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HomeMy WebLinkAbout1999 08-23 CCP Regular Session4 *v*REVISED4:44:4 • CITY COUNCIL MEETING City of Brooklyn Center August 23, 1999 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation - 7 p.m. 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report • 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. Study Session - August 9, 1999 2. Regular Session - August 9, 1999 b. Licenses Application for Temporary Beer License for St. Alphonsus Church, 7025 Halifax Avenue North, for Event to be Held September 12, 1999 C. Brooklyn Center Fire Department Relief Association Financial Statements for the Calendar Year Ended December 31, 1998 • d. Report on the Average Available Financing Per Active Firefighter in the Brooklyn Center Fire Department Relief Association •;••;•REVISED• *e - *e • CITY COUNCIL AGENDA -2- AUGUST 23,1999 e. Tax Increment Financing District Reports f. Resolution Authorizing the Purchase of One Front End Loader and Attachments g. Resolution Accepting Bids and Awarding a Contract, Improvement Project No. 1999- 20, Contract 1999 -L, Azelia Avenue Improvements h. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees 7. Public Hearing a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land ( Brookdale) -This item was first read on March 8, 1999; published in the official newspaper on March 17, 1999, and August 11,1999; and is offered this evening for a second reading and public hearing. - Requested Council Action: go -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 8. Planning Commission Items a. Planning Commission Application No. 99007 Submitted by Twin Lakes II, LLC. Request for Preliminary Plat approval to subdivide three existing parcels of land into three new lots and an outlot. The Planning Commission recommended approval of this application at its August 12, 1999, meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 99007 subject to the conditions recommended by the Planning Commission. b. Planning Commission Application No. 99008 Submitted by Brookdale Corner, LLC. Request for Site and Building approval for two of the remaining three buildings in the Brookdale Corner redevelopment site at the southwest corner of Xerxes Avenue and County Road 10. The Planning Commission recommended approval of this application at its August 12, 1999, meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 99008 subject to the conditions recommended by the Planning Commission. • •;.•;•REVISED C• -O • CITY COUNCIL AGENDA -3- AUGUST 23,1999 C. Brookdale Center PUD Amendment - Requested Council Action: - Motion to approve Planning Commission's recommendation. 9. Council Consideration Items a. Resolution Approving Participation in the Preservation of Interest Reduction Payments Under Section 236 of the National Housing Act (Shingle Creek Tower Project) - Requested Council Action: - Motion to adopt resolution. b. Resolution Supporting a Fee Increase for Deputy Registrars - Requested Council Action: - Motion to adopt resolution. C. Tattoo Parlor Ordinance - Requested Council Action: • - Council discussion and direction. d. An Ordinance Amending Chapter 23 of the City Ordinances Relating to Location of Pawnbrokers and Secondhand Goods Dealers - Requested Council Action: - Council discuss. - Motion to approve first reading and set second reading and public hearing for September 13, 1999. e. Proclamation Declaring the Week of September 17 Through 23, 1999, as Constitution Week - Requested Council Action: - Motion to adopt proclamation. f. August 30, 1999, City Council General Work Session - Requested Council Action: - Motion to cancel August 30, 1999, general work session and reschedule for Tuesday, September 7, 1999. C] 40•40•REVISED4; 0- • CITY COUNCIL AGENDA -4- AUGUST 23,1999 Resolution Expressing Recognition and Appreciation for the Dedicated and Innovative Public Service of Janine Atchison -Requested Council Action: - Motion to adopt resolution. 10. Adjournment LJ 0 City Council Agenda Item No. 6a C� • • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY' OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION AUGUST 9, 1999 CITY HALL CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in study session and was called to order by Mayor Myrna Kragness at 6:02 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, and Recording Secretary Maria Rosenbaum. 1. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Nelson noted there were two changes to be made in the City Council minutes from • the July 26, 1999, meeting. The meeting he attended on July 21, 1999, was the North Metro Crossing Coalition regarding the ribbon cutting for Highway 10, and on July 22, 1999, he attended the Metropolitan Council Environmental Services meeting. These changes will be made to the minutes. 2. PAT MILTON REGARDING YOUTH ISSUES Pat Milton was present to discuss ways to increase communication between communities and to gain a joint effort from cities. Ms. Milton asked about a joint powers agreement and if that would be a suitable route. Mr. McCauley discussed the pros and cons of a joint powers agreement. Council further discussed youth issues with Ms. Milton. Mr. McCauley suggested that the Council attend one of the youth committee meetings once school starts. 3. MISCELLANEOUS Mr. McCauley discussed the revised concept of the bridge design for the Highway 100 Corridor from the City of Crystal. 40 08/09/99 -1- DRAFT Council reviewed the latest designs submitted by Talisman for the renovation of Brookdale. Mr. McCauley informed the Council that Mr. Schlesinger will be at the work session on August 16, 1999, before the budget discussions, and that further discussions regarding the proposal by Talisman would be discussed at the August 30, 1999, work session. 4. ADJOURNMENT The study session adjourned at 6:47 p.m. City Clerk Mayor • 08/09/99 -2- DRAFT • • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 9, 1999 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:47 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. S Tom and Lisa Nystrom, 807 73rd Avenue North, addressed the Council regarding the 73rd Avenue joint project with Brooklyn Park. Mr. Nystrom asked for an update on the project. Mayor Kragness informed the Nystroms that the update will be provided during the meeting. Public Works Director Diane Spector said that she would be able to update the Nystroms after the informal open forum. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the informal open forum at 6:51 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Peppe offered the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:01 p.m. • 08/09/99 -1- DRAFT 4. ROLL CALL • Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Hilstrom reported that on August 3, 1999, she participated along with other Councilmembers, staff, and residents in National Night Out, and that it was a tremendous success. She commended everyone for their participation. Councilmember Nelson reported that on August 4, 1999, he attended the Wickes ground breaking ceremony and had a great time. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve the minutes from the joint meeting with the Chamber of Commerce and the regular session on July 26, 1999. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. GARBAGE COLLECTION VEHICLE Waste Management - Blaine 10050 Naples Street NE, Blaine MECHANICAL SYSTEMS Sharp Heating and Air Conditioning 4854 Central Ave. NE, Columbia Hghts RENTAL DWELLING Initial: Paulette Thibault 5332 Russell Avenue North 08/09/99 -2- DRAFT a • Renewal: Douglas Finch Gary Nesseth James Soderberg John Pepera Lida Properties, LLP Ray Delong 6637 Xerxes Place North 5919 Pearson Drive Melrose Gates Apartments 6142 Scott Avenue North Brookhaven Apartments 5211 France Avenue North 6c. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 99-118 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6d. RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR • A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1999 -01 AND 02, CONTRACT 1999 -A, SOUTHEAST NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS RESOLUTION NO. 99 -119 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1999 -01 AND 02, CONTRACT 1999 -A, SOUTHEAST NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6e. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR PUBLIC UTILITY HOOKUP CHARGES AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS RESOLUTION NO. 99-120 • 08/09/99 -3- DRAFT Councilmember Hilstrom introduced the following resolution and moved its adoption: • RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR PUBLIC UTILITY HOOKUP CHARGES AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously, 6L RESOLUTION REJECTING BIDS, IMPROVEMENT PROJECT NO. 1999- 12, CONTRACT 1999 -B, REPLACEMENT OF LIFT STATIONS #8 AND #9 RESOLUTION NO. 99-121 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION REJECTING BIDS, IMPROVEMENT PROJECT NO. 1999 -12, CONTRACT 1999 -B, REPLACEMENT OF LIFT STATIONS #8 AND #9 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7. COUNCIL CONSIDERATION ITEMS 7a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MELVIN LARSON City Manager Michael McCauley discussed this resolution would recognize Melvin Larson for his dedicated work as an employee in the City of Brooklyn Center from December 23, 1974, to August 20, 1999. RESOLUTION NO. 99-122 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MELVIN LARSON The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 08/09/99 -4- DRAFT • 7b. RESOLUTION RECOGNIZING AND COMMENDING THE WINNERS OF • THE 1999 LANDSCAPE AND GARDEN CONTEST Public Works Director Diane Spector showed pictures and announced the winners from the 5th annual landscape and garden contest: OVERALL WINNER & 1st PLACE FLOWER GARDEN John Cariveau 6301 Unity Avenue North 1st Place Landscaping LeRoy Unruh 4506 65th Avenue North 2nd Place Landscaping Robert McGowan 5512 Oliver Avenue North 3rd Place Landscaping Diane Sannes 7006 Willow Lane 2nd Place Flower Garden . The Volunteer Garden Club St. Alphonsus Catholic Church 3rd Place Flower Garden Elmer Peterson 5350 Logan Avenue North SPECIAL RECOGNITION Best Garden Feature Terry Magalis 6724 Willow Lane Backyard Garden Novella Zimbrick 6006 Aldrich The judges for the contest were Master Gardener Doris Wickstrom, Horticulturists Wayne Biers, and Dave Anderson from the engineering division. Ms. Spector commended all for their participation. RESOLUTION NO. 99-123 Councilmember Nelson introduced the following resolution and moved its adoption: • 08/09/99 -5- DRAFT RESOLUTION RECOGNIZING AND COMMENDING THE WINNERS OF THE 1999 LANDSCAPE AND GARDEN CONTEST The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7c. NATIONAL LEAGUE OF CITIES MEMORANDUM REGARDING OPPORTUNITY TO PRESENT PROPOSED AMENDMENTS TO THE NATIONAL MUNICIPAL POLICY Mr. McCauley discussed that the National League of Cities submitted a memorandum regarding opportunity to present proposed amendments to the National Municipal Policy. This item was placed on the agenda to be formally presented to the Council. The due date for proposals and resolutions is August 13, 1999. 7d. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2000 -01, 02, AND 03, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley discussed this resolution would formally establish the Garden City central street, storm drainage, and utility improvements project. Ms. Spector discussed the project area is 3.75 miles of streets in the Garden City central neighborhood being proposed for reconstruction in 2000. The streets included are all streets east of Xerxes to Garden City Park, as well as 63rd Avenue from Brooklyn Boulevard to Xerxes, and the streets between 61st and 63rd, from Brooklyn Boulevard to Xerxes. Ms. Spector discussed the actions that would take place if this resolution is adopted and they are as follows: • Property owners will be sent a letter notifying them of the proposed projects and include an initial survey. • Field work will begin. • Review of sewer televising and soil boring information already gathered. • Conduct an initial public informational meeting in mid to late November to present initial findings to the neighborhood and gauge public interest in the improvement projects. Special attention would be paid this year to highlighting impact on boulevard trees. • If neighborhood reaction is positive staff would proceed to more detailed design and would hold a second public informational meeting in January. • Again, if the neighborhood reaction continues to be positive, the City Engineer would prepare a feasibility study for the Council to review. The Council would then consider setting a date in February for a project hearing. 08/09/99 -6- DRAFT • • . RESOLUTION NO. 99-124 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2000 -01, 02, AND 03, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7e. RESOLUTION ORDERING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING AD FOR BIDS, IMPROVEMENT PROJECT NO. 1999 -20, CONTRACT 1999 -L, AZELIA AVENUE IMPROVEMENTS Mr. McCauley discussed this resolution ordering project, approving plans and specifications, and authorizing ad for bids would allow bids to be received for the redevelopment of the Joslyn site due to Azelia Avenue having to be upgraded between Lakebreeze Avenue and the Joslyn site. Council discussed previous concerns regarding traffic in the area. Ms. Spector informed the Council that the property owners in the area have been contacted and that their primary concern is the traffic that will occur later. • RESOLUTION NO. -125 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ORDERING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING AD FOR BIDS, IMPROVEMENT PROJECT NO. 1999-20, CONTRACT 1999 -L, AZELIA AVENUE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7f. 73RD AVENUE JOINT IMPROVEMENT PROJECT WITH BROOKLYN PARK 1. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2000 -04, 05, AND 06, 73RD AVENUE, HUMBOLDT TO CAMDEN, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS • 08/09/99 -7- DRAFT 2. RESOLUTION AUTHORIZING THE EXECUTION OF JOINT POWERS AGREEMENT WITH BROOKLYN PARK REGARDING 73RD AVENUE IMPROVEMENTS Mr. McCauley discussed the two resolutions before the Council would be to establish improvements for 73rd Avenue and authorize the City to enter into a joint powers agreement with Brooklyn Park. The draft joint powers agreement included in the materials had one correction. Section B, item 5, should read Brooklyn Center shall submit cost documentation as needed and requested. Each City will use their own methodology and come together and split the costs. Councilmember Hilstrom asked what side of the street the sidewalk would be placed. Mr. McCauley responded that there will be meetings with the neighbors to discuss whether or not there will be sidewalks on both sides of the street or sidewalk on neither. Councilmember Nelson asked about the utilities. Mr. McCauley responded that the utilities are shared and would be split between both cities. RESOLUTION NO. 99-126 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2000-04,05, AND 06, 73RD • AVENUE, HUMBOLDT TO CAMDEN, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 99-127 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF JOINT POWERS AGREEMENT WITH BROOKLYN PARK REGARDING 73RD AVENUE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 08/09/ - - • 99 8 DRAFT . 7g. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO CURRENCY EXCHANGES, ADDING NEW SECTIONS 23- 2201 THROUGH 23 -2205 Mr. McCauley discussed this ordinance amendment sets forth procedure and incorporates restriction specifics such as: a. The business may not be advertised with backlighted signs or awnings, roof signs, portable signs, temporary signs, or freestanding signs. Window signs shall not exceed thirty (30) percent of the window area and shall not block views into the building at eye level. b. The window and door area of any existing first floor fagade that faces a public street or sidewalk shall not be reduced, nor shall changes be made to such windows or doors that block views into the building at eye level. C. For new construction, at least thirty (30) percent of the first floor fagade that faces a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allow views into the building at eye level. d. The use of bars, chains or similar security devices that are visible from a public street • or sidewalk shall be prohibited. e. The premises, all adjacent streets, sidewalks, and alleys, and all sidewalks and alleys within one hundred (100) feet shall be inspected regularly for purposes of removing any litter found thereon. f. The business premises shall not be so equipped as to enable employees to activate remote locking mechanisms to lock in patrons, customers, or others. g. The licensee shall not engage in street solicitation for the business or distribute handbills within three hundred (300) feet of the licensed premises. h. The licensee shall not give away cigarettes or liquor to customers either free or in connection with a check cashing transaction. Councilmember Hilstrom asked if a section on distance could be added to the draft before the Council this evening. Mr. McCauley responded that a section on distance could be added and the ordinance amendment could be re- drafted and brought back to the Council for approval at the next meeting. Councilmember Hilstrom was concerned about the timing and asked if this item could be tabled until the end of the meeting, have language pulled from the secondhand goods dealer ordinance relating to distance, and incorporate the language for approval this evening. • 08/09/99 -9- DRAFT A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to table this item until • the end of the meeting. Motion passed unanimously. Councilmember Nelson shared a thank you letter received from Mr. Geller. 7h. PROPOSALS FOR CIVIL LEGAL SERVICES Mr. McCauley discussed that pursuant to the City Council's policy, civil legal services are to be reviewed in 1999. Included with the materials was a draft request for proposal for Council consideration. The draft differs from the last request in that bond counsel service is not included. The City has been operating with separate bond counsel and have found this practice to be functional. Mr. McCauley requested to defer bond counsel solicitation until after completion of the civil legal service solicitation. The draft proposal would have Mr. McCauley review the proposals and make a recommendation of no more than three firms as finalists for City Council consideration. Award and selection of the firm would be made directly by the City Council. Councilmember Hilstrom asked about the award going to lowest bidder. Mr. McCauley responded that the proposals are for services and low bid does not apply. Proposals are reviewed to select the to best qualified provider. It was the consensus of the Council to move forward with the draft proposal included with materials • and have Mr. McCauley review the proposals and make a recommendation of no more than three firms to the City Council for consideration. 7i. REPORT ON CODE ENFORCEMENT Mr. McCauley reported that in the last ten months the entire City had been checked for code violations and the following is a breakdown of the 657 total orders issued: • Painting/Repairs 118 • Referred Cases 39 • Miscellaneous 60 • Formal Complaints 11 • Citations Issued 15 • Sweep Generated 168 • Citizen Complaints 160 • Pending Cases 86 More efforts are being focused on exterior maintenance of homes this summer. Approximately 118 orders were written for scraping/painting and repairs. Most of these orders have been focused on the Southwest corner of the City. - • 08/09/99 -10 DRAFT • To date, approximately 38 residents have complied with these orders. Numerous residents have called to advise that they intend to do the work but are waiting to hear from their insurance company because their home was damaged from the storms last summer. Councilmember Nelson asked for clarification on what residents are to do when people are not complying with City ordinances. Mr. McCauley responded that residents should call the code enforcement hotline and leave a message. Citizens are sometimes frustrated because they call to report a violation but do not leave their name and telephone number. If persons wish to know the results of the investigation of their complaint, they should leave their name and telephone number so that someone can get back to them with the results of the investigation. Occasionally, people call back several times to report the same violation without knowing that the problem may have been inspected and an order issued but that the order provides a certain number of days within which to comply. Also there are situations where people do not comply with orders and we must send it in the criminal prosecution system which takes months. By leaving their name and telephone number, they can be advised that in fact action is taking place, even though they do not see a change in the residence. Mayor Kragness said that she believes people will not leave their name because they are afraid their neighbors will find out who called in the complaint. Mr. McCauley discussed that under the Data Practices Act there are laws about non - public information. Councilmember Hilstrom asked what will happen now that the entire City has been swept within a • year. Mr. McCauley responded that staff will continue to follow up on citations issued at this point, regroup and revisit areas, and report back to the Council with a formal report or when the sweep will resume and what area. 7g. CONTINUED AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO CURRENCY EXCHANGES, ADDING NEW SECTIONS 23- 2201 THROUGH 23 -2205 This item was tabled earlier for the following language to be reviewed and presented for an addition to the ordinance amendment for approval: The licensed premises shall not be located within 300 feet of a pawnshop, secondhand goods dealer, tattoo parlor, massage parlor, church, school, day -care center, or business whose primary business is the piercing of body parts. -Council discussed this language being added to the secondhand goods dealer ordinance also since there are some locations not included in that ordinance. Mr. McCauley discussed this language could be added to the ordinance amendment before the Council this evening and staff could bring back an amendment to the secondhand goods dealer ordinance. • 08/09/99 -11- DRAFT A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to have the following added to the draft ordinance amendment before the Council this evening and also direct staff to draft language to amend the secondhand goods dealer ordinance: The licensed premises shall not be located within 300 feet of a pawnshop, secondhand goods dealer, tattoo parlor, massage parlor, church, school, day -care center, or business whose primary business is the piercing of body parts. Motion passed unanimously. Councilmember Nelson asked if the ordinance before the Council this evening for approval would still have a second reading and public hearing on September 13, 1999. Mr. McCauley responded that if the Council were to approve the first reading this evening with the amendment, staff could make the change to the ordinance and continue with the second reading and public hearing date. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve first reading as amended and set September 13, 1999, for public hearing and second reading. Motion passed unanimously. S. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adj ourn the meeting • at 7:53 p.m. Motion passed unanimously. City Clerk Mayor 08/09/99 -12- DRAFT • • City Council Agenda Item No. 6b C� 0 City of Brooklyn Center A great place to start. A great place to stay. 0 MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy �ty Clerk � �'. DATE: August 18, 1999 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 August 23, 1999: GARBAGE COLLECTION VEHICLE Darling International, Inc. • MECHANICAL SYSTEMS Kraemer Heating, Inc. South -Town Refrigeration United Heating A/C, Inc. • P.O. BOX 12785 7441 Dallas Court, Maple Grove 5610 West 36th Street, St. Louis Park 1295 Hackamore Road, Medina 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 40 BROOKLYN CENTER POLICE DEPARTMENT MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police DATE: August 19, 1999 SUBJECT: Application for Temporary Beer License St. Alphonsus Church • On August 19, 1999, the Brooklyn Center Police Department received an Application for a Temporary Beer License from St. Alphonsus. This application is for an event to be held at the church located at 7025 Halifax Ave on Sunday, September 12, 1999. Certificate of appropriate insurance coverage along with the $10 fee has been submitted. The attached application only needs your signature. Please return the signed application to Kim Heiser. JD:kh alphslWmem • City of Temporary Beer Brooklyn Center License Application i� Organization Name: INFORMATION ON CONTACT PERSON FOR ORGANIZATION Name: Address: Home Phone: Work Phone: INFORMATION REGARDING THE EVENT Name of Event: 9 0cation of Event: Date(s) of Event: Time(s) of Event: Security For Event: L- Signature of Applicant: Address (City, S Ite, Zip) Date: * Return completed application with fee ($10 1day) to the Brooklyn * Center Police Dept. * Brooklyn Center requires proof of $300,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. This should be in the form of a certificate of insurance or an insurance binder. However, if your event is being held on City property, such as a City park, you are required to have proof of $500,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. • Application Approved: City Clerk Date: � — 'PQ qq tempbea.xis Jul -98 8 -M WED Ub :U1 FM ARCHDIOCESE Mua. its. 2.�lJ 4:29PM CATHOLIC MUTUAL GFp NO.614 P.2 6512901620 THE CATHOLIC MUTUAL RELIEF SOCIETY 4223 CENTER ST, OMAHA, NE 68105 U • irrrwrrrr-r-rwrr..r---- ----- rrrrr- rr-r- -- .r- --- -rr �-MM ftr------- This ---- - ------------ is to certify that the following coverage is in force issued in the name of s CERTIFICATE OF COVERAGE ARCHDIOCESE OF ST PAUL- 14INNEAPOLIS CHANCERY OFFICE 226 SUMMIT AVENUE ST PAUL, MN 55102 Certificate number: 6569 Term: 7/01/99 - 7/01/00 Covered Premises; Location /property ST ALPHONSUS 7025 HA.LIFAlt AVE N, BROOKLYN CENTER, MN 55429 -1394 Real Property Personal Property Deductible Coinsurance Additional Protected CITY OS BROOKLYN CENTER Fexson(s) . Liability $1,500,000 Medical Payments Limits Each Person-excluding school students) COMENTS: COVERAGE ONLY EXTENDS TO GOLF OUTING DINNER ON CaURCFI PREMISES ON SEPTEMBER 12, 1999 INCLUDES LIQUOR LIABILITY In the event of cancellation of this coverage the Society will mail notice thereof to: CHANCERY OFFICE ST PAUL, MN Should any of the above described coverages be cancelled before the expiration dates thereof, the carrier will endeavor to mail 30 days written notice.to the certificate holder, but failure to mail such notice will impose no obligation nor liability upon the Society, Unless so designated, this Certificate of coverage does not amend, extend, or alter the coverage evidenced by this certificate of coverage and has been issued as a matter of information Only. Dated at OMAHA, NEBRASKA This 18TH bay of AUGUST 1999 ay— ( • t Form Neer H80079 Au o i ed Pre tative • HUU - 16 -yy wire ub : U2 FM RJUV 1 UCESE FAX N0, 6512901620 P.03/07 HU(i.1U.1999 4:28i:'M CATHOLIC MUTUAL GPP M0.614 P,g ENDORSEMENT (M GEAT1ACHED To cERnFrATq • Effective Data of Endorsement S nber 12, logo _ Charso Cancellation Date of Endorsement Cradti Certtheate Wotder September 1 1899 ----- ArchdbMe of st Paul.Minn s Location St Paul. MN • Cerlifcme No. uamobC WWI Relief Soclety is amended as SECTION It - ADDITIONAL PROTECTED PERSONS) n Is understood and agreed th8t Seatlon q - Liability (Ongr with nested to Coverage D - General Llabik, Coverage F - Medical Payments to Others and on tt3ated Perean(�s)m bens o f the or Efror& and Omissions) tc emended Im include es an Addtdonw Pro !n the schedule, bul w(th reo genizettor►s shown iy Ped to t wJr Ifabpltyr fbr the Protected Persons) Gedvittes or scliviGes theY P&trm on beheif of the Protected Person(s). It is further understood and agr"d that oover8ga "nded under this endorsement is ftftd to and appifes only with respect to 118 bi ft assumed by contract gr agroement and this eztencion of coverage 311811 not en*" the scope of coverage provided under this oeOcete or Increase t limit of tabliity thrsunder. Unisex O tetfte agrw by CDnVW or agreement, Coverage attended Under th!s endorsement to the AddMonaf Protected Persons) *11 not precede the effectbe date of this cer"cate of coverage endorc9merd of extend be the gravitation date. Schedute - ADDITIONAL PROTECTED PERSON(S) City of Brooklyn Center Remarks: Coverage only O tftds M Golf Outing Dinner on Church Promises on September 12,18813. Includes Liquor (leblik �W M.12 xi-am 1 � u • City Council Agenda Item No. 6c • 40 MEMORANDUM • TO: Michael J. McCauley Man Y� Y g FROM: Charlie Hansen, Finance Director DATE: August 18, 1999 SUBJECT: Brooklyn Center Fire Department Relief Association Financial Statements for the Calendar Year Ended December 31, 1998 Attached are the Annual Financial Statements of the Fire Department Relief Association for the Year 1998. This report has been audited by Larson Allen Weishair & Co., certified public accountants. Contained in the report are statements on the balances and activities of the Special Fund (pension), and the General Fund of the Association. On December 15, 1997, the City Council approved changes to the Association's i bylaws which provided an increase in the lump sum benefit to $5,000 per year of service. In spite of the benefit increase, the plan has maintained its status of being fully funded. In other words, the net assets available for benefits are greater than the pension benefit obligation. Schedule I on page 21 of the report show this relationship and its progression over the last ten years. The Association is continuing to study the conversion from a defined benefit (i.e., a $5,000 lump sum) plan to a defined contribution plan. State Statutes contain formulas for defined benefit and defined contribution plans which essentially determine how the Association's assets are distributed amongst the members. There are substantial differences in these formulas. In spite of the surplus shown by the Association as a defined benefit plan, there aren't presently enough assets so that all members would be at least as well off under a defined contribution plan. . 40 • City Council Agenda Item No. 6d • 41 MEMORANDUM TO: I Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: August 18, 1999 SUBJECT: Report on the Average Available Financing Per Active Firefighter in the Brooklyn Center Fire Department Relief Association Attached is a memo from Craig Swanberg, President of the Brooklyn Center Fire Department Relief Association, reporting the average available financing per active firefighter. The purpose of the memo is to meet a State of Minnesota requirement that the City Council be kept fully informed of the financial condition of the Association. The attached memo compares the Association's benefits to a table supplied by the State to determine the financing needs per firefighter to support the benefits. The • Association's revenues are then divided by the number of members to determine the financing available per member. If the financing available is greater than the financing needed, the Association is financially sound. A three -year average is used to prevent one year's fluctuation from influencing a decision. In brief, the report shows that the available financing of the Fire Relief Association is sufficient to meet the benefit plan currently in effect. 0 BROOKLYN CENTER FIRE DEPARTMENT Emergency Fire 911 DATE: August 9, 1998 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Telephone - 569 -3360 FAX - 561 -0717 TO: Michael J. McCauley, City Manager FROM: Craig Swnberg, BCFD Relief Association President SUBJECT: Average Available Financing Per Active Firefighter Minnesota State Statutes, Section 424.02, subd. 3 require the Fire Relief Association to annually calculate and certify to the City Council the average amount of available financing per active covered firefighter for the most recent three -year period. We understand the purpose of this requirement is to better inform the City Council of the Relief Association's financial condition for when the City Council is asked to approve any change in the bylaws . to increase pension benefits. We have determined the average available financing per active firefighter per of the Fire Department Relief Association is as follows: Pension City 1/10th Year Aid Taxes Surplus Total 1996 $88,272 $39,292 $31,262 $158,826 1997 84,619 38,451 36,258 159,328 1998 $87,036 $20,179 $43,854 151 Total $469,223 The average available financing for the three year period is $156,408 ($469,223 divided by 3). The average financing per firefighter is $3,910 ($156,408 divided by 40 members). Authorized membership in the fire department is forty. The most recent increase in the monthly benefit took effect on January 1, 1994 and requires average financing of $2,267 for a monthly annuity of $26.50 per year of service. The most recent increase in the lump sum benefit took effect on January 1, 1998 and requires average financing of $2,697 for a lump sum benefit of $5,000 per year of service. Therefore, we are well above the state requirements. Please forward this report to the City Council. r1 U • City Council Agenda Item No. 6e • 40 • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: August 18, 1999 SUBJECT: Tax Increment Financing District Reports Minnesota Statutes require cities to prepare a set of reports annually for each tax increment financing (TIF) district they operate. Copies of these reports must be submitted to the State Auditor, Hennepin County, the school board of each school district within whose boundaries a TIF district operates, and the governing body of the municipality. Copies of the City of Brooklyn Center's reports are attached. Annual publication of a statement disclosing certain information condensed from the above reports is also mandatory. is • tifpub 8/18/99 City of Brooklyn Center Annual Disclosure of Tax Increment Districts for the Year Ended December 31, 1998 U District Name: District #2100 District #2101 District #2102 Brookwood Earle Brown TIF #3 Hsg Dev Farm Original net tax capacity $502 $682,376 $5,767,320 Captured net tax capacity $176,273 $792,670 $696,111 Outstanding bonds None $7,025,000 $4,560,000 District and subdistrict increment paid None None None to other governmental bodies Increment paid, directly or indirectly, $233,249 None None for activities or improvements outside the district. Increment received $233,249 $912,566 $816,474 Increment expended None $1,259,979 $1,096,551 Increment paid for administrative None $3,934 $20,419 expenses Increased property taxes imposed on None $91,331 $383,185 other properties as a result of fiscal disparities contribution The fiscal disparity property tax provision provides that the growth in commercial - industrial property tax values is shared throughout the area. In a tax increment financing district, this value sharing can either result in a tax increase for other properties in the municipality or result in a decrease in tax increment financing district revenue depending on how the tax increment district is established. Tax increment financing districts #2101, and #2102 located in the City of Brooklyn Center do not share their growth in commercial - industrial property tax values. This results in an increase in property taxes for other properties located in the City of Brooklyn Center. For taxes payable in 1998, this increase in taxes on other properties amounted to $474,516. • TIF TAX INCREASE CALCULATION UNDER FISCAL DISPARITY CONTRIB OPTION A Tax Increment District 2101, Earle Brown Farm School District 286, Earle Brown Taxes Payable in 1998 1 Curr Comm -Ind Net Tax Capacity in TIF Distr 1,234,346 County 2 TIF Retained Captured Value Proportion 53.7387% County 3 Comm -Ind Captured Net Tax Capacity (1x2) 663,321 Calculation 4 Fiscal Disparity Average Contrib Proportion 30.3981% County 5 Fiscal Disparity Contribution (3x4) 201,637 Calculation 6 City Spread Levy 5,384,338 Rev Dept 7 Total Municpality Taxable Net Tax Capacity 15,582,384 Rev Dept 8 Average Tax Rate (6/7) 34.5540% Rev Dept 9 "B" Option Taxable Net Tax Capacity (5 +7) 15,784,021 Calculation 10 "B" Option Avaerage Tax Rate (6/9) 34.1126% Calculation 11 Tax Rate Difference (8 -10) 0.4414% Calculation 12 Tax Increase under Option A (7x11) 68,783 Calculation 13 School Non - Equalized Spread Levy 597,577 Rev Dept • 14 School Disctrict Net Tax Capacity in City 5,532,671 Rev Dept 15 Total School District Taxable Net Tax Capacity 5,532,671 Rev Dept 16 Average Tax Rate (13/15) 10.8009% Rev Dept 17 "B" Option Taxable NTC (5 +15) 5,734,308 Calculation 18 "B" Option Average Tax Rate (13/17) 10.4211 % Calculation 19 Tax Rate Difference (16 -18) 0.3798% Calculation 20 Tax Increase under Option A (14x19) 21,014 Calculation 21 County Spread Levy 350,389,582 Rev Dept 22 County Taxable Net Tax Capacity in City 15,582,384 Rev Dept 23 Total County Taxable Net Tax Capacity 936,485,749 Rev Dept 24 Average Tax Rate (21/23) 37.4154% Rev Dept 25 "B" Option Taxable Net Tax Capacity (5 +23) 936,687,386 Calculation 26 "B" Option Average Tax Rate (21/25) 37.4073% Calculation 27 Tax Rate Difference (24 -26) 0.0081% Calculation 28 Tax Increase under Option A (22x27) 1,260 Calculation 29 Special Disctricts Spread Levy 1,268,873 Rev Dept 30 County Value /Levy Factor (23/21) 267.2699% Rev Dept 31 County Tax Increase Ratio (27x30) 0.0216% Calculation 32 Tax Increase under Option A (29x31) 274 Calculation • 33 Total Tax Increase under Option A (12 +20 +28 +32) 91,331 Calculation debt\TIF \taxincr8.x1s 2101 dist286 8/3/99 11:58 AM • TIF TAX INCREASE CALCULATION UNDER FISCAL DISPARITY CONTRIB OPTION A Tax Increment District 2102, TIF District #3 School District 279, Osseo Schools Taxes Payable in 1998 1 Curr Comm -Ind Net Tax Capacity in TIF Distr 608,792 County 2 TIF Retained Captured Value Proportion 1.3021% County 3 Comm -Ind Captured Net Tax Capacity (1x2) 7,927 Calculation 4 Fiscal Disparity Average Contrib Proportion 30.3981% County 5 Fiscal Disparity Contribution (3x4) 2,410 Calculation 6 City Sptead Levy 5,384,338 Rev Dept 7 Total Municpality Taxable Net Tax Capacity 15,582,384 Rev Dept 8 Average Tax Rate (6/7) 34.5540% Rev Dept 9 "B" Option Taxable Net Tax Capacity (5 +7) 15,584,794 Calculation 10 "B" Option Avaerage Tax Rate (6/9) 34.5487% Calculation 11 Tax Rate Difference (8 -10) 0.0053% Calculation 12 Tax Increase under Option A (7x11) 831 Calculation 13 School Non- Equalized Spread Levy 13,892,527 Rev Dept • 14 School Disctrict Net Tax Capacity in City 3,864,316 Rev Dept 15 Total School District Taxable Net Tax Capacity 68,507,507 Rev Dept 16 Average Tax Rate (13/15) 20.2788% Rev Dept 17 "B" Option Taxable NTC (5 +15) 68,509,917 Calculation 18 "B" Option Average Tax Rate (13/17) 20.2781% Calculation 19 Tax Rate Difference (16 -18) 0.0007% Calculation 20 Tax Increase under Option A (14x19) 26 Calculation 21 County Spread Levy 350,389,582 Rev Dept 22 County Taxable Net Tax Capacity in City 15,582,384 Rev Dept 23 Total County Taxable Net Tax Capacity 936,485,749 Rev Dept 24 Average Tax Rate (21/23) 37.4154% Rev Dept 25 "B" Option Taxable Net Tax Capacity (5 +23) 936,488,159 Calculation 26 "B" Option Average Tax Rate (21/25) 37.4153% Calculation 27 Tax Rate Difference (24 -26) 0.0001% Calculation 28 Tax Increase under Option A (22x27) 20 Calculation 29 Special Disctricts Spread Levy 1,268,873 Rev Dept 30 County Value /Levy Factor (23121) 267.2699% Rev Dept 31 County Tax Increase Ratio (27x30) 0.0003% Calculation 32 Tax Increase under Option A (29x31) 4 Calculation • 33 Total Tax Increase under Option A (12 +20 +28 +32) 882 Calculation debt \TIF\taxincr8.x1s 2102dist279 8/3/99 3:11 PM • TIF TAX INCREASE CALCULATION UNDER FISCAL DISPARITY CONTRIB OPTION A .Tax Increment District 2148, TIF District #3 School District 281, Robbinsdale Schools Taxes Payable in 1998 1 Curr Comm -Ind Net Tax Capacity in TIF Distr 2,935,061 County 2 TIF Retained Captured Value Proportion 96.4800% County 3 Comm -Ind Captured Net Tax Capacity (1x2) 2,831,747 Calculation 4 Fiscal Disparity Average Contrib Proportion 30.3981% County 5 Fiscal Disparity Contribution (3x4) 860,797 Calculation 6 City Spread Levy 5,384,338 Rev Dept 7 Total Municpality Taxable Net Tax Capacity 15,582,384 Rev Dept 8 Average Tax Rate (6/7) 34.5540% Rev Dept 9 "B" Option Taxable Net Tax Capacity (5 +7) 16,443,181 Calculation 10 "B" Option Avaerage Tax Rate (619) 32.7451% Calculation 11 Tax Rate Difference (8 -10) 1.8089% Calculation 12 Tax Increase under Option A (7x11) 281,868 Calculation 13 School Non- Equalized Spread Levy 9,515,774 Rev Dept • 14 School Disctrict Net Tax Capacity in City 4,629,260 Rev Dept 15 Total School District Taxable Net Tax Capacity 63,823,737 Rev Dept 16 Average Tax Rate (13/15) 14.9095% Rev Dept 17 "B" Option Taxable NTC (5 +15) 64,684,534 Calculation 18 "B" Option Average Tax Rate (13/17) 14.7110% Calculation 19 Tax Rate Difference (16 -18) 0.1985% Calculation 20 Tax Increase under Option A (14x19) 9,187 Calculation 21 County Spread Levy 350,389,582 Rev Dept 22 County Taxable Net Tax Capacity in City 15,582,384 Rev Dept 23 Total County Taxable Net Tax Capacity 936,485,749 Rev Dept 24 Average Tax Rate (21/23) 37.4154% Rev Dept 25 "B" Option Taxable Net Tax Capacity (5 +23) 937,346,546 Calculation 26 "B" Option Average Tax Rate (21/25) 37.3810% Calculation 27 Tax Rate Difference (24 -26) 0.0344% Calculation 28 Tax Increase under Option A (22x27) 5,359 Calculation 29 Special Disctricts Spread Levy 1,268,873 Rev Dept 30 County Value /Levy Factor (23/21) 267.2699% Rev Dept 31 County Tax Increase Ratio (27x30) 0.0919% Calculation 32 Tax Increase under Option A (29x31) 1,166 Calculation • 33 Total Tax Increase under Option A (12 +20 +28 +32) 297,580 Calculation debt \TIF\taxincr8.x1s 2148dist281 8/3/99 3:13 PM 0 1 Tax TAX INCREASE CALCULATION UNDER FISCAL DISPARITY CONTRIB OPTION A Tax Increment District 2149, TIF District #3 School District 286, Earle Brown Taxes Payable in 1998 1 Curr Comm -Ind Net Tax Capacity in TIF Distr 2,318,829 County 2 TIF Retained Captured Value Proportion 26.5013% County 3 Comm -Ind Captured Net Tax Capacity (1x2) 614,520 Calculation 4 Fiscal Disparity Average Contrib Proportion 30.3981% County 5 Fiscal Disparity Contribution (3x4) 186,802 Calculation 6 City Spread Levy 5,384,338 Rev Dept 7 Total Municpality Taxable Net Tax Capacity 15,582,384 Rev Dept 8 Average Tax Rate (6/7) 34.5540% Rev Dept 9 'B" Option Taxable Net Tax Capacity (5 +7) 15,769,186 Calculation 10 "B" Option Avaerage Tax Rate (6/9) 34.1447% Calculation 11 Tax Rate Difference (8 -10) 0.4093% Calculation 12 Tax Increase under Option A (7x11) 63,782 Calculation 13 School Non - Equalized Spread Levy 597,577 Rev Dept ' • 14 School Disctrict Net Tax Capacity in City 5,532,671 Rev Dept 15 Total School District Taxable Net Tax Capacity 5,532,671 Rev Dept 16 Average Tax Rate (13/15) 10.8009% Rev Dept 17 "B" Option Taxable NTC (5 +15) 5,719,473 Calculation 18 "B" Option Average Tax Rate (13/17) 10.4481% Calculation 19 Tax Rate Difference (16 -18) 0.3528% Calculation 20 Tax Increase under Option A (14x19) 19,519 Calculation 21 County Spread Levy 350,389,582 Rev Dept 22 County Taxable Net Tax Capacity in City 15,582,384 Rev Dept 23 Total County Taxable Net Tax Capacity 936,485,749 Rev Dept 24 Average Tax Rate (21/23) 37.4154% Rev Dept 25 "B" Option Taxable Net Tax Capacity (5 +23) 936,672,551 Calculation 26 "B" Option Average Tax Rate (21/25) 37.4079% Calculation 27 Tax Rate Difference (24 -26) 0.0075% Calculation 28 Tax Increase under Option A (22x27) 1,168 Calculation 29 Special Disctricts Spread Levy 1,268,873 Rev Dept 30 County Value /Levy Factor (23/21) 267.2699% Rev Dept 31 County Tax Increase Ratio (27x30) 0.0200% Calculation 32 Tax Increase under Option A (29x31) 254 Calculation • 33 Total Tax Increase under Option A (12 +20 +28 +32) 84,723 Calculation debATIF\taxincr8.x1s 2149dist286 813199 2:48 PM 08/03/99 TIME: 07:49 AM T0: Charlie Hansen @ + (612) 569 -3494 * ENNEPIN COUNTY TAXPAYER SERVICES ROPERTY TAX - TAX ACCOUNTING - SETTLEMENTS % 279 0 11 1$1 136 Hennepin County P22 PAGE: 001 -001 Payable 1998 Brooklyn Center TIF Option A Clarification Information District Line 1 Line 2 Line 4 2100 - 99.7160% 30.3981% 2101 1,234,346 53.7387% 30.3981% 2102 608,792 1.3021% 30.3981 % 2102 (2147) 25,941 0.0000% 30.3981 2102 (2148) 2,935,061 0.9648% 30.3981% 2102 (2149) 2,318,829 26.5013% 30.3981% 0 0 Brooklyn Center 1998 TIF Option A.As 7:42 AM 8/3/99 Tax Increment Financing Municipality Report For The Year Ended December 31, 1998 Increment Financing District Name TIF Authority City/Town Where TIF District is Located Municipality's Authorized Representative Employer of Authorized Representative (if different from municipality th Address City Municipality Report Label 2100 BROOKWOOD HSG DEV TIF District Name BROOKLYN CENTER TIF Authority BROOKLYN CENTER City/Town Where TIF District is Located CHARLES HANSEN, FIN DIR Municipality's Authorized Representative (612) 569 -3345 Telephone CITY OF BROOKLYN CENTER TIF form mailing 6301 SHINGLE CREEK PKWY address: BROOKLYN CENTER, MN 55430 ........... ..............................: •x 1. TIF District type (check one): M Pre -1979 nj Housing M Redevelopment Mined Underground Space Economic Development Soils Condition Is this a "Qualified Housing District" as defined in Minn. Stat. § 273. 1399? .......... ............................... 3. Original TIF plan approval date ............................................................................... ............................... 4. Certification request dates* A. Original ......................:......................................................................... ............................... B. Geographic enlargement(s) C. Hazardous substance subdistrict ............. ....::......................... County's District # BROOKLYN CENTER Municipality That Approved TIF District HENNEPIN County Where TIF District is Located El Yes ® No MM / DD / YY 4 /II / 83 NA. / l ............ ............................... NA / / Note: * The certification request date is the date the TIF authority requested the county auditor to certify the original net tax capacity of the TIF district. It is NOT the date of the adoption of the TIF plan or the date the county auditor actually certified the original net tax capacity of the TIF district. For a request mailed to the county auditor, it is the postmark date on the mailing envelope. For a request hand delivered to the county auditor, it is the delivery date. This date is critical in the application of various TIF laws, therefore it should agree with the county auditor's records. 5. Certification date ...................................................................................................... .............................. 6. Date of most recent modification of TIF -plan budget (if any) ....................... ............................... 7. Date of required decertification .............................................................................. ............................... 3 / ! 6 / 81 4 / 11 / 8. Year first tax increment payment received (actual or anticipated) ........................... ............................... • If the TIF district has special legislation, please specify the year, chapter, article, and section of the law. Year Chapter - Article Se ction 10. Tax increment revenue to be received in 1999 ........................................................ ............................... S Renewal and Renovation Uncodified Law Specify: 239,116 11. Tax increment paid by the TIF authority in 1998 to governmental units other than the municipality. Name of governmental unit(s) $ Amount paid NA 46 Value of in -kind benefits financed with tax increment provided by the TIF authority in 1998 to a governmental unit other than the municipality. Value Describe in -kind transaction(s) NA ry 13. Does the TIF plan or other governing document permit tax increment to be expended: A. to pay bonds, the proceeds of which were or may be expended on activities located outside TIF district? ......................................................... ............................... ................ ® Yes El No B. for deposit into a common fund that may expend money on activities located outside the TIFdistrict? ...................................................................................................... ............................... Yes ® No C. to otherwise finance activities located outside the TIF district? ....................... ............................... ® Yes No Outstanding Non - Pooled Bonds to Which Increment is Pledged Not Applicable General Obligation Revenue Total 14. Original issue amount q30 00 0 9 3 0, 0 00 I5. Outstanding 12/31/97 N on e- Non e 16. Issued in 1998 N o n e- N © n 17. Principal paid in 1998 8. Outstanding 12/31/98 N o h t r _ t V o M Interest paid in 1998 20. Principal due in 1999 21. Interest due in 1999 22. Has the municipality created a special taxing district for this TIF district? ............... ........ ........................ El Yes ® No Charie s h anseh Fivian Vrectd ( 61 s6q -3 �4S Name of Preparer (print or type) Title Phone Number CIfI of arookfjn Ce 7 Employer of Preparer (print or type) C b ay , Ie-z 4 &nse�l Fr In a+� �� r ec ho r ( ) 6t2 _SC 1-3345 Name of Municipality's Authorized Representative (print or type) Title Phone Number C; � y o'F Qrook lye C A 1 Employer of Municipality's Authorized Representative (print or type) Cei,aA Pa141L� - -- Signature of Municipality's Authorized Representative Ckar►seh @ c�,bfooklyvl.- cer y11 11,u3 Email Address of Municipality's Authorized Representative lease complete and return by August, 1 to: Office of the State Auditor Tax Increment Financing Division 505 Spruce Tree Centre 1600 University Ave W St. Paul, MN 55104 TIF District Name: Z 1 00 O r o') K wood H32 D e V 8 - 6-99 Phone: (65I) 642 -0767 Fax: (651) 642 -0769 1998 Municipality Report - Page 2 ... ............................... . Tax Increment Financing Authority Report .. Y w d d D her 3I IQQR For The earn e ecem , W ax Increment Financing District Name TIF Authority Ciry/I'own Where TIF District is Located TIF Autnorlty Kepon L.aDei 2100 BROOKWOOD HSG DEV TIF District Name County's District # BROOKLYN CENTER TIF Authority BROOKLYN CENTER City/rown Where TIF District is Located TIF Authority's Authorized Representative BROOKLYN CENTER Municipality That Approved TIF District HENNEPIN County Where TIF District is Located • CHARLES HANSEN, FIN DIR (612) 569 -3345 Employer of Authorized Representative if different from TIF auth TIF Authority's Authorized Representative Telephone CITY OF BROOKLYN CENTER Address TIF form mailing 6301 SHINGLE CREEK PKWY address: BROOKLYN CENTER, MN 55430 Tax increment Rebates or Payments kvirect or tnuirecL) ivoi Applicable l/�I Accounted for in Prior Years 1998 Amount 9. To property owners _ 10. To developers -- 11 To governmental units other than the municipality 12. Value of in -kind benefits provided to other governmental units (describe) A. B. 13. For activities and improvements outside TIF district 14. Total Real Estate Transactions Not Applicable LJ _ Cost to TIF Price Paid Property Sold to Developer from Begi nning of TIF District Author i by Developer 15. A. Blroo 0Qvejo me , t 363 ,1-'9 39 H1 B. 7. Is this TIF district located in a fiscal disparities area and is it under option A? ..... ............................... Yes ® No 8. If yes, indicate the amount of total tax increase from the Commissioner of Revenue Fiscal Disparities Contribution Statement .................................................. ............................... $ Sources and Uses of Funds Sources of Funds A. Original TIF -Plan Budget Amount B. Cumulative Modified TIF- Plan Budget Amount C. Accounted for in Prior Years Amount D. 1998 Amount 16. Tax increment revenue S' 7 y '700 2 3 4 5 1) 3 13 3 2. 4 17. Interest on invested funds 3-1- 10 18. Bond proceeds 9 13 70 1(3 19. Loan roceeds 20. Real estate sales 3 R 4 2.7 3 LIZ I 21. Special assessments 22. Rent/lease revenue 23. Grants 24. Other (describe A. B. C. 25. Transfers in from line 49 26. Total Sources of Funds I t S Z 8 DO 9 3, S 1 7, 3 y 6 Z 3 3 14 1 Uses of Funds 12 7. Land/building acquisition Site improvements/ preparation costs 29. Installation of public utilities 3 ! 6 9 00 3 3 6 2 S s 30. Parking facilities 31. Streets and sidewalks 32. Public park facilities 33. Social, recreational, conference facilities or similar public improvements 34. Interest reduction payments 35. Bond principal payments 130 13 0,000 36. Bond interest payments 661 8 S X S 4 z S 37. Loan p payments 38 Loan/note intere payments 4 3 , 000 4 ( 1 _ __ —.- 39. Administrative expenses ?.1 6 +{ - -- - -- 40. Other (describe) ___ -- - - A. B. AL C. I. Transfers out from line 55 1 1 2. S Z, R q y Z 3 3 2 4 q 42. Total Uses of Funds 2, y 0 s O 1 3 5 z 7, 3 y 6 1 23 3, 14 43. TIF District Balance (Deficiency) 1 $ 1 1 -0- ' TIF District Name: Z ( B �o o ff wood H s 9 0 e V 1998 TIF Authority Report - Page 2 Transfers - Identify TIF District or Fund Not Applicable 456. Accounted for in Prior Years 1998 Amount From Other TIF Districts or Funds 44. - - -- — -... - -- - - -- 46 . - 47. _ 61. Issued in 1998 48. 49. Total Transfers In to line 2 To Other TIF Districts or Funds 50. 1101 Earle Pro wtl Fa v, rn 7 7Y 233 Z41 51. _ 52. 65. Principal due in 1999 53. _ 54. 55. Total Transfers Out to line 41 Interest and Investment Earnings Not Applicable 456. On or Before 7/1/97 On or After 7/2/97 Interest/investment earnings received 1 111 None Outstanding Non - Pooled Bonds to Which Increment is Pledged Not Applicable General Obligation Revenue Total 59. Origin issue amount 60. Outstanding 12/31/97 - 61. Issued in 1998 62. Principal paid in 1998 63. Outstanding 12/31/98 Interest paid in 1998 65. Principal due in 1999 _ 66. Interest due in 1999 TIF District Name- 2-100 Qr0 0 k wo o 4 K s y 9 ev/ 1998 TIF Authority Report - Page 3 67. Amount of tax increment held that is dedicated to the payment of non - pooled TIF bonds ................... $ N o A e 68. Is amount on line 67 held in an escrow account? .................................................. ............................... 11 Yes M No Is pay -as- you -go financing being used? ................................................................ ............................... 11 Yes n No 70. If yes, list amount of documented developer costs incurred to date ...................... ............................... $ Other Non - Pooled Financial Obligations Not Applicable Description of Obligation Amount of Original Obligation 1998 Principal Payments 1998 Interest Payments Outstanding 12/31/98 71. 72. 73. 74. 75. 76. Total 77. Have you included a copy ofthe annual disclosure statementthat Minn. Stat. § 469.175, subd. 5, para. (b) requires the TIF authority to publish? (TIF reports are incomplete ifthe annual disclosure statement ....... ® Yes ❑ No • is not submitted.) .................................................................................... ............................... Ckarles Paulsen Ff tqance 01 reclov , Name of Preparer (print or type) Title C' J of grooKlyn C.enftr Employer of Preparer (print or type) Cle (e s H a n sen Name of TIF Authority's Authorized Representative (print or type) City of Qrook(y Ceh Employer of TIF Authority's Authorized Representative (print or type) + Signature of TIF Authority's Authorized Representative cka ns @ci broo _ ceptter, Mn, u .s Email Address of TIF Authority's Authorized Representative Please complete and return by August 1 to: Office of the State Auditor • Tax Increment Financing Division 505 Spruce Tree Centre 1600 University Avenue W St. Paul, MN 55104 R nance 01 rcc4—o,,' Title 9 —C _71 Date Phone: Fax: (651) 642 -0767 (651) 642 -0769 (6 11) 5' -334 Phone Number (6(;j S --334 Phone Number TIF District Name: ZO g r o o k W oy c� �} s q p e v 1998 TIF Authority Report - Page 4 Tax Increment Financing Municipality Report _, w Ended December 31,1998 For The Year E � ..,,, ...w �:. * Financing District Name TIF Authority City/Town Where TIF District is Located Municipality's Authorized Representative Employer of Authorized Representative (if different from municipality C Address City I Municipality Report Label 2101 EARLE BROWN FARM TIF District Name BROOKLYN CENTER TIF Authority BROOKLYN CENTER Cityfrown When: TIF District is Located CHARLES HANSEN, FIN DIR Municipality's Authorzed Representative HENNEPIN County Where TIF District is Located BROOKLYN CENTER Municipality That Approved TIF District County's District # (612) 569 -3345 Telephone CITY OF BROOKLYN CENTER TIF form mailing 6301 SHINGLE CREEK PKWY address: BROOKLYN CENTER, MN 55430 --r. — . . . . . .......... 1. TIF District type (check one): Pre -1979 Mined Underground Space Renewal and Renovation Housing Economic Development Uncodified Law ® Redevelopment Soils Condition Specify:__ _ • Is this a "Qualified Housing District" as defined in Minn. Stat. § 273. 1399? .......... ............................... [:] Yes ® No MM / DD / YY 3. Original TIF plan approval date ............................................................................... .............................. 4. Certification request dates* A. Original ...................... ....................................................................................................................... 7 / 2. ! S B. Geographic enlargement(s) / / / / N A. C. Hazardous substance subdistrict ......................................................................... ............................... NA Note: * The certification request date is the date the TIF authority requested the county auditor to certify the original net tax capacity of the TIF district. It is NOT the date of the adoption of the TIF plan or the date the county auditor actually certified the original net tax capacity of the TIF district. For a request mailed to the county auditor, it is the postmark date on the mailing envelope. For a request hand delivered to the county auditor, it is the delivery date. This date is critical in the application of various TIF laws, therefore it should agree with the county auditor's records. 5. Certification date ...................................................................................................... ............................... 6. Date of most recent modification of TIF -plan budget (if any) .................. 7. Date of required decertification ............................................. ................................ 9 0 7 / Io 8. Year first tax increment payment received (actual or anticipated) ........................... ............................... •. If the TIF district has special legislation, please specify the year, chapter, article, and section of the law. Year Chapter Article _ Section MW 10. Tax increment revenue to be received in 1999 ........................................................ ............................... $ I, 01 1 337 11. Tax increment paid by the TIF authority in 1998 to governmental units other than the municipality. (� Amount paid Name of governmental unit(s) $ 40 2. Value of in -kind benefits financed with tax increment provided by the TIF authority in 1998 to a governmental unit other than the municipality. Value Describe in -kind transaction(s) $ NA 13. Does the TIF plan or other governing document permit tax increment to be expended: A. to pay bonds, the proceeds of which were or may be expended on activities located outside the TIF district? .................................................................................... ............................... ❑ Yes a No B. for deposit into a common fund that may expend money on activities located outside the TIFdistrict? ...................................................................................................... ............................... Yes ® No C. to otherwise finance activities located outside the TIF district? ....................... ............................... Yes ® No Outstanding Non - Pooled Bonds to Which Increment is Pledged Not Applicable General Obligation Revenue Total 14. Original issue amount 15. Outstanding 12/31/97 16. Issued in 1998 — — 17. Principal paid in 1998 18. Outstanding 12/31/98 9. Interest paid in 1998 20. Principal due in 1999 21. - Interest due in 1999 22. Has the municipality created a special taxing district for this TIF district? ............... ............................... ❑ Yes 9 No CharIe5 ay%sen F inance 01rectot ( )' 61 2-561 -3 3 VC Name of Preparer (print or type) Title Phone Number City of Q ro o r (yy, Cen fier Employer of Preparer (print or type) C H ahs cn Name of Municipality's Authorized Representative (print or type) City Of Orooklyn Ce.rifer Employer of Municipality's Authorized Representative (print or type) Fivia.vlce Ofr ec,tor ( ) 611 _Sb`f - 334 Title Phone Number C� N MGM - -- $ =6 - - Signature of Municipality's Authorized Representative Date c. pan .3 en @ci, b1 , 00 kI yo— ee ) , Leo . ) us Email Address of Municipality's Authorized Representative • Please complete and return by August 1 to: Office of the State Auditor Tax Increment Financing Division 505 Spruce Tree Centre 1600 University Ave W St. Paul, MN 55104 TIF District Name: 1 1 0 1 E a r I C Q ro W h F �' ]m Phone: (651) 642 -0767 Fax: (651) 642 -0769 1998 Municipality Report - Page 2 Tax Increment Financing Authority Report For The Year Ended December 31, 1998 TIF Authority Report Label Tax Increment Financing District Name 2101 EARLE BROWN FARM TIF District Name County's District # TIF Authority BROOKLYN CENTER BROOKLYN CENTER TIF Authority Municipality That Approved TIF District City/Town Where TIF District is Located BROOKLYN CENTER HENNEPIN City/Town Where TIF District is Located County Where TIF District is Located TIF Authority's Authorized Representative CHARLES HANSEN, FIN DIR (612) 569 -3345 Employer of Authorized Representative (if different from TIF aut5t TIF Authority's Authorized Representative Telephone CITY OF BROOKLYN CENTER Address TIF form mailing 6301 SHINGLE CREEK PKWY address: BROOKLYN CENTER, MN 55430 City Tax Capacity Not Applicable Value 1. Current net tax capacity — _ _ _ __ _ �_ + 2. Original net tax capacity __ - j 41 S 0 4 6 6 $ 1 3 ? C. 3. Captured net tax capacity = 7 9 2 6 7 0 Fiscal disparity deduction, if applicable - None net tax capacity shared with other taxing jurisdictions - N o n e 7 Captured 6. Captured net tax capacity retained by TIF authorit = - 11Z 6 7 D 7. Is this TIF district located in a fiscal disparities area and is it under option A? ..... ............................... ® Yes [:] No 8. If yes, indicate the amount of total tax increase from the Commissioner of Revenue Fiscal Disparities Contribution Statement .................................................. ............................... $ 9 1, 331 Tax Increment Rebates or Payments (Direct or Indirect) Not Applicable Accounted for 1998 in Prior Years Amount 9. To property owners _ 10. 11 12. To developers T governmental units other than the municipality Value o f in -kind benefits provided to other governmental units (describe) - -- A. B. 13. For activities and improvements outside TIF district 14. Total Real Estate Transactions Not Applicable M 7 _ Property Sold to Developer from Beginning of TIF District Cost to TIF Authority Price Paid by Develo er 15. A. R Sources and Uses of Funds Sources of Funds A. Original TIF -Plan Budget Amount B. Cumulative Modified TIF- Plan Budget Amount C. Accounted for in Prior Years Amount D. 1998 Amount 16. Tax increment revenue 17. S 3 L1 - 7 q 4 - 16 , 11 t7 - 761 3 3 6 7 ID 1 12. S 66 17. Interest on invested funds 760 z. 6 2 4 0 0 , 000 18. Bond proceeds S. 1 6 7 3 6 4 16 6 71 S 4 13 K 1 2 3 -- 19. Loan proceeds 7 7 w 0 6 7 7 S_ H 0 6 - 7 20. Real estate sales 65 6 s o , 000 21. Special assessmen 1 -300, 1 3 0 0 000 22. Rent/lease revenue 23. Grants 6 Yo 000 L 000 000 1,000,000 24. Other (describe) A. B. C. 25. Transfers in from line 49 1 157 q q 8 2 3 3 2 `{ 26. Total Sources of Funds 2 0 Z 3 '1 5 7, - 7 7 y S3 7 y 1, S 8 4 9 4 2. 1 Uses of Funds 7. Land/building acquisition 2 9 7- 0 000 3 7-G0 Site improvements/ pre aration costs 29. Installation of public utilities 300 I N 0 12 30. Parking facilities I 31. Streets and sidewalks 8 0 0 00 1? 32. Public park facilities 33. Social, recreational, conference facilities or similar public improvements 000 000 q j & / 000 10 7 q 3 $ 6 -) 34. Interest reduction payments 35. Bond principal payme S x80,000 IS. S70, 000 7 7 0 5 ,000 6 36. Bond interest payments S 861 16 17 1 0 % 6 00 $ 7 61 7 1 `f 3 4 1 6 0 37. Loan principal payments 7 S74 067 6 1 00, 38 Loan/note intere payments 6 , `f 0 i - - -.- 39. Ad expenses 301,0 S6 1 1 300 7 0 7,_S 7 0 !, 3z y l 60 _ _ 3� `1 3 �{ 40. Other (describe) - -- A.O er a �'i ru bss�l I F 7. S01 (200 B. Gvs��, n eh cis 1 ,00 1 213 36q C. 1. Transfers out from line 55 42. Total Uses of Funds 1 6 S S3, 77 HO 311 1 S 1 Z S 7 1 7 9 43. TIF District Balance (Deficiency) Z, Z1 810 -0- (, 03, 6 6 6 ( 61 0 TIF District Name.. 1101 1= 1r( Q ro w Far 1998 TIF Authority Report - Page 2 Transfers - Identify TIF District or Fund Not Applicable Accounted for in Prior Years 1998 Amount From Other TIF Districts or Funds 44. 2.(0 F- oo I, Woo — - — - - - -- — 4 5. - -- - - -- 46 . - 47. - - 48. 49. Total Transfers In to line 25 ) _ 23 -3, Z y To Other TIF Districts or Funds 50. ff /�� to 51. ML Interest paid in 1998 52. 53. _ 54. 66. Interest due in 1999 1 55. Total Transfers Out to line 41 Interest and Investment Earnings Not Applicable El I M I On or Before 7/1/97 1 On or After 7/2/97 1 56. Interest/investment earnings received 2,065, 730 S'7.703 Outstanding Non - Pooled Bonds to Which Increment is Pledged Not Applicable General. Obligation Revenue Total 59. Original issue amount 60. Outstanding 12/31/97 - 61. Issued in 1998 62. Principal paid in 1998 63. Outstanding 12/31/98 ML Interest paid in 1998 65. Principal due in 1999 _ 66. Interest due in 1999 TIF District Name: Z ( 0 1 F ar f C g ro L.t/h F a r 1998 TIF Authority Report - Page 3 67. Amount of tax increment held that is dedicated to the payment of non - pooled TIF bonds ................... 68. Is amount on line 67 held in an escrow account? ............................................... ............................... (651) 642 -0767 (651) 642 -0769 Is pay -as- you -go financing being used? ................................................................ ............................... 11 Yes ® No 70. If yes, list amount of documented developer costs incurred to date ...................... ............................... $ Other Non - Pooled Financial Obligations Not Applicable N Description of Obligation Amount of Original Obligation 1998 Principal Payments 1998 Interest Payments Outstanding 12/31/98 71. 72. 73. 74. 75. 76. Total 77. Have you included a copy of the annual disclosure statementthat Minn. Stat. § 469.175, subd. 5, para. (b) requires the TIF authority to publish? (TIF reports are incomplete if the annual disclosure statement ........... N • is not submitted.) .................................................................................... ............................... C�a,rtes A a,Y%S-e'I F rance VI V e r - Name of Preparer (print or type) Tide C c y of Pro K (y Ceh t e r Employer of Preparer (print or type) Charles hg sen nr r'ecfo0 Name of TIF Authority's Authorized Representative (print or type) Title Ci f y of Froo k (y M C f er Employer of TIF Authority's Authorized Representative (print or type) C�.cvyQ�. } aw $_ 6 -q7 Signature of TIF Authority's Authorized Representative Date chanse� �ci. �+`coktyr," /nrt. u.r Email Address of TIF Authority's Authorized Representative Please complete and return by August 1 to: Office of the State Auditor Phone: • Tax Increment Financing Division Fax: 505 Spruce Tree Centre 1600 University Avenue W St. Paul, MN 55104 TIF District Name: 2-1 01 E a w e, a ro wii F a r n'i $ NoolQ n Yes n No Yes 11 No (4 tz)s 6q - ,7 7y Phone Number ' (6(z) S6q�3��ts Phone Number 1998 TIF Authority Report - Page 4 Tax Increment Financing Pooled Debt Report For The Year Ended December 31, 1998 Pooled Debt Report Label County Where TIF Districts are Located TIF Authority $6,050,000 GO TIF BONDS 1991A Description of Pooled Debt HENNEPIN County Where TIF Districts are Located BROOKLYN CENTER BROOKLYN CENTER TIF Authority Municipality That Approved TIF Districts Municip. _ CHARLES HANSEN, FIN DIR (612) 569 -3345 Municipality's Authorized Representative TitTit — k Municipality's Authorized Representative Telephone Employer of Authorized Representative (if different than municipality that 6 TIF form CITY OF BROOKLYN CENTER mailing address: 6301 SHINGLE CREEK PKWY Address BROOKLYN CENTER, MN 55430 City Outstanding Pooled Bonds to Which Tax Increment is Pledged General Obligation Revenue 1. Original issue amount 6 0 S 0 0 0 0 2. Outstanding 12/31/97 3. Issued in 1998 4 000 N 0 h e- 4. Principal paid in 1998 3 1 S. 0 00 5.0 utstanding 12/31/98 3, 6),S"()00 6. Interest paid in 1998 11 S S 1 S 7. Principal due in 1999 4 8. Interest due in 1999 10 3 6 -? S 4 Other Pooled Financial Obligations of 9. Original issue amount 10. Outstanding 12131/97 11. Issued in 1998 12. Principal paid in 1998 13. Outstanding 12/31/98 14. Interest paid in 1998 15. Principal due in 1999 16. Interest due in 1999 TIF Districts Pooled 17. List TIF districts that have authorization to use tax increment to retire this pooled debt. A. 1 100 Fro k WO (la H37 O G. B. 1101 F a.r l e, Br ow n F a r vn H. E. F. Charles H amsen Name of Preparer (print or type) of Q roo kl h Ce- kitev oyer of Preparer (print or type) Ckar (es (ari Name of Municipality's Authorized Representative (print or type) Ci tj of Rroakly Ceh 't er Employer of Municipality's Authorized Representative (print or type) Signature of Municipality's Authorized Representative cham se _ @ci Brooklyn ce ifer. n %,us Email Address of Municipality's Authorized Representative Please complete and return by August 1 to: K. L. F C. -o Title Fi etak ce p Title Date Office of the State Auditor Tax Increment Financing Division 505 Spruce Tree Centre 1600 University Ave W St. Paul, MN 55104 (612,) S67 - 3.7 Phone Number (6 0-) S� 3 34 S Phone Number Phone: (651) 642 -0767 Fax: (651) 642 -0769 Pooled Debt: (, O S O 0o 0 G- 0 T I F Q o vt d s 1771 A 1998 Pooled Debt Report Page 2 I. C. J. D. E. F. Charles H amsen Name of Preparer (print or type) of Q roo kl h Ce- kitev oyer of Preparer (print or type) Ckar (es (ari Name of Municipality's Authorized Representative (print or type) Ci tj of Rroakly Ceh 't er Employer of Municipality's Authorized Representative (print or type) Signature of Municipality's Authorized Representative cham se _ @ci Brooklyn ce ifer. n %,us Email Address of Municipality's Authorized Representative Please complete and return by August 1 to: K. L. F C. -o Title Fi etak ce p Title Date Office of the State Auditor Tax Increment Financing Division 505 Spruce Tree Centre 1600 University Ave W St. Paul, MN 55104 (612,) S67 - 3.7 Phone Number (6 0-) S� 3 34 S Phone Number Phone: (651) 642 -0767 Fax: (651) 642 -0769 Pooled Debt: (, O S O 0o 0 G- 0 T I F Q o vt d s 1771 A 1998 Pooled Debt Report Page 2 Tax Increment Financing Pooled Debt Report For The Year Ended December 31, 1998 pooled Debt Report Label : $4,270,000 GO TIF REFUNDING BONDS 1992A Description of Pooled Debt HENNEPIN County Where TIF Districts are Located :County Where TIF Districts are Located BROOKLYN CENTER BROOKLYN CENTER TIF Authority Munici{ TIF Authority Municipality That Approved TIF Districts CHARLES HANSEN, FIN DIR (612) 569 -3345 Municipality`s Authorized Representative Tdle ; Municipality's Authorized Representative Telephone Employer of Authorized Representative (if different than municipality that I TIF form CITY OF BROOKLYN CENTER mailing address: 6301 SHINGLE CREEK PKWY Address BROOKLYN CENTER, MN 55430 qt Outstanding Pooled Bonds to Which Tax Increment is Pledged General Obligation Revenue 1. Origin is sue amount ? 0, 000 2. Outstandi 12/31/97 3. Issued in 1998 T 3 $ 6 S 000 No a f- 4. Principal paid in 1998 46 r 0 0 0 5. Outstanding 12/31/98 3, 400 6. Interest paid in 1998 0 K 7 0 _ 7. Principal due in 1999 S t {0 000 8. Interest due in' 1999 166 4 Other Pooled Financial Obligations of 9. Original issue amount 10. Outstanding 12/31/97 11. Issued in 1998 12. Principal paid in 1998 13. Outstanding 12/31198 14. Interest vaid in 1998 15. Principal due in 1999 16. Interest due in 1999 TIF Districts Pooled 17. List TIF districts that have authorization to use tax increment to retire this pooled debt. A. 2.100 Vroo k woo4 H s,/ Oev G. B. 1(0( Fare Vrown Faern H. C. I. 0 E. F. Chap - (es H a nsevi Name of Preparer (print or type) J. IN L. FF n &i v- e- 0 rector (617,) SCI 3 3g3 - Title Phone Number (' f y of �ro0kIgn Center W oycr of Preparer (print or type) ' Charles Hansen Name of Municipality's Authorized Representative (print or type) C of grooklYin Ceh Employer of Municipality's Authorized Representative (print or type) - lr "LCD !1 Q'Yt4 Signature of Municipality's Authorized Representative F r n &h CG 17� Title Phone Number Date C 6an s cn @Gl , brook1ydt" CenfCr. *I ii. ks Email Address of Municipality's Authorized Representative Please complete and return by August 1 to: • Office of the State Auditor Tax Increment Financing Division 505 Spruce Tree Centre 1600 University Ave W St. Paul, MN 55104 Phone: (651) 642 -0767 Fax: (651) 642 -0769 Pooled Debt: 4 4 , 2 o, 0 0o & o T fi e f un d i n gy Q o 4 s 1 2 A 1998 Pooled Debt Report Page 2 Tax Increment Financing Pooled Debt Report For The Year Ended December 31, 1998 = .�.X' Q''r*, vances from other cit Hennepin County Wherc TIF Districts are Located Brooklyn Center B Cen ter TIF Authority Municipality That Approved TIF District Charles Hansen Firtance Director 612 - 569 -3345 Municipality's Authorized Representative Title Phone Number City of Brooklyn Center Employer of Authorized Representative (if different than municipality that approved TIF district) 6301 Shin gle Creek Parkway Address Brooklyn Center MN 55430 c ity state ip e Outstanding Pooled Bonds to Which Tax Increment is Pledged General Obligation Revenue 1. Origi issu amount 10. Outstanding 12/31/97 c 7 $ y 3 2. Outstanding 12/31/97 3. Issued in 1998 N o h t 12. Principal paid in 1998 4. Principal paid in 1998 13. Outstanding 12/31198 1 T 14 3 5. Outstanding 12/31/98 N a rl 15. Principal due in 199 6. Interest paid in 1998 16. Interest due in 1999 7. Principal due in 1999 8. Interest due in 1999 Other Pooled Financial Obligations Description of Obligation: 9. Original issue amount 7, S ? y 0 V? 10. Outstanding 12/31/97 c 7 $ y 3 11. Issued in 1998 N o h t 12. Principal paid in 1998 Now 13. Outstanding 12/31198 1 T 14 3 14. Interest paid in 1998 N a rl 15. Principal due in 199 No M e No n e, 16. Interest due in 1999 4 • TIF Districts Pooled 17. List TIF districts that have authorization to use tax increment to retire this pooled debt. A. I I Do 0rook woo4 Hsg ev G. s. M01 Faiele Yrowh Fa rm H. C. I. D. J. E. K. F. Charl H aAs en Name of Preparer (print or type) C,i+y of gv oo�Oyh Cen'�er w ployei• of Preparer (print or type) C�Inky Nanseyl Name of Municipality's Authorized Representative (print or type) C; f y of Frooklyv, Ceh�e,r7 Employer of Municipality's Authorized Representative (print or type) - _C AAZA/ P LC T - Signature of Municipality's Authorized Representative chartsen@ CI. h(#' Ce nter'. M4. us Email Address of Municipality's Authorized Representative Please complete and return by August I to: • L. Finance 0,wec4 (612)To -j j�s Title Phone Number F'( a vice D ► o c c-fo (6 s P t fs - Title Phone Number � - ^9 '� Date Office of the State Auditor Tax Increment Financing Division 505 Spruce Tree Centre 1600 University Ave W St. Paul, MN 55104 Phone: (651) 642 -0767 Fax: (651) 642 -0769 Pooled Debt Ab a A c e s 1 o w o�A e r C t *Y f (,t y,� S 1998 Pooled Debt Report Page 2 Tax Increment Financing Municipality Report ,• ' -.. For The Year Ended December 31,1998 mumctpaitty Kepor1 t-aoei W ricrement Financing District Name 2102 TIF 3 TIF District Name County's District # _ TIF Authority City/Town Where TIF District is Located Municipality's Authorized Representative Employer of Authorized Representative (if different from municipality Address City BROOKLYN CENTER BROOKLYN CENTER TIF Authority Municipality That Approved TIF District BROOKLYN CENTER HENNEPIN City(rown Where TIF District is Located County Where TIF District is Located CHARLES HANSEN, FIN DIR (612) 569 -3345 ; Municipality's Authorized Representative Telephone CITY OF BROOKLYN CENTER TIF form mailing 6301 SHINGLE CREEK PKWY address: BROOKLYN CENTER, MN 55430 1. TIF District type (check one): Pre -1979 Housing Redevelopment Mined Underground Space Economic Development Soils Condition Renewal an d Renovation Uncodified Law Specify: 4. Certification request dates* A. Original ......................:....................................................................................... ............................... y / 1 B. Geographic enlargement(s) / / / / IV A . C. Hazardous substance subdistrict .......................................................................... ............................... NA Note: * The certification request date is the date the TIF authority requested the county auditor to certify the original net tax capacity of the TIF district. It is NOT the date of the adoption of the TIF plan or the date the county auditor actually certified the original net tax capacity of the TIF district. For a request mailed to the county auditor, it is the postmark date on the mailing envelope. For a request hand delivered to the county auditor, it is the delivery date. This date is critical in the application of various TIF laws, therefore it should agree with the county auditor's records. 5. Certification date ...................................................................................................... .............................. 6. Date of most recent modification of TIF -plan budget (if any) ................................. .............................. IN A 7. Date of required decertification ............................................................................... ............................... 8. Year first tax increment payment received (actual or anticipated) ........................... .............................. 1 116 • If the TIF district has special legislation, please specify the year, chapter, article, and section of the law. Year r g 14 Chapter 3 7 Article 9 19 _ 10. Tax increment revenue to be received in 1999 ........................................................ ............................... $ Is this a "Qualified Housing District" as defined in Minn. Stat. § 273. 1399? .......... ............................... [—] Yes ® No MM / DD / YY 3 . Original TIF plan approval date ............................................................................... ............................... 4. Certification request dates* A. Original ......................:....................................................................................... ............................... y / 1 B. Geographic enlargement(s) / / / / IV A . C. Hazardous substance subdistrict .......................................................................... ............................... NA Note: * The certification request date is the date the TIF authority requested the county auditor to certify the original net tax capacity of the TIF district. It is NOT the date of the adoption of the TIF plan or the date the county auditor actually certified the original net tax capacity of the TIF district. For a request mailed to the county auditor, it is the postmark date on the mailing envelope. For a request hand delivered to the county auditor, it is the delivery date. This date is critical in the application of various TIF laws, therefore it should agree with the county auditor's records. 5. Certification date ...................................................................................................... .............................. 6. Date of most recent modification of TIF -plan budget (if any) ................................. .............................. IN A 7. Date of required decertification ............................................................................... ............................... 8. Year first tax increment payment received (actual or anticipated) ........................... .............................. 1 116 • If the TIF district has special legislation, please specify the year, chapter, article, and section of the law. Year r g 14 Chapter 3 7 Article 9 19 _ 10. Tax increment revenue to be received in 1999 ........................................................ ............................... $ 11. Tax increment paid by the TIF authority in 1998 to governmental units other than the municipality. Amount paid Name of governmental unit(s) $ NA Value of in -kind benefits financed with tax increment provided by the TIF authority in 1998 to a governmental unit other than the municipality. Value Describe in -kind transactions) N 13. Does the TIF plan or other governing document permit tax increment to be expended: A. to pay bonds, the proceeds of which were or may be expended on activities located outsidethe TIF district? .................................................................................... ............................... ® Yes No B. for deposit into a common fund that may expend money on activities located outside the TIFdistrict? ...................................................................................................... ............................... ❑ Yes ® No C. to otherwise finance activities located outside the TIF district? ....................... ............................... ® Yes ❑ No Outstanding Non - Pooled Bonds to Which Increment is Pledged Not Applicable Obligation Revenue Total 14. Original issue amount G eneral - 1 S 6 0 b o 0 00 15. Outstanding 12/31/97 4 Y& 0 , 000 1 { S'60 1 000 16. Issued in 1998 N o pt C. N o'" 0 17. Principal paid in 1998 Jy 011 e N 0 " t - Outstanding 12/31/98 `i S 6 0, 000 _ _ 4,S40, - Interest paid in 1998 Z $ S _ r _ �- �� S 20. Principal due in 1999 - 11,5 - ,000 _ 12-,7, �0 0 21. Interest due in 1999 22. Has the municipality created a special taxing district for this TIF district? ............... ....................:.......... ❑ Yes " No Charles IlansP-i Name of Preparer (print or type) C►ty of Frookki Ce. fe Employer of Preparer (print or type) Charles Ha ms eo Name of Municipality's Authorized Representative (print or type) G fy of ar oo lC(yn Ce'.rtter Employer of Municipality's Authorized Representative (print or type) F v c.cfot^ ( 7 6 f 1— .-67-3345 Title Phone Number FIV jan ce 0,r ec t or ( ) 61I - SL9 - :3.:345 Title Phone Number Signature of Municipality's Authorized Representative chansen & ci. b ook(y - center.mn, us Email Address of Municipality's Authorized Representative lease complete and return by August 1 to: Office of the State Auditor Tax Increment Financing Division 505 Spruce Tree Centre ° 1600 University Ave W St. Paul, MN 55104 TIF District Name: 2. ' o .Z T I F 3 Date Phone: (651) 642 -0767 Fax: (651) 642 -0769 1998 Municipality Report - Page 2 .................. .................. Tag Increment Financing Authority Report For The Year Ended December 31,1998 TIF Authority Report Label fax Increment Financing District 2102 TIF 3 TIF District Name County's District # Cit Tax Capacity Not Applicable BROOKLYN CENTER BROOKLYN CENTER TIF Authority TIF Authority Municipality That Approved TIF District - 16 7 3 ZO BROOKLYN CENTER HENNEPIN City/Town Where TIF District is Located Fiscal disparity deduction, if applicable - City /town Where TIF District is Located County Where TIF District is Located TIF Authority's Authorized Representative N 6 n e _ _ _ 3, 700. JV O K e _• •_• 6. Captured net tax capacity retained by TIF authority = CHARLES HANSEN, FIN DIR (612) 569 -3345 TIF Authority s Authorized Representative Telephone Employer of Authorized Representative (if different from TIF au8 _ B. CITY OF BROOKLYN CENTER 13. TIF form mailing 6301 SHINGLE CREEK PKWY Address address: BROOKLYN CENTER, MN 55430 Cit Tax Capacity Not Applicable Value 1. Current net tax capacity _ _ _ __ _ __ + 2. Original net tax capacity _ - b 4 Z $, S y 6 - 16 7 3 ZO 3. Captured net tax capacity = 61&, )1 C Fiscal disparity deduction, if applicable - None Captured net tax capacity shared with other taxing jurisdictions N 6 n e _ _ _ 3, 700. JV O K e _• •_• 6. Captured net tax capacity retained by TIF authority = 614, fi 7. Is this TIF district located in a fiscal disparities area and is it under option A ? ............................ 8. If yes, indicate the amount of total tax increase from the Commissioner of Revenue Fiscal Disparities Contribution Statement .................................................. ............................... $ Yes n No 383, ! 8s r L Tax Increment Rebates or Payments ivireci or inultrect) Not Appttcaote LJ Accounted for in Prior Years 1998 Amount 9. 10. 11 12. To property owners To developers _ _ T governmental units other than the municipality _- Value of in -kind benefits provided to other governmental units (describe) N 6 n e _ _ _ 3, 700. JV O K e _• •_• N o h e- 1- q, g 0 f - __ o n e __ _ A. None NOhe B. 13. For activities and improvements outside TIF district 14. Total Real Estate Transactions Property Sold to Developer from Beginning of TIF District Not Applicable Cost to TIF Price Paid Authority by Developer 15. A. - -- B. r L Sources and Uses of Funds Sources of Funds A. Original TIF -Plan Budget Amount I B. Cumulative Modified TIF- Plan Budget Amount C. Accounted for in Prior Years Amount D. 1998 Amount - 16. Tax increment revenue $ 0 6 9 9 3 S y D l g S 816 -4 7 K 17. Interest on invested funds 1 0. 3 0 607 4 9 Z L0 12 31 6 ,7 18. Bond proceeds 19 000 0 0 0 y S - 4 0000 - -- — - -- -- -- - - _ -- - -- 19. Loan proceeds 20. Real estate sales 1, Y 00 1 00 21. Special assessments 22. Rent/lease revenue — 23. Grants 24. Other (describe) A. B. C. 25. Transfers in from line 49 26. Total Sources of Funds 0 1 00 000 S, S y z 3 -S2. {, o K D `439 Uses of Funds Land/building acquisition j S 0 00 000 �1- y s H Z S ? 3 6 Site improvements/ preparation costs 29. Installation of public utilities $ 0 0 0 0 0 0 ' 1 3, 6 6 S'00 0 0 30. Parking facilities 31. Streets and sidewalks 32. Public park facilities 33. Social, recreational, conference facilities or similar public improvements 34. Interest reduction payments 35. Bond principal payments 36. Bond interest payments 2 9 000 7.0 000 000 S z 3 z 4 Z 8 S 37. Loan principal payments 38. Loan/note intere payments - 700 39. Administrative expenses 1 _ -- : - -- _ - -- - - -- 40. Other (describe) A. H ou s i n S ' 000 000 B. Coo fin emc.r 000 000 C. Ali 1. Transfers out from line 55 42. Total Uses of Funds 30 , 900 ( 000 Z, j 2 l E ly 1 1 0 7 6 Ss l 43. TIF District Balance (Deficiency) - 0 - 3 4 10, 3'70 ( s & 1) 2-) TIF District Name: Z 10 1 TI 3 1998 TIF Authority Report - Page 2 Transfers - Identify TIF District or Fund Not Applicable 14 L111 Accounted for in Prior Years 1998 Amount From Other TIF Districts or Funds 44. - - - -- - - -- - - - - - — -- - -- 45 . - -- - - -- - -- 46 . - 47. ' N 04 e 62. Principal paid in 1998 48. ti e 49. Total Transfers In to line 25 �( S 6 0 0 00 To Other TIF Districts or Funds 50. Z g g 7 7 s 51. - ]2 IS 0 0 52. - Z Z 0 d 0 66. Interest due in 1999 53. 1 Z s ys 54. 55. Total Transfers Out to line 41 Interest and Investment Earnings Not Applicable On or Before 7/1/97 On or After 7/2/97 56. Interest/investment earnings received 49 g 7 W Z( 3 7 S Outstanding Non - Pooled Bonds to Which Increment is Pledged Not Applicable General Obligation Revenue Total 59. Original issue a m o u n t 60. Outstanding 12/31/97 S 6 D 0 d 0 y S 6 0 00 0 �'�� S 6 0 000 �6 0 00 o _ 61. Issued in 1998 None N 04 e 62. Principal paid in 1998 N o Vk e ti e 63. Outstanding 12/31/98 �( S 6 0 0 00 7 60,000 Interest paid in 1998 Z g g 7 7 s 2 9 3 65. Principal due in 1999 ]2 IS 0 0 - Z Z 0 d 0 66. Interest due in 1999 ' y S 1 Z s ys TIF District Name: ) -1 0 2- - T I 3 1998 TIF Authority Report - Page 3 67. Amount of tax increment held that is dedicated to the payment of non- pooled TIF bonds ................... $ 68. Is amount on line 67 held in an escrow account? .................................................. ............................... ® Yes 11 No Is pay -as- you -go financing being used? ................................................................ ............................... ® Yes F1 No 70. If yes, list amount of documented developer costs incurred to date ...................... ............................... $ 7 ( 0 . 00 0 Other Non - Pooled Financial Obligations Not Applicable Description of Obligation Amount of Original Obligation 1998 Principal Payments 1998 Interest Payments Outstanding 12/31/98 71.Stth life a -as- oa- 0 460 ?3 66 1 46 33s 3Y6 Say 72.x' F a -as- bu- 0 2 ZS0,000 73. 74. 75. 7 Total 110 000 7 3 �{ 6 6 �(6 33 S 77. Have you included acopy ofthe annual disclosure statement that Minn. Stat. § 469.175, subd. 5, para. (b) requires the TIF authority to publish? (TIF reports are incomplete if the annual disclosure statement is not submitted.) ................................................................................................. ............................... M Yes El No • CA2r('p-s H avi F( v►an ce 0 ;r , euloo (G F6 y -.73V Name of Preparer (print or type) Title Phone Number Ct$y of Pr ooklul ee'Itev Employer of Preparer (print or type) Charles H Name of TIF Authority's Authorized Representative (print or type) ClfV of f rooK(y Cenley Employer of TIF Authority's Authorized Representative (print or type) Signature of TIF Authority's Authorized Representative ckaii s 6? ei. brookl Cenfe+`. Al n,u Email Address of TIF Authority's Authorized Representative Please complete and return by August 1 to: Office of the State Auditor • Tax Increment Financing Division 505 Spruce Tree Centre 1600 University Avenue W St. Paul, MN 55104 Fi&tah P; r ecl - o a^ Title $ - b1— Date Phone: Fax: (651) 642 -0767 (651) 642 -0769 S6`t-33Y- Phone Number TIF District Name: ! 0 2 T IF 3 1998 TIF Authority Report - Page 4 • City Council Agenda Item No. 6f 41 L--] • MEMORANDUM DATE: August 17, 1999 TO: Michael J. McCauley, City Manager FROM: Dave Peterson, Public Works Superintendent/ SUBJECT: Resolution Authorizing the Purchase of One Front End Loader and Attachments The 2000 Central Garage budget request includes the replacement of unit #15, a 1988 loader. Attachments include the bucket, loading forks, front and wing snowplows installed. The budget request is for $176,000, which is available in the Central Garage replacement fund. We extensively tested and rated three brands of loaders in 1998 when we replaced Loader #13. This was documented and used as justification to purchase Caterpillar. We tested one other brand in 1999 and Caterpillar is still the top choice for value. Ziegler, Inc. has the award for Caterpillar in the State Cooperative Purchasing Contract in effect from February 99 - January 31, 2000. There is a minimum delivery backlog of 120 days if • ordered now. We possibly would not receive equipment until fall of 2000 or later if we wait to order in January of 2000. This backlog is expected to continue to increase by January 2000. This loader is used very heavily in the winter for loading salt and sand and for clearing snow. I request approval to order the Caterpillar loader and attachments in August of 1999 on the State of Minnesota Contract #SEQ 760 -1298. Payment in the amount of $151,098.00 will be made in 2000 upon delivery of the loader. 40 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE LOADER AND ATTACHMENTS WHEREAS, the City's 1988 loader, unit #15, is scheduled for replacement in 2000, in preparation for which staff has been reviewing price and availability of said equipment; and WHEREAS, it is expected that $176,000 in accumulated depreciation will be available in the 2000 Central Garage capital outlay budget; and WHEREAS, a minimum of 120 day delivery makes immediate ordering preferable for 2000 delivery and payment; and WHEREAS, it is possible for the City of Brooklyn Center to participate in the 1999 Minnesota State Cooperative Purchasing Venture; and WHEREAS, this replacement loader and attachments are available on the State Contract Bid for Caterpillar brand loaders from Ziegler, Inc. at a cost of $151,098. • NOW THEREFORE BE IT RESOLVED b the City Council of the City of Y tY tY Brooklyn Center, Minnesota that the purchase and early order of loader #15 under the Minnesota State Cooperative Purchasing Venture in the amount of $151,098 is hereby apprgved. Date ATTEST: City Clerk Mayor 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. 6g 0 .7 . MEMORANDUM DATE: August 19, 1999 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Accepting Bids and Awarding a Contract, Improvement Project No. 1999 -20, Contract 1999 -L, Azelia Avenue Improvements To ensure that this improvement is complete prior to the developer's (Wickes) need to gain access to its new building, it is necessary that this project move along with all due speed. So that this contract could be awarded on August 23 rather than waiting until September 13, 1999, we have scheduled a bid opening for Monday, August 23, and will bring those results along with a recommendation to the Council Monday evening. The developer is responsible for paying 100 percent of the cost of the improvement. is • • r1 U MEMORANDUM DATE: August 23, 1999 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer 40 .SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 1999- 20, Contract 1999 -L, Azelia Avenue Improvements Summary Explanation As part of the approval of Phase I of the Joslyn Property redevelopment (Wickes Distribution Center), it is required that Azelia Avenue be upgraded between Lakebreeze Avenue to the site, a distance of about 400 feet. The upgrade can generally be described as a reconstruct and widening of the street, including concrete curb and gutter. The construction upgrade is being administered by the City at the developer's cost. This project also includes some sanitary sewer work to replace services and make other corrections which the project makes convenient and most cost - effective to do at this time. Those costs would be paid by the sanitary sewer utility, not the developer. Even though the low bid exceeded the estimate, the developer has reviewed the bids and has executed an agreement to pay the assessment based on the low bid. Bids for Contract 1999 -L were received and opened on August 23, 1999. The bidding results are tabulated as follows: Bidder Bid Opened Amount Corrected Total Thomas & Sons North Valley, Inc. Bituminous Roadways, Inc Hardrives, Inc. $81,470.45 $81,895.55 $90,779.50 $94,218.75 $94,218.95 Of the four (4) bids received, the lowest bid of $81,470.45 was submitted by Thomas and Sons. The total Engineer's Estimate for the project (including City sanitary sewer work added later) was $73,670.45.000 Thomas and Sons has proven experience in performing all of the requirements included in this contract, and have completed several projects within the City of Brooklyn Center as well. Accordingly, staff recommends acceptance of the low bid and award of the contract to Thomas and Sons. Recommended City Council Action Approve the attached resolution accepting the low bid and awarding a contract to Thomas and Sons. Member introduced the following resolution and moved its . adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1999 -20, CONTRACT 1999 -L, AZELIA AVENUE IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1999 -20, bids were received, opened, and tabulated by the City Clerk and Engineer on the 23rd day of August, 1999. Said bids were as follows: Bid de Thomas & Sons North Valley, Inc. Bituminous Roadways, Inc. Hardrives, Inc. Bid Opened Amount $81,470.45 $81,895.55 $90,779.50 $94,218.75 Corrected Total $94,218.95 WHEREAS, it appears that Thomas and Sons is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Thomas and Sons of Rogers, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 1999 -20, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract is signed. 3. The estimated project costs and revenues are as follows: COSTS Contract Admin/Legal /Engr. Contingency Total Estimated Project Cost • REVENUES En ,qineer's Estimate $73,670.45 As Amended Per Low Bid $81,470.45 $3,000.00 $84,470.45 • RESOLUTION NO. Special Assessments Sanitary Sewer Utility Total Estimated Revenue Date ATTEST: City Clerk Mayor 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. • $76,244.00 8,226.45 $84,470.45 • MEMORANDUM • DATE: August 23, 1999 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer 51 SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 1999- 20, Contract 1999 -L, Azelia Avenue Improvements Summary Explanation As part of the approval of Phase I of the Joslyn Property redevelopment (Wickes Distribution Center), it is required that Azelia Avenue be upgraded between Lakebreeze Avenue to the site, a distance of about 400 feet. The upgrade can generally be described as a reconstruct and widening of the street, including concrete curb and gutter. The construction upgrade is being administered by the City at the developer's cost. Bids for Contract 1999 -L were received and opened on August 23, 1999. The bidding results are tabulated as follows: B idder Bid Opened Amount Corrected Total Of the (,) bids received, the lowest bid of $ was submitted by Estimate for the project was $55,000.00. The total Engineer's References provided by the low bidder have been contacted. has proven experience in performing all of the requirements included in this contract. Accordingly, staff recommends acceptance of the low bid and award of the contract to Recommended City Council Action Approve the attached resolution accepting the low bid and awarding a contract to • City Council Agenda Item No. 6b • :7 • MEMORANDUM DATE: August 18, 1999 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. .7 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. PROPERTY OWNER ------------- - - - - -- The diseased trees at the following addresses are hereby declared to be a public nuisance: SATYENDRA & KASUM CHATURVEDI • DEAN TUCKER VIKAS & PAYAL WADHAWAN EARL & BERTHA STORTS WILLIAM MERRITT 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date ATTEST: City Clerk Mayor 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. TREE PROPERTY ADDRESS ----------------------------------------- NUMBER - - - - -- 5906 COLFAX AVE N 154 2301 ERICON DR 155 881 70TH AVE N 156 4912 63RD AVE N 157 907 57TH AVE N 158 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date ATTEST: City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member • and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 7a • r� u r, • • City o f Brooklyn Center A great place to start. A great place to stay. Office of the City Clerk MEMORANDUM TO: Michael I McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: August 5, 1999 SUBJECT: An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Brookdale) On March 8, 1999, the City Council passed first reading of An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Brookdale). The legal notice was published March 17, 1999, in the Brooklyn Center Sun -Post notifying of an April 12, 1999, public hearing date. The public hearing was inadvertently missed from being placed on the April 12 City Council agenda and was never held. City Attorney Charlie LeFevere recommended re- publication of the public hearing legal notice to be held August 23, 1999. The ordinance amendment, if adopted, would be effective October 1, 1999. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of April, 1999, 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 amendment to Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCES REGARDING THE CERTAIN LAND (BROOKDALE) CHAPTER 35 OF THE CITY ZONING CLASSIFICATION OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1190. COMMERCE DISTRICT (C -2). The following properties are hereby established as being within the (C -2) Commerce District zoning classification: That area bounded by the following: County Road No. 10 on the north; Xerxes Avenue on the east: State Highway No. 100 on the south; ate Coun Highway No. 152 Wrooklyn Boulevard) on the west. Tract A. Registered Land Survey No. 1151. Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development District zoning classification: 4. The following properties are designated as PUDIC -2 (Planned Unit Development/Commerce) : That area bounded by the following. County Road No. 10 on the north: State Highway 100 on the east and south; Xerxes Avenue on the west, except for Tract A. Registered Land Survey No. 1151. • ORDINANCE NO. 0 Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 1999. Mayor ATTEST: City Clerk Date of Publication • Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) U City Council Agenda Item No. 8a 41 MEMO To: From: Subject: Date: • Michael J. McCauley, City Manager Ronald A. Warren, Planning and Zoning Specialist ffA' W. City Council Consideration Item - Planning Commission Application No. 99007 August 18, 1999 On the August 23, 1999 City Council Agenda is Planning Commission Application No. 99007 submitted by Twin Lakes II, LLC requesting Preliminary Plat approval to subdivide three existing parcels of land into three new lots and an outlot. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 99007 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their August 12, 1999, meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the recommendations of the Planning Commission. 40 • Application Filed on 7 -22 -99 City Council Action Should Be Taken By 9 -20 -99 (60 Days) Planning Commission Information Sheet Application No. 99007 Applicant: Twin Lakes II, LLC Location: Property Lying East of Twin Lake and Southwest of Soo Line Railroad Request: Preliminary Plat The applicant Twin Lakes II, LLC (Paul Hyde) is seeking preliminary plat approval to subdivide three existing parcels of land into three new lots and an outlot with different boundaries and configuration. The property in question is zoned I -2 (General Industry) and is made up of the old Joslyn pole yard property (4837 France Avenue North), the Davies Water Company site (4010 Lakebreeze Avenue), and an off -site accessory parking lot for the Northwest Athletic Club (3950 Lakebreeze Avenue). The area in question is bounded on the west by Twin Lake; on the north by the Soo Line Railroad; on the east by France Avenue and the Dale Tile/Minnesota Sketchbook property; • and on the south by Lakebreeze Avenue, Azelia Avenue right -of -way and R -4 zoned property. The total land area of the preliminary plat is 41.9584 acres and is to be known as the Joslyn Addition. The proposed Lot 1 is 510,113 sq. ft. (11.7106 acres) and is the site of the recently approved Wickes Furniture Distribution Center which is now under construction. The proposed Lot 2 is 198,213 sq. ft. (4.5503 acres) and is a site for future development which will contain a driveway easement providing access from the Wickes site to Azelia Avenue right -of -way. The proposed Lot 3 will be 619,935 sq. ft. (14.2318 acres) and will be made up of the easterly portion of the Joslyn site along with the Davies water site and the existing Northwest parking lot. The Davies water building will eventually be demolished and it is anticipated that the required accessory parking for the athletic club will be relocated as part of the new site development for Lot 3. The proposed Outlot A is 11.1 acres and is primarily wetland and floodway which will be retained by the Joslyn Manufacturing Company and is located between the Wickes site and Twin Lake. As an outlot, it is unbuildable and will remain this way. Also included in the plat is the dedication of the westerly half of France Avenue and area for the extension of Azelia Avenue. The applicant is requesting the vacation of a 20 ft. drainage and utility easement that exists on the westerly 20 feet of Lot 2, Block 1, Dale and Davies 3rd Addition (the parking lot parcel). This is an easement provided as a perimeter drainage and utility easement in previous platting and contains no utilities. The City Engineer is reviewing this matter and will likely recommend approval of the easement vacation requested. • 8 -12 -99 Page 1 The City Engineer is also reviewing the entire plat and will be recommending a requirement for additional right -of -way along Lakebreeze Avenue to accommodate street and sidewalk and may need some additional right -of -way on Azelia as well. The applicant has been advised that Azelia Avenue right -of -way will have to terminate in a full cul -de -sac. The preliminary plat should be modified to reflect this requirement. There has been discussion that Azelia Avenue might be extended through the site to the railroad tracks as part of MNDOT's upgrading of Highway 100 and the France Avenue interchange. Details of this have not yet been determined and the matter will be negotiated between the applicant and MNDOT. Right -of -way might be acquired and, if so, the cul -de -sac could be abandoned if the roadway continues. In the meantime an acceptable turn around will be developed with the Wickes plan, but right -of -way will exist if a cul -de -sac will be needed in the future. Hammerhead dedications (turn arounds without access) will be needed at the ends of Lakeview Avenue and Twin Lake Avenue. It is possible that the hammerhead can be provided on property owned by Joslyn located at the north end of Lakeview Avenue. They own two 56 wide lots located on either side of Lakeview adjacent to this plat. On Twin Lake, however, the hammerhead will have to be from the proposed Outlot A at the north end of Twin Lake Avenue. A portion of the proposed Lot 3 contains a parking lot for the Northwest Athletic Club. The City Council in February 1986 approved Planning Commission Application No. 86003 which consisted of a special use permit to provide off -site accessory parking for the Racquet and Swim is Club located on the south side of Lakebreeze Avenue. A condition of that approval required a restrictive covenant encumbering 104 parking spaces on the off -site lot for the sole use of the Racquet and Swim Club. Such a declaration was executed and filed with the title to the property. This covenant must continue because the off -site parking (104 spaces) is required for the athletic club in order to accommodate its building size and the activities on the site. The applicant's future plans may alter the location of the parking, however, the requirement for the 104 parking space encumbrance will have to continue. Other easements shown on the preliminary plat include a driveway easement allowing access over the proposed Lot 2 connecting the proposed Lot 1 (Wickes) with the extended Azelia Avenue right -of -way. City ordinances allow this type of arrangement if appropriate easements are provided. Another easement is a drainage easement on the north side of the proposed Lot 1. This is a retention pond that is part of the Watershed approval for the Wickes development. Additional Watershed Commission approval is not required with this plat, but will be required as development plans for the other lots are presented. A public hearing has been scheduled and notices of the Planning Commission's consideration have been published in the Brooklyn Center Sun/Post. RECOMMENDATION • 8 -12 -99 Page 2 • Subject to some modifications to the preliminary plat, this application appears to be in order and approval is recommended subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the city ordinances. 3. The preliminary plat shall be modified prior to consideration by the City Council to indicate the following: a. Additional right -of -way from Lakebreeze Avenue and possibly Azelia Avenue as required by the City Engineer. b A cul -de -sac at the north end of Azelia Avenue. c. Additional roadway dedication to provide for a hammerhead turn around at the north end of Twin Lake and Lakeview Avenues as required by the City Engineer. 4. Approval of the preliminary plat acknowledges the need to continue the Declaration of Covenants and Restrictions authorized by the City Council under Planning Commission Application No. 86003 encumbering 104 parking spaces on the proposed Lot 3 for the sole use of the athletic club on the south side of Lakebreeze Avenue. Any modifications to the covenant are subject to the review and approval of the City Attorney. 5. Approval of the preliminary plat acknowledges the proposed driveway easement providing access from Lot 1 over Lot 2 to the extended Azelia Avenue right -of -way as being appropriate to provide access in lieu of frontage on a public street. U 8 -12 -99 Page 3 gtoOKE� �'� e � NOR PORT Iva DO �v v IIALIFAX AV I r - I ANA ir ON MINNA 1 " z w - ,:I � Wfg In C. ` SIDE M ' Nrk ItAD AN AVE. % ffl A i I , " cl ;: L..a: � � L.l`:r ` / ` i.i`. � y`v+` � - � `•�:►`►a �i.�: :i:T , ` ``vrL:.�L:;1.1 � z w —'- - -- m w w w �4 -� CD _ I Y l_ < I x I r �j �I, m oil / AMOS U 8 m-i-N-5 mein 0 City Council Agenda Item No. 8b • 0 MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist Pa ^^ nn !w Subject: City Council Consideration Item - Planning Commission Application No. 99008 Date: August 18, 1999 On the August 23, 1999 City Council Agenda is Planning Commission Application No. 99008 submitted by Brookdale Corner, LLC requesting Site and Building Plan approval for two of the remaining three buildings in the Brookdale Corner redevelopment site at the southwest corner of Xerxes Avenue and County Road 10. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 99008 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, i the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their August 12, 1999 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions of the Planning Commission. r� • Application Filed on 7 -26 -99 City Council Action Should Be Taken By 9 -24 -99 (60 Days) Planning Commission Information Sheet Application No. 99008 Applicant: Brookdale Corner, LLC Location: Southwest Corner of Xerxes Avenue North and County Road 10 Request: Site and Building Plan Approval The applicant, John Johannson, on behalf of Brookdale Corner, LLC is seeking approval for two of the three remaining buildings at the Brookdale Corner redevelopment site, which is located at the southwest corner of Xerxes Avenue North and County Road 10. The property in question is zoned C -2 (Commerce) and is bounded on the north by County Road 10 and an office building located at the corner of County Road 10 and Brooklyn Boulevard; on the east by Xerxes Avenue; on the south by Baker's Square, 56th Avenue North and the Marquette Bank property; and on the west by Brooklyn Boulevard. The applicant was granted site and building plan approval under Planning Commission Application No. 99002 on March 22, 1999, for the redevelopment of the Westbrook • Mall/Dayton's Home Store site with four new buildings totaling 96,275 sq. ft. The four new buildings included a 68,850 sq. ft. Cub Foods store, a 14,550 sq. ft. retail building labeled "Retail A ", a 10,500 sq. ft. retail building labeled "Retail B" and a 3,325 sq. ft. building labeled "Fast Food ". Two other buildings on the site were to remain, a 12,170 sq. ft. building housing Hirshfield's and a 7,715 sq. ft. office /retail building. Full site and building plan approval was granted for the Cub Foods store, while conceptual approval including the site location and square footage for the other three buildings was granted at that time. The applicant was informed that he would have to seek additional approval for the remaining buildings when details such as building elevations, materials and a user in the case of the fast food building were proposed. The applicant has designed buildings A and B and is seeking approval for them at this time. Further approval for the fast food building will need to be obtained when the particulars for that building are known. The applicant has submitted a site plan showing again the location and configuration of the two buildings along with their building elevations. Building A which is located parallel with and north of the Hirshfield's site will have two tower type structures located at the northeast and northwest corners of the building. The exterior treatment will be primarily a four inch high rock face Concrete Masonry Unit (CMU) with burnished CMU banding located at the top, middle and lower portions of the building walls. An Exterior Insulated Finish System (EIFS) or stucco will be provided over display windows on the north (front) and east sides of the building. • Architectural roofing tiles and back lit aluminum windows will highlight the tower structure. 8 -12 -99 Page 1 • The rock face CMU will be a spanish rose color (brownish) and the burnished CMU banding will be a natural gray color with the lower burnished banding being a gray balsam color. The EIFS will be a light or neutral color. Building B which is located close to the corner of Xerxes and County Road 10 will also have two tower type structures, one at the southwest corner of the building and the other at the northeast corner. The exterior treatment is the same as Building A with display windows on the west, north and south elevations. The burnished banding treatment will be carried around the east elevation as well. A masonry trash enclosure is provided at the south end of Building B. A new masonry trash enclosure is proposed to be attached to the Hirshfield's building. It should be noted that the applicant has indicated that he will be redoing the exterior on the existing buildings to be compatible with the new buildings. He would like to do the same exterior treatment but cost and structural considerations may prevent this. Again, future review of the fast food building is required when the particulars such as tenant and building design are finalized. All in all the plans are in order and approval is recommended subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Plan approval acknowledges all other conditions imposed on the applicant under Planning Commission Application No. 99002. 3. Plan approval is deferred for the building labeled "fast food" until such time as a tenant is proposed and the building design is finalized. • 8 -12 -99 Page 2 MA M INA 9vis I i�i�i i� al � iC1 AMU -l: #100 'NATURAL GRAY' SCORED BURNISHED �• AMU -2: #822 'SPANISH ROSE' ' -CALF -HIGH ROCKFACE 1 SMU -I: #100 'NATURAL SCORED BURNISHED CMU -2: #822 'SPANISH ROSE' HALF-HIGH ROCKFACE EIFS -I: LIGHT --•'� 1 • 6MU -3: #1 'GRAY BALSAM' BURNISHED EIF5 -I: LIGHT EIF5 -I: MEDIUM 7 1 I `- CMU -3: #17 'GRAY BALSAM' BURNISHED `" -1: #100 'NATURAL GRAY' SCORED BURNISHED ENLARGED ELEVATI • BROOKDALE CORNER BROOKLYN CENTER, !MINNESOTA ICKE $ormun -4y Z;rsak 3rick. Architc,' -A. Inc. F Lu �i lol ......... FLOOR PLAN -BUILDING A_ KKE DIEV110FID Or Companies FLOOR PLAN. BUILDINGS BROOKDALE CORNER FLOOR PLAN SITE PLAN ef Al BROOKLYN CENTER, MINNESOTA EAST ELEVATION KKE DEVELOPED BY: Companies NORTH ELEVATION WESUE WIION SOUTH ELE VATION BROOKDALE CORNER EXTERIOR ELEVATIONS BROOKLYN CENTER, MINNESOTA BUILDING A ice c.0 A2 • TENAF NORTH ELEVATION q•. 0 SOUTH ELEVATION • �.w ��nrnm wN ICMCt 0uV'vo ENLARGED ELEVATION EAST ELEVATION .rc DEVEL.OKO B iE _� BROOKDALE CORNER EXTERIOR ELEVATIONS A3 Companies — — P BROOKLYN CENTER, MINNESOTA BUILDING B - - C� City Council Agenda Item No. 8c 0 0 I* MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist Subject: City Council Consideration Item - Brookdale Center PUD Amendment Date: August 18, 1999 On March 8, 1999, the City Council adopted Resolution No. 99 -37 which approved Planning Commission Application No. 99001 submitted by Talisman Brookdale, LLC which was the Planned Unit Development (PUD) proposal for the expansion, redevelopment and rejuvenation of the Brookdale Regional Shopping Center. A PUD approval sets the development limits of a plan and requires that plans be substantially in compliance with the approved development plans prior to the issuance of permits. Changes require an amendment to the PUD by the City Council. Section 35 -355, Subdivision 5i, of the city ordinances refers to major and minor amendments to PUD plans. Major amendments require the same notice and hearing procedures specified for a PUD. Minor amendments may be made by the City Council if approved by the Planning Commission after such notice and hearing as may be determined to be appropriate by the Commission. Brookdale proposes to amend its plan by shifting the freestanding Applebee's restaurant approximately 150 feet to the south so that it will be located on Brookdale Center property rather than on the Mervyn's property. They also propose to shift the building so that the main entrance will be on the south side of that building. No other changes such as size, building materials or other aspects of the PUD are proposed. The Planning Commission reviewed this matter at its meeting on August 12, 1999. They believe the proposed amendment to be a minor amendment per the ordinance and further that no new notice and hearing are necessary to amend the Planned Unit Development for the Brookdale Regional Shopping Center. The PUD agreement required should reflect the location change proposed. Attached is a copy of a memorandum presented to the Planning Commission at their meeting on August 12, 1999, as well as two 8 '/Z by 11 site plans showing the original Applebee's location and the new location proposed. It is recommended that the City Council concur with the Planning Commission's recommendation and determine that the relocation of the Applebee's Restaurant as part of the Brookdale Planned Unit Development is a minor amendment requiring no additional review. 40 Attachments • MEMORANDUM TO: Planning Commission Members FROM: Ronald A. Warren, Planning Commission Secret ,6. LA) DATE: August 9, 1999 SUBJECT: Discussion Items COMMERCIAL ZONING REORGANIZATION The City Council has referred the matter of a possible commercial zoning reorganization to the Planning Commission for review. The possibility of reorganizing the current two commercial zoning districts (C -1 and C -2) into perhaps four commercial districts, such as a central business district, neighborhood business district, highway /industrial business district and Brooklyn Boulevard business district has been discussed in response to concerns the City Council has had • with some commercial uses and their impact on neighboring residential areas. Staff discussions have taken place regarding this matter and a possible reorganization has been put together. The City Manager presented these suggestions to the City Council on July 12, 1999. Attached is a copy of pages 6 and 7 of the City Council minutes from that meeting and a memo and potential listings of these uses. The City Manager and the Community Development Director will be at Thursday's meeting to discuss further this proposal. BROOKDALE CENTER PUD AMENDMENT Plans are taking shape to start the Brookdale Center redevelopment. Approval of the Brookdale redevelopment plans was through the PUD process. As the Commission is aware, a PUD approval sets the development limits of the plan and requires that the plans be in substantial compliance with the approved development plans. Changes require an amendment to the PUD by the City Council. Brookdale proposes to amend its plan by shifting the freestanding Applebee's restaurant approximately 150 ft. to the south so that it will be located on Brookdale Center property rather than on the Mervyn's property. No other changes such as size, building materials or other aspects of the PUD are proposed for amendment. Section 35 -355, Subdivision 5i refers to major and minor amendments to PUD plans. Major amendments require the same notice and hearing procedures specified for a PUD. Minor • Planning Commission August 9, 1999 Page 2 amendments, however, may be made if the City Council determines the amendments to be minor and the Planning Commission approves the amendments after such notice and hearing as may be deemed appropriate by the Planning Commission. Attached for the Commission's review are drawings showing the approved Applebee's location and the new location now being proposed. The staff believes this to be a minor amendment and recommends that the Planning Commission concur. We also do not believe a new hearing is necessary for this change. A Planning Commission recommendation should be made and forwarded to the City Council. The City Council will have to determine if the amendment is indeed minor. The Planned Unit Development Agreement required as part of the approval process would then reflect the change location proposed. RAW:rsc • Attachment • f z LOMON OF APPL61661EIS , i5�ovvtV Ors/ 0 APA20* - P-W-0 Alog swsmirm, / Q� Qti� TR "A" 7" paces . .. .. ..... . TRACT 'E .......... L ei 4:7 r S LIOC41 iON O F A PILEQ6E ,�' '/ Ile \\\ Fba lU4 lL4'PjN6 P&2M ! r &?f Ll CiOn t3 N / 100 " MIDAS y ah�.., '' �' ' TRACT 'A' 75 s aces / ; 1�" ' X, ENTRANCE 2 7HU -- v -- \TRACT '8' 11fm T h s QAQBtIIl90t Store t2 U oxg M. lR � l I rows- - n.f:. }:;?:''1'�i2tii "• '.:��:: ?iii A.•a!il:. - i:�S�i:•i ?:i ]J� �.)•: . .°. _'°uav° o...v`; :Y !�$�:i % % "�,t;<q ti.. Yom° - ..F4: ` "•��'•': `-L]il _ o ii • ��w..�. - �� �ia..ii .... •�.. w �ii .bu. �• � °�- _...y-..iv� � °.- m Y.. Y . b.- b.b.........w '.. °.� •�Niiiu� �: =iV d ui�i iii. �-u mow.. -�i� 1 .. .��Y'�N.•aua.bllY.iY°.- � Y y�aY.A.� ...�.. -_ +Y i..� ~ `�..w.�..i...�••- 11fm T h s QAQBtIIl90t Store t2 U oxg M. lR � l DRAFT • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 12, 1999 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, and Dianne Reem were present. Also present were City Manager Michael McCauley, Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, Community Development Director Brad Hoffman, and Planning Commission Recording Secretary Arlene Bergfalk. Commissioner John Whitehead entered the meeting at 7:40 p.m. Commissioner Sean Rahn was absent. Commissioner Reem departed the meeting at 9:30 p.m. APPROVAL OF MINUTES - JULY 15, 1999 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the July 15, 1999 meeting as submitted. The motion passed unanimously. Commissioner Boeck abstained. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 99007 - TWIN LAKES II, LLC Chair Willson introduced Application No. 99007, a request submitted by Twin Lakes II, LLC (Paul Hyde) for preliminary plat approval to subdivide three existing parcels of land into three new lots and an outlot with different boundaries and configuration to be known as the Joslyn Addition. This . application was filed on 07- 22 -99, requiring Council action by 09 -20 -99 (60 days). Mr. Warren presented the staff report using overhead transparencies to describe the location of the property along with an up -dated plat of the three new lots and the outlot. (Refer to Planning Commission Information Sheet dated 08 -12 -99 for Application No. 99007.) Proposed Lot 1 is the Wickes Furniture Distribution Center currently under construction (11.7106 acres). Proposed Lot 2 is a site for future development and contains a driveway easement to provide access from the Wickes site to Azelia Avenue right -of- -way (4.5503 acres). Proposed Lot 3 includes the easterly • portion of the Joslyn site along with the Davies water site and the existing Northwest Athletic Club 08 -12 -99 DRAFT • parking lot (14.1318 acres). Proposed Outlot A is 11.1 acres, located between the Wickes site and Twin Lake, and is primarily wetland and floodway and will be retained by the Joslyn Manufacturing Company. The outlot is unbuildable and will remain that way. This plat includes dedication of the westerly half of France Avenue and area for the extension of Azelia Avenue. The city engineer is reviewing the applicant's request for vacation of a drainage and utility easement on Lot 2. The city engineer is also recommending a modification to the plat to require additional right -of -way along Lakebreeze Avenue for street and sidewalk and possibly additional right -of -way on Azelia. ' Mr. Warren noted that the updated preliminary plat presented at this meeting includes the cul -de -sac termination of Azelia Avenue. He described other issues related to Azelia Avenue, and the turn- arounds required for Lakeview, Twin Lake and Lakebreeze Avenues, to allow for proper maintenance. Mr. Warren reviewed Planning Commission Application No: 86003, approved by the Council in February 1986, for a special use permit providing off -site accessory parking for the Northwest Athletic Club on a portion of proposed Lot 3. A restrictive covenant encumbers 104 parking spaces for the Club to accommodate its building size and activities on the site. Although the applicant's future plans may alter the location of the parking, the covenant, filed with the title to the property, must continue. • A public hearing on this Application, properly noticed, is scheduled at this meeting. Subject to some modifications as noted, Mr. Warren recommended approval of Application No. 99007, subject to additional conditions 1 -5 outlined in the staff report. Chair Willson called for questions /discussion from the Commissioners. Commissioner Boeck inquired about the easements required for sidewalks, streets, and turnarounds. Mr. Warren noted the City Engineer is on vacation, therefore his review of the application is not yet complete. Commissioner Boeck suggested that right -of -way easement for the possible extension of Azelia Avenue be included with this application. Mr. Warren indicated that the details regarding extension of Azelia Avenue through the site is a matter to be negotiated between the applicant/property owner and the MN department of transportation (MnDOT). Mr. Warren further noted that the City does not favor extension of Azelia for the Hwy. 100 upgrading project because of the likely unfavorable impact of additional traffic on the neighborhood. PUBLIC HEARING - APPLICATION NO. 99007 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to open the public hearing on Application No. 99007, at 7:59 p.m.. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Paul Hyde, Golden Valley, thanked the staff and commission for its assistance in development • of this difficult property. He reported that although MnDot surveyor crews have been on the 08 -12 -99 2 1 . property, there has been no communication with MnDot for several months regarding the Azelia extension. Mr. Hyde supported the City's view of trying to keep additional traffic off Azelia. Mr. Mark Kemper, land surveyor from New Brighton working on this project, introduced himself. Commissioner Boeck inquired about the plans for Lot 2. Mr. Hyde indicated that this lot is ground leased by his company from Joslyn to keep Joslyn primarily responsible for that land and will be the last property to be developed. He noted that remedial equipment for the pollution cleanup is still located on the property. Joslyn will continue ownership of Lot 2 and the Outlot A, under the new platting. Twin Lakes II, LLC intends to purchase Lot 3 from Joslyn, re -plat the lot for further development and will honor the 104 space parking covenant required for the Athletic Club. Parking on that Lot for the Club will remain closest to the Club facility. The Davis water building will be demolished at the time Lot 3 is developed. Commissioner Reem asked about the retention ponds on the property. Mr. Hyde stated the retention pond on Lot 1, just north of the Wickes site, remains, and when further development occurs on the property, additional ponds will be provided for. No other persons from the public appeared before the Commission during the public hearing on Application No. 99007. . CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to close the public hearing on Application 99007 at 8:08 p.m. The motion passed unanimously The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICA NO. 99007 - PRELIMINARY PLAT There was a motion by Commissioner Boeck; seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 99007, submitted by Twin Lakes II, LLC, for preliminary plat approval to subdivide three existing parcels of land into three new lots and an outlot, to be known as the Joslyn Addition, located east of Twin Lake and southwest of the Soo Line Railroad, subject to the following conditions: The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the city ordinances. 3. The preliminary plat shall be modified prior to consideration by the City Council to indicate the following: a. Additional right -of -way from Lakebreeze Avenue and possibly Azelia Avenue as • required by the City Engineer. 08 -12 -99 DRAFT • b. A cul -de -sac at the north end of Azelia Avenue. C. Additional roadway dedication to provide for a hammerhead turn around at the north end of Twin Lake and Lakeview Avenues as required by the City Engineer. 4. Approval of the preliminary plat acknowledges the need to continue the Declaration of Covenants and Restrictions authorized by the City Council under Planning Commission Application No. 86003 encumbering 104 parking spaces on the proposed Lot 3 for the sole use of the athletic club on the south side of Lakebreeze Avenue. Any modifications to the covenant are subject to the review and approval of the City Attorney. 5. Approval of the preliminary plat acknowledges the proposed driveway easement providing access from Lot 1 over Lot 2 to the extended Azelia Avenue right -of -way as being appropriate to provide access in lieu of frontage on a public street. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its August 23, 1999 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require • that the application be returned to the Commission for reconsideration. APPLICATION NO. 99008 - BROOKDALE CORNER. LLC Chair Willson introduced Application No. 99008, submitted by Brookdale Corner, LLC, for site and building plan approval of two of the three remaining buildings at the Brookdale Corner redevelopment site located at the southwest corner of Xerxes Avenue North and County Rd.. 10. This Application was filed on 07- 26 -99, requiring Council action by 09 -24 -99 (60 days). Mr. Warren presented the staff report using overhead transparencies to show the location of the site and the building elevations. (See Planning Commission Information Sheet dated 08 -12 -99 for Application No. 99008 attached.) Mr. Warren noted that prior approval granted under Application No. 99002 for the redevelopment included full site and building plan approval for the Cub Foods store. At this time, as required full approval is now requested by the Applicant for construction of two additional buildings, labeled "Retail A" (14,550 sq. ft.) located parallel with and north of the Hirschfield's site, and Retail B" (10,500 sq. ft.) located close to the corner of Xerxes and County Road 10. Mr. Warren described the exterior treatment and colors of the buildings, each of which will have two tower type structures. The applicant intends to re -do the exterior of the existing buildings (Hirschfield's and the office building) to be compatible with the new buildings to the extent possible. Structural and cost factors may not allow an exactly similar exterior treatment on these buildings. 0 08 -12 -99 4 DRAFT • Mr. Warren explained that review of the proposed fast food building, the fourth new building on the site, will come before the Commission when the applicant has finalized the tenant and building design. Staff review of the application shows the plans in order, therefore Mr. Warren recommended approval subject to conditions 1 - 3 outlined in the staff report. The applicant was unable to attend this meeting, however, a representative of the architectural firm is available to answer questions. Chair Willson called for questions /discussion from the Commissioners. Mr. Warren clarified questions regarding setbacks and other issues previously considered and approved under Application No. 99002. Ms. Kathy Anderson, KKB Architects, Inc. explained that the buildings are designed for tenant flexibility and indicated that she thought both buildings are nearly 100% leased. It was noted that the City is considering leasing space for a liquor store in one of the buildings. The Chair called for additional discussion/questions from the Commissioners. The Commissioners interposed no objections to approval of Application No. 99008. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 99008 - BROOKDALE CORNER, LLC • There was a motion by Commissioner Reem, seconded by Commissioner Whitehead, to recommend to the Council that it approve Application No. 99008, submitted by Brookdale Corner, LLC, for site and building plan approval for Buildings A and B, located at the southwest corner of Xerxes Avenue and County Road 10, to be constructed on the Brookdale Corner redevelopment site, subject to the following conditions: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Plan approval acknowledges all other conditions imposed on the applicant under Planning Commission Application No. 99002. 3. Plan approval is deferred for the building labeled "fast food" until such time as a tenant is proposed and the building design is finalized. Voting for: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its August 23, 1999 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. �J 08 -12 -99 DRAFT Opening of the Cub Food Store is expected in December 1999 and will coincide with the closing of Jerry's SuperValu across County Road 10 from the Cub location. The other buildings are expected to be completed in February 2000. DISCUSSION ITEMS COMMERCIAL ZONING REORGANIZATION Mr. Warren directed the Commissioners attention to his memorandum dated August 9. Several discussion items are outlined in the memorandum including the possibility of reorganizing the City's commercial zoning districts. At its July 12,1999 meeting, the City Council referred this matter to the Planning Commission to outline and identify current uses and recommend reorganization to the four suggested zones and bring its recommendations for ordinance changes to the Council in approximately 5 or 6 months. Staff discussion resulted in a suggestion to develop 4 commercial zones (business districts) to include: 1. Central; 2. Neighborhood; 3. Highway/Industrial; 4. Brooklyn Boulevard. The staff suggestion is outlined in the July 1, 1999 memorandum to City Manager McCauley from Anne Finn, Administrative Specialist, and is attached to Mr. Warren's memorandum to the commissioners. Mr. McCauley explained the concerns of the Council regarding some commercial uses and their impact on neighboring residential areas. He discussed issues related to the current zoning ordinances that often preclude denial of applications. A goal of reorganization is to reduce conditional use permits and include current conditional uses in new ordinances. Mr. McCauley provided a time line and methodology framework for completion of this project. He suggested that after Planning Commission study and review over the next several months, a joint meeting with the Council be scheduled in January 2000 to discuss a recommendation. This would then be followed by staff development of the technical language. Public input on draft ordinances would be an important part of the commercial zoning reorganization efforts. The Commissioners participated in a discussion of the proposal with Messrs. McCauley and Warren, and acknowledged their role in reviewing this issue and preparing a recommendation. BROOKDALE CENTER PUD AMENDMENT Mr. Warren reviewed an amendment to the Brookdale Center PUD previously approved. It is proposed that the freestanding Applebee's restaurant be shifted approximately 150 ft. to the south so that it would be located on Brookdale Center property rather than on the Mervyn's property as shown on drawings provided by Brookdale Center. No other changes to the PUD are proposed for amendment. Mr. Warren reviewed the process for amending a PUD noting that City Council may determine whether an amendment is considered major or minor. Staff believes this small relocation of Applebee's to be a minor amendment to the PUD and therefore recommends that the Planning Commission concur and waive the formal amendment process requiring notice and hearing is procedures. 08 -12 -99 6 In response to Commissioner Reem's question, Mr. Warren stated that an MTC bus hub will not be S located on the Brookdale property, however, bus access to the shopping center will be available. Following brief discussion, there was a motion by Commissioner Boeck, seconded by Commissioner Whitehead to recommend to the Council that it consider as a minor amendment to the Brookdale Center PUD the shifting of the location of the Applebee's restaurant building approximately 150 feet to the south, and approve the amendment, and waive the formal PUD amendment process requiring notice and hearing procedures. Voting for: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its August 23 meeting and exercise its right to declare the amendment either major or minor and take action accordingly. JEHOVAH JIREH CHURCH - GARAGE ADDITION Mr. Warren described the plans for construction of a small accessory building, a 20' x 24' garage on the property of the Jehovah Jireh Church, located at 6120 Xerxes Avenue North. The garage which would have a residential type door will be used to house the church's van and yard maintenance equipment. • Mr. Warren recommended that this project be approved under building permit procedures rather than requiring a formal site and building plan application from the church. Following brief discussion, there was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to waive the formal site and building plan application requirements for construction of a 20' x 24' garage on the Jehovah Jireh Church property, and recommend approval under building permit procedures. Voting for: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. FUTURE MEETING DATES The Commissioners unanimously agreed to cancel the August 26, 1999 meeting due to vacation schedules. Therefore, the next meeting of the Planning Commission will be on Thursday, September 16, 1999. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:32 p.m. • 08 -12 -99 7 • U • Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial, Inc. 08 -12 -99 Chair C7 City Council Agenda Item No. 9a 0 • MEMORANDUM TO: Michael J. McCauley FROM: Brad Hoffinan, Community Development Dir for DATE: August 18, 1999 t SUBJECT: Shingle Creek Tower Financing On June 23, 1998, the Boisclair Corporation received authorization from the City of Brooklyn Center to make application for the issuance of tax exempt housing revenue bonds. The Minnesota Housing Finance Agency (MHFA) approved an allocation of $7.2 million for this acquisition and rehabilitation of the Shingle Creek Towers. The allocation was contingent upon a commitment by the Boisclair Corporation to retain the Shingle Creek Tower's existing Section 236 interest reduction program. The City Council gave final approval to the issuance of the bonds and the retention of the Section 236 program on April 12, 1999. For Boisclair to assume the Section 236 mortgage, Federal regulations require a governmental entity • to: a. Assure HUD's housing quality standards; b. Monitor affordable rent criteria; and c. Public ownership of Shingle Creek Towers $1,330,000 Section 236 mortgage note. The Minnesota Housing Finance Agency has agreed to items a and b. The Boisclair Corporation is asking the City of Brooklyn Center to be the holder of the Section 236 mortgage note or item c. Attached is Mr. Boisclair's letter dated July 14, 1999. In the letter Mr. Boisclair outlines the sources of revenue to acquire the mortgage (the tax exempt bonds) and the revenue source to retire the bonds. A trustee would be appointed to receive monies and make the payments on the mortgage. In essence, the City of Brooklyn Center, much like the tax exempt housing revenue bonds, would act as a pass through agent to facilitate the financing of the project. The City's willingness to be the note holder or owner of the mortgage would assure the sale and remodeling of the property. The City's bond attorney, Mary Dyrseth, has reviewed the documents and Mr. Boisclair's letter and agrees that the City has no financial obligation and/or risk by agreeing to hold the note (see attached letter). Mr. Boisclair is unable to attend the Council meeting Monday but will send a representative to answer any Council questions. Also, Mary Dyrseth will be available and will review with the Council the specifics of the request being made of the City and its implications. is Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PARTICIPATION IN THE PRESERVATION OF INTEREST REDUCTION PAYMENTS UNDER SECTION 236 OF THE NATIONAL HOUSING ACT (SHINGLE CREEK TOWER PROJECT) WHEREAS, pursuant to Minnesota Statutes, Chapter 462C (the "Act "), the City of Brooklyn Center, Minnesota (the "City ") is authorized to develop and administer programs to finance the acquisition and rehabilitation of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City; and WHEREAS, the City has, at the request of Boca Limited Partnership, a Minnesota limited partnership (the "Owner ") approved a program providing for the acquisition and rehabilitation of a 122 unit residential facility known as Shingle Creek Tower located at 6221 Shingle Creek Parkway, Brooklyn Center, Minnesota (the "Facility ") and has issued its $7,200,000 Multifamily Housing Revenue bonds (Shingle Creek Tower Project) Series 1999 (the "Bonds "); and WHEREAS, the proceeds from the sale of Bonds will be used to fund a loan to the Owner to finance a portion of the costs of acquiring and remodeling the Facility, including the purchase of an existing loan (the "Loan") made under Section 236 of the National Housing Act, as • amended, which loan is secured by a mortgage (the "Section 236 Mortgage "); and WHEREAS, in conjunction with the Loan, the United Stated Department of Housing and Urban Development ( "HUD ") makes "Interest Reduction Payments" to the maker of the Loan on behalf of the Owner so that the Loan bears interest at the rate of 1 % per annum with principal payments based on a forty (40) year amortization schedule; and WHEREAS, in order to maintain the Interest Reduction Payments, the HUD regulations require that the Loan and Section 236 Mortgage be held by a state or local governmental entity; and WHEREAS, the City will acquire the Loan and Section 236 Mortgage using funds provided to the Owner from proceeds of the Bonds or from equity investment in an allocation of Low - Income Housing Tax Credits under Section 42 of the Internal Revenue Code; and WHEREAS, upon acquisition of the Loan, the City will act as the "Holder" of the promissory note evidencing the Loan, and as the "Mortgagee" under the Section 236 Mortgage securing the Loan, and in accordance with Section 236 of the HUD regulations, the City will enter into a Section 236 Interest Reduction Payment Contract" whereby HUD will make the Interest Reduction Payments to the City in its capacity as the Mortgagee; and WHEREAS, in accordance with the requirements of Section 236, the Minnesota • Housing Finance Agency ( "MHFA ") has agreed to be responsible for monitoring the compliance of the Owner with Section 236 as set forth in a "Regulatory Agreement" to be entered into by and between MHFA and the Owner; and RESOLUTION NO. • WHEREAS, the Interest Reduction Payments will decrease the cost of the debt service necessary to support the Loan, which in turn will (i) allow the Owner to charge lower rents to the residents of the Facility, and (ii) increase the amount of funding available for the rehabilitation of the Facility and thereby improve the quality of the affordable housing units being provided to qualified low - income families in accordance with the terms of the Regulatory Agreement; and WHEREAS, the City will not incur additional financial risk in the acquisition of the Loan because the Owner will be providing the necessary funds to acquire the Loan, and the Owner will agree to indemnify and hold the City harmless from and against any claims or financial losses that the City may incur in its capacity as the Mortgagee; and WHEREAS, forms of the following documents have been presented to the City Council and are on file with the City Clerk: (a) Participation Agreement between the City and Norwest Bank Minnesota, National Association (the "Trustee "), (b) Agreement for Interest Reduction Payments dated October 1, 1999, between the Owner, the City and the Department of Housing and Urban Development acting through the Federal Housing Commission (the IRP Agreement ") and (c) a Regulatory Agreement dated between the MHFA, the City and Owner (the "Regulatory Agreement "). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City does hereby consent to the use of a portion of the proceeds from the sale of the Bonds issued by the City for the acquisition of the Loan and Section 236 . Mortgage encumbering the Facility. BE IT FURTHER RESOLVED that the City shall act as the "Mortgagee" under the Section 236 Mortgage, and that the Participation Agreement, IRP Agreement and Regulatory Agreement are hereby approved in substantially the forms submitted, and contingent upon execution by MHFA of the Regulatory Agreement, the Mayor and City Manager are authorized to execute the IRP Agreement, participation Agreement and Regulatory Agreement in substantially the forms submitted. Date ATTEST: City Clerk Mayor 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. • 2200 FIRST NATIONAL BANK BUILDING 332 MINNESOTA STRL•C7 SAINT PAUL. MINNESOTA 55101 BRIGGS AND M O R GA N TELEPH FACSIM ILE (6 1 223 -6600 ILE (651)223 -69.50 W OFESSIONAL ASSOCIATION WRITER'S DIRECT DIAL August 19, 1999 VIA FACSIMILE Mr. Michael McCauley Mr. Brad Hoffman City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 (651) 223 -6625 WRITERS E -MAIL dyrmar @briggs.com Re: City of Brooklyn Center, Minnesota - Shingle Creek Towers project • Gentlemen; : I understand that the City of Brooklyn Center has been asked to purchase an outstanding note (the "Note ") currently insured by the Department of Housing and Urban Development ("HUD") under Section 236 of the National Housing Act. The Note provided financing for the current owner of the above referenced project (the "Project"). In connection with this request, you have asked me to review Robert Boisclair's letter dated July 14, 1999, and to advise the City whether it should agree to acquire and hold the Dote and related mortgage. I do not see a problem with the City agreeing to purchase the Note and act as "mortgagee of record ". I have reviewed Mr. Boisclair's letter dated July 14, 1999, and generally agree with the statements in his letter. The remainder of this letter sets forth my understanding of the transaction. The City will use a portion of the proceeds of the City's Rental Housing Revenue Bonds (the "Bonds ") to acquire the Note and mortgage from the current holder. The Bonds will be issued by the City and will also finance the acquisition and rehabilitation of the Project. As you know, the City has no liability to repay is the Bonds. The Bonds are payable solely from revenues the City receives from 1072235.1 MINNEAPOLIS OFFICE • IDS CENTER • WW BRIOOS.COM MEMBER - LEX MUNDI, A OLOBAL ASSOCIATION OP INDEPENDENT LAW FIRMS b/7 A 7Q I M I QCP *nmlPt : I I - . tvw 11 66 61 Rn (ni 1 MVAVAw V PA t N WN a BRIGGS AND MORGAN i Mr. Brad Hof&nan Mr. Michael McCauley August 19, 1999 Page 2 the developer pursuant to a loan agreement, which loan repayments the City assigns to the trustee for the benefit of the holders of the Bonds. HUD is currently making interest reduction payments ( "IRPs ") to "write down" the interest rate on the Note. We have been advised by representatives of the Developer and HUD that the Note must be held by a public entity if HUD is to continue making the IRPs. HUD also requires that the Project be monitored with respect to affordability, occupancy and physical condition. I understand that, as set forth in Robert Odman's letter dated April 21, 1999, the Minnesota Housing Finance Agency has agreed to monitor compliance with the HUD requirements, but has declined to purchase the Note and hold the mortgage. • I also understand that the City will enter into a participation agreement with the trustee for the Bonds pursuant to which the City will assign to the Trustee a 100% participation interest in the Note, Mortgage and the IRPs. The City and Trustee will agree that the City will not have any right or obligation to enforce the Note and Mortgage, except as instructed by the Trustee. As you know, I also serve as bond counsel for the Housing and Redevelopment Authority of the City of Saint Paul for the Hampden Square project. Based on my last conversation with Tom Sanchez, the project manager for the Hampden Square project, I understand that the Housing and Redevelopment Authority has agreed to act as holder of the Dote and Mortgage for the Hampden Square project. 0 1012235.1 b/C , 7Qi7C) IQCC mi /fib: i i 'iC /Fb: i i RF A Qn (nun niWI)IVW 22 ON)TI Si W0344, BRIGGS Axn MORGAN . Mr. Brad Hoffman Mr. Michael McCauley August 19, 1999 Page 3 I will advise you if anything comes to my attention that would lead me to change the conclusions set forth in this letter. Very trolly Mary • cc: Mr. Tom Sanchez Mr. Robert Odman Mr. Robert Boisclair U 1072235.1 L� I!. T �(�I ^(1I I(�( 'N II In L. • I I 'TN IC I I CC CI 'I1A IIITTT� 111T11TTAtAT M n N19TTTR 11TAfi.T 4 July 14, 1999 Brad Hoffman Director of Community Development City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Shingle Creek Tower Section IRP Affordable Housing Rehabilitation & Preservation Dear Brad: As you will recall new state law with respect to securing priority for tax exempt bond allocation required us to commit to retaining Shingle Creek Tower's existing Section 236 interest reduction program. Subsequent to successfully securing $7.2 Million tax exempt bond allocation last January and it's is escrow issuance on May 2, 1999 we have been endeavoring to secure either the City of Brooklyn Center, Metropolitan Counsel Housing Authority or Minnesota Housing Finance Agency (MHFA) agreement(s) to undertake HUD's role to regulate Shingle Creek Tower's following statutory requirements: a) HUD's housing quality standards; b) affordable rent criteria; c) HUD acceptable public ownership of Shingle Creek Tower's remaining $1,330,000 Section 236 mortgage note. We are pleased to note MHFA has agreed to accept the responsibility for items a) and b), however, rejected c) due to the fact the Agency has no financial role in this transaction whereas the City of Brooklyn Center possesses a financial interest (albeit at no risk) as the issuer of the $7.2 Million tax exempt bonds. Therefore, we are compelled to re- request the City of Brooklyn Center affirmative consideration for owning the Section 236 note recognizing the City will absolutely NOT incur any direct or indirect financial risk because: a) Funds to purchase the note are derived from the FNMA credit enhanced project bond proceeds. The City is not obligated to pay back the extra debt created by the IRP subsidy stream nor any other project bonds. Only the project revenues (including the IRP Subsidies) are the sole bond • re- payment sources. 3005 OTTAWA AVE. • ST. LOUIS PARK, MN 55416 -2206 • PHONE: (612) 922 -3881 • FAX: (612) 922 -3071 DEVELOPING QUALITY INVESTMENTS IN REAL ESTATE 0 2 b) The City owned $1,330,000 Section 236 note shall remain outstanding thru the 40th year from the final endorsement of the original FHA 236 mortgage (year 2014). At the end of this period the City will convey a form of forgiveness of the Section 236 mortgage to the Owner(s) of Shingle Creek. This conveyance will not trigger any tax consequences to the City or the Owner(s) which can be demonstrated to the City's satisfaction. The year 2014 forgiveness is required because the current Section 236 mortgage note holder shall be satisfied upon the City's acquisition (utilizing buyer's private funds) of the Section 236 note when this transaction closes by November 1999. c) There is no debt service obligation on the City owned Section 236 mortgage. It's IRP subsidy stream is decoupled from the original note and used to debt service approximately $950,000 of FNMA's additional credit enhanced tax exempt bonds already secured within the $7.2 Million bonds. d) As mortgagee, the City of Brooklyn Center has mortgage default privileges; however, the City will need to acquiesce not to exercise said privileges due to FNMA's need to continue the IRP's subsidies during any default of FNMA's much larger $7.2 Million mortgage. e) The mere fact the City cannot act on its default privileges protects it from any latent risk exposure knowing it will never receive fee title in a default mode. Thusly, the City avoids all risks relating to becoming an unwilling fee title owner with respect to adverse title claims, environmental issues, etc. Finally, perhaps as you may recall, we are undertaking a similar transaction in the City of St. Paul. Recently, the City of St. Paul's Planning and Economic Development staff has concluded the requested note held by the City of St. Paul is risk free based on the foregoing conclusions and have therefore agreed to support our request before St. Paul's HRA's meeting next month. Please feel free to consult with Mr. Tom Sanchez, Project Manager, Department of Planning and Economic Development, 651- 266 -6617. Please also advise us as to when this matter may be considered before Brooklyn Center's City Council. Before this transaction can be consummated an agreement between the City with respect to the note holding issue, MHFA's Regulatory Agreement and HUD must be in place before our formal FNMA financing can proceed. Our Seller has extended the purchase agreement the last time to November 30, 1999. To avoid the risk of not meeting our closing deadline necessarily requires proactive and expedient consideration from all parties of interest. Our primary goal of affordable senior housing preservation and its substantial rehabilitation is now • within our near future grasp, we cannot afford to lose this opportunity! The Seller strongly advises us if this transaction fails Shingle Creek Tower will be market rate converted by the existing owners' partnership. • s Meanwhile, if you have any questions or need additional information please do not hesitate to call. Sincerely, BOISCLAIR CORPORATION Robert J. Boisclair President Encl. MHFA 4/21/99 Letter cc: Howard Goldman, HUD Robert L. Odman, MHFA Mary Ahern, Metropolitan Council Tom Sanchez, St. Paul PED Lori Boisclair Robin Salomon, Skyline LLC Steve Wallace, esq. Nixon Peabody • Mary Dyrseth, esq. • MINNESOTA HOUSING FINANCE I- 3 AGENCY April 21, 1999 Robert J. Boisclair, President Boisclair Corporation 3005 Ottawa Ave Saint Louis Park, MN 55416 -2206 RE: Shingle Creek Tower, Brooklyn Center Hampton Square, St. Paul Your letter dated ,April 7, 1999 Dear Mr. Boisclair, This letter is in response to your letter of April 7, 1999, requesting that the Minnesota Housing Finance Agency (MHFA) become the Section 236 note holder and regulator for Shingle Creek Tower and Hampton Square in order to facilitate the continuing affordability • of these developments through the retention of the interest reduction payments contracts. MHFA is disposed -to assist in this transaction. MHFA has considerable experience with administering Section 236 projects, and believes that we can perform that function for these projects subject to the following: 1. Clarification that the MHFA will not be required to provide any funding nor incur any liability for acting in the capacity of contract administrator; and, 2. Clarification of the specific monitoring responsibilities as outlined in the regulatory agreement which will be acceptable to you, the U. S. Department of Housing and Urban Development (HUD), and MHFA; and, 3. Our ability to reach a mutualiy acceptable compensation for providing these services; and 4. Subject to your entering into an agreement to make up to 17 two and three bedroom units at Hampton Square available for project based Hollman units for a minimum term of 20 years, provided funding is available through HUD for this purpose. MHFA would be willing to assist you in discussions with HUD to work out the arrangements necessary for MHFA to be contract administrator without holding the project note. Upon receipt of the above requested items and written agreement from you of your willingness to accept project based Hollman units for Hampton Square, we will proceed to negotiate mutually acceptable terms for the MHFA agreeing to act as Section 236 • administrator. 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (651) 296 -7608 Telecommunications Device for the Deaf (TDD) (651) 297 -2361 Equal Opportunity Housing and Equal Opportunity Employment • April 21, 1999 Robert J. Boisclair Page 2. Please call me at (651) 296 -9821 if you have any questions regarding this letter. cc: Representative Phil Carruthers Howard Goldman, HUD Michael McCauley, Brooklyn Center Mary Ahern, Metropolitan Council • Dorothy Jacobs, MPHA Tom Sanchez, St. Paul PIED Barb Sporlein, St. Paul PHA is • City Council Agenda Item No. 9b • L -I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SUPPORTING A FEE INCREASE FOR DEPUTY REGISTRARS WHEREAS, the State of Minnesota established a public /private deputy registrar system to provide citizens convenient locations to conduct title registration services for motor vehicles and DNR recreational vehicles; and WHEREAS, the State of Minnesota in 1949 established a user service fee on motor vehicle transactions to be retained by the deputy registrar to defray the cost of providing the local service; and WHEREAS, since 1983, the user service fee for motor vehicle transactions has had only one increase of $0.25 in 1989. Since 1989, the consumer price index has increased by more than 30% and the minimum wage has increased 41 %; and WHEREAS, the deputy registrar administrative fee is a user fee that should fully support the cost of providing motor vehicle transactions; and WHEREAS, the user service fee no longer covers the operational costs to maintain most deputy registrar offices. Public deputy registrars must use property tax levy to subsidize this service. Rural areas with lower volumes are in jeopardy of losing service. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it supports and recommends a user service fee increase in the year 2000 to maintain local title and registration service to the citizens of Minnesota; and further recommends that the legislature provides for future user service fee increases based on an acceptable economic indicator. Date ATTEST: City Clerk Mayor 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. Minnesota M.D. R.A. Minnesota Deputy Registrar's Association DATE: August 2, 1999 TO: City Administrator FROM: E. L. Woulfe, Bloomington Deputy 101 MDRA Board Member RE: Fee Increase for Deputy Registrars The primary legislative objective of the Minnesota Deputy Registrars Association (MDRA) for the 2000 session will be to achieve approval of a fee increase for deputy registrars. The MDRA is keenly aware that without a fee increase, many deputy registrars could close their offices and many public deputy registrar offices will continue to be subsidized by the property tax system. As a city with a deputy registrar, you must also be aware that the current fee of $3.50 is too low to support most deputy offices. In order to educate the legislature about the need for this increase, it will be helpful if we obtain the support of as many entities as possible. For that reason, the MDRA would greatly appreciate adoption of the enclosed resolution by your city council at your next meeting. If your board does adopt this resolution, please send a signed copy to me in the enclosed envelope. If you have any questions about this resolution, or the fee increase issue, please feel free to call me at (612) 948 -3925 or MDRA's legislative consultant, Bob Renner, at (651) 228 -9757. Thank you for your assistance. cc: Deputy Registrar • • City Council Agenda Item No. 9c r� u 40 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax http://www.kennedy-graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere@kennedy- graven.com August 10, 1999 Mr. Mike McCauley Oty Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: Tattoo Parlor Ordinance Dear Mike: Attached is a copy of the staff report and ordinance recently adopted by Rosemount relating to • tattoo and body piercing establishments. If I recall correctly, this ordinance was based on one which had been adopted by either Richfield or Bloomington. I am also forwarding a copy of this ordinance to Joel to that he may review it from the police department perspective. Please let me know if you would like to have me take any further action on this. Very truly yours, Charles L. LeFevere CLL:lh Enclosure cc is Chief of Police Joel Downer (with enclosure) CLL- 167175 BR291 -4 v 7r v6 n L__A H A R T E R E D 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax http://www.kennedy-graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere@kennedy- graven.com August 10, 1999 Mr. Mike McCauley Oty Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: Tattoo Parlor Ordinance Dear Mike: Attached is a copy of the staff report and ordinance recently adopted by Rosemount relating to • tattoo and body piercing establishments. If I recall correctly, this ordinance was based on one which had been adopted by either Richfield or Bloomington. I am also forwarding a copy of this ordinance to Joel to that he may review it from the police department perspective. Please let me know if you would like to have me take any further action on this. Very truly yours, Charles L. LeFevere CLL:lh Enclosure cc is Chief of Police Joel Downer (with enclosure) CLL- 167175 BR291 -4 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION O UY COUNCIL MEETING DATE: July 20, 1999 AGENDA ITEM: ORDINANCE REGULATIONS FOR TATTOO AND BODY PIERCING ES AGENDA SECTION: NEW BUSINESS PREPARED BY: Gary D. Kalstabakken, Chief of Pol AGENT 9 A ATTACHMENTS: Proposed Ordinance and Recommended APPROVED BY: Business License Fee ►1 Due to the potential health problems associated with tattoo and body piercing establishments, the Council directed that an ordinance regulating the operation of those establishments be drafted. The attached ordinance is modeled after ordinances adopted by other municipalities. An ordinance is necessary to regulate the businesses of tattooing and body piercing because, currently, there are no state licensing requirements for tattoo and body piercing businesses or practitioners. The proposed ordinance focuses on health and safety requirements. Because the skin is penetrated during tattooing and v ercing, there are concerns about the spreading of communicable blood, skin infections or other communicable sease. There currently is one tattooing establishment operating in a business office. The owner /operator has been contacted about the proposed ordinance and provided a copy of the ordinance. He did provide comments about the ordinance and expressed his support of the regulation of tattoo and body piercing establishments. Fees for the licenses associated with the ordinance will be included in a fee resolution when the ordinance is . adopted. A fee of $250 for a business license and $25 for a personal service license is suggested. RECOMMENDED ACTION: This is the first reading of the proposed ordinance. It is presented for discussion on July 20, 1999 with the intention of bringing it back for adoption by the Council on August 3, 1999. COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA • ORDINANCE NO XVI AN ORDINANCE AMENDING TITLE 3, THE BUSINESS REGULATIONS OF THE-ROSEMOUNT CITY CODE BY ESTABLISHING LICENSE REGULATIONS FOR TATTOO AND BODY PIERCING ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section I. Rosemount City Code, Title 3, is amended by adding new Chapter 9, Sections 3 -9 -1 through 3 -9 -13 as follows: 3 -9 -1 Findings and Purpose The purpose of this section is to regulate the business of tattooing and/or body piercing in order to protect the general health, safety, and welfare of the community. A. The City Council finds that the experience of other cities indicates that there is a • connection between tattooing/body piercing and hepatitis and other health problems. B. The City Council finds that stringent regulations governing tattooing and body piercing can minimize the hepatitis and disease risk, and therefore protect the general health, safety, and welfare of the community. C. It is not the intent to prohibit tattoo and/or body piercing establishments from having a reasonable opportunity to locate in the city. 3 -9 -2 Definitions The following words and terms when used in this Chapter, shall have the following meanings unless the context clearly indicates otherwise: A. Body Piercing. Penetrating or making a hole in or through the human body to place jewelry or objects of metal, plastic, wood, bone, or other foreign material on any area for cosmetic purposes. B. Branding. The use of heat, cold, or any chemical compound to imprint permanent markings on human skin by any means other than tattooing. • C. Clean: The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly•or extraneous matter. • D. Operator: Any person who performs or practices the art of tattooing and/or body piercing on another person in connection with the operation of a tattoo and/or body piercing establishment and receives compensation from the owner of the business or its patrons. E. Good Repair: Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a sanitary, workable and sound condition. F. Issuing Authority. The City Administrator or his/her designee. G. Owner: Any individual, firm, company, corporation or association that owns an establishment where tattooing and/or body piercing is performed. H. Scarification: The cutting or tearing of human skin for the purpose of creating a permanent mark or design on the skin. I. Tattoo, Tattooing: The marking of the skin of a person by insertion of permanent colors by introducing them through puncture of the skin. • 3 -9 -3 Business License Required No person, partnership, or corporation shall operate any establishment where tattooing and/or body piercing is practiced, nor engage in the practice of tattooing and/or body piercing without being licensed under this Chapter. Jewelry stores and accessory stores that exclusively provide ear piercing services using piercing guns shall be exempt from this license agreement. The application for a tattooing and/or body piercing establishment business license shall be submitted on a form-provided by the City and shall include: A. If the applicant is an individual, the name, residence, phone number, and birth date of the applicant. If the applicant is a partnership, the name, residence, phone number and birth date of each general and limited partner. If the applicant is a corporation, the names, residences, phone numbers, and birth dates of all those persons holding more than five (5) percent of the issued and outstanding stock of the corporation. B. The name, address, phone number, and birth date of the manager of such establishment, if different from the owners. C. The address and legal description of the premises where the tattoo and/or body piercing establishment is to be located. ^a 40 ., 1. D. A statement detailing any conviction relating to tattooing and/or body piercing or the operation of a tattoo and/or body piercing establishment by the applicant or manager and whether or not the applicant or manager has ever applied for or held a license to operate a similar type of business in other communities. In the case of a corporation, a statement detailing any felony convictions by the owners of more than five (5) percent of the issued and outstanding stock of the corporation, and whether or not those owners have ever applied for or held a license to operate a similar type of business in other communities. E. The activities and types of businesses to be conducted. F. The hours of operation. G. The provisions made to restrict access by minors. H. A building plan of the premises detailing all internal operations and activities. I. Whether the applicant has previously been denied a license of this type by any other government unit. J. The names, street addresses, and business addresses of three (3) residents of Dakota, Hennepin, Ramsey, Anoka, Washington, Scott or Carver Counties who are of good moral character and who are not related to the applicant and not holding any ownership in the premises or business, who may be referred to as to the applicant's character. K. Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. , L. All applications for a license under this Chapter shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof; if that of a partnership, by one of.the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Any falsification on a license application shall result in the denial of a license. All applications shall be referred to the Issuing Authority for verification and investigation of facts set forth in the application, including any necessary criminal background checks to assure compliance with this Chapter. The application shall be issued or denied by the Issuing Authority in accordance with this Chapter. 0 3 -9-4 Personal Service License • No operator shall perform tattoo and/or body piercing services within the City without being licensed as provided in this section. Any person desiring a personal service license shall file a written application on a form provided by the city. - The application shall include the following information: A. The business address and all telephone numbers where the service is to be practiced or based. B. The name, birth date, complete home address, and telephone number of the applicant. C. The tattoo and/or body piercing business history and experience, including but not limited to whether or not the applicant, in previously operating in this or another city or state under license or permit, has had such license or permit denied, revoked or suspended and the reason therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation. D. All criminal convictions other than misdemeanor traffic violations, fully disclosing the jurisdiction in which convicted or arrested and the circumstances thereof. E. All applications for a license under this Chapter shall be signed and sworn to by the applicant. Any falsification on a license application shall result in the denial of a license. All applications shall be referred to the Issuing Authority for verification and investigation of facts set forth in the application, including any necessary criminal background checks to assure compliance with this chapter. The application shall be issued or denied by the Issuing Authority in accordance with this Chapter. 3 -9 -5 License Fee A. The annual license fee is set forth by City Council resolution. B. Each application for a license shall be submitted to the City Clerk and payment made to the City. Each application for a license shall be accompanied by payment in full of the required license fee. Upon rejection of any application for a license, the applicant maybe refunded a portion of the license fee in accordance with the fee resolution, except where rejection is for a willful misstatement the license application. C. All licenses shall expire on the last day of December in each year. Each license shall be issued for a period of one (1) year, except that if a portion of the license year has elapsed when application is made, a license may be issued for the remainder of the year for a pro -rated fee. In computing such fee, any unexpired fraction of a month shall be counted as one (1) month. J D. Once a license has been granted, no part of the fee paid by any licensee shall be refunded, except that a pro -rated portion of the fee shall be refunded in the event of the complete closure of the business and cessation of business activities for any of the following reasons and upon application to the City Clerk within thirty (30) days from the happening of the event, provided that such event occurs more than thirty (30) days before the expiration of the license: 1. Destruction or damage of the licensed premises by fire or other catastrophe. 2. The licensee's illness. 3. The licensee's death. 4. A change in the legal status making it unlawful for licensed business to continue. E. Each application shall contain a provision on the application indicating that any withholding of information or the providing of false or misleading information will be grounds for denial or revocation of a license. Any changes in the information provided on the application or provided during the investigation shall be brought to the attention of the City Clerk by the applicant or licensee. If said changes take place during the investigation, said data shall be provided to the Police Chief or the City Clerk in writing. • 3 -9 -6 Investigation Fee A. At the time of the original application for a license, the applicant shall deposit one thousand five hundred dollars ($1,500.00) with the City for the investigation fee. The investigation fee for investigations conducted entirely within the State shall be Three Hundred Fifty Dollars ($350.00). For investigations conducted outside the State, the City shall be paid the investigation costs in excess of Three Hundred Fifty Dollars ($350.00), but not to exceed Ten Thousand Dollars ($10,000.00). Any fees due in excess of the One Thousand Five Hundred Dollars ($1,500.00) deposit must be paid before the City Council considers the application. Any unexpended portion of the deposit in excess of Three Hundred Fifty Dollars ($350.00) shall be returned to the applicant. 3 -9 -7 Granting of License A. The Issuing Authority shall complete his/her investigation within thirty (30) days after the City Clerk receives a complete application and all license and investigation fees. B. If, after such investigation, it appears that the applicant and the place proposed for the business are eligible for a license under the criteria set forth in this section, • then the license shall be issued by the City Council within thirty (30) days after the investigation is completed. Otherwise, the license shall be denied. C. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another premise without the approval of the City Council. If the licensee is a partnership or a corporation, a change in the identity of any of the principals of the partnership or corporation shall be deemed a transfer of the license. Any tattoo and/or body piercing establishment existing at the adoption of this Chapter shall be required to obtain an annual license. D. If the license is denied, the applicant may request a hearing before the City Council by filing a written request therefor with the City Clerk within fifteen (15) days after the applicant has received written notice of denial. If the license application is denied by the City Council after a hearing, the applicant may appeal the decision to the appropriate court of competent jurisdiction. If a tattoo and/or body piercing establishment is lawfully in existence at the time of the adoption of this Chapter, the tattoo and/or body piercing establishment may continue in business until the court action is completed. Otherwise, the applicant may not commence doing business until the judicial action has been finally resolved. 3 -9 -8 Persons Ineligible for License No license under this Chapter shall be issued to an applicant who is a natural person; general or managing partner of a partnership; or, manager, proprietor, or agent of a • corporation or other organization if such applicant: A. Is a minor at the time the application is filed. B. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, Subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minnesota Statutes, Section 364.03, Subd. 3. C. Who is overdue or whose spouse is overdue in his or her payment of City, county, or state taxes, fees, fines or penalties assessed against them or imposed upon them. D. Who has been denied a license by the City or any other Minnesota municipal corporation to operate a tattoo and/or body piercing establishment or whose license has been suspended or revoked within the preceding twelve (12) months, or who is residing with any such person. E. Who has not paid the license and investigation fees required by this section. F. Is not of good moral character or repute. is 3 -9 -9 Places Ineligible for License . A. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes, Section 278.0- 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. B. No license shall be granted or renewed if the property is not properly zoned or does not qualify as a legal non - conforming use for tattooing and/or body piercing establishments under Ordinance B - City of Rosemount Zoning Ordinance. C. Premises Licensed for Alcoholic Beverages. No license shall be granted or renewed if the premises is licensed for the furnishing of alcoholic beverages pursuant to Title 3, Chapter 1 of this Code or is licensed as a sexually oriented business pursuant to Title 3, Chapter 8 of this Code. 3 -9 -10 Conditions of License Every license shall be granted subject to the following conditions and all other provisions of this Chapter, and of any applicable sections of the City Code, the City's zoning ordinances, the Building Code, the Fire Code, the City's health regulations, and all • provisions of state and federal law. A. No person shall tattoo or pierce any person under the age of eighteen (18) except in the presence of, and with the written permission of, the parent or legal guardian of such minor. The consent must include both the custodial and non - custodial parents, where applicable. B. The license granted under this Chapter is for the owner and the premises or operator named on the approved license application. No transfer of a license shall be permitted from place -to -place or from person -to- person without first complying with the requirements of an original application, except in the case in which an existing non - corporate licensee is incorporated and incorporation does not affect the ownership, control, and interest of the existing licensed establishment. C. All licensed premises shall have the license posted in a conspicuous place at all times. D. A licensee under this Chapter shall not be open for business for tattooing and/or body piercing before 7:00 AM nor after 10:00 PM. • E. The tattoo and/or body piercing establishment license is only effective for the compact and contiguous space specified in the approved license application. If • the licensed premise is enlarged, altered, or extended, the licensee shall inform the Issuing Authority. No person shall engage in the practice of tattooing and/or body piercing at any place other than the place or location named or described in the application and license. A separate room shall be required for body piercing and tattooing services. The applicant shall submit a drawing to scale of the tattoo and/or body piercing facilities. F. No person shall solicit business or offer to perform tattooing and/or body piercing services while under license suspension or revocation by the City. G. The licensee shall be responsible for the conduct of the business being operated and shall at all times maintain conditions of order. H. The licensee shall provide to the Issuing Authority a list of operators who perform tattooing and/or body piercing at the licensed establishment and shall verify that each operator has received a copy of Health and Safety Requirements and Sanctions for License Violations as appear in this Chapter. I. All licensees shall have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota indicating that the licensee is currently covered in the tattoo and/or body piercing business by a liability insurance policy. The minimum limits of coverage for such • insurance shall be: 1. Each claim, at least two hundred thousand dollars ($200,000.00). 2. Each group of claims, at least five hundred thousand dollars ($500,000.00). Such insurance shall be kept in force during the term of the license and shall provide for notification to the City prior to terminating or cancellation. A certificate of insurance shall be filed with the City. J. Inspections 1. City Initiated. The Issuing Authority or designated health professionals shall, at minimum, conduct one (1) randomly scheduled inspection of each licensed facility each year to determine compliance with City requirements. 2. Compliance Certification. A health professional who is retained by the licensed operator and acceptable to the Issuing Authority shall inspect the licensed premises in the month of November of each calendar year. Said inspection is to determine compliance with City requirements and a • written report documenting findings shall be submitted to the Issuing Authority within fifteen (15) days from the date on which the inspection took place. K. Branding and Scarification are prohibited in the City of Rosemount. 3 -9 -11 Health and Sanitation Requirements • No person shall engage in the practice of tattooing and/or body piercing at any place in the City without complying with the following regulations: A. Every place where tattooing and/or body piercing is practiced shall be equipped with an adequate and conveniently located toilet room and hand lavatory for the accommodation of employees and patrons. The hand lavatory shall be supplied with hot cold running water under pressure; shall be maintained in good repair at all times; and shall be kept in a clean and sanitary condition. Toilet fixtures and seats shall be of a sanitary open front design and readily cleanable. Easily cleanable, covered receptacles shall be provided for waste materials. Every lavatory facility shall be provided with an adequate supply of hand cleansing compound and single service sanitary towels or hand drying devices. B. No person having any communicable blood or skin infection or other communicable diseases of the blood or skin shall practice tattooing and/or body piercing or shall be tattooed or body pierced. C. All disposable needles, razor blades, sharps, or other equipment utilized for penetrating the skin shall be individually pre - packaged and pre - sterilized and stored in a self - sealing sterilizing pouch. No such equipment shall be used for more than one customer. Tools and supplies must be stored in a dust -free container. All bio- hazardous waste shall be disposed of in accordance with law, • and disposal procedures shall be approved by the Issuing Authority. Sterilizing solutions and methods may be used for the purpose of sterilizing instruments other than needles, razor blades, sharps or other equipment utilized for penetrating the skin when such sterilizing solutions and methods are approved by the Issuing Authority. D. The following procedures shall be used for skin preparation: 1. Each operator shall wash his or her hands thoroughly with soap and water and then dry them with a clean towel before and after each tattoo or body piercing. Operators with skin infections of the hand shall not perform any tattooing or body piercing services. 2. Whenever it is necessary to shave the skin, pre- packaged, pre - sterilized, disposable razor blades shall be used. 3. The skin area to be tattooed or pierced shall be thoroughly cleaned with germicidal soap, rinsed thoroughly with water, and sterilized with an antiseptic solution approved by the Issuing Authority. Only single service towels and wipes shall be used in the skin cleaning process. 4. All bandages and surgical dressings used in connection with the tattooing • and/or body piercing of any person shall be individually pre - packaged, pre - sterilized and disposable. E. All tables, chairs, furniture, or area on which a patron receives a tattoo or body • pierce shall be covered by single service disposable paper or clean linens, or in the alternative, the table, chair or furniture on which the patron receives a tattoo and/or body pierce shall be impervious to moisture and.shall be properly sanitized after each tattoo or body pierce. Tables and counter tops shall be industrial grade formica or similar material. Drop cloths made of two -ply paper and plastic shall be available for use as needed. F. Every operator shall provide single service towels or wipes for each customer or person and such towels or wipes shall be stored and disposed of in a manner acceptable to the Issuing Authority. G. Every operator shall wear clean, washable garments and protective latex. disposable gloves when engaged in the practice., of tattooing and/or body piercing. If garments are contaminated with blood or body fluids, such garment-shall be removed and changed and cleaned or disposed of in a manner acceptable to the Issuing Authority. H. Pigments used in tattooing shall be premade and commercially prepared and free from bacteria and noxious agents and substances including mercury. The pigments used from stock solutions for each customer shall be placed in a single service receptacle, and such receptacle and remaining solution shall be discarded after use on each customer in accordance with procedures approved by the Issuing • Authority. I. Jewelry for the other parts of the body shall be made of implant grade, high - quality stainless steel (300 series), solid 14K or 18K gold, niobium, titanium, platinum, or a dense, low- porosity plastic such as monofilament nylon, acrylic, or Lucite. Ear studs or other jewelry designed for earlobe piercing are not appropriate jewelry for other body parts. Jewelry shall have no nicks, scratches, or irregular surfaces, which might endanger the tissues. Jewelry shall be pre - sterilized and in a sealed package. J. There shall not be less than one hundred fifty (150) square feet of floor space at the place where the practice of tattooing and/or body piercing is conducted, and said place shall be so lighted and ventilated as to comply with the standards approved by the Issuing Authority. K. No person shall practice tattooing and/or body piercing while under the influence of alcoholic beverages or illicit drugs. No customer shall be tattooed and/or body pierced while under the influence of alcoholic beverages or illicit drugs. L. The operator shall provide the person tattooed and/or body pierced with printed instructions on the approved care of the tattoo and/or body pierce during the healing process. . • M. No place licensed as a tattoo and/or body piercing establishment shall be used or occupied as living or sleeping quarters. 3 -9 -12 Penalty • A. Any person violating any provision of this Chapter is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by law. B. The City Council may, upon ten (10) days written notice to the operator and following a public hearing, revoke the license or suspend the license if the licensee submitted false information or omitted material information in the license process required by this Chapter. The City Council may also revoke the license or suspend the license for a violation of: 1. Any provision of this Chapter or any other local law governing the same activity during the license period., 2. Any criminal law during the license period which adversely affects the ability to honestly, safely, or lawfully conduct a tattooing and/or body piercing business. 3 -9 -13 Hindrance Any person hindering the efforts of City officials to investigate possible violations of this Chapter shall be guilty of a misdemeanor. • 3 -9 -14 Conflict of Chapter In any case where a provision of this Chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code in the City, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this Chapter is found to be in conflict with a provision of any other ordinance or code of the City existing on the effective date of this ordinance which established a lower standard for the promotion and protection of the health and safety of the property, the provision of this Chapter shall be deemed to prevail. The determination of the applicability of this ordinance in light of the above rules of interpretation shall be made by the City and its determination shall be final. Section II. This Ordinance shall be effective following its passage and publication. ADOPTED this day of 1999 by the City Council of the City of Rosemount. • • City Council Agenda Item No. 9d • City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM Office of the City Clerk TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk VlW i DATE: August 12, 1999 SUBJECT: An Ordinance Amending Chapter 23 of the City Ordinances Relating to Location of Pawnbrokers and Secondhand Goods Dealers At its August 9, 1999, meeting, the City Council directed staff to prepare an ordinance amending location of pawnbrokers and secondhand goods dealers to make the ordinance consistent with suggested language for the currency exchange ordinance which was offered at the August 9, 1999, meeting. Attached is a draft of an ordinance amending sections of Chapter 23 relating to location of pawnbrokers and secondhand goods dealers with additions as follows: PAWNBROKERS Current language regarding location restrictions is found in both Sections 23 -606 [Site Plan] and 23 -610 [Places Ineligible for Licenses]: • 23 -606. subd. 1 The site plan must contain: d. The location of any church, school, day -care center, hospital, on -sale liquor establishment, halfway house, check cashing operation, theater, or residence within 300 feet of any portion of the premises occupied by the applicant. 23 -610 A license will not be issued or renewed under this section for any place or for any business: b. If the premise is located within 300 feet of a school, day -care center, church, hospital, on -sale liquor establishment, halfway house, check cashing operation, theater, or residence. Proposed language amendment regarding location restrictions ( underline indicates new language) 23 -606, subd. 1 The site plan must contain: d. The location of any church, school, day -care center, hospital, on -sale liquor establishment, halfway house, check cashing operation, theater, residence secondhand goods dealer. tattoo establishment body piercing_ establishment, or massage ` narlor within 300 feet of any portion of the premises occupied by the applicant. 23 -610 A license will not be issued or renewed under this section for any place or for any business: b. If the premise is located within 300 feet of a school, day -care center, church, hospital, on -sale liquor establishment, halfway house, check cashing operation, theater, residence secondhand • goods dealer, tattoo establishment body piercing g stablishment. or massage parlor 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 • Memo to Michael J. McCauley SECONDHAND GOODS DEALERS Page 2 August 12, 1999 Current language regarding location restrictions is found in both Sections 23 -657 [Site Plan] and 23 -661 [Places Ineligible for Licenses]. 23 -657. subd. 1 The site plan must contain: d. The location of any school or day -care center within 300 feet of any portion of the premises occupied by the applicant if the secondhand goods dealer will receive firearms. 23-661 A license will not be issued or renewed under this section for any place or for any business: b. Within 300 feet of a school or day -care center if the secondhand goods dealer will receive firearms. Proposed added language regarding location restrictions ( underline indicates new language) 23 -657. subd. 1 The site plan must contain: • e. The location of anv church, hospital, on -sale liquor establishment halfway house check cashing operation, theater, residence pawnshop, tattoo establishment body piercing establishment or massage parlor within 300 feet of my portion of the premises occupied by the applicant. notwithstanding if the secondhand goods dealer will receive firearms 23 -661 A license will not be issued or renewed under this section for any place or for any business: b. Within 300 feet of a school or day -care center if the secondhand goods dealer will receive firearms or if located within 300 feet of a pawnshop, tattoo establishmoL check cashing operation, massage parlor or body _piercing establishment • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of September, 1999, 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 Chapter 23 of the City Ordinances Relating to Location of Pawnbrokers and Secondhand Goods Dealers. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO LOCATION OF PAWNBROKERS AND SECONDHAND GOODS DEALERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code Section 23 -606 is amended as follows: Section 23 -606. SITE PLAN. • Subdivision 1. The application for a pawnbroker license must be accompanied by a site plan drawn to scale. The site plan must contain: a. A legal description of the property upon which the proposed license premises is situated. b. A survey. C. The exact location of the license premise on the property, customer and employee parking areas, access onto the property, and entrances into the premises. d. The location of any church, school, day -care center, hospital, on -sale liquor establishment, halfway house, check casing operation, theater, or- residence, secondhand goods dealer. tattoo es tablishment _ bodv piercing establishment, or massage parlor within 300 feet of any portion of the premises occupied by the applicant. e. A floor plan of the license premises. Section 2. Brooklyn Center City Code Section 23 -610 is amended as follows: • Section 23 -610. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the City or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. If the premise is located within 300 feet of a school, day -care center, church, hospital, on -sale liquor establishment, halfway house, check cashing operation, theater, err-residence secondhand goods dealer, tattoo establishment body 12iercin2establishment or massage parlor C. Where operation of a licensed premise would violate zoning ordinances; d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed or; e. Established as a pawnshop after April 2, 1996, which is within ten (10) driving miles of any gambling casino. Section 3. Brooklyn Center City Code Section 23 -657 is amended as follows: S Section 23 -657, SITE PLAN. Subdivision 1. The application for a secondhand goods dealer license must be accompanied by a site plan drawn to scale. The site plan must contain: a. A legal description of the property upon which the proposed license premises is situated. b. A survey. C. The exact location of the license premise on the property, customer and employee parking areas, access onto the property, and entrances into the premises. d. The location of any school or day -care center within 300 feet of any portion of the premises occupied by the applicant if the secondhand goods dealer will receive firearms. e. The location of any church, hospital, on -sale liquor establishment, halfway house. check cashing operation. theater, residence, pawnshop, tattoo establishment, body piercing establishment, or • massage parlor within 300 feet of my portion of the premises occupied by the aapplicant, notwithstanding if the secondhand goods dealer will receive firearms. • e_f. A floor plan of the license premises. Section 4. Brooklyn Center City Code Section 23 -661 is amended as follows: Section 23 -661. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the City or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. Within 300 feet of a school or day -care center if the secondhand goods dealer will receive firearms or if located within 300 fee of a pawnshop, tattoo establishment, check cashing operation. massage parlor, or body piercing establishment C. Where operation of a licensed premise would violate zoning ordinances; or de. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed. Section 5. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of ' 1999. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) • C. City Council Agenda Item No. 9e • 0 E CAPTAIN JOHN HOLMES CHAPTER of the NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION Gretchen Wilhelm, Regent 3925 Winnetka Ave. N. New Hope, MN 55427 August 12, 1999 Sharon Knutson Administrative Office 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Dear Sharon: This letter is a request for the mayor to proclaim Citizenship Day and Constitution Week September 17 - 23 to the people of Brooklyn Center. • As in the past few years, I would like to include the Brooklyn Center Mayor's proclamation in the Constitution Week display at Robbinsdale Cooper High School, along with similar proclamations from other mayors for which RCHS is the high school of their city. Enclosed are three sample proclamations. Please send your proclamation directly to: Nick Weil, United States History Teacher Robbinsdale Cooper Senior High 8230 47th Avenue North New Hope, MN 55428 If there are bells at any of the public buildings in our community, please consider having them ring out with the Bells Across America celebration on September 17th at 4 p.m. Eastern time, the exact date and time of the signing of the Constitution. I know that you are very busy, and I thank you for whatever time you spend considering these requests. Si cerely yours, • Gretchen Wilhelm PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 17 THROUGH 23, 1999, AS CONSTITUTION WEEK WHEREAS, The Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and WHEREAS, September 17, 1999, marks the two hundred twelfth anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary and to the patriotic celebrations which will commemorate it; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of S Minnesota, do hereby proclaim the week of September 17 through 23, 1999, as Constitution Week in the City of Brooklyn Center, and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties. Date Mayor Attest: City Clerk • • City Council Agenda Item No. 9f 0 40 City of Brooklyn Center A great place to start. A great place to stay. 0 MEMORANDUM TO: Mayor Kragness, Councilmembers FROM: Michael J. McCauley, City Manager DATE: August 19, 1999 SUBJECT: Rescheduling of August 30, 1999, Lasman, Nelson, and Peppe Session I had anticipated meeting with Bob Thistle of Springsted this week to prepare materials for the August 30, 1999, work session. Unfortunately, Mr. Thistle had minor surgery this week and was unavailable. Thus, I would like to reschedule the work session to Tuesday, September 7, 1999. This work session will cover development issues and the capital improvement program, as well as general work session items. • • 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED AND INNOVATIVE PUBLIC SERVICE OF JANINE ATCHISON WHEREAS, Janine Atchison has served as Housing Inspector in the Community Development Department for the City of Brooklyn Center since July 11, 1994; and WHEREAS, during her tenure as Housing Inspector, she has made a very positive impact on the community through the development of the Association for Rental Management of Brooklyn Center and a dedicated and thorough inspection of rental properties in the city of Brooklyn Center; and WHEREAS, Ms. Atchison has been involved in a number of state and national professional organizations dealing with rental housing issues that have helped improve the education and training of persons involved in rental housing programs; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the extra effort and professional manner in which Ms. Atchison has discharged her duties and improved rental housing management in the city of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that it expresses its appreciation and recognition for her many accomplishments while serving as Housing Inspector for the City of Brooklyn Center and improvements in rental housing management and operation in the City through her efforts above and beyond the normal call of duty. 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 FIRE DEPARTMENT RELIEF ASSOCIATION FINANCIAL STATEMENTS For the Calendar Year Ended DECEMBER 31, 1998 BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION ANNUAL FINANCIAL REPORT For the Year Ended December 31, 1998 TABLE OF CONTENTS PAGE INTRODUCTORY SECTION Board Members 1 Treasurer's Letter 2-4 FINANCIAL SECTION Independent Auditors' Report 5 -6 Special Fund: Statements of Net Assets Available for Benefits .............. Exhibit A 7 Statements of Changes in Net Assets Available for Benefits ....... Exhibit B 8 General Fund: Balance Sheets ................. Exhibit C 9 Statements of Revenues, Expenditures and Changes in Fund Balance ... Exhibit D 10 Notes to Financial Statements 11 -20 Required Supplementary Information: PERS Analysis of Funding Progress ... Schedule I 21 PERS Revenue By Source and Expenses By Type ................ Schedule II 22 Other Supplementary Information: Schedule of Pensions and Benefits..... Schedule 111 23 Special Fund - Investment Detail ...... Schedule IV 24 -25 BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION LIST ING_ OF BOARD MEMBERS AT JANUARY 1, 1999 ELECTED MEMBERS OFFICE CRAIG SWANBERG PRESIDENT ROGER REIFFENBERGER VICE PRESIDENT MARK SKJOLSVIK TREASURER ED PELARSKI SECRETARY TODD BERG TRUSTEE KENT KORMAN TRUSTEE EX- OFFICIO MEMBERS MYRNA KRAGNESS CHARLIE HANSEN RON BOMAN OFFICE MAYOR CITY TREASURER FIRE CHIEF 1 BROOKLYN CENTER FIRE DEPARTMENT 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Emergency Fire 911 Telephone - 569 -3360 FAX - 561 -0717 TO: Board of Directors, Fire Department Relief Association Members of the City Council City Manager SUBJECT: Fire Department Relief Association Financial Report DATE: June 21, 1999 The Annual Audited Financial Report of the Brooklyn Center Fire Department Relief Association, General and Special "Pension" Funds as of and for the year ended December 31, 1998 is submitted herewith. Pension Benefits During 1997, Van Iwaarden & Associates was directed to prepare an alternate benefit level analysis for the fund. Based on the analysis, the City Council approved amendments to the Bylaws of the Brooklyn Center Fire Department Relief Association which granted increased benefits within statutory limitations. The lump sum benefit increased to $5,000 per year of service effective January 1, 1998. Other benefits for active members remained the same. Benefits for deferred pensioners, retired pensioners, and survivors remained the same. Note 6 to the financial statements describes the current plan benefits. Pension Benefit Payments During 1998, there were no additions to those volunteer fire fighters who were drawing a pension from the Fire Department Relief Association, and one member died, so the total was reduced to twenty. These pensions ranged from $136 to $310 per month and totaled $56,688 for the year 1998. There was one addition to the surviving spouses, and none died, so the total increased to eleven monthly spouses' pensions being paid. These pensions ranged from $136 to $453 per month and 2 totaled $32,100 for the year 1998. One lump sum distribution in the amount of $125,417 was made to a retiring fire fighter during 1998. Schedule III of this report is a listing of pensions and benefits paid in 1998. Pension Benefit Obligation The following factors explain the change in the pension benefit obligation from the previous obligation. Pension benefit obligation on January 1, 1998 $2,603,605 Additional year of service for current members 228,130 Monthly pension benefit payments (88,788) Lump sum pension benefit payments (125 Total change 13,925 Pension benefit obligation on January 1, 1999 $2,617,530 Actuarial Valuation The Association is required to have an actuarial valuation of its pension benefit obligation every two years. Van Iwaarden & Associates, an actuarial firm, was retained to perform this valuation as of January 1, 1997 and has again been retained to perform it as of January 1, 1999. Major assumptions used in these studies include an estimated 7.5 % rate of return on investments and the Entry Age Normal Cost Method of measuring the pension benefit obligation. Required Contributions The City's minimum contribution for 1998 was determined by the January 1, 1997 actuarial study, since that was the most recent study available. These funding requirements included $78,000 for the normal cost of the pension plan and $14,000 for administrative expenses. Actual Contributions The January 1, 1997 actuarial study would have allowed the City to reduce its contribution since the retirement plan had become fully funded. The City agreed to continue its contribution at the 1997 level in order to support the transition to a defined contribution plan. Real estate taxes in the amount of $20,179 were levied in 1997, to be collected in 1998, to finance the City's share of pension costs. State support was estimated to be $88,272 based upon the prior year's actual aid. State 3 aid received during 1998 was $87,036. Investment Performance The Association experienced positive returns on its investment portfolio during 1998. Interest and dividend payments totaled $177,895 during 1998 compared with $191,422 a year earlier. The Association also experienced appreciation of $43,208 in the fair market value of the investments it held during the year. This appreciation, in addition to prior years' appreciation, meant that if the investments had all been sold at year -end, a gain of $91,663 would have been realized compared to their purchase price. The Association also implemented a change in its investment advisor during 1998. Prudential Securities Incorporated is the new advisor. Accompanying the change in the advisor was the continuation of a change in strategy to move a portion of the portfolio into funds which purchase stocks of corporations. These historically realize a higher rate of return that bonds. Funding Status and Progress Funding status of the plan is the outcome of all the factors described above. The plan had reached the point of being fully funded as of December 31, 1995 and continued to be fully funded each year through December 31, 1998. Schedule I describes the funding status and progress of the plan for the past ten years. Interest continues amongst the membership of the Association for a move from a defined benefit (i.e. $5,000 lump sum) plan to a defined contribution plan. State Statutes contain formulas for defined benefit and defined contribution plans which essentially. determine how the Association's assets are distributed amongst the members.. There are substantial differences in these formulas. In spite of the surplus shown by the Association as a defined benefit plan, there aren't presently enough assets so that all members would be at least as well off under a defined contribution plan. Conversion of the plan should be delayed until there are sufficient assets to provide benefits at least equal to the current benefits for all members. Respectfully submitted, Charlie Hansen 4 so$ LARSON ;;; � ALLEN I' WEISHAIR & CO.,LLP CERTIFIED PUBLIC ACCOUNTANTS INDEPENDENT AUDITOR'S REPORT Board of Trustees City of Brooklyn Center Fire Department Relief Association Brooklyn Center, Minnesota We have audited the accompanying statements of plan net assets of the Special Fund and the balance sheets of the General Fund of the City of Brooklyn Center Fire Department Relief Association (the Association) as of and for the years ended December 31, 1998 and 1997, and the related statements of changes in plan net assets of the Special Fund and of revenues, expenditures, and changes in fund balance of the General Fund for the years then ended. These financial statements are the responsibility of the Association's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the General Fund and the Special Fund of the City of Brooklyn Center Fire Department Relief Association as of December 31, 1998 and 1997, and the results of their operations for the years then ended, in conformity with generally accepted accounting principles The financial statements of the Association have not presented the disclosures required by Governmental Accounting Standards Board Technical Bulletin 98 -1, Disclosures about Year 2000 Issues, as amended by the Governmental Accounting Standards Board Technical Bulletin 99 -1, that the Governmental Accounting Standards Board has determined are necessary to supplement, although not be a part of, the basic financial statements. In addition, we do not provide assurance that the City of Brooklyn Center Fire Department Relief Association's year 2000 remediation efforts will be successful in whole or in part, or that parties with which the City of Brooklyn Center Fire Department Relief Association does business are or will become year 2000 compliant. Our audits were conducted for the purpose of forming an opinion on the basic financial statements taken as a whole. The accompanying schedules of required supplementary information are presented for the purpose of additional analysis and are not a required part of the basic financial statements. These schedules are also the responsibility of the Association's management. Such schedules have been subjected to the auditing procedures applied in our audit of the basic financial statements and, in our opinion, are fairly presented, in all material respects, in relation to the basic financial statements taken as a whole. In accordance with Government Auditing Standards, we have also issued our report dated April 22, 1999, on our consideration of the Association's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grants. 4 �4&440% . . *&%- OAA;� � LARSON, ALLEN, WEISHAIR & CO., LLP St. Paul, Minnesota April 22, 1999 Exhibit A BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION SPECIAL FUND STATEMENTS OF PLAN NET ASSETS DECEMBER 31, 1998 and 1997 1998 1997 ASSETS Investments (Note 4): Time Deposits in Commercial Banks $74,395 $125,557 Money Market & Mutual Funds 456,276 113,099 United States Government Obligations 14,848 496,097 Equity Mutual Funds 1,439,293 1,007,307 Fixed Income Mutual Funds 1,031,864 364,991 Corporate Bonds and Debentures 35,568 846,373 ---------- - - - - -- --------------- $3,052,244 $2,953,424 Receivables: Interest Receivable 562 12,164 Accounts Receivable 0 27 ---------- - - - - -- --------------- $562 $12,191 ---------- - - - - -- --------------- Cash $10,911 $8,846 ---------- - - - - -- --------------- Total Assets $3,063,717 $2,974,461 LIABILITIES Accounts Payable $0 $500 Accrued Wages Payable 250 375 Pensions Payable 7,399 7,399 --------- - - - - -- --------------- Total Liabilities $7,649 $8,274 --------- - - - - -- --------------- NET ASSETS HELD IN TRUST FOR PENSION BENEFITS BENEFITS (SEE SCHEDULE 1) $3,056,068 $2,966,187 See Notes to the Financial Statements F Exhibit B BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION SPECIAL FUND STATEMENTS OF CHANGES IN PLAN NET ASSETS FOR THE YEARS ENDED DECEMBER 31, 1998 and 1997 1998 1997 ADDITIONS Ad Valorem Taxes $20,179 $38,451 State of Minnesota: Fire Insurance Premium Tax 87,036 84,619 Investment Earnings: Interest and Dividends 177,895 191,422 Net Appreciation (Depreciation) in Fair Value of Investments 43,208 75,991 TOTAL ADDITIONS $328,318 $390,483 DEDUCTIONS Membership Benefits: Service Pensions $56,688 $60,236 Lump Sum Distributions 125,417 Spouses' and Children's Benefits 32,100 ------- - - - - -- 28,552 ------- - - - - -- $214,205 ------- - - - - -- $88,788 ------- - - - - -- Administrative Expenses: Officers' Salaries $3,250 $4,500 Dues 500 Audit 7,024 9,516 Actuarial Fees 2,147 Investment Management Fees 9,093 2,500 Legal Fees 2,457 Office Expenses 261 160 $24,232 $17,176 ------- - - - - -- ------- - - - - -- TOTAL DEDUCTIONS $238,437 $105,964 ------- - - - - -- ------- - - - - -- NET INCREASE (DECREASE) $89,881 $284,519 NET ASSETS HELD IN TRUST FOR PENSION BENEFITS: Beginning of year $2,966,187 $2,681,668 -------- - - - - -- -------- - - - - -- End of Year $3,056,068 $2,966,187 See Notes to the Financial Statements 8 Exhibit C BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION GENERAL FUND BALANCE SHEETS DECEMBER 31, 1998 and 1997 1998 1997 ASSETS Investments (Note 4): Money Market Funds $13,778 $13,157 $13,778 $13,157 Cash $11,335 $14,181 ---- - - - - -- ---- - - - - -- Total Assets $25,113 $27,338 LIABILITIES AND FUND BALANCE Fund Balance $25,113 $27,338 ---- - - - - -- ---- - - - - -- Total Fund Balance $25,113 $27,338 ---- - - - - -- ---- - - - - -- Total Liabilities & Fund Balance $25,113 $27,338 See Notes to the Financial Statements 0 Exhibit D BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION GENERAL FUND STATEMENTS OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE FOR THE YEARS ENDED DECEMBER 31, 1998 and 1997 See Notes to the Financial Statements 10 1998 1997 REVENUES: Dance $9,363 $7,383 Softball Tournament 13,361 Pop Sales 973 Interest and Dividends 759 812 Reimbursements 110 Donations 300 ---- - - - - -- 1,135 ---- - - - - -- TOTAL REVENUES $11,505 ---- - - - - -- $22,691 ---- - - - - -- EXPENDITURES: Purchase of Equipment $5,399 Banquets $8,379 8,586 Supplies 3,992 4,743 Donations and Memorials 275 3,036 Repairs and Maintenance 150 316 Training 5 1,653 Miscellaneous 929 ---- - - - - -- 3,448 ---- - - - - -- TOTAL EXPENDITURES $13,730 ---- - - - - -- $27,181 ---- - - - - -- EXCESS OR (DEFICIENCY) OF REVENUES OVER EXPENDITURES ($2,225) ($4,490) FUND BALANCE - JANUARY 1 27,338 ---- - - - - -- 31,828 ---- - - - - -- FUND BALANCE - DECEMBER 31 $25,113 $27,338 See Notes to the Financial Statements 10 BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION NOTES TO THE FINANCIAL STATEMENTS FOR THE YEARS ENDED DECEMBER 31, 1998 and 1997 1. Summary of Significant Accounting Policies A. Fund Accounting The resources of the Brooklyn Center Fire Department Relief Association (the Association) are accounted for in the following funds: Special Fund: Accounts for the accumulation of resources to be used for retirement, dependency and disability annuity payments. Resources include property taxes, the two percent insurance premium tax from the State of Minnesota, and earnings from investments. Several Fund: Accounts for the resources other than those in the Special Fund to be used for the good and benefit of the Association as determined by Association bylaws. The accounting policies of the Association conform to generally accepted accounting principles. The accrual basis of accounting is used for the Special Fund; the modified accrual basis of accounting is used for the General Fund. C. Investments Plan investments are reported at fair value in accordance with GASB Statement 25, Financial Reporting for Defined Benefit Pension Plans and Note Disclosures for Defined Contribution Plans. Short-term investments are reported at cost which approximates fair value. Securities traded on national exchanges are valued at the last reported sales price. Investments that do not have an established market are reported at estimated fair value. Investment income is recognized by the Association when it is earned. D. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principals requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements. Estimates also affect the reported amounts of revenue and expense during the reporting period. Actual results could differ from those estimates. 11 2. Form of Organization The Association was incorporated on December 5, 1949. It operates under the provisions of Minnesota Statutes 69 and 424. It is governed by a board of nine members. Six of the board members are elected by the members of the Association for two year terms. The Mayor, Finance Director and Fire Chief are ex- officio voting members of the board of trustees. 3. Financial Reporting Fntiiy The Association has implemented the Governmental Accounting Standards Board pronouncements relating to financial reporting for the entity. For financial reporting purposes the Association's financial statements include all funds, departments, agencies, boards, commissions, and other organizations over which the Association's officials exercise financial accountability. 4. Deposits and Investments A. Deposits Minnesota Statutes 118.005 authorizes the Association to deposit cash and to invest in certificates of deposit in financial institutions designated by the governing body. Minnesota statutes require that all Association deposits be covered by deposit insurance, surety bond, or pledged collateral. Following is a summary of the combined deposits of the General & Special Funds covered by insurance or collateral at December 31, 1998 and 1997. 1998 Bank Carrying Balances unt Covered Deposits Insured, or collateralized with securities held by the Association or its agent in the Association's name. Collateralized with securities held by the pledging financial institution's trust department or agent in the Association's name. Total covered deposits Uncollateralized Total $96,871 $96,641 $96,871 $96,641 $96,871 $96,641 12 4. Deposits and Investment (continued) Covered Deposits Insured, or collateralized with.securities held by the Association or its agent in the Association's name. Collateralized with securities held by the pledging financial institution's trust department or agent in the Association's name. Total covered deposits Uncollateralized Total B. Investments 1997 Bank Carrying Balances Amount $263,639 $261,683 $263,639 $261,683 $263,639 $261,683 Minnesota Statutes 69.775 and IIA.24 authorize and define the types of securities available to the Association for investment. The Association's investments are categorized below to give an indication of the level of custodial risk assumed at year end. A securities that are insured or registered, or for which the securities are held by the Association or its agent in the Association's name; B securities that are uninsured and unregistered and are held by the counter party's trust department or agent in the Association's name; C securities that are uninsured and unregistered and are held by the counter party, or by its trust department or agent but not in the Association's name. Following is a summary of the carrying values (fair value) of the Association's investments, categorized into the aforementioned levels of risk, along with the cost values of the securities, at December 31, 1998 and 1997. 13 4. Deposits and Investments (continued) The Association's policy is to hold U.S. Government and U.S. Government guaranteed obligations to maturity. 14 1998 CATEGORY CARRYING -------------- - - - - -- VALUE COST A B C (FAIR VALUE) VALUE Investments Govt.. Obligations $14,848 $14,848 $14,580 Corporate Bonds 35,568 35,568 85,000 ------- - - - - -- - - - - - -- - - - - - -- $50,416 None None ----- ------- - - - - -- $50,416 -------- - - - - -- $99,580 - - - - -- ----------- Money Market & Mutual Funds 2,941,211 - - - -- - - - -- 2,800,268 Cash & Time Deposits (Note 4 -A) 96,641 ------- - - - - -- 96,641 -------- - - - - -- Total Cash, Deposits & Investments $3,088,268 $2,996,489 1997 CATEGORY CARRYING -------------- - - - - -- VALUE COST A B C (FAIR VALUE) VALUE* Investments Govt.. Obligations $496,097 $496,097 $495,828 Corporate Bonds 846,373 846,373 852,664 ------- - - - - -- - - - - - -- - - - - - -- $1,342,470 None None ----- - - - ------- - - - - -- $1,342,470 -------- - - - - -- $1,348,492 - -- ----------- Money Market & Mutual Funds 1,385,455 - - - -- - - - -- 1,293,729 Cash & Time Deposits (Note 4 -A) 261,683 ------- - - - - -- 263,639 -------- - - - - -- Total Cash, Deposits & Investments $2,989,608 $2,905,860 The Association's policy is to hold U.S. Government and U.S. Government guaranteed obligations to maturity. 14 4. Deposits and Investments (continued) For the year ended December 31, 1998, the Association held five investments (other than U.S. Government and U.S. Government guaranteed obligations) throughout the year and at December 31 which individually represented 5 % or more of the net assets available for benefits. These are the Prudential Command Money Fund, the Janus Investments Flexible Income Fund, the PIMCO Total Return Fund Class A, the Prudential Bond Market Index Class Z, and the Alliance Premier Growth Fund Class A, which are included in the investment detail in Schedule IV. For the year ended December 31, 1997, the Association held one investment (other than U.S. Government and U.S. Government guaranteed obligations) throughout the year and at December 31 which represented 5% or more of the net assets available for benefits. This was the GATOR Series I corporate bonds. 5. Plan De The Association is the administrator of a single employer public employee retirement system (PERS) established and administered under Minnesota statutes to provide pension benefits for volunteer fire fighters of the City of Brooklyn Center. At December 31, 1998 PERS membership consisted of: 1998 1997 Retirees and beneficiaries currently receiving benefits. 31 31 Terminated employees entitled to benefits but not yet receiving them. 7 7 Active plan participation: Vested 18 17 Nonvested 20 22 Total 76 77 6. Retirement Benefit An actuarial study was completed during 1997 which justified a benefit increase which took effect on January 1, 1998. Benefits are less for those members retired prior to that date or for their spouses and children receiving benefits. Upon approval of an application therefor, a monthly service pension based on Table 1 below per month for each year of active service with the Fire Department shall be paid to each retired member during the remainder of his or her natural life; provided, however, that for purposes of computing such service pension, no retired member shall be given credit for more than 30 years of active service with the Fire Department toward a monthly benefit level. 15 6. Retirement Benefit (continued) Effective Date of Retirement 1/1/97 1/1/98 T able 1 PER YEAR OF SERVICE Monthly Benefit Lump Sum Le vel Level $26.50 $4,000 $26.50 $5,000 B. Basic Service Pension for Previously Retired Member Effective January 1, 1994, the service pension for a previously retired member, and any benefits to a surviving spouse of a member who retired before January 1, 1994, were increased by ten percent (10 %). C: Basic Service Pension for Deferred Pensione r A member who is otherwise qualified for a service pension but who has not reached the age of 50 years may retire from the Fire Department without forfeiting the member's right to such pension. Upon approval of an application therefor, the deferred pensioner shall receive a pension based on Table 1 above multiplied by such person's years of active service with the Fire Department and further multiplied by the decimal equivalent of the applicable percentage determined from the following table: Table 2 Years of Applicable Service Percentage 10 60 11 64 12 68 13 72 14 76 15 80 16 84 17 88 18 92 19 96 20 and beyond 100 16 6. Retirement Benefit (continued) Any retired member, deferred pensioner or early retired member may elect to receive any pension benefits provided in the following forms: Straight Life Annuity This is the form of the basic service pension provided to retired members, deferred pensioner, or early retired members. 2. Lump Sum Distribution. Any retired member or deferred pensioner may elect to receive such person's service pension in the form of a lump sum distribution. The amount of such lump sum distribution shall be equal to the product of Table 1 multiplied by the number of completed years and months of active service with the Fire Department. 3. Joint and 100% Survivor. The basic service pension is adjusted to provide a survivor's benefit for the member's spouse equal to the amount of the adjusted monthly benefit payable to the member. 4. Joint and 50% Survivor. The basic service pension is adjusted to provide a reduced survivor's benefit for the member's spouse equal to 50 % of the amount of the adjusted monthly benefit payable to the member. E. Survivor's Benefit: Upon the death of a participant, an amount equal to the greater of (a) the basic monthly service pension which had accrued or (b) the amount shown in table 3 below, shall be paid to the surviving spouse. In lieu of such payments, a lump sum distribution is also available. Effective Dates 1/1/94 - 12/31/94 1/1/95 - 12/31/95 1/1/96 - 12/31/98 Survivors Monthly Benefit $490 $510 $530 Children's Benefit: Upon the death of a participant who is survived by a spouse and children, an additional benefit equal to 25% of the surviving spouse's monthly benefit shall be paid for each surviving child under the age of 18, not to exceed 100% of the surviving spouse's benefit. No additional benefits shall be paid if a lump sum distribution is elected. 17 6. Retirement Benefit (continued) F. Funeral Benefit: A funeral expense benefit of $2,500 will be paid upon the death of a participant, except in instances where benefits are in the form of a lump sum distribution. G. Disability Benefit: None, now covered through Fire Department Disability Insurance. 7. Funding Status and Program The amount shown below as "pension benefit obligation" is a standardized disclosure measure of the present value of pension benefits, adjusted for the effects of projected benefit increases, estimated to be payable in the future as a result of employee service to date. The measure is the actuarial present value of credited projected benefits and is intended to help users assess PERS funding status on a going concern basis, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among PERS. The measure is independent of the actuarial funding method used to determine contributions to the PERS, discussed in note 8. below. An actuarial update of the pension benefit obligation from a base year valuation study is performed annually. The pension benefit obligation was updated as of January 1, 1999 from an actuarial valuation as of January 1, 1999. Significant actuarial assumptions used include a rate of return on the investment of present and future assets of 7.5 percent per year compounded annually, no post retirement benefit increases, and entry age normal funding method. At January 1, 1999, the funded pension benefit obligation was as follows: Pension benefit obligation: Retirees and beneficiaries currently receiving benefits and terminated employees not yet receiving benefits $1,004,801 Active Members $1,612,729 Total pension benefit obligation 2,617,530 Net assets held in trust for pension benefits 3,056,068 (at carrying value, equals market) ------- - - - - -- Assets in excess of pension benefit obligation $ 438,538 im 7. Funding Status and Progress (continued) The pension benefit obligation increased due to the additional year of service credited to plan members, a benefit increase per year of service, and the effects related to GASB No. 25, as discussed in Note 12. GASB No. 25 effects included changing the funding method to entry age normal and changing the investment rate of return to 7.5 %. The pension benefit obligation had a net increase of $234,560 in 1997 for this change. For the year ended December 31, 1997, the pension benefit obligation was updated as of January 1, 1998 from an actuarial valuation as of January 1, 1997. Significant actuarial assumptions used include a rate of return on the investment of present and future assets of 7.5 percent per year compounded annually, no post retirement benefit increases, and entry age normal funding method. At January 1, 1998, the funded pension benefit obligation was as follows: Pension benefit obligation: Retirees and beneficiaries currently receiving benefits and terminated employees not yet receiving benefits $939,661 Active Members $1,663,944 Total pension benefit obligation 2,603,605 Net assets held in trust for pension benefits 2,966,187 (at carrying value, equals market) ------- - - - - -- Assets in excess of pension benefit obligation $ 362,582 The pension benefit obligation increased due to the additional year of service credited to plan members. The pension benefit obligation had a net increase of $13,925. 8. Contributions Required and Contributions Made PERS funding policy provides for periodic City and State contributions at actuarially determined rates that are sufficient to accumulate sufficient assets to pay benefits when due. City and state contribution rates are determined using the entry age normal cost actuarial funding method. PERS also uses this method to amortize the unfunded liability by 2001. For 1998, City and State contributions totaling $107,215 were made in accordance with actuarially determined contribution requirements determined through an actuarial valuation performed at January 1, 1997. These contributions are required to fund $75,000 of normal cost, $3,000 amortization of the unfunded actuarial accrued liability, and $17,176 of 19 8. Contributions Required and Contributions Made (continued) administration cost. The State contribution was $1,236 less than budgeted and administrative expenses were $10,232 more than budgeted. In 1997, City and State contributions totaling $123,070 were made in accordance with actuarially determined contribution requirements determined through an actuarial valuation performed at January 1, 1993. These contributions are required to fund $68,698 of normal cost, $26,241 amortization of the unfunded actuarial accrued liability, and $13,512 of administration cost. The State contribution was $3,381 less than budgeted and administrative expenses were $4,556 more than budgeted. Significant actuarial assumptions used to compute contribution requirements are the same as those used to compute the standardized measure of the pension obligation discussed in note 7. above. 9. Related Party Investments During 1998 and 1997, and as of December 31, 1998 and 1997, the Association held no securities issued by the City or other related parties. 10. Ten -Year Historical Trend Information Ten year historical trend information designed to provide information about PERS' progress made in accumulating sufficient assets to pay benefits when due is presented in Schedules I and II. 11. Risk Management The Relief Association is exposed to various risks of loss related to theft of assets for which the Relief Association Carries commercial insurance policies. There were no significant reductions in insurance from the previous year or settlements in excess of insurance coverage for any of the past three years. 20 SCHEDULEI BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION REQUIRED SUPPLEMENTARY INFORMATION PERS ANALYSIS OF FUNDING PROGRESS YEARS 1989 THROUGH 1998 (B) - (A) ( All amounts for 1991, 1993, 1996 and 1998 are based on an actuarial valuation. Amounts for 1989, 1990, 1992, 1994, 1995, and 1997 are based on an actuarial update of the most recent valuation. Analysis of the dollar amounts of net assets available for benefits, pension benefit obligation, and unfunded pension benefit obligation in isolation can be misleading. Expressing the net assets available for benefits as a percentage of the pension benefit obligation provides one indication of the PERS's funding status on a going concern basis. Analysis of these percentages over time indicates whether the system is becoming financially stronger or weaker. Generally, the greater this percentage, the stronger the PERS. 21 (A) (B) UNFUNDED NET ASSETS (1) PENSION (A) / (B) PENSION FISCAL AVAILABLE BENEFIT PERCENTAGE BENEFIT YEAR FOR BENEFITS OBLIGATION FUNDED OBLIGATION 1989 $2,300,599 $2,469,110 93.2% $168,511 1990 2,409,110 2,554,707 94.3% 145;597 1991 2,538, 897 2,568,341 98.9% 29,444 1992 2,679,535 2,662,919 100.6% (16,616) 1993 2,848,075 2,894,711 98.4% 46,636 1994 2,685,737 2,793,015 96.2% 107,278 1995 2,758,345 2,715,210 101.6% (43,135) 1996 2,681,668 2,369,045 113.2% (312,623) 1997 2,966,487 2,603,605 113.9% (362,882) 1998 $3,056,068 $2,617,530 116.8% ($438,538) ( All amounts for 1991, 1993, 1996 and 1998 are based on an actuarial valuation. Amounts for 1989, 1990, 1992, 1994, 1995, and 1997 are based on an actuarial update of the most recent valuation. Analysis of the dollar amounts of net assets available for benefits, pension benefit obligation, and unfunded pension benefit obligation in isolation can be misleading. Expressing the net assets available for benefits as a percentage of the pension benefit obligation provides one indication of the PERS's funding status on a going concern basis. Analysis of these percentages over time indicates whether the system is becoming financially stronger or weaker. Generally, the greater this percentage, the stronger the PERS. 21 BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION REQUIRED SUPPLEMENTARY INFORMATION PERS REVENUES BY SOURCE AND EXPENSES BY TYPE YEARS 1989 THROUGH 1998 SCHEDULE II 22 REVENUES BY SOURCE FISCAL CITY (1) STATE (1) INVESTMENT YEAR CONTRIBUTIONS CONTRIBUTIONS EARNINGS TOTAL 1989 $23,621 $85,015 $207,540 $316,176 1990 24,621 85,647 160,952 271,220 1991 27,421 70,248 205,350 303,019 1992 20,790 72,110 171,851 264,751 1993 27,790 64,039 180,055 271,884 1994 36,092 66,803 42,857 145,752 1995 42,092 69,299 228,755 340,146 1996 39,292 88,272 151,751 279,315 1997 38,451 84,619 267,413 390,483 1998 $20,179 $87,036 $221,103 $328,318 EXPENSES BY TYPE FISCAL YEAR BENEFITS ADMINISTRATIVE TOTAL 1989 $95,712 $5,896 $101,608 1990 154,550 8,159 162,709 1991 158,939 14,293 173,232 1992 111,337 12,776 124,113 1993 87,770 15,574 103,344 1994 295,830 12,260 308,090 1995 278,131 13,055 291,186 1996 343,372 12,620 355,992 1997 88,788 17,176 105,964 1998 $214,205 $24,232 $238,437 (1) Contributions were made in accordance with actuarially determined contribution requirements, as detailed in Note 7. 22 BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION SCHEDULE OF MEMBERSHIP BENEFITS DURING THE YEAR ENDED DECEMBER 31, 1998 Schedule III 23 Spouses' & Per Service Children's Total MONTHLY PENSIONS Month Pensions Benefits Benefits Cahlander, Betty $453 $5,436 $5,436 Canfield, Clarence 232 $2,784 2,784 Cashman, Robert 230 2,760 2,760 Cichoski, Phyllis 136 1,632 1,632 Claypatch, Jack W. 151 1,812 1 Considine, C. C. 213 2,556 2,556 Cornwell, Ralph R. 173 2,076 2,076 Davis, Henry 244 2,928 2,928 Draisey, Darwin 136 1,632 1,632 Edling, Charles 163 1,956 1,956 Fox, Robert 192 2,304 2,304 Hannay, William 293 3,516 3,516 Jacobsen, Helen 139 1,668 1,668 Jennrich, Richard 277 3,324 3 , 324 Johnson, Mary P. 232 2,784 2,784 Knight, Richard 190 2,280 2,280 Kolstad, Robert 201 1,608 1,608 Kolstad, Marge 201 804 804 Larson, Louis 201 2,412 2,412 Lindman, Allen S. 280 3,360 3,360 Linner, Lucille 271 3,252 3,252 McKinley, Marion 263 3,156 3,156 Manderfeld, Joan 266 3,192 3,192 Mason, Ruth J. 326 3,912 3,912 Miller, Irwin 255 3,060 3,060 Nerburne, George 272 3,264 3,264 Owens, Stanley 310 3,720 3,720 Paulson, Dorothy 266 3,192 3,192 Sandgren, Lial 228 2,736 2,736 Swing, Harriet 256 3,072 3,072 Vaughn, James R. 267 3,204 3,204 Vaughn, William $283 3,396 3,396 Total Monthly Pensions $56,688 $32,100 $88,788 LUMP SUM DISTRIBUTIONS Peter, Doug 125,417 125,417 Total Lump Sums $125,417 $0 $125,417 Totals (To Exhibit B) $182,105 $32,100 $214,205 23 N .h BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION SPECIAL FUND - INVESTMENT DETAIL DECEMBER 31, 1998 Pool Cost Basis Distribution at of Acquisition Principal 74,394.41 74,394.41 354,606.00 101,670.10 n is 50,000.00 50,000.00 100,000.00 50,000.00 35,000.00 - 37,752.50 - 47,551.51 - 85,304.01 85,000.00 0.00 SCHEDULE IV Continued next page Cost Value December 31, 1998 Fair Value December 31, 1998 7d 4Qd_A1 . _, _ _ . __ . _, _ _ . _- 354,606.00 354,606.00 101,670.10 101,670.10 n 14a n oa 12,247.50 2,448.49 Coupon Maturity Description Rate Date TIME DEPOSITS IN COMMERCIAL BANKS Marquette Bank Brookdale 5.00% Demand Total Time Deposits MONEY MARKET FUNDS Prudential Command Money Fund Demand Target Portfolio Trust US Govt Demand Prudential Cash Balance Total Money Market Funds UNITED STATES GOVERNMENT OBLIGATIONS OR AGENCIES FHLMC MLTCL Series 1702 5.00% 10/15/16 Govt. Natl. Mort. Assoc. 49975 11.00% 6/15/11 Total U.S. Government Obligations & Agencies CORPORATE BONDS OR DEBENTURES MCA - 1992 -1 Multi Family Housing 10.25% 7/1/35 Golden West Fin Corp Sub Notes 6.00% 10/1/03 Total Corporate Bonds & Debentures Pool Cost Basis Distribution at of Acquisition Principal 74,394.41 74,394.41 354,606.00 101,670.10 n is 50,000.00 50,000.00 100,000.00 50,000.00 35,000.00 - 37,752.50 - 47,551.51 - 85,304.01 85,000.00 0.00 SCHEDULE IV Continued next page Cost Value December 31, 1998 Fair Value December 31, 1998 7d 4Qd_A1 . _, _ _ . __ . _, _ _ . _- 354,606.00 354,606.00 101,670.10 101,670.10 n 14a n oa 12,247.50 2,448.49 12,088.88 2,759.16 14,695.99 14,848.04 50,000.00 0.00 35,000.00 35,568.05 85,000.00 35,568.05 Total Money Market & Mutual Funds EQUITY MUTUAL FUNDS N AIM Funds Group Value Funds Class B Alliance Premier Growth Fd Class A American Century Quantitative Equity Baron Asset Fund Davis NY Venture Fund Inc Class A Gabelli Value Fund Inc Hartford Capital Appreciation Class B Janus Investment Worldwide Fund MFS Massachusetts Investors Trust Prudential Stock Index Fund Putnam International Growth Class A Total Money Market & Mutual Funds 1,019,608.59 1,019,608.59 1,031,864.04 Varies Demand 102,279.18 102,279.18 Pool Cost Fair 223,943.05 223,943.05 271,414.38 Cost Basis Distribution Value Value 115,119.69 Coupon Maturity at of December December Description Rate Date Acquisition Principal 31, 1998 31, 1998 FIXED INCOME MUTUAL FUNDS 110,689.54 Varies Demand 88,928.10 88,928.10 98,194.03 AIM Funds Group High Yield Fund Varies Demand 67,790.63 107,682.67 67,790.63 93,649.10 Alliance High Yield Fund Class B Varies Demand 17,476.45 Demand 17,476.45 16,410.69 Janus Investments Fd Flexible Income Varies Demand 304,973.50 103,038.85 304,973.50 303,438.84 Montgomery Funds Short Duration Govt Varies Demand 101,869.52 101,869.52 102,054.10 PIMCO Total Return Fund Class A Varies Demand 210,916.57 210,916.57 206,879.69 Prudential Bond Market Index Class Z Varies Demand 316,581.92 316,581.92 309,431.62 Total Money Market & Mutual Funds EQUITY MUTUAL FUNDS N AIM Funds Group Value Funds Class B Alliance Premier Growth Fd Class A American Century Quantitative Equity Baron Asset Fund Davis NY Venture Fund Inc Class A Gabelli Value Fund Inc Hartford Capital Appreciation Class B Janus Investment Worldwide Fund MFS Massachusetts Investors Trust Prudential Stock Index Fund Putnam International Growth Class A Total Money Market & Mutual Funds 1,019,608.59 1,019,608.59 1,031,864.04 Varies Demand 102,279.18 102,279.18 105,340.21 Varies Demand 223,943.05 223,943.05 271,414.38 Varies Demand 104,787.30 104,787.30 115,119.69 Varies Demand 100,091.78 100,091.78 113,232.09 Varies Demand 171,056.90 171,056.90 184,727.24 Varies Demand 109,359.29 109,359.29 110,689.54 Varies Demand 88,928.10 88,928.10 98,194.03 Varies Demand 100,409.29 100,409.29 107,682.67 Varies Demand 104,938.26 104,938.26 113,054.66 Varies Demand 101,773.34 101,773.34 114,310.55 Varies Demand 103,038.85 103,038.85 105,527.99 1,310,605.34 1,310,605.34 1,439,293.05 TOTAL INVESTMENTS (TO EXHIBIT A) 3,045,884.82 - 85,304.01 2,960,580.81 3,052,244.07