD. pregnancy and abortion. The lack of education and funding for effective family Donald C. Wilson planning methods leads to 75 million pregnancies each year, out of a total of 130 ❑ million, that are unwanted and result in 45 million abortions and more than 18 million live births. Therefore, providing voluntary family planning methods PUBLIC POLICY ADVISORY reduces the need for and number of abortions. COMMITTEE Bettye Ward Chair The women we are writing on behalf of are often unemployed warped by the Hon. Thomas Allen � Hon. Chet Atkins conditions of poverty, and are unable to access safe and professional medical Hon. Barbara Boxer Dorothy Cullman care during pregnancy. These conditions are unacceptable in the United States. Kimball Faulkner Therefore, your proclamation of WPAW will send the message that you are Hon. Edward F. F n Hon. Elizabeth th Fur se dedicated to "Saving Women's Lives" and helping in the campaign to bring ur Hon. Sam Gejdenson awareness and education to these important issues Hon. William H. Gray III Hon. Bill Green Hon. Luis Gutierrez Last year, 242 mayors proclaimed WPAW. This year, our goal is to increase this Hon. Henry L. Kime Leach number of p roclamations so that we can demonstrate the so lidar i t y of the United Hon. Jim Leach l� •J Hon. Ronald Machtley States in this global challenge of "Saving Women's Lives." If you should need Mon. Jim any further information or would like to discuss ways to become involved in R. Anjum Niaz WPAW, do not hesitate to contact our Public Policy Assistant, Summer Coish, at Hon. John E. Porter Dr. Glen T. Seaborg (202) 544 -3300 extension 120. Please send your proclamation to our office when Russell E. Train it is completed. Ted Turner Dr. James D. Watson Sincerely, • Werner Fomos President printed on recycled paper. E- mail: web@populationinstitute.org Website: httpV /www.populationinstitute.org WORLD POPULATION FACTS Overview Poverty and Social Disintegration • The world's population surpassed 6 billion in • 1.3 billion people live in absolute poverty — surviving October, 1999. on less than $1 per day — with roughly 600 million people homeless or without adequate shelter. • Last year world population grew by nearly 80 million. Of this growth, 97 percent occurred in the poorest • 85 countries are unable to grow or purchase enough parts of the world. food to feed their populations — 840 million people are malnourished. • Because of the failure to come to grips with the problem of rapid population growth in previous • The African sub - continent is the fastest growing years, three billion young people, equal to the whole region in the world with the highest fertility rates, population of the world as short a time ago as 1960, doubling its population in 25 years. will enter their reproductive years in the next generation. Economy • By no later than the year 2025, the combined Unemployment in many countries of the developing population of Asia and Africa will be 6.5 billion, world is 30 percent or higher. 120 million people are significantly more people than now live on the entire actively looking for work; 700 million are classified as planet. underemployed — working long hours, often at back- breaking jobs that fail to even come close to meeting • 300 million women want and need family planning their needs. but lack either information or means to obtain it. • In 1950, only one city in the developing world had a population greater than 5 million; by the year 2000, Health there will be 46 such cities. • One billion people have no access to health care. • The total worldwide annual cost of better reproductive health care is about $17 billion — less • Eight million infants under age one will die this year than one week of the world's expenditure on — 22,000 each day — many because their mother did armaments. not know how to allow appropriate intervals between pregnancies. Environment • More than 600,000 women die every year because 600,000 square miles of forest were cut down in the of complications from pregnancy and abortion, many last decade. because of unwanted pregnancies that could have been avoided through family planning. • 26 billion tons of arable topsoil vanish from the world's cropland every year. • 2.3 billion people live without adequate sanitation. • Global climate change is disrupting weather • At least 75 million pregnancies each year (out of a patterns; causing more severe droughts and total of 130 million) are unwanted. They result in 45 flooding, and increased threat to human health. million abortions and more than 18 million live births. • The number of rural women living in poverty in • There are an estimated 333 million new cases of developing countries has increased by almost 50 sexually transmitted diseases (STDs) each year. percent over the last 20 years, to an awesome 565 Worldwide, the disease burden of STDs in women is million. more than five times that of men. . • At least 1.5 billion people — nearly one - quarter of the world's population — lack an adequate supply of drinking water. W*P*A*W WORLD POPULA TION A WARENE55 WEEK October 22 -28, 2000 • » " Sav i ng Women Lives In the developing world the complications of pregnancy kill more than 600,000 women a year. That is one woman every single minute because so many lack the most basic health care. One woman in nine will die in pregnancy or childbirth in Niger and Rwanda, whereas only one in 7,300 will die in Norway and one in 3,500 in the United States. These same women are also less likely to have access to, or use modem contraception that could prevent the pregnancies that are killing them. Access to family planning and education are the two most important determinants of the well being of mothers and their children. The Population Institute is dedicating World Population Awareness Week to the issues of " Saving Women's Lives." This year will be the 16th annual observance of WPAW. We • ''" encourage all community leaders N , ;: 4� reg�rXiriy and organizations to participate in this y ear's World Population Awareness Week by urging your -:etstat�fa mayors, governors and other elected .: a►z�i�?ri officials to proclaim the week. A sample proclamation is enclosed. If you need any assistance with WPAW, ' please contact Angela ' Taliaferro, WPAW Coordinator at: 1- 800 - 787 -0038 202 -544 -3300 extension 113 if you are calling s internationally, or e-mail ataliaferro @populationinstitute.org. 4�•iif. .. .1 <., Thank you for your support. 'icture from World Health organization web site ittp:/ /www.who.int/rhthnsni/world health day.htm • The Population Institute 107 Second Street, NE • Washington, DC 20002 Phone: 202/544 -3300 • Fax: 202/544-0068 • E -mail: ataliaferro��DOnulationinstitute .ore http : / /www.populationinstitute.org THE POPULATION , INSTITUTE WORLD POPULATION AWARENESS WEEK • OUR PURPOSE W ♦ P ♦ A ♦ W The Population Institute is the World's largest independent, non - profit, educational organization dedicated exclusively to What is World Population Awareness Week achieving a more equitable balance between the world's (WPAW)z population, environment and resources. Established in 1969, WPAW is an intense educational campaign designed to the Institute, with members in 172 countries, is headquartered on Capitol Hill in Washington, DC. create public awareness about the startling trends in world population ub growth, the detrimental effects they have on our PROGRAMS planet and its inhabitants, and the urgent need for action in order to change this situation. We are striving to create a The Population Institute uses a variety of resources and world community concerned with bringing the world's programs to bring its concerns about the consequences of rapid population into balance with its resources and environment: population growth to the forefront of the national agenda. They include: Curbing population growth rates not only rests on private individual decisions about family size, but also on the ♦ Community Leaders Network: network of educational techniques, economic institutions, P.I. actively recruits volunteers to speak out on population and political rules influencing these individual decisions. In issues at local and national levels. Today, 100,000+ strong, it is a sense, we all make policy. If we decide not to concern the only network of its kind in the international population field. ourselves with population policy, we are choosing to support Augmenting the U.S. leadership group we have an international the existing demographic patterns. network of leaders in 172 countries. W.P.A.W. HISTORY ♦ Public Policy: The Population Institute first conceived W.P.A.W. in 1985 Shoring up congressional support for passage on legislation for as a means of alerting the public to the startling trends in an increase in international population assistance and program world population growth and the need for immediate action. effectiveness. Internationally, we work with the United Nations The idea is one that continues to motivate growing numbers • and foreign governments. of supporters. In 1989, just four years after its inception, WPAW branched far beyond the borders of the US to be ♦ Educate America Campaign observed internationally. Through lectures and discussions at colleges and universities and before service and community organizations, as well as 1999 25 Governors, and 242 Mayors issued official through the electronic and print media, this campaign seeks to proclamations. In addition 296 organizations from 53 inform a public that will encourage its leaders to move forward countries co- sponsored the week and organized events with the projects and programs necessary to ensure global globally. Our goal is to surpass all previous figures and population stabilization at the earliest possible date. gather even more support. ♦ Future Leaders of the World YOU CAN MAKE A DIFFERENCE ... This program provides young people with the opportunity to Your participation is crucial to the success of WPAW 2000. work as staff assistants at the P.I. for six -month tenures, Please join our efforts to inform educators, students, and them for professional life while instilling community leaders of the environmental and social Prep p g in them a consequences of rapid population growth by observing commitment to this critical issue. World Population Awareness Week (WPAW) 2000, "Saving Women's Lives." *Media Relations The P.I. works with print and broadcast journalists world -wide Communicate to your audience that world population to create public awareness about global population issues. actually should be some -cause for optimism because it is one, Timely, factual data is provided to more than 5,000 editors and social issue that we really can do something about. The reporters world wide. The P.I. also presents its Global Media world has all the necessary tools to bring population growth Awards annually for the world's best reporting on population into a more stable pattern. In this sense, world population maw growth is not so much a problem as it is a challenge. We hope that you face this challenge and join in our efforts to ♦ POPLINE create awareness about the population issue among citizens, i P.I. publishes this bimonthly newspaper with a circulation of professionals, and policy makers around the world. over 65,000. World's largest newspaper dealing exclusively with global population concerns and is distributed to members of Congress, population activists, 2100 daily newspapers around the world, and correspondents in 160 countries. • City Council Agenda Item No. 6d MEMORANDUM DATE: September 20, 2000 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer' � SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1999 -20, Contract 1999 -L, Azelia Avenue Improvements On August 23, 1999, the City Council awarded a contract to Thomas and Sons for street improvements to Azelia Avenue. All contract work by Thomas and Sons has been completed to the City's satisfaction. The final contract amount of $86,853.75 is $5,383.30 over the original contract amount of $81,470.45. The approximately 6.6% difference is due to additional cost for driveway replacement. • It is recommended to approve the attached resolution authorizing final payment to Thomas and Sons in accordance with a final contract amount of $86,853.75. Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -20, CONTRACT 1999 -L, AZELIA AVENUE IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Thomas and Sons has satisfactorily completed the following improvement in accordance with said contract: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $86,853.75. 2. The work completed under said contract is accepted and approved according to the following schedule: Costs I Per Bid I Final • Construction $81,470.45 $86,853.75 Contingency /Change Orders 0 0 Subtotal Construction $81,470.45 $86,853.75 Engineering 3,000.00 6 Legal /Admin/Bond cost 0 3,034.42 Total Costs I $84,470.45 I $96,206.55 I Revenues I Per Bid I Final Street Assessments 81,470.45 $81,470.45 Special Assessment Constr. 0 5,167.77 Sanitary Sewer Utility Fund 3,000.00 9,568.33 Total Revenues I $84,470.45 I $96,206.55 • 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. 6e Member introduced the following resolution and moved its adoption: RESOLUTION NO. i RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $735,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2000A WHEREAS, the City Council of the City of Brooklyn Center, Minnesota, has heretofore determined that it is necessary and expedient to issue its $735,000 General Obligation Improvement Bonds, Series 2000A (the 'Bonds ") to finance various improvements in the City; and WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ( "Springsted "), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Mit sota, as follows: i. Authorization: Findings. The City Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. ii. Meeting: Bid Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the i purpose of considering sealed bids for, and awarding the sale of, the Bonds. The Manager, or his designee, shall open bids at the time and place specified in such Terms of Proposal. iii. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A are hereby approved and made a part hereof. iv. Official Statement. In connection with said competitive negotiated sale, the Manager and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member • and upon vote being taken thereon, the followin g voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Sent by: BRIGGS MORGAN ST PAUL 651 223 6450; 10/19/00 11:26; #906; Page 2/9 2200 FIRST NATIONAL BANK BUILDING 332 MINNESOTA STREET SAINT I'AtJL. MINNESOTA 5-5101 ]BRIGGS -k" MORGAN TELEPI)ONE(651)223 -6600 fACNIMILE (651) 223 -6150 PROFESSIONAL ASSOCIATION WRITERS DIRPCT DIAL (651) 223 -6625 WRITER'S F. -MAIL October 19, 2000 - WRITER'S VIA FACSIMILE NO. 763 -569 -3494 Mr. Charlie Hansen Finance Director City of Brooklyn Center 6301 Shingle, (.reek Pa ay Brooklyn Center, MN 55430 Re: City of Brooklyn Center -, Minnesota - S735,000 General Obligation Improvement Bonds, Series 2000A Dear Charlie: Enclosed is a copy of the Resolution Providing for the Competitive Negotiated Sale for the above referenced issue for consideration at your meeting on Monday, October 23, 2000. I have provided Carol Swanson at Springsted Incorporated with multiple execution copies of the Resolution. If you have any questions, please give me a call. Very truly ours, MMD:mw Mary M. Dyrseth Enc. • cc: Ms. Carol Swanson Ms. Maria Rosenbaum (via facsimile w /enc.) 906166.34 MINNEAPOLIS OFFICE - IDS CENTER ■ WWWBRIGCS.COM MEMBER — LEX MUND). A GLOBAL ASSOCIATION OF INDEPENDENT LAW FIRMS Sent by: BRIGGS MORGAN ST PAUL 651 223 6450; 10/19/00 11:27; #906; Page 5/9 e. . • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting ot'theTCity Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City's $735,000 General Obligation Improvement Bonds, Series 2000A. . WITNESS my hand this day of 2000. Clerk • 12193A6.1 3 Sent by: BRIGGS MORGAN ST PAUL 651 223 6450; 10/19/00 11:27; #906; Page 6/9 EXHIBIT A b. THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $735,000 - CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2000A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, November 20, 2000, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223.3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach • Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated December 1, 2000, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2001. Interest will be computed on the basis of a 360 -day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2002 $80,000 2005 $75,000 2008 $70,000 2010 $65,000 2003 $80,000 2006 $75,000 2009 $70,000 2011 $65,000 2004 $80,000 2007 $75,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM • The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC" ), sent py: BRIGGS MORGAN ST PAUL 651 223 6450; 10/19100 11:27; #906; Page 7/9 New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2008, and on any day thereafter, to prepay Bonds due on or after February 1, 2009. Redemption may be in whols or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE S The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledgespecial assessments against benefitted properties. The proceeds will be used to finance three improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $727,650 and accrued Interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $7,350, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond, If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. -ii- f Sent by: BRIGGS MOROW ST PAUL 551 223 5450; 10119/00 11:28; #906; Page 8/9 i AWARD • The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals Without cause, and; (iii) reject any proposal which the City determines to have failed to comply with the terms herein. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis. Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, • or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shag have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance With said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking') whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specked in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the re aration of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Spdngsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other • information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 50 copies of the sent by: BRIGGS MORGAN ST PAUL 651 223 5450; 10119/00 11:28; #906; Page 919 Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 23, 2000 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Clerk 1a17=4Z P • iv - I Recommendations For City of Brooklyn Center, Minnesota $735,000 General Obligation Improvement Bonds, Series 2000A Presented to: Mayor Myrna Kragness Members, City Council Mr. Michael J. McCauley, City Manager Mr. Charles R. Hansen, Finance Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 SPRINGSTED Public Finance Advisors Study No.: 130207.12 , SPRINGSTED Incorporated October 19, 1999 RECOMMENDATIONS Re: Recommendations for the Issuance of $735,000 General Obligation Improvement Bonds, Series 2000A We recommend the following for the bonds: 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offering. 2. Sale Date and Time Monday, November 20, 2000, at 12:00 noon, with award by the City Council at 7:00 P.M. that same evening. 3. Authority and Purpose for the Bond Issue The Bonds are being issued pursuant to Minnesota Statutes, Chapters 475 and 429. The proceeds will be used to finance three improvement projects within the City. 4. Principal Amount of Offering $735,000. 5. Repayment Term The first interest payment on the Bonds is due August 1, 2001. Principal on the Bonds will be due annually February 1, 2002 through 2011. 6. Sources of Payment The Bonds are expected to be repaid solely from special assessments against benefited property. Special assessments will be filed on approximately November 30, 2000 for first collection in 2001. First half - collections will be used to make the August interest payments with second half - collections and excess first -half collections making the February 1 principal and interest payments. 7. Prepayment Provisions The City may elect on February 1, 2008, and on any day thereafter, to prepay the Bonds due on or after February 1, 2009 at a price of par plus accrued interest. 8. Credit Rating Comments An application will be made to Moody's Investors Service for a rating on the Bonds. The City's general obligation rating is currently rated "Al" by Moody's Investors Service. City of Brooklyn Center, Minnesota October 19, 2000 9. Federal Treasury Regulations Concerning Tax - Exempt Obligations (a) Bank Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, expense that is allocable to carrying and acquiring tax - exempt bonds. There is an exemption to this for "bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax exempt bonds in a calendar year. Issues that are bank qualified generally receive slightly lower interest rates than issues that are not bank qualified. This issue is designated as bank qualified. Rebate Requirements (b ) All tax-exempt are subject to the federal j q p J arbitrage and rebate requirements. However, 9 q s. since the City expects to issue less than $5,000,000 in tax - exempt financings in 2000, the City will be exempt from rebating excess earnings on the Bond proceeds to the U.S. Treasury if 100% of the proceeds are expended within 36 months of issuance. (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for the bonds or be subject to yield restriction. This requires restricting the investments held in the debt service fund to the yield on the Bonds and /or paying back excess investment earnings in the debt service fund to the federal government. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with carry over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 the debt service of that year. (d) Economic Life The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. The economic life of the improvements is 20 years. The average life of the Bonds is 5.459 years. Therefore, the issue is within the economic life requirements. (e) Federal Reimbursement Federal reimbursement regulations require the Regulations City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of bond proceeds. It is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations in regards to the Bonds. Page 2 City of Brooklyn Center, Minnesota October 19, 2000 10. Continuing Disclosure The Bonds are subject to the continuing disclosure requirements. The SEC rules require the City to undertake an annual update of its Official Statement information and report any material events to the national repositories. However, since this issue is below $1,000,000, the City is allowed to exempt this issue from disclosure requirements. Although this issue qualifies for an exemption, we recommend the City elect full disclosure. By doing so, more underwriter's are qualified to submit bids to purchase the Bonds. Springsted currently provides continuing disclosure services to the City. We have provided City staff with a contract amendment to include this issue. 11. Attachments Project Listing /Composition of the Issue • Projected Assessment Income Schedule(s) • Debt Service ScheduleTerms of Proposal DISCUSSION The proceeds of the Bonds will be used to finance three improvement projects in various areas of the City. The projects financed by the Bonds and the composition of the issue is shown on page 5. Included in the principal amount of the issue are the costs of issuance and the allowance for discount bidding. The projection of assessment income is shown on pages 6 through 9 of these recommendations. The City expects to file special assessments, totaling $735,000 of principal, on or before November 30, 2000 for first collection in 2001. Assessments will be spread over a term of 10 years in even annual principal payments with interest charged on the unpaid balance at a rate of 7 %. The City has analyzed previous improvement issues and realizes there is a strong potential for assessments to be prepaid after the interest free period. Therefore, the City has decided to reduce the assessments by the estimated amount of additional prepayments. This can be seen on page 5 as "Estimated Prepayments after 30 days ". The principal repayment structure and projected debt service schedule for this issue is shown on page 10. Columns 1 through 6 show the years and amounts of principal and estimated interest due on the Bonds, including the 5% overlevy. The overlevy is required by state Statute as a protection to the City and the bondholder in the event of delinquencies in the collection of special assessments for repayment of the Bonds. Column 7 shows the projection of assessment income from pages 5 through 8. Column 8 shows the surplus of funds available each year, assuming the full amount levied is collected. Page 3 City of Brooklyn Center, Minnesota October 19, 2000 The August 1 interest payments are expected to be repaid from first -half assessment collections; second -half collections plus surplus first -half collections are expected to pay the February 1 principal and interest payments. Although the Bonds are general obligation of the City, the City does not expect to levy taxes for repayment of the bonds. Respectfully submitted, - - SPRINGSTED Incorporated llr Provided to Staff: a) Continuing Disclosure Contract Amendments Page 4 CITY OF BROOKLYN CENTER, MINNESOTA ESTIMATE OF BONDING NEEDS FOR THE YEAR 2000 Garden City 73rd Avenue Palmer Lake PROJECT Central Humb /Camd Circle TOTALS Streets /Storm Street Streets/Storm LEVY NUMBER 14844/14845 14846/14847 14902/14903 Construction Costs 4,413,588 319,149 20,230 4,752,968 Paid from Cash Reserves and Current Year Revenues 3.258.850 249.789 0 3.508,640 Gross Special Assessments 1,154,738 69,360 20,230 1,244,328 Deletions 0 0 0 0 Senior Deferral 0 0 0 0 Assessments on City property 19.836 0 0 19.836 Net Special Assessments 1,134,902 69,360 20,230 1,224,492 Estimated S.A. Prepayments (30%) 381,064 22, 889 6,676 410,628 Actual Prepayments 451,232 17,340 5,780 474,352 Estimated Prepayments after 30 days 34.047 2.081 607 36.735 Special Assess Bond Needs 649,623 49,939 13,843 713,405 Property Tax Bond Needs 0 0 0 0 Project Costs to be Financed 649,623 49,939 13,843 713,405 Plus: Costs of Issuance 16,026 1,232 342 17,600 Plus: Allowance for Discount Bidding 6,693 515 143 7,350 Less: Investment Earnings 31 .0551 2L 351 (65) 3L,3551 Total Bond Issue $ 735,000 Assessments Special Assess Bond Needs 649,623 49,939 13,843 713,405 m Plus: Costs of Issuance (less Inv Earnings) 12,971 997 276 14,245 cn Plus Allowance for Discount Bidding 6.693 515 143 7.350 Total Assessments 669,287 51,451 14,262 735,000 Prepared by City Staff and Springsted Incorporated 10/17/00 $669,287 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 2000A ASSESSMENT INCOME Date Principal Rate Interest Total Assessmts 12/31/2000 - - - - 12/31/2001 66,928.70 7.000% 50,754.26 117,682.96 12/31 /2002 66,928.70 7.000% 42,165.08 109,093.78 12/31/2003 66,928.70 7.000% 37,480.07 104,408.77 12/31/2004 66,928.70 7.000% 32,795.06 99,723.76 12/31/2005 66,928.70 7.000% 28,110.05 95,038.75 12/31/2006 66,928.70 7.000% 23,425.05 90,353.75 12/31/2007 66,928.70 7.000% 18,740.04 85,668.74 12/31/2008 66,928.70 7.000% 14,055.03 80,983.73 12/31/2009 66,928.70 7.000% 9,370.02 76,298.72 12/31/2010 66,928.70 7.000% 4,685.01 71,613.71 Total 669,287.00 - 261,579.67 930,866.67 Filing Date ......................................................................... ............................... 11/30/2000 First Payment Date ........................................................... ............................... 12/31/2001 Springsted Incorporated File = BROOKLYN CENTER. SF- Series 2000A Assess - Garden City Central Public Finance Advisors 1011712000 10:31 AM Page 6 $51,451 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 2000A ASSESSMENT INCOME Date Principal Rate Interest Total Assessmts 12/31/2000 - - - - 12/31/2001 5,145.10 7.000% 3,901.70 9,046.80 12/31/2002 5,145.10 7.000% 3,241.41 8,386.51 12/31/2003 5,145.10 7.000% 2,881.26 8,026.36 12/31 /2004 5,145.10 7.000% 2,521.10 7,666.20 12/31/2005 5,145.10 7.000% 2,160.94 7,306.04 12/31/2006 5,145.10 7.000% 1,800.79 6,945.89 12/31/2007 5,145.10 7.000% 1,440.63 6,585.73 12/31 /2008 5,145.10 7.000% 1,080.47 6,225.57 12/31/2009 5,145.10 7.000% 720.31 5,865.41 12/31/2010 5,145.10 7.000% 360.16 5,505.26 Total 51,451.00 - 20,108.77 71,559.77 Filing Date ......................................................................... ............................... 11/30/2000 First Payment Date ........................................................... ............................... 12/31/2001 Sphngsted Incorporated File = BROOKLYN CENTER. SF -Series 2000A Assess -73rd Ave Humb/Camd St Public Finance Advisors 10/17/2000 10.31 AM Page 7 $14,262 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 2000A ASSESSMENT INCOME Date Principal Rate Interest Total Assessmts 12/31/2000 - - - _ 12/31/2001 1,426.20 7.000% 1,081.54 2,507.74 12/31 /2002 1,426.20 7.000% 898.51 2,324.71 12/31/2003 1,426.20 7.000% 798.67 2,224.87 12/31/2004 1,426.20 7.000% 698.84 2,125.04 12/31/2005 1,426.20 7.000% 599.00 2,025.20 12/31/2006 1,426.20 7.000% 499.17 1,925.37 12/31/2007 1,426.20 7.000% 399.34 1,825.54 12/31/2008 1,426.20 7.000% 299.50 1,725.70 12/31/2009 1,426.20 7.000% 199.67 1,625.87 12/31 /2010 1,426.20 7.000% 99.83 1,526.03 Total 14,262.00 - 5,574.07 19,836.07 FilingDate ......................................................................... ............................... 11/30/2000 FirstPayment Date ........................................................... ............................... 12/31/2001 Springsted Incorporated File = BROOKLYN CENTER. SF -Series 2000A Assess - Palmer lake Circle Public Finance Advisors 1011712000 10:26 AM Page 8 $735,000 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 2000A TOTAL ASSESSMENT INCOME Date Principal Interest Total P +I 12131/2000 - - - 12/31 /2001 73,500.00 55, 737.50 129,237.50 12/31/2002 73,500.00 46,305.00 119,805.00 12/31/2003 73, 500.00 41,160.00 114,660.00 12/31/2004 73, 500.00 36,015.00 109,515.00 12/31/2005 73, 500.00 30,870.00 104,370.00 12/31/2006 73,500.00 25,725.00 99,225.00 12/31/2007 73,500.00 20,580.00 94,080.00 12/31/2008 73, 500.00 15,435.00 88,935.00 12/31/2009 73,500.00 10,290.00 83,790.00 12/31/2010 73,500.00 5,145.00 78,645.00 Total 735,000.00 287,262.50 1,022,262.50 PAR AMOUNTS TO BE ASSESSED Garden City Central Streets ..................................................... ............................... 669,287.00 73rd Ave Humb /Camd St ......................................................... ............................... 51,451.00 Palmer Lake Circle Streets / Storm ........................................... ............................... 14,262.00 TOTAL..................................................................................... ............................... 735,000.00 Springsted Incorporated File = BROOKLYN CENTER. SF- Aggregate- Public Finance Advisors 10/17/2000 10:27 AM Page 9 $735,000 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 2000A NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P +I 105% of Total Revenue Annual Surplus (1) (2) (3) (4) (5) (6) (7) (8) 2/01/2001 - - - - - - - 2/01/2002 80,000.00 4.350% 39,552.92 119,552.92 125,530.56 129,237.50 3,706.94 2/01/2003 80,000.00 4.400% 30,422.50 110,422.50 115,943.63 119,805.00 3,861.38 2/01/2004 80,000.00 4.500% 26,902.50 106,902.50 112,247.63 114,660.00 2,412.38 2/01/2005 75,000.00 4.550% 23,302.50 98,302.50 103,217.63 109,515.00 6,297.38 2/01/2006 75,000.00 4.600% 19,890.00 94,890.00 99,634.50 104,370.00 4,735.50 2/01/2007 75,000.00 4.650% 16,440.00 91,440.00 96,012.00 99,225.00 3,213.00 2/01/2008 70,000.00 4.700% 12,952.50 82,952.50 87,100.13 94,080.00 6,979.88 2/01/2009 70,000.00 4.750% 9,662.50 79,662.50 83,645.63 88,935.00 5,289.38 2/01/2010 65,000.00 4.850% 6,337.50 71,337.50 74,904.38 83,790.00 8,885.63 2/01/2011 65,000.00 4.900% 3,185.00 68,185.00 71,594.25 78,645.00 7,050.75 Total 735,000.00 - 188,647.92 923,647.92 969,830.31 1,022,262.50 52,432.19 SIGNIFICANT DATES Dated................................................................ ............................... 12/01/2000 Delivery Date .................................................... ............................... 12/01/2000 First Coupon Date ............................................. ............................... 8/01/2001 YIELD STATISTICS Bond Year Dollars ....................... ............................... ...................... $4,012.50 AverageLife ...................................................... ............................... 5.459 Years Average Coupon ............................................... ............................... 4.7015057% Net Interest Cost ( NIC) ..................................... ............................... 4.8846833% True Interest Cost ( TIC) .................................... ............................... 4.9080354% Bond Yield for Arbitrage Purposes .................... ............................... 4.6906259% All Inclusive Cost ( AIC) ..................................... ............................... 5.4419108 IRS FORM 8038 Net Interest Cost ............................................... ............................... 4.7015057% Weighted Average Maturity ............................... ............................... 5.459 Years Springsted Incorporated File = BROOKLYN CENTER. SF -Series 2000A- SINGLE PURPOSE Public Finance Advisors 10/182000 9:34 AM Page 10 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $735,000 CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2000A KE T (B 00 ENTRY ONLY) Proposals for the Bonds will be received on Monday, November 20, 2000, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated December 1, 2000, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2001. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2002 $80,000 2005 $75,000 2008 $70,000 2010 $65,000 2003 $80,000 2006 $75,000 2009 $70,000 2011 $65,000 2004 $80,000 2007 $75,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the P fY spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC"), Page 11 New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will =be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2008, and on any day thereafter, to prepay Bonds due on or after February 1, 2009. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefitted properties. The proceeds will be used to finance three improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $727,650 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $7,350, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. Page 12 AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver .a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 50 copies of the Page 13 Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 23, 2000 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Clerk 10/17/00 3:48 PM Page 14 • City Council Agenda Item No. 7 s October 16, 2000 MEMO TO: Michael J. McCauley, City Manager FROM: - Jane A. Chambers, Assistant City Manager SUBJECT: Random Acts of Kindness Nominations for Year 2000 Attached, please find a summary of the eleven nominations for Random Acts of Kindness recognition for the Year 2000. Three of the nominations involve more than one person's recognition for actions as a group or in cooperation with others. All of the nominees have received a letter requesting their presence at the October 23, 2000 Council Meeting. A sample of the letter sent on behalf of the City Council is also attached. Those attending will receive their awards that evening, the others will be mailed to the nominee the following day. • • October 12, 2000 • Summary of Random Acts of Kindness Year 2000 Nominations 1. Juanita Berthelson: Helped her neighbor care for the neighbor's terminally ill mother, providing meals and errands, and also has been a friend to her neighbor after the mother's death. 2. Willow Lane Elementary Safety Patrols- Six Safety Patrols helping at BC High School parking lot from 6:30 to 9 am during opening weeks of school. Captains of Patrol: Stefani Egnell, Stephanie Troup, Sarah Littlefield, Brittany Rawson, and Patrols: Jennifer Troup and Jayme Budde. 3. Lucy Harbinson: Evergreen Park Elementary School volunteer. 4. Lillian Rood: Volunteer at Hennepin County Medical Center for over 30 years. 5. Jeff Basche: Volunteer for Riverwood Neighborhood projects, including highway clean-up, yard work for neighbors, and volunteering at local school. 6. Lisa Schumacher: Teen Volunteer at Hennepin County Medical Center for 3 • years. 7. Gail Lundquist: Volunteer at Courage Center's Handi -Hams radio program, and in development activities. 8. Rita Ascher: Provided refuge for a young woman in need, volunteers for several community groups including CEAP, gardening projects, American Legion, and church activities. 9. Alice Purdham: Church volunteer holding many different duties. 10. Members of the Family Council Steering Committee of the Maranatha Care Center: Helping to improve the health, welfare and happiness of all residents in the home, Vicki Mattiuz, Nancy Madden, Carolea Nord, Karen Tirrell, and Peg Snesrud 11. Jessica Miller, Dave Anderson, Gertie Anderson: A young woman came to the customer service desk at City Hall with a duckling that needed a home and one was found through Dave Anderson and his wife Gertie. • City of Brooklyn Center A Millennium Community i October 12, 2000 Ms. Rita Ascher 7236 Oliver Avenue North Brooklyn Center, MN 55430 Dear Ms. Ascher: During the Celebration of Cities Week held October 8 -14, 2000, the City Council received nominations to recognize Brooklyn Center residents and groups who have performed random acts of kindness that help make our Community a wonderful place to live and work. Congratulations! You have been nominated for a random act of kindness and will be recognized by the City Council during its Council meeting on October 23, 2000. The City Council meeting starts at 7:00 p.m., at Brooklyn Center City Hall, in the Council Chambers. Your presence would • be greatly appreciated. If you have any questions please contact Brooklyn Center's Assistant City Manager Jane Chambers at 569 -3303. Sincerely, Myrna Kragness, Mayor Debra Hilstrom, Councilmember Kay Lasman, Councilmember Ed Nelson, Councilmember Robert Peppe, Councilmember 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 )y • City Council Agenda Item No. 8a i MEMORANDUM TO: Michael J. McCauley, City Manager \ FROM: Ronald A. Warren, Planning and Zoning Speci ist ' SUBJECT: An Ordinance Amending Chapter 35 of the City Ordinances Regarding Building Setbacks Along Major Thoroughfares DATE: September 20, 2000 On the September 25, 2000, City Council Agenda is a recommended ordinance amendment that would modify building setbacks for commercial buildings located along major thoroughfares in the city. Over the past 2 /Z years the City has granted a number of variances beginning with the new fire station at 63rd and Brooklyn Boulevard to allow building setbacks for commercial buildings along major thoroughfares to be less than 50 ft. The primary justification for the granting of these variances was two Brooklyn Boulevard studies undertaken by the City since 1993 that had provided various recommendations to encourage redevelopment along Brooklyn Boulevard. Both of these studies recommended that the City allow non - residential buildings h the boulevard corridor to be built closer to the street right of way than the current 50 ft. building setback. One study even favored the City establishing a • specific building setback closer than the 50 ft. line that would be a required setback for all non- e g _ residential structures located in the corridor. Variances to allow a 35 ft. setback rather than the 50 ft. setback for commercial buildings on other major thoroughfares (Xerxes and County Road 10) were granted for the Brookdale redevelopment Planned Unit Development and the Brookdale Comer redevelopment, which included Cub and other commercial buildings. In each of these cases, the same justification as for the fire station was used. Most recently the Frauenshuh redevelopment of the Brookpark Dental Center was granted a variance from the major thoroughfare setback requirement to allow a 35 ft. setback rather than a 50 ft. setback. Plans are to create an overlay ordinance to deal with Brooklyn Boulevard development and redevelopment which has yet to be established. In the meantime, the Planning Commission has recommended that the zoning ordinance be amended to reflect the building setback precedent that has been established by these variances being granted to allow non -major thoroughfare setbacks for commercial buildings along major thoroughfares rather than to address these matters separately as variance requests. The Planning Commission considered this ordinance amendment at its September 14, 2000, meeting and recommended approval of this ordinance amendment at that time. It is recommended that the City Council consider this matter for first reading and direct publication of the proposed amendment and set a public hearing date. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd day of October, 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 building setbacks along major thoroughfares. 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 BUILDING SETBACKS ALONG MAJOR THOROUGHFARES 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 -400. TABLE OF MINIMUM DISTRICT REQUIREMENTS. Every use of land within the City of Brooklyn Center shall conform to the following minimum requirements which are applicable.to the land use district in which such use is contemplated. • 10. Setbacks along major thoroughfares s as designated g J � in Section 35 -900 shall in all cases be at least'50 feet, measured from the street right -of- way line, except for commercial buildines located in commercial zonine districts (Cl and C2) or accessory structures or where the property abuts a marginal access street or where the property abuts a noise wall or noise berm constructed by Mn/DOT, or where the City Council finds that excess right -of -way mitigates the effects of traffic noise, dust, and fumes. In such cases, the setback requirements shall be as contained in the Table of Minimum District Requirements. 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. 9a MEMO To: Michael J. McCauley, City Manager \ From: Ronald A. Warren, Planning and Zoning Spe 'list i' fwd Subject: City Council Consideration Item - Planning Commission Application No. 2000- 022 Date: October 18, 2000 On the October 23, 2000 City Council Agenda is Planning Commission Application No. 2000- 022 submitted by Mid Continent Management Corporation on behalf of the owner, Commers- Clover II, LLP requesting Site and Building Plan approval to to construct an 11 stall garage on .the property addressed 6331, 6401 and 6425 Beard Avenue North. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2000 -022 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their October 12, 2000 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the recommendations by the Planning Commission. • • Application Filed on 9 -28 -00 City Council Action Should Be Taken By 11 -27 -00 (60 Days) Planning Commission Information Sheet Application No. 2000 -022 Applicant: Mid Continent Management Corporation Location: 6331, 6401 and 6425 Beard Avenue North Request: Site and Building Plan Approval The applicant, Mid Continent Management Corporation on behalf of the owner, Commers- Clover II, LLP, is seeking site and building plan approval to construct an 11 stall garage on the property addressed 6331, 6401 and 6425 Beard Avenue North. The property in question is zoned R -5 (Multiple Family Residence) and is located on the west side of Beard Avenue, south of 65th - Avenue North. It is surrounded by 65th Avenue on the north, with single family homes on t e opposite side of the street; Beard Avenue on the east with single family homes on the opposite side of the street; the Rainbow development complex which s zoned C -2 on the south; and other R -5 zoned property containing the Garden City Court Apartments on the west. The proposed plan is to replace 12 existing surface parking spaces located in the parking lot between the 6401 and 6425 Beard;,,Avenue buildings with a 40 ft. by 60 ft. garage structure that • will contain 11 garage stalls and a trash enclosure area. Originally the plan was to have 12 garage stalls but due to ADA (Americans with Disabilities Act) requirements, one stall is to be handicapped accessible reducing the amount of space available for a 12th stall. The remainder area, which is not large enough for a garage stall, will be a trash enclosure space solving another problem for the complex that being providing screening for trash containers. The applicant has indicated that their plan will provide garage coverage for some tenant automobiles not currently available on the property. They note that the ability to provide garages allows them to upgrade the property increasing their economic level which in turn provides stability of the residents living at the property. The garage construction would be wood frame on a concrete slab with a gabled, shingled roof. Hardi plank siding, which is non - combustible, would be provided and the garage doors would be six paneled steel doors. The elevations and floor plan show six garages facing south and five facing north including a 13 ft. wide stall for handicap accessibility. The dumpster enclosure area would be located along the north bank at the west end of the building. ACCESS/PARKING Access to the site would be unchanged and the location of the garage structure would be in the center of the parking lot shared by the two buildings previously mentioned. Currently the • 10 -12 -00 Page 1 • parking lot contains 34 parking spaces. Following construction there would be 33 spaces. Access around the garages provides space for 24 ft. wide two way drive lanes. The City Engineer has reviewed the proposal and does not anticipate any problems. The existing drainage pattern for the most part will continue. He does not believe it is necessary to require the applicant to provide curb and gutter to assist drainage on the site. No parking lot upgrading, other than that necessary to tie into the new garage, is anticipated. The parking requirement for residential property is two parking spaces per dwelling unit. These two buildings, which share this parking lot, were built in 1959 when the City only required one parking space per dwelling unit. The building at 6331 Beard Avenue, which is a part of this complex but does not share a parking lot, was built in 1960. It has a separate parking facility on the south side of that building. It, too, was built under the parking requirement of one parking space per dwelling unit. There are 12 units in each of the buildings which would require a total of 48 off street arkin spaces for the two buildings under the current parking requirements. As P g P g P g q -previously me- there are currently 34 existing parking spaces. The applicant has indicated that given the mix of tenants they have never had a demand for more parking than is available and even reducing the parking count by one space should not be a problem. It might be possible to add parking spaces on the site to increase the number but we do not believe it is necessary to do so at this time. The question is whether it is reasonable to allow the reduction of one on site parking space given the upgrading that they are proposing. We believe such a request is reasonable. The City ses o 'e compliance with the ty opportunities such as this to assure that facilities are c p minimum requirements of the City's zoning ordinance such as landscaping, curb and gutter, etc. As mentioned reviou a it is necessary to require curb and p sly, the City Engineer does not believe ary q gutter on the property at this time. The applicant has provided us with an analysis of landscaping at the sites. The three sites combined equal 1.35 acres which would require 121.5 landscape points. Their analysis shows 45 shade trees, 17 coniferous trees, and 22 shrubs equaling 461 landscape points which is well in excess of the total points required for such a multi residential development. Even using the point distribution method of analyzing landscape plans, they exceed the landscape requirements, therefore, no additional landscaping needs to be required. SCREENING The applicant originally proposed to leave the west end of the area devoted as a trash enclosure open with a non opaque gate. We have reviewed this with the applicant and have indicated that due to the residential property located immediately to the west that it is necessary to provide opaque screening on any gate they propose to have for the trash enclosure area. Therefore, the plans should be modified to show an opaque screen gate for this facility and such a condition should be added to any conditions recommended for approval of this application. • 10 -12 -00 Page 2 • RECOMMENDATION All in all we believe this application is in order and would recommend approval subject to the following 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 permits. 2. Grading and drainage plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. The plans shall be modified prior to the issuance of permits to provide opaque screening of the trash container area including opaque screening on any gate serving this area. The use of plastic slats woven between chain link is not acceptable as a means of m , -:eting.this opaque screening requirement. • 10 -12 -00 Page 3 z 2! Q no 4 � O _ tL i PgTH Ali N• 7 ER 701bE %LL N .1 u3 4 MOUND ES rt. Z CEhfM" Q -• ES { '—' R C 66TH. AVE N. W 1 G FREEWAY -/ v PARK RD u Z i s-- ten. u• •_67 TM. AJe N. �. i. Planning Commission W 6 / : App No. 2000 - 022 A� TER A6 -- � z /E N T J ' v t_ IMot GARDEN CITY - SCHOOL T -- R5 \ — U Ci IR MARUN PARK a Q 4} - Ia R0. C2 -z 1 ._ _ 63RD. AVE N. a loll \ - / 1 LEGAL D ESCRIPnON •wen w r w a mm uw+w•..o ur. wo• m.n �.++ P� 1 1 � � \• :,.:• ! ; . f 1 •lot : :: � � � ] .uws t 4 r. • w Ib 1 1 1 � � •rrrrt s•us .so.. ar. � ib P �.' ::' : � r � 'rM i � i� l 1 • •� •� Z i i �� -" i • ,� , 7 LEGEND i i I .•rAn SRAf it .u•w• ; .•. i 1 Q _ e. n,M \` 1 1 r , .wwr , 1 1 Cl I t LLI EIS ^°�, . � � � 1 I ; wc(NmrMAP "40' Q( 60 - flp••p � 1 �i 1 - ; ' 1 1n+M•Aw.; �. " \\ 4 4 •.r � ' I 1 � oil 1, 1 - S R t: • d` 1 1 am rn 1 ^� 1 Mrly nrory IM U4 A or.vx.• •y m• r unM Ay SURVEY PREPARED BY: T vaecr »th w%wEer ,•amat wal • ruz tm. 2 w.a tta anal wrr+rm aw m.� .... awr r.w1.w I.w ..V.w ew TE nZ ' Z���.�26 .w 0• lew M u. stow sr uMesu HARRY S. JOHNSON CO., INC. MID - CONTINENT MANAGEMENT TOPOGRAPHICAL SURVEY 8401 -8126 BEARD AV1eNUE LAND SURVEYORS RATION WITH PROPOSED GARAGE BROOKLYN CENTER, MINNESOTA 100°u°D•O T. 170 W. 7TH petc wy y> BLOOMNGTON9 N555420 �• 1-3-5787 I qp �cwatxS (612) 884 -5341 1 Oy 1 ' � , r RRa lfi oc • Atv„r T • • �meMt 27ifO NPRDER � "PW.1wITD DtC'iw {PN m' p' IP' � � ro' ' � . is • bYER &RPAbt DRN1t� ' .. „�DtLHP3T8 BAY EfcO fRAlrt �c--6AMet OavW • a f�oe4 runs Woe . mC4 on MOT • Vin. . t] tJ' iJ t, b r.,'' T"ADLpp Lxw •• SLAB ON OAt Oi 1vlAtF • I e o \ •J.`t b fi RCt.11R oft SAND • , .. , J t 6RR0!•afMA C pomeb Nit* _ jj- 7 As• HAN4IGIP A/ORJ•N v i.iFw • i BOSTON ) d __...._� s _,�..... - -_.tom -..° - -... __ i IY4 GpnAR Af i ...' - � — fi=t • _, ' DttHPSS'CR BAY -4V4 NARDV Aomw Cv.IPA In T'Y7'R/I14Rp MttcL • tfES., neeoS Zt 6 A3, C. PRAMP ulF ST VIF_N/ % �s I i 4wnTl1 V.nw • PRBPOSEp !{ • es -- fer�ses ttve Na. M IAIN `K.- MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA • REGULAR SESSION OCTOBER 12, 2000 CALL TO ORDER The Planning Commission meeting was called to order-by Chair Pro Tem Boeck at 7:34 p.m. ROLL CALL Chair Pro Tem Graydon Boeck, Commissioners John Whitehead, Rex Newman, and Stephen Erdmann. Chair Tim Willson, Commissioners Sean Rahn, and Dianne Reem were absent and excused. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Nancy Czajkowski. APPROVAL OF MINUTES — SEPTEMBER 14.2000 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to approve the minutes of the September 14, 2000 meeting as submitted. The motion passed unanimously. Commissioner Whitehead abstained as he was not at this meeting. CHAIR'S EXPLANATION Chair Pro Tem Boeck explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION Nn. 20Q0 - 022 — (MID CONTINENT MANA GEMENT CORPORATION) Chair Pro Tem Boeck introduced Application No. 2000 -022, a request from Mid Continent Management Corporation to seek Site and Building Plan approval to construct an 11 stall garage at 6331, 6401 and 6425 Beard Avenue North. Mr. Warren presented the staff report using large copies of the plan to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 10/12/00 for Application No. 2000 -022 attached.) The proposed plan is to replace 12 existing surface parking spaces located in the parking lot between the 6401 and 6425 Beard Avenue buildings with a 40 foot by 60 foot garage structure that will contain 11 garage stalls and a trash enclosure area. While the original plan was to have 12 garage stalls, meeting the Americans with Disabilities Act requirements resulted in one stall being made handicapped accessible which reduced the amount of space available for a twelfth stall. The applicant is also considering an overhead door in lieu of an opaque gate in the trash container area. Staff recommends approval subject to three conditions. Mr. Jack Hayes, representative of the applicant, stated he is available for any questions the Commissioners might have. • 10 -12 -00 Page 1 Chair Pro Tem Boeck asked where Commers- Clover II, LLP, is located. Mr. Hays stated their offices are in Roseville. • Chair Pro Tem Boeck stated it is an improvement to the area. He noted since they would collect more rent and pay more taxes, everyone wins. Mr. Hays indicated he would like to discuss the overhead door concept with the garbage hauler before finalizing the idea. Chair Pro Tem Boeck concurred. He noted the applicant did not want to change it again in a short amount of time. Chair Pro Tem Boeck asked if the trash area would be locked. Mr. Warren responded it might be. He noted there can be problems since the tenants must also access the area in order to avoid trash being thrown around the site. Mr. Warren indicated it is a constant problem to keep the area clean and free of vandalism. He noted proposals like this seem to do a better job of handling the problem. Chair Pro Tem Boeck called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Appli elation. ACTION TO RECOMMENDAPPROVAL OF APPLICATION NO. 2000-022 — (MID CONTINENT MANAGEMENT CORPORATION) There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to recommend to the Council that it approve Application No. 2000 -022, submitted by Mid Continent Management Corporation for site and building plan approval to construct an 11 stall garage at 6331, 6401, and 6425 Beard Avenue North, subject to the following 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 permits. 2. Grading and drainage plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. The plans shall be modified prior to the issuance of permits to provide opaque screening of the trash container area including opaque screening on any gate serving this area. The use of plastic slats woven between chain link is not acceptable as a means of meeting this opaque screening requirement. Voting in favor: Chair Pro Tem Boeck, Commissioners Erdmann, Newman, and Whitehead. The motion passed. The Council will consider the recommendation at its October 23, 2000 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. • 10 -12 -00 Page 2 i OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 7:53 p.m. Chair Recorded and transcribed by: Y Nancy Czajkowski TimeSaver Off Site Secretarial, Inc. • 10 -12 -00 Page 3 i City Council Agenda Item No. 10a City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM DATE: October 16, 2000 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services+ SUBJECT: Resolution Expressing Appreciation for the Gift of the Brooklyn Center Li ns Club in Support of Our Annual Halloween Parry The Br- )oklyn Center Lions Club has presented to the City a donation of four hmadred dollars ($400.) They have designated that it be used to support our annual Halloween Parry Staff recommends acceptance of this donation and asks that it be coded to the corresponding activity budgets. • 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 its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR ANNUAL HALLOWEEN PARTY WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation Y tY of four hundred dollars ($400) and have designated it be used to support our annual Halloween Party; and WHEREAS, the City Council is appreciative of the donation and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donation with gratitude. • 2. Appropriates the donation to the corresponding activity budgets. 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 EXPRESSING RECOGNITION AND APPRECIATION FOR THE COMMUNITY SERVICE OF LEONARD E. LINDQUIST WHEREAS, Leonard E. Lindquist resided in Brooklyn Center for fourteen years; and WHEREAS, Leonard E. Lindquist was appointed Railroad and Warehouse Commissioner in 1949 by Governor Youngdahl and re- elected in 1950; and WHEREAS, Leonard E. Lindquist was elected to the Minnesota House of Representatives for two terms, 1955 through 1959, serving all of Hennepin County north of Wayzata Boulevard; and WHEREAS, Leonard E. Lindquist served as President of Benson School PTA; Chairman of Earle Brown School Board; Commander Duoos Bros. American Legion Post; Justice of Peace, Brooklyn Center; Village Attorney, Brooklyn Center; and member VFW and Isaac Walton League; and WHEREAS, the Brooklyn Center City Council previously recognized Leonard Lindquist by designating a pond at Centerbrook Golf Course in his honor; and WHEREAS, his dedicated public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized • and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the community service of Leonard E. Lindquist is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: • whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. lOb Member introduced the following resolution and moved its adoption: RESOLUTION NO. • RESOLUTION ADOPTING GOALS FOR 2001 WHEREAS, the City Council met in a facilitated workshop to discuss goals and objectives for 2001; and WHEREAS, the goals set forth in this resolution are the result of the discussions amongst the Council in the course of the facilitated workshop. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following goals be and hereby are adopted as the official goals of the City Council directing the leadership priorities for City government. Goal 1: Support Brookdale Redevelopment By: • use of tax increment assistance • review and evaluation of land use applications • prompt construction and plan review /inspection • monitoring developer performance Goal 2: Continue and Improve Code Enforcement and Compliance Activities By: • coordinated effort of police and community development departments • increased effort and focus on high - density areas while continuing neighborhood enforcement • continue to evaluate additional approaches to achieving improved compliance Goal 3: Increased Proactivity Towards Fighting Crime By: • increased visibility of police in neighborhoods and apartment complexes • continue and expand participation rate in Neighborhood Watch programs • include public safety information in all City newsletters Goal 4: Actively Support Northeast Corner of 69th Avenue and Brooklyn Boulevard Redevelopment By: • exploring responsible and credibly - financed development proposals • ensuring that plans support the long -term goals of the City's Comprehensive Plan Goal 5: Continue Planning For and Beginning Construction of Community Center and City Hall Work By: • develop final designs and cost estimates for project • move towards substantial construction of project in 2001 Goal 6: Continue and Implement Long -Term Financial Planning By: • continue five -year planning for utilities and capital improvements • continue /expand five -year planning for other funds • review and develop contingency planning • move toward development of two three -year budget projections for the City • continuing to evaluate City priorities • RESOLUTION NO. Goal 7: Support and Promote Major Road and Street Improvement Projects By: • start Brooklyn Boulevard with the county in the year 2001 (completion in the year 2002) • Highway 100: - continue support and participation in the North Metro Mayor's Highway 100 Council - keep project schedule with Mn/DOT • support and participate in the Highway 694 widening project, with improved sound walls, by Mn/DOT - support other arterial enhancements as opportunities arise Goal 8: Plan for Destination Parks By: • develop specific financial plan for destination park improvements in the Capital Improvement Plan Goal 9: Support and Expand Joslyn Site Development By: • working witrt'developer to complete phases II and III • measuring compatibility of proposed France Avenue routing with neighborhood/development Goal 10: Continue Traffic Calming Efforts and Expand Information Available to the Public By: • continuing ,enforcement efforts through multiple resources • continuing and expanding information to the public on traffic safety and calming efforts Goal 11: Special Visioning Project to Create a Redevelopment Strategy Based on the City's Vision For the Future and Developing Opportunities to Promote Inclusion of ALL Residents in Brooklyn Center's Community Life By: • if funded, undertake accomplishing this goal in the Central Business District with the use of consultants who would facilitate public meetings and perform studies that would assist City Council in developing a framework • if not funded, establish two to four work sessions and retreats to be conducted during the period of January through March, 2001, to set direction and develop outlines for accomplishing goals 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. lOc • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 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 12 of the City Ordinances Regarding Compliance Order. 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 12 OF THE CITY ORDINANCES REGARDING COMPLIANCE ORDER. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 of the City Ordinances of the City of Brooklyn Center P tY tY Y is hereby amended in the following manner: . Section 12 -1201. COMPLIANCE ORDER. Whenever the compliance official determines that any building or portion thereof, or the premises surrounding any of these, fails to meet the provisions of this Chapter, a compliance order setting forth the violations of the ordinance and ordering the owner, occupant, operator, or agent to correct such violations shall be issued. This compliance order shall: 1. Be in writing. 2. Describe the location and nature of the violations of this ordinance. 3. Establish a reasonable time for the correction of such violation and notify of appeal recourse. 4. Be served upon the owner or agent or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: a. Served upon owner, agent or occupant personally; or b. Sentbyregistere l st class mail to his/her last known address; or 1 c. Upon failure to effect notice through (a) and (b) as set out in this section, posted at a conspicuous place in or about the building, or portion thereof, which is affected by the notice. 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.) • 2 I City Council Agenda Item No. lOd Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 2001 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the Metropolitan Area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account, and the Inclusionary Housing Account is intended to provide certain funding and other assistance to Metropolitan Area municipalities; and WHEREAS, a Metropolitan Area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life- cycling housing goals for each participating municipality; and WHEREAS, a Metropolitan Area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and • • RESOLUTION NO. WHEREAS, for calendar year 2001, a Metropolitan Area municipality that participated in the Local Housing Incentive Account Program during the calendar year 2000, can continue to participate under Minnesota Statutes Section 473.254 if: (a) municipali ty the municipali elects to participate in the Local Housing Incentives Program by November 15, 2000; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life - cycling housing goals for the municipality. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar 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. • Metropolitan Council Working for the Region, Planning for the Future DATE: August 4, 2000 TO: City Managers and Administrators FROM: Elizabeth J. Ryan, Director of Housing & Livable Communities SUBJECT: Certification of 2000 ALHOA (Expenditures in 200 1) Thank you for your participation in the 2000 Metropolitan Livable Communities Act (LCA) Local Housing Incentives Account. Your community's commitment and involvement has contributed to the region's overall economic competitiveness and its tangible progress in providing affordable and life -cycle housing for metro area residents. Looking ahead to 2001, the Metropolitan Council seeks your community's renewed participation and continued cooperation in Livable Communities efforts. As part of the LCA legislation, the Council annually notifies each community of its "Affordable and Life -cycle Housing Opportunities Amount (ALHOA) ". The ALHOA is derived from the formula prescribed in law including market value, tax capacity and tax rates by the county assessor. It is an amount of local expenditure to support or assist the development of affordable and life -cycle housing or maintain and preserve such housing. The enclosed ALHOA is the amount of local expenditure expected of the community during 2001. S Communities have some flexibility in determining which local expenditures fulfill the ALHOA contribution. Examples include local dollars contributed to housing assistance, development or rehabilitation efforts, local housing inspection and code enforcement, or local taxes to support a local or county HRA. Incentives for your community's renewed participation include access to nearly $15 million for housing development, clean-up of polluted sites for business and housing development, and mixed -use and mixed- income development. Also, your community's ALHOA expenditure will be reported in the Council's Annual Housing Report Card required by the LCA. Your community's intent to participate in the 2001 LCA Local Housing Incentives Program is needed by Nov. 15. To help you in verifying your community's continued participation, a model resolution is enclosed. Planning assistance for staff or information presentations for elected officials are available by contacting your sector representative (see below). Questions about the ALHOA can be referred to Guy Peterson at 651/602 -1418. We look forward to continuing our mutual commitment to affordable and life -cycle housing. Thank you for your consideration. Sector Representatives: Dakota, Anoka and Ramsey Counties Sandra Pinel 651- 602 -1513 Washington County Bob Mazanec 651- 602 -1330 Scott and Carver Counties Tom Caswell 651- 602 -1319 • Minneapolis and St. Paul Richard Thompson 651- 602 -1457 Hennepin County Phyllis Hanson 651/602 -1566 V:\ LIBRARY\ COMMuNDV\PETERSON12o0o1o80400ALHOA Itr to new part.doc 230 East Fifth Street St. Paul, Minnesota 55101 -1626 (651) 602 -1000 Fax 602 -1550 TDD /TTY 291 -0904 Metro Info Line 602 -1888 An Equal Opportunity Employer • • METROPOLITAN COUNCIL AFFORDABLE LIFE -CYCLE HOUSING OPPORTUNIJUS AMOUNTS FOR THE YEAR 2000 1 2 3 4 5 6 7 8 4% of Total Affordable & Life Payable 1999 Payable 2000 Homestead Growth Excess 4% of Total Homestead Tax Lessor of Growth Pay 2000 Cycle Housing Number of Market Value Market Value Net Tax Capacity is x Homestead Tax Capacity is Excess or 4% City Tax Opportunities Homesteads City/Township Base Amount Base Amount Pay - 1995 Pay 2000 Excess Local Rate Capacity x Local Rate Home Tax Capacity, Rate Amount in 1999 in 2000 Brooklyn Center 173,742 177,579 19,518 15,527 - - 308,327' 106,819.89 - 34.645% - 26 40 ' I EXPLANATION OF AFFORDABLE LIFE -CYCLE HOUSING OPPORTUNITIES FOR THE YEAR 2000 TO BE EXPENDED IN 2001 Simply stated, here's how we determined you community's ALHOA for 2000 that is to be expended in 2001. First, we determined the average market value of your city's houses in 1995, doubled it to arrive at a base value. We then found all of the 1995 high priced houses that were above this base amount and subtracted the base value from each of those high priced houses to arrive at an excess value number for each house. Next we added up all of those high priced house's excess values to arrive at the total base year excess ' number. This 1995 number doesn't change. We did the same for the current year, this time using the current market values for the houses and the current base value using the Consumer Price Index change according to the requirements of the legislation. If the current year's excess is bigger than the 1995 excess, we subtracted the 1995 excess from the current year's total excess to arrive at the Growth in Excess. We multiplied that Growth in Excess times your city's tax rate. This is the Affordable and Life Cycle Housing Opportunities Amount for this y ear. This means that if there is no total growth in the t 1 exc ess from 1995, then there is no Opportunities amount. Definitions: HOMESTEAD A homestead is defined as property regularly "homesteaded" by its owners. For farm homes, it represents the assessment of the farm house, a garage and one acre of land only. CONSUMER PRICE INDEX (CPI) The Consumer Price Index measures the inflation factor in the U.S. economy. The Department of the Interior publishes this rate monthly along with a yearly average. For this program, the yearly average CPI is used. To ensure that this base value does not lose its meaning in future years the base value is increased by the CPI each year. This increased value approximately represents the effect of inflation on the market value of houses in your city. By changing the base value every year, the houses that were not included in the first base year calculation should not be included in future years just because the market value has increased due to inflation. Refer to attached sample city printout for assistance Column A— Anytown This is the name of your city Column B- 2500 This is the 1999 value used for identifying homesteads in your city that were above this hurdle number. This hurdle number was the result of multiplying the base value (see above for the definition of the base value) times the CPI change from 1995 to 1999. Column C- 255,736 This is the 2000 value used for identifying homesteads in your city that were above this hurdle number. It is exactly like Column B, except the CPI change is now from 1995 to 2000. Column D- 200,000 This is the 1995 sum of all houses having values above the base value. It represents only those houses that were above the base value, and reflects only the amount left over after subtracting the base value from each house valuation. For example: If a high priced house had a value of $ 240,000 and the base value for the city was $ 235,000, then that high priced house had an excess of 5,000 (240,000 — 23 5,000 = 5,000). This original amount does not change. This original'figure is used as the basis to determine if you city has had any growth in high priced homes since 1995. • Column E- 250,000 This is the 2000 -sum of the high priced homes having values above the current hurdle rate found in Column C. Like Column D, it represents only the excess amounts not the entire home value. Column F- 50,000 Quite simply this is Column E minus Column D. If your city has added higher priced homes since 1995 you should have a balance in this column. If you city has not seen an increase in the higher priced homes since 1995 there should be no balance in this column. There is no negative balance in this column. All negative values become zero. This number is the basis for all subsequent calculations on this form. Column G- 12,500.00 This number is your increased growth in higher priced homes (Column F) multiplied by you city's local tax rate (Column I). It represents the extra nronerty taxes received by • your city on the higher priced homes identified in Column E. Column H- 230,000 This number is the total of all homestead property tax capacity (not market value of the properties) in your city times 4 %. The number is calculated and supplied by your County . Auditor. Why 4 %? Since all higher priced homes will have a value above $72,000, then their tax capacity would be at 2 %. However, since the program doubles the market value to arrive at the base value, then the tax capacity on the homestead tax capacity should also be doubled or 4% (2% x 2 = 4 %). Column 1- 57,500.00 This number is the result of multiplying the 4% Homestead Tax Capacity (Column H) times your city's local tax rate (Column I). Column J- 12,500.00 This column is the lower of Column G or Column I. Simply stated it represents the calculated extra nronerty taxes your city receives from these higher priced houses. In some cases these extra property taxes may be the 4% Homestead Tax Capacity number (Column J) rather than the Excess Growth number (Column G). In those instances, the growth of high priced homes is faster that 4% of the net tax capacity for the city. Column K- 25.000 % • This is your city's local tax rate for 2000 as certified by your County Auditor. Column L-- 12,500.00 This is the same as Column J. It represents the Affordable Life -Cycle Housing Opportunities Amount for 2000. Column M -125 This is the actual number of higher priced homes that had values above the 1999 hurdle rate. Column N -150 This is the actual number of higher priced homes that had values above the hurdle rate for 2000. • A B I C I I o l E F G H 4% of Total Payable 1999 Payable 2000 Homestead Growth Excess 4% of Total Homestead Ta Market Value Market Value Net Tax Capacity in x Homestead Tax Capacity City/Township Base Amount Base Amount Pay 1995 Pay 2000 Excess Local Rate Capacity x Local Rate jAnytown 250,000 1 1 255,736 200,000 250,000 ' 50,0001 12,500 11 230,000 11 57,500.00 1 J I K L M N Affordable & Life Lessor of Growth Pay 2000 Cycle Housing Number of in Excess or 4% City Tax Opportunities Homesteads Home Tax Capacity Rate Amount in 1999 1 in 2000 1 12,500.00 1 1 25.000% 1 12,500.00 i 1251 1501 City Council Agenda Item No. 10e • MEMORANDUM DATE: October 4, 2000 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineerf - OP SUBJECT: Resolution Authorizing Execution of a Traffic Control Signal Agreement with Mn/DOT and Hennepin County for the Replacement of Traffic Signals on Brooklyn Boulevard at the Trunk Highway No. 94 South and North Ramps, Improvement Project No. 1999-04, Brooklyn Boulevard Reconstruction, 64th to 71st On October 9, 2000, the City Council authorized a Construction Management Agreement and a Construction Cooperative Agreement with Hennepin County. A separate agreement is needed for the traffic signals located at Brooklyn Boulevard and the north and south ramps to Highway 94. Under the terms or the proposed agreement, the City would be responsible for securing a power supply and paying monthly electrical service expenses. The City is currently responsible for those costs for the existing signals under a previous agreement. The installation costs and most of the future maintenance responsibilities are split between Mn/DOT and Hennepin County. A copy of the agreement is attached for your review. This agreement is recommended for approval. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A TRAFFIC CONTROL SIGNAL AGREEMENT WITH MN/DOT AND HENNEPIN COUNTY FOR REPLACEMENT OF TRAFFIC SIGNALS ON BROOKLYN BOULEVARD AT THE TRUNK HIGHWAY NO. 94 NORTH AND SOUTH RAMPS, IMPROVEMENT PROJECT NO. 1999 -04, BROOKLYN BOULEVARD RECONSTRUCTION, 64TH TO 71 ST WHEREAS, the City has entered into an agreement with Hennepin County for the reconstruction of Brooklyn Boulevard, 64th to 71st; and WHEREAS, it is necessary to replace the traffic signals located at the intersection of 'Brooklyn Boulevard and the north and south ramps of Trunk Highway No. 94. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the provisions of Mn/DOT Agreement No. 80732, which is a Traffic Signal Agreement between the City of Brooklyn Center, Mn/DOT, and Hennepin County are hereby accepted and approved, and the Mayor and City Manager are hereby authorized and directed to execute said agreement. 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. MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 80732 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT TRANSPORTATION AND THE COUNTY OF HENNEPIN AND THE CITY OF BROOKLYN CENTER TO Remove the existing Traffic Control Signals, Install and Remove Temporary Traffic Control Signals and Install new Traffic Control Signals with Street Lights, Emergency Vehicle Pre - emption, Interconnect and Signing"on Trunk Highway No. 94 South and North • Ramps at County State Aid Highway No. 152 (Brooklyn Boulevard) in Brooklyn Center, Hennepin County, Minnesota. S.P. 2786 -97 S.P. 27- 752 -07 and 109 - 020 -08 F.P. STPX -TEAR 2797 (189) C.P. 9322 Prepared by Traffic Engineering • ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED None $16,700.00 PARTIES THIS AGREEMENT is entered into by the Minnesota Department of P Transportation, (State), and the County of Hennepin, (County), and the City of Brooklyn Center, (City). RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner c!f Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The parties desire to remove the existing traffic control signals, install and remove temporary traffic control signals and install new traffic control signals including street lights, interconnect and signing, (Traffic Control Signal(s)), at the location(s) set out in this Agreement. The City requests and the State agrees to the installation of Emergency Vehicle Pre-emption Systems, EVP g Y P Y ( System(s)), as a part of the new Traffic Control Signal installations. It is in the public's best interest for the County to provide a master P controller and two new cabinets and controllers (County- furnished Materials) for said new Traffic Control Signals. i 80732 -1- It is anticipated that the Traffic Control Signals and EVP Systems work is eligible for 80 percent Federal -aid Surface Transportation Program Funds. A contract for the construction of all of the facilities contained in the County plans will be advertised, awarded, administered, supervised and directed in accordance with the terms and conditions set forth in an existing "Agency Agreement" between the County and the State. Pursuant to the "Agency Agreement" the State will administer the construction contract and make payments to the Contractor. The "Agency Agreement" also provides for the State to as agent for the County for the acceptance and the receipt of all Federal funds made available for County projects. The County, City and the State will participate in the cost, maintenance and operation of the new Traffic Control Signals and EVP Systems. CONTRACT 1. The County will prepare the necessary plan, specifications and proposal, (Preliminary Engineering). The State will perform all necessary construction inspection, (Engineering and Inspection). 80732 -2- 2. The Cost of Construction, (Construction Cost) consists of the contract cost of the work or, if the work is not contracted, the actual cost of all labor, materials, and equipment rental required to complete.the work. Construction Cost does not include the cost of providing the power supply to the service poles or pads. 3. The County, with its own resources or by contract, will remove the existing traffic control signals, install and remove temporary traffic control signals and install new Traffic Control Signals and EVP Systems on Trunk Highway No. 94 South and North Ramps at County State Aid Highway No. 152 (Brooklyn S Boulevard) (Systems "B" and "C "J pursuant to State Project No. 2786 -97, State Project No. 27- 752 -07 and 109 - 020 -08, Federal -aid Project No.. STPX -TEAR 2797 (189) and County Project No. 9322. The existing "Agency Agreement" provides for payment of all funds for the Traffic Control Signal and EVP System work stated above. 4. - The County will provide the County- furnished Materials to be installed with the County work provided in Paragraph 3. Estimated cost for County - furnished Materials (cabinets and controllers) is $30,000.00. State's share is 50 percent. County's share is 50 percent. Estimated cost for 80732 -3- • County- furnished Materials (master controller) is $10,000.00. State's share is 17 ercent. County's hare is 83 percent. p ty s s p rce t. 5. The State will pay the County for the State's share of the actual costs of the County - furnished Materials. The County must submit an invoice, in quintuplicate, to the State's Assistant Division Engineer at Roseville itemizing the costs and signed by a responsible County Official certifying that the materials have been furnished in compliance with this agreement. The invoice and supporting records are subject to audit by the State's representative. 6. The State's estimated obligation under this agreement is $16,700.00. This estimate consists of the State's share of the County- furnished Materials. If it appears likely, at any time, that the actual material costs will require an adjustment in the. State's estimated obligation, the County will immediately request such adjustment from State's Assistant Division Engineer at Roseville or his /her designated representative. The State will review and, subject to the availability of State funds, approve, reject or modify the County's request. I Y � f the State approves such request, the State will encumber additional funds and then issue a notice to proceed. Any additional expenses incurred by the County prior to receiving notice to proceed may not be reimbursed by the State. 80732 -4- • The State's maximum obligation under this contract will not exceed 120% of the amount shown in this Paragraph as the State's estimated obligation, except by a fully- executed amendment to this agreement. 7. The City will be responsible for the cost and application to secure an adequate power supply to the service pads or poles. Upon completion of this project, the City will thereafter pay all monthly elect ical service expenses necessary to operate the Traffic Control Signals and EVP Systems. 8. Upon completion of this project, the responsibility for the new Traffic Control Signals is as follows: • a) The County will, at its cost and expense: (1) relamp the new traffic control signals; and (2) clean and paint the new traffic control signals, cabinets and luminaire mast arm extensions; b) The City will, at its cost and expense: (1) maintain the luminaires and all its components, including replacement of the luminaire if necessary; and (2) relamp the street lights; and c) The State will, at its cost and expense, maintain the signing and interconnect and perform all other traffic control signal and street light maintenance, which all is to be performed by the County on a reimbursable basis. • 80732 -5- i 9 The EVP Systems will be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a) It shall be the State's responsibility, at its cost and expense, to maintain the EVP Systems which is to be performed by the County on a reimbursable basis. b) Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 169.01, Subdivision 5. Authorized emergency vehicles i may use emitter units only when responding to an emergency. The City will provide the State's Assistant Division Engineer or his /her designated representative a list of all vehicles with emitter units. c) Malfunction of the EVP Systems must be reported to the State immediately. d) In the event the EVP Systems or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after the City • i 80732 -6- I receives written notice from the State, the State may remove the EVP Systems. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and components become the property of the County. e. All timing of the EVP Systems will be determined by the County's Traffic Engineer. 10. The County will maintain and keep in repai°_r the new Traffic Control Signals and EVP Systems. The County will operate the Traffic Control Signals and EVP Systems, including timing, as specified in- Paragraphs 8 and 9. The County will • defend and indemnify the State from any claims arising out of the performance or non - performance of the County's obligations under this paragraph. The County's liability is governed by Minnesota Statutes Chapter 466 and other applicable law. 11. The County will invoice the State annually for the actual costs it incurs in maintaining and keeping in good repair the new Traffic Control Signals and EVP System, as specified in Paragraphs 8 and 9 excluding the following: Maintenance of the luminaires and all its components, including replacement of the luminaire if necessary; relamping the new traffic control signals and street lights; and cleaning and painting the new traffic control signals, cabinets, and luminaire mast arm extensions, 80732 -7- assigned to the County or City by this Agreement. The invoice must be submitted, in quintuplicate to the State's Office of Maintenance - Electrical Section. The invoice must include a 0 detailed itemization of costs and be signed by a responsible County official, attesting to the validity of the expenses. Subject to State's approval of the expenses and encumbrance of funds, the State will promptly pay the invoice. The invoice, and any supporting documents are subject to audit by proper State officials, for a minimum of six years. 12. All timing of the new and temporary Traffic Control Signals will be determined by the County's Traffic Engineer. 13. Each party will be solely responsible for its own acts and omissions, and the results thereof, to the extent authorized by law. The State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736. Each party will be solely responsible for its own employees for any Workers Compensation Claims. 14. The State or the County may terminate the terms and conditions covering maintenance and operation contained in Paragraphs 8, 9, 10, 11 and 12, upon providing 30 days notice to the other parties. The County's termination must be accomplished by a resolution of the County Board. The State's termination • 80732 -8- • must be accomplished by a letter from Mn /DOT's Assistant Commissioner. Upon termination, responsibility for the new Traffic Control Signals and EVP Systems will be as follows: a) The County will, at its cost and expense: (1) relamp the new traffic control signals; and (2) clean and paint the new traffic control signals, cabinets and luminaire mast arm extensions; b) The City will, at its cost and expense: (1) maintain the luminaires and all its components, including replacement of the luminaire if necessary; and (2) relamp the street lights; and c) The State will, at its cost and expense, maintain the EVP System, signing and interconnect and perform all other traffic • control signal and street light maintenance. In addition, all timing of the new Traffic Control Signals and EVP Systems will be determined by the State, and no changes may be made except with the approval of the State. 15. Upon execution and approval by the County, the City and the State and completion of the construction work provided for herein, this agreement will supersede and terminate Agreement No. 57153M, dated December 14, 1972, between the City and the State. 16. Upon execution and approval by the County, the City and the State and completion of the construction work • 80732 -9- • provided for herein, this agreement will supersede and terminate Agreement No. 58929, dated May 15, 1978, between the parties. 17. Upon execution and approval by the County, the City and the State and completion of the construction work provided for herein, this agreement will supersede and terminate Agreement No. 799R Supplemental Agreement No. 1, dated June 10, 1974, between the City and the State. 18. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 19. If the State fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 20. This Agreement contains all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. - 21. Minnesota law governs this contract. Venue for all legal proceedings arising out of this Agreement, or.its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. i 80732 -10- 22. This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, Subdivision 2, and will remain in effect - until terminated by written agreement of the parties. The State may immediately terminate this Agreement at any time if it does not obtain funding from the Minnesota legislature, or other funding source, or if funding can not be continued at a level sufficient to complete the work under this Agreement. • 80732 -11- STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and.16C.05. By: D a , ( i b, Zl�iO CFMS Contract No. COUNTY OF HENNEPIN ATTEST: By: Chair of its County Board Deputy /Clerk of the County Date: Board Date:. And: Assistant /Deputy /County APPROVED AS TO FORM: Administrator By_: Date:. Assistant County Attorney Date: And: Assistant County Administrator, Public Works APPROVED AS TO EXECUTION: and County Engineer Date: By: RECOMMENDED FOR APPROVAL: Assistant County Attorney By: Date: Director, Transportation Department (County Seal) Date: This certifies that the signatories for the County have lawful authority, by virtue of board resolution, to bind the County to the terms of this Agreement. • 80732 -12- CITY OF BROOKLYN CENTER RECOMMEND FOR APPROVAL: By- City Attorney Mayor Date- (City Seal) By: City Manager Date: • DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: B Assistant Commissioner Assistant Division Engineer Date- COMMISSIONER OF ADMINISTRATION ATTORNEY GENERAL As delegated to Materials Management Division As to form and execution By . B Date: Date- 80732 -13- RESOLUTION BE IT RESOLVED that the City of Brooklyn Center enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes; to wit: To remove the existing traffic control signals, install and remove temporary traffic control signals and install new traffic control signals with street lights, emergency vehicle pre - emption, interconnect and signing on Trunk Highway No. 94 South and North Ramps at County State Aid Highway No. 152 (Brooklyn Boulevard) in accordance with the terms and conditions set forth and contained in Agreement No. 80732, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement'and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATION State of Minnesota County of Hennepin City of Brooklyn Center I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Brooklyn Center at a duly authorized meeting thereof held on.the day of 2000, as shown by the minutes of said meeting in my possession. • City Clerk (Seal) City Council Agenda Item No. 10f City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM DATE: October 18, 2000 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Park and Recreation Commission Recommendation Regarding Interstate 6 Storm Water Ponding At their September 19 meeting, the Parks and Recreation Commission discussed the issues related to the need for, and potential locations of, storm water ponds needed as part of the pending widening of Interstate 694. At the meeting, Public Works Director Spector informed the Commission that the anticipated project to widen Interstate 694 had been moved up to 2001 and 2002 as the Legislature had approved additional funding from the State surplus. As a part of the planning for this project, Public Works Director Spector indicated that MnDOT would need to provide a series of storm water detention ponds. Ms. Spector noted that two of these ponds would need to be located within Brooklyn Center. The first pond is proposed to be located in excess road right -of -way on the South side of 694, just West of Garden City Park. Ms. Spector indicated that MnDOT was looking at three potential locations for the second pond. The first location (and the one preferred by MnDOT) would be on existing park land in Orchard Lane Park. The second option would be to purchase some homes adjacent to Orchard Lane Park and locate the Pond there. The third option would be to use a portion of what is now a parking area for the North Memorial Maintenance Facility. Ms. Spector indicated that the third option was the least preferred by MnDOT as the location was previously used for NSP electrical storage and may have contaminated soil. Public Works Director Spector informed the Commission that MnDOT was planning an informational meeting regarding the issue for some time in November. She asked if the Commission would consider hosting a special meeting on the same evening regarding the storm water ondin issue. After considerable discussion, a motion was made by Commissioner Russell, seconded by Commissioner Peterson to recommend to the City Council that MnDOT locate its second pond • on the North Memorial site. The motion passed unanimously. 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 • MINUTES OF THE PROCEEDINGS OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 19, 2000 CITY HALL CALL TO ORDER Chairperson Sorenson called the meeting to order at 7:00 p.m. ROLL CALL Chair Sorenson, Commissioners Ebert, Mead, Peterson, Russell and Shinnick were present. Commissioner Theis was absent and excused. Also in attendance were City Council Liaison Ed Nelson, Public Works Director Diane Spector and Community Activities, Recreation and Services Director Jim Glasoe. APPROVAL OF MINUTES - May 16, 2000 . Community Activities, Recreation and Services Director Glasoe noted that Mayor Myrna Kragness should have been included in the meeting roll call. There was a motion by Commissioner Russell, seconded by Commissioner Shin-nick to approve the May 16, 2000 minutes of the Parks and Recreation Commission as amended. The motion passed unanimously. COUNCIL LIAISON REPORT Council Liaison Ed Nelson shared with the Commission that the bids had been let for the Brooklyn Boulevard improvements. Public Works Director Diane Spector added that the low bid had come in under the Engineer's estimate. Liaison Nelson also discussed the anticipated widening of Interstate 694 and the ongoing improvements at Brookdale. Public Works Director Spector informed the Commission that demolition plans for the south end of Brookdale were about to be submitted for review. Liaison Nelson indicated that the new theaters are now open. In addition, Liaison Nelson reported on the progress of, and answered Commissioners questions regarding the Highway 100 improvements. INTERSTATE 694 WIDENING Storm Water Detention Public Works Director Spector informed the Commission that the anticipated project to widen • Interstate 694 had been moved up to 2001 and 2002 as the Legislature had approved additional funding from the State surplus. As a part of the planning for this project, Public Works Director Spector indicated that MnDOT would need to provide a series of storm water detention ponds. Ms. Spector noted that two of these ponds would need to be located within Brooklyn Center. The first pond is proposed to be located in excess road right -of -way on the South side of 694, just West of Garden City Park. Ms. Spector indicated that MnDOT was looking at three potential locations for the second pond. The first location (and the one preferred by MnDOT) would be on existing park land in Orchard Lane Park. The second option would be to purchase some homes adjacent to Orchard Lane Park and locate the Pond there. The third option would be to use a portion of what is now a parking area for the North Memorial Maintenance Facility. Ms. Spector indicated that the third option was the least preferred by MnDOT as the location was previously used for NSP electrical storage and may have contaminated soil. Public Works Director Spector informed the Commission that MnDOT was planning an informational meeting regarding the issue for some time in November. She asked if the Commission would consider hosting a special meeting on the same evening regarding the storm water ponding issue. After considerable discussion, a motion was made by Commissioner Russell, seconded by Commissioner Peterson to recommend to the City Council that MnDOT locate its second pond • on the North Memorial site. The motion passed unanimously. ADOPT -A -PARK, TRAIL, STREET Commissioner Mead asked the Commission to establish a Fall clean up date as part of their Adopt -A -Park commitment for Marlin and Lakeside Parks. After some discussion, it was the Commission consensus that available Commissioners would meet at 9:00 a.m. on the September 30 at Marlin Park. CENTERBROOK MAINTENANCE BUILDING CARS Director Glasoe informed the Commission that, over the last many years, much of the golf course maintenance equipment has been stored in the water tower. Mr. Glasoe continued that two vendors had recently approached the City regarding the leasing of space on the golf course water tower for antennas. Mr Glasoe indicated that the leasing of this space would also include space inside the tower for electrical controls, transmitters, etc. Mr. Glasoe reported that staff had been examining the options for replacement of this storage and had determined that the construction of a separate maintenance facilely was the best long term solution. Mr. Glasoe indicated that numerous locations had been studied and that the area around the current tennis courts in Lions Park had been identified as one of the best locations for the facility. . After some discussion, a motion was made by Commissioner Mead, seconded by Commissioner Russell to vacate the tennis court at Lions Park and delete it from the proposed CIP improvement list for 2002. The motion passed unanimously. DESTINATION PARK PLAN Public Works Director Spector informed the Commission that staff had continued to work over the Summer to refine cost estimates and fiscal analyses associated with the Destination Parks Plan. Ms. Spector indicated that the findings and the plan were discussed with the City Council at its September 5, 2000 joint work session with the Financial Commission. In addition, Ms. Spector indicated that public input regarding the plan had been solicited through the latest issue of "City Watch" and a mailing to residents who lived immediately adjacent to many of the proposed improvements. Finally the City Council at its September 11, 2000 meeting took public comments regarding the proposed plan. Ms. Spector explained to the Commission that the reason for again discussing the plan was to further refine the plan and prioritize improvements for the next several years, especially those slated for construction in 2001 and 2002. Ms. Spector reviewed a report that detailed the schedule of all improvements that would be necessary over the next 20 years. These included both destination park improvements as well as routine replacement of existing facilities. In addition, Ms. Spector reviewed two options for funding the improvements, showing an analysis of the city's ability to finance the proposed improvements. • After considerable discussion, Commissioner Shinnick made a motion to recommend the proposed improvements for 2001 -2002 as detailed in the plan, with the exception of the rehabilitation of the Lions Park tennis courts which was deleted from the plan. The motion was seconded by Commissioner Ebert and unanimously passed. In a separate motion, Commissioner Shinnick, seconded by Commissioner Russell, authorized Chair Sorenson to speak on behalf of the Commission when the City Council considers the plan as part of the larger Capital Improvements Plan. RANDOM ACTS OF KINDNESS Chair Sorenson informed the Commission that he had received a letter from the Mayor and City Council encouraging the Commissioners to nominate deserving citizens for the annual Random Acts of Kindness awards. Chair Sorenson indicated that the nominations were due by October 9. SET NEXT MEETING DATE The next meeting of the Parks and Recreation Commission was set for October 17, 7:00 p.m. in Conference Room A at City Hall. MEETING ADJOURNED • Commissioner Peterson made a motion, seconded by Commissioner Russell, to adjourn the meeting at 8:58 p.m. The motion passed unanimously. O u_ p i -- f I_ �7fW -AVE- K TER TOWER Z 7 W U.S. POST " 4 Q OFFICE s.,..r.. 0 ..... I n w z = 7 1 w �p GRIMES ,...�.. 68TH. A.!E. N. 4 . 68TH. AVE. N. Ui U j tt tuuj .. "' Q ALT. A r.r J c u� ,......... W u. 67TH. A./ �`►,� N � U' - .:m•"+""''• ♦ - � �-�.. ' " i—i 6 7TH. AVE. •l. ,OWE LA r „ z 66TH. AVE. N. 'H. AVE. N.. I .. ALT. C f W 0 ALT B ui WINCHESTER LA ? VCHESTER LA r: .,, 4 `•.. ,; WTO , l 65TH. AVE. 65TH VE N ;: t PARK AND RIO 4 R.- - . ", Preliminary Drainage Design --- _..._ I nterstate 94 w A r �- GAT'Ll AIM + Mn/DOT Pond A lternatives �° City Council Agenda Item No. 109 City of Brooklyn Center A reat lace to start. A reat t g p g place o stay. To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: October 19, 2000 Re: Status of 2000 City Council Goals 2000 City Council Goals (Goals are not in any order of priority) Goal No. 1: Support Brookdale Redevelopment By: • use of tax increment assistance • review and evaluation of land use applications • prompt construction and plan review /inspection • monitoring developer performance • STATUS: Development Agreement signed with Talisman Brookdale, L.L.C. - contract and plans for demolition, anticipated to start early November - Applebee's re- located and open - GAP and Wilson Leather completed - several stores re- located in mall to prepare for NW demolition - Contempo Casuals and Vision World completed Goal No. 2: Continue and Improve Code Enforcement and Compliance Activities By: • coordinated effort of police and community development departments • focus on high - density areas while continuing neighborhood enforcement • continue to evaluate additional approaches to achieving improved compliance STATUS. new computer system installed for tracking compliance - interdepartmental team formed - sweep of entire City completed ahead of schedule - re- inspections taking place - CDBG monies re- allocated to provide greater level of assistance to persons in maintaining and repairing homes through a joint effort of CEAP and HOME; Brooklyn Center Cares program providing some assistance using these resources and other volunteers. • 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 f Goal No. 3: Increase Proactivity Towards Fighting Crime By: • • increased visibility of police in neighborhoods • continue and expand participation rate in neighborhood watch program • include policy safety information in all City newsletters STATUS: information included in every City Watch; continued police work on visibility and continued high neighborhood watch participation Goal No. 4: Support and Encourage Northeast Corner of 69th Avenue and Brooklyn Boulevard Redevelopment By: • supporting and exploring responsible and credibly financed development proposals • ensuring that plans support the long -term goals of the City's Comprehensive Plan STATUS. Requests for Proposals solicited; one proposal for mixed use: senior housing over commercial received and reviewed by staff; appears by Springsted analysis that proposal is not financially feasible; exploring interest expressed by other parties Goal No. 5: Continue Planning for Community Center and City Hall Work By: • developing actual designs and cost estimates for project and improvements STATUS. reviewed concept estimates and feasibility to test cost estimates and suitability; remodeling selected as only viable option; architect selected; initial concept work is progressing Goal No. 6: Continue and Improve Long -Term Financial Planning By: • continue five -year planning for utilities and capital improvements • continue /expand five -year planning for other funds • review and develop contingency planning • move toward development of 2 -3 year budget projections for the City STATUS. part of budget process Goal No. 7: Support and Promote Major Road and Street Improvement Projects: • start Brooklyn Boulevard with the County in the year 2000 (completion in the year 2001) • Highway 100: - continue support/participation in North Metro Ma ors Highway 100 Y g Y Council - keep project schedule with Mn/DOT • - support Highway 694 widening project, with improved sound walls, by Mn/DOT • - support other arterial enhancements as opportunities arise STATUS: continued participation in North Metro Highway 100 Council, City participated Robbinsdale on engineering study; MnDOT announced full funding for Stage IV and Stage V, with Stage V moved to 2003 construction; Public meeting held on July 19th for residents along project area, compendium assembled for Council project history, SEH architects engaged to conduct public meetings and make report to City Council; anticipate report at November 13th City council meeting - staff continues to work with Hennepin County on Brooklyn Blvd., including review of options to ameliorate impacts on and lessen costs to acquire car dealers Goal No. 8: Plan for Destination Parks By- develop plan for destination park improvements in Capital Improvement Plan STATUS: draft plan approved by Park & Recreation Commission and public input sought in City Watch newsletter, being refined in line with Council's review of fiscal capacity and priorities Goal No. 9: Support and Expand Joslyn Site Development By: • working with developer to complete phase II and III STATUS: grant application for Phases H has been approved & potential for a Phase III has been developed as a potential undertaking dependent on future proposals ; developer is having difficulty overcoming land write -down occurring in Brooklyn Park and Champlin which have reduced costs below bare land costs - acquisition of Dale Tile proposed to facilitate full development of Joslyn site (tabled pending results ofSEHstudy and public meetings on France connection) - Phase II construction work started Goal No. 10: Continue to Improve Traffic Safety Focusing on Traffic Calming By: • continuing enforcement efforts through multiple resources • continuing and expanding information to the public on traffic safety and calming efforts STATUS. police continue targeted enforcement, information planned for . inclusion in newsletters, safety camp held again this summer, installation of new crosswalk signs in chartreuse color, public works evaluates projects for ways to achieve this goal Goal No. 11: Special Visioning Project to Create a Redevelopment Strategy p g J p Based on the • City's Vision for the Future; and, Developing Opportunities to Promote Inclusion of ALL Residents in Brooklyn Center's Community Life By: • establishing 2 to 4 work sessions and retreats to be conducted during the period of January- March, 2000, to set direction and develop outlines for accomplishing goals _ STATUS. this project has been not yet started due to Brookdale and other projects that have required council and staff focus and time, made application for Metropolitan Council that has the potential, if funded, to provide consulting resources to undertake accomplishing this goal in the Central Business District with the use of consultants who would facilitate public meetings and perform studies that would assist City Council in developing a framework. Note: Orphanage proposal has consumed a great deal of staff time and focus. City Council Agenda Item No. 10h h MEMORANDUM DATE: October 17, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: An Ordinance Amending the Water and Sanitary Sewer Hookup Charge Policy At several previous meetings the Council has considered amending the City's policy for public utility hookup charges and has agreed on a change to that policy. The ordinance presented for first reading tonight is the first step in adopting that policy change. This proposed ordinance amendment was reviewed at the September 5, 2000 work session. Additional steps to be taken include the second reading and public hearing for this ordinance amendment; amendment of the city's special assessment policy document; and adoption of a rate schedule. These actions will all be considered on November 27th along with the annual public utility rate study. In summary, this ordinance amendment would eliminate the current policy of referring back to previous special assessments for utility hookup, and replace it with a policy which requires all properties making connection to the system to pay a flat rate based on property type and size. The ordinance as proposed also takes advantage of this process to make some housekeeping changes that are not worth doing on their own. Specifically, the ordinance would change all references to the department of planning and inspection to community development department; the public utilities superintendent title to public works supervisor; the Metropolitan Sewer Board to Metropolitan Council Environmental Services. The ordinance would also amend chapter 4 to reflect a change which was made administratively several years ago. When the water and sewer utilities were established, their finances were tracked in separate accounts, but formally they were one fund. Several years ago they were separated into distinct funds. a • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 27th of November at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending the City's policy for water and sanitary sewer hookup charges. *Auxiliary ids for persons with disabilities are available upon request at least 96 hours in rY P q P advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING THE WATER AND SANITARY SEWER HOOKUP CHARGE POLICY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 4 -201 of the Brooklyn Center Ordinances is hereby amended i as follows: Section 4 -201. WATER CONNECTION PROCEDURES AND REGULATIONS. Subdivision 1. Permit Application. Any property owner desiring a permit to connect a dwelling or other building to the public water system of the City of Brooklyn Center shall apply therefor, through a licensed plumber, at the City department of planning and inspection. Subdivision 2. Speeial Asp ,.,,sYYYCY7 Payment of Connection Charve. The speeial assessment Plc, pr cY7Use"hf ll be if a i assessmeii for-die full ce.1 of the water supply lines mt4 a pro rata share of the water supp�y systern htts been r levied agaimt +e premises in the form of a speeia6 acssYY7cY7 if an assessment has ii been paid or spread against the premises, the Prior to issuance of a connection hermit the applicant shall be required to nay the connection charee in full a. rr�l�cc v' ., or L CU.i., , in the form o with interest payable at the speeia4 assessment interest rate established th% (,ity Ordinance No. • Section 2. Section 4 -201 of the Brooklyn Center Ordinances is hereby amended as follows: Section 4 -302. SANITARY SEWER CONNECTION PROCEDURES AND REGULATIONS. Subdivision 1. Permit Application. Any property owner desiring a permit to connect to dwelling or other building to the sanitary sewer system of the City of Brooklyn Center shall. apply therefor, through a licensed plumber, at the City department of planning and inspection. Subdivision 2. Sp °eia Ass esstneft t If.:;:iuv. Pavment of Connection Charge. The speeia4 assessment reeor6 of the prerfAses shall be CazM'YO44&de vmiine if an- asse�r 1�.:1:.d a , the event there are deferred as oasrncn' pre rises, Met Prior to issuance of a connection permit the applicant shall be required to nay connection charge in fulls b. Com i to the spreaft of stteh ehwge against his property in the form of 1 assessment for a period of not to exeeed 20 years ;.I-JL ed zd v . installm -be speeit4 assessment iiftrest rate established by the F 3uli�.i1. Section 3. Section 4 -103 of the Brooklyn Center Ordinances is hereby amended as follows: Section 4 -103. PUBLIC UTILITIES FUND.. There shall be maintained within the City accounting system separate funds established for-each distinct utilitv. All monies collected by the public utilities division shall be deposited in sueh the appropriate fund. Each fund shall be used to meet all the expenses for operation, maintenance, repair, plant expansion, and administration of divisie that fund. Section 4. Sections 4 -201, 4 -204, 4 -205, 4 -302, 4 -304, and 4 -305 of the Brooklyn Center Ordinances are hereby amended by deleting all references to the "department of planning and inspection" and substituting "community development department" therefor. Section 5. Sections 4 -102 and 4 -201 of the Brooklyn Center Ordinances are hereby amended by deleting all references to the "public utilities superintendent" and substituting "public utilities supervisor" therefor. Ordinance No. Section 6. Section 4 -303 of the Brooklyn Center Ordinances is hereby amended as follows: Section 4 -303. CONDITIONS OF USE. The public utilities division shall regulate the discharge of waste through the sanitary sewer system pursuant to standards 'established by the State of Minnesota, the MetwPolitan Sewer Board Metropolitan Council Environmental Services, and the Brooklyn Center public Dili - works department. Section 7. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2000. i Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) • City Council Agenda Item No. 10i City of Brooklyn Center A great place to start. A great "place to stay. To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael I McCauley City Manager Date: October 19, 2000 Re: Annual Review I would suggest conducting the annual review as part of the November 20th work session as the last item on the agenda or at a special meeting to follow the Truth in Taxation Hearing on December 4th. The Council also mentioned conducting the review before a 6:00 p.m. meeting. That could be scheduled before the November 13th, 20th, or 27th meetings as a special meeting, but the earlier time may present problems for some council members. • 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 1 Equal Opportunities Employer