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Home My WebLink About2000 11-27 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION November 27, 2000 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. Video games at Community Center 3. Miscellaneous 4. Adjourn City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: November 22, 2000 Re: Video Games at Community Center Jim Glasoe has removed video games that, while rated for, general ages, have guns and/or violence as part of the video game. Mr. Glasoe is working on a general policy that would affirm a violence free theme for video games etc. at the Community Center. We anticipate providing the Council with a report on this at the December 11th meeting for Council affirmation of this direction. 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 ' i � MEMORANDUM � ' DATE: November 22.2OOO TO: Michael J. McCauley, City Manager � FROM: Jim Glasoe. Director of Community Activities, Recreation and Services ",ec-?"mmiini+y r'm"+p' � � � During the past few years, staff have received many comments and @ few complaints regarding the video games ad the Community Center. Most ofthese comments/complaints have been related to the age appropriateness of the games � and/or their rnoteho| montent � � � In response to these concerns, staff have worked closely with our arcade game vendor to determine the suitability of the games and to remove games that were most objectionable. However, in spite of our efforts, additional concerns have recently been brought forward regarding the violent content of some of these games. To alleviate the immediate � concern, and to allow for direction from the City Council, I have directed our vendor to � remove all of the video games that contain violent content. � « The video game industry has seen unprecedented growth in game sales and popularity over the past 25+years. Since the original games ofPung and Peo Man, new technologies and the invention of home video systems have created games with environments that are very realistic. Since these games are very popular with children, concern over the material content of these games became an issue for parents in the � early 1990's. |n response 10 these concerns, the Federal Government pressured the video gonna industry toestablish avo|untary rating system, which it did in 1994. In discussions with our vendor, we became aware of this rating system for video » games. Similar ta music and movies, video games are rated for their content and . appropriateness for certain age groups. \8Aa verified that all games sdthe Community Center were rated oo appropriate for all audiences. However, even though some games were rated as appropriate for all ages, some material content did portray shooting and killing, jet fighter fights and use ofa simulated machine gun. � � � _.._. , w...�w_..�� ' Mic ael McCau ey - VI[�Ed.V�11PD With the recent reports of shooting in our schools, increased concern over violence in the media and as many parents may have been unaware of these games and their content, we made the decision to eliminate the games until they could be carefully considered. The Community Center has, since its opening, been a meeting place for seniors, families and children. It has been a "family friendly " environment where parents can feel that their children are safe. In the near future, we plan on making significant expenditures for improvements to the Community Center. It is our hope that these improvements will further solidify the Community Center as The recreational choice for residents of all ages. With these thoughts in mind, staff recommends the City Council consider a resolution designating the Community Center as a "Family Friendly" environment and supporting the elimination of video games with violent or questionable content. j CITY COUNCIL MEETING • City of Brooklyn Center November 27, 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 in the minutes 1. November 13, 2000 — Study Session 2. November 13, 2000 — Regular Session b. Licenses - Liquor and Pawn Shops C. Resolution Amending the Schedule for Amusement Device License Fee d. Resolution Establishing the 2001 Street and Storm Drainage Special Assessment Rates • CITY COUNCIL AGENDA -2- November 27, 2000 • e. Resolution Authorizing Execution of an Agreement to Lease Space on Water Tower #3 to XM Satellite Radio Inc. for the Purpose of Installing Digital FM Radio Antennas f. Resolution Approving City of Brooklyn Center Workplace Accident and Injury Reduction Program and Rescinding Resolution 90 -99 Approving City of Brooklyn Center Safety Manual 7. Highway 100 a. Presentation by SEH - questions from City Council b. Hydrology Presentation by Barr Engineering - questions from City Council Staff I': ese. :avone - questions from City Council d. Public Comments Directed to City Council -a limit of five minutes per speaker to allow everyone an opportunity to comment, with one additional opportunity to make brief comments "(two minutes) after everyone has been afforded an opportunity to address the City Council • e. City Council Follow -up Questions to SEH, Barr Engineering, and City Staff f. Motion to Adopt Resolution Selecting Design for France Avenue 8. Public Hearings a. An Ordinance Amending Chapter 12 of the City Ordinances Regarding Compliance Order -This item was first read on October 23, 2000, and if offered this evening for second reading and public hearing. *Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. CITY COUNCIL AGENDA -3- November 27, 2000 • b. An Ordinance Amending the Water and Sanitary Sewer Hookup Charge Policy - Resolution Amending the Special Assessment Policy Regarding Water and Sanitary Sewer Hookups -This item was first read on October 23, 2000, and is offered this evening for second reading and public hearing. • Requested Council Action: -Open the public.hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 9. Council Consideration Items a. Proclamation Declaring World Aids Day on December 1, 2000 *Requested Council Action: - Motion . y ad(.:4t proclamation. b. Resolution Canceling Special Assessment Against US Postal Service Property *Requested Council Action: - Motion to adopt resolution. C. Resolution Authorizing the City to Donate Outdated Computer Equipment to the Minnesota Computer for Schools Refurbishing Program and Dispose of All Computer Equipment that Does Not Meet Program Standards By Following Hennepin County Waste Disposal Guidelines *Requested Council Action: - Motion to adopt resolution. d. 2001 Public Utility Rate Study - Resolution Adopting the 2001 Water Utility Rate Schedule - Resolution Adopting the 2001 Sanitary Sewer Utility Rate Schedule - Resolution Adopting the 2001 Storm Drainage Utility Rate Schedule - Resolution Adopting the 2001 Recycling Rates - Resolution Adopting the 2001 Water and Sanitary Sewer Connection Rates •Requested Council Action: - Motion to adopt resolutions. e. Resolution Expressing Recognition for and Appreciation of the Public Service of Organizations Participating in Brooklyn Center's Adopt -A- Park, Adopt -A- Trail, and Adopt -A- Street Programs • Requested Council Action: - Motion to adopt resolution. • CITY COUNCIL AGENDA 4- November 27, 2000 f. Resolution Authorizing Matching Funds for Local Law Enforcement Block Grant *Requested Council Action: - Motion to adopt resolution. g. Regulation of Use of City Property *Requested Council Action: -None, discussion only. h. Resolution Approving Agreement for Release of Deficiency, Assessment, and Contract for Private Development Agreements Relating to Lot 2, Block 1, Brooklyn Farm Subdivision *Requested Council Action: - Motion to adopt resolution. i. Recertion _:^r Council ncm? •er al '::tzo n... _ •Requested Council Action: - Motion to schedule reception for Councilmember Hilstrom on December 11, 2000, following the City Council meeting. 10. 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 NOVEMBER 13, 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, CouncilmembM Debra I--ailstr a. -n, Kay Lasman, and Ed Nelson. Council Member Robert Peppe was absent and excused. 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 suggested tabling City Council Consideration Item 9g and HRA agenda item 4a, Resolution Releasing Deficiency Agreement and Assessment Agreement on Lot 2, Block 1, Brooklyn Farm Subdivision to the November 27, 2000, City Council and HRA meetings. It was the consensus of the Council to table this item to November 27, 2000. Council discussed several items for the City Council, the EDA, and the HRA agendas. It was the consensus of the Council after these discussions that City Council Consideration Item 9b, Resolution Adopting Goals for 2001, be amended. SELECTION OF TOP FIVE LEGISLATIVE PRIORITIES FOR LEAGUE OF MINNESOTA CITIES Council discussed the League of Minnesota Cities list of Legislative priorities for 2001. It was the consensus of the Council that the following would be the top five priorities for 2001: State -Local Fiscal Relations State Shared Revenues Sales Tax Local Government Purchases Right of Way Management Unfunded Mandates • 11/13/00 -1- DRAFT MISCELLANEOUS Council discussed parking on City streets, a new Clergy Association being formed, and a letter that was sent on behalf of the Fire Department. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to adjourn the study session at 6:40 p.m. City Clerk Mayor 11/13/00 -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 NOVEMBER 13, 2000 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met for informal open forum at 6:40 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, and Ed Nelson. Councilmember Robert Peppe was absent and excused. 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. Wayne Paulson, 5330 Colfax Avenue North, addressed the Council to request a four -way stop sign at 53` Avenue North and Bryant Avenue North and information regarding the home at 57' Avenue and Humboldt. Mr. Paulson also took the opportunity to thank the City for putting stop signs at 55` Avenue North and Dupont Avenue North Mike McLennan, 3930 51 ' Avenue North, addressed the Council to commend the City on the street signs throughout the City and to congratulate Councilmember Debra Hilstrom. Bob Hill, 4701 East Twin Lake Boulevard, addressed the Council to inquire about the individual to contact at Mn/DOT regarding a retaining wall for the Highway 100 project. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to adjourn informal open forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION Jerry Blarney on behalf of Cross of Glory Lutheran Church offered the invocation. • 11/13/00 -1- DRAFT i 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, and Ed Nelson. Councilmember Robert Peppe was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Mayor Kragness congratulated Councilmember Hilstrom on her ;Mate ;,presentative position, and Councilmember Lasman and Peppe on their reelected seats on the Council. Mayor Kragness reported that on November 19, 2000, there will be an Ecumenical Thanksgiving Service at Cross of Glory Lutheran Church. Councilmember Nelson reported that he attended a workshop for welcoming new immigrants on October 23, 2000, and that there was a significant turnout. On November 1, 2000, he attended the 25 Anniversary of the Volunteers in Action for School District 281 and that there is a new location for the meetings at Winnetka Learning Center. On November 9, 2000, he attended the Metropolitan Aircraft Sound Abatement Council meeting. Councilmember Nelson shared that the Northwest Suburbs Cable Commission public hearing will be held on November 16, 2000, at 7:30 a.m., and that U S Representative Ramstad entered into a Congressional record a commendation of the Brooklyn Center Lions' Club 46 years of Community service. Councilmember Nelson commended the Earle Brown Heritage Center (EBHC) on its promotional mailings. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to approve the agenda and consent agenda. Motion passed unanimously. 11/13/00 -2- DRAFT 6a. APPROVAL OF MINUTES A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to approve the minutes from the October 23, 2000, study and regular sessions, and the November 8, 2000, special session. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. CHRISTMAS TREE SALES LOT PQT Company 21050 Lake George Boulevard NW, Anoka MEC- IA1� - AL, Brooklyn Aire Heating and Cooling 8862 Zealand Avenue North, Brooklyn Park Master Gas Fitters Inc. 2240 Shawnee Drive, North St. Paul RENTAL Renewal: Twin Lakes Manor Twin Lakes Properties, LLP Initial: 5501 Brooklyn Boulevard Douglas Anderson (Mains' 1 Services) 6511 and 6521 Humboldt Avenue North Norlin Boyum (The Pines LLC) 5240 Drew Avenue North James and Melanie DeBellis SIGN HANGER Omega Construction, LLC 5421 Feltl Road, Minnetonka TAXICAB Abdiaziz Abukar 11395 West Wind Drive #A, Eden Prairie Charles Ude 3615 McKinley Street NE, Minneapolis Chukwudi Okeke 5252 West 98th Street, Bloomington 6e. APPROVE APPLICATION TO CONDUCT EXCLUDED BINGO AT ORCHARD LANE ELEMENTARY SCHOOL ON NOVEMBER 16, 2000 A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to approve the application to conduct excluded bingo at Orchard Lane Elementary School on November 16, 2000. Motion passed unanimously. . 11/13/00 -3- DRAFT 6d. RESOLUTION AUTHORIZING THE TRANSFER OF SURPLUS FUNDS FROM THE GENERAL FUND TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND AND THE CAPITAL IMPROVEMENTS FUND RESOLUTION NO. 2000-178 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER OF SURPLUS FUNDS FROM THE GENERAL FUND TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND AND THE CAPITAL IMPROVEMENTS FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6e. RESOLUTION AWARDING A CONTRACT FOR DENTAL INSURANCE FOR CITY EMPLOYEES RESOLUTION NO. 2000-179 Councilmember Hilstrom introduced the following resolution and moved its adoption: • RESOLUTION AWARDING A CONTRACT FOR DENTAL INSURANCE FOR CITY EMPLOYEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6f. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999-10, CONTRACT 1999 -J, STREET IMPROVEMENTS, CAMDEN AVENUE AND 66 AVENUE IMPROVEMENTS AND SIGNALIZATION RESOLUTION NO. 2000-180 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -10, CONTRACT 1999 -J, STREET IMPROVEMENTS, CAMDEN AVENUE AND 66 AVENUE IMPROVEMENTS AND SIGNALIZATION 11/13/00 -4- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6g. SITE PERFORMANCE GUARANTEE RELEASE FOR BROOKDALE CORNER REDEVELOPMENT A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to approve the site performance guarantee release for Brookdale Corner Redevelopment. Motion passed unanimously. 6h. RESOLUTION AUTHORIZING PURCHASE OF FIVE 2001 FORD CROWN VICTORIA SQUAD CARS APPROVED IN THE 2001 CAPITAL OUTLAY BUDGET RESOLUTION NO. 2000-181 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF FIVE 2001 FORD CROWN VICTORIA SQUAD CARS APPROVED IN THE 2001 CAPITAL OUTLAY BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6i. RESOLUTION CORRECTING YEAR 2000 LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND TEAMSTERS LOCAL NO 320 RESOLUTION NO. 2000 -182 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CORRECTING YEAR 2000 LABOR AGREEMENT BETWEEN THE CITY OF BROOKLYN'CENTER AND TEAMSTERS LOCAL NO 320 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 11/13/00 -5- DRAFT 6j. RESOLUTION APPROVING CHANGE ORDER NO. I, ACCEPTING WORK • PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1999 -01, 02, AND 03, CONTRACT 1999 -A, SOUTHEAST NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2000-183 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1999 -01, 02, AND 03, CONTRACT 1999 -A, SOUTHEAST NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resoiutior, was duly Deco., - --, ed by Councilmember Nelson. Motion passed unanimously. 6k. PROCLAMATION RECOGNIZING VETERANS DAY, NOVEMBER 11, 2000 A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to adopt proclamation recognizing Veterans Day, November 11, 2000. Motion passed unanimously. • 7. APPEARANCES 7a. REPORT AND PRESENTATION TO CITY COUNCIL ON HIGHWAY 100 PROJECT AND RELOCATION OF FRANCE AVENUE Glen Van Wormer, SEH Manager of Transportation Engineering Group, presented to the Council four concepts for the France Avenue relocation. The first concept is the retention of France Avenue in place except for raising the grade to meet the raised grade of the railroad tracks, and relocation of the access onto Lakebreeze Avenue to point further west. The second concept is relocation of France Avenue using an extension of 50` Avenue, Azelia Avenue, and Lakebreeze Avenue. Two alternatives had been used for concepts three and four. Concept three is a connection from Lakebreeze Avenue north as a frontage road to the west side of Highway 100 with a grade separation from the railroad track. Concept four follows the same alignment south of the railroad tracks but then goes through an "S" curve to reconnect to France Avenue north of 50` Avenue. Mr. Van Wormer compared the four concepts that included costs, impact of right -of -way, geometries, railroad concerns, travel impacts, and traffic volume distribution. 11/13/00 -6- DRAFT Council discussed the four concepts with Mr. Van Wormer and requested to have layouts of the four ® designs provided for them to help further study the project. Dr. Jeff Stevens, STS Consultants, provided a brief history of his background before making a presentation on the environmental issues relating to the project. Mr. Stevens informed the Council that the MPCA did a Risk Assessment on the Joslyn property and the remediation that has caused the site to meet PCA and EPA standards for commercial uses, and even to residential standards in some areas. Val Svensson, Project Manager for Mn/DOT, discussed the funding issues of the project and that the money allocated for this project will expire in June of 2003. Council discussed the following with Ms. Svensson: When the project would need to commence before losing the money. Ms. Svensson informed the Council that the letting of construction would reed to take rlace by� W ch 02003 . Mayor Kragness discussed the Council would open the meeting up to public comments and that each person would be allowed five minutes to comment, with one additional opportunity to make a brief comment of two minutes after everyone had been afforded an opportunity to address the City Council. Charles Nichols, 4812 Lakeview Avenue North, addressed the Council to inform them that he likes the frontage road concept and that he did not like the 30 year clean-up on the Joslyn site, the amount of dirt that will be raised, the concept of the land safeness, and feeling rushed to make a decision on the project. Wayde Lerbs, 5107 East Twin Lake Boulevard, wished to thank SEH for all the work done to date on the project and share his concern about the toxicity on the project. Nancy Dillon, 5444 East Twin Lake Boulevard, addressed the Council to ask what rights the City has regarding an additional track. Mike McLennan, 3930 51s` Avenue North, addressed the Council to commend SEH on the work done and share his feelings regarding the concepts and process. Bob Hill, 4701 East Twin Lake Boulevard, addressed the Council regarding the funding for the project. Diane Niesson, 5107 East Twin Lake Boulevard, address the Council to thank them for listening and share her comments on the additional railroad. Ms. Niesson asked the Council to continue to help with the project. • 11/13/00 -7- DRAFT i Ronnie Brunner, 4701 East Twin Lake Boulevard, addressed the Council to share her concerns about the contamination, wetland area impacted, railroad, and funding. Ms. Brunner informed the Council that she was in favor of concept three. Paul Oman, 5239 East Twin Lake Boulevard, addressed the Council to share that he was in favor of the option with multi grade and that he hopes the money that had been allocated for the project will not be used for an interchange. Donna Zieska, 5455 Brooklyn Boulevard, addressed the Council to thank them and share that she believes the service road is a good idea and that Brooklyn Center deserves the best. Mac Hyde, Partner of Real Estate Recycling, addressed the Council to discuss that Real Estate Recycling, not Joslyn, hired Dr. Stevens and that since Mr. Stevens had been working with them, the project has substantially improved. Beth Neuendorf, Mn/DOT Re- deginer, addressed :.'ie Council to further discuss the funding options and that the possibility of having a median crossing, may help to eliminate the noise of the railroad. Dave Jents, 3907 52 Avenue North, addressed the Council to inquire about pedestrian overpasses. Mayor Kragness asked if there was anyone that would like to readdress the Council and the following took the opportunity to readdress the Council: Ms. Niesson feels the Joslyn site is an issue of safety from the contaminants, truck traffic needs to be addressed, and that she hopes the Council will consider the best option. Mr. Nichols, questioned the frontage and what Mn/DOT is suggesting. Mr. Lerbs, feels safety and the drainage are issues that need to be reviewed. Mr. Hill, shared that he does not understand the concept of the funding, and stated that he believes Mn/DOT should pay for the realignment construction. Mr. Van Wormer, Mr. Stevens, and Ms. Svensson answered some of the questions from the public and the Council. Council requested that maps and utility relocation costs be provided to the Council to help them review and study the project for the next discussion of the project which will be on November 27, 2000. Councilmember Hilstrom left the table at 9:35 p.m. and returned at 9:36 p.m. 11/13/00 -8- DRAFT 7b. MR SAM BAXTER Mr. Sam Baxter addressed the Council to discuss a proposed go -cart and other amusement device facility. Council discussed the proposed facility and the issue of the air quality and noise. Mr. Baxter informed the Council that the air quality and noise have been considered and would not be of any problem. Mr. McCauley advised that this type of use is not permitted in the industrial areas, but is permitted in commercial areas. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to direct the Planning Commission to review the City's zoning code and advise if there was a reason to consider modification or not. Motion passed unanimously. 7e. MR. WAYNE PAULSON City Manager Michael McCauley discussed that Wayne Paulson had previously approached the City Yn p Y pp Council at Open Forum regarding barking dogs being removed from the residence. Several cities were surveyed regarding this issue and the City of Minnetonka is the only city that removes animals from the premises if the resident is not home. Police Chief Joel Downer reviewed this issue and is comfortable with the concept of removing dogs from an open area or yard that are barking in violation of the City Ordinance and no one is present to deal with the dog. Mr. McCauley suggested that the Council request the City Attorney to review the ordinance to see if amendments can reasonably be made to facilitate police authority to remove a dog. Wayne Paulson, 533 0 Colfax Avenue North, addressed the Council to suggest a few things regarding the ordinance amendment and thank the Council for considering his request. Mayor Kragness informed Mr. Paulson that the City Attorney will be reviewing the ordinance. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO AMUSEMENT DEVICES Mr. McCauley discussed there had been a legal challenge to the fee for amusement vendors license and that the City Attorney reviewed the issue and suggested an ordinance amendment that would eliminate the amusement vendors license entirely. 11/13/00 -9- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2000-12 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO AMUSEMENT DEVICES The motion for the adoption of the foregoing was duly secotidod by Councilmember Nelson. Motion passed unanimously. 8b. CONSIDERATION OF RENEWAL APPLICATION FOR A CURRENCY EXCHANGE LICENSE FROM COMMUNITY MONEY CENTERS, INC. DBA MONEY CENTERS, 6219 BROOKLYN BOULEVARD - RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO COMMUNITY MONEY CENTERS, INC. DBA MONEY CENTERS, 6219 BROOKLYN BOULEVARD, BROOKLYN CENTER Mr. McCauley discussed that the Minnesota Department of Commerce had received an application from Community Money Centers, Inc. dba Money Centers to renew its currency exchange license to operate at 6219 Brooklyn Boulevard and that it had been forwarded to the City for review. A review had been done and a resolution was prepared to authorize the issuance of the renewal. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2000-184 Councilmember Nelson introduced the following resolution and moved its adoption: 11/13/00 -10- DRAFT RESOLUTION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO COMMUNITY MONEY CENTERS, INC. DBA MONEY CENTERS, 6219 BROOKLYN BOULEVARD, BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR ANNUAL HOLLY SUNDAY ACTIVITIES RESOLUTION NO. 2000-185 _ Councilmember Hilstrom introduced the following resolution and moved its adore. tion: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR ANNUAL HOLLY SUNDAY ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9b. RESOLUTION ADOPTING GOALS FOR 2001 Mr. McCauley reviewed the goals for 2001 and discussed that goal 11 had been amended to read the following: 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: • Undertaking accomplishment of this goal in the Central Business District with the use of consultants who would facilitate public meetings and perform studies that would assist the City Council in developing a framework RESOLUTION NO. 2000-186 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ADOPTING GOALS FOR 2001 11/13/00 -11- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9c. RESOLUTION AUTHORIZING CITY MANAGER TO APPOINT DATA PRACTICES COMPLAINCE OFFICIAL Mr. McCauley discussed that this resolution would authorize the City Manager to appoint a data practices compliance official that is required by Minnesota Statutes, Section 13.05 Subd. 13. RESOLUTION NO. 2000-187 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CITY MANAGER TO APPOINT DATA PRACTICES COMPLAINCE OFFICIAL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9d. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES REGARDING LICENSING OF RENTAL UNITS Mr. McCauley discussed that this ordinance amendment added date of birth and first, middle and last name. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading of ordinance amending Chapter 12 of the City Ordinances regarding licensing of rental units and setting second reading and public hearing for December 11, 2000. Motion passed unanimously. 9e. RESOLUTION PROVIDING FOR THE EXECUTION AND DELIVERY OF TWO SUPPLEMENTAL INDENTURES OF TRUST RELATING TO TWO SERIES OF REFUNDING REVENUE BONDS PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152 TO 469.1651, ON BEHALF OF BROOKDALE TWO LIMITED PARTNERSHIP Mr. McCauley discussed that this resolution would provide for the execution and delivery of two supplemental indentures of trust relating to two series of refunding revenue bonds pursuant to Minnesota Statues, Sections 469.152 to 469.165 1, on behalf of Brookdale Two Limited Partnership, and that this resolution would be for final actions on the properties. 11/13/00 -12- DRAFT RESOLUTION NO. 2000-188 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE EXECUTION AND DELIVERY OF TWO SUPPLEMENTAL INDENTURES OF TRUST RELATING TO TWO SERIES OF REFUNDING REVENUE BONDS PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152 TO 469.165 1, ON BEHALF OF BROOKDALE TWO LIMITED PARTNERSHIP The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9f. RESOLUTION APPROVING CONTRACT AMENDMENT WITH LOCAL 49 OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS Mr. McCauley discussed that this resolution would appro'v t ic.: ontract amendment with Local 49 of the International Union of Operating Engineers. RESOLUTION NO. 2000-189 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AP H PROVING CONTRACT AMENDMENT WITH LOCAL 49 OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9g. RESOLUTION RELEASING DEFICIENCY AGREEMENT AND ASSESSMENT AGREEMENT ON LOT 2, BLOCK 1, BROOKLYN FARM SUBDIVISION This item was tabled to the November 27, 2000, City Council meeting. 10. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the City Council meeting at 10:03 p.m. Motion passed unanimously. City Clerk Mayor • 11/13/00 -13- DRAFT City Council Agenda Item No. 6b Revised City of Brooklyn Center • A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: November 21, 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 November 27, 2000. CHRISTMAS TREE SALES Malmborg's Inc. 5120 North Lilac Drive • RENTAL Renewal: 3606 58th Avenue N Daniel Soffa 5801 Brooklyn Boulevard Daniel Soffa 5809 Brooklyn Boulevard Daniel Soffa 5820 Logan Avenue N Dariush Danesh The Lilacs Apartments Dariush Danesh 7111 Riverdale Road Allan Olson 7112 Riverdale Road Allan Olson 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 - IN (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 ��po CE'AV BROOKLYN CENTER I* POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Joel Downer DATE: November 21, 2000 SUBJECT: Liquor Licenses and Pawn Shop License Renewal Attached please find a list of 2001 liquor licenses to be approved at the next council meeting. All licensed establishments in the city of Brooklyn Cei.,Lr were in compliance with regard to Brooklyn Center City Ordinances pertaining to establishments serving alcoholic beverages for 2000. Cash N Pawn, the only licensed pawn shop in the city of Brooklyn Center, was in compliance with the Brooklyn Center City Ordinance pertaining to pawn shops and secondhand goods dealers for 2000. Nothing was found at this time that would preclude the renewal of any current liquor or pawn shop license. JD:kh comp100.mem i 2001 Liquor Licenses CLASS A On- Sale IntoxicattnLF Liauor License (80% or greater food) &Sundav: GMRI, Inc. dba/ The Olive Garden Italian Restaurant # 1253 1601 James Circle North Brooklyn Center, MN 55430 0 CLASS B On Sale Intoxicatin g Liquor License (50 to 79% food) &Sundav: AMF Bowling Centers, Inc. dba/ AMF/Earle Brown Lanes 6440 James Circle North Brooklyn Center, MN 55430 Apple American Limited Partnership of Minnesota dba/ Applebee's Neighborhood Grill & Bar 1400 Brookdale Mall Brooklyn Center, MN 55430 Brooklyn Center Beverage, Inc. (Holiday Inn) dba/ Remington's 1501 Freeway Blvd Brooklyn Center, MN 55430 Chi - Chi's, Inc. dba/ Chi -Chi's Mexican Restaurante 2101 Freeway Boulevard Brooklyn Center, MN 55430 Davidson Hotel Properties dba/ Hilton Hotel 2200 Freeway Boulevard Brooklyn Center, MN 55430 GR of Minnesota, Inc. dba/ The Ground Round 2545 County Road 10 Brooklyn Center, MN 55430 Class B On -Sale Intoxicating (50% to 79% food) & Sundav - continued: TGI Friday's of MN, Inc. dba/ T.G.I. Friday's 2590 Freeway Blvd Brooklyn Center, MN 55430 Class F & Sundav On -Sale Intoxicating Liquor License Flik International Corp. dba/ Flik International Corp at Earle Brown Heritage Center 6155 Earle Brown Drive Brooklyn Center, MN 55430 On -Sale Club Intoxicating Liquor License: Duoos Bros. American Legion, Post 630 dba/ American Legion 4307 70th Avenue North Brooklyn Center, MN 55429 On -Sale Wine Licenses: Brooklyn Center Restaurant Inc. dba/ 50's Grill 5524 Brooklyn Boulevard Brooklyn Center, MN 55429 Denny's, Inc. dba/ Denny's Restaurant #1284 3901 Lakebreeze Avenue North Brooklyn Center, MN 55429 On -Sale 3.2 Malt Liquor Licenses: Brooklyn Center Restaurant Inc. dba/ 50's Grill 5524 Brooklyn Boulevard Brooklyn Center, MN 55429 • On -Sale 3.2 Malt Liquor Licenses - continued:, Donald Castleman dba/ Chuckwagon Grill 1928 57th Avenue North Brooklyn Center, MN 55430 City of Brooklyn Center Centerbrook Golf Course & Central Park 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Davanni's, Inc dba/ Davanni's Pizza and Hot Hoagies 5937 Summit Drive Brooklyn Center, MN 55430 Denny's, Inc. dba/ Denny's Restaurant # 1284 3901 Lakebreeze Avenue North Brooklyn Center, MN 55429 Scoreboard Pizza Inc. dba/ Scoreboard Pizza 6816 Humboldt Avenue North Brooklyn Center, MN 55430 Off -Sale 3.2 Malt Liquor Licenses: Diamond Lake 1994 L.L.C. dba/ Cub Foods 3245 County Road 10 Brooklyn Center, MN 55430 Holiday Stationstores, Inc. dba/ Holiday Stationstore #292 420 66th Avenue North Brooklyn Center, MN 55430 • Rainbow Food Group, Inc. dba/ Rainbow Foods #69 6350 Brooklyn Blvd Brooklyn Center, MN 55429 Off -Sale 3.2 Malt Liclu.or Licenses - continued: Speedway /SuperAmerica LLC S dba/ SuperAmerica #4160 6545 West River Road Brooklyn Center, MN 55430 Speedway /SuperAmerica LLC dba/ SuperAmerica #4058 1901 57th Avenue North Brooklyn Center, MN 55430 George Y. Gerges dba/ Value Food 6804 Humboldt Ave N Brookl� Center, MN 55430 License Totals: Class A =1, B = 7, F =1, Club =1, Wine = 2, On -Sale = 6, Off -Sale = 6, Sunday =9 Total Licenses = 33 41 liglic/licensee.lst 11 /00 2001 Pawn Shop License PAWNBROKER and /or SECONDHAND DEALER LICENSE: Cash n Pawn 1964 57th Ave N Brooklyn Center, MN 55430 566 -6552 pawn/licensee.1st 11/00 City Council Agenda Item No. 6c its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AMENDING THE SCHEDULE FOR AMUSEMENT DEVICE LICENSE FEES WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution No. 87 -31 on February 9, 1987, which established fees to be charged for various City licenses; and WHEREAS, the City Council adopted Ordinance No. 2000 -12 on November 13, 2000, which removed the licensing requirement for amusement device vendors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the City's fee schedule to remove the license fee established for amusement device vendors. Date Mayor ATTEST: City Clerk '-ie motion for the adoption of the foregoing resolution wag cid.y seccnded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6d MEMORANDUM DATE: November 22, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Establishing 2001 Street and Storm Drainage Special Assessment Rates In accordance with the City's Special Assessment Policy, the City Council annually establishes assessment rates for street improvf : Ent :1rojects. It is the intent of the Council that special assessments, are levied against any property that can be deemed to benefit from such an improvement. Assessments for residential properties are made on a unit basis which applies to all single family residential properties benefitting from any street improvement project that year, and are intended to represent a specific portion of the average cost of reconstructing a typical residential street. Assessments for non - residential or multiple family residential projects are computed separately for each project. For 2000 the Council adopted a unit rate for street reconstruction of $2 180 per parcel and for p P p storm drainage improvements $710 per parcel that provided for an average 38 percent of the project cost to be assessed. Staff recommends the proposed assessments for 2001 be increased to a per unit rate for street reconstruction of $2,290 per parcel and for storm drainage improvements of $750 per parcel. Total assessments for 2001 would then be $3,040 per parcel, compared to $2,890 in 2000, a 5.2 percent increase. These are the rates which would be needed to continue to assess about 38 percent of the project cost. The residential assessment rates for street reconstruction will apply to properties in R -1, R -2 or R -3 zoned districts. These rates will also be applied to parcels of property in other land use zones when such parcels (a) are being used as one - family or two - family residential sites at the time the assessment roll is levied; and (b) could not be subdivided under the then - existing Subdivision Ordinance. I i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING 2001 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES WHEREAS, Resolution No. 85 -34 established residential street and storm drainage special assessment rates for street reconstruction projects; and WHEREAS, the residential assessment rates are annually reviewed and approved by the City Council; and WHEREAS, the residential assessment rates should be adjusted annually to be effective January 1; and WHEREAS, the proposed street assesment rate for 2001 is equivalent to 38 percent of an average project cost; and WHEREAS, the R -4, R -5, R -6 and R -7 zoned districts should be assessed based on an evaluation of project cost and project benefit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The residential street and storm drainage special assessment rates for street reconstruction shall apply to properties in R -1, R -2 or R -3 zoned districts. These rates shall also be applied to parcels of property in other land use zones when such parcels (a) are being used as one - family or two - family residential sites at the time the assessment roll is levied; and (b) could not be subdivided under the then - existing Subdivision Ordinance. 2. The residential assessment rates for street reconstruction effective January 1, 2001 shall be as follows: Land Use 2001 Assessment Rates R -1 zoned, used as one - family $2,290 per lot (street) site that cannot be subdivided $ 750 per lot (storm drainage) Resolution No. Land Use 200lAssessment Rates R -2 zoned, or used as a two - family $30.53 per front foot with a site that cannot be subdivided $2,290 per lot minimum (street) $10.00 per front foot with a $750 per lot minimum (storm) R -3 zoned Assessable frontage x $30.53 (street) Na-.: giber of residential units Assessable frontage x $10.00 (storm) Number of residential units 3. The residential assessment rates for street reconstruction shall not apply to R -4, R- 5, R-6, or R -7 zoned districts. The assessment rates for street reconstruction for R- 4, R -5, R-6, or R -7 zoned property shall be based on an evaluation of the project cost and the project benefit for each project. Date Mayor ATTEST: City Clerk The motion for the adoption foregoing resolution was duly seconded b member, p on of the orego g y y , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6e MEMORANDUM DATE: November 21 2000 TO: Michael J. McCauley, City Manager FROM: Michael Krech, Public Works Specialist SUBJECT: Resolution Authorizing Execution of an Agreement to Lease Space on Water Tower #3 to XM Satellite Radio Inc. for the Purpose of Installing Digital FM Radio Antennas XM Satellite Radio Inc. has submitted an application to the City to place a digital radio antenna on water tower number three (Centerbrook Golf Course). The application was submitted along with the required $2,000 application fee. City st-:_'' XM Satellite Radio Inc., KLM Inc. (the City's water tower consultant), and the City Attorney have developed a site lease agreement. City staff is currently finalizing review of XM Satellite Radio's construction plans. XM Satellite Radio Inc. will not be issued a building permit until a Site Lease agreement is executed, staff approves the construction plans, XM Satellite Radio Inc. submits a $3,000 inspection escrow fund and XM Satellite Radio Inc. or their contractor submits a restoration bond to cover construction activities. I recommend the City of Brooklyn Center authorize execution of a Site Lease agreement with XM Satellite Radio Inc. for the purpose of installing and maintaining a digital radio antenna on water tower number three. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE ON WATER TOWER #3 TO XM SATELLITE RADIO INC. FOR THE PURPOSE OF INSTALLING DIGITAL FM RADIO ANTENNAS WHEREAS, XM Satellite Radio Inc., a Delaware corporation, has submitted to the City a request to lease space in and on City water tower number three, along with the required $2,000 application fee; and WHEREAS, as compensation for the use of City facilities, XM Satellite Radio Inc. agrees to pay annual lease payment of $16,785.56 for the first year, prorated for the first year then annually increased by the greater of 5 percent or the CPI, for twenty years, represented by one five year lease period with three five year renewals; and WHEREAS, XM Satellite Radio Inc., the Ciiy Attorney, KLM Inc. (the City's water tower consultant), and staff have negotiated a lease agreement which is consistent with the City's Policy Regarding Wireless Telecommunications Facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The lease agreement between XM Satellite Radio Inc. and the City of Brooklyn Center for the placing a digital radio antenna at water tower number three is hereby approved. The Mayor and City Manager are hereby authorized to execute said lease agreement. 2. All lease payments collected from said lease shall be deposited into the Water Utility Fund. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: . and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ................. • City of Brooklyn Center Site Lease Agreement ' with XM Satellite Radio Inc. fcr — Water Tower #3 For Satellite to Radio Frequency Repeater Broadcast TABLE OF CONTENTS . 1. Leased Premises 2. Rent (a) Amount. Adiustments (b) Time of Pavment. Taxes 3. Governmental Approval Contin2encv (a) Tenant Application (b) Interference Studv_ (c) Non- aDnroval 4. Term and Renewals 5. Tenant's Use (a) User Priority (b) Purposes (c) Construction (d)ODeration (e)Maintenance. Improvement Expenses (f)Replacements (g)Drawings (h)No Interference (i) Access O)Pavment of Utilities 6. Emergencv Facilities 7. Additional maintenance Expenses 8. Defense and Indemnification (a) General (b) Hazardous Materials (c) Tenant's Warranty 9. Insurance (a) Workers' Compensation (b)General Liability (c)Automobile Liabilitv (d)Tenant Property Insurance (e)Hazardous Materials Coverage (f)Adiustment to Insurance CoveraEe Limits (g)Additional Insured - Certificate of Insurance 10. Damage or Destruction 11. Lease Termination (a) Events of Termination (b) Notice of Termination (c)Tenant's Liability for Earlv Termination (d)Site Restoration 12. Limitation of Landlord's Liability 13. Temporary Interruptions of Service 14. Tenant Interference . (a) With Structure (b) With Hiiiher Prioritv Users (c) Interference Studv - New Occupants (d) Interference - New Occup_ ants 15. Assienment 16. Condemnation 17. Disputes 18. Enforcement and Attorneys' Fees 19. Notices 20. Authority 21. Bindine Effect 22. Complete Lease; Amendments 23. Governinu Law 24. Severabilitv 25. Memorandum 26. Waiver of Landlord's Lien 27. Warranty of Title and Ouiet Eniovment 28. AcknowledLyement of Prior Lease • City of Brooklyn Center Lease Agreement SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT ( "Lease "), made this _ day of 2000 between City of Brooklyn Center, a Minnesota Municipal Corporation ('Landlord "), whose address is 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 and XM Satellite Radio Inc., a Delaware Corporation ( "Tenant "), whose address is 1500 Eckington Place, N.E., Washington, D.C. 20002 -2194. For good and valuable consideration, the parties agree as follows: 1. Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's property ( "Property "), located at 5401 Vincent Ave. N., Brooklyn Center, MN 55430. City of Brooklyn Center, County of Hennepin, State of Minnesota, legally described in Exhibit A attached hereto, subject to any and all existing easements, and a portion of Water Tower #3 or other structures ( "Structure ") , as more particularly shown it Exhibit B attached hereto, on which directional antennas, connecting cables and appurtenances will be attached and located, the exact location of each to be reasonably approved by Landlord's City Engineer, together with appurtenant easements and access rights ( "Leased Premises "). 2. Rent. (a) Amount. Adiustments. As consideration for this Lease, Tenant shall pay Landlord an annual rent in the amount of sixteen thousand seven hundred eighty five dollars and fifty six cents ($16,785.56) for the initial year, which shall be increased each year on January 1, by five percent (5 %) of the previous year's annualized rental. (b) Time of Pay_ ment Taxes. Landlord shall communicate all rental increases to the Tenant in writing by the preceding December 1 of each year. The annual rental shall be paid before January 1 of each year. For the first year, the rental shall be pro rated through December 31 and shall be paid to Landlord in full at the time Lease is executed. If the Tenant does not meet the requirements referenced in Subparagraph 3(a) below within thirty (3 0) days of final execution of this Lease, Landlord shall refund the Tenant rental payment made at the time of Lease execution and this Lease shall terminate. Landlord agrees to notify Tenant of any taxes or other charges imposed upon the property by a governmental agency. In addition to the annual rental, Tenant agrees to timely pay its pro rata share of any taxes or other charges imposed upon the property by a governmental agency required as a result of this Lease and all other payments required herein. 3. Governmental Approval Contineencv. (a) Tenant Annlication. Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that • may be required by any federal, state, or local authority. This shall include the engineering studies specified in Subparagraph 3(b) below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such November, 2000 Page 1 City of Brooklyn Center Lease Agreement approvals. ® (b) Enaineerin2 Studies. Before obtaining a building permit, Tenant must submit a study or studies that shall address, but not be limited to the following: (i) a radio frequency interference study carried out by an independent and qualified professional approved by the Landlord showing that Tenant's intended use will not interfere with any existing communications facilities and (ii) an engineering study showing that the presence of the Tenant's Facilities, as defined in Subparagraph 5 (b), will not prejudice the use of the Structure, inhibit the Landlord's operation and maintenance of the facility and its appurtenances, inhibit access, nor damage the Structure, its coatings, or its appurtenant facilities. If Landlord concludes after review of the study that there is a potential for interference that cannot be reasonably remedied, or for prejudice to the Structure or its use, Landlord may terminate this Lease immediately and refund the initial rental to Tenant. (c) Non - approval. In the event that any application necessary under Subparagraph 3(a) above is finally rejected or any certificate, permit, license, or approval issued to Tenant is canceled, exf;«es, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant will be unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed pro rata based on the effective date of the termination, for the annual rental payment if made pursuant to Subparagraph 2(b) above. Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt, and receipt by the Landlord of the performance bond, irrevocable letter of credit, or other security required by paragraph I I (d). Upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other except for obligations for payments of money incurred prior to the effective date of termination and except for any other obligations which, by the terms of this lease, are to survive termination. 4. Term and Renewals. The "Initial Term" of this lease shall commence on the date in the first paragraph of this Lease ( "Effective Date %) and end on December 31 of the fifth calendar year of the Lease including any first partial year. Subject to the terms and conditions of this Lease, Tenant shall have the right to extend this Lease for three (3) additional five (5) year renewal periods ( "Renewal Term ") commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. This Lease shall be automatically renewed for each successive Renewal Term unless Tenant sends written notice of non - renewal to Landlord no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice provided in accordance with Paragraph 19 of this Lease. 5. Tenant's Use. (a) User Prioritv. Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: 1. - Landlord; November, 2000 Page 2 City of Brooklyn Center Lease Agreement 2. Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the Landlord; 3. Other governmental agencies where use is not related to public safety; and 4. Tenant and other Government - regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters. (b) Purposes. Tenant shall use the Leased Premises only for the purpose of installing, maintaining, and operating a communications antenna facility, equipment, cabinets and an accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. Tenant's use of the Leased Premises shall at all times be in compliance with those construction drawings attached hereto as Exhibit B, the approval of which is hereby acknowledged. Tenant's use of the Structure shall be non - exclusive, and Landlord specifically reserves the right to allow the Structure to be used by other parties and to make additions, deletioi,.s, o., modifications to its own facilities on the Property. Tenant's communication antenna facility shall consist of antennas centered at 182.0 fAGL, along with cables and appurtenances connected to an accessory building or cabinet located on the Leased Premises ( "Tenant Facilities "). As used in this agreement, the terms "accessory building" or "building" shall mean the fenced in compound and cabinets as shown in the drawings attached as Exhibit B. Landlord and Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. (c) Construction. Tenant may erect and operate an antenna array with u to twelve (12) Y p Y p antennas in accordance with its approved construction drawings attached as Exhibit B and those construction drawings attached as Exhibit B. Tenant may not increase the number of antennas beyond twelve (12) without first securing the approval of Landlord by written amendment to this Lease. (d) Operation. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Tenant Facilities on the Leased Premises in accordance with good engineering practices and with all applicable local, state, and federal laws, rules and regulations. Any damage done to the Leased Premises or other Landlord property including the Structure during installation or during operations, shall be repaired at Tenant's expense, said repairs to be undertaken immediately in the event the damage endangers the safe operation of the water tower, or within thirty (30) days in the event the damage does not endanger the safe operation of the water tower. If the Tenant fails to undertake or complete these repairs, the Landlord may repair the damage and charge the Tenant for all costs associated with the repair. The Tenant Facilities shall remain the exclusive property of the Tenant. (e) Maintenance. Improvement Exnenses. All modifications to the Leased Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including antenna, facilities and equipment, shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to the Leased Premises, and kept secured by Tenant. If Tenant's Facilities are mounted on the Structure they shall, at all times, be painted, at Tenant's expense, the same November, 2000 Page 3 City of Brooklyn Center Lease Agreement color as the Structure. The Tenant agrees to clean and/or repair any damage to the Leased Premises due to vandalism within three (3) days of notification of such damage. Furthermore, the Tenant agrees to pay all costs associated with said repair. If repair is not commenced within three (3) days notification, the Landlord may repair the damage and charge the Tenant for all costs associated with the repair. (f) Replacements. Before the Tenant may update, modify, or replace the Tenant Facilities other than as provided for in the construction drawings attached as Exhibit B, Tenant shall request the approval of the Landlord and provide detailed plans and specifications to Landlord. Tenant shall submit to Landlord such detailed plans and specifications for any such replacement facilities together with any other information reasonably requested by Landlord regarding such update, modification, or replacement; including but not limited to a technical study, carried out at Tenant's expense. Landlord may not unreasonably withhold approval nor restrict Tenant's ability to provide upgraded and enhanced communication service to its intended service area. Nothing herein shall be deemed to require approval by Landlord of any changes or modifications which will occupy more space on the Structure or the Property or otherwise impair of restrict Landlord's aviiity to lease space thereon to other existing or potential Tenants. (g) Drawings. Tenant shall provide Landlord with as -built drawings of the equipment and improvements installed on the Leased Premises, which show the actual location of all Tenant Facilities. Tenant shall not be required to list the equipment located within Tenant's building with the exception of any item which may be considered Hazardous Material as defined in paragraph 8(b) of this Lease. (h) No Interference. Tenant shall, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure and shall not interfere with the working use of the water storage facilities thereon or to be placed thereon by Landlord. (i) Access. Tenant, at all times during this Lease, shall have access to the Leased Premises in order to install, operate, and maintain its Tenant Facilities. Tenant shall notify Landlord of its intent to gain access to the Structure at least twenty -four (24) hours in advance, except in an emergency. Such access shall be coordinated with Landlord so as not to interfere with Landlord's maintenance or other activities. 0) Pavment of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith. 6. Emergencv Facilities. In the event of a natural or man made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Tenant Facilities and • install additional equipment on a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days in any calendar year unless Tenant obtains written approval from the Landlord. November, 2000 Page 4 City of Brooklyn Center Lease Agreement • 7. Additional Maintenance Ewenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Structure, that are caused by Tenant's occupancy of the Leased Premises. Tenant acknowledges the need for periodic maintenance of the Structure, including repair of the Structure and its coatings. Landlord agrees to provide sixty (60) days notice of commencement of maintenance activities. Tenant is responsible for any cost associated with the protection of the Tenant Facilities during these periodic or non - emergency maintenance activities. Tenant further agrees that the Landlord is not responsible for transmission lines during routine maintenance except for Landlords willful misconduct. Tenant may, at its own expense, test said lines before and after maintenance. 8. Defense and Indemnification. (a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes - of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease arising from Tenant's installation, maintenance, and operation of its Tenant Facilities or Tenants use of the Property, except those which arise solely from the negligence, willful misconduct, or other fault of Landlord. Tenant shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenant Facilities, equipment and related facilities on the Property. Landlord agrees to defend, indemnify and hold Tenant harmless from any and all costs (including reasonable attorney's fees) and claims of liability or loss which arise out of Landlord's use of the Leased Premises, except those which arise from the negligence, willful misconduct, or other fault of Tenant. Landlord shall not be obligated to indemnify Tenant in any amount in excess of the limitations of liability set forth in Minnesota Statutes, Chapter 466, less any amounts which Landlord is obligated to pay by reason of the liability of the Landlord, its officers, employees, and agents arising out of the same act or occurrence. (b) Hazardous Materials. Without limiting the scope of Subparagraph 8 (a) above, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises resulting from the Tenant's use of Hazardous Materials. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. Landlord represents that (1) that neither Landlord nor, to Landlord's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Property in violation of any law or regulation, and (2) that Landlord will ® not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Property in violation of any law or regulation. November, 2000 Page 5 City of Brooklyn Center Lease Agreement (c) Tenant's Warranty. Tenant represents and warrants that its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous Materials in violation of any law or regulation governing the use, transport, or storage of Hazardous Materials. Tenant agrees to notify the Landlord in writing within 48 hours of discovery of the existence of Hazardous Materials on the Leased Premises. The obligation of this Paragraph 8 shall survive the expiration or other termination of this Lease. 9.Insurance (a) Workers Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. (b) General Liability. The Tenant must maintain an occurrence form comprehensive general liability coverage. Such coverage shall include, but riot t.> limited to, bodily injury, property damage -- broad form, and personal injury, for the hazards of Premises /Operation, broad form contractual, independent contractors, and products /completed operations. The Tenant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $1,000,000 each occurrence; $1,000,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. Tenant will maintain Completed Operations coverage for a minimum of two years after the construction is completed. (c) Automobile Liability. The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $1,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non -owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverages. (d) Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to Tenant Facilities at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with November, 2000 Page 6 City of Brooklyn Center Lease Agreement any ordinance or law requirements. S e Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to () p tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company authorized to do business in the state of Minnesota, such insurance company to be reasonably acceptable to Landlord, which includes all coverages required in this paragraph 9. Tenant will name the Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not be canceled, non - renewed, or materially changed without thirty (30) days prior written notice to the Landlord. (f) Waiver of Claims. Subrogation. Each of Landlord and Tenant hereby releases the other from any and all liability or responsibility to the other or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage that may occur to the Leased Premises or any improvements thereto, or the Structure or any improvements thereto, or any property of such party therein, by reason of fire or any other cause which could be insured against under the terms of standard fire and extern _`ed coverage (all - risk) insurance policies, regardless of cause or origin, including fault or negligence of the other party hereto, or anyone for whom such party may be responsible. Each party shall cause each insurance policy obtained by it to provide that the insurer waives all rights of recovery by way of subrogation against either party hereto in connection with damage covered by such policy. The releases in this section will be effective whether or not the loss was actually covered by insurance. Tenant assumes all risk of loss or damage of Tenant's property or leasehold improvements within the Leased Premises, including any loss or damage caused by water leakage, fire, windstorm, explosion, theft, act of any tenant, or other cause. Landlord will not be liable to Tenant, or its employees, for loss of or damage to any property in or at the Leased Premises or the Structure. (g) Adjustment to Insurance Coverage Limits. The coverage limits set forth herein shall be increased at the time of any Renewal Term, so that the then value of the coverage taking into account inflation is at least equal to the value of the coverage existing on the date hereof. 10. Damaee or Destruction. If the Leased Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as, in Tenant's judgment, to hinder its effective use of the Tenant Facilities Tenant may elect to terminate this Lease upon 30 days, written Y p Y notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to a pro rata reimbursement of prepaid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. 11. Lease Termination. a Events of Terrain i Except as otherwise provided herein this Lease may O at on. p p y be terminated by either party upon sixty(60) days written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of November, 2000 Page 7 City of Brooklyn Center Lease Agreement default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); unless such default may not reasonably be cured within a sixty (60) day period in which case, this Lease may not be terminated if the defaulting party commences action to cure the default within such sixty (60) day period and proceeds with due diligence to fully cure the default, however, such period shall not, in any event, extend beyond one hundred twenty (120) days of receipt of written notice of default. (ii) by Tenant if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Tenant Facilities or Tenant's business; (iii) by Tenant for cause immediately upon notice to Landlord if the Leased Premises is or becomes unacceptable for technology reasons, including, without limitation, unacceptable RF plan, shadowing, or interference, under the Tenant Facilities, design or engineering specifications or the systems to which the Tenant Facilities belong; (iv) by Landlord, upon one (1) year's written notice to Tenant, if its Council decides, for any reason, to redevelop the Leased Premises in a manner inconsistent with the continued use of the Leased Premises by Tenant and/or discontinue use of the Structure for all purposes; (v) by Landlord if it determines that the Structure is structurally unsound, including, S but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; (vi) by Landlord if it determines that a potential user with a higher priority under Subparagraph 4(a) above cannot find another adequate location or the Landlord determines, after engineering studies, that the Tenant Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such interference was predicted in the initial interference study that was part of the application process, provided that the Landlord shall not at any time over the balance of the then existing Term and all unexpired Renewal Terms, lease the Leased Premises to another party with equal or lesser priority for the same use as that of the Tenant, unless such other party would not cause or contribute to the type of interference giving rise to the Tenant Facilities' interference with a higher priority. (b) Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt, except notice of Tenants intention to terminate this lease shall be effective upon Landlords receipt of such notice and the cash deposit, performance bond, or irrevocable letter of credit as set forth in section 11(d) hereof. All rentals paid for the Lease prior to said termination date shall be retained by Landlord unless such termination is due to breach by Landlord. (c) Tenant's Liability for Earlv Termination. If Tenant terminates this Lease for any other November, 2000 Page 8 City of Brooklyn Center Lease Agreement reason other than as expressly provided in this Lease, Tenant shall pay to Landlord as • liquidated damages for early termination, 150% of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 3 and Tenant has paid the annual rental for that year. (d) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shall immediately cease operation and use of the Antennas for communication purposes and shall have 60 days from the termination or expiration date to remove its Tenant Facilities, and related equipment from the Leased Premises, repair the site and restore the surface of the Structure. Upon notice of termination, Tenant shall deposit with Landlord in the form of cash, performance bond, irrevocable letter of credit, or other acceptable security the sum of $10,000, which shall be fully refunded to Tenant upon the timely removal of the Tenant Facilities and related equipment, the repair of the site and the restoration of the Structure surface to the reasonable satisfaction of the Landlord. If Landlord removes the Tenant Facilities or related equipment, Landlord must give written notice to the above entities at the addresses provided, informing them that Tenant Facilit ;.s or related property have been removed and will be deemed abandoned if not claimed and the storage fees and other reasonable costs paid within thirty (30) days. The obligations of this paragraph (d) shall survive the expiration or other termination of this Lease. 12. Limitation of Landlord's Liability. If Landlord terminates this Lease for any reason other than default by Tenant, or Landlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. 13. Temporary Interruptions of Service. If Landlord reasonably determines that continued operation of the Tenant Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency emissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. If tenant does not comply or cannot be reached in time to abate such immediate threat, Landlord may act to cause operations to cease. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Tenant Facilities, except as may be caused by the willful misconduct of the Landlord, its employees or agents and except if Landlord's determination is found by a court of competent jurisdiction to have been negligent. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion for cause and without the payment of any damages. is 14. Tenant Interference (a) With Structure. Tenant shall not interfere with Landlord's use of the Structure and agrees November, 2000 Page 9 City of Brooklyn Center Lease Agreement to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than three business days after receipt of written notice of the interference from Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate right to terminate this Lease for cause and without the payment of any damages. (b) With Higher Priority Users. If the Tenant Facilities cause impermissible interference with higher priority users as set forth under Subparagraph 5(a) above or with preexisting tenants, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Tenant Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Tenant received Landlord's written notice, Landlord or Tenant may at its option terminate this Lease immediately for cause and without the payment of any damages. (c) Interference Studv - New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area in close proximity to the Leased Premises area, Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies. (d) Interference - New Occupants. Landlord agrees that it will not grant a future lease in the Leased Premises area to any party who is of equal or lower priority to Tenant, if such party's use is reasonably anticipated to interfere with Tenant' s operation of its Tenant Facilities. Landlord agrees further that any future lease of the Leased Premises area will prohibit a user of equal or lower priority from interfering with the Tenant Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises area of equal or lower priority to Tenant to provide Tenant these same assurances against interference. Landlord shall have the right to cause the elimination of any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant's expense. 15. Assienment and SublettinLy. Tenant may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Landlord; provided, however, that Tenant may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in- interest or entity acquiring fifty -one percent (51 %) or more of its stock or assets, subj ect to any financing entity's interest. Landlord may ® assign this Agreement upon written notice to Tenant, subject to the assignee assuming all of Landlord's obligations herein. Notwithstanding anything to the contrary contained in this Lease, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest November, 2000 Page 10 City of Brooklyn Center Lease Agreement in this Lease to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 16. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the award paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by 'Tenani for relocation benefits or assistance. 17. Disputes. Any claim, controversy or dispute arising out of this Lease not resolved within ten (10) days following notice of the dispute, shall be submitted first and promptly to mediation. Each party shall bear its own costs of mediation and shall share equally the common costs of mediation. If mediation does not result in settlement within forty -five (45) days after the matter was submitted to mediation, either party may pursue all available remedies in any court of competent jurisdiction. 18. Enforcement and Attorne 's Fees. In the event that either a to this Lease shall bring v party g a claim in court to enforce any rights hereunder, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of such claim. 19. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to Landlord, to: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Attn: City Manager If to Tenant, to: XM Satellite Radio Inc 1500 Eckington Place, N.E. Washington, D.C. 20002 -2194 Attn: Mr. Joe Titlebaum 20. Authoritv. Each of the individuals executing this Lease on behalf of the Tenant or the • Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. November, 2000 Page 11 City of Brooklyn Center Lease Agreement 21. Binding Effect. This Lease shall run with the Property. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 22. Complete Lease; Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 23. Governing Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 24. Severabilitv. If any term of this Lease is found be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 25. Memorandum. Upon request by either parry, the parties agree to promptly execute and deliver a recordable Memorandum of this Lease in a form acceptable to both parties which may be recorded by the party requesting the Memorandum of Lease. 26. Waiver of Landlord's Lien. Landlord waives any lien right it may have concerning the Tenant Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. S 27. Warrantv of Title and Ouiet Eniovment. Lessor warrants that: (i) Lessor owns the Property in fee simple and has rights of access thereto and the Property is free and clear of all liens, encumbrances and restrictions; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Tenant that upon Tenant paying the Rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the Premises. 28. Acknowledgement of Prior Lease. The rights of Tenant under this Agreement are subject and subordinate to the rights of the tenant Nextel West Corporation, under that certain Site Lease Agreement by and between the City of Brooklyn Center and Nextel West Corporation, dated October 9, 2000. Tenant acknowledges receipt of a copy of said Site Lease Agreement. November, 2000 Page 12 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LANDLORD: City of Brooklyn Center, a Minnesota Municipal Corporation By: Mayor By: City Manager Tax ID #: 41- 5005011 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this da_y of 200_, by Myrna Kragness, Mayor, and Michael J. McCauley, City Manager, respectively of the City of Brooklyn Center, on behalf of the City. Notary Public My commission expires: TENANT: XM Satellite Radio Inc 1500 Eckington Place, N.E. Washington, D.C. 20002 -2194 Attn: Mr. Joe Titlebaum By: Royce J. Kincaid Title: V.P. of Terrestrial Networks and Repeater Systems Date: Tax ID #: 52- 1805102 DISTRICT OF COLOMBIA The foregoing instrument was acknowledged before me this day of 200_, by , as , on behalf of the corporation. Notary Public My commission expires: s City Council Agenda Item No. 6f November 21, 2000 MEMO TO: Michael J. McCauley, City Manager FROM: � 0 ne A. Chambers, Assistant City Manager SUBJECYV Adoption of Updated Workplace Accident and Injury Reduction (AWAIR) Program for the City of Brooklyn Center In the Fall of 1999, the League of Minnesota Cities held a safety seminar for Cities and reviewed issues related to safety practices in local governments. One of the major topics was the need for updating and revising local safety policies and programs, especially the primary policy document required by Federal Law, that of the Workplace Accident and Injury Reduction (AWAIR) program. The purpose of the AWAIR is to outli.ie the empluyer'_ policies and practices with regard to safety. According to the LMC presentation, cities were urged to adopt simplified AWAIR documents that outlined specific and direct safety responsibilities and measures to be taken to assure a safe work environment. The simplified AWAIR documents are to replace numerous individual policies and practices adopted over the course of years. The attached AWAIR document has been written according to the format recommended at the • LMC conference, and in accordance with formats promoted by the city's risk consultants. It has been reviewed by the Department Heads in their capacity as members of the safety oversight committee. The City's safety procedures have been modified, as outlined in the AWAIR, from a single overall safety committee, to one in which responsibility for safety is shared amongst managers and employees throughout the organization. The Finance Director serves as Risk Manager, and is responsible for reviewing accidents and safety records from a claims perspective. The Department Heads, and the Assistant City Manager, serve as a safety oversight committee, and meet on a quarterly basis to conduct duties as outlined in the AWAIR. Supervisors and employees are called upon to assure safe work areas, report accidents, serve on safety committees, and conduct safety inspections within their work areas. Training needs are to be met through a combination of joint training and individualized department training as needed. Overall, the AWAIR document holds employees, supervisors, and Department Heads accountable at several levels for safety conditions, thereby helping to assure that needs will be addressed rather than overlooked. It is intended that this new AWAIR will replace all previous Council adopted safety policies and procedures. Individual Departments are required to maintain written practices and procedures that reflect the requirements outlined in the AWAIR, although the document itself does not incorporate all of these specific practices. The AWAIR, when adopted by the City Council, will be distributed to all employees, both full and part-time. As the AWAIR practices are more fully put in place, there may need to be modifications to the document from time to time, as is the case with any set of adopted policies and procedures. The City is currently operating its safety program in accordance with the outline in the AWAIR, and has been doing so for about a year. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CITY OF BROOKLYN CENTER WORKPLACE ACCIDENT AND INJURY REDUCTION PROGRAM AND RESCINDING RESOLUTION 90 -99 APPROVING CITY OF BROOKLYN CENTER SAFETY MANUAL WHEREAS, the City Council approved Resolution 90 -99 in 1990 adopting a City of Brooklyn Center Safety Manual; and WHEREAS, the Safety Manual was both an operational handbook and safety manual, and contained detailed details on machine operations, welding instructions, trench safety, and other items not specific to all employees; and WHEREAS, current safety practices advocated by the League of Minnesota Cities and other advisory groups encourage Cities to adopt Workplace Accident and Injury Zeduction (AWAIR) Programs that are applied to the entire organization and are easily understood by all employees; and WHEREAS, a structure of responsibility and accountability for safety matters must be delineated in the AWAIR Program adopted and practiced by the City, and such a document has • been written that outlines the safety program of the City of Brooklyn Center and provides for the responsibility of individual departments to maintain written safety policies and procedures applicable to specific department tasks. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Safety Manual adopted by Resolution 90 -99 be and hereby is repealed and replaced by the AWAIR Program dated November 22, 2000 which is attached hereto and incorporated herein by reference as Exhibit "A ", and be it further resolved that any and all prior Safety Manuals and programs are hereby superseded and repealed by virtue of the adoption of the AWAIR program set forth in Exhibit "A" 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. A WORKPLACE ACCIDENT AND INJURY REDUCTION (AWAIR) PROGRAM CITY OF BROOKLYN CENTER, MINNESOTA November 22, 2000 I. RESPONSIBILITY, PARTICIPATION AND MEASUREMENT Safety is everyone's responsibility. At the City of Brooklyn Center, the responsibility for safety is shared amongst management staff as follows: ► The Finance Director is responsible for risk management activities, which includes periodic review of accident reports and loss records. ► The Assistant City Manager conducts Quarterl,7 Safety Review meetings and maintains meeting records. Each Department Head participates in quarterly safety reviews. The ' purpose of quarterly meetings is to discuss safety items that impact the entire organization. Such items include assessing specific safety training needs, the setting of quarterly training calendars, reviewing accidents common to all departments for prevention measures, discussing and forecasting future safety needs including review of department training schedules, review of safety policies and procedures common to all departments. ► Each Department Head is responsible to assure that individual departments conduct Monthly Safety Review. A joint monthly safety committee exists for Administration, the Departments of Finance and Community Development, including the Assessing Division. The Earl Brown Heritage Center maintains a separate monthly safety committee to review Heritage Center operations under the directions of the EBHC Manager. Liquor Store safety review is the responsibility of the Liquor Stores Manager. Within the above structure, each Department Head will be responsible to assure: 1. Appointment of a department safety committee for Monthly Safety Review. The committee will maintain written agenda and meeting records. Reports of safety committee meetings will be made on Form One included in this document. 2. Coordination and participation in periodic safety inspections. The Department Head will collect and maintain inspection documents and hazard reports and will retain records of follow up activities and corrections. Form Two included in this document is an example of a safety inspection report that can be used to document inspections. Departments may adopt an individual format as necessary. 1 3. Safety Committees at the department level will also be responsible and encouraged to work with other department committees to provide prevention efforts for hazards common to jobs throughout the organization, such as lifting, CPR training, and blood borne pathogen safety. 4. Appropriate safety training activities for new employees and transferees, and training of supervisors and crew leaders. Each Department maintains full documentation of training and materials covered. 5. Delegation of duties and day -to -day safety activities so all employees are involved in the program. 6. Provide information for job hazard analysis as necessary to protect employees. Form Three and Four included in this document are examples of a Hazard Citation format and Job Hazard Analysis format that can be used. Departments day supply their own forms for these items as necessary. 7. Investigation of significant accidents and recommendation of and corrective actions. Department Heads are responsible to report investigation information to the Risk Manager and to Quarterly Safety Review. Form Five, the Accident Investigation Report form attached to this document shall be used as an accident investigation report for accidents that are not reported through Workers Compensation first report of accident, or in addition to that report as necessary. 8. Accidents that do not result in injury, but have the potential to re- occur, are foreseeable, and could result in injury and/or damage, shall be investigated by the Department Head or person designated by the Department Head. ► SUPERVISORS, MANAGERS, AND CREW LEADERS assure the following at workplace sites: 1. Supervisors, managers, and crew leaders are to maintain a constant vigil of looking for dangerous situations, violations of safety rules, potential accidents, and depleted safety material inventories i.e. first aid kits, expired fire extinguishers, etc. 2. Participation in safety meetings, inspections, training, investigations of accidents, and job hazard analysis preparations. 3. Receive delegation of responsibility from Department Head and carry out duties diligently. Issue Hazard Citation notices and perform job safety analysis as necessary. (See example Forms Three and Four) 2 , 4. Delegate responsibilities and day -to -day safety activities to employees so all are involved and understand their role in the safety of others. 5. Convey information about safety activities to employees on a regular and timely basis. 6. Receive and act upon reports of unsafe conditions or situations and report back to employees. 7. Monitor the working conditions of vendors and contractors and report to supervisor any observed unsafe conditions that could adversely impact the safety of City employees or the public. ► EMPLOYEES are to be responsible as follows: ? . Be av rare E- all times of act; "ons taken and maintain a constant vigil of looking for dangerous situations, violations of safety rules and depletion of safety material inventories. Stay focused on the job tasks as they are being performed. Notice distractions and eliminate them from the work area. 2. Maintain neat work areas. Clean up spills and messes as soon as feasible. 3. Use appropriate safety devices and personal protective equipment as required. 4. Learn proper lifting and materials handling techniques and ask for help when the task warrants it. 5. Report any unsafe conditions or need for training immediately to supervisor. If condition and /or conditions remain uncorrected with no explanation as to why from the supervisor, notify the next level of supervision. Form Six may be used for reporting such conditions. 6. Provide information for accident report within 24 hours of an accident. If an incident occurs without injury, a report to supervisor shall be made if the incident was foreseeable and has a reasonable potential for reoccurrence. Form Six may be used for reporting such conditions. 8. Attend all employee safety meetings and training as required. Be sure your presence is acknowledged by signing in and participating. If requested, participate as a member of an investigation team. 9. Help with any job hazard analysis as requested and help to set the standard for perfection in getting job done safely. 3 ► MEASUREMENT OF SAFETY ACTIVITIES 1. Written minutes of both Quarterly and Monthly Safety meetings are to be kept by the respective responsible parties. Notation of hazards and accidents reported and any corrective action taken or to be taken and will be noted as part of the written minutes. 2. Records of safety training are to be maintained in each Department. Such record will indicate the type of training, dates of training, and names of those in attendance. 3. Human Resources will periodically provide organizational wide training for specific topics. When such training is provided, records of the type of training, dates of training, and those in attendance will be maintained by Human Resources. 4. A written record of inspections shall be kept at permanent installations or facilities controlled by the City and shall be maintained by each Department. 5. A written record of any hazard citations issued by the Department will be maintained by each Department. (See Example Form Three) 6. The Accident Report and Employee Report of Unsafe Conditions (Forms Five and Six included herein) will be made available to all employees in every Department. These forms will be discussed at monthly safety review meetings, and made available as needed for Quarterly Safety Review. II. IDENTIFICATION, ANALYSIS AND CONTROL Hazards will be identified in the following ways: F ► Job safety analysis. Forms for job safety analysis shall be developed by individual Departments as necessary. A sample Job Hazards Analysis form is attached ► Periodic, scheduled workplace safety inspections i ► Review of OSHA 2000 log I ► Employee safety suggestions ► Accident investigations 4 Hazards will be analyzed by reviewing accident investigation reports, both at monthly safety meetings and through periodic review at the quarterly safety review meetings. Periodic review of loss reports for frequent and/or repeated accidents shall be completed by the Finance Director in role of the Risk Manager for the organization, and in conjunction with any contracted risk management services contracted by the City. Hazards will be controlled in the following ways: ► Correct identified hazards ► Train employees ► Provide employees with safety equipment ► Enforce /discipline violations of safety rules III. COMMUNICATION Communication of the City of Brooklyn Center safety policies and procedures will be conducted in the following ways: ► A copy of this AWAIR Safety policy will be posted in each Department and/or Facility ► A copy of this AWAIR Safety policy will be made available to all full and part-time employees of the City of Brooklyn Center at time of employment ► Employee training sessions will be documented as to who was trained and attended ► Review of safety policies and procedures will be made on a regular basis during employee training and safety meetings ► All full and part -time employees will be expected to adhere to the following safety rules at all times: 1. Report any injury, illness, accident, or "near- miss" to your supervisor for First Aid or correction of an unsafe condition. 2. Use all safety devices required in your job hazard analysis. 3. Never remove safety guards and features from machinery or containers. 4. Horseplay is not permitted. 5 ... 5. Never distract another while a job with tools or equipment is being performed 6. Using or being under the influence of any illegal drug or alcohol is not permitted at any workplace site 7. Jewelry, watches chains, or other such items may not be worn on the hands or neck while using machinery. 8. Loose and torn clothing should not be worn while using machinery. 9. Employees should inspect any ladder before use, and have it held if over 10 feet UP. 10. Any scaffolding used in a job must be designed for the use. 11. Employees shall never try to lift or pt -Ph w?� ghts over their limit. 12. Employees shall not repair or unclog a machine that is running or that can be inadvertently turned on. (Use lock -out procedure) 13. Employees shall use hand tools where possible, and avoid using hands as substitute tools for any job. 14. Employees shall immediately report defective or damaged tools and avoid their use unless required by emergency and/or hazardous conditions. 15. Employees shall not attempt to operate any machine or tool on which they have not been trained. 16. Employees are to keep all work areas as clean as possible. 17. Employees are responsible for proper handling and disposal of toxic chemicals and flammable. 18. Each employee is responsible to know locations of all the fire escape exits and all fire extinguishers within their immediate work area. 19. Employees are to be aware of and obey all warning signs. 20. Employees are to read all safety bulletins and policies that are posted. 6 21. Employees are to wear all required safety hats, shoes, gloves, traffic vests and/or other safety clothing deemed appropriate for the task. 22. Employees are to report unsafe conduct of others, first by bringing unsafe conduct to the attention of a fellow employee, and then by reporting it to a supervisor if conduct persists. IV. INVESTIGATION AND CORRECTION Every reported injury will be investigated in the following manner: ► All reported injuries will be investigated. The Department Head shall determine the level of investigation, based upon the magnitude of injury involved. ► A written accident investigation will be completed for all injuries, either through the first report of accident workers compensations report, or thr< ugh : more extensive additional report as deemed necessary by the Department Head and/or Risk Manager. The purpose of an accident investigation is to determine the cause clearly enough so that if that item found is corrected or eliminated that type of occurrence will cease to happen in the future. Although an investigation may result in employee discipline the purpose of the investigation is to discover the cause, and not to assess blame. V. ENFORCEMENT ` Enforcement of the City of Brooklyn Center Safety and Procedure policies will include: ► Management will enforce all safety responsibilities, duties, and performance. ► Enforcement will consist of verbal and written warnings as well as such disciplinary i actions ranging from suspension to termination. All enforcement actions taken will be documented. i 7 FORM ONE i MONTHLY SAFETY MEETING REPORT Location: Meeting Date: Type of Safety Meeting: Committee Crew Monthly Safety Inspection Report; Hazard Citations; Follow -up Documents; Accident Reports, Etc., For Period Attached: Yes No Previously Noted Unsafe Conditions or Procedures: Corrective Actions Taken and in Progress: Renewed Topics: Inspection Results: Correction Responsibilities Delegated: Accidents Reviewed and Actions Taken: Accident Free Days this Period: Time Lost Other Unsafe Conditions or Procedures: Safety Topic of the Month: Presented By: Materials Used: Attendance: Persons That Need to Be Updated: Submitted By: Date: FORM TWO S SAFETY INSPECTION REPORT Location: Date: Inspection Committee Members: Hazard Guide Comments Follow up Machinery: Condition Guards in Use Lock -outs Hand Tools: Condition Cords Sharpness Housekeeping: Piles Spills Aisles Blocked Toxic Materials: Ventilation Labeling Handling Disposal Material Handling: Training Safety Devices evices Fire Prevention: Inspected Charged up Drilled First Aid: Supplies Accessible Trained People Walkways: Railings • Lighting FORM THREE HAZARD CITATION Safety Inspection and Corrections Required: Department: Supervisor: Date: The following azards to safety were found in our work area during this month's safet inspection. Please indicate below your corrective action for these hazards. Your Supervisor must rez,::ive your response within 24 hours of your receipt of this form, because safety is number one!! Hazards: Inspector: Date: Corrective Action: Date of Correction: Supervisor: Date: FORM FOUR SAMPLE JOB HAZARD ANALYSIS Department: Date: Job Description: Loss History: Safety Devices Required: Sequence of Steps - Potential Hazards Recommended Procedure: Example: 1. Carry piece to table. Oily floor. Keep oil spills cleaned up. 2. Wear slip - proof shoes. Codes: Sa = Struck Against Sb = Struck By F =Fall Cb = Caught Between So = Strain On Sign Off: Employee Date Supervisor Date Witness Date Safety Manager Date FORM FIVE FOLLOW UP DOCUMENT Fill out after any injury, "Near- miss ", or unsafe condition is reported. Submit to Supervisor within 10 Days. Date First Reported: Reported By: Hazard: Possible or Actual Injury or Illness: Claim #: Injured Body Part: Type of Accident: Agent of Injury: Time Lost: Interim Protection Provided if Not Corrected: Corrective Action Taken: Date Corrective Action Taken: Time Required for Corrective Action: Cost of Eliminating the Hazard: Retraining Provided: To Whom: Follow -up Made On: By: Additional Action Taken: Comments: Employee Involvement (Initial): Supervisor: Date: • I FORM SIX EMPLOYEE REPORT OF UNSAFE CONDITIONS Department: Date: Unsafe Condition: Specific Location of Condition: Time of Day Condition Noticed: Persons Involved if Any: Suggestions for Correction: Employee: Date: Supervisor Section Department: Date: Action Taken: Comments: Supervisor: Date: Department Head Section Employee Report Received: Reviewed: Comments: Follow -up Document Received: Department Head: Date: FORM SEVEN • ACCIDENT INVESTIGATION REPORT Identification: Accident Date: Time: Date Reported: Employee Involved: Position: Department: Date Employed: Experience on Job: Supervisor: Witness: Incident: Accident Resulted In: ( ) Injury ( ) "Near- miss" ( ) Illness ( ) Property Damage ( ) Lost Time ( ) Medical Costs Nature of Injury: Body Part: Type of Accident: Agent: Description of Accident: Analysis: Sequence of Events: Unsafe Conditions Found: Real Cause: Controls: Recommended Cofrective Action: Action Taken: Acknowledgment: Supervisor: Date: Employee: Date: Witness: Date: Investigator: Date: Follow -up: Cost Summary: Medical: Time: Damage: Corrections: Retraining: Total: Earlier Incidents of Similar Nature for Referral: Comments: File Closed: -2- City Council Agenda Item No. 7 City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members Hilstr m, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: November 22, 2000 Re: Neighborhood Access Road for Segment 4 of Highway 100 Project: West Side In response to the Council's direction and questions, the attached materials have been assembled regarding the 4 concepts for providing a neighborhood access road on the west side of the intersection of Highway 100 and France Avenue in connection with MnDOT's "egment 4 proje ^t. Those materials include: - blank resolution for the Council's selection of the concept to be developed - color copies of the 4 concepts reflecting SEH's work - memorandum from Diane Spector - copies of various letters and memoranda referenced later in this memorandum. S SEH It is my understanding that Mr. Van Wormer will make a presentation to the Council on Monday evening to follow -up on the November 13th meeting's questions. Hvdrology Barr Engineering, a firm that is involved in the Joslyn site, will make a presentation regarding the hydrology of the site, the impacts of changes in the aquifer, and the purpose and functioning of the pumps on the site. MnDOT Enclosed are copies of the following: - June 9, 2000 Press Release announcing funding for Segments 4 & 5 - January 22, 1999 letter from MnDOT to North Metro Mayors Highway 100 Council outlining the funding shortfall and suggesting the cities consider funding the shortfall if the cities wanted the project to move forward • 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 . - September 23, 1999 Star & Tribune article on funds shifted from south metro projects to meet cost over runs on initial segments of north Highway 100 - April 15, 1997 letter to MnDOT from Robbinsdale urging MnDOT to reconsider the timing of segments 4 & 5 that were not projected to be funded for 10 or more years. Robbinsdale Neighborhood Access Road As you are aware, Robbinsdale has been pursuing an alternate neighborhood access road design with MnDOT. Building Robbinsdale's alternative would be funded by MnDOT to the level of MnDOT's estimated cost of constructing MnDOT's preferred alternative. Robbinsdale would be responsible for costs in excess of MnDOT's estimated costs for MnDOT's preferred alternative. Robbinsdale is having some difficulties in reaching agreement with MnDOT on determining the level of cost for MnDOT's preferred alternative. Also, MnDOT is identifying potential costs of Robbinsdale's preferred alternative that are in excess of Robbinsdale's estimates. This is significant because the selection of Robbinsdale's alternative shifts the risk of cost over runs form MnDOT to RoV- Attached are copies of MnDOT's August 10, 2000 letter to Robbinsdale outlining the responsibilities that would be shifted from MnDOT to Robbinsdale and a November 20, 2000 letter to Robbinsdale identifying substantial costs for Robbinsdale's alternative. JOSLYN SITE • The Joslyn superf ind site has been in the process of delisting the portions that are being redeveloped. Phase I (Wickes) added 230,000 square feet of warehouse space and Phase II will add 100,000 square feet of office /warehouse space. These two phases represent approximately $14.8 Million in real estate value and $500,000 in tax capacity. Phase III would be approximately 100,000 additional square feet, or $4.5 Million in value and $150,000 in tax capacity. Joslyn is in Tax Increment Financing District #4 which was created as a soils district to use tax increment, in addition to State and Metropolitan Council grants, to clean up the site. The district will expire 10 years after the last phase is completed. (Each phase is scheduled to come out of the Tax Increment Financing District at the end of 10 years from completion of that phase.) So the phases will be part of District 281's tax base and general city taxes within 10 years after the completion of each phase. Enclosed is a letter from Real Estate Recycling indicating that Concepts 1, 3, and 4 would result in commercially unviable parcels from their standpoint and a chronology of their work with the MPCA and review by the EPA. Railroad Mr. Van Wormer and the City Attorney have been asked to respond to the questions raised about the City's ability to impact rail road use of the railroad's right of way or to require financial participation • by the railroad in a city street project. It is my understanding that the City has no power in either situation. FinancialObtions Ms. Spector's memorandum has a chart showing the status of the capital and street funds as of January 1, 2002. As we have gone through the Capital Improvement Plan, the City Council has previously expressed concern that the level of cost for the neighborhood construction program is rising at a level that exceeds our ability to continue reconstructing at a pace of 4+ miles per year. As the latest Capital Improvement Plan has been developed, the pace of neighborhood street reconstruction is scheduled to be reduced in 2003 and 2005 to 1.6 and 1.7 miles per year due to funding constraints in the Special Assessment Construction Fund and the utilities. Ms. Spector identifies $2.3 Million in fund balances as of January 1, 2002. Using the entire $2.3 Million would mean: - foregoing MSA projects - reducing 2003 & 2004 projects eliminating the currently planned 2002 neighborhood street projects: including Fran_ =,e Avenue, the area around Lakebreeze, and Twin Lake North - reducing the park improvement plan - leaving the City without a capital fund cushion for unanticipated conditions or needs. - potentially impact our bond rating due to a lack of reserve capacity. Ms. Spector indicates that a special assessment of between $6,700 and $12,800 per house would raise approximately $2.5 Million. Special assessments in that range against 213 houses and a few businesses would be unlikely to be sustainable. These assessments would be in addition to special assessments for street reconstruction projects at the time those would be done. Our current budgeted capital funding for streets, parks, and public buildings from the General Fund is $534,000 per year. $2.5 to $3 Million represents 5 to 6 years of budgeted transfers. We have some additional transfers that have assisted in keeping projects going, but these additional transfers are anticipated `o be reduced in 2000 and future years. January 1, 2002 was chosen because the planning . and commitment for the 2001 projects is in progress. There are major building projects in 2001 that are necessary to provide public facilities that are accessible, functional, and safe. In approaching neighborhood streets, the City has been supplying between $1,730 and $2,764 per parcel for the street portion and the utilities have funded the utility replacements. Conclusion The City Council requested additional information, especially on financial issues. This memorandum summarizes the scope of the City's financial capacity and tries to put $2.5 to $3 Million in context. Mr. Van Wormer will provide more information on the concepts themselves on Monday evening and Barr Engineering will outline the hydrology of the site. Highway 100 has been a priority for decades and is only now coming to fruition as a funded project. . As Mr. Van Wormer indicated on November 13th, there are communities waiting for another community to lose it funding so that their poroject cango forward. Time is of the essence in assuring that this project goes forward. As indicated in the Robbinsdale materials, the effect of building an option, other than the one identified as the most cost effective by MnDOT, shifts the risk and burden of the project from MnDOT to the city. While we anticipate that the City would enter into an agreement with MnDOT to undertake the neighborhood access road project, we would do so at MnDOT's cost and risk. The magnitude of a $2.5 to $3 Million project for would eclipse the basic improvement plan for 2002 -05. Member introduced the following resolution and moved its adoption: RESOLUTION NO. SELECTING DESIGN OPTION FOR FRANCE AVENUE IN CONNECTION WITH THE RECONSTRUCTION OF HIGHWAY 100 ON THE WEST SIDE OF THE PROPOSED HIGHWAY 100 PROJECT WHEREAS, the City Council has previously approved the preliminary final design for the Minnesota Department of Transportations proposed Highway 100 project; and WHEREAS, when the design for Highway 100 was approved by the City of Brooklyn Center, the City Council reserved final judgement on the alignment to connect France Avenue on the west side of the proposed Highway 100 project; and WHEREAS, the City Council has engaged the services of SEH Engineering to ,onduct public meetings and research alternatives for the City Council; and WHEREAS, the City Council received the report of SEH and other technical information and citizen input at its November 13, 2000, City Council meeting; and WHEREAS, the City Council of the City of Brooklyn Center has received additional information regarding possible options for connecting France Avenue to the intersection of France Avenue and Highway 100 on the west side of Highway 100 at its November 27, 2000, City Council meeting; and WHEREAS, based on all of the information, studies, and input received by the City Council, the City Council has determined that Concept is the appropriate choice to provide a neighborhood access road. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Concept be and hereby is selected by the City Council as the design option for France Avenue on the west side of Highway 100. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: ® and the followin g g voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM DATE: November 22, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Staff Report RE: TH 100 This staff report includes information requested by the City Council at the November 13, 2000 meeting. Requested action this evening is final selection of a design option for France Avenue. Four resolution options are attached from which the Council may select which of the four concepts under consideration should be pursued. At the December 11, 2000 meeting, then, the Council will be asked to consider authorizing RFP's for professional design services, as well as authorization to execute a memorandum of understanding with_ Mn/DOT r.- ;;arding the design option selection. • Copies of Concepts 1 -4. Concept 1 is the France Avenue realignment included in the EIS, modified as required by the recent need to raise the railroad tracks. Concept 2 is the Azelia extension option previously reviewed and tentatively approved by the Council (called Option 1 in the mailing which went out to the neighborhood). Concept 3 is the version of the frontage road idea that would connect up with Drew Avenue (called Option 2 in the neighborhood mailing.). Concept 4 is the version of the frontage road idea that would connect up with France Avenue. • Review of the four concepts for conformance with Council goals. • Summary of the SEH and other engineering information for each of the four concepts. • Copies of Concepts 1 -4 showing estimated right of way takings. • Table detailing the estimated costs of each of the four options. • Table showing the various funding sources available to supplement Mn/DOT contribution to the France Avenue realignment. Review of the Four Concepts for Conformance With Council 2001 Goals Goal 1: Support Brookdale Redevelopment An important s marketin lan is an assurance to prospective tenants ant com onent in Brookdale P p P P $P that TH 100 will be upgraded to freeway standards by the end of 2003. Concept 2 would meet that goal. Concepts 1, 3, and 4 would require additional funding which may not be available in time to assure timely completion of the project. Goal 2: Continue and Improve Code Compliance No impact. Goal 3: Proactivity Towards Fighting Crime In the area of the proposed frontage road as it approaches the railroad bridge, Concepts 3 and 4 . would require retaining wall on the west side and wall or opaque fence on the east side to screen headlights. This would create a tunnel -like segment of roadway that would also include ..sidewalk and bicycle trail. There is some concern that this could create a "lurking"place, p;�.Ysibly fnakirg that .sidew!dk and bicycle trail less safe than those that are more in the open. Goal 4: Support Northeast Corner 69 and Brooklyn Boulevard Redevelopment No impact. Goal 5: Begin Community Center and City Hall Work No impact. Goal 6: Continue and Implement Long -Term Financial Planning additional funding 1, 3, and 4 would Concepts re unding which may have an impact on the City's q .f long -term ability to complete other projects or provide other services (see table detailing funding sources). Goal 7: Support and Promote Major Road and Street Improvement Projects It has long been a goal of the City Council to see that the TH 100 improvements are completed through Brooklyn Center. Concept 2 would meet that goal. Concepts 1, 3, and 4 would require additional funding which may not be available in time to assure timely completion of the project. Goal 8: Plan for Destination Parks Concepts 1, 3, and 4 would require additional funding which may have an impact on the City's ability to complete other projects (see table detailing funding sources). Goal 9: Support and Expand Joslyn Site Development Concepts 1, 3, and 4 would kill Phase III of the Joslyn redevelopment. There would be residual property after acquisition of right of way, but it would be adequate only for a small development. • Because of the residual's size, such a project would likely not be eligible for state grant funding for final cleanup or property costs write down. Concept 2 would have no impact on the Joslyn redevelopment, and Phase III could go forward as planned. Summa of the E information for each of the four concepts e S Hand other engineering info nce Summary g g P Option 1: Original France Avenue alienment Impact on property: • Would require acquisition of Lot 2, Joslyn Addition, Dudley properties in total. • Would make Phase III of Joslyn redevelopment infeasible, but residual might be large enough for small redevelopment with substantial City financial assistance • City would be acquiring portion of the former Superfund site. Impact on traffic: • Continued at -grade railroad crossing, with substantial grade change. • Possible sight distance problem with the vertical crest required at the railroad. crossing. • No redistribution of traffic. • Crossing is impacted by switching operations (two tracks and 50' closed). Miscellaneous impacts• • Emergency vehicles from the north impacted if crossing is closed BUT emergency vehicles serving the area use the most convenient & closest option; for example, going to the Beach condos they would use TH 100 and the France interchange, but serving the neighborhood to the north would use 53 • Minimal environmental impacts. Option 2: Azelia/50' alienment Impact on property: • Would require small partial takings from Murphy, NSP, and Real Estate Recycling. • No impact on Joslyn redevelopment. Impact on traffic: • Substantial traffic impact on 3 residential parcels on Azelia, from 1,000 ADT to 4,700 ADT. • Continued at -grade railroad crossing (one track). • Care needed in design to assure no sight distance problem from horizontal curve at crossing. • Crossing is farther away from switching operation, so crossing would be closed fewer times. • Emergency vehicles from the north impacted if crossing is closed BUT emergency vehicles serving the area use the most convenient & closest option; for example, going to the Beach condos they would use TH 100 and the France interchange, but serving the neighborhood to the north would use 53` • Slightly longer route — about '/, mile (2 blocks). Miscellaneous impacts: • If the new crossing is built with a median, then trains would not have to sound their horns. • Small wetland impact that would have to be mitigated. • MPCA permit required for segment across Joslyn property. • Easier construction staging, shorter road closures for residents. Option 3: Drew Frontage Road Impact on property: • Would require acquisition of Lot 2, Joslyn Second Addition in total. Would also require partial takings of the back of several properties on France Avenue. • Would make Phase III of Joslyn redevelopment infeasible, but residual might be large enough for small redevelopment with substantial City financial assistance • City would be acquiring portion of the former Superfund site. Impact on traffic: • Grade separated railroad crossing. • Slightly longer route — about 1/5 mile (1 -1/2 blocks). • Road dip. • Substantial traffic impact on 41 residential parcels on Drew, from 650 ADT to 2,100 ADT. • Substantial reduction in traffic on France north of 50 from 1,850 ADT to 850 ADT. • Likely truck traffic op. Drew, 53'_ , and France from trucks trying to find Murphy Warehouse. Miscellaneous impacts: • Due to ROW and grade constraints, the bicycle trail would be immediately adjacent to the roadway and not separated. It would also follow the grade of the roadway, with a dip and rise. • Grade would require substantial retaining walls on the west side of the roadway. • • To separate headlights from TH 100 SB traffic, a substantial wall or fence would be reg4ired between the frontage road and TH 100. • The retaining walls on one side and the wall or fence on the other would create a tunnel -like roadway in the area of the bridge. There is some concern about the safety of pedestrians and bicyclists due to reduced visibility. • Under this option, the Council may have to consider moving the State Aid designation from France Avenue to Drew Avenue, as that is expected to carry the bulk of the through traffic. Option 4: France Frontage Road Impact on property: • Would require acquisition of Lot 2, Joslyn Second Addition, 5 commercial properties in total; 3 partial takes. South of 50` small residual not economically viable to redevelop without substantial City financial assistance. • Would make Phase III of Joslyn redevelopment infeasible, but residual might be large enough for small redevelopment with substantial City financial assistance. • City would be acquiring portion of the former Superfund site. Impact on traffic: • Grade separated railroad crossing. ® Slightly longer route — about 115 mile (1 -1/2 blocks). • Road dip. • Traffic is directed to France Avenue, so little redistribution of traffic Miscellaneous Impacts: Due to ROW and grade constraints, the bicycle trail would be immediately adjacent to the roadway and not separated. It would also follow the grade of the roadway, with a dip and rise • Grade would require substantial retaining walls on the west side of the roadway • To separate headlights from TH 100 SB traffic, a substantial wall or fence would be required between the frontage road and TH 100 • The retaining walls on one side and the wall or fence on the other would create a tunnel -like roadway in the area of the bridge. There is some concern about the safety of pedestrians and bicyclists due to reduced visibility. • 0 0 0 4p 0 �\ I 00� 0 0 0 tfll 0 w 30 0 CP 0 C) 0 z A Yr le 0 A T 1 it r:� /,�, A t 0 IA 101 0 S r- �._�.� i •` \ 4 �SP�P�J / t \ \ P\\ 0 107 0 I I t 0\ 11 0 0 0 A N IV — 0 4o I t 0 O;y J> 40. . 0 ,42 > sy \0 7 Xv 0 1 , c of ISTi — — — — — - - 6 3 00 00 - ---------- + 0 f 0 0 ------------------ 0 ---------- 0 0 0 0 0 • 4", n. C 0 1 VP \ op 0\ o0 1 ,%. :0 0 CONCEPT 2 \ •.\, . / r ,,,, \�\ y F „ � \ , N / _ .,. �; - \ _ I / x /\ \ \ N\ .. t '� 0 J/ r �\ ,�` ` \ 1 p \ � \ e �� r i / \ \ r \ \\ \ P ~P eo \ \ \ lz 4 0 2 G / O« O O �� \\ / /x / \ « \ \� `\ �\ \\ ° \\�~ i � � 4f9cr SO opi / « i O s I �.• / yym3 eM y'aW 1 � _ . _ ,per Y ° °O � ' L 'Fw� reo .. - - 2�60D N a= A o p9`" W- 'o ° 6 o x O 0 0 08 0 0 1 11 x00, o o \ 0 ° 1I 1 \�° BEARD o \\ o \� — L- � l� x��p\S \� , OO / * C' O C \\ \\ \ \\ ' 0 0 0 � O/ O /° SC9F /fSy9 ` \\ \\ � ° �O p O l � FyG 1 / o e ', r0 Cy! \ \ / \ 9 OF r++u wn «\ x F 0 9 00 \ c t . 0 CONCEPT 3 ° 2-a xt, O O a C, l i2 PU ol / / � �• �• I i � 1 � ,° 1 f� ° \ I may! � �/ , - 'Cj 1 1 I 1 1 1 > .1� ` o +d • ld 4, F rye �'✓ i 1 1 /�v .. x00 / � •� ` '' °•. \\ \\ \\ 6 - /,,, 1Q5 0 0 0 O ; , \ \\ \\ d 0i ° O ° ° ° ° ° �� 1 \ `\ �i oil °° •d tk o o �Q.. p O .\ I ,1 x 1 ,/ ll � C(v O� ryC 4L //� \ ° / 4 0 a m al ( J A s o 0 oC I • ,�!C �_ T 0 / /H / \ x ^ C �/O�i / + 6 ° / O Z o ° ° z ° x o� i L °o •/ a/' J �o O x \ / / o / Q .f,L J p�-_ O° x x I � q °••� O O O '/` Q ,� C / 1 / 1 V r O dJ 6 ryG x O p /*y v/ j' �� + O o0 x OOi� I� 1 1 \\ ' /f / / / O ° Table detailing the estimated costs of each of the four options This table shows the estimated costs, as prepared by SEH, Inc., of the four options. Mn/DOT is required to pursue the lowest cost option, and thus would fund only the lowest cost option. If the City desires a higher cost option, such as Robbinsdale desiring a higher cost frontage road option, then the City is responsible for funding the difference. For example^, if Brooklyn Center desired to pursue the Drew Frontage Road concept, then Mn/DOT would contribute an estimated $1,055,000 and Brooklyn Center would contribute an estimated $2,470,000. Costs (1) (2) (3) ( France Avenue Azelia Avenue Drew Frontage Road France Frontage Road RR Bridge Extension $0 so $350,000 $350,000 Roadway Construction $305,000 $780,000 $975,000 $1,120,000 Transmission Tower $0 $0 $250,000 $0 Right -of -Way (property) $2,025,000 $75,000 $1,950,000 $2,400,000 Railroad Crossing $200,000 $200,000 $0 $0 Estimated Total $2,530,000 $1,055,000 $3,525,000 $3,870,000 • 'Table showing the various funding sources available to supplement Mn/DOT contribution to the France Avenue realignment Funding Source Expected Used For CIP Projects Which Might Be Comments Cost Per Balance, Foregone or Delayed if Used Household 1 /l /02 Municipal State $20,000 Projects on MSA Xerxes Avenue Mill and Overlay; After making bond payments and maintenance transfers to Aid roadways which meet Shingle Creek Parkway Mill and General Fund, na - e about $400,000 annually. Current CIP does State Aid standards Overlay not schedule new MSA projects until 2003 in order to receive final payments on already completed projects. No significant funding available until `003 or later. Municipal State $1,000,000 Projects on MSA Reconstruct France Avenue From Bonding authority is limited. Aid Bonding (maximum) roadways which meet 50' to 53 rd ; 53 to Brooklyn Blvd State Aid standards Local State Aid $580,000 Enhancements, bicycle Enhancements in Brookdale Area; Fund balance is still somewhat tentative, as it does not take into trails, sidewalks, City's Raising Shingle Creek Trail; account any unusual Brooklyn Boulevard project expenses. share of commercial Routine sidewalk repairs; Shingle street projects Creek Parkway Mill and Overlay Special $950,000 Neighborhood street Garden City South; Happy Fund balance is used to supplement General Fund contribution. Assessment improvements Hollow Neighborhood; Spending down balance would reduce size of projects beyond Construction Tangletown Neighborhood already planned. May have to do projects every other year Fund instead of every year. Capital $750,000 Park projects; building Destination Park Plan; replace Has not in the past been used for street projects. Improvements improvements, large emergency sirens; replace public Fund equipment safety /public works radio system; add cold storage building at Central Garage General Tax Availability General operating Reduce commitment to Substantial increase in property taxes. Reduced ability to raise Levy unknown, expenses; street and Neighborhood Street program or taxes for essential services. Increase in ranking in property 2001 total park capital projects; Destination Park program; scale taxation may have deleterious effect on community. levy = housing, redevelopment back housing or redevelopment $8,420,298 programs programs General Fund Capital projects of Questionable likelihood of passing Referendum citywide benefit such as building or park improvements Special Capital projects of Would have to show special benefit. Estimated 213 households Ranges from Assessments localized benefit, such and 13 businesses (some to be acquired) with possible special $6,700 for as street or utility benefit. Properties are south of 53 and north of 50 from TH Concept 1 to improvements 100 to lake. $12,800 for 4. Federal Street projects, Federal funds may not be used for rieht of wav acquisition. Funding enhancements, safety Would have to go through competitive process. 2000 -2002 STIP improvements already selected. Must meet cost - benefit requirements. Mnnaota t7epartn►snt of Ttan�or�flon News Release ' Otflce of communicab" Office Tai: 6511296.3581 385 John Ireland Blvd. Fax 6511297.4776 S Man Stop 150 St. Paul, MN 55155-1899 June .9, 2000 For Irnmedlate Release Contact: Shannon Beaudin Klain 1 651OH389 or Judy Melander 6511582 -1362 Minnesota Department of Transportation announces $438 million in additional highway funding St Paul, Minn. — The Minnesota Department of Transportation today announced $438 million to advance the construction of highway piojects all across Minnesota The new funding will help accelerate the completion of 10 metro area projects and 22 projects in Greater Minnesota which will improve safety and mobility, by fixing several metro area bottlenecks and enhancing key corridors that are vital to Minnesota's movement of goods and people. (See attached project list). The 2000 Legislature passed a transportation funding bill that allocates t supp orts the e Commissioner of Trans supp approximately $560 million to th Transportation tha P aPP Y Department of Transportation's investment strategy called 'Moving Minnesota." The plan includes three basic elements: Advantages for Transit ($5 million), Bottleneck removal ($177 million) and Corridor Connections ($177 million), plus.$100 million in trunk highway bonds. All of these projects were chosen under these categories. Projects were selected according to the legislature's requirement for an equal split between Greater Hnnesota interregional corridors and metro area bottlenecks and according to the following criteria: • Project can be delivered by June 30, 2003 (legislation requirement) • Project located on an interregional corridor • Project located on a corridor currently operating below IRC performance targets or at risk of dropping below performance targets • Advance right -of -way acquisition would reduce future projected project costs (more) - ® Distribution of New Revenue Available for Metro Area State Road Construction Advanced Bottle Fund PMlects ( SM1,5 Million) • 1-494 (TH 100 to TH 212) — advanced from FY 2003 to FY 2002. e 1- 4941TH 61 (Wakota Br. Area) — new money covers project funding shortfall. • TH 100 (Stage 4 - Twin Laken to Se Ave.) — advanced from FY 2005 to FY 2003. The combination of Stages 4 & 5 complete a freeway design between 1-394 and I -94/1 -694. • 1 -94 eaver {W Lake Road to Humboldt tAve.} one stage of this ro'ect is advanced from FY 2005 to FY 2003. Completion of this project provides for - 6 -lane continuity. . _ • TH 12 Bypass (CSAH 6 to Wayzata Boulevard) — one stage of this project is advanced from FY 2005 to FY 2003. • TH 100 (Stage 5 — Duluth St to 20 Ave.) — advanced from 2010 to 2003. Total Construction Cost = $-90.5 Million Total Pr Dellve Costa 0 9 ost Z1 i ry . � Million Interrepional Corridors 340. Million}, • TH 212 (CSAH 4 to TH 41) — RtW purchase • TH 52 (Interchange @ 117' In the City of Rosemount) —new project • TH 169 (Interchanges @ Anderson Lk. and Pioneer Tr.) - RMt purchase • TH 169 (interchange @ City of Belle Plain) -- R/W preservation Total Construction Cost a $17.2 Million Total Program Delivery Costa $2.0 Million Total Right of Way Cost s $21.0 Million • 2 ,rte, Minnesota Department of Transportation Metropolitan Division JM 29 f ' ar Waters Edge I �' 1500 West County Road 132 + I Roseville, MN 55113 January 22, 1999 Mr. Duane Ostlund President, North Metro Highway 100 Council 8525 Edinbrook Crossing, Suite 5 ' Brooklyn Park, MN 55443 Dear Mr. Ostlund: Thank you for your letter regarding the funding for Highway 100. I enjoyed the opportunity to meet with the North Metro Highway 100 Council to discuss Highway 100 issues. The Minnesota Department of Transportation (W./DOT) is committed to completing the conversion of Highway 100 from an expressway to a freeway. I would like to restate Mn/DOT's position regarding the funding for Stage 4 and 5 of Highway 100. The current funding needed for these two stages is estimated to be $17 million. Mn/DOT's Transportation System Plan (TSP) identified Stage 4 of Highway 100 for funding in the 2006 to 2010 time frame. Stage 5 is identified for funding in the 2011 to 2020 time frame. The timing of these two stages is based on the application of available funds to address transportation improvement priorities as identified in the Transportation System Plan. In an effort to accelerate Stage 4 of Highway 100, the North Metro Highway 100 Council sought funds through the Metropolitan Council's solicitation for Surface Transportation Program (STP) funds in 1997. Through this process, the Council was successful in securing $5.5 million of the funds necessary for the construction of Stage 4. In a letter to the Metropolitan Council dated July 11, 1997, the Council stated, "we are committed to seeking the remaining $6 million needed by the time this segment comes on line ". Mn/DOT reads this commitment to mean that the Council will work to obtain the additional funds necessary for the completion of Stage 4 in the 2002 time frame. -I support the Council in seeking additional funding for the early completion of the Highway 100 corridor. At the present time, Mn/DOT has not identified additional funds which can be applied to accelerate the construction of Stages 4 or 5. Several options are available to the Council that can be pursued at this time. I. The North Metro Highway 100 Council can obtain the full additional funding for the remaining stages of Highway 100 through it's member communities. 2. Stage 4 of Highway 100 can be broken into smaller project stages which can be funded using the available $ 5.5 million an an y d other funds identified by member communities. Several the ultimate e 4 as completion of Stage h can lead to g projects exist whic P alternatives for smaller prof • funding becomes available. An equal opportunity employer Mr. Duane Ostlund • January 22, 1998 Page 2 3. The construction of Stage 4 can be deferred to the original funding time frame of 2006 to 2010. Funding for the construction of Stage 5 can be addressed after Stage 4 has been fully funded. I realize that the lack of immediate funding for the construction of Stages 4 and 5 is frustrating for the . Council. I support the completion of Highway 100 and I am willing to work with the Council to explore funding alternatives which allow the project to proceed. Please contact me at 651 -582 -1358 to arrange a meeting date if you wish to discuss this further. Sincerely, Richard A. Stehr Division Engineer • vKi/ � N./M� w The l�Ietrop bta Council vvas'About to approve $1.3 bllhon in ghway p l _ ` +. ' Wednesday; •but.had to postpone action for a week after cost over forced a change:. s . s ub urb ' s work j widen t state 2- 494 is work O laY. .sho c m h200211o�reuer. By David p cil that the I -494 delay shouldn't another one someplace else. third lane from Hwy. 212 to Hwy. W Star Tribune Staff Writer belong = just a few Con �� , :i A rovement Plan (TIP � which Bloomington n and Edina. Work �m � f ergs . But Eden Prairie City r6w the acpariortiw'..,.:' The Metropolitan Council Member Ross Thorfi nsonr:, "covers ork and $ n additional $ high- but the Tan - in 2002, portation Depart- ,;. ostponed approval of a $1.3 bil- 'representing a coalition of sub- y p yw� 62 lion highway and transit package " - uibs along I -494, said that the million in transit- related ex- m ro project, experiencing m cost overe "- � �s;` Wednesday after learning that — Transportation Department's de- penes for such things as bus ga- p j . P buses and shelters, be- , runs on other projects planned''. - to the outrage of affected suburbs • cision took his group by surprise rages, — the state wants to delay a $30 and that he isn't inclined to trust tween 2000 and 2002. It includes for about the same tune, espe- nion of Interstate the department's 'word on the : both .state and federal money; cially an upgrade of Hwy. 100 million Glenwood Hwy..494 a to cover major',cost length of the delay. He added Er�W,funded portions are re- north of Avenue. = td overruns on other projects'. that 1 =494 is one,of the most con -� ; ee�i'etl` to conform to regional overruns iB q ,� ril on. and' ;iAnd -use policies, necessitating COUNCL eonlinwo on B7: .r Richard Stehr, an engineer gesteii .spots ir4 °ihe regi y. with the Minnesota Department that.he can - see rationale for `the - Met Council's approval... — 77P includes about $� 6i11ion iri ,- of Transportation, told the coun- - delaying that project rather than '''.The plan for I -494 is to add a highway work scartntxne®ap COUNCIL Wpm B l was recommending pulling the of the most affected areas, said project from the list to be ap- he's at a loss to figure out "how Suburbs upset by anticipated Proved this week Th of he something as major as 494 could had said he just learned of the be X'd off." Congestion in the pl last week southwest suburbs "cries out for delay o, f third lane for I -494 This council is very clear in being addressed," he said. being interested in':ruilding bet - The Met Council, whose 16 Met Council Chairman Ted week in approving the projects. ter relationships With our com- members are appointed by the Mondale said that, while he Met Council Member Caren munities," Dewar said. She and governor, oversees long -range doesn't want to see the council Dewar and others said they were others also questioned why the planning for the seven - county meddling in the selection of indi- dismayed that the Transportation department doesn't build in con- Twin Cities area. It also runs the vidual projects, the council does Department. didn't contact the tingencies to cover cost overxims. Metro Transit bus system and the need time to sort out what hap- coalition of cities along the free- Phil Riveness, a.Met Council regional sewage treatmerrt pened. Thus the delay for one way at once to inform it that it member from Bloomington; o ne system. i Thursday , SEPTEMBER 23,199 ` i t . CITY OF r OBBfNAL " 4221 LAKE ROAD AVENUE _ RO881NSDALE, MN 55422.1599 'TELEPHONE: (812) 537 -4534 FAX: 612 537 -7344 April 15, 1997 � � .— - -- -_._ APR Commissioner James Donn Minnesota Department of Transportation 395 John Ireland Boulevard St. Paul, MN 55155 Dear Commissioner Denn: The city of Robbinsdale would like to extend its appreciation to the Minnesota Department of Transportation (Mn/DOT) For the inclusion of certain portions of Trunk- Highway 100 in the most recent Transportation Improvement Plan. The city continues to have a positive working relationship with Mn/DOT staff who work to keep the city staff ® and Council informed and involved in the prcJect. `this makes us hopeful that po rtion s of the roadway will soon be under construction. Highway 100 has experienced over thirty years of delay in its upgrade and expansion. This delay has caused congestion, deterioration, and suppression or the economic vitality for the area. The North Metro Highway 100 Council, of which the city is an active member, wa, formed in 1994 for the sole purpose of expediting the reconstruction and expansion of Trunk Highway 100, north of 1 -394. The projects which have been programmed for funding in the 1997 -2000 TIP include stages 1, 2, and 3. At a recent North Metro Highway 100 Council meeting, there was a presentation of the Metro Division TSP prioritization and timing criteria. According to a map titled, "Future Major Investments ", Stages 4 and 5 of Highway 100 are not projected to be fronded for ten or more years. This poses two Serious areas of concern For the residents of Robbinsdale and the northi.vest metropolitan area. First completion. of only tlu•ee of the segments would still leave two at grade intersections and traffic signals to hamper traffic, promote pollution, and create potentially dangerous situations. Second, the economic health and future of the north metro area is at stake, A decision to not complete the remaining portions of Highway 100 could negatively impact the economic viability of Brookdale and hamper the city of Brooklyn C:enter's ability to seek help for its revitalization While the upgrading of Highway 100 is only one element of this redevelopment, it is a very AN EQUAL OPPORTUNITY EMPLOYER 7ft' J r * nu (T • 1-7 T JG J T IrlU 1-, I TT_1,7+v -7Tn- - 171 \Inn'�JCTMTR7 1 important factor in making; access better to the shopping center from the surrounding Suburbs and beyond. Based on these factors, I would request that Mn /DOT and the Transportation Advisory Board reconsider their position on the frill reconstruction of Highway 100. The Metropolitan Council's Blueprint for Regional Growth clearly states the need to target resources to meet the needs of urban revitali7ation. The completion of Highway 100 would assist the city of Robbinsdale and other suburbs in the northwest metro area to achieve this goal. Sincerely, City of Robbinsdale Michael A. Holtz Mayer j i t ;- .�) J t� a • N' d N0 9T : bT 16! �T jdH VITT- bZb -ZT9: �3i 9NI'3'SOd � '16 Minnesota Department of Transportation 'oF,„►�geg Metropolitan Division - Waters Edge 1500 West County Road 132 Roseville, MN 55113 August 10, 2000 Mr. Dennis Kraft, City Manager City of Robbinsdale 4100 Lakeview Avenue North Robbinsdale, MN 55422 -1898 RE: Trunk Highway 100 - Segment 4 Neighborhood Access Dear Mr. Kraft: A new access for the Robbinsdale Indiana Avenue neighborhood must be provided as part of Segment 4 of the TH 100 reconstruction project. Segment 4 is scheduled for an October 22, 2002 letting. Mn/DOT met with the City on Wednesday, July 5, 2000 in an ongoing effort to resolve the local access to the Indiana Avenue neighborhood. Following that meeting in which design and funding issues were discussed for the Mn/DOT preferred Option #3A (46' Avenue across Ryan Creek) and the City preferred Option #2 Revised (Frontage Road), David Nummer, City Engineer for your city contacted the MnDNR on the ability for the City to use Humphrey Park for floodplain mitigation for Option #2 Revised. As of the date of this letter, no response had been received from the MnDNR. Mn/DOT has had discussions internally and with the FHWA on the appropriate documentation that would be required if the City moved ahead with 1 's preferred Option #2 Revised. Because the City's preferred Option #2 Revised was not the preferred option identified in the Final Environmental Impact Statement for the TH 100 reconstruction, Mn/DOT will require the City to rewrite the portion of the section 4(f) evaluation (draft and final) pertaining to the Segment 4 of TH 100. The section 4(f) evaluation for Option #2 Revised will require the City to receive approval from the FHWA. If the FHWA approves the section 4(f) rewrite, Mn/DOT will amend the Record of Decision and circulate to all parties that received the EIS documents. The City will be required to verify that "no conversion" of Humphrey Park 6 (f) property will occur and that documentation from the MnDNR be provided to Mn/DOT. The City will be responsible for obtaining the MnDNR and all other permits associated with the Option #2 Revised. All costs (construction, wetland and floodplain mitigation, and right of way) associated with the City preferred Option #2 Revised which is in excess of the Option #3A costs will be the City's responsibility. The current estimated cost for Option #3A is $1,565,238 and ® the estimated cost for Option #2 Revised is $1,936,384. The difference in costs is associated with the necessary right of way needed for floodplain mitigation if Humphrey Park cannot be used. An equal opportunity employer Mr. Dennis Kraft Page two August 10, 2000 Mn/DOT asks that the City give preliminary approval for Option #2 Revised, so we can begin final design. If the City fails to get final approval for the Option #2 Revised, then we will ask the City to approve Option #3A so Mn/DOT can proceed with the development of construction plans for the 46" Avenue Bridge across Ryan Creek as identified in the Final EIS for TH 100 reconstruction. The current October 22, 2002 letting is already in jeopardy. The latest allowable letting date for delivering the Stage 4 TH 100 (bottleneck project) reconstruction is February 28, 2003. We will continue to work with you to try tc, resolve th's acc.= ss issue as quickly -,is possible and I look forward to a final resolution on this matter by mid - August 2000. If you have any additional questions, please contact Wayne Norris at (651) 582 -1295. Sincerely, qRid Stehr Metro Division Engineer cc Dave Nummer, Robbinsdale City Engineer Diane Spector, Brooklyn Center Director of Public Works Mike McCauley, Brooklyn Center City Manager Mike Opat, North Metro Highway 100 Council President Phil Cohen, North Metro Highway 10.0 Council Representative 11/21/00 TUE 16:23 FAX 7635609265 Phil Cohen 2 001 11 -21 -00 11:53 1D a P -02 21/'21/�poo E 10',Z$ xS VAA. 0O1 b4Z 11113 as 2N - ui.lZiLnr atarr • aiuvv., •vo tri1N Oepartmottt t10irt U Division i -_.. . _. _. _.. , WO 4QUICK 1 500 c y Fig ! I °x`/21 �� I '"Offrs±e�Mar�r ' P=&V le. MN s51 to I TOM f le , From. 3 ' Co. /Dept. Co./Dept. ... ..... .. . , _ 2000 I Fox: fax: C i I Phone: Phone: (Note: (� E-Mall; • Dennis AMM I \ \\ Y City 1V� t r :. of Robb' f 4 00 U evi Avenue Nonb j t' P.bbingdale, bIN S3s1� -189$ r t TH 100 - Segment 4 s Robbins ale Cast Pamelliaton fat Frontage Road Option ' Daz Mr. A w mighbgrhood aces must. prtvided as a part of Segment 4 of the TH 100 It nstruc604 PI•vjC= F=1090.w. cgst estimates for the Frontage Road and 46" Avenue R�can sub e investigation a# the l4citiaa of the proposed Frontage Road has revealed ' �"'w material m a depth of 34 feet. the cxixt estimates orig inally provided to the City of + ' bbinsdate iA Jul 2 000 were baud July _ c4 an assumed depth of muck of 15 feet. Tt►e estuaiectt has • be n updated ip reflect the add'" vatian, dewatering, and sheet piling iastallaaon reQtnted. t A. 3 T� on 1 2000 estimates sd D lnclttde a c u3y c ' ; nT ' ompacdon vahm for comm and , granular brow a 1.4 compaction value* b4en added_ The muck volume removed wUI be replaced granular W material. TI1-10 estimated st of tl Frow g ••• Roar . is approximawly $4.3 Million sad the estimated cost of 46 Aveutl Bridge is $1.6 Mi l on. 'lease nate that the Fror age Road cost estimate does no include drainage costs, wetlatl 3 cfre on costs, or Temporary equipment pad costs for placing e. tl4shea pi lin . Robbimdala willtbe onsible for approximately S3 to $3.5 Million dollxus uI cot g=ction aid Right-of-way c4 . for the Frontage Road Option. t t' If you have ali additional q uestiaps pl c conta me at (651) 582,1359. J. $' erCly x t: Wpm D lvislOIIlrgg111t�t . t E ow=s: ! 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IQ S"Ment4 - U d Option 2 R (brontaos Read) X15 foot of Muold _ w•.' n' llrlit' t3uentJry f Unit Prig "Cc►st -1Nt ari t (metriy) 353.01 30.00 10.580.00 . **us - Non'bkwng t (metri�j! 1,178,0 27.00 s1.8�.00 n m2 # � 984.0 23.00 32,63ZA0 t trb '.Gutter m fl 1 726.0 30,00 n� Modl Warrior m '• ; 101.0 .110100 11,110.00 is ar I m � 4 i i 101.0. 124.00 12,524.00 ; Deck in2 ! ' NA 86 NA 1 rI irbg wiw M2 s 3 205.81 538.20 110,761.50 ti Itetrtaval e a c h; ; i 11,0 7000.00 77,000.00 ; M3 13,038.0 7.00 91.266.00 ' M=k xcawatiert m3 ; ; a.0 4.50 82.853.00 QQn err El tk , • 631' : :t 11, 729.0 3.00 38,'187. cLT thdt . tion Coal i ; i ,20,509.56 ' Way �p 1 ) S 1,076,875.00 ` : Pfioe F •1 S 1,SW,3884656 ' O tttate UP&ted Option 3A (49 t AA"68 Bridge ♦ HallraxWth) 1 15 feet of Muck] Y Unit ettuantlty Unit Price Cost �tum tpua - Weenr l t (numi 162`0 30.00 u � 4.88000 T um ous -Non rir� t (ftwwO 639.0 27.00 14.553,00 , Qonc Walk ! M2 15&0 23.00 4.324.00 Gutter m 278.01 3tf_00 8,340.00` ter Media Bertiw m i . NA 110.00 NA „ BMW ' r m r NR 124.00 NA Deck { m2 i 418.0 860.00 369,480.00 mZ ' ' NA 538.20 (VA = ild' Berg jct� , 9.0 7000.00 63.000.00 m Bormw (. 2,62&0 7.00 18 340.00 cavatlon • rn3 � ± NA 4.60 NA n bccavatw ms ±: 8 „322.01 3.00 24,966.00 Goal i S497r883.00 M. VVq Aca6WUon 'eta Wmat@4 Pri ce i 51,565,238.OV CoMfructon Cos do not indude 7 14. r qua , drainm or wetland rrril*don cootL i y. ( 1 cf as _ EO.3ft ' July 7 f 4 tf ' 21 -2 B Il:24t 562 1166 fRF EIVSD rRom:fi51 x.83 11/21/2000 14 :04 612 - 9041590 REAL ESTATE RECYCLIN PAGE 02 Real Estate Recycling Monday, November 20, 2000 The Honorable Myrna Kragness, and Members of the City Council City of Brooklyn Center, Minnesota 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: MNAOT T.H. 100/France Avenue North Dear Mayer Kragness: As you know, we have been working to restore the former Joslyn manufacturing & Supply Company site since April of 1997. The project has been planned and is being redeveloped in three phases. The first phase (Building 1) was completed with the construction of the Wickes Furniture Company distribution center in December of 1999. The second phase (Building II) is underway with the construction of a 108,000 industrial and commercial facility on the central portion of the site, legally described as Lot 1, Block 1, Joslyn Second Addition. This facility will be completed in the spring of 2001. Together the Building I and Building N (now under construction) will add over 235 jobs and $11.5 million in tax base. The third phase (Building III) scheduled for construction in the Spring of 2001 on the former Dale Tile and Northwest parking lot will add approximately 135 jobs and $3.3 trillion in tax base. Phase three of the redevelopment is planned for the easterly portion of the site, legally described as Lot 2, Block 1, Joslyn Second Addition. This redevelopment includes the Dale Tile Company property as well as the Northwest Athletic Club parking lot. At the City Council's informational hearing on November 13, 2000, plans were presented for alternative alignments of the connection to the upgraded Highway 100. We have reviewed these alternatives to the Azelia Ave extension. Either alternative to the Azelia Ave. extension completely eliminates the potential to develop Building Ill. Furthermore, since these alternatives would require a taking of the entire Lot 2, Block 1 Joslyn 2 °d Addition, there is no commercially viable development option remaining. We are anxious that this very successful redevelopment of a difficult Superfund site be completed in a way that serves the entire community and will be available to provide any information required by the City. • 4" ;r Wd Maclay R'. Hyde, CAairman 3060 Metropolitan Centre 333 South Seventh Street, Minneapolis, MN 55402 �., ... (A, ), ()AA -1 q I r.... , ,....:.._ , 4 ' Michael McC - Chronology 1`or C ity Nov 20.doc Page 1 CHRONOLOGY OF ENVIRONMENTAL CLOSURE BY MPCA AND U.S. EPA May 30, 1985 Joslyn and Minnesota Pollution Control Agency enter into Response Order by Consent requiring Joslyn to clean up the site. Joslyn undertakes investigation and proposes response action plan. July 31, 1989 MPCA issues a Record of Decision detailing the cleanup plan for soil and groundwater. Joslyn proceeds with the work. April 22, 1998 Real Estate Recycling, LLC applies to MPCA's Voluntary Investigation and Cleanup ( "VIC ") unit for approval to redevelop former Joslyn site under Minnesota Environmental Response and Liability Act. RER carries out an investigation of the site and proposes environmental site preparation activities. April 30, 1999 MPCA approves RER Response Action Plan. June 23, 1999 MPCA and RER enter into Voluntary Response Action Agreement providing for the approved RAP. July 9, 1999 MPCA Commissioner certifies completion of the delisting process subject to conditions. The delisting is based on MPCA deterrnination that the approved cleanup and the continued controls of the restrictive covenant and the continued operation of groundwater system remove any threat of harm to the environment or the public. July 22, 1999 Letter from William E. Muno, Director Superfund Division, United States Environmental Protection Agency, Region 5, approving the Five -Year Review Report dated July 15, 1999, developed by the MPCA for the Joslyn site I � r Additional Highway 100 Materials Received Today (November 27, 2000) 11 -27 -00 01:36pm From - KENNEDY & GRAVEN +6123379310 T -858 P.02/03 F -269 470 PJ1sbkry Ccntrr K ennedy 100 $ouch Sixth Screcc Minneapolis 'AN 57402 • (612) 337- 9300tdcphooc Graven (612) 337 -9310 rax C M v R T E R E p http• / /www kcnncdy- yravcn w,❑ CHA.RLEs L. LF- FEVERE Attumcy 1i Caw Direct D,u1 (m2) 3337 -9215 C=11 CICICvcrc(yl.c111%rOy- 3ruvcn .Oan November 27, 2000 Mr. Michael 1AcCauley City Manac er City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Authority to Regulate Railroad Activities Dear Mike: You have asked me to address two questions in connection with the consideration by the City Council of the Highway 100 project and the alternative designs for that project. The first question is whether the City can prohibit the construction of an additional track. 1 understand that this track is to be constructed within the railroad right -of -way and will cross France Avenue, a City street. Cities have little control over the operations of railroads. I find no general authority for the City to prohibit construction of a track in railroad right -of -way. The City has some limited authority over railroad on- ;grade crossings of City streets. The City could probably prevent the construction of the additional track as it is proposed because it will be some four feet higher than the City's street, and the City is not required to reconstruct the City street to meet the new grade of a railroad. Therefore, as a practical matter, the City could prevent construction of the additional tract; as proposed, but i assume that such action would be at the expense of preventing the Highway 100 project from going forward. If the railroad wishes to construct additional track on its own right -of -way at the current trade of France Avenue, the City would be involved in discussions with the railroad about design, construction, maintenance and such matters. However, if the City and the railroad do not agree, these matters will be determined by the Commissioner of Transportation rather than the City. Minnesota Statutes, Sec. 219.071 er se_;c . The second question is whether the City can compel the railroad to participate in the cost of a bridge being reconstructed to accommodate an underpass that is constructed to avoid an on -grade CLL- 10729,.1 StU91.4 I 11 -27 -00 01:36pm From - KENNEDY & GRAVEN +6123379310 T -858 P.03/03 F -269 W Michael McCauley November 27, 2000 Paac 2 of 2 crossing. The state does have the authonty to require railroads to participate in the cost of separating trades (such as a railroad bridge). However, that authority has not been dele7ated by the state to the City. Rather, under Minnesota Statutes, Sec. 219.14, the authority to require the railroad to separate grades is vested in the Commissioner of Transportation. Moreover, the Commissioner is empowered to require grade separation only when a grade crossing is, or will be, dangerous to life or to property, and the Commissioner finds that separating the grade is a method that is reasonable and proper to protect the crossing - Very truly yours, Q31 Charles I_ LeFevere CLL:lh CLL -I SY72d. t BR-ni-w 11/27/2000 17:35 612- 9041590 REAL ESTATE RECYCLIN PAGE 02 Real Esta e Recycling November 27, 2000 Mayor Myrna Kragness and City Council City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Michael McCauley City Manager City of Brooklyii Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mayor Kragness and Mr. McCauley: Enclosed please find a copy of an email memorandum sent by some of the neighborhood residents to Joslyn Manufacturing Co. Upon reading the memo it was apparent there were several major misunderstandings which required clarification, In anticipation that these issues may be raised at tonight's City Council meeting, I am writing to provide the City staff and Council with the facts. The memo alleges that we plan to halt further development unless Azelia Ave. is extended thru the site. It further alleges that we have misled the Council and the neighbors about our interest in the relocation of France Ave. The facts are as follows: • At the City Council meeting on July 19, 2000 we publicly stated that the existing roads serving the redevelopment at this time are fine and accordingly there is no benefit to our development (financial or otherwise) from the extension of Azelia Ave. through the redevelopment. Since the July 19 Council meeting, S.E.H. has met with the neighbors to examine alternatives to the Azelia Ave. extension. At the November 13, 2000 City Council meeting S.E.H. presented the alternatives to the Azelia Ave. extension. This was the first time we had seen these alternatives. • As you know, alternative #3 and alternative #4 show France Ave. winding its way through the third phase of the redevelopment (Lot 2, Block I Joslyn 2 Addition). RER acquired the Dale Tile and Northwest properties to make Phase III possible. The new alignments simply eliminate the feasibility of redeveloping Phase III as 3060 Metropolitan Centre 333 South Seventh Street, Mirineapolts, MN 55402 phonc. (612) 904 -1513 fax: (612) 904 -1590 11/27/2000 17:35 612 - 9041590 REAL ESTATE RECYCLIN PAGE 03 planned. This is new information — presenting a road alignment that eliminates the third Phase of redevelopment — in contrast to one that did not. • It should be clear to anyone that if we no longer have the property on which to build the planned industrial/commercial third phase it is impossible to build it. In short, the point we were making in our November 20 letter is that if our land is taken for a new roadway we are unable to build Building III on Lot 2, Block 1 Joslyn 2° Addition. This is not meant as a "threat" in the "1 l`" hour" as the neighbors allege. We saw the plans for the first time at the November 13 meeting. We received a fax of those plans to review on November 20. Upon a rapid review and study of the alternatives we concluded that there are no commercially viable options to redevelop Lot 2, Block 1, Joslyn 2 Addition if the reroute of Prance Ave. takes that land. The development of Building H on the adjacent lot is underway and will continue regardless of where Franc-- Ave. ends up. Finally, there continues to be confusion regarding the issue of the regulatory status of the site. The redevelopment of the site has been approved by the NIPCA. The site has been delisted form the State of Minnesota Permanent List of Priorities ("PLP "). The NIPCA's Rules say that a property on the state's Permanent Last of Priorities is delisted only if "all response actions... required have been completed; fandj the Pollution Control ,Agency determines that a... site no longer poses a threat to public health or welfare or the environment.... " (Minn. Rules Section 7044.0950) This is not, as the neighbors' memo states, just a matter of funding. The MPCA's May 3, 1999 memo delisting the site from the state PLP states on page 6 "The MPCA Joslyn Site Team hereby certifies that the Joslyn Site, except for what is known as the `West Area' of the Joslyn Site, will no longer pose a threat to public health and the environment ...." (emphasis added). We continue to try to make this redevelopment successful for the neighborhood and the City of Brooklyn Center. I hope this letter has been helpful in clarifying these matters. Sincerely Maclay Hyde 11/27/2000 17:35 612 - 9041590 REAL ESTATE RECYCLIN PAGE 04 JOSLYN MFG, 9 001 Michele Meyer From: Wayde Lerbs, Diane Niesen, Bryn Lerbs, Shayl Lerbs (lerbs- wd@pro- ns.netj Sent: Sunday, November 26, 2000 5:38 PM To: Joslyn(Qoslynmfg.00m Subject: Joslyn pole yard redevelopment- Brooklyn Center, MN An9ttlQp3hlm Dear Joslyn Co. YOU may or may not be aware of ali events surrounding the redevelopment of your former pole yard site In our City. As you are the owners of this site, and we are next-door residents who have spent the pest six months involved in the issues surrounding the redevelopment - especially i because our City staff wants to reroute our residential stre et: France Ave,, onto sand through your land due to the upgrade of Hwy 100 by MnDOT - we felt you should know that tomorrow night, Nov. 27, at 7'00p, our City Council is voting as to whether to move In that direction, or not, Importantly, we want you to have our name and number as residential (non City staff, non lartd developers, etc,) contacts for what I.occ�rring on your land and In conjunction with your land. Please don't hesitate to'call or email us about anything - we will respond to you immediately. We invite you, as the - responsible party" For the site, to attend our City Council meeting tomorrow night. If we can help you make arrangements or otherwise give you any necessary Information pertinent to this meeting, please contact us. it seems that Real Estate Recycling, in the 11"' hour (this weekend), has sent a threatening letter to our City announcing their plans to halt further redevelopment on this land UNLESS a road Is planned, and built, (the France Ave, "relocation ") to be the "Azelia Ave. extension" on your land. Up untll this time Mac and Paul Hyde have publicly AND in writing, Btated that RER has no financial Interest in France Ave, and no care , about the ultimate placement of this road. UP UNTIL THE DAY BEFORE THE FINAL COUNCIL VOTE. Ail along we thought that RER DID care but was hiding behind their wants and desires hoping things would go their way, Your land is NOT up to the MPCA's "residential standards" and hence should not be allowed to have a "residential road" where children and pets will be walking, crossing, playing, digging, biking, etc, No one seems to care about the liability for residents' future health today we realized that tha liability remains with you and no documents have trumped that. RER presented to our Council the MPCA document stating that your land wes "delisted.' Whllp WE know, and RER knows, that delisting Is a term related to FUNDING, RER has presented to Council that in fact, that delisting document is a document that assures that the land is no longer polluted and Is "safe," Our name and address and phone, ft., follow. We would love to hear from you and we feel our Council should hear from you. Diane Nissen and Wayde Lerbs 5107 E. Twin Lake Blvd. Brooklyn Center, MN 55429 763/536 -9925 . %83/514 -9896 (O work) 6121225 -3447 (W work) dianQ_nlesg medt r onlc.com • (17 emall) erbs Ucadibe ' (W email)' BARR . Memorandum To: Mike McUffiey— Brooklyn Center City Manage c: Maclay Hyde, Carl Grabinald, David Douglas From: Dale W. Irurnesgaard - Barr Bnginaring Co- Subject: Groundwater Conditions at the Former Joslyn Wood Treating Site Dab: 2000 November 27, During puWc meetings related to the reali rrme -rt of France Avenue, questions have been rai sed regarding the groundwater - related issues st the farmer Joslyn site, such as: What is the purpose of the groundwater pumpout system? - Answer. Containment - Sinro 1989, contaminated groundwater from the upper aquifer has been and continues to be removed by pumping of recovery wells. The purpose of the groundwater pumpout sys tem is to prevent contaminated groundwater from leavin g the site and to slowly decrease groundwater contaminant concentrations on -site. The groundwater pumpout system has reduced the extent of contaminated groundwater offshe. and the contaminant concentrations are now at potable water supply standards at the property boundary, although the upper aquifer is not (mown to be used for drinkirlg water pwpost:s. Operation of this system does not cause tigmficant lowering of the groundwater level. • What will happen to the contaminated groundwater if the pumpaut wells stop? - Answer: Gro~tndwmr levels will only rise a few inches and coetatmination will slowly move to the east. • Will contaming ted groundwater come to the surface after a heavy rainfall? - Answer, NO – e under an reasonably irna ' 1e. set of ' will below the y Y �b groundwater will remain surface precipitation circumstances. • If the depth to groundwater is 0 to ?A feet. does that mean that contaminated groundwater can be found at the surface? –Answer No - The water table is at or close to the ground surface. in the wetland and low area adjacent to Twin Lakes, west of the developed portion of the site imd west of the former treatment area. In this area, surface water ponding and seepage moves the groundwater downward. Across the rest of the site (the developed portion), the groundwater is 10 to 20 feet below the ground surface. ::OOMAIPCD0C3=C=i676\1 'i OTAL PAM. 1- 3oR To: Mike McCaullay— Brooklyn Center City Manager o: Maclny Hyde, Carl Grabinski, David Douglas From Bill Bangsund and Allaa Gabbard—Barr Engineering Co 5ubJ= Groundwater at the Fo,- =Joslyn Wood Treating Site Date: November 27, 2000 PBM' 2 The groundwater conditions at the Joslyn site have been intensively studied. Hundreds of borings and dozens of =nitoring wells have been installed over the last 20 years. Oroundwater quality and levels have been monitored routinely during that time. All information presented in this memoraadum has been previously presented to the Minnesota Pollution Control Agency. Two groundwater aquifers (water- bearing units capable of famishing usable quantities of water) have been identified at the site. The upper aquifer is a sur5cial sand that extends from the ground surface to depths of 30 to g0 feet, This aquifer is not used for water supply purposes in the vicinity of the site. The Iower aquifer consists of several bedrock units including the 5t. Peter Sandstone and Prairie du Chien. A thin buried sand and gravel unit overlying the bedrock is included as part of the lower aquifer. The upper aquifer is divided into = upper sand unit and a mid dle confining unit. The middle confining, unit, consisting of a sequence of sand, silt. and clay, separates the upper and lower aquifers 'oelow approximatcly the eastern. two- thirds of the site. A buried bedrock valley is located below the western one -third of the site. The bedrock valley is filled with sand and the middle confining unit is not present in the bedrock valley. Groundwater in the upper aquifer moves Ppe q mo to the east, eventual) discharging to Y 8mg Shingle Creek and the Mississippi River. Seepage from Twin lakes recharges the upper aquifer west of the site. The groundwater surface in the upper aquifer is 10 to 20 feet below the ground surface over all or the site except in the wetlands and low area on the very western portion of the site. The groundwater surface is at or near the ground surface in the wetland portion of the site. The saturated portion of the uplecr aquifer ranges froth 20 to 45 feet in thickness. The avemgo rate of lateral groundwater movement in the upper aquifer b in the range of 250 to 1,000 feet per year. While the groundwater surface and Twin Lake's levels may vary up and down by several feet over time, the groundwater flow direction is always to the _ ..:.... ... The middle confining nit consists offine-grained st & units and discontinuous sand units referred to as the middle sands. The thickness of the middle confining unit varies from 10 to 60 feet beneath the site. Vertical movement of water trough the confining unit is estimateri to be very low (0.4 to 0.001 feet per year) due to the small pressure difference across the unit and the low permeability of the unit. The lower aquifer beneath the eastem portion of she site consists of the St. Peter Sandstone and the Prairie du Chien along with the overlying thin layer of sand and gravel. The direction of groundwater flow in the lower aquifer is also towards the Mississippi River. The groundwater velocity in the St. Peter is estimated to be in the range of 50 to 200 feet per year. =0J0Mwwcn0n&UXCV=j616 %1 To• Mike McCaulley—Brooklyn Center City Manager c: Maclay Hyde. Carl Grabinski, David Douglas From: Bill Bangsund and Allan Gebbar,d —Barr Engineering Co. Subject: CTrMMdWAWr at the Former Joslyn Wood Treating Site Date. November 27, 200(1 page: 3 As described previously, the middle confining unit and the St. Peter Sandstone are not prment below the western one -third of the sire. These units have been removed by glacial action, creating a north -south trending buried bedr valley cutting into the Prairie du Chien. The middle confining unit and the St. Peer Sandstone have been replaced in this valley by sand and gravel. The vertical rate of groundwater movement through the outwash is likely greater than the vertical rare of movement through the middle confining unit, although only a small downward vertical ient can be � measured in the vtdley. Figure 1 shows a cross section of the site aqu There are several surface water bodies in the vicinity of the site. The southern lake of Twin Lakes and a small wetland area abut the western border of the site. Ryan Lake, Shingle Creek, and the Mississippi River are all within 23 miles (and cast) of the site. Twin Lakes is used for --wi mming, boating, and fishing. Many houses are located on property adjacent to the lakes. This investigation work was followed by numerous cleanup actions including: • Excavating contattlinated soils, This work is complete. Pu in contaminated n mpg groundwater from the u taifer, which is ongoing. PPar �l � ng ang. The propose of the groundwater atu ptarttpout system is to stop the movement of contaminated groundwater froth leaving the site and to slowly decrease groundwater contaminant concentrations on -site. The groundwater pumpout system has reduced the extent of contaminated groundwater offsite, and the contaminant concentrations are now at potable water supply standards ai the property boundary, although the upper aqulfer is not known to be used for drinking water purposes. The pumpout system continues to control the movement of contaminated groundwater so that the contaminated groundwater does not leave the site. If groundwater were allowed to flow offsite, it would eventually discharge. to Shingle Creek or the Mi ssiss ippi River. . Ongoing removal of heavy oil (also referred to as DNAPL, which is an acmnytn for dense, non - aqueous phase liquid). This oil was used to treat wood at the site. Since DNA.PL is more dense than water, it, is present on the surface of the middle confining unit, well below the groundwater surface. This oil is the remaining source of groundwater contamination at the site. While trace amounts are present in various areas. there is one larger "poor' of on at a depth of about 80 -feet below the ground surface that is being removed by pumping. These cleanup actions have been successful to the point that the NIPCA is allowing the majority of the site to be rernoved from the state and federal lists of contaminated sites and redeveloped for commercial use. :*ODUAtiPCDOC =C91221d7dt1 To: Mike McCaulley -- Brooklyn Center City Manages V Maeray Hyde, Cad Grabinski. David Douglu From Bill BeaPund and Allan Gebbud —Barr Engineering Co. Subject: 0mundwater at the Former Joslyn Wood Treating Site Date: November 27, 2000 Page: 4 The groundwater pumping system began operating at the site in 1989- The Pumping stem has P g 5y been modified a number of times over the years, but the results remain . constant. Approximately eight weds Pump about 5 to SO gallons per minute each. with a total of about 160 gallons per minute being withdrawn. This pumping lowers the level of the groundwater surface, as much as several feet close to a Pumping well but generally only a few inches across the site. This is enough to draw the c.)ntaminamed groundwater to the wells and prevent the contaminated groundwater from moving offsite. If the system was to totally shut down, the surface of the groundwater would rise up only a few inches to the level of the groundwater surface to the north and south of the site. The groundwater level will always be controlled by the level of Twin Lake. 1✓ast of the site, there is a drain the system beneath Highway 104 where the highway rune im. eath the Sao Line Railroad tracks. This drain tile acts as a 10021 control point at times of hi Preventing the groundwater from flooding the highway. g levels, In the MPCA's Record of Decision for the site, the MPCA staff concluded that surface runoff from the site to Twin. Lakes (including the small wetland) was unlikely due to the relatively flat topography of the site. internal site drainage, and sandy site soil. Runoff to the wetlands and the lake are more IikeIy with site development due to the storm sewer system constructed with the develop meet The surface act Water d rainage system does include ponding areas to minimize any storm water sediment from reaching the lake. Surface water samples of Twin Ickes did not indicate the presence of wood treating chemicals from the site. The MPCA staff concluded that Ryan Lake and Ryan Creek would likely not be impacted by site Contamination because they are above the groundwater surface in the upper aquifer. The Record of Decision ralsed concerns about the past discharge of site runoff into Shingle Creek via the Highway 100 drain tilt sysiM but concluded that the S otme'water pumping system now reduced the 1. likelihood of suc;t a discharge, v So these then arc the important factors: a Groundwater flows from west to east across the site. • Twin Lake controls the elevation of the groundwater below the site. The Highway 100 drain rile and Shingle Creels control the elevation of the water table east: of the site. • The pumping wells at the site lower the water table only a few inches, which is enough to prevent off site flow of groundwater. ::oo�Awcaocs�ocs>s,. To: M&e McCauiley— Brooklyn Center City Manager c: Maclay Hyde, Carl Grabinaki, David Douglas From: Bill Bangsuad and Alias Gebhard — Barr Engineering Co. Subject: Oroundwater at the Former Joslyn Wood Treeing Site Date: November 27, 2000 Page: g All information presented in this memo bas been previously presented to the Minnesota Pollution Control Agency, In answer to questions that have been posed: 1. if the depth to groundwater is 0 to 20 feet does that mean that contaminated groundwater can be found at the surface? No. The water table is at or close to the ground surface in the wetland and low aret adjacent to Twin Lakm west of the developed portion of the site and west of the former treatment area. Zrt this area, surface wares ponding and seepage moves the groundwater downward. Across the rest of the site (the developed portion), the groundwater is 10 to 20 feet below the ground .surface. 2. Jf the Jo6lyn pumps quit, will contaminated groundwater come to the Surface? No. If all the pumps were turned off, the water table would only rise an average of it few inches across the site. Groundwater that would otherwise be captured by the wells would btgin to flow toward the east. Because of chemical processes, the contaminants will move much slower than the groundwater, Bo it would take many years for the contaminants to move to the Highway 100 drain file system or Shingle Creek. 3. W1II contaminated groundwater come to the surface after a heavy rainfall? No. The groundwater surface is controlled by the level of Twin Lake, the Highway 100 drain tile, and Shingle Creek. Twin Lakes is normally at an elevation between 850 feet MSL (ntean sea level) and 852 feet ISL.' The ordinary high water level (level the lake reaches finegtxmdy enough to affect vegetation development) is 893.1 feet NISL. The 100 -year frequency flood level is 855.5 feet MSL and the 500 -year frequency flood level is 857.1 feet MSL. Thus, the lake Tavel would be expected to rise 5 to 7 feet during a once -in -500 -year frequency precipitation event, Approximately 20 years of groundwater level monitoring at the Joslyn site shows that groundwater fluctuations generally mimic lake level fluctuations, so it would be anticipated that groundwater levels would rise S to 7 feet during a once -in -SOU -year frequency precipitation event. Although the wetland areas in the far western portions of the site would be flooded, the 0 surface below the developed portion of the site would still be at least 5 to 10 feet below the ground surface. :: �D31A.l1PCD0 CStDp� 1E21 Q7011 %EST E 3 i § ,, EAST WICKFS pp LL' N oa N I" YFA/t POO _. � TNRaILV(E t GLACLALSAMS UPPER AQUIFER 93� - TXEGRAINCOLLECTOR W GLACIAL SOILS LOW PERMEAMLITY — 790 �CIAL 3011.8 �--- ' MIDDLESAND UNIT M 7M S 1 t7FR SANGsroNE 73 _ —�_.— _.. 730 ° Roa — rto tlodwrilel SrWe in Feet Figure 1 E 20x Vita w Exogamo ial q CROSS SECTION SHOWNG a GROUNU MMR FLOW MOM THE JOSLYN SHE ` 'Michael McCauley - Re Tl�wy 100 � g i From: <dmckenzie @sehinc.com> To: <gvanwormer @sehinc.com >, < THoward @ci.brooklyn- center.mn.us> Date: 11/27/00 3:27PM Subject: Re: THwy 100 Dear Todd, In response to your email of November 20, 2000 regarding the Highway 100, France Avenue and the CP Rail, we make the following comments: 1) If Federal funds are being used to eliminate a grade crossing, the railroad is required to pay 5 per cent of the direct project cost. This project is different with the IRC funding and the CP adding an additional track but the CP has verbally committed to me that they would contribute 5 % of the additional bridge costs for a grade separation on this project. This may increase with some hard bargining. 2) The railroa =ds gee a�rslly have federal preemption over local city regulation, meaning the communities have little say in this type of expansion. There are criteria that the railroads follow to get Federal approval but I am sure that this is exempt from that proceeding. 3) There is a federal law that requires the railroad to blow whistles at crossings. The law is not enforceable currently because the Federal Railroad Administration has not finalized the rules needed to create quiet zones. It is hope that these rules will be finalized early next year. If that happens and the draft rules are implemented, local communities will be able to request quiet zones assuming certain engineering requirements are met. Those requirements are flashing lights, gates and center raised medians or four quadrant gates. Please call is you have additional questions at 651 490 2042. Dave McKenzie P.E. er Project Manager 9 Glen Van Wormer To: Dave McKenzie /seh @seh cc: 11/21/00 Subject: THwy 100 05:50 AM Can you respond to Todd? - - - -- Forwarded by Glen Van Wormer /seh on 11/20/00 12:21 PM - - - -- "Todd Howard" City Council Agenda Item No. Sa I'I CITY OF BROOKLYN CENTER Notice is hereby given that public y g a p c will be held on the 27th day of November, 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 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. Sent by register 1 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 City Council Agenda Item No. 8b MEMORANDUM DATE: November 22, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works 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 second reading and public hearing tonight is the first step in adopting that policy change. This proposed ordinance amendment was reviewed at the September 5, 2000 work session and was first read on Or`obe:° 23, 2000. Also presented with this item this evening is a resolution amending the City's special assessment policy document. Adoption of a rate schedule is included under the 2001 Utility Rate Study item. In summary, this ordinance and policy 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 utilities supervisor; the Metropolitan Sewer Board to Metropolitan Council Environmental Services. The ordinance would also amend chapter 4 to reflect a change that 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. e . 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 p q 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 CITE' COUNCIL Or THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 4 -201 of the Brooklyn enter Ordinances is hereby amended Yn Y 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. r fY� ViCtl f 1JJl JJlll�lll Review. iew. Pavme of Connection Charge. Tlly J�,VIJl al ass%l ss111Li11L 1V14V1 ds of ac, �I11i111151is slla be c,)td .. .Vd LL/ ;1:, �V3111111� if Q.11 a JJ VJJIllVll� 17 1 � 11 � llc, wa uc, supl;ly 1111GS and a �11 u i aLa 1 1� 1 y1 G y .� 9- p y � � ��l �1Q Vl 1.,V llJ� Q�,'Q111J� �11� k/1 �1111JNJ 111 LQ JF%,vI 1 QJJ\+JJI %IIIL. 11 CLlI CLJJVJJ111V111 L1GLJ 11� bc,c i, pai ul spuccad agar sS dic, jj1c111is%�s, lllclr Prior to issuance of a connection _hermit the applicant shall be required to pay the connection charge in full.- a. I ffu, b al a 111,sC+ \1 x;ng �11V11il/11., c0i b. UI.L6 -.1LL �V 1 J�Jl�CL Vf JUV V l 1Ct1�,l CL�CL111J1111J �11VYviL Tll\ fVllll Vf l CL JF7v�1Q1 QJJ�JJtlll+11L fVl a V%J j.1od of no 1U IJXl+ cd 20 ycals 111 c qua Ci—Lua I , 11111 pal 111.5 LQ 11 1111i11�J with l L Jp" CLJJI�JJllll�lli. 111tv1 VJt 1QLV vJ�Ct1111J bj L11V'lty vl/lailvil. 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. Speeial7Ass:,ss,,,%,,,t Review. Pavment of Connection Charge. i� J vu10. 0.Ji�l.JJ1ilE.f ni, ll`+l+V�:.IS ,.' "l'i.111 J,�5 J110.. 4- - LA0.111 :: t,. � wiiiui a 0.11 0.JJVJ �liivil� fV1 Lhtl full uvs4 Of fu1111511111g 54L13iidly 5cwcl SCI VI c t:, 111;, Y l s LVV31 p a. 1 Vl GL a111Ji t FI%l i11151,5 111 L11C, f un" o f a spccidl asscssn1 If all dsst.55 1-as 1100 b". t,al:l Vl ll,V hill GL�CL111J1 tlllJ �.Jl \illlls,`i5, Vl 111 t VVli11t i ll,,l� CI.1 l+ 1l+ilJll lJ 0.JJV JJ13ivii�J 1�v1�J a�aiii�`��I2e Shen Prior to issuance of a connection permit the applicant shall be required tom connection charge in full- a. I'ay ill:, Lala %jVV i tL; i��i., V. L. 1 11� iv t 11: oYl� ai1 u1� of jug 1 1 � a�aulJt 1 uo YivY�ity 11 137t - af - � Ji./�v1Q. aJslJssllllJllt - llJl a vJ,.Li d u1 not VAIi Vl.1 20 - lil �Lival C1.ia1I "G�1 Fi:ii�.iYal iiaJ lalllllvii l - with pa %, ai t11: s ass�ss111�11� 11�1eresc latc csi�r��y- tine -erL ,,Vui1%1il: 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 a s, 1- yulrll,; udl� separate funds established for -each distinct utility. All monies collected by the public utilities division shall be deposited in such the appropriate fund. St- Each fund shall be used to meet all the expenses for operation, maintenance, repair, plant expansion, and administration of-dIc. F L bll,, utllliies dl V lsl;,il that utilitv. 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 D-aard Metropolitan Council Environmental Services,, and the Brooklyn Center public utiliiics di,iow.� works department. Section 7. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2000. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeouts indicate matter to be deleted, underline indicates new matter.) Excerpt from "City of Brooklyn Center Special Assessment Policy," as proposed to be amended SECTION III. SUBSURFACE IMPROVEMENTS Subsurface improvements shall include water distribution lines, sanitary sewer lines and storm sewer lines, ponds, or other drainage improvements. A. Standards Subsurface improvements shall be made to serve current and projected land use. All installations shall conform to the minimum standards therefore as established by those state, local, or federal agencies having jurisdiction over the proposed installations. All installations shall also comply, to the maximum extent feasible, to such quasi - official, nationally recognized standards as those of the American Insurance Association (formerly National Board of Fire Underwriters). Service lines to the property line of each known or assumed building location shall be installed in conjunction with the construction of the mains. B. Water Mains All properties shall be assessed their share of the cost of installing water main to serve the property and the cost of installing the water service line between the water main and the property line. In addition, all properties shall be assessed their share of city -wide or area improvements such as distribution mains, wells, above ground storage, and elevated storage tanks. 1. For those improvement projects where existing main or appurtenances are repaired or replaced, including service replacement to the property line, no special assessments shall be charged. The full cost of said improvements shall be financed by the Water Utility Fund. 2. For those improvement projects where main or appurtenances are installed to provide new service to previously unserved properties, the full cost of said improvement shall be assessed, with the basis being the Engineer's determination of benefit to each newly served property. 3 . A ll F,1 6r1 V1 GV011Vt previous ly Watcl lli a ln, Jtvlagl,, 61114 JV U I VV 1111�1VM V111VlL�J shall Lc, %, g ii, 4pp. ov.:zLt: t cu, , clit "'Water II�;r'1:uY r: ;:llcdLLlc ", u�1:�Ctiu:��:1 by Y., .:pus V1. :l i.c it aetien -has established a different tate. a. F61 thu5c viopcitic5 zuuc- d- Ri-rrR2, tl,�; hoJluf, fee - skull L,� ZLalg%,d on a ufnt basis. if the 6ity had ply 1116 11%, a wdtcl e\ to t116 j l VFl �l " br-cii aS5C55cd, dic ra " res i de lal uu ?i a . L h scl'vii,l,." If th l J�.1 v l,,1 lead 11Vt L %.1 u 111Jta d, t pl U Fl t�' shall L1- aJJV - 3se - the • " ro51dc11Llzd unit wldmifi o�.iviw 1 i., and tl - f..vF .,vviici5 Shall Li. 1 �,JFJ AAJ111\ rer-the-fUll 1.VJL D • Kag a 's vll.l, 1 1\, lllalll tV • ; L. Ful thcisv. picypca6c,5 fit Loi,l,&Riw R2, the hookup-ff�'l li� oil a �ii.blilartl V ftrjnt ,:4 aiid L asio. Th� total hll�zal l caiiagc_ shall Lc; eharged at the front feet rate. Th s �zhalg . shall ic flit; hookup fee for that part of tit, p lopcityiiolf, Etc, to a d'--picl, Uff 135' or the ba elt pli 6 1111� 1 La . Thatlm"F d-.,:, pi V ontside the "front 135 ft:,GC sllall Lc chaigcd a hook-up R-c ba5cd on ama, at a tatc pci-+00 sqtidic ieet.- Prc,, f6i J1 V ha been extended t _- th 1Ji lJ1J Vl t'' fine-whi,AL had Licit v icviowly L:.cfj. 0" V Jhafi be charged the I C-Sickficia, ;sc,,. icc , at%:, p ;:,, �i, vice: All DrODerties connectinLy to the water system shall be charged a connection charge as per the most current utilitv rate structure. Properties without services shall be responsible for the full cost of installing service from the main to the building. C. Sanitary Sewer All properties shall be assessed their share of the cost of installing sanitary sewer laterals to serve the property and the cost of installing the sanitary sewer service line between the street and the property line. In addition, all properties shall be assessed their share of city-wide or area improvements such as interceptors and pumping stations. 1. For those improvement projects where existing lateral or appurtenances are repaired or replaced, including service replacement to the property line, no special assessments shall be charged. The full cost of said improvements shall be financed by the Sanitary Sewer Utility Fund. 2. For those improvement projects where lateral or appurtenances are installed to provide new service to previously unserved properties, the full cost of said improvement shall be assessed, with the basis being the Engineer's determination of benefit to each newly served property. 3. All F - .- v -. t.* lizit Y. ; V _ ao ----- d-ful station . Y 0%,.30� fLaty opi LaA t, - 'ablished by the most eurrent * i %,. - G,�Wcl IIookap+r_,_",.LXiilcss the C-ity-Cciurxll by p icvious o. CU.icilt ZaAlon bas esta�lished a different Late. a. Fca all piopciiics, the hookuv- shall 1;., on a front basis. If-the CA — I iil.%,VL%JLL - Sly * 5ialkd a sanitaly SCWC1 5cvviee�O t;-.c, J ,.%:, 1 ,cAY afid fac La property had-not bmi, asscsscd, rhr- iatc Shall bc, "residentiai unk with I€-thl h=1 iicft 1*1__1a _ : hall L "residential unit without crvicr-" ai:e,--and-t1-,L,:, p. Op%�A. ty 6 vy f, Lis All DrODerties connecting to the sanitary sewer system shall be charged a connection charge -,s per the most current utility rate structure. Properties without services shall be responsible for the full cost of installing a service from the main to the • building. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE SPECIAL ASSESSMENT POLICY REGARDING WATER AND SANITARY SEWER HOOKUPS WHEREAS, the City Council by Resolution 94 -274 adopted a Special Assessment Policy which incorporated numerous policies related to special assessments for improvement projects into a single document; and WHEREAS, the Council finds that the current policy of establishing hookup charges based on referral back to the original assessments levied in that area should be eliminated and replaced with a system of flat connection charges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Special Assessment Policy is hereby amended to provide that a flat system of charges for connection to the water and sewer system shall replace the current policy of Special Assessment Review. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT POLICY TABLE OF CONTENTS SECTION I. GENERAL POLICIES ........ ............................... 1 A. Initiation of Public Improvement Projects ............................ 1 B . History ................... ............................... 1 C. Financing and Assessment Policies Applicable to all Types of Improvements ..... 1 SECTION II. SURFACE IMPROVEMENTS ... ............................... 2 A. Standards for Surface Improvements ............................... 2 B. Assessment Formula for Surface Improvements ....................... 3 1. Residential Streets ...... ............................... 3 2. Municipal State Aid Streets . ............................... 4 3. Other Streets .......... ............................... 4 4. Alleys .............. ............................... 5 SECTION III. SUBSURFACE IMPROVEMENTS ............................... 5 A. Standards ................. ............................... 5 B. Water Mains 5 C. Sanitary Sewer ............. ............................... 6 D. Storm Drainage ............. ............................... 6 SECTION IV. ASSESSMENT DEFERRAL PROGRAM ............................ 8 A. Eligibility ................. ............................... 8 B. Calculation ....................... ... ................... 8 C. Interest .................... ............................... 9 D. Termination ................. ............................... 9 • November, 2000 Page i i SECTION I. GENERAL POLICIES A. Initiation of Public Improvement Projects Public improvement projects may be initiated by petition of affected property owners. Public improvements may also be initiated by the City Council when, in its judgment, such action is required. The Capital Improvements Program shall detail a program of street improvements based on Pavement Management Program data, street and utility maintenance records, Municipal State Aid Standards, and the Local Storm Water Management Plan. B. History In 1964, the Village Council approved a Special Assessment Policy which detailed matters regarding the financing of public improvements as the community developed. This Policy has been periodically amended, and related policies approved by separate resolution. In 1985, a substantial change in policy was approved by resolution, when the City abandoned residential assessments based on frontage to adopt a policy based on residence unit. This policy is intended to incorporate all policies related to improvement project financing. It is understood that this policy cannot anticipate every situation, and that certain circumstances may justify deviations from this policy. C. Financing and Assessment Policies Applicable to all Types of Improvements When an improvement is constructed which is of special benefit to properties within a definable area, it is the intent of the City Council that special assessments be levied against the benefitted properties within that area to the extent that the costs of such project can be deemed to benefit the properties. The following general principles shall be used as a basis of the City's assessment policy: 1. The "project cost" of an improvement shall be deemed to include the costs of all necessary construction work required to accomplish the improvement, plus engineering, legal, administrative, financing, and other contingent costs. 2. The "assessable cost" of an improvement shall be defined as being those costs which, in the opinion of the City Council, are attributable to the need for service in the area served by the improvement. Said "assessable cost" shall be equal to the "project cost" of the current project, minus any credit attributed to remaining useful life expectancy or to that part of the improvement deemed to benefit the community as a whole. November, 2000 Page 1 City of Brooklyn Center Special Assessment Policy p 3. Terms of special assessments shall be as follows: a. Street improvements - 10 years b. Bituminous alley improvements - 10 years Concrete alley improvements - 20 years C. Water and sanitary sewer hookups and improvements - 10 years d. Storm sewer improvements - 10 years Interest is charged at a rate established by the City Council at the time of certification of the levy. SECTION II. SURFACE IMPROVEMENTS Surface improvements shall include grading and base construction, sidewalks, curb and gutter, surfacing, resurfacing, undergrounding overhead utilities, landscaping, beautification, and street lighting. A. Standards for Surface Improvements 1. Arterial streets —shall be of "9 ton" design, of adequate width to accommodate projected traffic volumes. Sidewalks shall be provided on both sides of all arterial streets unless specifically omitted by the City Council, and shall be of the width approved by the City Council. 2. Collector streets — (including commercial and industrial access streets) shall be of 7 ton" design, or "9 ton" design, based on anticipated usage, and shall normally be constructed in accordance with state aid standards. Sidewalks may be provided on one or both sides of all collector streets in accordance with the comprehensive plan and shall be at least 5 feet in width, unless otherwise approved by the Council. Wherever feasible, a boulevard at least 7 feet in width shall be provided, measured from the street face of - _ curb to the street face of the sidewalk. 3. Residential streets —shall be of "5 ton" design, 30 feet in width, measured between faces of curbs or edge of street, unless otherwise approved by the Council. The Council may order the construction of sidewalks when such construction is warranted. 4. Alleys, in residential areas, shall be of "5 ton" design. Alleys shall be of bituminous construction unless drainage or other conditions require concrete. 5. Street lighting, when installed, shall be installed in accordance with the Council's policy on street lighting. Mid -block lights may be installed when the length of one block from the centerline of one intersecting street to the next intersecting street exceeds 700 feet, or when it is determined that a special public safety benefit would accrue. November, 2000 Page 2 City of Brooklyn Center Special Assessment Policy B. Assessment Formula for Surface Improvements The assessments to be levied against properties within the benefitted areas shall be distributed to those properties on the basis of the following provisions: 1. Residential Streets a. For residential properties zoned Rl, the assessment to be applied against each non - subdividable property shall be a unit amount established annually by the .City Council. Said assessment is intended to represent a specific proportion of the average cost of making a typical improvement, such as the average cost of reconstructing a typical block of residential street. For properties which may be all � le into two or more lots, the assessment to b e ap shall l egally y subdividab equal the maximum number of lots allowable times the unit assessment. The assessment shall be calculated as follows: For reconstruction or resurfacing of a residential street, the average cost 1. of a typical similar project shall be multiplied by the Council's designated proportion to be assessed. The total assessed shall be divided by the average number of lots to be assessed to determine the unit assessment. 2. Absent any other policy changes, such as an increase in the proportion of cost to be assessed, the unit assessment shall be adjusted annually to reflect cost of living increases as measured by the Construction Index. b. For residential properties zoned R2, the assessment shall be applied on a front foot basis, said unit being calculated as follows: The Rl unit assessment shall be divided by 75 feet, to determine the front foot rate. The minimum assessment for an R2 property shall be the R1 unit assessment. C. For residential properties zoned R3, the assessment shall be applied per unit on the following basis. The R2 front foot rate shall be multiplied by the total feet of frontage to determine the total benefit. The total benefit shall be divided by the total number of units in the development to determine the unit rate. d. For R4 to R7 properties, commercial, industrial, institutional, or special use properties, the benefits and resulting assessments shall be determined on an individual project basis. e. For those properties zoned Rl or R2 having frontage on two or more streets, special assessments shall be levied for improvements on only one of those frontages, at the owner's choice. For example, a property on the corner of A street and B Avenue may choose to be assessed when A street is improved, or B Avenue, but not both. • November, 2000 Page 3 City of Brooklyn Center Special Assessment Policy • 2. Municipal State Aid Streets a. For properties that are not commercial or industrial in project areas which are primarily residential in character: 1. Benefitting properties abutting a state aid designated street shall be assessed in the same manner as those abutting other residential streets. 2. In those cases where a municipal state aid street improvement project totally removes parking from a residential street where parking was previously allowed, no special assessments shall be levied. Where parking arrangements have been made, special assessments shall be levied. b. For properties which are commercial or industrial in project areas which are primarily residential in character, and for those properties in commercial areas: 1. Commercial and industrial properties shall be assessed based on an area (acreage) basis. An "A" zone of benefit shall be determined on a project basis, but would typically include that area of all properties ® abutting the street to be improved, extending to a depth of 200 feet or the property depth, whichever is less. A "B" zone of lesser benefit may be established to identify those properties or portions of properties which do not abut the improved roadway, but which accrue benefit. 2. Unless otherwise approved by the City Council, benefitting properties within this category will be assessed for 70 percent of the total project cost. The Brooklyn Center Municipal State Aid Fund regular account will be li , "*le fo' the remaining 30 percent of the project costs. 3. If there is a combination of commercial, industrial and residential properties, the commercial- industrial rate will be determined by calculating an equivalent footage rate based on assessing 70 percent of the total project cost, while the residential properties will be assessed in accordance with Subsection 2.a. of these policies. 3. Other Streets 1. Commercial and industrial properties abutting streets which are not designated as Municipal State Aid routes shall be assessed in the same manner as properties abutting State Aid routes, as detailed in Subsection 2.b above. • November, 2000 Page 4 City of Brooklyn Center Special Assessment Policy 2. Unless otherwise approved by the City Council, benefitting properties within this category will be assessed for 70 percent of the total project cost. The Brooklyn Center Municipal State Aid Fund local account will be liable for the remaining 30 percent of project cost. 4. Alleys a. The cost of installation, resurfacing, or reconstruction shall be assessed on a unit basis. Forty percent of the cost to be assessed shall be assessed equally to all owners of lots abutting the alley. The remaining 60 percent shall be assessed equally to all owners of lots currently having access to the alley. b. The cost to be assessed shall include all project costs. For properties where a non -hard surfaced driveway exists, the cost of constructing an asphalt driveway between the paved portion of the alley and property line, minus the cost of sod restoration for an equivalent area, shall be individually computed and added to the uniform assessment for the specific property involved. SECTION III. SUBSURFACE IMPROVEMENTS . Subsurface improvements shall include water distribution lines, sanitary sewer lines and storm sewer lines, ponds, or other drainage improvements. A. Standards Subsurface improvements shall be made to serve current and projected land use. All installations shall conform to the minimum standards therefore as established by those state, local, or federal agencies having jurisdiction over the proposed installations. All installations shall alsr- comply, to the iziaximuni extent feasible, to such quasi - official, nationally recognized standards as those of the American Insurance Association (formerly National Board of Fire Underwriters). Service lines to the property line of each known or assumed building location shall be installed in conjunction with the construction of the mains. B. Water Mains All properties shall be assessed their share of the cost of installing water main to serve the property and the cost of installing the water service line between the water main and the property line. In addition, all properties shall be assessed their share of city -wide or area improvements such as distribution mains, wells, above ground storage, and elevated storage tanks. November, 2000 Page 5 City of Brooklyn Center Special Assessment Policy • 1. For those improvement projects where existing main or appurtenances are repaired or P P replaced, including service replacement to the property line, no special assessments shall be charged. The full cost of said improvements shall be financed by the Water Utility Fund. 2. For those improvement projects where main or appurtenances are installed to provide new service to previously unserved properties, the full cost of said improvement shall be assessed, with the basis being the Engineer's determination of benefit to each newly served property. 3. All properties connecting to the water system shall be charged a connection charge as per the most current utility rate structure. Properties without services shall be responsible for the full cost of installing service from the main to the building. C. Sanitary Sewer All properties shall be assessed their share of the cost of installing sanitary sewer laterals to serve the property and the cost of installing the sanitary sewer service line between the street and the property line. In addition, all properties shall be assessed their share of city -wide or area improvements such as interceptors and pumping stations. 1. For those improvement projects where existing lateral or appurtenances are repaired or replaced, including service replacement to the property line, no special assessments shall be charged. The full cost of said improvements shall be financed by the Sanitary Sewer Utility Fund. 2. For those improvement projects where lateral or appurtenances are installed to provide new service to previously unserved properties, the full cost Cf saic improvement shall be assessed, with the basis being the Engineer's determination of benefit to each newly served property. 3. All properties connecting to the sanitary sewer system shall be charged a connection charge as per the most current utility rate structure. Properties without services shall be responsible for the full cost of installing a service from the main to the building. D. Storm Drainage All properties shall be assessed their share of the cost of installing storm drainage facilities to serve the property. In addition, all properties shall be assessed their share of city- wide or area improvements such as interceptors and detention ponds. • November, 2000 Page 6 City of Brooklyn Center Special Assessment Policy 1. For a project which includes construction of a storm sewer interceptor, detention pond, or other regional facility, an engineering study shall establish the distribution of benefit and determine the assessable portion of the project cost. The assessable cost of a storm sewer interceptor or detention pond shall be assessed equally per unit of area (square foot, acre, etc.) over the entire district served by the interceptor or detention pond. The assessment is generally levied in the current year of construction of the interceptor storm sewer or detention pond, and it is entirely likely that a large number of properties will be assessed which do not receive immediate and total drainage relief. It is, however, considered that such properties do accrue benefit from the interceptor storm sewer since the interceptor is available to receive lateral storm sewer connections, or the detention pond or other regional facility may provide relief from storm events of greater magnitude than a 5 year storm. 2. For those improvement projects where existing lateral or appurtenances are repaired or replaced, or slightly upgraded, no special assessment shall be charged. The full cost of said improvements shall be financed by the Storm Drainage Utility Fund. 3. For those improvement projects where laterals or appurtenances are installed to provide new service to previously unserved properties, or where service is substantially upgraded, a portion of the cost of said improvement shall be assessed. Said portion shall be the same as the assessable portion of residential street improvement costs, as established in subsection B.1.a. • November, 2000 Page 7 City of Brooklyn Center Special Assessment Policy SECTION IV. ASSESSMENT DEFERRAL PROGRAM There shall exist a program to defer a portion of the special assessments of qualifying persons under the provisions of Minnesota Statutes 435.193 through 435.195. Said program shall defer the payment of a portion of certified special assessments by property owners who are at least 65 years of age or older or who are retired due to permanent and total disability whose households meet certain financial characteristics. A. Eligibility 1. The property upon which the assessment is deferred must be homesteaded; 2. The property is owned by a person at least 65 years of age on January 1st of the year in which payment of the first installment of the subject assessment levy is due; or is owned by a person who is retired due to permanent and total disability. 3. The applicant must have a "financial hardship" defined as: . a. An annual income for the applicant's household size which is at or below the "Very Low Income" limit established annually by HUD for the Minneapolis and St.Paul Metropolitan Area; and b. The aggregate total of special assessment installments from previously- existing special assessment levies plus the first year of the current levy will exceed 1 -1 /2 percent of the applicant's annual income. B. Calculation 1. The portion of the current levy which will be deferred will be that portion of the levy against the applicant's property which requires a first year installment payment which, when added to the applicant's annual payments from previously existing special assessment levies, would result in an aggregate total of special assessment installments totaling more than 1 - /2 percent of the applicant's annual income. The portion of the current levy which can be paid without aggregating total installments above 1 - /2 percent of the applicant's annual income shall not be deferred. 2. Special assessments levied due to the applicant's failure -to -pay charges for City services or failure to comply to City codes (i.e. delinquent utility assessments, assessments for weed removals, assessments for nuisance abatement, etc.) shall not be deferred, and installment payments for existing levies for such services shall not be included in calculating the maximum 1 -' /z percent aggregate payment defined in paragraph B.1. above. November, 2000 Page 8 City of Brooklyn Center Special Assessment Policy • C. Interest Simple interest at the rate of that particular assessment levy shall be added to the deferred assessment, calculated from the date interest started to accrue on the original levy (usually the October 1 immediately following the certification date) to the date of payment of the deferred portion of the assessment. D. Termination The option to defer the payment of special assessments shall terminate and all amount accumulated plus applicable interest, shall become due upon the occurrence of one of the following events: 1. The death of the owner, provided that the spouse is otherwise not eligible for the benefits. 2. The sale, transfer, or subdivision of the property or any part thereof. 3. If the property should for any reason lose its homestead status. 4. The City Council determines that a hardship no longer exists. i November, 2000 Page 9 City Council Agenda Item No. 9a s PROCLAMATION WORLD AIDS DAY — DECEMBER 1, 2000 WHEREAS, the global epidemic of HIV infection and AIDS requires a worldwide effort to increase communication, education, and united action to stop the spread of HIV /AIDS; and WHEREAS, the Joint United Nations Programme on HIV /AIDS (UNAIDS) observes December 1 of each year as World AIDS Day, a day to expand and strengthen worldwide efforts to stop the spread of HIV /AIDS; and WHEREAS, UNAIDS estimates that over 34 million people worldwide are currently living with HIV /AIDS, with young people under the age of 25 accounting for more than half of all new infections; and WHEREAS, the American Association for World Health is encouraging a better understanding of the challenge of HIV /AIDS nationally as it recognizes that the number of people diagnosed with HIV and AIDS in the United States continues to increase, with 850,000 people in the U.S. now infected; and WHEREAS, World AIDS Day provides an opportunity to focus local, national, and international attention on HIV infection and AIDS and to disseminate information on how to prevent the spread of HIV; and • WHEREAS, because men represent the majority of people living with HIV /AIDS, the World AIDS Day 2000 theme, AIDS: All Men — Make a Difference!, urges all men to increase their awareness of the risk of HIV /AIDS for themselves, their partners, and their children and to use their influence in their families, among their friends, and in their communities to help stem the tide of the HIV /AIDS epidemic. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim that the City of Brooklyn Center will observe World AIDS Day on December 1, 2000; I urge all citizens to take part in acdv4i -s all observant - -s designed to increase awareness and understanding of HIV /AIDS as a global challenge, to take part in HIV /AIDS prevention activities and programs, and to join the global effort to prevent the further spread of HIV /AIDS. Date Mayor ATTEST: City Clerk • City Council Agenda Item No. 9b s • 470 Pillsbury Center ® 200 South Sixth Street Minneapolis MN 55402 Graven (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: / /www.kennedy- graven.com I CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy- graven.com November 10, 2000 Mr. Mike McCauley City Manager -C ; ±y of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Special Assessment Against Post Office Dear Mike: Attached is a draft resolution canceling the special assessment against the post office property. Very truly yours, Charles L. LeFevere CLL:lh Enclosure cc: Mr. Steven Baker (with enclosure) 0 CLL- 188793v1 BR291 -10 I Member introduced the following resolution and moved this adoption: RESOLUTION NO. RESOLUTION CANCELLING SPECIAL ASSESSMENT AGAINST US POSTAL SERVICE PROPERTY WHEREAS, the City has previously levied special assessments for street improvement project 1998 -07 against property owned by the United States Postal Service, identified as property identification no. 34 119 2122 0007, located at 6848 Lee Avenue North; and WHEREAS, the Council has been advised by the City Attorney and the County Attorney that special assessments may not legally be collected from the United States Postal Service; and WHEREAS, the Taxpayer Services Department of Hennepin County has requested that ni h r the City Council take formal action to remove the above referenced assessment from the records relating to the above referenced property; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the special assessments levied by City Council Resolution No. 98 -61, on April 27, 1998, for City street improvement project no. 1998 -07 against property identification number 34 119 2122 0007 is hereby cancelled, and the City Manager is authorized and directed to forward a certified copy of this Resolution to Hennepin County. 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: The following voted against the same: Whereupon said resolution was declared duly passed and adopted. CLL- 188792v1 BR291 -10 City Council Agenda Item No. 9c Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY TO DONATE OUTDATED COMPUTER EQUIPMENT TO THE MINNESOTA COMPUTER FOR SCHOOLS RERFURBISHING PROGRAM AND DISPOSE OF ALL COMPUTER EQUIPMENT THAT DOES NOT MEET PROGRAM STANDARDS BY FOLLOWING HENNEPIN COUNTY WASTE DISPOSAL GUIDELINES WHEREAS, the City of Brooklyn Center replaces computer equipment annually as determined necessary; and WHEREAS, the City of Brooklyn Center discards outdated computer equipment determined not to be of value in conducting City business; and WHEREAS, most discarded computer equipment is over five years old; and WHEREAS, in the past computer equipment was discarded through a private company paying the City a low fee (1999 - $150) for taking all outdated computer equipment; and WHEREAS, the Minnesota Computers for Schools Refurbishing Program combines public and private resources in a cooperative effort to put out -of- service computers and printers to work for Minnesota schools; and WHEREAS, Brooklyn Center Public and St. Alphonsus Schools have been recipients of computer hardware from the Minnesota Computer for Schools Refurbishing Program; and WHEREAS, the Minnesota Computers for Schools Refurbishing Program has equipment standards for donations; and WHEREAS, if computer equipment does not meet the Minnesota Computers for Schools Refurbishing Program donation standard, computer equipment will be disposed of appropriately by following Hennepin County Waste Disposal guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that acceptable City discarded computer hardware may be donated to Minnesota Refurbishing Program where such donation is of discarded equipment deemed to have little value for sale or trade -in by the City. Non - acceptable discarded computer equipment will be disposed of appropriately by following Hennepin County Waste Disposal guidelines. i RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and uper- 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. i MEMO To: Michael McCauley, City Manager From: Patty Hartwig, Information Technology Coordinator Sub'ec • Discarding iscardin of Outdated Computer Equipment g P q P Date: November 16, 2000 It is recommendee nor consideration that the City donate outdated computer equipment to the - Minnesota Computers for Schools Refurbishing Program. Attached is detailed information about the Program. If outdated computer equipment does not meet Program donation equipment standards, the equipment will be disposed appropriately by following Hennepin County Waste Disposal guidelines. i Attached is a Resolution recommending policy for the discarding of outdated City computer g P Y g tY P equipment. If ou have an questions, please feel free to contact me. Y any Attachments i Computers for Schools http: / /www.cfsrp.state.mn.us/ eewrU *was *WhiRs a tft{ir r4 FOR scr *ass �Bf4Rb3EHlN :'k(.IGR :AS rbonations] rMedia Coveraael f 5chool Request Processl f Benef itsl f Eauit ment Donors] f Reci)ients of Comouters] (Links of Interest] *NEW* rbriversl Mission and Goals The mission of the program - 4xto increase the number of multimedia computers in Minnesota K -12 public and nonpublic schools. Program goals call for the placement of 6000 computers in calendar year 1998, 9500 more in calendar year 1999, and the remainder of the program goal of 18,500 in calendar year 2000. Background The Computers for Schools program seeks to raise the quality and quantity of computer technology in K -12 classrooms throughout Minnesota, with a goal of placing more than 18,500 useable desktop and laptop multimedia computers in schools by July 1, 2000. The computers are placed in schools based on priority of need. More than 11 million personal computers are taken out of service each year in the United States. And while those computers may no longer meet the more demanding needs of businesses, since they are upgraded many meet or exceed the quality of computers needed in schools. Computers for Schools, created by the Detwiler Foundation in 1991, is the largest computer donation program in the nation. The program enables businesses, organizations and government agencies to make tax deductible donations of eligible used computers and related equipment that are refurbished and placed in classrooms at no cost to the school district. Nationwide, Computers for Schools has helped p lace more than 43,000 computers in 21 states. In Minnesota, Computers for Schools has been operated by the Minnesota Department of Children, Families dt Learning since August 1997. It was launched in support of Governor Arne Carlson, as part of his administration's educational reforms program, and funding from the Minnesota Legislature. • Success to Date 1 of 3 11/16/2000 08:07 Computers for Schools hq: / /www.efsrp.state.mn.us/ 20,983 refurbished 20,580 placed in 118 districts plus an additional 217 schools Approximately 165,000 students served Averaging 225 per week Current Demand Requests from 192 School Districts and 382 Individual Schools 45,000+ systems requested Additional requests weekly Inmates Involved MCF - Sti I (water - 50 MCF - Lino Lakes - 40 Contact Information Address Computers for Schools Program MCF - Stillwater 970 Pickett Street North Bayport, Minnesota 55003 -1490 Telephone 651 - 779 -2816 or 651- 779 -5716 for Technical Support FAX 651 - 351 -3606 Electronic Mail General Information: dfoley@stw.doc.state.mn.us Technical Support: cfsrp01@hotmail.com (Donations) (Media Coveraae] [School Request Process) rBenefitsl FEquipment Donors) (Recipients of Computers) [Links of Interest] Recipients of Computers http:/ /www.cfsrp.state.mn.us/prO2.htm 4 caasttta�sM1 �i�M4ix1(a�t,�iirry, FOR OCKOOLs xr:FUNISI SHIN RECIPIENTS OF COMPUTERS School Placement to hate Academy of Saints. Peter & Paul, Loretto Ada -Borup Public Schools Aitkin Public Schools Alden- Conger Public Schools Alden- Conger Special Education Alexandria Public Schools Apollo High School, St. Cloud Area Special Education Coop, East Grand Forks Atwater Cosmos - Grove City (ACGC) Public Schools Audubon Elementary School Austin High School Balaton Public Schools Barnesville Public Schools Battle Lake Public Schools Beaver River Christian School Bellingham Public Schools Belview- Danube - Renville - Sacred Heart (BDRSH) Public Schools Bemidji Alternative Learning Center Bemidji High School Bemidji Northern Elementary School Benson Christian School Berea Lutheran School Bertha - Hewitt Public Schools Bethany Academy, Bloomington BOLD School, Olivia Brainerd Public Schools Brandon Public Schools Breckenridge Public Schools 1 of 9 11/16/2000 08:10 Recipients of Computers http,/ /www.o €srp.stftto,mn.us/pro2,htm Brooklyn Center Public Schools Browerville Public Schools Browns Valley Public Schools Burnsville- Eagan - Savage Public Schools Byron Public Schools Cambridge Elementary School Canby Public Schools Cass Lake -Bens High School Cedar Manor Intermediate School, St. Louis Park Cedar Mountain School, Franklin Centennial Public Schools Centerville Elementary School Central Lutheran School, St. Paul Central Middle School, East Grand f=orks Central Minnesota Deaf School, St. Cloud Central Public Schools, Norwood -Young America Chatfield Public Schools Chisholm Public Schools Chokio - Alberta Public Schools Christ Lutheran School, North St. Paul Christ the King, Browerville Christ the King -St. Thomas the Apostle, Minneapolis Christ's Household of Faith, St. Paul Clearbrook - Gonvik Public Schools Cleveland Public Schools Climax- Shelly Public Schools Cl into n-Gracevi I le- Beardsley Public Schools Cokato Public Schools Community Christian School, Willmar Cornerstone Christian School, Emily Crookston Public Schools Crosby- Ironton Public Schools Crucifixion Elementary School, LaCrescent Dassel- Cokato Public Schools Detroit Lake Public Schools Eagle Valley Public Schools East Central High School, Sandstone East Grand Forks Public Schools East Grand Forks Special Education Cooperative ECHO Charter Schools Recipients of Computers http:/ /www.ofsrp.stute.mn.ui/pro2.htm Edgeton Christian Elementary School Edina Public Schools Edison High School, Minneapolis Elk River Public Schools Ely Public Schools Emanuel Lutheran School, Hamburg Emanuel Lutheran School, West St. Paul Evangelical School, Lester Prairie Evansville Public Schools Family of Christ Lutheran School, Baxter Fergus Falls Senior High School Fertile - Beltrami Public Schools Fillmore Central Public Schools, Harmony First Baptist School, Rosemount First Ev. Lutheran School, Glencoe Fisher Public Schools Forest Lake Public Schools Fosston Public Schools Frank White Elementary School, Park Rapids Frazee - Vergas Public Schools Garlough Elementary School, West St. Paul Gethsemane Lutheran School Maplewood GFW Public Schools, Gibbon Glencoe /Silver Lake Public Schools Glenville Public Schools Good Shepherd Ev. Lutheran School, Burnsville Goodhue County /Deerview Public Schools, Red Wing Grace Lutheran Christian School, Dodge Center Greenway Public Schools, Coleraine Groveland Park Elementary School, St. Paul Hancock Public Schools ® Hands On Alternative School, Minneapolis Harding Senior High School, St. Paul Hastings Public Schools Heart of the Earth School, Minneapolis Henning Public Schools Herman- Norcross Community School, Herman Hibbing Catholic School Higher Ground Academy, Minneapolis Highland Catholic School, St. Paul Recipients of Computers http:/ /www.efgrp.gtate,mn.ui/prO2,htm Holdingford Public Schools Hollandale Christian School Holy Childhood Elementary School, St. Paul Holy Family Catholic School, Silver Lake Holy Redeemer School, Montgomery Holy Redeemer School, Marshall Holy Rosary Catholic School, Detroit Lakes Holy Rosary School, North Mankato Holy Rosary School - Duluth Holy Trinity Elementary School, Winsted Holy Trinity High School, Winsted Holy Trinity School, South St. Paul Horace May Elementary, Bemidji Howard Lake- Waverly - Winsted Public Schools Hutchinson Public Schools IHM St. Luke's School - St. Paul Immanuel Lutheran School, Courtland Immanuel Lutheran School, Gibbon Immanuel Lutheran School, Hutchinson Immanuel Lutheran School - Lakef ield International Falls Public Schools Isanti Middle School Isle Public Schools J.A. Hughes Elementary School, Red Lake Falls John Ireland Consolidated School, Hopkins John Ireland School, St. Peter Jordan Public Schools Kennedy Elementary School, St. Joseph Kingsland Public Schools Lake Crysal Wellcome - Memorial Public Schools Lake Harriet Montessori School, Minneapolis Lake of the Woods Public Schools Lake Park Public Schools Lake Superior Public Schools, Two Harbors Lakeview Public Schools, Cottonwood Leaf River Public Schools Lester Prairie School District LeSueur- Henderson Public Schools Lewiston Public Schools Lincoln Public Schools, Ivanhoe Recipients of Computors http;/ /Www.ofsrp,stato.mn,ux/pr02.htm Lonsdale Public Schools LNMV Area School, Lansdale Lutheran High School, Mayer Lutheran High School of Greater Minnesota, Bloomington Lyle Public Schools Mahnomen Elementary School Mahnomen High School Mankato Area Catholic Schools Mankato West High School Maple Lake School District Marshall Public Schools Menahga Public Schools Mendota Elementary School Mexica Multicultural Education Charter School Milaca -Faith Christian School, Milaca + Milaca Public Schools Minneapolis Crawford Day School Minneapolis Public Schools Minneapolis /Barton Open School Minneota Public Schools i M nnesota Christian Academy, Minneapolis Minnesota Waldorf School, Roseville Minnewaska Public Schools Monticello Public Schools Moorhead Public Schools Morris Area Public Schools Moundsview Public Schools New Life Academy, Woodbury New Spirit Primary School, St. Paul New Spirit School, St. Paul New Spirit School, St. Peter + New York Mills School District Nicollet Public Schools North Community High School North St. Paul- Maplewood - Oakdale Public Schools Northvide Christian School, Moundsview Northview Junior High School, Brooklyn Park Oak Grove High School Moundsview • Oakland Area Learning Center, St. Francis Odyssey Charter School, Brooklyn Park 5 of 9 11/16/2000 08:10 Recipients of Computers http; / /www.cfsrp,state,mn,udpr02,htm Orono Public Schools Osage Elementary School, Park Rapids Our Lady of Mt. Carmel School, Easton Our Lady of the Prairie School, Belle Plaine Our Savior's Lutheran School, Crookston Owatonna Christian School Park Rapids Public Schools Perham /Dent Public Schools Pilgrim Lane Elementary School, Plymouth Pilot Knob Elementary School, Eagan P.L.A.C.E. II, Stillwater Plummer Public Schools Ponds Edge Early Learning School Prior Lake- Savage Public Schools Red Lake Public Schools Redwood Falls Public Schools Rice Lake Elementary School, Lino Lakes Risen Christ School, St. Paul, MN River Bend Academy, Mankato Robbinsdale- Armstrong Public Schools Rochester Montessori School Rockford Public Schools Rocori Public Schools Roseau Public Schools Roseville Public Schools Rothsay Public Schools Rushford- Peterson Schools Sacred Heart School, East Grand Forks Sacred Heart School, Staples Sacred Heart School, Waseca Sanford Middle School, Minneapolis Sartell -St. Stephen Public Schools Sauk Centre Public Schools Sebeka Public Schools Seed Academy Harvest Prep, Minneapolis Shakopee Public Schools Sibley East Public Schools Spring Grove Public Schools Solon Junior Academy, Minneapolis Southland High School, Adams 6 of 9 11116/2000 08:10 Recipients of Computers http: / /Www.cfarp.statc.=.us/pr02,htm South Washington County Public Schools Southern Plains Educational Cooperative, Fairmont St. Alphonsus School, Brooklyn Center St. Anastasia School, Hutchinson St. Andrew's Ev. Lutheran School, St. Paul Park St. Andrew's School, Fairfax St. Anne's School, Wadena St. Bernard's Catholic School, St. Paul St. Bernard's Catholic School, Thief River Falls St. Casimir School, Wells St. Charles Public Schools St. Clair Public Schools St. Cloud Area Learning Center St. Cloud Christian School St. Columbia Catholic School, St. Paul St. Elizabeth Ann Seton School, Hastings St. Elizabeth Ann Seton School, St. Cloud St. Francis Public Schools St. Francis School, Brainerd St. James School, Duluth • St. Jerome's School, Maplewood St. John's Lutheran School, Dakota St. John's Lutheran School, Fairfax St. John's Lutheran School, Goodhue St. John's Lutheran School, Okabena St. John's Lutheran School, Redwood Falls St. John's Lutheran School, Vernon Center St. John's Lutheran School, Wood Lake St. John's Area School, Foley St. Joseph's School, Moorhead St. Joseph's School, Red Lake Falls St. Joseph's Cathedral School, Crookston St. Louis County Public Schools St. Mary's School, Bird Island St. Mary's School, Breckenridge St. Mary's School, Owatonna St. Mary's School, Pine City St. Mary's School, Red Lake St. Mary's Elementary School, Sleepy Eye St. Mary's Junior /Senior High School, Sleepy Eye 7 of 9 11/16/2000 08:10 Recipients of Computers http://www.cferp.fttc,mn,us/pr02,htm St. Matthias School, Hampton St. Michael's Lakeside School, Duluth • St. Michael's Parish School, St. Michael St. Michael's School, Mahnomen St. Michael's School, Prior Lake St. Pascal Baylon School, St. Paul St. Paul Public Schools St. Paul's Ev. Lutheran School, Austin St. Paul's Lutheran Elementary School, Cannon Falls St. Paul's Lutheran School, Arlington St. Paul's Lutheran School, Fairmont St. Paul's Lutheran School, New Ulm St. Paul's Lutheran School, Perham St. Paul's Lutheran School, St. James ST. PezrF Public Schools St. Peter's and Paul's Grade School, Mankato St. Peter's School, Canby St. Peter's School, Delano St. Peter's School, Hokah St. Philip's School, Litchfield S St. Pious Catholic School, Glencoe St. Rose School, Proctor St. Timothy Catholic School, Maple Lake St. Wendelin School, St. Cloud Sts. Peter, Paul ,& Michael School, St. Cloud Success Academy, St. Paul Summit School, Duluth ► Summit School for the Arts, Chisago City Swanville Public Schools Technical High School, St. Cloud The Academy, Moundsview The City, Inc. School, Minneapolis The Classical Academy, St. Louis Park The Village School of Northfield Trinity Lutheran School, Janesville Trinity Lutheran School, Long Prairie Trinity School at River Ridge, Bloomington Twin Cities Academy, St. Paul Underwood Public Schools United South Central- Covenant Life, Wells 8 of 9 11/16/2000 08:10 Recipients of Computers http:/ /www,cfgrp,gtittc.mn.u§/pro2,htm United South Central Schools, Wells United South Central -Sober School, Wells Upsal Public Schools Verndale Public Schools Volunteers of America Alternative School, Minneapolis Wabasha- Kellogg Public Schools Wabasso Public Schools Walker - Hackensak- Akeley Public Schools Warroad Public Schools Waubun -Ogema -White Earth Community Schools West Central Area Schools, Barrett West St. Paul- Mendota Heights -Eagan Public Schools Wheaton Public Schools White Bear Lake Public Schools Willmar Public Schools Willow Lane Elementary, Brooklyn Center Windom Public Schools Zion Lutheran School, Alexandria Zion Lutheran School, Mayer For More Information Contact: Computers for Schools Telephone: 651 - 779 -2816 FAX: 651- 351 -3606 E -Mail: ekroouenCstw.doc. state. mn.us, FHOMEJ • 9 of 9 11/16/2000 08:10 i City Council Agenda Item No. 9d MEMORANDUM DATE: November 22, 2000 TO: Michael I McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: 2001 Public Utilities Rate Study Attached for Council consideration is the 2001 Public Utilities Rate Study. This item was discussed at the Council's October 16 and November 20 work sessions. The City Council annually reviews public utility rates to determine their adequacy in meeting financial goals and supporting operations and capital projects. In summary, I recommend the Council consider increasing the water, sanitary sewer, and storm drainage rates, with no change to the recycling rates. The recommended rates increase the annual utility bill of the average customer by about 4.6 percent (or $4.35 per quarter), and of the average senior customer 4.3 percent (or $2.12 per quarter). By comparison, the annualized inflation rate is currently 3.4 percent, and next years' Social Security Cost of Living Adjustment (COLA) will be 3.5 percent. The rates would increase as follows: • Water: from $0.94 per 1,000 gallons to $0.98. Last year, when setting rates for 2000, we had projected that the water rate would have to increase to $0.96 in 2001. The additional increase is due to a closer and more conservative estimate of capital improvement project costs. • Sanitary sewer: from $47.50 per quarter for a single family residence ($26.13 for seniors) to $50.00 ($27.50 for seniors). There was no rate increase in 2000. Last year, when setting rates for 2000, we had projected that the sanitary sewer rate would have to increase to $48.75 per quarter in 2001. Again, the additional increase is due to a closer and more conservative estimate of capital improvement project costs. • Storm drainage: from $10.00 per quarter for a single family residence to $10.75. Last year we anticipated increasing the rate to $10.50 in 2001. As a result of several detailed studies undertaken in the past 3 -4 years we now have a good understanding of future storm drainage capital needs. • Recycling: no increase, continue at $6.45 per quarter for a single family residence. In addition, I recommend adoption of a schedule of utility connection charges to replace the schedule of utility hookup charges. What is Driving These Rate Increases? Public utilities are often the target of unfunded mandates. For example, several years ago, the Department of Health enacted a State Water Connection Surcharge to assist the State in paying the costs of meeting federal EPA requirements for water testing for lead and copper. In 2001 this cost is $47,000. The federally mandated Consumer Confidence Report, which must be made available to all users of City water, is an additional cost. We have budgeted $5,000 in printing and postage to prepare and mail this report. This expense will be continuing, as the City is required to update that report every year. The most significant force behind the rate increases is the Neighborhood Street and Utility Improvement Program. Substantial capital outlays have been made and will continue from these funds. Our own prioritization policy is the culprit: we have identified as highest priority for improvement those neighborhoods that have the highest combination of needs. Thus, projects completed to date and those in the 5 year plan all will require substantial improvements in all three utilities. We have also changed our philosophy in how we estimate costs. We believe that it is important to plan for the worst case but actually do only what is necessary. We believe this is a more responsible planning approach than to take our best guess of what a project three years from now might require. Under that approach should our best guess underestimate the costs we may not have enough funds available to do what is necessary and would have to scale back a project already in the design phase. Are We Doing All We Can To Keep Rates as Low As Possible? On the operating side, there is little room for savings. Wages are fixed by union contracts. Overtime when expended is generally the result of equipment failure (such as a water main break) or natural causes (during power outages having to shuttle generators between lift stations to pump down the wet wells until power is restored) which need to be responded to immediately to protect public health and safety. Utility staff has found the most cost - effective supplies and applications of chemicals and regularly performs preventative maintenance on all components of the utility systems. The installation of energy- saving adjustable speed drives at six wells has reduced electric costs by $40,000. Even implementing the Central Garage Internal Service Fund helps by "even -ing out" expenses for equipment. There may be additional small efficiencies yet to be gained, and utility staff is committed to operating the utilities in as cost efficient, safe a manner as possible. On the capital side, the only real option to reduce costs is to scale back the Neighborhood Street and Utility Improvement Program. This will happen necessarily in the latter part of the five year period as the amount available to pay the City's share of the street costs will not be enough to sustain the pace of miles completed each year. Starting in 2003, the size of projects will substantially decrease, and the capital outlays from the utility funds will correspondingly decrease. . As for other capital improvement projects, virtually all which are proposed are necessary to maintain the integrity of the utility systems, and we rely on the public bidding process to ensure that the work is completed at as low a cost as possible. Attached to this report are graphs showing past rates and expected future rates compared to inflation. As can be seen, in some years the rate increases have been less than the inflation rate. There have also been years when the rates did not increase. How Do Brooklyn Center's Rates Compare With Other Cities? Brooklyn Center has historically had one of the very lowest water rates in the entire state, in large part because we do not operate a treatment plant. The table below shows the 2001 water rates of various Metro area cities. Table 1 2001 Water Rates of Various Metro Area Cities Based on Average 100,000 G Annual Consumption i s CITY PER 1000 G CITY I PER 1000 G Golden Valley $1.90 Brooklyn Park $1.20 Crystal 1.90 Osseo 1.10 New Hope 1.75 Andover 1.03 Minneapolis 1.65 Fridley 1.00 Richfield 1.62 Brooklyn Center 0.98 Bloomington 1.55 Maple Grove 0.90 Robbinsdale 1.51 Plymouth 0.75 The sanitary sewer rate has historically been in the middle range of comparable cities. The table below shows 2001 sanitary sewer rates, converted where necessary for comparability. 0 Table 2 2001 Quarterly Sanitary Sewer Charges of Various Metro Area Cities (Converted to Quarterly Rate Where Necessary Based on 100,000 G Annual Consumption) CITY PER QUARTER CITY ( PER QUARTER Richfield $72.50 Robbinsdale $53.75 Minneapolis 71.75 Maple Grove 50.25 New Hope 65.90 Brooklyn Center 50.00 Fridley 62.50 Andover 45.00 Plymouth 57.60 Blaine 44.70 Hopkins 56.25 Cr y stat 43.37 Brooklyn Park 55.00 Golden Valley 43.00 Finally, Brooklyn Center has one of the highest Storm Drainage Utility rates. Other cities that have similar rates are also in the process of constructing substantial improvements. Cities with lesser rates are not actively constructing improvements, or assess a much larger share of the cost of improvements to the property owners. Table 3 2001 Residential Storm Drainage Utility Rates of Various Metro Area Cities CITY PER QUARTER CITY PER QUARTER Hopkins $12.00 Shoreview $7.90 Brooklyn Center 10.75 Crystal 5.85 Bloomington 10.13 Robbinsdale 5.85 Richfield 8.80 Roseville 4.38 New Hope 8.76 Fridley 2.80 Golden Valley 8.00 P lymouth New Summary • I believe these rates are fiscally prudent and necessary for the sound management of the utilities. i City of Brooklyn Center 2001 Public Utilities Rate Study The City Council annually reviews public utility rates to ensure their adequacy in meeting financial goals. The Public Works Department strives to meet these goals while keeping rates as affordable as possible. The total utility bill paid by a resident of Brooklyn Center continues to be lower than in most area communities. Water Utility: Average Residential 2000 2001 The schedule labeled Water Utility Rate Study: 2001 Utility Customer I Charge I Charge g g shows the projected effect of increases in rates for 2001 and subsequent years. Recycling $25.80 $25.80 With the exception of the periodic painting of water Water $122.20 $127.40 towers and the possible need for a water treatment Sanitary Sewer $190.00 $200.00 facility in the future, most capital outlays in the water utility will be main replacements associated with Storm Drainage $40.00 $43.00 neighborhood street improvements and other infrastructure repair. Total $378.80 $396.20 It is recommended that the Council adopt a rate Dollar Increase $17.40 increase of 4.25%, or an increase from $0.94 per 1,000 gallons to $0.98. Percent Increase 1.8% 4.6% Major improvement projects scheduled for 2001 include water main replacement associated with the 2001 neighborhood street reconstruction in the Garden City North Neighborhood and with the Brooklyn Boulevard project, and rehabbing the exterior of Wellhouse #4. Sanitary Sewer Utility: The table Sanitary Sewer Rate Study: 2001 shows the projected effect of a modest increase for 2001. Considerable expenditures have been made from this fund in the past several years, however, this cycle of large facility expenditures is coming to an end. Aside from facility improvements, neighborhood street projects have required substantial sanitary sewer main replacements and repairs, and will continue to do so. In most neighborhood projects, the majority of sewer main has been found to be in need of replacement. Capital improvements for 2001 will include: replacement of all the sanitary sewer lines as a part of the 2001 neighborhood street improvement program in the Garden City North Neighborhood. Detailed analysis of future capital needs for all utilities can be found in the Capital Improvements Plan. It is recommended that the Council adopt a rate increase of 5.3 %, and increase rates from $47.50 per quarter (residential rate) to $50.00 per quarter. There was no rate increase in 2000. Storm Drainage Utility: The table Storm Drainage Utility Rate Study: 2001 shows a 7.5 % increase in 2001 rates, with smaller or no increases in the following four years. A financial management priority for the storm drainage utility is the accumulation of a minimum Average Senior Utility 2000 2001 cash balance of $540,000. This balance is necessary Customer Charge Charge to provide for adequate cash flow and provide flexibility in programming projects. Substantial improvements to the Palmer Lake basin as well as Recycling $25.80 $25.80 construction of additional regional detention ponds are expected to become a priority over the next Water $28.00 $28.00 several years. Sanitary Sewer $104.52 $110.00 Capital improvements scheduled for 2001 include: Storm Drainage $40.00 $43.00 storm sewer work associated with the neighborhood street reconstruction in the Garden City North Neighborhood, miscellaneous structure Total $198.32 $206.80 improvements, and participation in a potential Dollar Increase $8.48 project to improve water quality in Upper Twin Lake. Percent Increase 1.1% 4.3% It is.recommended that the Council adopt a rate increase of 7.5%, or an increase from $10.00 per quarter (residential rate) to $10.75 per quarter. Recycling Utility: The Hennepin Recycling Group (HRG) has adopted their budget for 2001 and it maintains current service levels with no increase in fees for 2001. Rates will remain at $2.15 per month, or $6.45 per quarter. Utility Connection Charges: The new utility connection charges would be effective January 1, 2001, at the rates previously discussed by the Council and shown on the utility rate schedule. Summary: Staff recommends increases in water, sanitary sewer and storm drainage rates for 2001. If the recommended rates are adopted, the annual utility bill of the average customer would increase by approximately 4.6 percent. The annual bill of a senior customer would increase by 4.3 percent. This compares to the current rate of inflation of 3.4 percent and the Social Security COLA increase for 2001 of 3.5 percent. WATER UTILITY RATE STUDY: 2001 20-Nov-00 Budget budget .... . .. ... . :. ......... ............... .. . . . . . . . .. . . . . ....... .............. .... .....; Start of Year Cash & Investments $2,822,155 $2,449,993 $1,815,949 $1,008,118 $1,058,900 $1,016,075 EXPENDITURES Operations Personal Service $414,306 $445,938 $459,316 $473,096 $487,288 $501,907 Contractual Service 201,195 210,290 216,599 223,097 229,790 236,683 Supplies & Materials 145,000 147,000 151,410 155,952 160,631 165,450 Utilities/insurance 117,100 119,475 123,059 126,751 130,554 134,470 Depreciation 372,042 412,055 420,000 425,000 430,000 435,000 TOTAL EXPENDITURES $1,249,643 $1,334,758 $1,370,384 $1,403,896 $1,438,262 $1,473,510 REVENUES Billing Revenues $1,128,000 $1,176,000 $1,224,000 $1,320,000 $1,416,000 $1,488000 Miscellaneous Operating 150,000 155,000 160,000 165,000 170,000 175:000 Bond proceeds Change in Fair Market Value of Inv Miscellaneous Non-operating 20,000 20,000 20,000 20,000 20,000 20,000 TOTAL REVENUES $1,298,000 $1,351,000 $1,404,000 $1,505,000 $1,606,000 $1,683,000 Net Income or Loss $48,357 $16,242 $33,616 $101,104 $167,738 $209,490 Depreciation Add-Back $372,042 I $412,055 I $420,000 I $425,000 $430,000 $435,000 73 ��i - ..490;�. ....... ..... ..... 44 .... I . C: ..:. M.: OT� 04i! iildililili!$' .9 7 ...::: 'A a - 1 ....... . 5 . ut! A . Ia'* $4204. ..... ....... . . ..3 .......... I ....................... ............... . ...... ........... Non Operating Expenditures Capital Outlay $877,369 $1,128,540 $1,295,945 $525,728 $693,508 $375,728 Debt Service $56,300 $56,300 $56,300 Non Operating Revenues Interest Earnings $141,108 $122,500 $90,797 $50,406 $52,945 $50,804 Total Net Effect on Fund Balance ($372,162) ($634,043) ($807,832) $50,782 ($42,825) $319,565 End of Year Cash & Investments $2,449,993 $1,815,949 $1,008,118 $1,058,900 $1,016,075 $1,335,640 For Information Cash Balance Target $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 '2 .............. ....... .... ............ .. . . . ........... . . ........... . . . .. Number of gallons (in 1000s) 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 Water Rate, 1995 -2005 Compared To Inflation $1.30 1.20 $1.10 U) 0 $1.00 C1 0 CL $0.90 . $0.80 --fit— Water Rates - - Inflation $0.70 $0.60 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 SA#TARY SEWER RATE STUDY: 2001 20-Nov-00 Budget Budget . ...... 0.04 ............. ........ . ...... ..... .......... . ....... Start of Year Cash & Investments $1,332,556 $840,186 $803,600 $424,388 $603,473 $793,326 EXPENDITURES Operations Personal Service $196,426 $208,729 $214,991 $221,441 $228,084 $234,926 Contractual Service 130,691 132,288 138,902 145,848 153,140 160,797 Supplies & Materials 17,000 16,500 16,995 17,505 18,030 18,571 Utilities/Insurance 29,250 32,380 33,999 35,699 37,484 39,358 Depreciation 213,024 234,237 240,000 245,000 250,000 255,000 Subtotal: City O&M Expense $586,391 $624,134 $644,887 $665,492 $686,738 $708,652 MCES Charges $1,410,000 $1,425,000 $1,439,250 $1,453,643 $1,468,179 $1,482,861 TOTAL EXPENDITURES $1,996,391 $2,049,134 $2,084,137 $2,119,134 $2,154,917 $2,191,513 REVENUES Billing Revenues $2,376,044 $2,510,901 $2,647,386 $2,685,765 $2,725,245 $2,766,045 Miscellaneous Operating 0 0 0 0 0 0 Change in Fair Market Value of Inv Miscellaneous Non-operating 1,000 1,000 1,000 1,000 1,000 1,000 TOTAL REVENUES $2,377,044 $2,511,901 $2,648,386 $2,686,765 $2,726,245 $2,767,045 Net Income or Loss $380,653 $462767 $564,249 $567,631 $571,328 $575,532 Depreciation Add-Back $213,024 $234:2 $240,000 $245,000 $250,000 $255,000 .......... ...30:532 ................ Vt 0.0 #WdIaIJI&Capi A ontHbUilb 46.93 . . 1. ........ ................ .4 ............. .... ... . . .. ..... Non Operating Expenditures Capital Outlay $1,166,000 $775,600 $1,223,640 $654,765 $661,649 $354,765 Non Operating Revenues Interest Earnings $79,953 $42,009 $40,180 $21,219 $30,174 $39,666 Total Net Effect on Fund Balance ($492,370) ($36,587) ($379,211) $179,085 $189,853 $515,433 End of Year Cash & Investments $840,186 $803,600 $424,388 $603,473 $793,326 $1,308,760 For Information Proposed Cash Balance Target $950,000 $950,000 $950,000 $950,000 $950,000 $950,000 Residential Accounts ........ :Q." 04 . . . Senior Accounts ................ ....... . ......... 20 ... . . . . Quart�rt y : ........ .............. .............. .................... ...... .......... A Ptk: -.46 0 P-ACiiiiiiiiiiiiiiii:: ..... ......... 1: 0 A.Tv ... 0. 10 ... . ......... .... .... ...... ........ I .. .. ........................ ............ . Sanitary Sewer Rate, 1995 -2005 Compared to Inflation $58.00 $56.00 $54.00 m $52.00 �a $50.00 . . >+ $48.00 � L CY $46.00 ♦ -fit— Sewer Rate $44.00 , , ♦• I - - Inflation o s ' $42.00 $40.00 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 STOR DRAINAGE UTILITY RATE STUDY: 2001 20-Nov-00 budget budget ............. ..... .. ... Start of Year Cash & Investments $240,607 $113,325 $261,145 $108,608 $428,010 $567,334 EXPENDITURES Operations Personal Service $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 Contractual Service 52,878 56,879 58,927 61,048 63,246 65,523 Supplies & Materials 1,000 500 1,100 1,100 1,200 1,200 Utilities/Insurance 2,200 3,200 3,315 3,435 3,558 3,686 Depreciation 108,868 164,902 170,000 180,000 190,000 200,000 TOTAL EXPENDITURES $264,946 $325,481 $333,342 $345,583 $358,004 $370,409 REVENUES Billing Revenues $1,040,000 $1,118,000 $1,196,000 $1,196,000 $1,040,000 $936,000 Change in Fair market value Miscellaneous Operating 0 0 0 0 0 0 Miscellaneous Non-operating 2,500 2,500 2,500 2,500 2,500 2,500 TOTAL REVENUES $1,042,500 $1,120,500 $1,198,500 $1,198,500 $1,042,500 $938,500 Net Income or Loss $777554 $795,019 $865,158 $852,917 $684,496 $568,091 Depreciation Add-Back $108:868 $164,902 $170,000 $180,000 $190,000 $200,000 ........ ... ........... 3 .68091 .. ............. va 'bI :C ' ita e: ap . ......... ... :u 1. ...... ..7 .... 1. ............ Non Operating Expenditures Capital Outlay $785,275 $576,917 $959,653 $478,405 $517,323 $336,078 , Debt Service $240,460 $240,850 $241,100 $240,540 $239,250 $237,210 Non Operating Revenues Interest Earnings $12,030 $5,666 $13,057 $5,430 $21,401 $28,367 Total Net Effect on Fund Balance ($127,282) $147,821 ($152,538) $319,403 $139,324 $223,170 End of Year Cash & Investments $113,325 $261,145 $108,608 $428,010 $567,334 $790,504 For Information Proposed Cash Balance Target $540,000 $540,000 $540,000 $540,000 $540,000 $540,000 Pli AA Residential rate per lot $10.00 $10.75 $11.50 $11.50 $10.00 $9.00 Schools & govt buildings per acre $50-00 $53.75 $57.50 $57.50 $50.00 $45.00 Multiple family & churches per acre $120.00 $129.00 $138.00 $138.00 $120.00 $108.00 Commercial and industrial per acre $200.00 $215.00 $230.00 $230.00 $200.00 $180.00 Storm Drainage Rate, 1995 -2005 Compared to Inflation $14.00 $12.00 I $10.00 A r $8.00 - A - - - -- - : - -- d $6.00 d Rf CY $4.00 - —�t— Storm Rate Inflation $2.00 $0.00 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Member introduced the following resolution and moved its is adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2001 WATER UTILITY RATE SCHEDULE WHEREAS, a municipal Public Utilities Division exists for the purpose of providing and maintaining water and sanitary sewer facilities for the citizens of the City of Brooklyn Center; and WHEREAS, it is a requirement of the City Charter that the Public Utilities Division be a self - sustaining entity through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, City of Brooklyn Center Ordinances state, "The City Council shall adopt by resolution schedules of water and sanitary sewer rates, fees, and charges which schedules shall be known as the Public Utilities Rate Schedule". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following Water Utility Rate Schedule be adopted with the current rate maintained effective for all billings issued after January 1, 2001. WATER UTILITY RATE SCHEDULE • 1. WATER RATES BASE RATE AMOUNT PER YEAR 1.000 GALLONS 2000 $0.94 2001 Proposed $0.98 QUARTERLY MINIMUM RATE 2000 QUARTERLY 2001 PROPOSED METER SIZE MINIMUM CHARGE CHARGE 5/8" x 3/4" $ 7 Same 3/4" $ 11 it 1" $ 14 " 1 1 /2 11 $ 18 " 2" $ 35 " 3 $ 70 " 4" $119 " 6 $273 " 8" $515 " 10" $686 " • RESOLUTION NO. 2. FEES PRESENT PROPOSED Water Meters 5/8" x 3/4" $50.00 Same 3/4" or larger Cost Plus $2.00 Same Fire Protection $50.00 Same Inspection Private Fire Hydrant Labor, Materials Same Maintenance Equipment and Overhead 3. CHARGES PRESENT PROPOSED Delinquent Account Greater of Quarterly $3.00 or 10% Same Certification to Taxes Per Account $30.00 Same Restoration of Service Monday to Friday Except Holidays Between the Hours of 7:30 A.M. and 3:00 P.M. $25.00 $30.00 Restoration of Service Anytime Saturday, Sunday and Holidays and Between the Hours of 3:00 P.M. and 7:30 A.M. on Monday Through Friday Except Holidays $75.00 $80.00 Delinquent Meter Reading $2.00 lst & 2nd qtr. $2.00 1st Per Account $5.00 3rd quarter $4.00 2nd $10.00 4th quarter $8.00 3rd (consecutive) $10.00 4th Curb Stop Stand Pipe Repair $ 40.00 Same RESOLUTION NO. 3. CHARGES (continued) PRESENT PROPOSED Hydrant Meters 5/8" x 3/4" Deposit $100.00 Same Daily Rental $ 1.00 Same Minimum Rental $ 20.00 Same 2 1 /2 11 Deposit $700.00 Same Daily Rental $ 7.00 Same Monthly Rental $100.00 Same Minimum Rental $ 35.00 Same Water Connection Established Established Annually by Annually by Resolution Resolution 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. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2001 SANITARY SEWER UTILITY RATE SCHEDULE WHEREAS, a municipal Public Utilities Division exists for the purpose of providing and maintaining water and sanitary sewer facilities for the citizens of the City of Brooklyn Center; and WHEREAS, it is a requirement of the City Charter that the Public Utilities Division be a self - sustaining entity through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, City of Brooklyn Center Ordinances state, "The City Council :-.a l adopt by resolution schedules of water and sanitary sewer rates, fees, and charges which schedules shall be known as the Public Utilities Rate Schedule ". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following Sanitary Sewer Utility Rate Schedule be adopted with the proposed rate effective for all billings issued after January 1, 2001. SANITARY SEWER UTILITY RATE SCHEDULE 1. RATES OUARTERLY RESIDENTIAL RATES SINGLE SENIOR YEAR FAMILY APARTMENT CITIZEN 2000 $47.50 $33.25 $26.13 2001 Proposed $50.00 $35.00 $27.50 NON - RESIDENTIAL RATES PER 1,000 FIXTURE YEAR GALLONS UNITS 2000 $2.00 $3.00 2001 Proposed Same Same RESOLUTION NO. 2. FEE PRESENT PROPOSED SAC Charge Set by MCES Set by MCES 3. CHARGES PRESENT PROPOSED Delinquent Account Greater of Quarterly $3.00 or 10% Same Certification to Taxes Per Account $30.00 Same Line Cleaning Charge Labor, Materials Labor, Materials Equipment and Equipment and Overhead Overhead Sanitary Sewer Connection Established Established Annually by Annually by Resolution Resolution 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. its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ADOPTING THE 2001 STORM DRAINAGE UTILITY RATE SCHEDULE WHEREAS, it is a requirement of the Brooklyn Center City Charter that Brooklyn Center's municipal utilities be self - sustaining entities through revenue provided by a uniform schedule of rates, fees, and charges; and WHEREAS, the Director of Public Works has reviewed the financial requirements of the Storm Dr- Linage Utility and has developed a recommended rate schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following schedule of Storm Drainage fees will be in effect as of January 1, 2001: • CHARGE PER QUARTER PER ACRE Classification /Land Use 2000 2001 BASE RATE $40.00 $43.00 1. Cemeteries, Golf Courses 10.00 10.75 2. Parks 20.00 21.50 3. Single Family, Duplex, Townhouse 10.00 /lot 10.75 /lot 4. Schools, Government Buildings 50.00 53.75 5. Multiple Family, Churches 120.00 129.00 6. Commercial and Industrial 200.00 215.00 7. Vacant Land As Assigned As Assigned 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. . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2001 RECYCLING RATES WHEREAS, the City of Brooklyn Center is a member of the Hennepin Recycling Group (HRG), which is a joint powers group formed pursuant to Minnesota Statutes, 1987, Section 471.59; and WHEREAS, the purpose of the joint powers agreement was to create an organization by which the member cities may jointly and cooperatively provide for the efficient and economical collection, recycling, and disposal of solid waste within and without their respective corporate boundaries, all in compliance with Minnesota Waste Management Act, Minnesota Statutes, 1987, Chapter 115A; and WHEREAS, the HRG has established a curbside recycling program for its member cities to meet the requirements of Hennepin County Ordinance No. 13, Solid Waste Source Separation for Hennepin County; and WHEREAS, Brooklyn Center Ordinance No. 89 -11 authorizes the City to establish rates for recycling services; and WHEREAS, the HRG has established a rate of $2.15 per month per household for recycling services beginning January 1, 2001; and WHEREAS, the rates for recycling services established by the HRG reflect the amount needed to fund the City's curbside recycling program after the projected reimbursement of recycling program costs from Hennepin County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the above described rates established by the HRG for recycling services are hereby approved. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION ADOPTING THE 2001 WATER AND SANITARY SEWER CONNECTION CHARGES WHEREAS, Sections 4 -201 and 4 -302 of the Brooklyn Center Ordinances requires property owners desiring to connect to the City's water or sanitary sewer system to pay a connection charge. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the water and sanitary sewer connection charges effective January 1, 2001 will be as follows: I Land Use I Area u Water Sewer `Commercial /Industrial >5 Acres $10,000 $5,000 <5 Acres $5,000 $3,000 Retail /Office > 5 Acres $5,000 $3,000 <5 Acres $3,000 $1,500 Multi Family > 5 Acres $5,000 $3,000 < 5 Acres $3,000 $1,500 Single Family Per connection $1,000 $500 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. 9e MEMORANDUM DATE: November 20, 2000 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Expressing Recognition for and Appreciation of the Public Service of Organizations Participating in Brooklyn Center's Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street Programs The Adopt - A- Park/Trail /Street Program plays an important role in helping maintain City parks, trails, public grounds, and streets. Established in 1992 through the supportive efforts of the Park and Recreation Commission and the public works staff, the program is supported by the efforts of 36 groups or individuals. Facilities selected are those which staff believes could benefit most from "adoption." Now in its ninth year, the program continues to grow with a high level of participation indicating a great amount of community support for our extensive park system, and a desire to maintain its quality. Appropriately attired in safety vests, the volunteers from • Brooklyn United Methodist Church completed their fall • cleanup of County Road 10. .Q The volunteer groups represent a cross - section of the community including service organizations, employee groups, schools, scouts, churches and neighborhood groups. The organizations are Some of the Rotary "brigade" and their children recognized by small signs at their adopted facilities. pause for a hreak in Central Park during their fall cleanup efforts. It is always more difficult to find organizations that are interested in adopting streets or trails than it is to adopt parks. When there are requests from the public to get involved in special projects those sites are suggested for consideration. The attached resolution thanks the volunteer groups for their commitment to this program. its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION FOR AND APPRECIATION OF THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS WHEREAS, the City Council of the City of Brooklyn Center determined that it is in the City's interest to operate volunteer programs that involve the community in the maintenance of city parks, trails, and streets; and WHEREAS, the fallowing organizations 'lave .enerously volunteered their time and energy participating in the Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street programs; and WHEREAS, it is appropriate that their service to the community be recognized. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the public service of the following groups is hereby recognized and appreciated: Allina Receivable Services Earle Brown School Community Applebee's Evergreen Park School & PTO Barnacle Bill's Steak & Seafood Friends of Freeway Park Boy Scout Troop #401 Friends of Riverdale Park Boy Scout Troop #454 Garden City Elementary Brookdale Chrysler Plymouth Girl Scout Troop #1469 Brooklyn Center Charter Commission Kids On The Move Daycare Brooklyn Center Lions Club Looney Weavers Brooklyn Center Lioness Club Minneapolis North Hilton Staff Brooklyn Center Park & Recreation Orchard Lane Elementary School Commission Palmer Lake Elementary Brooklyn Center Rotary Club Ray and Dolores Beach Brooklyn United Methodist Church Rise Creative Partnerships Brookpark Dental Center Riverwood Neighborhood Association Bullfrogs and Butterflies Childcare Target, Brooklyn Center "Good Neighbors" Children's Residential Services Tim Olson Cub Scouts Pack 299 Todd Paulson Family Cub Scouts Pack 401 Willow Lane Student Council Cub Scouts Pack 454 • 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. I City Council Agenda Item No. 9f Member introduced the following resolution and moved its adoption: RESOLUTION NO. AUTHORIZING MATCHING FUNDS FOR LOCAL LAW ENFORCEMENT BLOCK GRANT WHEREAS, the City of Brooklyn Center is eligible to receive Local Law Enforcement Block Grant Funds for purchases in the Police Department from the 1999 and 2000 Local Law Enforcement Block Grant Programs; and WHEREAS, the City would receive $31,214 from the 1999 Local Law Enforcement Block Grant Program to be used for the purchase of mobile computing devices, ballistic face shields for kevlar helmets, participation in the Hennepin County Probation/Parole Initiative, and FACES computer software with he e-- ' , iendi -wre of matching funds by the City of $3,468 from the capital and other equipment line items of the Police Department budget; and WHEREAS, the City would receive $27,666 from the 2000 Local Law Enforcement Law Enforcement Block Grant Program upon the expending $3,074 in matching funds from the capital other equipment line item of the 2000 Police Department Budget for equipment and capital expenditures; and WHEREAS, the funds exist in the current budget and the 1999 budget that would constitute the matching funds required for participation in the Local Law Enforcement Block Grant Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the matching fund expenditures of $3,468 for the 1999 Local Law Enforcement Block Grant and $3,074 for the 2000 Local Law Enforcement Block Grant be and hereby are approved. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. BROOKLYN CENTER noKuN CENlF� POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Joel Downer, Chief of Police DATE: November 17, 2000 _ SUBJECT: Local Law Enforcement Mock Grant (LLEBG) The police department is eligible to receive LLEBG funds upon acceptance of the award by City Council Resolution. 1999 LLEBG Grant Funds - $31,214 Match Funds - $3,468 Total Funds - $34,682 The following expenditures are planned: Mobile Computing Devices Quantity: 4 Cost: $30,000 The mobile computing devices currently in patrol vehicles are over five years old and outdated. The current system has outlived its life expectancy and parts are no longer manufactured to repair the devices. Mobile computing devices allow officers to have access to state checks such as information from the Department of Public Safety and warrants. Officers also have access to the LOGIS records management systems such as e -mail, computer aided dispatch, and pertinent information regarding addresses and locations within the city. Mobile computing devices allow for communication between officers and dispatchers and administration to be in a protective environment. The media and private citizens with scanners are unable to monitor communications made by mobile ® computing devices. The officers are capable of submitting reports that they currently complete by hand. Officers would be capable of viewing maps of the city and specific addresses while responding to calls. Mapping also allows officers to identify problem neighborhoods so that patrol can be directed to these areas. i Memorandum Page 2 The department currently uses four mobile computing devices. Two are from the original purchase made by the City of Brooklyn Center and two were donated by the City of St. Louis Park when they upgraded their mobile computing devices. Six patrol vehicles are not equipped with mobile computing devices. Ongoing Costs Each mobile computing device pays a service fee of $50 per month to access the cellular network. Mobile computing devices are covered by a three year parts and labor warranty. Total annual cost per mobile computing device is $600. The police department is currently in the process of evaluating mobile computing devices from several different manufacturers. Ballistic Face Shields For The Kevlar Helmets - Quantity: 48 Cost: $2,057 Face shields are necessary for officer protection in cases of responding to civil disturbances. The helmets were acquired at no cost from the Defense Reutilization Marketing Office (Department of Defense). The Brooklyn Center Police Department has been called to respond to civil disturbances in the case of labor strikes, mass ticket sales, and disturbances involving social issues. The purchase of these items has no recurring costs attached. Hennepin County Probation/Parole Initiative P h' Cost: $2,500 This initiative is a cooperative venture with Hennepin County and involves visits with juveniles that are on probation. The probation officer is funded through overtime and police officers on duty are assigned to work with the probation officer. The purpose of this project is to detect violations of probation and parole conditions. There are no recurring costs attached to this expenditure. FACES Computer Software For Composite Drawings s P g Quantity: 2 Cost: $107 This software allows for detectives and police officers to prepare composite drawings of suspects using a computer program. Pictures may be developed with the assistance of witnesses that would bear a very close resemblance to suspects. This program will assist in identifying suspects that are not known to victims or witnesses. No recurring costs attached to this expenditure. ® Total Of Items Recommended From The 1999 LLEBG: $34,664 Memorandum Page 3 • 2000 LLEBG Grant Funds - $27,666 Match Funds - $3,074 Total Funds - $30,740 Expenditures for this grant have yet to be determined. It is important to accept the funding at this time as the U.S. Department of Justice has changed the requirements for accepting funds. Prompt action in accepting the funds for LLEBG will secure them for the City of Brooklyn Center. A delay may result in a reallocation of funds to other agencies. JD:kh llebg -l.mem City Council Agenda Item No. 9g 470 Pillsbury Center 200 South Sixth Street . Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: / /www.kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere@kennedy-graven.com kennedy- graven.com November 15, 2000 Mr. Mike McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Regulation of Use of City Property Dear Mike: Attached is a proposed ordinance amendment which would make the rules that currently apply to park property effective on all City property except streets, alleys, sidewalks, or parking areas. The ordinance also adds new Section 13 -116.5 which authorizes the manager to promulgate and enforce regulations relating to the use of public property. Assuming the ordinance is amended, you may wish to promulgate regulations on the use of City property. A first draft of such rules is attached as well. Please let me know if you have any questions or comments. Very truly yours, Charles L. LeFevere CLL:lh Enclosures cc: Mr. Joel Downer, Chief of Police (with enclosures) CI.L- 189216v1 BR291 -4 I CITY OF BROOKLYN CENTER RULES OF CONDUCT ON CITY PROPERTY The City Manager is authorized by City Code, Section 13 -116.5 to promulgate and enforce rules and regulations for the use of property owned or controlled by the City. Violation of the following rules may result in criminal prosecution, ejection from the public facility and revocation or suspension of privileges to use the public facility. It is a violation of City rules: 1. to damage or destroy public property; 2. to interfere with the conduct of the public business by city staff or citizens; 3. to interfere with the use and enjoyment of public facilities by other citizens; 4. to interfere with the performance of duties by city employees; 5. to subject city employees or other citizens to unwanted attention or advances, intimidation, harassment, annoyance, alarm, hostility, oppression, persecution, stalking, or injury; ® 6. to engage in any conduct which intrudes on the privacy or interferes with the liberty of another or which can reasonably be expected to disturb, annoy, frighten, or oppress another. Such conduct may include, but is not limited to: stalking, PP Y , g following, staring, or pursuing; obscene, derrogatory or offensive acts, words or gestures; intimidating or hostile comments or actions; disruptive, noisy or boisterous activities; and unwanted advances or attention. Dated: By Order of the City Manager Michael McCauley, City Manager • CLL- 189219v1 BR291 -4 ® CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 200_, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider _. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 612 -569 -3303 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO REGULATION OF USE OF CITY PROPERTY; AMENDING SECTION 13 -101 AND ADDING NEW SECTION 13 -116.5 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code Section 13 -101 is amended as follows: Section 13 -101. DEFINITIONS. For the purpose of this o cha ter the following definitions shall apply: Glass Beverage Container — Any container used or designed to store, transport, mix or consume beverages, which is constructed using glass or any similar material which shatters into shards upon impact. Parks and Open Space — Any area wherever located which is reserved, designated, or used for active or passive recreation, and which is owned, operated, or controlled by the City, or which is located within the City but owned, operated, or controlled by another governmental unit. Parks and Open Space also includes all other lands under the ownership or control of th( City except lands improved and operated as streets, alleys, sidewalks or parkine areas. -- Person — Any person, firm, partnership, association, corporation, company or organization of any kind. Motorized Vehicle — Any vehicle having a self- contained unit for propelling the vehicle by means of converting stored energy. Motorized vehicles include but shall not be limited to automobiles, trucks, motor bikes, mini - bikes, snowmobiles, and battery- powered carts. • CLL-189215v1 1 BR291 -4 ® Section 2. Brooklyn Center City Code is amended by adding new Section 13 -116.5 as follows: Section 13- 116.5. CONTROL OF USE OF CITY PROPERTY. (a) The Citv Council finds that it is necessary that functions and proceedings of the Citv remain free from organized or calculated confusion, disturbance or delav; that free. proper and lawful access to, egress from and proper use of public propertv be protected: that the conduct of public business on public propertv free from interferences or disruption or the threat thereof be protected; that emplovees and citizens be free to work and conduct their lawful activities without unreasonable interference or annovance, delay. harassment, intimidation, disturbance. fear. unwanted advances, disruption, oppression, or persecution; and that public propertv be protected from damage or destruction. To these ends the Manager shall have supervision over the buildings and other pry -W owned by or under the control of the Citv. The Manager iU authorized, " pursuant to Minnesota Statutes Sections 624.72, 412.211, and 412.221, Sd. 3, to promulgate reasonable rules and regulations for the governing of such public propertv. The Manager or the Manager's authorized designee shall enforce such rules and regulations and is authorized to take all reasonable and necessary action to achieve and secure compliance. c) Persons not abiding by such promulgated regulations shall be asked to leave the premises. The Manager or the Manager's designee may revoke or suspend such person's privilege of access to such public propertv. The Manager or Manager's designee may make continued use of the public propertv subiect to reasonable conditions. A person whose privilege has been revoked or suspended or made subiect to conditions by the Manager's designee may appeal such action to the Manager, whose decision shall be final. It is unlawful for a person to remain on the premises of public propertv after demand is given that such person leave by the Manager or the Manager's designee or to return to such premises after having been directed to leave without first having obtained nermission to reenter upon such premises. (e) Violation of rules and regulations which have been published, posted, or announced in a reasonable manner at the time of such violation is a violation of this section and of Minnesota Statutes, Section 624.72. ® CLL- 189215v1 2 BR291 -4 Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of .200—. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underline indicates new matter; strikeout indicates matter to be deleted.) cLL- 189215vl 3 BR291 -4 City Council Agenda Item No. 9h i City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: November 27, 2000 Re: Termination Agreement The glass office tower at 6160 Summit Drive Lot 2, Block 1, Brooklyn Farm Subdivision is covered by : Contract for Private Development, a Minimum Assessment Agreement, and a Deficiency Agreement, all dated i.r. December 1985. The property, along with the building at 6200 Shingle Creek Parkway are located in TIF District #2. The Council has previously authorized supplemental indentures to allow the purchaser of those two buildings to assume the obligations of industrial revenue bonds that assisted in the development 6160 Summit Drive. In order to close on the sale of the properties it is necessary to resolve the obligations under the various agreements. Under the terms of the deficiency agreement, the owner was obligated to make payments if taxes paid are below specified value: $252,825 per year. The taxes paid from 1990 through 2001 are $471,205.89 less than the total minimum taxes for those years. Under federal tax law, any amounts paid under the deficiency agreement or paid under the minimum assessment agreement cannot, the agreement notwithstanding, exceed a certain per cent of present value of the bond issue (these were the tax increment bonds, not the industrial development bonds) or the bonds would become taxable, with serious implications for the City. The calculations of the allowable amounts of private payments is complex. The proposal would have Briggs & Morgan calculate the maximum payment owed to City that would be allowed under the agreements, which reference a requirement that payments cannot render the bonds taxable. A cap is placed on the amount they would have to pay as a compromise between our position of liability for the entire period and claims of laches or statutes of limitations on past years. They are also including future liability in the settlement, which is a compromise under the terms of the agreement which are ambiguous as to whether the potential liability goes through the end of the district or the payment of the bonds. The current owners are indicating that they believe that the valuations for 1991 -1995 (taxes paid 1992-1996) resulted in payments in excess of the taxes that would have been p aid on the fair market value. If this is the case, the taxes paid in excess of taxes that would have been based on the fair market value would constitute private payments that must be included in determining the allowable deficiency payments. 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 The proposed resolution of these issues represents a reasonable approach to determine the payments, if any, that are owed under the deficiency agreement. We have placed an upper limit on the potential liability in return for an agreement not to contest the number of past years that will be included in the calculations and the inclusion of more future years than necessary to retire the bonds, but fewer years than may be used for collecting increment. Several clauses in the deficiency agreement and contract for private development are ambiguous and the proposed agreement resolves those ambiguities. It is in the City's interest to have the properties rehabilitated and to use a process of determining obligations under the deficiency agreement made by a bond lawyer to insure that the tax exempt status of the bonds is maintained. Using a bond attorney to make the determination, with a mechanism to use an independent bond attorney to resolve the issue if the current owner contests the detemrination by Briggs & Morgan eliminates potentially costly legal proceedings to enforce the agreements if we did not reach agreement. It also allows the buildings to be sold and new ownership allowed to go forward in re- positioning these properties in the market. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AGREEMENT FOR RELEASE OF DEFICIENCY, ASSESSMENT, AND CONTRACT FOR PRIVATE DEVELOPMENT AGREEMENTS RELATING TO LOT 2, BLOCK 1, BROOKLYN FARM SUBDIVISION WHEREAS, APEX Asset Management Corporation has entered into a purchase agreement for the properties located at 6200 Shingle Creek Parkway and 6160 Summit Drive in Brooklyn Center; and WHEREAS, the property located at 6160 Summit Drive (Lot 2, Block 1, Brooklyn 'corm Subdivision_) is the subject of a Mini mum Assessment Ag, eei°n. ot. Contract for Privrte Development, and a Deficiency Agreement all dated December 19, 1985; and WHEREAS, the building located at 6160 Summit Drive has a high vacancy level and requires a substantial investment to bring its occupancy levels and value up and APEX Asset Management Corporation proposes to make a substantial investment in upgrading both buildings; and WHEREAS, City of Brooklyn Center Resolution 2000 -188 authorized the execution and delivery of two supplemental indentures of trust relating to two series of refunding revenue bonds subject to a satisfactory settlement of all obligations arising under the Minimum Assessment Agreement, Contract for Private Development, and a Deficiency Agreement all dated December 19, 1985; and WHEREAS, the current owner of 6160 Summit Drive, Brookdale Associates Limited Partnership, has proposed entering into an agreement providing a process to determine their liability under Minimum Assessment Agreement, Contract for Private Development, and a Deficiency Agreement all dated December 19, 1985. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager, on behalf of the City of Brooklyn Center be and hereby are authorized to enter into a Termination Agreement with Brookdale Associates Limited Partnership, such Termination Agreement to provide for the termination of all obligations imposed on Lot 2, Block 1, Brooklyn Farm Subdivision arising out of Minimum Assessment Agreement, Contract for Private Development, and a Deficiency Agreement all dated December 19, 1985, upon such terms and conditions as will provide for a payment to the City of Brooklyn Center and/or the Housing and Redevelopment Authority in and for the City of Brooklyn Center of that sum of money representing the maximum payment for past, present, and future deficiency payments as allowable under the Minimum Assessment Agreement, Contract for Private Development, and a Deficiency Agreement all dated December 19, 1985, that would be allowable under applicable federal tax laws RESOLUTION NO. without impacting the tax exempt status of bonds issued by the City of Brooklyn Center, Housing and Redevelopment Authority in and for the City of Brooklyn Center, and/or the Economic Development Authority in and for the City of Brooklyn Center, but in any event such obligation of the current owner should not be more that $335,000, with such agreement providing for a mechanism using recognized bond counsel to resolve any factual or legal issues in determining the amount that Brookdale Associates Limited Partnership must pay, if any, under the agreements. 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. HRA Consideration Item 4a Commissioner introduced the following resolution and moved its adoption: HRA RESOLUTION NO. RESOLUTION APPROVING AGREEMENT FOR RELEASE OF DEFICIENCY, ASSESSMENT, AND CONTRACT FOR PRIVATE DEVELOPMENT AGREEMENTS RELATING TO LOT 2, BLOCK 1, BROOKLYN FARM SUBDIVISION WHEREAS, APEX Asset Management Corporation has entered into a purchase agreement for the properties located at 6200 Shingle Creek Parkway and 6160 Summit Drive in Brooklyn Center; and WHEREAS, the property located at 6160 Summit Drive (Lot 2, Block 1, Brooklyn Farm lubd �,ision) is the subject of a Minimum Assessment Agreement, Contract fer Private . Development, and a Deficiency Agreement all dated December 19, 1985; and WHEREAS, the building located at 6160 Summit Drive has a high vacancy level and requires a substantial investment to bring its occupancy levels and value up and APEX Asset Management Corporation proposes to make a substantial investment in upgrading both buildings; and WHEREAS, City of Brooklyn Center Resolution 2000 -188 authorized the execution and delivery of two supplemental indentures of trust relating to two series of refunding revenue bonds subject to a satisfactory settlement of all obligations arising under the Minimum Assessment Agreement, Contract for Private Development, and a Deficiency Agreement all dated December 19, 1985; and WHEREAS, the current owner of 6160 Summit Drive, Brookdale Associates Limited Partnership, has proposed entering into an agreement providing a process to determine their liability under Minimum Assessment Agreement, Contract for Private Development, and a Deficiency Agreement all dated December 19, 1985. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority of the City of Brooklyn Center that the Chair and Executive Director, on behalf of the Housing and Redevelopment Authority in and for the City of Brooklyn Center be and hereby are authorized to enter into a Termination Agreement with Brookdale Associates Limited Partnership, such Termination Agreement to provide for the termination of all obligations imposed on Lot 2, Block 1, Brooklyn Farm Subdivision arising out of Minimum Assessment Agreement, Contract for Private Development, and a Deficiency Agreement all dated December 19, 1985, upon such terms and conditions as will provide for a payment to the City of Brooklyn Center and/or the Housing and Redevelopment Authority in and for the City of Brooklyn Center of that sum of money representing the maximum payment for past, present, and future deficiency payments as allowable under the Minimum Assessment Agreement, Contract for Private Development, and a Deficiency Agreement RESOLUTION N SOL O. all dated December 19, 1985, that would be allowable under applicable federal tax laws without impacting the tax exempt status of bonds issued by the City of Brooklyn Center, Housing and Redevelopment Authority in and for the City of Brooklyn Center, and/or the Economic Development Authority in and for the City of Brooklyn Center, but in any event such obligation of the current owner shall not be more that $335,000, with such agreement providing for a mechanism using recognized bond counsel to resolve any factual or legal issues in determining the amount that Brookdale Associates Limited Partnership must pay, if any, under the agreements. Date Chair The motion for the adoption of the foregoing resolution was duly seconded by commissioner 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. BRIGGS &MORGRN Fax:6512236645 Nov 9 '00 1332 P.02 2200 FIRST NATIONAL BANK BUTLDING 332 MINNESOTA STREET T SAINT PAUL, MINNESOTA x5101 BR I (�-(�'.x,S, AND MOR TELEPH FACSIMILE ( S1)223 -6600 FACSIMILE (651) 223 -64.50 PROFESSIONAL ASSOCIATION WRITER'S DIRECT DIAL (651) 223 -6625 WRITER'S FrMAII, November 9, 2000 WRITER'S Mr. Michael McCauley Mr. Brad Hoffman City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 554 Re: City of Brooklyn Center - Payments Under Deficiency Agreement Gentlemen: You have asked me to review the impact of certain payments to be made under a Deficiency Agreement (the "Deficiency Agreement") entered into by the Housing and Redevelopment Authority of the City of Brooklyn Center (the "HRA ") and Brookd.ale Three Limited Partnership (the "Developer ") on the tax exempt status of certain tax exempt bonds issued by the City. The Deficiency Agreement was entered into in connection with the issuance by the City of its $5,250,000 General Obligation Tax Increment Bonds, Series 1985A (the "1985A Bonds "). A portion of the proceeds of the Series 1985,A. Bonds were used to acquire certain land which was conveyed to the Developer. The 1985A Bonds were refunded, in a crossover refunding, by the City's $4,270,000 General Obligation Tax Increment Refunding Bonds, Series 19992A (the "Refunding Bonds "). In connection with the issuance of the Series 1985A Bonds, the HRA entered into an Assessment Agreement with Brookdale Three Limited Partnership. The Assessment Agreement established a minimum market value of $3,197,223 for January 1, 1987, and a minimum market value of $6,394 for the period from January 1, 1988, ". . . until the date on which tax increments will no longer be remitted to the HRA ... ". In evaluating whether the payments to be made under the Deficiency Agreement will impair the tax exempt status of the Series 1985A Bonds and the Refunding Bonds, you have advised me that the market 1135334.6 MINNEAPOLIS OFFICE - IDS CENTER ■ WW BRIGGS.COM MEMBER - LFX MUNDI, A GLOBAL ASSOCIATION OF INDEPENDENT LAW f1RMS BRIGGS &MORGRN Fax :6512236645 Nov 9 '00 1332 P.03 BRIGGS Om MORGAN Mr. Michael McCauley Mr. Brad Hoffman November 9, 2000 Page 2 value of the property subject to the Assessment Agreement was never set at an arbitrarily higher, level than it would otherwise have been set without the Assessment Agreement. Consequently, I have assumed that neither the City nor the HRA has received any "private payments" as a result of the Developer paying more property taxes than it would have in the absence of the .Assessment Agreement. - - . . Section 141(c) of the Internal Revenue Code of 1986, as amended, provides that an issue is a private loan bond if more than 5% of the proceeds of the bonds are used to make or finance loans to persons other than governmental units. Consequently, if the payments received by the HRA or the City pursuant to the Deficiency Agreement exceed, on a present value basis, 5% of the debt service on the Series 1985A Bonds, the tax exempt status of the Series 1985A Bonds would be impaired. Section 6.01(04) of the Deficiency Agreement provides in part that the HRA, will not accept any payment from Brookdale Three that would cause interest on the Series 1985.A, Bonds to become subject to federal income taxation. The attached present value calculations prepared by David Jaye at Springsted Incorporated show that the present value, as of the date of issuance of the Series 1985A Bonds, of a lump sum payment of $471,205.89 made today, is $166,063.52. Since the present value of this payment is less than 5% of the original principal amount of the Series 1985A Bonds (i.e., $262,500), the City could accept this payment without impairing the tax exempt status of the Series 1985A Bonds. David has also calculated that the maximum payment that could be received by the City, in today's dollars, is $744,844, since the present value of this amount is $262,500. 1135334.6 BRIGGS &MORGRN Fax :6512236645 Nov 9 '00 1333 P.04 ERIGGS A" MOXLGAN Mr. Michael McCauley Mr. Brad Hoffinan November 9, 2000 Page 3 As I advised you in our telephone conversation, if the City receives the maximum payment, it will be necessary to terminate the Assessment Agreement and release the Deficiency Agreement. If the City does not receive the maximum Payment, any future payments under the Assessment Agreement and Deficiency Agreement will have to be present valued to the date of issuance of the Series 1985 Bonds to rnakc sure that they, togetl er - -ith any private payments theretofore received by the City or the HRA, do not exceed the 5% limitation. In conclusion, assuming neither the EDA nor the City has received any other "private payments ", the receipt today by the City or the EDA of a payment not to exceed $744,844 would not impair the tax exempt status of the Series 1985A Bonds. If you have any questions, please give me a call. Very truly your , Mary M. D th MMD:mw Enc. 1135334.6 3[ City of Brooklyn Center 763 - 569 -3310 office Assessor's Office 763 -569 -3494 fax 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 BCC III Deficiency Calculation Parcel 35- 119 -21 -43 -0017 Increment History Tax Year Increment Tax Minimum Tax to Deficiency Collected ** Increment District 2001 * $199,098.42 $252;8'25.00 $53,726.58 2000 $182,113.65 $252,825.00 $70,711.35 1999 $200,580.92 $252,825.00 $52,244.08 1998 $187,494.07 65 $252,825.00 $ , 330.93 1997 $210,573.23 $252,825.00 $42,251.77 1996 $216,445.22 $252,825.00 $36,379.78 1995 $248,824.53 $252,825.00 $4,000.47 1994 $213,565.63 $252,825.00 $39,259.37 1993 $240,959.14 $252,825.00 $11,865.86 1992 $232,618.32 $252,825.00 $20,206.68 1991 $271,637.77 $252,825.00 $0.00 1990 $177,595.98 $252,825.00 $75,229.02 * Proposed tax for 2001. Subject to change. ** As calculated for tax statements, taken fron year end micro - fiche. $471,205.89 G:\Depts\ ASSESS \SPREDSHT\STEVEB \TIF\[BCCIII Deficiency.xls] IF 2101 11/01/2000 10:34 AM City Council Agenda Item No. 9i i i • There are no materials for this item.