Loading...
HomeMy WebLinkAbout1999 11-22 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION November 22, 1999 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions. 2. Draft 2000 Meeting Calendar - Regular & Work Sessions - Council Retreat options for dates - Charter Commission - Special Meetings 3. Consolidation of Earle Brown Days Activities 4. West Mississippi Watershed Commission representative 5. Miscellaneous 6. Adjourn 3[ City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: November 19, 1999 Re: Draft 2000 Calendar The draft calendar does not include dates for Council retreats. Carl Neu would be available on the following Saturdays: February 5th February 26th He is coming for a League training session and would be available on Wednesday, January 5th or Thursday, January 6th. He would be available on Tuesday, February 8th or Wednesday, February 9th prior to work he is doing in Wilmar. These dates are included since they would reduce costs by having him here in connection with other work in Minnesota. Mr. Neu is available any Saturday in August. The Saturdays in August are: 5th 12th 19th 26th. The Draft calendar does not include a date to meet with the Charter Commission. I spoke with Carl Wolter regarding a joint meeting. He will discuss that topic at the January Charter Commission meeting and get back to me. The Draft calendar does not include the truth in taxation hearing date. This will be set in September when the preliminary budget is adopted. 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 Proposed 2000 City Council Meeting Schedule City Council Study Session begins at 6:00 p.m. in Conference Room B (B) Informal Open Forum with City Council begins at 6:45 p.m. in Conference Room B (B) Regular Session City Council meeting begins at 7:00 p.m. in Council Chambers (CC) City Council Work Session begins at 6:00 p.m. in Conference Room B (B) JANUARY APRIL (continued) AUGUST (continued) 10th 24th 28th • 6:00 p.m. Study Session (B) • 6:00 p.m. Study Session (B) • 6:00 p.m. Study Session (B) • 6:45 p.m. Open Forum (B) • 6:45 p.m. Open Forum (B) • 6:45 p.m. Open Forum (B) • 7:00 p.m. Regular Session (CC) • 7:00 p.m. Regular Session (CC) • 7:00 p.m. Regular Session (CC) 24th • 6:00 p.m. Study Session (B) MAY SEPTEMBER • 6:45 p.m. Open Forum (B) 1st 5th • 7:00 p.m. Regular Session (CC) • 6:00 p.m. Board of Equalization • 6:00 p.m. Work Session (B) 31st (CC) 11th • 6:00 p.m. Work Session (B) 8th • 6:00 p.m. Study Session (B) • 6:00 p.m. Study Session (B) • 6:45 p.m. Open Forum (B) FEBRUARY • 6:45 p.m. Open Forum (B) • 7:00 p.m. Regular Session (CC) 7th • 7:00 p.m. Regular Session (CC) 13th • 6:00 p.m. Work Session (B) 22nd • 5 p.m. Election Canvass (CC) 14th • 6:00 p.m. Study Session (B) 25th • 6:00 p.m. Study Session (B) • 6:45 p.m. Open Forum (B) • 6:00 p.m. Study Session (B) • 6:45 p.m. Open Forum (B) • 7:00 p.m. Regular Session (CC) • 6:45 p.m. Open Forum (B) • 7:00 p.m. Regular Session (CC) • 7:00 p.m. Regular Session (CC) 28th JUNE • 6 p.m. Study Session (B) 12th OCTOBER • 6:45 p.m. Open Forum (B) • 6:00 p.m.Study Session (B) 9th • 7:00 p.m. Regular Session (CC) • 6:45 p.m. Open Forum (B) • 6:00 p.m. Study Session (B) • 7:00 p.m. Regular Session (CC) • 6:45 p.m. Open Forum (B) MARCH 19th • 7:00 p.m. Regular Session (CC) 6th • 6:00 p.m. Work Session (B) 16th • 6:00 p.m. Work Session (B) 26th • 6:00 p.m. Work Session (CC) 13th • 6:00 p.m. Study Session (B) 23rd • 6:00 p.m. Study Session (B) • 6:45 p.m. Open Forum (B) • 6:00 p.m. Study Session (B) • 6:45 p.m. Open Forum (B) • 7:00 p.m. Regular Session (CC) • 6:45 p.m. Open Forum (B) • 7:00 p.m. Regular Session (CC) • 7:00 p.m. Regular Session (CC) 20th J U L Y • 6:00 p.m. Work Session With 10th NOVEMBER Commission Chairs (B) • 6:00 p.m. Study Session (B) 8th 27th • 6:45 p.m. Open Forum (B) • 5 p.m. Election Canvass (CC) • 6:00 p.m. Study Session (B) • 7:00 p.m. Regular Session (CC) 13th • 6:45 p.m. Open Forum (B) 24th • 6:00 p.m. Study Session (B) • 7:00 p.m. Regular Session (CC) • 6:00 p.m. Study Session (B) • 6:45 p.m. Open Forum (B) • 6:45 p.m. Open Forum (B) • 7:00 p.m. Regular Session (CC) APRIL • 7:00 p.m.Regular Session (CC) 20th 3rd • 6:00 p.m. Work Session (B) • 6:00 p.m. Work Session (B) AUGUST 27th 10th 14th • 6:00:p.m. Study Session (B) • 6:00 p.m. Study Session (B) • 6:00 p.m. Study Session (B) • 6:45 p.m. Open Forum (B) • 6:45 p.m. Open Forum (B) • 6:45 p.m. Open Forum p.m. (B) • 7:00 p.m. Regular Session (C) • 7:00 p.m. Regular Session (CC) • 7:00 p.m. Regular Session (CC) 17th 21st DECEMBER • 6:00 p.m. Commission • 6:00 p.m. Work Session (B) 11th Recognition (Constitution Hall) • 6:00 p.m. Study Session (B) • 6:45 p.m. Open Forum (B) • 7:00 p.m. Regular Session (CC) 3[ City Brook yn y f n Center y A great place to start. A great place to stay. MEMORANDUM DATE: November 18, 1999 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services { 1 SUBJECT: Consolidation of Earle Brown Days Activities At a recent meeting of the Earle Brown Days Committee, the idea of consolidating some of the Earle Brown Days activities was discussed. Per the attached memo, the Earle Brown Days Committee has requested that the City Council approve moving the music and fireworks associated with the Earle Brown Days from Sunday night to Saturday. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer �I m,...__..._ ....p:......,, . .. ,. Jim Glasoe - CH MEMb.VVPD' Page 1 Memo To: Jim Glasoe From: Sue LaCrosse Subject: Proposal To Change Day of Music& Fireworks Beginning June 24, 2000 Date: November 19, 1999 At the November 19 meeting of the Earle Brown Days Board of Directors, the following changes to the Earle Brown Days schedule of events were proposed: 1. Change the arts & crafts fair from a two day show to a one day show and extend the hours from 9 a.m. to dark. The date would be Saturday, June 24, 2000. 2. Add additional activities to Saturday's schedule to enhance the crowds, such as free entertainment, tennis event, softball games, and more. 3. Change the music and fireworks from Sunday evening to Saturday evening. The main reason for the proposed changes is that the committee has struggled to get people into the park during the day on Sunday. They have tried professional wrestling, entertainment, a children's art area, super jump, and Renaissance Festival entertainers. The only thing that really brings people into the park on Sunday is the fireworks. The proposed changes would enable the committee to schedule many activities throughout the day and evening on Saturday in Central Park. It is the committee's belief that even more people would attend the fireworks on Saturday evening because they do not have to go to work the next day. If Americana Fireworks Company is agreeable, Sunday evening could be used as a backup in case of inclement weather. This is a request for the Brooklyn Center City Council to approve changing the music and fireworks from Sunday to Saturday evening. Thank you. z City of Brooklyn Venter A great place to start. A great place to stay. To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: November 19, 1999 Re: Watershed Appointment Attached is the one application received for the West Mississippi Watershed Management Commission. The item is on the agenda for discussion regarding the changes occurring due to the recent legislation prohibiting staff representation. The Commission meets on week days from noon to 3:30 p.m. 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 APPLICATION FOR APPOINTMENT TO SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION NAME• HOME ADDRESR• �o /A/4P/AA /4 32 ILyv c TR Street City Zip BUSINESS OCCUPATION- BUSINESS ADDRESS- Street City Zip HOME PHONF4/C7/2 - v ���/� WORK PHONF- YEARS LIVED IN BROOKLYN CENTER • ef— 4 I have read the Joint Powers Agreement which defines the purpose, authority, and responsibility of the Shingle Creek Watershed Management Commission and the West Mississippi Watershed Management Commission. Yes, No_ Comment• I understand the importance of regular attendance and participation at Commission meetings and feel I have the time available to be an active participant (normally held at noon on the second Thursday of each month). Yes_X No_ Comment;— Please list special interests, qualifications and experience which make you a good candidate for a member of the this Commission. V � Signature r2 �_ l9? . Submit to: Sharon Knutson, City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 [wtrshd.appl City of Brooklyn Center VOLUNTEER OPPORTUNITY Vacancies Exist on Shingle Creek Watershed Management Commission And West Mississippi Watershed Management Commission Public Notice is hereby given that a vacancy exists for the position of Commissioner and Alternate Commissioner to the Shingle Creek Watershed and West Mississippi River Watershed Management Commissions, representing the City of Brooklyn Center. These positions are for a three -year term. Meetings are generally held from noon to 3:30 p.m. the second Thursday of each month. Persons interested in being appointed to serve on these commissions should call City Clerk Sharon Knutson at 569 -3300 for an application. Applications must be received on or before November 12, 1999. Appointments will be made by the Brooklyn Center City Council. Posted at City Hall and Community Center October 1, 1999. j" - KOUAHNC Sharon Knutson City Clerk ** REVISED CITY COUNCIL MEETING City of Brooklyn Center November 22, 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. November 1, 1999 - General Work Session 2. November 8, 1999 - Study Session 3. November 8, 1999 - Regular Session 4. November 8, 1999 - Tour of New Police Facility b. Licenses C. Approval of Minnesota Lawful Gambling Application for Authorization for an Exemption from Lawful Gambling License (Raffle) Submitted by Proper Economic Resource Management for an Event to be Held March 4, 2000, at Earle Brown Heritage Drive e Center, 6 55 Earle Brown g , • CITY COUNCIL AGENDA -2- November 22, 1999 7. Planning Commission Items a. Planning Commission Application No. 99010 Submitted by Wickes Furniture Company, Inc. Request for a Special Use Permit to allow the sale of merchandise on a limited basis at the new Wickes Distribution Center. The Planning Commission recommended approval of this application at its November 10, 1999, meeting. -Requested Council Action - Motion to approve Planning Commission Application No. 99010 subject to the conditions recommended by the Planning Commission. b. Planning Commission Application No. 99011 Submitted by RSP Architects (on behalf of Red King). Request for Site and Building Plan approval and a Special Use Permit for the last building at 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 November 10, 1999, meeting. -Requested Council Action - Motion to approve Planning Commission Application No. 99011 subject to the • conditions recommended by the Planning Commission. 8. Council Consideration Items a. Resolution Accepting Offer on the Sale of $1,585,000 General Obligation Improvement Bonds, 1999A, and Providing for Their Issuance -Requested Council Action: - Motion to adopt resolution. b. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Velma Throldahl -Requested Council Action: - Motion to adopt resolution. C. Staff Report Re: Twin Lakes Study -Requested Council Action: - Receive report. d. Resolution Authorizing the Transfer of Surplus Funds from the General Fund to the Special Assessment Construction Fund and the Capital Improvement Fund -Requested Council Action: - Motion to adopt resolution. • CITY COUNCIL AGENDA -3- November 22, 1999 e. Resolution Supporting and Encouraging Quality K -12 Educational Opportunities for Brooklyn Center Residents -Requested Council Action: - Motion to adopt resolution. f. Resolution Encouraging Metropolitan Council to Address the Long -Term Needs of Transit Patrons at the Brooklyn Center Transit Hub -Requested Council Action: - Motion to adopt resolution. g. Resolution of Support for the Reappointment of Donn Wiski as Chair of the Transportation Advisory Board -Requested Council Action: - Motion to adopt resolution. h. Resolution Adopting Guidelines for Funding of Social Services Budget Code 345 -Requested Council Action: - Motion to adopt resolution. i. Resolution Supporting the Brooklyn Center Year 2000 Celebration Committee's Application to be the Official Millennium Committee in the City of Brooklyn Center -Requested Council Action: - Motion to adopt resolution. 9. Adjournment ccV44 • , • _ i ii► HEALTHY YOUTH idn r %., for O ts Practical Suggestions for Building Assets in Your Child The Importance of Boundaries and 0 ASSET E TYPE T Expectations ions S earch of 12th graders do. Institute But why are boundaries important? and researchers Sometimes a life without limits — eating, found that sleeping, playing, and working whenever we FMeddfions young people want— sounds appealing. Most of us realize, have fewer however, that this type of life would be The more your ©\ boundaries as chaotic. No one would know what to expect, chi ld has clear, I they get older. no one would seem to care (except about While it's normal themselves), and we would probably end up consistent and healthy for feeling frustrated most of the time. boundaries and teenagers to take Boundaries are important to our children high expectations, more responsibility because they give clear messages about what's the more like/ for themselves as expected. Every day young people face many y they grow, the problem is that not enough options and choices. Without boundaries to he or she a) X young people have clear boundaries in the guide them, they may feel unsure and grow up hea /thy. first place. Positive peer influence is one confused —and make unhealthy decisions. boundary asset (see 6 KeyAreas of Boundaries With boundaries, they have the supports that and Expectations below) that can help youth help them choose wisely and grow up healthy. 5 �Q / make good decisions for themselves. But while 82% of 6th graders report that their best 6 Key A reas of Of yo uth sar friends model responsible behavior, only 49% Boundaries and S r , ntitute Expectations Wdtch the next six newsletters ior Brien at m o r e Weds I I I I I I l i ' Search Institute researchers have identified six t thre °f I I , I , assets in the area of boundaries and expecta- bnd- tions that are crucial for he /piny young people the s�z grnttl up healthy. Check your family's areas of oriel ns d & fi Helpful Hints strength: ratio Tips thdtmdke boundaries easier: ❑ Family boundaries — Family has clear rules • Discuss boundaries with teachers, codches, and consequences, and monitors the young " employers, clergy, and adults in other person s whereabouts. laces where child g oes SO that all ❑ School boundaries — School provides c lear What Are Assets P y our 9 rules and consequences. boundaries dre consistent. Assets are ❑ lVeiyhborhood boundaries— lVeiyhbors take // key bui lding ' When you're unsure about setting dnd responsibility for monitoring young peoples enforcing boundaries, seek advice from behavior. blocks to help another drent or d teacher. P ❑ hdu /t role mode /s— Parent(s) and other kids .succeed. . Involve your children in fdmily meetings to adults model responsible 6ehavior discuss boundaries dnd what happens ❑ Positive peer influence —Young person's (lased on Search tnstrtute when boundaries dre violdted best friends mode/ responsible behavior surveys of almost 100,000 . Think of boundaries ds something positive ❑ Nigh expectations —Goth parent(s) and 6th- to 12th - 9rade youth throughout the Wmd State, rather than something negative! teachers encourage the young person to do t e //. Boundaries Through The 4 Cs of the Years Boundaries and Age ways to Set and Uphold Boundaries for Your Child Expectations Clear — Everyone should 01 Know that children at this age don't intentionally violate 08 know what to expect. standards. o Distract your child from inappropriate behaviors and draw Concise —The shorter the attention to appropriate ones. explanation, the better. 2 -3 Enforce boundaries consistently so children learn them more Creative —Kids respond easily. better when boundaries Give simple, understandable boundaries, such as "Don't bite" or are clever and creative. "Be quiet." 4 -5 Don't just tell your child what and what not to do. Demonstrate Consistent — Standards appropriate ways of behaving. are more likely to be Be calm when your child acts out in highly emotional ways. honored when you 6 -10 Be firm about safety boundaries. Q consistently uphold them. Be consistent with the consequences for violating boundaries. ' 1115 Negotiate new boundaries as your child grows older. Be patient, calm, and consistent as young adolescents test the boundaries you set. M ore stuff You 16 -18 Respect growing privacy needs while still showing interest in Can Use your teenager's activities and friends. Discipline That Works. This book helps Help your teenager think about future goals, and the discipline adults help children and youth become and boundaries required to reach them. self - reliant, make positive decisions, and Quick Tip: control their own behavior. (Available from Pen ui Set Clear boundaries g n Books, 375 Hudson Street, and expect the best. New York, NY 10014,1 -800- 331-4624.) ViNaL Wc,- D "Children need d consistent, positive approach to become emotionally mature. Be clear about what behaviors are acceptable dnd what behaviors are unacceptable:' —Alice S. Honig, author of Love A Learn, a parenting book This newsletter and other asset resources are produced by Search Institute, 700 South Third Street, Suite 210, Minneapolis, MN 55415; 1. 800.888 -7828. Copyright © 1997 by Search Institute. Major support for Search Institute's Healthy Communities • Healthy Youth initiative is provided by Lutheran Brotherhood, a fraternal benefit society that specializes in insurance, annuities. and investment products. Upcoming Meetings Together for kids of the Champlin Park Cluster Healthy Communities, Health Youth of Brooklyn Park December 8 at 7:30 - 8:30 a.m. January 11 at 2:30 -3:30 p.m. "Call for location" Brooklyn Peacemaker Center, Inc. Contact: Joan Molenoar, Coordinator - 506 -6847 5637 Brooklyn Blvd., Brooklyn Park Contact: Beth Becker, Coordinator - 560 -6050 Healthy Communities, Healthy Youth of Maple Grove School Safety November 18 at 7:15 - 8:30 a.m. Old Country Buffet, 13603 Grove Dr., Maple Grove Contact: Debbie Coss, Coordinator - 494 -6166 City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA GENERAL WORK SESSION NOVEMBER 1, 1999 CITY HALL CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center City Council met for a general work session at Brooklyn Center City Hall and was called to order by Mayor Myrna Kragness at 7:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, and Recording Secretary Maria Rosenbaum. Others present were Sy Knapp and Nancy Carlson. ® Councilmember Hilstrom informed the Council of a complaint she received about the property at 7000 Oliver Avenue North and shared photos of the property. A letter was accompanied with the photos regarding the property. Council discussed the property and the action that needs to be taken immediately. City Manager Michael McCauley advised that the matter would be referred to the prosecuting attorney immediately. Councilmember Hilstrom requested that the Council be kept informed as to the status of the prosecutor's actions on this matter. Mr. McCauley indicated that the Council would be kept informed. REVIEW OF GOLF BUDGET Mr. McCauley reviewed that the golf budget continues with a five year plan and that there are no new changes for operation. Council discussed some of the expenses included in the five year plan, the park shelter building use, the liquor license for selling beer at the golf course, and the repair of the roof at the clubhouse. Councilmember Lasman asked about having the City's insurance company check the roof for hail damage from previous storms. Mr. McCauley said that is something that could be explored with the insurance company. 11/01/99 -1- DRAFT • REVIEW OF LIQUOR BUDGET (CUB LEASE AND 2000 PRO FORMA) Council discussed the potential liquor store at the Cub location and the closing of the Humboldt and Brooklyn Boulevard liquor store y o q s. Councilmember Hilstrom asked about the additional staff included in the budget for 2000. Mr. McCauley responded that the additional full -time Assistant Manager has been added in order to adequately staff the new two store configuration and that reduction of part-time staffing will help offset the cost of full -time staff. DISCUSSION OF JOSLYN WATER HOOK UP CHARGES Mr. McCauley discussed in the process of platting the Joslyn Development into three parcels there is approximately $100,000 plus in water hook up fees. As a superfund site the redevelopment of this site involves costs that the City is attempting to overcome through tax increment and substantial grants from the State and Metropolitan Council. Two options were provided in the materials for Council consideration: • Amend the tax increment agreement to increase the amount of tax increment by the amount of the hook up fee. • Waive the hook up fees based on the unique nature of the development in a superfund site recognizing the extraordinary obstacles to its development. Mr. McCauley recommended waiving the hook up fees waived on the unique nature of the development in a superfund site since the hook up fees were created back in the 1950s and 1960s when mains were installed. Council discussed the charges and it was the consensus of the Council to have Mr. McCauley bring this matter back to the Council at the next meeting. DISCUSSION OF AMM (ASSOCIATION OF METROPOLITAN MUNICIPALITIES) LEGISLATIVE POLICES Mr. McCauley discussed the AMM (Association of Metropolitan Municipalities) requested that the City Council identify its top five priorities for the next Legislative session. 11/01/99 -2- DRAFT Council discussed and the consensus of the Council was the followin g for priorities: • 1 st LGA/HACA 2nd Tax Increment Finance 3rd Levy Limits 4th Growth Management Strategy 5th Mandates and Local Authority Mr. McCauley will send the Council's priorities to the AMM. DISCUSSION OF CITY COUNCIL CALENDAR FOR 2000 Council discussed whether or not to continue the 6:00 p.m. study session. After discussion it was the consensus of the Council to continue the study sessions at 6:00 p.m. It was also the consensus of the Council that work sessions start at 6:00 p.m. to be consistent. Mr. McCauley asked the Council if they would like to have a joint meeting with the Commission Chairs and a Commission Recognition event in 2000. It was the consensus of the Council to have a joint meeting with the Commission Chairs and a Commission Recognition event in 2000. Mr. McCauley informed the Council that there will probably be one to two joint meetings with the Planning Commission sometime in January or February. Councilmember Hilstrom suggested joint meetings with the commissions when issues arise. Council discussed the possibility of having a joint meeting with the Charter Commission. Mr. McCauley said this is something that could be explored. Mr. McCauley suggested scheduling both Council Retreats at one time for planning purposes. It was the consensus of the Council to have both dates scheduled for Saturday mornings. Mr. McCauley will check into the dates available and report back to the Council. It was the consensus of the Council to continue to have City Council meetings on the second and fourth Mondays of each month. DISCUSSION OF PROCESS AND TIMING FOR CITY MANAGER EVALUATION Council discussed the format used last year for Mr. McCauley's evaluation and what the format should be for this year. Councilmember Hilstrom asked for more time for Council discussion to develop a group evaluation and information from Mr. McCauley on his review of what had been accomplished in the year. 11/01/99 -3- DRAFT After further discussion, it was the consensus of the Council to combine the short and long format for the evaluation. Mr. McCauley will prepare the format and bring back to Council at the November 8 meeting, and the evaluation will take place on November 16, 1999. MISCELLANEOUS Council discussed the new police building. It was the consensus of the Council to have a tour of the new police building after adjournment of the November 8 City Council meeting. Mr. McCauley discussed the status of Brookdale. Mayor Kragness suggested a letter to Talisman reminding him of the time line he is on and requesting the changes in the design of Brookdale. Councilmember Nelson discussed the voting taking place in School District 11 on Tuesday, November 2, 1999. ADJOURNMENT Councilmember Lasman made a motion to adjourn the meeting at 9:09 p.m., seconded by Councilmember Nelson. Motion passed unanimously. City Clerk Mayor 11/01/99 -4- DRAFT I MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION NOVEMBER 8, 1999 CONFERENCE ROOM B CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in study session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, and Recording Secretary Maria Rosenbaum. City Manager Michael McCauley informed the Council of an accident involving two Brooklyn Center Police employees and one squad car on Saturday, November 6,1999. Mr. McCauley also informed the Council of a matter with Media One. CITY COUNCIL DISCUSSION ON AGENDA ITEMS AND QUESTIONS Council discussed several items on the agenda. Councilmember Nelson informed the Council that there were persons that wanted to speak with the Council regarding City Council Item 7b and that the persons were not able to attend this meeting. He asked if the item could be deferred to November 22, 1999. Mr. McCauley said there was going to be a representative from District 281 and that perhaps keeping this item on the agenda would be a good idea. After discussion it was the consensus of the Council to leave the item on the agenda. DISCUSSION OF EVALUATION FORM Council discussed the materials enclosed with the agenda. The consensus of the Council was that the combination of the short and long forms were acceptable. is 11/08/99 -1- DRAFT Mr. McCauley will prepare a final form for the evaluation on November 16, 1999. MAYOR KRAGNESS: INFORMATION ITEM REGARDING SANITARY FACILITIES AT CONSTRUCTION SITES Mayor Kragness discussed the information she received regarding sanitary facilities at construction sites. Council discussed the effectiveness of this issue and what options would be appropriate. After further discussion it was the consensus of the Council to defer this matter to another study session. CITY REPRESENTATIVE ON NORTH METRO CONVENTION AND VISITORS BUREAU Mr. McCauley requested input from the Council about appointing a Councilmember or a staff member to the Board of Directors of the North Metro Convention and Visitors Bureau. Mayor Kragness mentioned she would like to know when the meetings would be and that she might be interested. Mr. McCauley will check into the dates and times. MISCELLANEOUS Councilmember Hilstrom informed the Council she received calls regarding traffic problems at Twin Lake North Apartments and that she wanted to bring the issue forward to the Council. Councilmember Hilstrom asked who owns the road at Earle Brown Commons and takes care of the • maintenance of the road. Mr. McCauley will check into this. Councilmember Hilstrom informed the Council that she had spoken to 45 residents at different locations and that of the 45 residents, not one of them are using senior transportation. ADJOURNMENT The Council adjourned the study session at 6:58 p.m. City Clerk Mayor 11/08/99 -2- DRAFT 0 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 8, 1999 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in study session at 6:00 p.m., and continued to the informal open forum. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Assistant City Manager/HR Director Jane Chambers, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. No on appeared at the informal open forum. • ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Peppe, seconded by Councilmember Hilstrom to adjourn informal open forum at 6:58 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:02 p.m. 11/08/99 -1- DRAFT 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Assistant City Manager/HR Director Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Nelson reported that he along with Mayor Myrna Kragness and Councilmember Lasman attended the Superintendent Summit for Asset Building and that there were more than 120 people. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Kragness noted there were two items added to the consent agenda. Consent agenda item 6e and 6d. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES • A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the minutes from the eneral work session on October 18 1999 and the stud and regular sessions on October g Y g 25, 1999. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve the following list of licenses. Motion passed unanimously. MECHANICAL Osseo Stove & Feed, Inc. 115 Central Ave, Osseo Mechanical Solutions, Inc. 541 N Wheeler St, St. Paul NewMech Companies, Inc. 1633 Eustis Street, St. Paul 11/08/99 -2- DRAFT RENTAL Renewal: 5448 Humboldt Ave N Lorri Kaas 5900 Camden Ave N Patti Zoerb 4702 68th Ave N Jeffrey & Nicole Garvey 4708 -12 Twin Lake Ave Byron & Nancy Mach 5337 -39 Queen Ave N Mike Haase Basswood Apartments Midwest Management (James Lupient) Initial: 857 70th Ave N Michelle Arechiga SIGN HANGER Crosstown Sign, Inc. 10166 Central Ave NE, Minneapolis RESOLUTION APPROVING ISSUANCE OF AN OFF SALE 3.2 MALT LIQUOR LICENSE TO DIAMOND LAKE 1994 L.L.C., DBA/CUB FOODS RESOLUTION NO. 99 -169 Councilmember Nelson introduced the following resolution and moved its adoption: s RESOLUTION APPROVING ISSUANCE OF AN OFF SALE 3.2 MALT LIQUOR LICENSE TO DIAMOND LAKE 1994 L.L.C., DBA/CUB FOODS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6c. APPROVAL OF MINNESOTA LAWFUL GAMBLING APPLICATIONS 1. APPLICATION TO CONDUCT EXCLUDED BINGO SUBMITTED BY WILLOW LANE PTA FOR AN EVENT TO BE HELD NOVEMBER 19,1999 2. APPLICATION FOR EXEMPT PERMIT TO CONDUCT BINGO SUBMITTED BY EVERGREEN PARK ELEMENTARY SCHOOL FOR AN EVENT TO BE HELD JANUARY 21, 2000 A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to approve application to conduct excluded bingo submitted by Willow Lane PTA for an event to be held November 19, 1999, and an application for exempt permit to conduct bingo submitted by Evergreen Park Elementary School for an event to be held January 21, 2000. Motion passed unanimously. • 11/08/99 -3- DRAFT i i 6d. RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT APPROVAL - BROOKLYN CENTER POLICE STATION RESOLUTION NO. 99 -170 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT APPROVAL - BROOKLYN CENTER POLICE STATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6e. RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT APPROVAL - FIRE STATION WEST RESOLUTION NO. 99 -171 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT APPROVAL - FIRE STATION WEST The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7a. RANDOM ACTS OF KINDNESS Mayor Kragness requested to have each nomination letter read. Council Members took turns reading each nomination and Mayor Kragness and Councilmember Peppe then handed out the certificates. Mayor Kragness thanked all for their random acts of kindness. Following is a list of the persons nominated: Jean Schiebel Volunteer in Brooklyn Center Community many years Gloria Bedbury Volunteer in START (Student and Tutor Are Reading Together) Program in Robbinsdale area schools Carol Weber Volunteer in Adult Academic Program in Robbinsdale area schools 11/08/99 -4- DRAFT . Doris Patterson Volunteer in Title I Reading Program in Robbinsdale area schools Norma Kinghorn Volunteer tutor in Robbinsdale area schools since 1989 Ray Zirkle Retired engineer devoting time to students Don Buckingham Former engineer mentors students Len Lasman Helped a neighbor who had been locked out of her home Unknown Bus Driver Assisted bus rider who was waiting in the cold Brooklyn Center Firefighters For aide and assistance in house fire, thoughtfulness to victims Doug Curtis Brooklyn Center Cares Project volunteer Gary Curtis Brooklyn Center Cares Project volunteer Nancy Curtis Brooklyn Center Cares Project volunteer Tessa Curtis Brooklyn Center Cares Project volunteer Gary Ellis Brooklyn Center Cares Project volunteer Daryl Hansen Brooklyn Center Cares Project volunteer Brooklyn Center Lions Club Providing patio furniture for elderly resident, sponsoring Challenger Baseball Program for handicapped children, building a wheel -chair ramp at home of Brooklyn Center resident providing eye exams and lasses for low- income Y ,p g Y g Brooklyn Center residents Karen Youngberg Active community member volunteering at Brooklyn Center Family Resource Center, serves on Community Education Advisor Council, and active member of Brooklyn Center Rotary 7b. COUNCILMEMBER NELSON: DISCUSSION REGARDING BUDGET REDUCTIONS IN ROBBINSDALE AREA SCHOOLS City Manager Michael McCauley requested to defer this item until later in the meeting since there tY g Y q g was no representative from District 281 resent at that time. P p • 11/08/99 -5- DRAFT 8. PUBLIC HEARING 8a. AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE RESOLUTION AMENDING THE SCHEDULE FOR PLANNING AND INSPECTION FEES Mr. McCauley discussed there were two P arts to this item. The first would be the ordinance amendment to Chapter 3 which is merely a housekeeping item to reflect minor changes. The permit fees reflects a change in the computation of plumbing permit fees. In the past, certain types of plumbing fees were based on a charge per fixture. To be consistent with the computation of all permit fees, plumbing permit fees will be based on 3 percent of the valuation of the work being done for all permits. The second item is a resolution amending the schedule for planning and inspection fees which reflect the following changes: • Plumbing, sewer and water, fire suppression, and mechanical permit fees are listed separately as they are each entered on separate permit application forms with separate fee computation. • A fire suppression plan review fee (65 percent of the base permit fee) has been added for all new commercial construction as provided for in the UBC - Section 107.3. • A minor modification was made to the mechanical permit fees for tank removal or installation. In the past, fees were computed based on a flat fee for each tank. The change reflects a permit fee based on valuation of the work. • A reinspection fee ($47 per hour) has been added when a reinspection is necessary to verify completion of corrections as provided for in the UBC - Section 108.8. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. Councilmember Hilstrom asked if the City had any storage tanks in the works at this time. Mr. 11/08/99 -6- DRAFT • McCauley said there is one being dealt with that is beyond the compliance date. ORDINANCE NO. 99 -18 Councilmember Hilstrom introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 99 -172 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE FOR PLANNING AND INSPECTION FEES The h motion for the adoption of the foregoing resolution was duly seconded by Councilmember g g Y Lasman. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. BUILDING PERMITS Mr. McCauley discussed this item was on the agenda per Council's request. The Council had requested information relating to the issuance of building permits, primarily over the City's q g gp p Y Y requirement for a permit when replacing existing windows. Like all other metro area communities, Brooklyn Center had adopted and is subject to the Uniform Building Code (UBC). The UBC applies to all construction, alteration, demolition, repair, and maintenance of any building within Brooklyn Center. By law it is unlawful to undertake any such activity in violation of the UBC standards including failure to obtain a building permit. The intent of the building code is to ensure that buildings are erected, maintained, and utilized in a manner that will minimize the risk of life, health, and public safety. The codes are written to provide reasonable standards regulating the design, construction, quality of materials, location, use and occupancy of all buildings within the City. Mr. McCauley shared with the Council some pictures of properties that were inspected and not compliant with the UBC and asked the Council if they had any questions. There were no questions from the Council. 11/08/99 -7- DRAFT • 9b. RESOLUTION EXPRESSING APPRECIATION OF THE GIFT OF THE 10 BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL HALLOWEEN PARTY AND HOLLY SUNDAY ACTIVITIES Councilmember Lasman read the resolution expressing appreciation of the donation from the Brooklyn Center Lion's Club of $400 for the designated use of the annual Halloween party, and $2,000 designated for the annual Holly Sunday activities. RESOLUTION NO. 99 -173 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION OF THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL HALLOWEEN PARTY AND HOLLY SUNDAY ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9c. RESOLUTION AUTHORIZING THE CONVEYANCE OF PROPERTY ON BROOKLYN BOULEVARD AND ON 69TH AVENUE TO HENNEPIN COUNTY FOR HIGHWAY EASEMENTS NECESSARY TO CONSTRUCT IMPROVEMENT PROJECT NO. 1999-04, BROOKLYN BOULEVARD, 65TH AVENUE TO 71ST/NOBLE AVENUES Mr. McCauley discussed this resolution would authorize the conveyance of property on Brooklyn Boulevard and on 69th Avenue to Hennepin County for highway easements necessary to construct Improvement Project No. 1999 -04. This property is necessary for the widening of Brooklyn Boulevard. RESOLUTION NO. 99 -174 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CONVEYANCE OF PROPERTY ON BROOKLYN BOULEVARD AND ON 69TH AVENUE TO HENNEPIN COUNTY FOR HIGHWAY EASEMENTS NECESSARY TO CONSTRUCT IMPROVEMENT PROJECT NO. 1999 -04, BROOKLYN BOULEVARD, 65TH AVENUE TO 71ST/NOBLE AVENUES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 11/08/99 -8- DRAFT . 9d. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN THE BROOKLYN CENTER'S ADOPT -A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS Mr. McCauley shared a list of organizations who participated in the 1999 adopt -a -park, adopt -a- trail, and adopt -a- street programs. Parks Arboretum — Girl Scout Troop #1469 Bellvue — Brooklyn Center Lioness Club Bob Cahlander Park — Todd Paulson Family Brooklane — Garden City Elementary Central — Brooklyn Center Rotary Club Evergreen Park — Evergreen Park School & PTO Evergreen Park— Bullfrogs & Butterflies Childcare Firehouse Park — Brooklyn Center Charter Commission Freeway Park — Friends of Freeway Park Garden City Park — Brookpark Dental Center Grandview — Earle Brown Elementary Happy Hollow — Boy Scout Troop #401 Kylawn — Orchard Lane Elementary Lakeside Park & Marlin Park — Park & Recreation Commission Lions Park — Girl Scout Troop #1789 Northport — Cub Scout Pack #299 North Mississippi Regional Park —Cub Scout Pack 401 Orchard Park — Kids On The Move Daycare Palmer Lake East — Cub Scout Pack #454 Palmer Lake West — Palmer Lake Elementary Riverdale — Friends of Riverdale Park Shingle Creek Park N — Children's Residential Services Twin Lake North — Ray Beach Twin Lake Penninsula — Tim Olson Wangstad — Brookdale Chrysler Plymouth Willow Lane — Willow Lane Student Council 11/08/99 -9- DRAFT Streets 0 County Road 10 — Brooklyn United Methodist Church Dupont Avenue North — Loonie Weavers Freeway Blvd. East — Barnacle Bill's Steak & Seafood Freeway Blvd. West — Minneapolis North Hilton Shingle Creek Pkwy South — Target, B.C. "Good Neighbors" Summit Drive — Allina Receivable Services West River Road — Riverwood Neighborhood Association Trails Lilac Drive — B.C. Lions Club Palmer Lake Trail — Rise Creative Partnerships Shingle Creek South — Boy Scout Troop 454 Councilmember Nelson requested to have these organizations published in the City Watch. RESOLUTION NO. 99-175 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN THE BROOKLYN CENTER'S ADOPT - A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9e. RESOLUTION AUTHORIZING PARTNERSHIP AGREEMENT WITH UNITED STATES CENSUS Mr. McCauley discussed the City had been requested to enter into a partnership agreement with the Kansas City Regional Census Center for the 2000 count. This resolution would authorize Mayor Kragness to enter into a non - binding partnership agreement and issue a proclamation endorsing the Census in complete count efforts. Second, it would authorize the City Manager to have the City of Brooklyn Center participate in activities such as distribution of information regarding the Census in City Watch newsletters, the display of Census 2000 promotional materials, posting of Census jobs, identification of hard to enumerate areas in the community, and seeking ways to publicize the Census count. 11/08/99 -10- DRAFT RESOLUTION NO. 99 -176 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PARTNERSHIP AGREEMENT WITH UNITED STATES CENSUS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9f. RESOLUTION ESTABLISHING 2000 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES Mr. McCauley discussed this resolution would establish the 2000 street and storm drainage special assessments. Staff recommended the assessments for 2000 be increased to a per unit rate for street reconstruction of $2,180 per parcel and for storm drainage improvements $710 per parcel. The total assessments for 2000 would be $2,890 per parcel, compared to $2,810 in 1999, which is a 2.8 percent increase. RESOLUTION NO. 99 -177 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING 2000 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9g. RESOLUTION AUTHORIZING LEASE FOR LIQUOR STORE AT CUB FOODS DEVELOPMENT SITE Mr. McCauley reviewed the outline of terms for leasing a store at the Cub Foods development site. The City is responsible for pro rata share of common area maintenance and management costs and real estate taxes on the lease premises. The estimate is $6.19 for common area maintenance and taxes. The Developer is to provide space ready for the City finish and equip which is estimated in the $150,000 to $190,000 range. Funds to finish would ultimately come from the sale of the Humboldt liquor store. The funds would be advanced as a loan. If the school district deal is finalized, that would be the source of the payments on the loan. • 11/08/99 -11- DRAFT RESOLUTION NO. 99 -178 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING LEASE FOR LIQUOR STORE AT CUB FOODS DEVELOPMENT SITE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9h. RESOLUTION SETTING WATER CONNECTION FEE FOR JOSLYN SITE REDEVELOPMENT Mr. McCauley discussed this resolution would set $25,000 as the complete and total connection fee that would be charged for water connections from the Joslyn redevelopment site to the City's water system to be apportioned between three parcels. RESOLUTION NO. 99 -179 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION SETTING WATER CONNECTION FEE FOR JOSLYN SITE REDEVELOPMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9i. CANCELLATION OF MONDAY, NOVEMBER 15,1999, WORK SESSION, AND RESCHEDULING TO TUESDAY, NOVEMBER 16,1999 Mr. McCauley requested cancellation of the Monday, November 15, 1999, work session and rescheduling to Tuesday, November 16, 1999, due to a Council Member having a conflict with November 15, 1999. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to cancel Monday, November 15, 1999, work session and reschedule to Tuesday, November 16, 1999. Motion passed unanimously. 11/08/99 -12- DRAFT a CONTINUATION OF COUNCIL ITEM 7B - DISCUSSION REGARDING BUDGET REDUCTIONS IN ROBBINSDALE AREA SCHOOLS Councilmember Nelson requested to table this item to the November 16, 1999, work session since no representative appeared from the School District 281. A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to table item to the November 16, 1999, work session. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the meeting at 7:44 p.m. Motion passed unanimously. City Clerk Mayor • 11/08/99 -13- 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 CITY COUNCIL TOUR OF NEW POLICE FACILITY NOVEMBER 8,1999 Council adjourned the Economic Development Authority meeting at 7:45 p.m. to go on a tour of the new police facility. Chief Joel Downer gave a tour of the new facility and answered questions from the Council. 11/08/99 -1- DRAFT City Council Agenda Item No. 6b =31 City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: November 17, 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 November 22,1999: CHRISTMAS TREE SALES LOT PQT Company 21050 Lake George Boulevard, Anoka SIGN HANGER LeRoy Signs, Inc 6325 Welcome Ave North MECHANICAL Burnsville Heating and Air 12481 Rhode Island Ave S, Savage RENTAL Renewal: 4201 Lakeside Ave N 4206 Germaine Pawelk 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action/ Equal Opportunities Employer • City Council Agenda Item No. 6c i �RnQVLYN CENLe BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police r DATE: November 5, 1999 SUBJECT: Application for Authorization for an Exemption from Lawful Gambling License (Raffle) Proper Economic Resource Management On November 5, 1999, the Brooklyn Center Police Department received an Application for Authorization for an Exemption from Lawful Gambling License (Raffle) from the Proper Economic Resource Management. This application is for an event to be held at the Earle Brown Heritage Center on Saturday, March 4, 2000. This application has been approved and returned to the Proper Economic Resource Management representative who will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. JD:kh permlmem 41 LG220 For Board Use Only Revos/ss Minnesota Lawful Gambling Fee Pell -fr. . Application' for Authorization for an Check # Exemption,from Lawful Gambling, License. Initels Date Recd :H n '6d1 r.f 'hN ": y iilr•:NY "�!' x!,r'q;: �'.,,: ej i'4� 'I'! � ! !..�, .�.. 'I I '�q;r. l INS �� + 'i p :�, .,!,4!n !. �'� +.• i: a. r .r .n . {.. ;L. �!: ,.. ,{ 1� :.b, :! -x. NUr'G"r ,. {' r. gr.41 �llailp'' �� � r:,''..: .:null! ; . E,.. ',::a•'•'riq:: , ,r ,, �!..t�:m'i:, a,!:N. t. '� ''� '� .a. .',IY; r!. ,.: ,n! �,rlllili I�I. ,ii ,'I'4. � N':I :, u• , IN.I J. .,�NN� .��! fll xgtl� ,, IIISY r :, I,�r �6 4 N'I I!:. ,��� p!,,� ! , r I { -��i� ! ' ! :i! ��K� rir9'U ,., ' NI4•�I! I�5 tai'! ii. i i I r l ., I �..YWLP,,y i„':, I I (!' r i I , I �� . I. 1!4 � x . ,. ;, : I9' ; , 4!µ 4 U :rF:. HP �I�`::r. :!.; y l i ,. xrl C�dl;.!'plt k�i i,'l4rn! I. x!p�M; I! !N 1 I I.P't�ut!.�:, rilA ! 4'Ii. r '0 !''!I Ir'" !' i ,r!P,;; i. II •: �� � � q{ ;;.I,I :., t. z �i.o►�':� nfor it u . �: .:!I,,:�. !'.I:.I. �',. ,n,t r.!!L.r1.. .!., ':k; :t'II n ! ..}..,.., ! a .u•:ta'r.,. , !: °'d .t ! I I... ^!a!!: - .q „• :: t,... !. !.. k •' 1 .I' t i. .. �! , N1 Y!aN .!'I!'r ;!•P ,', I! �I I1, 1 d :P,IrW. !.! r.;x • 4 ,.!,.; w l l .., 10M !! r'1' n: '!: :5..I. :111A. ,.n f..t!; !,! k I I rr '+ hI N';: ..IH..I !.Lr !.,, A IL, :.. ,, �!5i.,!Nxxx.: ...I�;.. W!i. Wr.r ,d�!� � �!! tN! i4tl+ Ifi' y!! r! �! �: i�.:,.., 6s: 6 ,) k!. d�+ 4', gg�. id!.'id+.n ✓',:.I.r A °II.I ,Iny :,:�I IIifM�ll!I,�p4,. ..�!. P.Prt..'!. M!; ld�.� {I! {: r:�ll.!IH bN, rI �iWrt!fll•CLIil!,�k��.f h!'I Organization Name � . i' ._ Previous lawful gambling exemption number � - &M omfc 2 urc r►�i�na5r °Y� Street City State Zip Code County Name of Chief Executive Officer of organization (CEO) Daytime Phone number of CEO First Name Last Name Name of Organization Treasurer Daytime Phone Number of Treasurer First Name Last Name .1.. r. . „h.. f!4 �r �T Y r 4 "' Check the box below which best describes Check the box that indicates the type of proof attached to this application your organization by your organization: 1 IRS lerer indicating income tax exempt status Q Fraternal Q veterans Certificate of good standing from the Minnesota Secretary of State's office ED Religious M 0 A charter showing you're an affiliate of a parent nonprofit organization Other nonprofit 21Proof previously submitted and on file with the Gambling Control Board . .. _ .. - r i:, r.. l -r„n, r!x;,p..:. •: ::!e':.,:, y! •�4 ; r.,,r , ntP .,; . prN.,; ',..41:'! .. I "'• I" 4lN r 1 :;; ,.!'N� x..t,l.l.,.. :. �hl!ftll��.., .ra (' *�p "n a. •! +r. Y `' 'Y.: n . .: I „I,p � ,ff Pka . Y�' r, I , hh k 9x'1.11.. ' !449 , :.lf U m., .! 1! I '�'�' I r 0: 1.. tr!. :0N. •!I! f. :5., M ,"! fqr , :1 4 ..!I "�... �i�,.1..: ,.:. �: ,. I .,, ul r :kA�4 II � ..:. ;H+!! ,;I� :!1 , V.•. r ,'.!� :i !!. ::p,:::; .!�• +. .. .:•.; .. :.'I::r.l `.. ... :...i ":� v�, �.1:!<ry'!�.:.: �. 4. •w: M4. .11 .. .:I... ......, rJl . ::. .... :,.!,.,, .n. § 1. : .41 YoA 7.YA :.. .1.• , '"!�ia!r .N<1r;,,. : . .,,, ,:.. .. ... tA:,... :! .!•N. h 1 1�1 ':I'i!' .F.4.1., .:I ,. :.;,,�. r ., :,!. nl �V�i'a.� u 4. , r.l ...f V.!' I . , . r tua..r .. t:,!.. •, .:, .u,.S �lr.';d�•!�!Y4..,. :.:.:•,,... :,9. .. w'9 rr': .1:.. . N;;. . . , o...l.- r;: NS. r. r �::........ r: �. �..!,: wurr ;l:xx�i {%�,.a...4:..,,N.: :., r,,. "�.:�'.5.,...: ,.1:.:...1. .: . . . , . .,,.: d: rn{ : .,! : .yr. <:, r ....... ... ..:r. ..r.. x.. rr,. 1.1 ..... ....... ... Name of Establishment where gambling activity will be conducted y Street <,t City ..State, Zip Code �;.. County r t Date(s) of activity (for raffles, indicate the date of the dr wing) 3 G1 Check the box or boxes which indicate the type of gambling activity your organization will be conducting [l * "Paddlewheels [ *Pull -tabs Q *Tipboards *Equipment for these_ activities must be obtained from a licensed distributor ;s:.•; Be sure the Local Unit of Government and the CEO of your organization sign For Board Use Only - . . _ • Date & Initials of Specialist the reverse side of this application: ; F : ,...a.., },.hk!!r.r.. ,..... .,, r.:.: ..r:...,..., :.,.x., ,.,,.. ,:,,,I.,,i i.. ?H:I ..1.. • :1.14F..;,:• .tr!: 1.: .. ... r , .... .. ,!. v..ra. I... v:.. .. ..,. ::'4.4��:1. ,i ... ,.•:... .. �. 1 ,..a, n. :'.1. ,. i...e' " r. .,. , i... .. ...:•, .r. f ... el. v ,. .:...... .. :.: .. ., ... 1. ., n ') :'ill .J :' i�:Y i'u, .. "' ................ ��: -` ,rqi,.. ,�, ..r..;'' °' •., ::i�i�;,i's! ,A...; . :. ,1... '�`�`��� "'• • °:a ,,:;;l i'�i �L a ..1. Un � ..I. t, n o G a ••Jur n:��: to r e n s ...., ..,. nv..:.. .. .. .... ,.... ... I... .! .:I .,: 11.1,...1:.1 .. r. n:,. .. : ..I ::•:::Idil. �� .... Is this gambling premises locafed within city limits ;E] Yes ,` -[] No If Yes, write the name of the Cit - • • ' ' City Name If No, write the name of the County and the Township:` County Name Township Name . Check the appropriate status of the Township: Q organized F unorganized F unincorporated q a , �: ij: ^' a i,:ii,i::•:;p::� Iti I, ,y ! .,. b•t. ...... r.: ! Y. ,,,f:, ,. a 1 .h. I,a. a........ :�'•. •:. ,': .k„ ix,,,r. ..,i ,hJ.. :!, .,:. .. ., ..; ,.1,y!„ "� .... ,, ,. I..r�.. '(' r. �.,l.. .1. ,.i d, i. t.1 .. r .l..4.:.,� .,!!, r.. n.•.:.,... .. ��n1��o•ca;� U ifj`Of��:G'o� r� w e men# enmentAackno ! d i.,!.!,•.r! •NI,, u . �.,,dr, i!1 1. The city must sign this application if the gambling 3. DO NOT submit this application to the Gambling Control premises is within city limits. Board if it is denied by the local unit of government. 2. The county and township must sign this applica- 4. NOTE: A To%Nmship may not deny an application. tion if the gambling premises is not within city limits. Upon submission of this application to the Gambling Control Board,'the exemption will be issued not more. than 30.-days ,(60 ,days tor: cities,.of the 1st class) from the date the local unit of government . s 9 " i ned:.the"a licatiori , P PP P necessary r vided the a' lication is complete and all necessa information has been - . , ,,. PP M .received; uniess'the locai:unit`of government passes a`resolution to specifically prohibit the'activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of Application -Application Sign re ofperson application Signature ofperson a"66- ledging application AM JOWY Date Received: .' . , -�- y Date Signed: Title of person receiving application Title of person acknowledging application 61fy Cl er•K :! 4 0 a t hofC c e ufi e O c I have read this application and all information is true, accurate and complete. D2te: Submit the application at least 45 days prior to your scheduled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. Mail the complete application and attachments to: Gambling Control -Board 1711 W. County Rd B Suite 300S Roseville, MN 55113 This publication will be made available in alternative format (i.e. large print, braille) upon request. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612)639 -4000. Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1- 800 -627 -3529 in the Greater Minnesota Area or 297 -5353 in the Metro Area. :1 The information requested on this farm will be used by the Gambling Control Board (GCB) to determine your compliance with Minnesota Statues and rules governing lawful gambling activities. All of the Information that you supply on this form will become public information when received by the GCB. City Council Agenda Item No. 7a i � MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Spe ' Iist ?"5� Subject: City Council Consideration Item - Planning Commission Application No. 99010 Date: November 17, 1999 On the November 22, 1999, City Council Agenda is Planning Commission Application No. 99010 submitted by Wickes Furniture Company, Inc. requesting a Special Use Permit to allow the sale of merchandise on a limited basis at the new Wickes Distribution Center. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 99010 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 November 10, 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. i Application Filed On 10 -21 -99 City Council Action Should Be Taken By 12 -20 =99 (60 Days) Planning Commission Information Sheet Application No. 99010 Applicant: Wickes Furniture Company , Inc. Location: 4837 France Avenue North Request: Special Use Permit The applicant, Mr. Frank Wega, on behalf of Wickes Furniture Company, Inc., is seeking a special use permit to allow the sale of merchandise on a limited basis at the new Wickes Distribution Center located at 4837 France Avenue North. The property in question is zoned I -2 (General Industry) and is bounded on the north by the Soo Line Railroad with various open space and industrially zoned property on the opposite side of the railroad tracks; on the east by vacant land that is part of the old Joslyn Pole Yard that is being subdivided for future development purposes; on the south by R -4 zoned property containing an apartment building, vacant land and some single family homes; and on the west by a proposed outlot containing wetland and floodway that abuts Twin Lake. BACKGROUND The City Council on May 24, 1999, approved Planning Commission Application No. 99005 which was a request for site and building plan approval to construct an approximate 203,000 sq. ft. wholesale furniture distribution center for Wickes on an approximate 12 acre portion of the old Joslyn Pole Yard. Subsequently the owner of the property submitted a replatting application (Application No. 99007) to combine and subdivide the Joslyn Pole Yard property, the Davies Water Company site and an off site accessory parking lot for the Northwest Athletic Club into three lots and an outlot. The proposed Lot 1 of that plat is the site for the Wickes Distribution Center which is under construction and should be completed for occupancy in the near future. This wholesale furniture distribution center is a permitted used in this I -2 zoning district and the applicant is now seeking authorization to allow retail sales at that site per Section 35 -331, Subdivision 3b of the city ordinances (copy attached). That provision allows, as a special use, "retail sales of products manufactured, processed or wholesaled at the use site." SPECIAL USE PERMIT STANDARDS The applicant has provided two letters (October 20 and October 26, 1999) explaining their proposal and addressing the standards for special use permits contained in Section 35 -220 of the city ordinances (attached). He explains that in their normal business operations Wickes • 11 -10 -99 Page 1 accumulates furniture and accessory items that are slightly damaged, customer returns or one of a kind items that cannot be sold as new merchandise. They would like the opportunity to offer these items for sale at retail to customers and employees. Mr. Wega further explains that these reduced price clearance items would be displayed adjacent to their customer lounge as shown on the floor plan provided (attached). The sale of this merchandise would not be advertised and there would be no exterior signage promoting the sale of this merchandise. The standards for special use permits require that the proposed special use not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish and impair property values; not impede the normal and orderly development of surrounding property; be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district in which it is located. Mr. Wega in his second letter shows more specifically how they believe their proposal will meet these standards. He stresses that the sales will be low keyed and be directed to people already on the site. It is not intended to draw additional customer traffic to the property. No additional signery promoting the sales will be provided and the activity should not require any additional parking nor should it have a negative affect on surrounding property. We believe the standards for special use permits can be met given the information provided and as long as the retail sales activity is directed towards customers already on the site and employees. We see no adverse impacts with respect to this proposal. It should be noted that Wickes will be entitled to have sales and advertising for sales subject to the administrative land use permit process which limits such sales and advertising to two times in a calendar year, not to exceed ten consecutive days per event. A public hearing has been scheduled with respect to this special use permit and notices have been sent to surrounding property owners. RECOMMENDATION All in all we believe the application is in order and would recommend approval subject to the following: 1. The special use permit is granted for the limited retail sale of furniture and accessory items that are slightly damaged, customer returns, one of a kind items and similar merchandise per Section 35 -331, Subdivision 3b of the city ordinances. Any change in this use not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this special use permit. • 11 -10 -99 Page 2 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. The retail sales shall be confined to the area next to the customer lounge as indicated on the submitted floor plan. 4. No banners, pennants, streamers, balloons or other attention attracting devices may be used in conjunction with the retail sales allowed on the site other than that which is authorized under administrative permits comprehended under the city's zoning ordinance. 5.. This special use permit approval does not comprehend any additional signery other than that allowed under Chapter 34 of the city ordinances. • 11 -10 -99 Page 3 RS x L'r N. A RANCE x � u �, CO BURQUEST LA. 7 >• _ r , ' 56TH. AVE. N. fj AE9P7f/'A4 � r �J ;; fl� ;,•'' ; , %! r r �' %r!!�; , Eae6d DR, AuRnmr es t" AVE. 55TH. A VE. J, 54TH. AVE,, i< f' i f r •r, ;c r I '' r'flfifr / J ifrJf'r /J' /,. 3 � + I �/ � /r;/fr J J' Jr r % %ff •' r 2 LILAC C S3+ N. �1�LLL r Planning Commission �^ a Application No. 99010, SAD AVE. N r R5 OAK I ST! R3 I =r_ l I I I I I I5= n s= AVEM. � , � f ' r f f f � � • 'kb �� � ' (L�S IS7 'AViE.I CN :� % \. • %1 % J,rf / .% � r nq -` 1 / I — �', , try 12 R },• / 5D7N AVt N. W � 9TH AVE / �' (1 MIDDLE � i N TWIN �. I ` LAKE m �LAKEeREE2E AVE. N. s apC1� I 2 02 Dd 4ET4 AVE. N. ,77; `• ''j: ' :'� >r� LM'E �' 47TH AVE. AVE. N. LiFAW PAIdC R5 , RYAN " LAKE — ' ' i 46TH AVE. !. 46TH AVE. N. AVE. I - n F� 9 L! -- /• T Tt I /1 I'4 /1 Rf r7 T Al A^ _ --- ... • R � F at � / .� • O � ' v /hAnRR' i E I �. " linnll►nil� _ o Ipt ' 7 T - ; 7 ! fi t (' Qf 1 �M » Y- 7►wfWm RX . ..1 �_. pi .. / v i �° € €CC' ECG Magian 22 22 mum ,�— 1/ o t �- � VpN»V .emu rowuau• -nom " 0 o4lRR •>as:' ¢ -� � � l� �9 gg 33 � `ov4Y Yvlu MtJLLbia +•Ii N O ,n•_r 15 0 O O4 05 � Q O8 QJ 10 11 72 13 14 .r-r r -e• u• -e• •r-r .r-r .r-r .,• -r ,• -r n•-o• a•-r m -e .r -r n•_r •r -r I I y—�•� 1 y-� C LI I—I LJ LJ 1 lJ LJ �"�. _ _ _ - _�•_ -n,.n - ncr ,a.,. Y•x.m, oma gg © - 3 11 Y•WIY OUIK[ GIC ,OOY TRAFFIC A15LE o w l 3 '� iIil�II►►►Ii�llllr� a..11llllllllllillll.Il _: �� I'!II "1I1�IlI'iI!'!� "!!I "1111 "!I! "IIl1III'I� - b Q z N h� _ - �# -- - F to z r� I atl;<>Ig G D I tn t :.. _......_. ... - - -... _ ... - -- -..... Q F M C�- PLAN VIEW , ,-A.. A.. t -- .. L .- 1 .. L am... L -,. SCALE 1/20• -I'. NOM TOTAL STORAGE 70.564 LINEAL SHELF PELT N N r.si mea ms, ma mea A msr gnu , RACK ELEVATIONS m SCALE 1/1 - 1• [`.E '. ee- - ric"i 35 -33 9 • 2. Special Requirements a. See Section 35 -413 of these ordinances. 3. Special Uses a. Foundries, provided that the foundry operation is a necessary incident to a principal use permitted in the I -2 district. b. Retail sales of products manufactured, processed or wholesaled at the use site. c. Accessory off -site parking not located on the same property with the principal use, subject to the provisions of Section 35 -701. Section 35 -340. 0-1 PUBLIC OPEN SPACE DISTRICT. 1. Permitted Uses a. Public parks, playgrounds, athletic fields, and other recreational uses of a noncommercial nature. b. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory but not including any business or industrial use. Such accessory uses to include but not be restricted to the following: 1. Off - street parking. 2. Public recreational buildings and parks, playgrounds and athletic fields. 3. Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35 -341. 0-2 PUBLIC AND PRIVATE OPEN SPACE DISTRICT. 1. Permitted Uses a. Public parks, . playgrounds; athletic fields and other recreational uses of a noncommercial nature. b. Commercial recreational facilities of a semi -open nature such as golf courses and golf driving ranges. 35 -44 Section 35 -220 2. Standards for Snecial I Jse Per A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall. in all other respects, conform to the applicable regulations of the district in which it is located. I Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; rl; except that the applicant may set forth in writing newly discovered evidence o change ga in f ham a of condition u which 1' pot lu h he relies to w arn the consent of the City Council for resubmission at an earlier time. �. Revocation I Exte nsion of Special Ilse Permitg «hen a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant tc the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned oned for a period of one year, the special use permit related thereto shall expire one year following the date of abandonment. - W90 October 20, 1999 City of Brooklyn Center - Planning Commission 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Planning Commission Application - Special Use Permit Wickes Furniture Company, Inc. is requesting a Special Use Permit to allow the retail sales of clearance merchandise on a limited basis at our Distribution Center located at 4837 France Avenue in Brooklyn Center. The Wickes Furniture DC is located on property that is zoned I -2 (General Industry), which restricts retail sales. It has been our experience that during the normal process of shipping and receiving furniture that we accumulate furniture and accessory items that are slightly damaged, customer returns, one -of- kind, etc. that cannot be sold as new merchandise. We prefer to sale these items as clearance merchandise to our customers and employees at a significant savings. The reduced priced clearance items would be displayed in an organized manner adjacent to our customer lounge (See attached illustration). The sale of clearance merchandise at our Brooklyn Center facility would not be advertised and there would be no exterior signing promoting the sale - of merchandise. Since the clearance merchandise would be primarily available to customers picking up their furniture or Wickes Furniture employees, I would not visualize an increase in traffic flow or a greater demand for parking spaces. If you have any questions or require further explanation, please contact me at 847 -520 -6899. Sincerely, Frank S. We a g Director - Facility Operations 351 W. Dundee Rd • Wheeling, IL 60090 - 6798.847 -541- 0100 —� N,iMRE October 26, 1999 Mr. Ronald A. Warren City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Wickes Furniture Distribution Center - Special Use Permit Wickes Furniture Company, Inc. is requesting a Special Use Permit to allow the retail sales of clearance merchandise on a limited basis at our Distribution Center located at 4837 France Avenue in Brooklyn Center. The Wickes Furniture DC is located on property that is zoned I -2 (General Industry), which restricts retail sales. Below, I've attempted to demonstrate to the City Council that Wickes Furniture Company, Inc. has met all the criteria required for a Special Use Permit to sale clearance merchandise at our new facility located in Brooklyn Center. a. The sale of clearance merchandise at our Brooklyn Center Distribution Center will be on a very limited basis. It will not be advertised through a media or promoted by signing or banners on the exterior of the building. The merchandise will be primarily made available to our customer's picking-up furniture at the Brooklyn Center DC or our employees. The merchandise will be displayed in an organized manner adjacent to our customer lounge with proper signing (Refer to attachment). The merchandise will consist of slightly damaged furniture and accessories, one -of -kind pieces, customer returns, etc. that cannot be sold as new merchandise. We prefer to sale these items at significant savings to our customers and employees. The small clearance area will be maintained at the same high standards as all Wickes Furniture facilities are. b. Since the sale of clearance merchandise will not be advertised or promoted with exterior • signing, the establishment of a clearance area will be transparent to adjacent businesses. 351 W. Dundee Rd a Wheeling, IL 60090 - 6798.847- 541 - 0100 --� C. The establishment of a small clearance area (approximately 1,500 sq, ft.) in our 203,040 sq. ft. Brooklyn Center DC will not have a negative impact on adjacent businesses, since we will not promote or use external signing. The Wickes Furniture DC will be the first facility to be constructed on the old Joslyn Pole Yard property located at 4837 France Avenue North in Brooklyn Center. Wickes Furniture Company, Inc. has the support of Real Estate Recycling the owner and developer of the Twin Lakes Business Park to secure a special use permit. d. Since the clearance merchandise will be primarily available to customers picking up their furniture or Wickes Furniture employees, I would not visualize an increase in traffic flow or a greater demand for parking spaces. • We have an adequate number of parking stalls available to comply with code requirements plus an additional 181 parking stalls were shown on the approved drawings as proof of parking. e. Since the primary use of our Wickes Furniture Brooklyn Center DC will be the warehousing and distribution of home furnishings, our facility fully complies with the I -2 (General Industry) zoning district. If you have any questions or require further explanation, please contact me at 847 -520 -6899. Sincerely, Frank S. Wega Director - Facility Operations • 0 City Council Agenda Item No. 7b • • i MEMO To: Michael J. McCauley, City Manager �+ From: Ronald A. Warren, Planning and Zoning Specialist . Cwt . Subject: City Council Consideration Item - Planning Commission Application No. 99011 Date: November 17, 1999 On the November 22, 1999, City Council Agenda is Planning Commission Application No. 99011 submitted by RSP Architects (On Behalf of Red King) requesting Site and Building Plan Approval and a Special use Permit for the last building at the Brookdale Corner redevelopment site at the southwest corner of Xerxes Avenue and Count Road 10. p Y Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 99011 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their November 10, 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. Application Filed On 10 -27 -99 City Council Action Should Be Taken By 12 -26 -99 (60 Days) Planning Commission Information Sheet Application No: 99011 Applicant: RSP Architects (On Behalf of Red King) Location: Southwest Quadrant of Xerxes Avenue North and County Road 10 Request: Site and Building Plan Approval/Special Use Permit The applicant, RSP Architects on behalf of Red King, is seeking site and building plan approval and a special use permit for the last remaining building at the Brookdale Corner redevelopment site, which is located at the southwest corner of Xerxes Avenue North and County Road 10. The plan is for a 3,314 sq. ft. Burger King convenience food restaurant at the location shown as "fast food" on the original site plan for this redevelopment. 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. Convenience food restaurants are special uses in the C -2 zone. BACKGROUND Brookdale Corner, LLC was granted site and building plan approval under Planning Commission Application No. 99002 on March 22, 1999, for the redevelopment of the Westbrook/Dayton's Home Store site with four new buildings totaling 96,275 sq. ft. The four new buildings on the approved plans 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 they would be required to seek additional approval for the remaining buildings when details, such as building elevations, materials and user in the case of the fast food building were proposed. The buildings designated as "Retail A" and "Retail B" were approved by the City Council on August 23, 1999, under Planning Commission Application No. 99008. The design of and user for the "Fast Food" building have now been provided and this is the subject of the Planning Commission application in hand. 11 -10 -99 Page 1 SITE AND RI_JILDING PLAN The applicant has submitted a site plan showing again the location and configuration of the various buildings making up the Brookdale Corner redevelopment plan. The plan is for a Burger King restaurant on the building pad designated as "Fast Food ". The square footage of the building is 3,314 sq. ft., slightly less than that approved as a footprint for this building. Their proposal modifies slightly the originally approved site plan. The building is the same orientation on the lot, but it has been moved to the west slightly to accommodate parking in front of the building and to eliminate cross traffic in the drive thru lane. The proposal does not change traffic circulation or the number of parking spaces required. The facility will include an interior playland which is a prominent feature shown on the building elevations. This area extends above the roof line of the Burger King facility and has a mansard style roof carried around all four sides of the structure. It will be located on the north side (County Road 10 side) of the structure. Modifications have been made to the exterior design and finishes of a standard Burger King building to conform to the design criteria established for this development. The exterior treatment will be primarily a four inch high rock faced concrete masonry unit (CMU) of a natural gray color with burnished and scored CMU banding at the top of the building which will also be a natural gray color. A burnished CMU banding will be located around the lower portion of the building and will be a gray balsam color. Slate select shingles will be used as a mansard treatment around the entire portion of the playland part of the • building. These roofing tiles will be a tudor blend. Similar slate shingles will be provided in canopy areas along the front and side elevations. An 8 ft. high CMU screened fence and trash enclosure is located at the south end of the building. It contains a solid trash enclosure gate and the color of the rock faced CMU will be a natural gray with a burnished gray balsam band around the bottom consistent with that carried around the entire building. A colonial red metal coping will be provided around the top of the play area structure with a sierra tan metal coping around the balance of the building. An exterior insulated finish system (EIFS) panel in the approximate middle of the building colored a rainbow blue is an architectural type feature on the building. The building elevation shows a Burger King sign affixed to the top of this structure. It has been pointed out to the architect that a sign affixed to such a structure would be considered a roof sign which is allowed only in lieu of other permitted freestanding signery. What we know of the freestanding signery allowed for this complex, will not allow such a sign. All signery must be in compliance with the city's sign ordinance (Chapter 34). SPECIA USE PERMIT STA NDARDS The applicant has submitted a letter explaining their proposal and addressing the standards for special use permits contained in Section 35 -220 of the city ordinances (attached). The standards S 11 -10 -99 Page 2 • for special use permits require that the proposed special use not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding property; be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district in which it is located. Their letter notes that they are not an endangerment to the public health, safety, morals or comfort of the community as Burger King has operated numerous franchises within the Twin City area. They note that the redevelopment of the Brookdale Corner site anticipated a convenience food restaurant at this location and they believe they will be an asset to the community. They note that they will not create any hindrance to development of surrounding property or to property values in the area and that their development does not affect the ingress of egress of the total development nor parking on the site. Also, they point out that they will comply with applicable building codes and zoning regulations. Furthermore, the exterior appearance of the building is designed in conjunction with the Brookdale Corner redevelopment. We concur with their comments and do believe that this proposal meets the standards for special use permits contained in the city's zoning ordinance. A public hearing has been scheduled with respect to this special use permit and notices have been sent to surrounding property owners. RECOMMENDATION We believe 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. A site performance agreement and supporting fmancial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements related to the construction of this convenience food restaurant. 4. This special use permit is granted to the applicant for a convenience food restaurant with drive -up window as contained on the plans submitted. Any expansion or alteration of this use not comprehended by this application or permitted under the zoning ordinance shall require an amendment to this special use permit. 11 -10 -99 Page 3 • 5. This special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 6. Plan approval is exclusive of signery which is subject to Chapter 34 of the city ordinances. 11 -10 -99 Page 4 MMM Lw 1i■ mill ' gym■ �y�vrrrrritl; �1 ►� �•� �, .i�'�•� <'' +fir ♦ � � =tea �■ ■■■/1 ra MM MM M MM MM MW MW solo ON In milli ■ o il y /� ►�� M AP � n e► J eal i -2m wb." p - h . Westwood - -- -- ----- - ------- - estwood - !''� -- hRRrR.PIR.t.f I �R�..rrP Ri�� •'�" _ - -- - - - - -- ' ^I - 1-------------- `--------------------'--- W : �� OPIIER 7� CAS} , / •' - vROmt r ,rolne TI.1 ¢ _ ,Pi OIY M. R.I-0.R NlR• h . - " r sptw . s - - w ,.e yytl1lTAN ilCtl. MR _ _ [NIIIT 9m1RPO.r •♦ ./ / • , I - 9 tW1CN1lY. _ - - - - - '♦ >Rt p-] �• ,, Dun y -. _ - � 1 R � -.. Fk �, OE .tt If fi PN1tID L 1 I I I 1 - �• !! !! is _ WO RAW 1 !s P + O - a ]r tR r 1 , -- m" ml R.R. 1 V, u�as�wC Ir '- Id 4 .i ® 14Irl -IN K 20 3O'ir M � I t Q as -- — _ _ t r ( rRtR iL_____ R _ t R = LMIH6!921O@I KNO BRE Rt .iK P )III 24' � A k .i.,ewAr 14,550 S.F. ,`\ •`\ 1 RS 4 l � �� 2, ) �tN,,/ J ..:':��, 11 m -) � I 1 I � � �� \ 7S EXISTING it VACANT HIRSHFIELPS d 3'aF. ooY.Pt,t tT�a — i i i I n* 8.836± S.F. \ \ `` `t. a s �pI * c — r TNA _ u2 Rrlal Xm p r1 PTLOY 9 h MCC SI,NR ..y {, y •,..., tr 122 ; • \ R r ' i11O.1O COINY. - •" Mt3 pl. k R � O.III. RRLr 1 ♦ ° ., olramer .ttv (1vP.) �ro RCYtr ' % 2!Y IRpL \ ""Y' ' pa SUPERMARKET I \ ` `,`, 66,850 S.F. r KTW,.,E/ Rp¢ix WYl tR• - � i i Y1 � SITE DATA \ • "" r �'C{ 4 i i -C n. N WaaR Z (TIP oR r/ z _ , T uwe ... �C MI4) -RIFT M RR9 O.../ RMa t.w o.t tRARlONEIt r �l1ia t N � r i � I �a1 - I./t I my War/�pr ID) aN11! SCFM RR '\ I ,• WARM % 11 C P" U" v \ `` Ct- pR,PRlrRe \ WPLL - Jt I � W c Z � fIPPMRP QPIY.YP� , i - 7 n $.O d+ . R. VS 6 R"P 4 v IICTNYx. 2 ExOtp]YnF i W - sk y.4 .....R, 10 OL \ "" RESTAURANT Pl wattn s wx WALK �xw - Rw rp sxR.w -214 a - i 1 M l.leeYl -PYMy IR R IIETN.W P tTw'•) 2YT Z 21/RrtlRw Y" 9tI nk_p " R R rAU • lr PRO?= C Q 2 U ♦ `, A7 t:P21E G � Prp••r .anlNwe. �`; BANK -(Z Raa A taw M \ \ M 7 ft F • W J - IgNI ■ mm at �•/ ReRr Y ..PR C p +�- \ APRON m pPFL'lIp1K �9 l41PII iatl] L \ Wr /\�? c) �t ORKM, tw/N. t. RIPRM -'\ pls PAID ; •, M um u m t6 >"*WW I...RRtt \ \ �� 56t Ave. NPR 1P1♦ RN11.1 Arr h a ll. P-t \ e 5 6 • CRAP= SCALE TNPI PRrMiR R.rrr w eWk (a. a NV'kWG Rt) \ ,� • • —_ �_ • 7 * r 98337 7.rr P.RYR P,�.PP, t"'yp M+] .w u ..Ye pIRI e1 0.44 RNe R r-r w..) a..r, ^�L IV. MR V L J h \9pt7\Y.,V]]7spfllPp 09/]0/99 O946]t An COT NOV-04-1999 09:51 RSP ARCHITECTS 612 339 6760 P.02/02 .......... I MCK) M, 00 00 75! t ri 10 OK 04 m FEVERDE V) U) 0 we LO LL• - ----- ---------- O it :. - ---- - -- - - --- GWC—F WM WffM BFk)=ALE CCR*R DEVP-CeWEW .,. 4 ■�G''' ''IfllIIIIIIIIiI X111 �!(i''! •� MOR/M 23 MGR) '- .._� - � y , � :.' n.�, .,�.. am W" mocKLE CORNER DE%VLCK*W 7 10 9 m OK 04 mw ar-. 0 LO ILI IE LLI C L LWrM OF: WM WrHN BAOOKDALE COMOR DENU-OF%eC ,� 4 cy 23 many" 04 0 I 13UROER KV40 PZ;A BURGER KING BROOKLYN CENTER MN CORPORATION WnNa00 mndrniooae `Jlit mnvisaw � NIN maoid a om daodns N er er•oeimu u+a �m rrwo ®� eein••er r� 0 0 S# c 00 o ®moo ©o ®o ® ©� g: Ot t ' Lo i I � �- rw-= .- 5�•��_a �_�t_.k!- ;- �- .,•!�.,,_L_� x�ti,�iyQ: • — w � Z l.. WO.RYmWY r R y �� 3 g ce I i Y5 _ \ sly pi i 110 -- ,�� I fill a m la e � �R; f� [�34iii�f3lR�S��36ii3C� 1 � e I � i i � � -. w •.•.•d.••RHCRRSRRA.��lGtf1•RA3t - -� i � Rv.vvvovYROmmmowoYRnoY.avm : ' j � : zs ss.aa :tta�rt :ssz :il :sszss:s I e ^• • '� .Y f; . . -,•� x ^;'~ ' Yov�vvvvmvammmmvvvvvvvovaiaRv � #s�3��S8�� I d A D a,.:tii t EE�I 1 ' •d.•saNe•eaRRRiA�LRa1■RR�t I ;F � .RO.ewv_enwo.YY.vvvRmvvvmvvvv I F w-v rnceaetmcmrnoorau j ig ' i f i�� ra• a r.r l rr f r -t n• � x r -r es a• r �v x � I O 1 Q i I € L1_LL -641 1 �•lrr 1 � vr• �u�' �rfarw.s.rr I rr (,-.•� � • 4 4 � e i I j s 4 1 1 I 1 f� ;t I 1 I I � i 4 I I I I a 1 tl , F ■ � �� s 1 � t i 1 d l t t r+� j lr g I x € I 1 1 z pig nrraap.w17svml rsrrrvs.evw. r. rr=aww � �w,rA wt �} oeeA ti» BURGER KING RESTAURANT ® BURGER KING BROOKDALE CORNER _�..�.. CORPORATION BROOKLYN CENTER, MN FLOW K w • • • ® y/ DG R YOI RM IR k ft --- ` a r-7 oNR _- I I Nk Ifkl Nk N-1 E j wm,ra = .+.neoa 0j1Lwr r wrrew• awr RYM �r�,.s,u �ivsMr,ar iiwr r,�a�r: Z Z O ------------------------ `----------------------- - - - - -� Y KM� EVATIR/ FI!?!i ELE-1— r w• . ems- /y" Iy+ W 0 5 O �K.. m U 111'k Nk Nk"lik Nk In�.vo� � Lr.m now+�eurr e F � I MaOwlfl RfKlna � e�o.crerx� ,�� ,rn.,u„' ---------------- -ID - - - ----------------------- L- rI __.-1D ------- - - - -1 - L] O nAM a.EVAna° a Af Rr.rT V - 816NAGE AND LIGHT 6AN08 MATERIALS AND FMISWES �o r.Rws, rw.m,y° aw RRO x• � wr ewY�r ruMarw•nr•°owRR lMRVp ��+ nAewe �o,e �� euu vu°w ruw wt.ry icoara •.w y � w I •• i Rurn,et o°m crw wi rrw Rer rr•maw,r S�P ,RR, - ,..R, at.. s e 6i � ni �+eur'""w.� T A rRh tin et V�nwu u..na, sY. B s r ew.° wNVr•r omaAn ru+r.auRrsur+rsmRt F ! Rmee aR,r,n rt°,vRan rum rnuy°uc rr 1 \ � nsraararut aor'ra uw�m u rw.w ��� E�ur Rmv so-rR nu e W, 992 pil u u u u u u 11 Z Q F � (C W ° 9 0 a a w° 'I ,• �uL :;yLLi�_4�,:oeW,c�aJ+.ue Q 0 Y m 4IJ' 1 +.R IROY ORh.MY M' [TK w ( \\ SIT AOCrY pN41MY `� ' \ \rte R1A10 I I W � r tRl T 1A1N0 ~�� RI•R4 �• n,.n �u.s,r • nw V ' 0- OAK! iMV ANATKri A -2 I I I i I _ I Hill I 4 _ I I I _ I I I I � I 1 t I I I i I I � 1 I i I 1 - i fit D BURQER KINQ RESTAURANT 1 I BROOKDALE CORNER ;.M N BROOKLYN CENTER. MN I Ex�a+on e.ewraa �� R 1 t p NJ � U' � I I I I I I i i i O 1� 1 F o R a I '� O BURGER KING CORPORAMON 9 9 • • �J Section 35 -220 2. to dards for Snecial 1 Tse PengLta . A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C. The establishment of the special use will not impede the normal and orderly development and ' �, . p improvement of surroundin property for uses P ermitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize tragic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restriction] The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resu_ bmi_ scion No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocatio and Exten sion of Special I Tse Per rp'Ltg «hen a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paving an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one year, the special use permit related thereto shall expire one year following the date of abandonment. if P . 26 October1999 ► Mr. Ron Warren, City Planner City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Michael J. Plautz, A.I.A. RE: Special Use Permit/Site & Building Plan Approval Stephen J. Fautsch, A.I.A. Burger King Restaurant — Brookdale Corner Jim Fitzhugh, A.I.A. RSP Comm. No. 5922.001.02 Robert M. Lucius, A.I.A. Dear Mr. Warren: David C. Norback, A.I.A. Pat Parrish Enclosed with this letter are the required design drawings, completed application, and fees to Richard Varda, A.I.A., A.s.L.A. apply for the Special Use Permit and Site & Building Plan Approval for a proposed Burger King Restaurant at the Brookdale Comer Development. Terry Wobken, A.I.A. Red King, the Burger King Franchisee, wishes to thank you for your time in reviewing the request and uses this letter to respond in written form to the five Standards for Special Use Permits: 1. Burger King is an internationally known Fast Food Franchisee operation with thousands of stores operating all over the United States. Burger King Corporation has long established high standards for consistency in construction, operations, maintenance, and food production to promote their Brand. These standards were set to insure that the Brand (Burger King) would not present a detriment or endangerment to the public health, safety, morals or comfort. Red King is a Burger King Franchise that owns and operates numerous Burger Kings in the Twin City area and they are well versed in these Burger King Standards. 2. It is the Franchisee's understanding that the Development known as Brockdale Corner was originally approved to have a fast food restaurant in this out lot location. This application is requesting that Burger King be that approved operator. Modifications have been made to the exterior design and finishes of the Standard Burger King Building to conform to the design criteria established by the Development. The history of Burger King Corporation and this Franchisee is to be a good neighbor, offer a needed service, offer employment opportunities, and become a new community partner. 3. The proposed development of the Burger King on this out lot meets with the original intent of the approved Development and does not create any hindrance to the development of the surrounding properties or property values. 4. The proposed Site Plan is suggesting a modification to the originally approved Site Plan. The building is in the same orientation to the lot but it has been moved to the west to RSP Architects Ltd. 120 First Avenue North Minneapolis, MN 55401 http:/Avww.rsparch.com FAX 612 • 339 • 6760 612.339.0313 Mr. Ron Warren 27 October 1999 Page 2 accommodate all parking in front of the building and eliminate cross traffic on the drive - through lane. The Development does not affect the ingress or egress from the total Development and the parking count has remained the same as the origianl Development. 5. The Site Plan and the Building's exterior appearance have been designed in conjunction with the original design intent of the Brookdale Comer Development. The Construction Documents will be completed to comply with all applicable local Building Codes. For over twenty years, RSP Architect's staff has been providing our professional design services to the Burger King Franchisee community and we are well versed in complying with these requirements. We appreciate your time in reviewing this request and are available to discuss any questions you may have. Sincere , L. C s Freiberg, AIA Ass *ate O Enclosures Copy: Dan Becker —OMEGA Construction File 1 UAd.pip �uozn�a� • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION S OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 10, 1999 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Dianne Reem, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Carla Wirth. Absent was Commissioner Sean Rahn. APPROVAL OF MINUTES - OCTOBER 28. 1999 There was a motion by Commissioner Whitehead, seconded by Commissioner Newman, to approve the minutes of the October 28, 1999 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the . Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 99010 - WICK FURNITURE COMP ANY. INC. Chair Willson introduced Application No. 99010, a request submitted for a special use permit to allow the sale of merchandise on a limited basis at the new Wickes Distribution Center. The applicant, Mr. Frank Wega, on behalf of Wickes Furniture Company, Inc., is seeking a special use permit to allow the sale of merchandise on a limited basis at the new Wickes Distribution Center located at 4837 France Avenue North. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 11 -10 -99 for Application No. 99010 attached.) He advised the property in question is zoned I -2 (General Industry) and reviewed the neighboring property uses. Mr. Warren reviewed the previous consideration and approval for a request for site and building plan approval to construct an approximate 203,000 sq. ft. wholesale furniture distribution center for Wickes on an approximate 12 acre portion of the old Joslyn Pole Yard. Subsequently the owner of the property submitted a replatting application (Application No. 99007) to combine and subdivide the Joslyn Pole Yard property, the Davies Water Company site, and an off site accessory parking lot for the Northwest Athletic Club into three lots and an outlot. The proposed Lot 1 of that plat is the 11 -10 -99 1 site for the Wickes Distribution Center which is under construction and should be completed for occupancy in the near future. Mr. a the prop l W rren presented a site plan depicting the approximate location of p p y and advised that this wholesale furniture distribution center is a permitted used in this I -2 zoning district. The applicant is now seeking authorization to allow retail sales at that site per Section 35 -331, Subdivision 3b, of the City ordinances. That provision allows, as a special use, "retail sales of products manufactured, processed or wholesaled at the use site." Mr. Warren reviewed the letters provided by the applicant explaining their proposal and addressing the standards fors special use permits as contained in Section 35 -220 of the City ordinances. p p Y Mr. Warren displayed a floor plan showing the interior layout of the 203,000 sq. ft. Wickes Distribution Center. He pointed out the location of the area they would propose to display clearance items. He then presented the standards for special use permits and reviewed the specifics brought forward in Mr. Wega's second letter indicating how they believe their proposal will meet these standards. Mr. Warren stated staff believes the standards for special use permits can be met given the information provided as long as the retail sales activity is directed towards customers and employees who are already on the site. Staff sees no adverse impacts with respect to this proposal. He noted that Wickes will be entitled to have sales and advertising for sales subject to the administrative land use permit process which limits such sales and advertising to two times in a calendar year, not to exceed ten consecutive days per event. Mr. Warren advised that a public hearing on this application, properly noticed, is scheduled at this meeting. Mr. Warren recommended approval of Application No. 99010, subject to additional conditions 1 -5 outlined in the staff report. Chair Willson called for questions /discussion from the Commissioners. Upon inquiry, Mr. Warren identified the location of the building office and customer pick -up doors. PUBLIC HEARING - APPLICATION NO. 99010 There was a motion b Commissioner Boeck seconded b Commissioner Reem, too en the public Y � Y P p hearing on Application No. 99010, at 7:46 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Paul Hyde, owner of the building, thanked the Planning Commission for this consideration. He explained the building currently operates as a distribution center and as part of that some furniture can become broken or damaged so they would like the option to be able to offer that merchandise for sale. He advised this will be a small component for this facility. • 11 -10 -99 2 Commissioner Reem asked if the public can stop in to view the clearance merchandise. Mr. Hyde stated they could but the only way they would know of the merchandise is if they have been in the building previously for a customer pick -up. He stated he does not believe damaged merchandise would be available for purchase at all times. Commissioner Erdmann asked if it was envisioned that this special use would be in lieu of using the administrative use permit to have sales several times a year. Mr. Hyde stated this is correct since it is not foreknown when damaged merchandise would be available. It was explained that they anticipate the merchandise being sold over the year rather than stockpiling the merchandise for a sale. Mr. Warren stated it was discussed that this type of activity, on a limited basis, could occur as an accessory use to the current business and businesses such as this are entitled to have sales for up to ten days with an administrative permit. However, staff felt it would be more appropriate to acknowledged the activity as a special use. Commissioner Boeck asked if each of the retail locations also have a similar scratch and dent merchandise room. Frank Wega, Director of Facility Operations for Wickes Furniture, advised that all of the Wickes stores sell a certain amount of clearance items and accessories. However, most of the newer stores are smaller and have limited space so they do not warehouse goods, they only display goods. Commissioner Newman asked if the clearance area is carpeted or decorated differently. Mr. Wega explained they usually group the items and stanchion them off so they are isolated next to the customer lounge. Mark Austin, 4801 Twin Lake Avenue, noted that Wickes is allowed to have a sale two times per year anyway and asked how the public would learn of the damaged merchandise if it is only sold to employees or customers coming into the warehouse without public announcement. Mr. Wega stated a business can have damaged merchandise that they do not want to store for a long period of time. He stated he views this as a benefit to their employees and customers. He noted that if they sell damaged merchandise throughout the year, it would lessen the impact of holding a warehouse sale. With regard to the customer lounge, he explained it allows a place for the customer to sit while their furniture is being pulled from inventory. Commissioner Boeck asked how many people would be in the lounge at one time. Mr. Wega stated there are very few pickups during the day and at least 50% of the pickups occur during the evening hours or weekends. He estimated ten to fifteen customers in the lounge at any one time. Penny Brown, owner of the Azelia apartment building directly south of Wickes, explained that some residents have been talking about the level of traffic using Azelia Avenue. She noted that if a truck were to turn over and block the intersection, it would cut off their access. Ms. Brown stated that • 11 -10 -99 3 other industrial parks have their own streets to provide direct access without the use of a residential street. Commissioner Erdmann noted there is another access off Indiana Avenue to Highway 100. An audience member advised that Mn/DOT plans to close that access in the future when Highway 100 expands. No other persons from the public appeared before the Commission during the public hearing on Application No. 99010. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to close the public hearing on Application No. 99010 at 8:00 p.m. The motion passed unanimously The Chair called for further discussion or questions from the Commissioners. Commissioner Reem asked if there is any obligation to provide another access should the one to Highway 100 be closed. Mr. Warren stated he sees no problem with the access as currently provided and noted the possibility of extending Azelia Avenue across the railroad tracks to tie into France Avenue at 50th Avenue. He stated that possibility is being addressed by Mn/DOT. Commissioner Newman asked if the special use permit should include any language limiting the square footage. Mr. Warren discouraged identifying a specific square footage since it is impossible • to enforce. He stated that should the sale of damaged goods increase greatly to the point it would change the character of the use, another application would be required. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMM A PPROV AL OF APPLI CATION NO. 99010 - WICKES FURNITURE COMPANY. INC. There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 99010, submitted by Wickes Furniture Company, Inc., for a special use permit to allow the sale of merchandise on a limited basis at the new Wickes Distribution Center located at 4837 France Avenue North, subject to the following conditions: 1. The special use permit is granted for the limited retail sale of furniture and accessory items that are slightly damaged, customer returns, one of a kind items and similar merchandise per Section 35 -331, Subdivision 3b of the City ordinances. Any change in this use not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 11 -10 -99 4 3. The retail sales shall be confined to the area next to the customer lounge as indicated on the submitted floor plan. 4. No banners, pennants, streamers, balloons or other attention attracting devices may be used in conjunction with the retail sales allowed on the site other than that which is authorized under administrative permits comprehended under the City's zoning ordinance. 5. This special use permit approval does not comprehend any additional signery other than that allowed under Chapter 34 of the City ordinances. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its November 22, 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. 99011 - RSP ARCHITECTS (ON BEH ALF OF RED KINGI Chair Willson introduced Application No. 99011, a request submitted for site and building plan approval and a special use permit for the last building at the Brookdale Corner redevelopment site at the southwest corner of Xerxes Avenue and County Road 10. The applicant, RSP Architects on behalf of Red King, is seeking site and building plan approval and a special use permit for the last remaining building at the Brookdale Corner redevelopment site, which is located at the southwest corner of Xerxes Avenue North and County Road 10. The plan is for a 3,314 sq. ft. Burger King convenience food restaurant at the location shown as "fast food" on the original site plan for this redevelopment. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 11 -10 -99 for Application No. 99011 attached.) He advised of the zoning of the property and surrounding uses and reviewed the past approval of the site and building plan for the redevelopment of the Westbrook/Dayton's Home Store site with four new buildings totaling 96,275 sq. ft. Mr. Warren explained that 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 they would be required to seek additional approval for the remaining buildings when details, such as building elevations, materials and user in the case of the fast food building, were proposed. The buildings designated as "Retail A" and "Retail B" were approved by the City Council on August 23, 1999, under Planning Commission Application No. 99008. The design of and user for the "Fast Food" building have now been provided and this is the subject of the Planning Commission application in hand. Mr. Warren presented the site plan showing the location and configuration of the various buildings making up the Brookdale Corner redevelopment plan. The plan is for a Burger King restaurant on • the building pad designated as "Fast Food" with square footage of 3,314 sq. ft., slightly less than that 11 -10 -99 5 approved as a footprint for this building. He noted this proposal modifies slightly the originally ® approved site plan. The building is the same orientation on the lot, but it has been moved to the west slightly to accommodate parking in front of the building and to eliminate cross traffic in the drive thru lane. The proposal does not change traffic circulation or the number of parking spaces required. Mr. Warren advised of amenities the facility will include and exterior building treatment which conforms to the design criteria established for this development. He noted the exterior screening features and insulated finish system. Mr. Warren advised that the building elevation shows a Burger King sign affixed to the top of this structure. However, it has been pointed out to the architect that a sign affixed to such a structure would be considered a roof sign which is allowed only in lieu of other permitted freestanding signery. All signery must be in compliance with the City's sign ordinance (Chapter 34). Mr. Warren noted the standards for special use permits and reviewed the letter submitted by the applicant explaining their proposal and addressing the standards for special use permits contained in Section 35 -220 of the City ordinances. Mr. Warren stated staff concurs with their comments and believe that this proposal meets the standards for special use permits contained in the City's zoning ordinance. He advised that a public hearing on this application, properly noticed, is scheduled at this meeting. Mr. Warren recommended approval of Application No. 99011, subject to additional conditions 1 -6 outlined in the staff report. • Chair Willson called for questions /discussion from the Commissioners. Commissioner Boeck asked if it has been suggested where directional signage to the drive -up window will be located. Lynn Martinson, RSP Architects and project manager, identified the location of the drive thru directional signs and exit signs. Commissioner Boeck asked if part of the adjacent property will be used to accommodate traffic flow via cross agreements and if the Planning Commission needs to be concerned with leases and traffic access. Mr. Warren stated there are no cross access agreements since this has been combined into one parcel of land. He advised the intersection and turn lanes are designed as requested by the County. Commissioner Boeck asked if the depth of the parking stalls and traffic lanes abide by Code requirements. Mr. Warren answered affirmatively and explained how the building was shifted slightly. Commissioner Erdmann asked if the applicant is requesting roof signage or free - standing signage. Mr. Warren stated that will be left up to the applicant but the signage will need to abide by Code. He reviewed the number of signs that this combined site is allowed (three free - standing signs). • 11 -10 -99 6 I PUBLIC HEARING - APPLICATION NO. 99011 • There was a motion by Commissioner Reem, seconded by Commissioner Newman, to open the public hearing on Application No. 99011, at 8:30 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Commissioner Reem expressed concern about the potential for the old Burger King site to deteriorate and asked if there is a buyer for the old Burger King. Jim Reddin, representing Burger King, stated the building is owned by Burger King, Inc. and has not yet been sold. He assured the Planning Commission that the building and landscaping will be maintained. No other persons from the public appeared before the Commission during the public hearing on Application No. 99011. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to close the public hearing on Application No. 99011 at 8:32 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 APPLICATION NO. 99011 - RSP ARCHITECTS (ON BEHALF OF REO KING) There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 99011, submitted by RSP Architects on behalf of Red King, for site and building plan approval and a special use permit for the last remaining building at the Brookdale Corner redevelopment site, which is located at the southwest corner of Xerxes Avenue North and County Road 10. The plan is for a 3,314 sq. ft. Burger King convenience food restaurant at the location shown as "fast food" on the original site plan for this redevelopment, 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. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements related to the construction of this convenience food restaurant. 11 -10 -99 7 4. This special use permit is granted to the applicant for a convenience food restaurant with drive -up window as contained on the plans submitted. Any expansion or alteration of this use not comprehended by this application or permitted under the zoning ordinance shall require an amendment to this special use permit. 5. This special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 6. Plan approval is exclusive of signery which is subject to Chapter 34 of the City ordinances. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its November 22, 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. OTHER BUSINESS Mr. Warren reviewed the discussion held at the last meeting regarding reorganization of the commercial zoning classifications and the request of Commissioner Reem to review the recommendations of the Brooklyn Boulevard Redevelopment Study. He stated this information is now being provided for the Commission's review. Mr. Warren announced the next meeting is scheduled for Thursday, December 2, 1999. He asked Commissioners whose terms will be expiring to let him know if they are interested in being reappointed. Commissioners Erdmann, Newman, and Whitehead indicated their continued interest. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:41 p.m. Chair Recorded and transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc. 11 -10 -99 8 • City Council Agenda Item No. 8a 85 E. SEVENTH PLACE, SUITE 100 SAINT PAUL, MN 55101 -2887 651 - 223 -3000 FAX: 651 -223 -3002 SPRINGSTED Public Finance Advisors I $1,585,000 CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999A (BOOK ENTRY ONLY) AWARD: NORWEST INVESTMENT SERVICES, INC. SALE: November 22, 1999 Moody's Rating: Al Interest Net Interest True Interest Bidder Rates Price Cost Rate NORWEST INVESTMENT SERVICES, INC. 4.10% 2001 $1,572,885.30 $429,051.37 4.8614% 4.25% 2002 4.35% 2003 4.45% 2004 4.55% 2005 4.65% 2006 4.75% 2007 4.80% 2008 4.90% 2009 5.00% 2010 SALOMON SMITH BARNEY 4.50% 2001 -2004 $1,574,126.80 $435,912.37 4.9388% CRONIN & COMPANY, INCORPORATED 4.60% 2005 4.70% 2006 4.85% 2007 4.95% 2008 5.00% 2009 -2010 MILLER, JOHNSON & KUEHN, INC. 4.50% 2001 $1,573,633.40 $437,526.60 $4.9593% UNITED BANKERS BANK 4.60% 2002 -2005 4.70% 2006 4.80% 2007 4.90% 2008 5.00% 2009 5.05% 2010 (Continued) SAINT PAUL, MN • MINNEAPOLIS, MN • MILWAUKEE, WI • OVERLAND PARK, KS • WASHINGTON, DC • DES MOINES, IA Interest Net Interest True Interest Bidder Rates Price Cost Rate DAIN RAUSCHER INCORPORATED 4.15% 2001 $1,569,150.00 $437,610.83 4.9664% 4.25% 2002 4.40% 2003 4.50% 2004 4.60% 2005 4.70% 2006 4.80% 2007 4.90% 2008 5.00% 2009 -2010 U.S. BANCORP PIPER JAFFRAY INC. 4.60% 2001 -2005 $1,569,610.36 $439,558.81 $4.9930% 4.70% 2006 4.80% 2007 4.90% 2008 -2009 5.00% 2010 JOHN G. KINNARD & COMPANY 4.15% 2001 $1,569,150.00 $440,802.08 5.0012% INCORPORATED 4.25% 2002 4.40% 2003 4.50% 2004 4.60% 2005 4.75% 2006 4.85% 2007 4.95% 2008 5.00% 2009 5.10% 2010 MORGAN STANLEY DEAN WITTER 4.20% 2001 $1,569,150.00 $441,525.00 5.0128% PAINEWEBBER INCORPORATED 4.40% 2002 CIBC OPPENHEIMER CORPORATION 4.50% 2003 4.60% 2004 4.70% 2005 -2006 4.80% 2007 5.00% 2008 -2010 GRIFFIN, KUBIK, STEPHENS & THOMPSON, INC. 5.00% 2001 -2010 $1,569,400.05 $457,808.28 5.2095% REOFFERING SCHEDULE OF THE PURCHASER Rate Year Yield 4.10% 2001 Par 4.25% 2002 Par 4.35% 2003 Par 4.45% 2004 Par 4.55% 2005 Par 4.65% 2006 Par 4.75% 2007 Par 4.80% 2008 4.85% 4.90% 2009 4.95% 5.00% 2010 Par BBI: 5.84% Average Maturity: 5.58 Years O MEMORANDUM DATE: November 17, 1999 TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director SUBJECT: Resolution Accepting Offer on the Sale of $1,585,000 General Obligation Improvement Bonds, Series 1999A, and Providing for their Issuance This resolution awards the sale of improvement bonds to be supported by special assessments on benefited property. Proceeds of the sale will reimburse the City for the cost of the street and storm drainage construction done as part of the 1999 Neighborhood Street Improvement Program. Improvement projects financed by these bonds include: Southeast Neighborhood, Azelia Avenue, Earle Brown Drive, and 66th & Camden Avenues signals. ® Proposals will be opened on November 22, 1999 at 10:00 A.M. at the offices of Springsted Incorporated. The resolutions to officially award the sale of the bonds will be prepared by bond counsel after the opening and will be handed out at the City Council meeting. A representative of the city's financial advisor, Springsted Inc. will be present at the City Council meeting to answer any questions. Final approval will depend upon City Council action. Proceeds of the bond sale should be received by the City by the end of December. Moody's Investors Service has confirmed a rating of Al on this bond issue and confirmed the Al rating on the City's previous bond issues. A copy of the rating is attached. Also attached is a copy of the Official Statement for these bond issues, prepared by Springsted Inc. and the City's staff. 11%18/1999 14:35 ET REF: NOOD2886.0001 FR:M00DYS 70:6125693494 Page 1 of 2 ATTN: Charlie Hansen City of Brooklyn Center O DYIS ASSIGNS Al RATING TO BROOKLYN CENTER'S (MN) G.O. IMPROVEMENT BONDS, SERIES 1999A $25 MILLION DEBT AFFECTED Brooklyn Center (City of) MN Municipality Minnesota Moody's Rating Issue Rating General Obligation Improvements Bonds, Series 1999A Al Sale Amount $1,585,000 Expected Sale Date 11/22/99 Rating Description General Obligation NEW YORK, November 18, 1999 -- Moody's has assigned an Al rating to Brooklyn Center, MN sale of $1,585,000 in General Obligation Improvement Bonds, Series 1999A. In addition, Moody's affirms the outstanding Al rating on the city's outstanding $25 million in general obligation bonds. The rating reflects the city's sound economy, its strong financial position, and above average, but manageable, debt burden. �TURE MINNEAPOLIS SUBURB EXPERIENCING REDEVELOPMENT Moody's expects the city's economy to remain strong due to its favorable location in the economically vibrant Twin Cities metro area and the ongoing redevelopment initiatives to foster tax base growth. The large taxbase, with a full valuation of $1.2 billion in 1999, experienced declines in the early 1990s due to the depressed commercial and industrial sector. However, in the last few years, assessment values have experienced moderate growth. Recent growth in this service driven economy has included expansion in the city's retail sector. In addition, the city has fostered housing redevelopment initiatives, which were funded through the city's Economic Development Authority. The city's wealth levels are above the state average, however, growth during the previous decade lagged behind that of both Hennepin County (rated Aaa) and the state, reflecting the mature nature of the city. Ample employment opportunities are reflected in the low unemployment rates of 2.5 %, in September 1999, which approximated state levels. STRONG FINANCIAL POSITION EVIDENCED BY AMPLE RESERVES Moody's expects the city's financial P y position to remain strong g due to a history of sound financial management as evidenced by operating results that consistently outperform conservatively budgeted figures. For fiscal 1998, the General Fund balance for both working capital and undesignated purposes was $7.2 million, or over 52% of General Fund revenues. The city continues to surpass its fund balance policy, which calls for General Fund reserves for is rking capital equal to 45% of the subsequent year's budget. An operating rplus of over $500,000 is projected for fiscal 1999. The city historically uses surplus amounts in excess of the levels required by the fund balance policy for pay -as- you -go capital projects. While the city is levying the maximum under state imposed levy limits, it has not needed to make structural adjustments to operate under these limits and does not plan to draw upon the General Fund in 2000. In addition, the city believes that it has addressed 11/18/1999 14:35 ET REF: NOOD2886.0001 FR:MOODYS TO:6125693494 Page 2 Of 2 year 2000 technology needs through equipment replacement, extensive testing, and contingency planning. a OLUTION OF TAX APPEAL BY BROOKDALE MALL WILL NOT HURT CITY'S FINANCIAL CITION Currently, $73 million in valuation is under tax appeals. The city has already reserved in the General Funds $136,000, an amount officials believe sufficient to meet this potential obligation. A previous $1.1 million tax appeal brought by the former owners of the Brookdale Center for the years 1992 through 1996, was resolved in March 1998, with the city's settlement being paid in December of 1998 and January 1999. By reserving funds equal to that amount previously, the city's financial position was not negatively affected. MANAGEABLE DEBT POSITION CHARACTERIZED BY SIGNIFICANT SUPPORT FROM NON -LEVY SOURCES Moody's expects the city's 4.3% debt burden will remain manageable due to rapid principal amortization, significant support from non -levy sources, and moderate future borrowing needs. The city's aggressive payout schedule retires almost 86% of debt in ten ears. While debt service payments ac y p ym count for 18/ of 1998 operating expenditures, significant support from special assessments, tax increments, and enterprise fund revenues mitigate the impact of debt on the general tax levy. The proceeds from the current sale will finance road reconstruction. The city expects to continue issuing approximately $1.5 million annually in special assessment debt. KEY STATISTICS a 8 estimated population: 28,535 1998 full valuation: $1,157,013,516 Full valuation per capita: $40,547 Debt burden: 4.3% Debt service as a % of total expenditure: 18.1% Payout of principal (10 years): 86.3% FY98 General Fund balance: $7,338,000 (or 53.3% of General Fund revenues) ANALYSTS: Jonathan North, Analyst, Public Finance Group, Moody's Investors Service Dianne Golub, Backup Analyst, Public Finance Group, Moody's Investors Service CONTACTS: Journalists: (212) 553 -0376 Research Clients: (212) 553 -1625 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA HELD: November 22, 1999 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Brooklyn Center, Hennepin County, Minnesota, was duly called and held at the City Hall in said City on Monday, the 22nd day of November, 1999, at 7:00 o'clock P.M., for the purpose of awarding the sale of, $1,585,000 General Obligation Improvement Bonds, Series 1999A of the City. The following members were present: and the following were absent: Councilmember introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING OFFER ON THE SALE OF $1,585,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999A, AND PROVIDING FOR THEIR ISSUANCE A. WHEREAS, the City Council of the City of Brooklyn Center, Minnesota (the "City "), has heretofore determined and declared that it is necessary and expedient to issue $1,585,000 General Obligation Improvement Bonds, Series 1999A of the City, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the construction of various improvement projects in the City (the "Improvements "); and B. WHEREAS, the construction of each of the improve- ment projects to be financed by the Bonds have heretofore been ordered; and C. WHEREAS, offers to purchase the Bonds were solicited on behalf of the City by Springsted Incorporated; and D. WHEREAS, it is in the best interests of the City that the Bonds be issued in book -entry form as hereinafter provided; and • 1100232.1 • E. WHEREAS, the following offers were received, opened and recorded at the offices of Springsted Incorporated at 14:00 A.M., this same day: Bidder Interest Rate Net Interest Cost NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. Acceptance of Offer. The offer of (the "Purchaser "), to purchase $1,585,000 General Obligation Improvement Bonds, Series 1999A of the City (the "Bonds ", or individually a "Bond "), in accordance with the terms of proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable offer S received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of said Purchaser and to forthwith return to the others making offers their good faith deposits. 2. Terms of Bonds. (a) Title: Oriainal Issue Date: Denominations; Maturities: Term Bond Options,. The Bonds shall be titled "General Obligation Improvement Bonds, Series 1999A ", shall be dated December 1, 1999, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature on February 1 in the years and amounts as follows: i 1100232.1 2 e Year Amount Year Amount 2001 $165,000 2006 $155,000 2002 165,000 2007 155,000 2003 165,000 2008 155,000 2004 160,000 2009 155,000 2005 160,000 2010 150,000 As may be requested by the Purchaser, one or more Term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only Svstem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or successors to its functions hereunder (the "Depository ") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraph 10 (with respect to registration, transfer and exchange) Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by (the "Registrar ") in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Bonds neither the City nor the Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of . redemption, or (C) the payment to any Participant, any 1100232.1 3 • Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Register Holder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the Holder of the Holders of the Bonds as shown on the register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof (with respect to registration, transfer and exchange), references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations, to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, 1100232.1 4 collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Registrar may establish a special record date for such consent or other action. The City or the Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Registrar in its written acceptance of its duties under this Resolution and any paying agency registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof (with respect to no redemption), make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book -Entry Onlv Svstem. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City'may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. 1100232.1 5 (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10 hereof (with respect to registration, transfer and exchange). To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance to registration, with paragraph 10 hereof (with respect g transfer and exchange), the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof (with respect to registration, transfer and exchange). 3. Purpose. The Bonds shall provide funds to finance the construction various improvement projects in the City (the i "Improvements "). The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due completion and that diligence to p g any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 2000, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Maturity Interest Year Rate Year Rate 2001 2006 2002 2007 2003 2008 2004 2009 I 2005 2010 • 1100232.1 6 5. Optional Redemption. All Bonds maturing in the years 2008 through 2010, both inclusive, shall be subject to redemption and prepayment at the option of the City on February 1, 2007, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the City shall determine the maturities and principal amounts within each maturity to be prepaid; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. 6. Procedure for Redemption,. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and the Bond Registrar duly executed by the holder thereof or his attorney duly authorized in writing) and the City shall execute and the Bond Registrar shall authenticate and deliver to the holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 7. Bond Registrar. is appointed in Minnesota, t o act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly . appointed. Principal and interest on the Bonds shall be paid to 1100232.1 7 • the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution (with respect to interest payment and record date). 8. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: • 1100232.1 8 . UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF BROOKLYN CENTER R- $ GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1999A INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP December 1, 1999 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Brooklyn Center, Hennepin County, Minnesota (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 2000, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of , in Minnesota (the "Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond 1100232.1 9 I . Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Brooklyn Center, Hennepin County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Manager, the corporate seal of the Issuer having been intentionally omitted as permitted by law. 1100232.1 10 I Date of Registration: Registrable by: Payable able at• BOND REGISTRAR'S CITY OF BROOKLYN CENTER, CERTIFICATE OF HENNEPIN COUNTY, AUTHENTICATION MINNESOTA This Bond is one of the Bonds described in the /s/ Facsimile Resolution mentioned Mayor within. /s/ Facsimile Manager Bond Registrar By Authorized Signature 1100232.1 1 1 ON REVERSE OF BOND Redemption. All Bonds of this issue (the "Bonds ") maturing in the years 2008 through 2010, both inclusive, are subject to redemption and prepayment at the option of the Issuer on February 1, 2007, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the Issuer shall determine the maturities and principal amount within each maturity to be prepaid; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds. Selection of Bonds for Redemption: Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance: Puroose: General Obliaation. This Bond is one of an issue in the total principal amount of $1,585,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, which Bond has been issued pursuant to and in full conformity with the Constitution, laws of the State of Minnesota and pursuant to a resolution 1100232.1 12 adopted by the City Council of the Issuer on November 22, 1999 (the "Resolution "), for the purpose of providing money to finance the construction of various improvement projects. This Bond is payable out of the General Obligation Improvement Bonds, Series 1999A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchanae:. Resolution. The Bonds are issuable solely as fully registered bonds in the denominations of $5,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered Bonds of other authorized denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees uoon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. 1100232.1 13 Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Oualified Tax- Exemot Obligation. This Bond has been designated by the Issuer as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform. (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. i i 1100232.1 14 ASSIGNMENT s For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated. Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust • company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: i (Include information for all joint owners if the Bond is held by joint account.) 1100232.1 15 . Use only for Bonds when they are Registered in Book Entry Only System PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: Authorized Signature Date Amount of Holder • 1100232.1 16 9. Execution: Temnorary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) shall be executed on behalf of the City by the signatures of its Mayor and Manager and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. The temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Manager. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 10. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authenti- cation on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representa- tive of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentica- tion on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registra- tion the date of original issue, which date is December 1, 1999. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 11. Registration: Transfer: Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as . herein provided. 1100232.1 17 Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9 with respect to authentication) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, r the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regula- tions of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Finance Director is hereby authorized to negotiate and execute the terms of said agreement. • 1100232.1 18 I 12. Riahts Ubon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 13. Interest Pavment: Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 14. Treatment of Reaistered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving • payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above with respect to interest payment and record date) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 15. Deliverv; Aonlication of Proceeds. The Bonds when so prepared and executed shall be delivered by the Administrator to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 16. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds, Series 1999A Fund" (the "Fund ") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Construction Account" and "Debt Service Account ", respectively. 1100232.1 19 • (i) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $1,569,150, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 17, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application • of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of $1,569,150; (d) all collections of taxes hereafter levied for the payment of the Bonds and interest thereon in the event the sums herein pledged for the payment of the Bonds are insufficient therefor; (e) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (f) all investment earnings on funds held in the Debt Service Account; and (g) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption ® of the Bonds and any other general obligation bonds of the City 1100232.1 20 • hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5 %) of the proceeds of the Bonds or $100,000. To this effect any special assessments against benefitted properties are also pledged to the Debt Service Account, in excess of amounts which under then - applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code ") . 17. Assessments. It is hereby determined that no less than one hundred percent (100 %) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be heretofore levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby covenants and agrees that it has done and performed all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. It is hereby determined that the assessments which remain payable are payable in equal, consecutive installments of principal, with interest on the declining • balance, and with interest on the declining balance of all such 1100232.1 21 assessments at a rate per annum not greater than the maximum permitted by law and not less than % per annum: Improvement Levy Collection Desianation Amount Years Years Southeast Neighborhood Streets $765,270 1999 -2008 2000 -2009 Azelia Avenue 83,404 1999 -2008 2000 -2009 Earle Brown Drive 183,172 1999 -2008 2000 -2009 66th & Camden Street /Signal 555,742 1999 -2008 2000 -2009 18. Coverage Test. The assessments are such that if collected in full they, together with all other funds herein pledged for the payment of the Bonds, will produce at least five percent (5 %) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. 19. General Obliaation Pledae. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 20. Certificate of Reaistration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Hennepin County, Minnesota, together with such other information as they shall require, and to obtain the County Auditor's Certificate that the Bonds have been entered in the County Auditor's Bond Register. 21. Records and Bonds. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified ® copies, certificates and affidavits, including any heretofore 1100232.1 22 furnished shall be deemed representations ep esentations of the City as to the • facts recited therein. 22. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms b depositing itin with the Bond Y P g Registrar on or before g that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and /or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 23. Neaative Covenant as to Use of Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 24. Tax - Exempt Status of the Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small- issuer exception amount of $5,000,000. 1100232.1 23 • For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety -five percent (950) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax - exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148 (f) (4) (D) of the Code. 25. Compliance with Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). The City hereby certifies and /or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively W states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: W "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 200 of the "issue price" of the Bonds, and (ii) a de minimis amount of 1100232.1 24 e Reimbursement Expenditures not in excess of the lesser of $100,000 or 5 of the proceeds of the Bonds. Notwith- standing the foregoing, with respect to any Declaration made by the City between January 27, 1992 and June 30, 1993, with respect to a Reimbursement Expenditure made prior to March 2, 1992, the City hereby represents that there exists objective evidence, that at the time the Expenditure was paid the City expected to reimburse the cost thereof with the proceeds of a borrowing (taxable or tax - exempt) and that expectation was reasonable. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150 - 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. ® (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 25 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax - exempt status of the Bonds. 26. Desianation of Ouali.fied Tax - Exempt Obliaations: Issuance Limit. In order to qualify the Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of • the Code; 1100232.1 25 (d) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1999 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1999 have been designated for purposes of Section 265 (b) (3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Continuina Disclosure. (a) The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described to: (1) Provide or cause to be provided, in a timely manner, to (i) each nationally recognized municipal securities information repository (" NRMSIR") or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the state information depository (the "SID "), if any, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (2) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (3) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the Issuer to provide the annual financial information with respect to the Issuer described in the Undertaking. • 1100232.1 26 . (4) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking are intended to be for the benefit of the holders and any other beneficial owners of the Bonds and shall be enforceable on behalf of such holders and beneficial owners; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. (b) The Mayor and Manager of the City, or any other officer of the City authorized to act in their place, (the "Officers ") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the Council, subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the purchaser of the Bonds and (iii) acceptable to the Officers. 28. Severabilitv. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 29. Headinas. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a 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. 1100232.1 27 e STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance of $1,585,000 General Obligation Improvement Bonds, Series 1999A of said City. WITNESS my hand this day of 1999. Clerk s 1100232.1 28 OFFICIAL STATEMENT DATED NOVEMBER 8, 1999 Ratings: Requested from Moody's NEW ISSUES Investors Services In the opinion of Briggs and Morgan, Professional Association, Bond Counsel, based on present federal and Minnesota laws, regulations. rulings and decisions, at the time of their issuance and delivery to the original purchaser, interest on the Bonds is excluded from gross income for purposes of United States income tax and is excluded, to the same extent, in computing both gross and taxable net income for purposes of State of Minnesota income tax (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions). Interest on the Bonds is not an item of tax preference for purposes of the alternative minimum tax imposed on individuals and corporations; however, interest on the Bonds is taken into account for the purpose of determining adjusted current earnings for purposes of computing the federal alternative minimum tax imposed on corporations. No opinion will be expressed by Bond Counsel regarding other state or federal tax consequences caused by receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. See "TAX EXEMPTION' and "OTHER FEDERAL TAX CONSIDERATIONS" herein. $1 City of Brooklyn Center, Minnesota General Obligation Improvement Bonds, Series 1999A (Book Entry Only) Dated Date: December 1, 1999 Interest Due: Each February I and August 1, commencing August 1, 2000 The Bonds will mature February 1 as follows: 2001 $165,000 2003 $165,000 2005 $160,000 2007 $155.000 2009 $155,000 2002 $165,000 2004 $160,000 2006 $155,000 2008 $155,000 2010 $150,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. The City may elect on February 1, 2007, and on any day thereafter, to prepay the Bonds due on or after February 1, 2008 at a price of par plus accrued interest. The Bonds will be general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City pledge special assessments against benefited property. Proceeds of the Bonds will be used to finance various improvements within the City. The Bonds will be bank - qualified tax - exempt obligations pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, and will not be subject to the alternative minimum tax for individuals. A separate proposal for not less than $1,569,150 must be submitted for the Bonds, along with a certified or cashier's check or a Financial Surety Bond payable to the order of the City in the amount of $15,850. Proposals shall specify rates in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order. Award will be made on the basis of True Interest Cost (TIC). The Bonds will be issued as fully registered Bonds without coupons and, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company ( "DTC "). DTC will act as securities depository of the Bonds. Individual purchases may be made in book entry form only, in the principal amount of $5,000 and integral multiples thereof. Investors will not receive certificates representing their interest in the Bonds purchased. (See "Book Entry System" herein.) The City will name the registrar and pay for registration services. Bonds will be available for delivery at DTC within 40 days following the date of the award. PROPOSALS RECEIVED: November 22, 1999 (Monday) until 10:00 A.M., Central Time AWARD: November 22, 1999 (Monday) at 7:00 P.M., Central Time Further information may be obtained from SPRINGSTED S P RIN G S T E D Incorporated, Financial Advisor to the Issuer, 85 East Public Finance Advisors Seventh Place, Suite 100, Saint Paul, Minnesota 55101 - 2887(651)223 -3000 For purposes of compliance with Rule 15c2 -12 of the Securities and Exchange Commission, this document as the same may be supplemented or corrected by the City from time to time (collectively, the "Official Statement "), may be treated as an Official Statement with respect to the Bonds described herein that is deemed final as of the date hereof (or of any such supplement or correction) by the City, except for the omission of certain information referred to in the succeeding paragraph. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. Any such addendum shall, on and after the date thereof, be fully incorporated herein and made a part hereof by reference. By awarding the Bonds to any underwriter or underwriting syndicate submitting a Proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded copies of the Official Statement and the addendum or addenda described in the preceding paragraph in the amount specified in the Terms of Proposal. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a Proposal with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. No dealer, broker, salesman or other person has been authorized by the City to give any information or to make any representations with respect to the Bonds, other than as contained in the Official Statement or the Final Official Statement, and if given or made, such other information or representations must not be relied upon as having been authorized by the City. Certain information contained in the Official Statement and the Final Official Statement may have been obtained from sources other than records of the City and, while believed to be reliable, is not guaranteed as to completeness or accuracy. THE INFORMATION AND EXPRESSIONS OF OPINION IN THE OFFICIAL STATEMENT AND THE FINAL OFFICIAL STATEMENT ARE SUBJECT TO CHANGE, AND NEITHER THE DELIVERY OF THE OFFICIAL STATEMENT OR THE FINAL OFFICIAL STATEMENT NOR ANY SALE MADE UNDER EITHER SUCH DOCUMENT SHALL CREATE ANY IMPLICATION THAT THERE HAS I BEEN NO CHANGE IN THE AFFAIRS OF THE ISSUER SINCE THE DATE THEREOF. References herein to laws, rules, regulations, resolutions, agreements, reports and other documents do not purport to be comprehensive or definitive. All references to such documents are qualified in their entirety by reference to the particular document, the full text of which may contain qualifications of and exceptions to statements made herein. Where full texts have not been included as appendices to the Official Statement or the Final Official Statement, they will be furnished on request. TABLE OF CONTENTS Paae(s) Termsof Proposal ............................................................................ ............................... i-iv Scheduleof Bond Years ................................................................... ............................... v IntroductoryStatement ...................................................................... ............................... 1 ContinuingDisclosure ........................................................................ ............................... 1 TheBonds ......................................................................................... ............................... 2 -3 Authorityand Purpose ....................................................................... ............................... 4 Securityand Financing ................. ............................................................................. I...... 4 FutureFinancing. .... ......................... ....................... .......... ...................................... 4 Litigation............................................................................................ ............................... 4 TaxExemption ................................................................................... ............................... 5 Legality............................. ............................... .................................. ............................... 4 Other Federal Tax Consideration ....................................................... ............................... 5 -6 Bank - Qualitifed Tax - Exempt Obligations ........................................... ............................... 6 -7 Ratings............................................................... ............................... 6 Year2000 Issues ............................................................................... ............................... 7 FinancialAdvisor .............................................................................. ............................... 7 Certification.................... ............................... _................................... ............................... 8 CityProperty Values .......................................................................... ............................... 9 -10 CityIndebtedness .............................................................................. ............................... 10 -13 City Tax Rates, Levies and Collections .............................................. ............................... 13 -14 Fundson Hand .................................................................................. ............................... 14 CityInvestments ................................................................................ ............................... 14 -15 General Information Concerning the City ........................................... ............................... 16 -18 Governmental Organization and Services .......................................... ............................... 18 -20 Proposed Form of Legal Opinions ........................................... ............................... Appendix Continuing Disclosure Certificate ............................................. ............................... Appendix II Summary of Tax Levies, Payment Provisions, and Minnesota Real Property Valuation ....................................... ............................... Appendix III Selected Annual Financial Statements ..................................... ............................... Appendix IV ProposalForms ....................................................................... ............................... Inserted (This page was left blank intentionally.) it THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,585,000 CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, November 22, 1999, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223 -3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated December 1, 1999, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2000. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2001 $165,000 2005 $160,000 2009 $155,000 2002 $165,000 2006 $155,000 2010 $150,000 2003 $165,000 2007 $155,000 2004 $160,000 2008 $155,000 I Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, � representing the aggregate principal amount of the Bonds maturing in each year, will be I registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2007, and on any day thereafter, to prepay Bonds due on or after February 1, 2008. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefitted property. The proceeds will be used to finance four improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $1,569,150 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $15,850, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date j without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. i -ii- AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information at on relative to the Bonds, and said Official Statement will serve as a nearly _ final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement' of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 30 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 25, 1999 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Clerk 11/8/99 10.24 AM -iv- SCHEDULE OF BOND YEARS $1,585,000 CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 1999A Cumulative Year Principal Bond Years Bond Years 2001 $165,000 192.5000 192.5000 2002 $165,000 357.5000 550.0000 2003 $165,000 522.5000 1,072.5000 2004 $160,000 666.6667 1,739.1667 2005 $160,000 826.6667 2,565.8334 2006 $155,000 955.8333 3,521.6667 2007 $155,000 1,110.8333 4,632.5000 2008 $155,000 c 1 5,898.3333 2009 $155,000 c 1 7,319.1666 2010 $150,000 c 1,525.0000 8,844.1666 Average Maturity: 5.58 Years Bonds Dated: December 1, 1999 Interest Due: August 1, 2000 and each February 1 and August 1 to maturity. Principal Due: February 1, 2001 -2010 inclusive. Optional Call: Bonds maturing on or after February 1, 2008 are callable commencing February 1, 2007 and any date thereafter at par. (See Terms of Proposal.) c: subject to optional call -v- (This page was left blank intentionally.) OFFICIAL STATEMENT CITY OF BROOKLYN CENTER, MINNESOTA $1,585,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999A (BOOK ENTRY ONLY) INTRODUCTORY STATEMENT This Official Statement contains certain information regarding the City of Brooklyn Center, Minnesota (the "City ") and its issuance of $1,585,000 General Obligation Improvement Bonds, Series 1999A (the " Bonds" or the "Issue "). The Bonds are general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes without limit as to rate or amount. Inquiries may be directed to Mr. Charles R. Hansen, Finance Director, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, or by telephoning (612) 569 -3345. Information may also be obtained from Springsted Incorporated, 85 East Seventh Place, Suite 100, St. Paul, Minnesota 55101 -2887, or by telephoning (651) 223 -3000. If information of a specific legal matter is desired, requests may be directed Ms. Mary Dyrseth, Briggs and Morgan Professional Association, 220 First National Bank Building, 27" Floor, 322 Minnesota Street, St. Paul, MN 55101, (651) 223 -6450. CONTINUING DISCLOSURE In order to assist the Underwriters in complying with SEC Rule 15c2 -12 (the 'Rule "), pursuant to the Award Resolution and Continuing Disclosure Certificate to be executed on behalf of the City f on or before closing (the "Certificate "), the City has and will covenant for the benefit of holders or beneficial owners of the Bonds to provide certain financial information and operating data relating to the City to certain information repositories annually, and to provide notices of the occurrence of certain events enumerated in the Rule to certain information repositories or the Municipal Securities Rulemaking Board and to any state information depository. The specific nature of the f Certificate, as well as the information to be contained in the annual report or the notices of material events is set forth in the Certificate in substantially the form attached hereto as Appendix II, subject to such modifications thereof or additions thereto as: (i) consistent with requirements under the Rule, (ii) required by the purchaser of the Bonds from the City and (iii) acceptable to the Mayor and Manager of the City. The City has never failed to comply in all material respects with any previous undertakings under the Rule to provide annual reports or notices of material events. A failure by the City to comply with the Certificate will not constitute an event of default on the Bonds (although holders or other beneficial owners of the Bonds will have the sole remedy of bringing an action for specific performance). Nevertheless, such a failure must be reported in accordance with the Rule and must be considered by any broker, dealer or municipal securities dealer before recommending the purchase or sale of the Bonds in the secondary market. Consequently, such a failure may adversely affect the transferability and liquidity of the Bonds and their market price. -1- THE BONDS General Description The Bonds are dated as of December 1, 1999. The Bonds will mature annually on February 1, as set forth on the cover of this Official Statement. The Bonds are issued in book entry form. Interest on the Bonds is payable August 1, 2000 and semi - annually thereafter on February 1 and August 1. Interest will be payable to the holder (initially Cede & Co.) registered on the books of the registrar (the "Registrar ") on the fifteenth day of the calendar month next preceding such interest payment date. Principal of and interest on the Bonds will be paid as described in the section herein entitled "Book Entry System." The City will name the registrar for the Bonds and pay for registration services. Optional Redemption The City may elect on February 1, 2007, and on any day thereafter, to prepay the Bonds due on or after February 1, 2008. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Book -Entry System The Depository Trust Company ( "DTC "), New York, New York, will act as securities depository for the Bonds. The Bonds will be issued as fully- registered securities registered in the name of Cede & Co. (DTC's partnership nominee). One fully- registered certificate per maturity will be issued in the principal amount of the Bonds maturing in such year, and will be deposited with DTC. DTC is a limited - purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds securities that its participants ( "Participants ") deposit with DTC. DTC also facilitates the settlement among Participants of securities transactions, such as transfers and led es in deposited securities through electronic P 9 P 9 computerized book entry changes in Participants' accounts, thereby eliminating the need for physical movement of securities certificates. Direct Participants ( "Direct Participants ") include securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock Exchange, Inc., the American Stock Exchange, Inc., and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ( "Indirect Participants "). The Rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission. Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC's records. The ownership interest of each actual purchaser of each Certificate ( "Beneficial Owner ") is in turn to be recorded on the Direct -2- and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interest in the Bonds are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interest in securities, except in the event that use of the book entry system for the Bonds is discontinued. To facilitate subsequent transfers, all Bonds deposited by Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. The deposit of Bonds with DTC and their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds. DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices for the Bonds shall be sent to Cede & Co. If less than all of the Bonds within an issue are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. Neither DTC nor Cede & Co. will consent or vote with respect to Bonds. Under its usual procedures, DTC mails an Omnibus Proxy to the Registrar as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Bonds will be made to DTC. DTC's practice is to credit I Direct Participants' accounts on the payable date in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that it will not receive payment on payable date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the Registrar, or the City, subject to any statutory or regulatory ' requirements as may be in effect from time to time. Payment of principal and interest to DTC is the responsibility of the Registrar, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the Registrar. Under such circumstances, in the event that a successor securities depository is not obtained, certificates are required to be printed and delivered. The City may decide to discontinue use of the system of book entry transfers through DTC (or a successor securities depository). In that event, certificates will be printed and delivered. The information in this section concerning DTC and DTC's book entry system has been obtained from sources that the City believes to be reliable, but the City takes no responsibility for the accuracy thereof. -3- AUTHORITY AND PURPOSE The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. Proceeds will be used to finance various improvement projects within the City. The composition of the Bonds is as follows: Project Costs to be Financed $1,550,787 Plus: Costs of Issuance 20,950 Allowance for Discount Bidding 15,850 Less: Investment Earnings (2,587) Total $1,585,000 SECURITY AND FINANCING In addition to the City's general obligation pledge, the City also pledges special assessments against benefited property for repayment of the Bonds. Special assessments totaling approximately $1,587,588 of principal are expected to be filed on or before November 30, 1999 for first collection in 2000. All assessments will be spread over a term of ten years with equal annual payments of principal, and interest charged on the unpaid balance at a rate of 6 %. Each August 1 interest payment will be made from first -half collections of special assessments levied the previous year. Each subsequent February 1 payment of principal and interest will be made from second -half assessment collections, together with surplus first -half collections. An ad valorem tax levy is not expected to be necessary. FUTURE FINANCING The City has no additional borrowing plans for at least the next 90 days. LITIGATION The City is not aware of any threatened or pending litigation affecting the validity of the Bonds or the City's ability to meet its financial obligations. LEGALITY The Bonds are subject to approval as to certain matters by Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, as Bond Counsel. Bond Counsel has not participated in the preparation of this Official Statement and will not pass upon its accuracy, completeness, or sufficiency. Bond Counsel has not examined nor attempted to examine or verify, any of the financial or statistical statements, or data contained in this Official Statement -4- TAX EXEMPTION At closing Briggs and Morgan, Professional Association, Bond Counsel, will render an opinion that, at the time of their issuance and delivery to the original purchaser, under present federal and State of Minnesota laws, regulations, rulings and decisions (which excludes any pending legislation which may have a retroactive effect), the interest on each Bond is excluded from gross income for purposes of United States income tax and is excluded, to the same extent, in computing both gross income and taxable net income for purposes of State of Minnesota income tax (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions), and that interest on the Bonds is not an item of tax preference for purposes of computing the federal alternative minimum tax imposed on individuals and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; provided that interest on the Bonds is subject to federal income taxation to the extent it is included as part of adjusted current earnings for purposes of computing the alternative minimum tax imposed on certain corporations. No opinion will be expressed by Bond Counsel regarding other federal or state tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. Preservation of the exclusion of interest on the Bonds from federal gross income and state gross and taxable net income, however, depends upon compliance by the City with all requirements of the Internal Revenue Code of 1986, as amended, (the "Code ") that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be (or continue to be) excluded from federal gross income and state gross and taxable net income. The City will covenant to comply with requirements necessary under the Code to establish and maintain the Bonds as tax - exempt under Section 103 thereof, including without limitation, requirements relating to temporary periods for investments and limitations on amounts invested at a yield greater than the yield on the Bonds. OTHER FEDERAL TAX CONSIDERATIONS Property and Casualty Insurance Companies Property and casualty insurance companies are required to reduce the amount of tax - exempt interest received or accrued during the taxable year on certain obligations acquired after August 7, 1986, including interest on the Bonds. Foreign Insurance Companies Foreign companies carrying on an insurance business in the United States are subject to a tax on income which is effectively connected with their conduct of any trade or business in the United States, including "net investment income." Net investment income includes tax - exempt interest such as interest on the Bonds. Branch Profits Tax A foreign corporation is subject to a branch profits tax equal to 30% of the "dividend equivalent amount" for the taxable year. The "dividend equivalent amount" is the foreign corporation's "effectively connected earnings and profits" adjusted for increase or decrease in "U.S. net equity." A branch's earnings and profits may include tax - exempt municipal bond interest, such as interest on the Bonds. -5- Passive Investment Income of S Corporations Passive investment income, including interest on the Bonds, may be subject to federal income taxation under Section 1375 of the Code for an S corporation that has Subchapter C earnings and profits at the close of the taxable year if more than 25% of the gross receipts of such S corporation is passive investment income. Financial Institutions For federal income tax purposes, financial institutions are unable to deduct any portion of the interest expense allocable to the ownership of certain tax - exempt obligations acquired after August 7 1986 including ncluding the Bonds. General The preceding is not a comprehensive list of all federal tax consequences which may arise from the receipt or accrual of interest on the Bonds. The receipt or accrual of interest on the Bonds may otherwise affect the federal income tax or Minnesota income tax or franchise tax liability ( ) Y of the recipient based on the particular taxes to which the recipient is subject and the particular tax status of other items of income or deductions. All prospective purchasers of the Bonds are advised to consult their own tax advisors as to the tax consequences of, or tax considerations for, purchasing or holding the Bonds. BANK - QUALIFIED TAX - EXEMPT OBLIGATIONS The _ e C t will designate the Y g Bonds as bank - qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986 as amended relating to the ability of financial institutions to deduct from income for federal income tax purposes, interest expense that is allocable to carrying and acquiring tax - exempt obligations. "Qualified tax - exempt obligations" are treated as acquired by a financial institution before August 8, 1986. Interest allocable to such obligations remains subject to the 20% disallowance under prior law. RATING An application for a rating of the Bonds have been made to Moody's Investors Service ( "Moody's "), 99 Church Street, New York, New York. If a rating is assigned, it will reflect only the opinion of Moody's. Any explanation of the significance of the rating may be obtained only from Moody's. There is no assurance that a rating, if assigned, will continue for any given period of time, or that such a rating will not be revised or withdrawn, if in the judgment of Moody's, circumstances so warrant. A revision or withdrawal of the rating may have an adverse effect on the market price of the Bonds. -6- YEAR 2000 ISSUES Background Many existing computer programs use only the last two digits to refer to a year. These programs do not properly recognize a year that begins with "20" rather than "19 ". If not corrected, many computer applications could fail or create erroneous results, possibly affecting an organization's operations, financial condition, or ability to make timely payments on its indebtedness. Assessment The City has completed an inventory of computer hardware and software, and also embedded computer chips in equipment. The City believes that all of its mission critical software and equipment is fully Year 2000 compliant. Several significant software applications are provided to the City by LOGIS. LOGIS has tested its hardware and software and found all systems I except one to be fully Year 2000 compliant. The one exception will continue to function with ` minor work - grounds. Vendor and service providers have been contacted to ensure that they are also Year 2000 compliant. Northern States Power and Minnegasco have assured the City that they will be able to provide electricity and natural gas supplies. The City's management team, including emergency management, has been doing contingency planning for operational issues which may arise from December 31, 1999 through January 2000. DTC DTC is currently supporting Year 2000 testing. A home page on the Internet has been established by DTC at www.dtc.orq where notices and other information regarding DTC's Year 2000 project progress will be made available to Internet users regarding DTC Year 2000 issues. There can be no guarantees that the systems of such other third parties will be timely converted or remediated, or that failure to convert or remediate by such other entity, will not have a material adverse impact on the District or impede its ability to make timely payments of principal and interest on the Bonds. FINANCIAL ADVISOR The City has retained Springsted Incorporated, Public Finance Advisors, of St. Paul, Minnesota, as financial advisor (the "Financial Advisor ") in connection with the issuance of the Bonds. In preparing the Official Statement, the Financial Advisor has relied upon governmental officials, and other sources, who have access to relevant data to provide accurate information for the Official Statement, and the Financial Advisor has not been engaged, nor has it undertaken, to independently verify the accuracy of such information. The Financial Advisor is not a public accounting firm and has not been engaged to compile, review, examine or audit any information in the Official Statement in accordance with accounting standards. The Financial Advisor is an independent advisory firm and is not engaged in the business of underwriting, trading or distributing municipal securities or other public securities and therefore will not participate in the underwriting of the Bonds. -7- CERTIFICATION The City has authorized the distribution of this Official Statement for use in connection with the initial sale of the Bonds. As of the date of the settlement of the Bonds, the Purchaser will be furnished with a certificate signed by the appropriate officers of the City. The certificate will state that as of the date of the Official Statement, the Official Statement did not and does not as of the date of the certificate contain any untrue statement of material fact or omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. (The Balance of This Page Has Been Intentionally Left Blank) -8- CITY PROPERTY VALUES 1998 Indicated Market Value of Taxable Property: $1,157,013,516' Calculated by dividing the county assessor's estimated market value of $1,095,691,800 by the 1998 sales ratio of 94.7% for the City as determined by the State Department of Revenue. 1998 Taxable Net Tax Capacity: $18,903,047 1998 Net Tax Capacity $20,420,300 Less: Captured Tax Increment Tax Capacity (2,054,659) Contribution to Fiscal Disparities (3,122,836) Plus: Distribution from Fiscal Disparities 3.660.242 1998 Taxable Net Tax Capacity $18,903,047 1998 Taxable Net Tax Capacity by Class of Property Residential Homestead $ 7,546,213 39.92% Commercial/Industrial, Public Utility, and Personal Property 9,589,848 50.73 Residential Non - Homestead 1,763,680 9.33 Other 3,306 0.02 Total $18,903,047 100.00% Reflects adjustments for fiscal disparities and captured tax increment tax capacity. Trend of Values Indicated Estimated Taxable Tax Year Market Value(a) Market Value Capacity(b) 1998 $1,157,013,516 $1,095,691,800 $18,903,047 1997 1,076,922,761 1,021,999,700 19,329,196 1996 1,050,115,231 1,000,069,700 20,815,317 1995 1,075,867,538 987,646,400 21,317,771 1994 1,018,184,211 986,620,500 21,277,190 (a) Calculated by dividing the county assessor's estimated market value by the sales ratio as certified for the City each year by the State Department of Revenue. (b) For further discussion of taxable tax capacity and the Minnesota property tax system, see Appendix W. -9- Ten of the Largest Taxpayers in the City 1998 Net Taxpaver Tvpe of Pronertv Tax Capacitv Talisman Brookdale, LLC Brookdale Mall $909,249 Dayton Hudson Corp. Retail /Office 706,535 Hennepin Co. Hotel Association Commercial 355,320 Bradley Real Estate Retail 302,957 Sears Roebuck and Co. Department Store 278,425 Brooklyn Center Ltd Partnership Commercial 266,294 Brookdale Assoc. Ltd Partnership Commercial 241,276 Lanel Commercial 228,750 Easley Industrial 199,675 Brookdale Two Ltd Parnershp Commercial 190,285 Total $3,678,766 Represents 99.46% of the City's 1998 taxable net tax capacity. CITY INDEBTEDNESS Legal Debt Limit Legal Debt Limit (2% of Estimated Market Value) $21,913,836 Less: Outstanding Net Debt Subject to Limit (7,575,000) Legal Debt Margin as of October 2, 1999 $14,338,836 General Obligation Debt Supported by Taxes Principal Date Original Final Outstanding of Issue Amount Purpose Maturitv As of 10 -2 -99 12 -1 -97 $7,900,000 Police and Fire Building 2 -1 -2013 $7,575,000 This issue is subject to the statutory debt limit. General Obligation Debt Supported Primarily by Taxes and/or Special Assessments Principal Date Original g Final Outstanding of Issue Amount Purpose Maturitv As of 10 -2 -99 8 -1 -94 $ 835,000 Improvement 2 -1 -2005 $ 530,000 11 -1 -95 780,000 Improvement 2 -1 -2006 570,000 11 -1 -96 1,440,000 Improvement 2 -1 -2007 1,190,000 12 -1 -97 1,075,000 Improvement 2 -1 -2008 960,000 12 -1 -98 1,085,000 Improvement 2 -1 -2009 1,085,000 12 -1 -99 1,585,000 Improvement (the Bonds) 2 -1 -2010 1,585,000 Total $5,920,000 -10- General Obligation Debt Supported by Tax Increments Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 10 -2 -99 3 -1 -91 $6,050,000 Tax Increment 2 -1 -2004 $ 3,225,000 2 -1 -92 4,270,000 Refunding 2 -1 -2003 2,860,000 11 -1 -95 4,560,000 Tax Increment 2 -1 -2011 4,335.000 Total $10,420,000 General Obligation Debt Supported by Other Sources (State Allocations and Enterprise Revenues) Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 10 -2 -99 9 -1 -91 $3,000,000 State -Aid Road 4 -1 -2000 $ 205,000 I 8 -1 -94 1,830,000 Storm Sewer 2 -1 -2005 1,230,000 12 -1 -98 1,585,000 State -Aid Road Refunding 4 -1 -2006 1,585,000 Total $3,020,000 Annual Calendar Year Debt Service Payments Including This Issue G.O. Debt Supported G.O. Debt Supported by Taxes and /or by Taxes Special Assessments Principal Principal Year Principal & Interest Principal & Interest(b) 1999(10-2) Paid Paid Paid Paid 2000 400,000 739,025.00 535,000 768,071.66 2001 415,000 736,906.25 700,000 931,575.00 2002 435,000 738,735.00 700,000 901,253.75 2003 450,000 734,595.00 705,000 875,016.25 2004 470,000 734,467.50 700,000 838,002.50 2005 495,000 738,113.75 705,000 810,223.75 2006 515,000 735,512.50 605,000 679,442.50 2007 540,000 736,640.00 515,000 563,153.75 2008 565,000 736,218.75 355,000 382,778.75 2009 595,000 739,100.00 250,000 263,633.75 2010 625,000 740,273.75 150,000 153,862.50 2011 655,000 739, 710.00 2012 690,000 742,257.50 2013 725,000 742,762.50 Total $7,575,000(a) $10,334,317.50 $5,920,000(c) $7,167,014.16 -11- I Annual Calendar Year Debt Service Payments Including This Issue (Continued) G.O. Debt Supported Primarily G.O. Debt Supported by Tax Increments by Other Sources Principal Principal Year Principal & Interest Principal & Interest 1999(10-2) (Paid) (Paid) (Paid) (Paid) 2000 1,280,000 1,875,553.75 385,000 529,633.75 2001 1,450,000 1,969,408.75 430,000 534,770.00 2002 1,540,000 1,973,892.50 445,000 531,128.75 2003 1,645,000 1,985,412.50 465,000 531,380.00 2004 1,775,000 2,012,302.50 490,000 535,310.00 2005 360,000 531,122.50 510,000 532,887.50 2006 360,000 507,362.50 295,000 300,678.75 2007 385,000 507,585.00 2008 385,000 481,693.75 2009 400,000 470,200.00 2010 415,000 457,693.75 2011 425,000 439,343.75 Total (d) $10,420,000 $13,211,571.25 $3,020,000 $3,500,646.25 i (a) 64% of this debt will be retired within ten years. (b) Includes the Bonds at an assumed average annual rate of 4.85 %. (c) 98% of this debt will be retired within ten years. (d) 92% of this debt will be retired within ten years. Summary of General Obligation Direct Debt Gross Less: Debt Net Debt Service Funds(a) Direct Debt Supported by Taxes $ 7,575,000 (b) $ 7,575,000 Supported Primarily by Taxes and /or Special Assessments 5,920,000 ($970,778) 4,949,222 Supported by Tax Increments 10,420,000 ( 23,540) 10,396,460 i Supported by Other Sources 3,020,000 (c) 3,020,000 (a) Debt service funds are as of September 30, 9999 and include money to pay both principal and interest. (b) The City's tax collections are initially placed in the General Fund and are transferred into the debt service fund at year's end. (C) The State Aid Road Bonds and the State Aid Road Refunding Bonds are paid from allotments made by the State of Minnesota Municipal State Aid Highway Fund; and the Storm Sewer Bonds are paid directly from net revenues of the Storm Drainage Enterprise Fund. -12- Indirect General Obligation Debt Debt Applicable to 1998 Taxable G.O. Debt Tax Capacitv in Citv Taxing Unit(a) Net Tax Capacitv As of 10- 2 -99(b) Percent Amount Hennepin County $1,024,048,441 $225,520,000 1.85% $ 4,172,120 Hennepin Parks 756,178,289 13,330,000 2.50 333,250 ISD 11 (Anoka- Hennepin) 118,368,918 97,093,282 1.76 1,780,842 ISD 279 (Osseo) 80,644,137 103,360,000(d) 6.58 6,801,088 ISD 286 (Brooklyn Center) 6,399,877 6,735,000 100.00 6,735,000 Metropolitan Council 2,090,818,016 31,695,000tc 0.90 285,255 Metropolitan Transit 1,858,308,144 89,630,000 1.02 914.226 District Total $21,021,781 (a) Only those taxing units with debt outstanding are shown here. (b) Excludes general obligation tax and aid anticipation debt and revenue supported debt. Metropolitan Council also has outstanding $554,970,000 of general obligation sanitary sewer bonds and loans which are supported by sewer system revenues. (d) Does not include Certificates of Participation in the amount of $6,280,000 expected to be issued in December, 1999. Debt Ratios G.O. Net G.O. Indirect & Direct Debt' Net Direct Debt To 1998 Indicated Market Value ($1,157,013,516) 1.98% 3.80% Per Capita (28,535 - 1998 Metropolitan Council Estimate) $803 $1,540 Excludes general obligation debt supported by other sources (state aid allotments and revenues). I CITY TAX RATES, LEVIES AND COLLECTIONS Tax Capacity Rates for a City Resident in ISD 286 1998/99 For 1994195 1995/96 1996197 1997/98 Total Debt Onlv Hennepin County 37.454% 37.270% 35.515% 38.386% 40.994% 2.515% City of Brooklyn Center 31.091 30.344 32.875 35.214 36.998 1.374 ISD 286 (Brooklyn Center) 76.861 58.682 56.260 51.567 59.807 9.007 Special Districts 6.357 6.900 6.659 7.483 8.553 1.553 Total 151.763% 133.196% 131.309% 132.650% 146.352% 14.449% Special Districts include Metropolitan Council, Metropolitan Transit District, Metropolitan Mosquito Control, Hennepin County Technical College, Hennepin County Regional Rail Authority, and Hennepin County Parks. NOTE: Property taxes are determined by multiplying the net tax capacity by the tax capacity rate expressed as a percentage. (See Appendix lll.) -13- Tax Levies and Collections Collected During Collected Net Collection Year As of 5- 15 -9(b) Levv /Collect Levy (a) Amount Percent Amount Percent 1998/99 $7,897,378 (In Process of Collection) 1997/98 7,683,341 $7,639,492 99.f4% $7,666,271 99.8% 1996/97 6,697,731 6,623,035 98.9 6,630,522 99.0 1995/96 6,424,301 6,354,399 98.9 6.130,449 95.4 1994/95 6,447,625 6,362,402 98.7 6.044,905 93.8 (a) The net tax levy excludes Homestead and Agricultural Credit Aid ('HACA'J. The net levy is the basis for computing tax capacity rates. (b) The decrease in tax collections, subsequent to the initial collection year, resulted from refunds to taxpayers, based on court rulings of petitions and abatements, which were not filed until after the collection year. FUNDS ON HAND As of September 30, 1999 Fund Cash and Investments General $ 5,907,373.59 Special Revenue 3,408,124.73 Capital Projects 9,578,765.00 Debt Service: Special Assessment 970,778.12 Tax Increment 23,540.17 Building Improvement 329,362.73 MSA Refunding 1,555,949.98 Enterprise 4,476,596.77 Internal Service 4,751,426.03 Total $31,001,917.12 CITY INVESTMENTS The City's investment policy, last revised on March 24, 1997, has the objectives of preserving safety of principal, retaining sufficient liquidity, providing a market rate of return, and yielding a stable return on all invested City funds. Minnesota Statutes, Chapter 118A, authorize and define an investment program for municipal governments. The City shall invest in the following instruments allowed by Minnesota Statutes: a. Securities that are the direct obligations or are guaranteed or insured issues of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress; including governmental bills, notes, bonds, and other securities. -14- b. Commercial paper issued by U.S. corporations or their Canadian subsidiaries that is rated in the highest quality by at least two nationally recognized rating agencies and matures in 270 days or less. C. Time deposits that are fully insured by the Federal Deposit Insurance Corporation or bankers acceptances of U.S. banks. d. Repurchase agreements and reverse repurchase agreements may be entered into with financial institutions identified by Minnesota Statutes, Chapter 118A. e. Securities lending agreements may be entered into with financial institutions identified by Minnesota Statutes, Chapter 118A. f_ Minnesota joint powers investment trusts may be entered into with trusts identified by Minnesota Statutes, Chapter 118A. g. Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of short-term securities permitted by Minnesota Statutes, Chapter 118A. h. Bonds of the City of Brooklyn Center issued in prior years, may be redeemed at current market price, which may include a premium, prior to maturity using surplus funds of the debt service fund set up for that issue. Such repurchased bonds shall be canceled and removed from the obligation of the fund. Derivative securities, which obtain their value by the calculation of some portion of the value of another security, shall not be purchased. Mortgage- backed securities, even if insured by a Federal Agency, and stripped securities also shall not be purchased, pursuant to the policy. Investments of the City shall be undertaken in a manner which seeks to insure the preservation of capital in the overall portfolio. Safety of principal is the foremost objective. Liquidity and yield are also important considerations. It is essential that the investment portfolio remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The investment portfolio of the City shall be designed to attain a market - average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints and liquidity needs. Return on investment is of least importance compared to the objectives for safety and liquidity. Securities shall be held to maturity with the exceptions of meeting the liquidity needs of the portfolio and minimizing loss of principal for a security of declining credit. Securities of various maturities shall be purchased so that at least half of the investment portfolio will remain for two or more years with known interest rates. Authority to manage the investment program is vested in the City Manager, City Treasurer, and Assistant City Treasurer, with the City Treasurer responsible for establishing and maintaining an internal control structure to provide reasonable assurance that the objectives of the policy are met. As of September 30, 1999 the City had $24,375,000 (par value) invested, with a market value of $24,059,462 (98.7% of the original cost to the City). U.S. Treasury notes represented 60.3% of the City's portfolio with $14,700,000 invested. Government agency securities totaled $5,525,000, representing 22.7% of the portfolio. The balance ($4,150,000), representing 17.0% of the portfolio, is in certificates of deposit and commercial paper. 53.13% of the portfolio matures within three years or less; 85.54% matures within five years or less; and none of the securities held by the City have a maturity later than 2009. -15- GENERAL INFORMATION CONCERNING THE CITY I The City of Brooklyn Center is a northern suburb of the Minneapolis /Saint Paul metropolitan area, lying adjacent to the City of Minneapolis. The City is wholly within Hennepin County and encompasses an area of approximately 8.5 square miles. The Mississippi River forms the City's eastern boundary. The City experienced its most rapid growth from 1950 to 1970 when the City's population grew from 4,300 to its peak of 35,173. The 1990 U.S. Census count for the City is 28,887, a 7.5% decline from the 1980 Census. The 1998 population, as estimated by the Metropolitan Council, is 28,535. In contrast to the decline in population (which is due almost entirely to fewer persons per household), the number of housing units has generally continued to increase from 10,493 in 1970 to 11,035 in 1980 and 11,370 in 1990. The number dropped slightly in 1996 to 11,133 housing units. This was due to the removal of some units by the City in accordance with a pre - planned redevelopment effort. In 1998, the number increased to 11,295. Major transportation routes in and through the City, including Interstate Highways 94 and 694, and State Highways 100 and 252, have provided a continued impetus for development of a strong commercial tax base in the City. Growth and Development Commercial and industrial property comprises 52.6% of the City's taxable net tax capacity. There are four major shopping centers located in the City in addition to a large number of retail establishments including K -Mart, Kohl's Department Store, Toys R Us and Rainbow Foods. The largest commercial property in the City is Brookdale Mall, a 1,000,000 square -foot regional shopping center anchored by Dayton's, Sears, Penney's, and Mervyn's of California. The other three retail shopping centers include Brookdale Square, a 125,000 square -foot strip center plus an 8- screen theater; Shingle Creek Center, a 157,000 square -foot building _ anchored by Target; and Brookview Plaza, a 70,000 square -foot center anchored by Best Buy. New construction in 1999 includes the Regal Theater (20 screens) for $8,782,000; Cub Foods for $3,350,000; and Wickes Distribution Center for $5,800,000_ Several remodeling projects in 1999 include Sears at Brookdale for $2,163,000; J.C. Penny's at Brookdale for $418,000; Target Stores for $1,185,000; Brookdale Chrysler Plymouth for $600,000; Minnesota School of Business for $440,000; and Sears Automotive for $110,000. The convergence of highways in Brooklyn Center make it an attractive sight for hotels and motels. Establishments now operating here or under construction include: Americlnn, Baymont Inn, Comfort Inn, Country Inn & Suites, Extended Stay America Hotel, Hilton Hotel, Holiday Inn, and Super 8 Motel. -16- Summary of Building Permits New Residential Total Permits Permits only Number Value Number Value 1999 (at 9 -30) 1,088 $35,466,270 18 $2,697,346 1998 1,476 23,191,425 6 $ 644,832 1997 796 18,274,806 3 225,000 f 1996 607 16,647,400 18 1,126,000 1995 603 11,945,264 2 153,000 1994 604 13,038,263 9 587,000 1993 520 11,437,250 7 505,000 1992 549 14,249,265 14 948,810 1991 466 8,800,980 7 450,745 1990 504 8,035,605 1 65,249 Major Employers in the City Approximate Number Employer Product /Service of Employees Brookdale Center Shopping Center 1,700 City of Brooklyn Center Government 350* Promeon, Div. of Medtronics Medical Components 300 Hoffman Engineering Electrical Enclosure 270 TCR Corporation Metal Components 175 Ault, Inc. Manufacturing 160 Cass Screw Machine Products Screw Machine Parts 125 Graco, Inc. Spray Paint Equipment 100 Precision Inc. Electronic Transformers and Coils 100 Hiawatha Rubber Company Custom Rubber Molder 85 Highway 100 Sports Club Health Club 75 Creative Banner Assemblies Banners and Flags 50 * Includes full- and part -time employees. Source: Minnesota Manufacturers Register for 1998 and a telephone survey conducted November, 1999. Labor Force Data September 1999 September 1998 Civilian Unemployment Civilian Unemployment Labor Force Rate Labor Force Rate Hennepin County 669,098 2.5% 655,651 2.6% Minneapolis /St. Paul MSA 1,720,324 2.3 1,691,109 2.7 Minnesota 2,744,950 2.6 2,701,839 2.8 Source. Minnesota Department of Economic Security. 1999 data is preliminary. -17- Financial Institutions Branch facilities of financial institutions located in Brooklyn Center include: Marquette Bank, National Association; Norwest Bank Minnesota, National Association; Firstar Bank of Minnesota, National Association; and TCF National Bank Minnesota, as well as numerous credit unions. Source. Upper Midwest Financial Directory, Spring 9998. Education The City is served by four independent school districts: ISD 11 (Anoka- Hennepin), ISD 279 (Osseo), ISD 281 (Robbinsdale) and ISD 286 (Brooklyn Center). The City's taxable net tax capacity is attributable to each of the four school districts as follows: Portion of 1998 Taxable Net Tax Capacity Located in the Citv % of Total ISD 286 (Brooklyn Center) $ 6,399,877 33.86% ISD 281 (Robbinsdale) 5,114,068 27.05 ISD 279 (Osseo) 5,307,916 28.08 ISD 11 (Anoka- Hennepin) 2,081,186 11.01 Total $18,903,470 100.00% I ISD 286 is located entirely within the City of Brooklyn Center. Medical Major medical facilities in the Minneapolis /St. Paul metropolitan area are easily accessible to all a City residents. North Memorial Medical Center is located in the adjacent City of Robbinsdale and has 518 acute care beds. Unity Medical Center is located in the adjacent City of Fridley and has 275 acute care beds. GOVERNMENTAL ORGANIZATION AND SERVICES 1 Organization Brooklyn Center has been a municipal corporation since 1911, and is governed under a Home Rule Charter adopted in 1966 and subsequently amended. The City has a council -Mayor form of government. The Mayor and four Council Members are elected to serve overlapping four - year terms. Individuals comprising the current City Council are listed below: Expiration of Term Myrna Kragness Mayor December 31, 2002 Debra Hilstrom Council Member December 31, 2002 Ed Nelson Council Member December 31, 2002 Kay Lasman Council Member December 31, 2000 Robert Peppe Council Member December 31, 2000 -18- The City Manager, Mr. Michael J. McCauley, is responsible for the administration of Council policy and the daily management of the City. The Manager is appointed by the Council and serves at its discretion. Mr. McCauley has served the City in the position of City Manager since December of 1995. The Director of Finance Mr. Charles R. Hansen, is responsible for directing the City's financial operations, including preparation of the annual financial report and interim reports, and the investment of City funds. Mr. Hansen has served the City as Director of Finance since 1993 and was previously assistant to the City Director of Finance for seven years. Services The City has 160 full -time and 190 part-time employees serving in various departments. Forty - three full -time police officers and a support staff of 16 provide protective services in the City. Fire protection is provided by one full -time member and a 39- member volunteer force. The City has two fire stations and a class 5 insurance rating. All areas of the City are serviced by municipal water and sewer systems. Water is supplied by nine wells and storage is provided by three elevated tanks with a combined total capacity of 3.0 million gallons. The municipal water system has a pumping capacity of 17.6 million gallons per day (mgd). The average daily water demand is estimated to be 3.4 mgd and peak demand is estimated to be 8.7 mgd. Water connections totaled 8,907 as of December 31, 1998. Although the City owns and maintains its own sanitary and storm sewer collection systems, wastewater treatment facilities are owned and operated by the Metropolitan Council's office of environmental services. The City is billed an annual service charge by Met Council, which charge is adjusted the subsequent year based on actual usage. The City had 8,784 sewer connections at the end of 1998. The City owns one off -sale liquor store and two liquor store facilities are leased. Under the City's current five -year lease, which expires in 2000, minimum annual rental payments are $24,933 In 1998, a transfer of $75,000 was made to the Capital Improvement Fund it is anticipated that this transfer will continue annually through 2000. City offices are located in the Brooklyn Center Civic Center which was constructed in 1971. The Civic Center has a 300 -seat hall, a 50 meter indoor /outdoor swimming pool and exercise and game rooms. The City maintains 527 acres of parkland, much of which is located along Shingle Creek forming a "green way" north to south through the City. Recreational facilities include a par 3 9 -hole golf course, 20 playgrounds, softball and baseball diamonds, basketball courts, tennis courts, hockey and skating rinks, nature areas, trails and an arboretum. -19- 1999 General Fund Budget Summary Revenues: Appropriations: Property 933 General Government $ 1,446,958 p Y 7 Taxes $ 310 , Sales Tax (Lodging) 550,000 Public Safety 5,050,081 Fines and Forfeitures 186,000 Public Works 2,624,669 Licenses & Permits 414,270 Social Services 79,860 Intergovernmental Revenue 3,889,507 Parks and Recreation 2,232,090 Service Charges 862,206 Convention and Tourism 261,250 Miscellaneous Revenue 292,000 Community Development 641,506 Nondepartmental 521,018 Administrative Service Reimbursement (737,487) Transfers to Police and Fire Debt Service Funds 747,325 Transfers to Street Debt Service Fund 243,449 Transfers to Street Construction Fund 394,197 Total Revenues $13,504,916 Total Appropriations $13,504.916 Employee Pension Plans I All full -time and certain part-time employees of the City of Brooklyn Center are covered by defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota (PERA). PERA administers the Public Employees Retirement Fund (PERF) and the Public Employees Police and Fire Fund (PEPFF) which are cost - sharing multiple - Employer retirement plans. PERF members belong to either the Coordinated Plan or the Basic Plan. Coordinated members are covered by Social Security and Basic members are not. All new members must participate in the Coordinated Plan. All police officers, fire fighters and peace I officers who qualify for membership by statute are covered by the PEPFF. The City's contributions to PERA totaled $277,561 and the City's contribution to PEPFF was 269,796 in 1998. The City contributes to the Brooklyn Center Fire Department Relief Association, a single - Employer public employee retirement system. The City levies property taxes at the direction of and for the benefit of the Association and passes through State -aids allocated to the Association, all in accordance with enabling State statutes. City and State -aid contributions totaled $20,179 and $87,036, respectively, in 1998. The actuarial valuation performed at January 1, 1997 was $95,176 which represents funding for normal cost of $75,000, amortization of the unfunded actuarial accrued liability of $3,000, and administration costs of $17,176. -20- APPENDIX I 2200 FIRST NATIONAL BANK BUILDING 332 MINNESOTA STREET PROPOSED FORM OF LEGAL OPINIONS SAINT PAUL, MINNESOTA 55101 T ELEPHONE BRIGGS AND M O R GA N FACSIMILE (651) 223 -6450 PROFESSIONAL ASSOCIATION WRITER'S DIRECT DIAL WRITER'S E -MAIL $1,585,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999A CITY OF BROOKLYN CENTER HENNEPIN COUNTY MINNESOTA We have acted as bond counsel in connection with the issuance by the City of Brooklyn Center, Hennepin County, Minnesota (the "Issuer "), of its $1,585,000 General Obligation Improvement Bonds, Series 1999A, bearing a date of original issue of December 1, 1999 (the "Bonds "). We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and we express no opinion relating thereto. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon such examinations, and assuming the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as certified or photostatic copies and the authenticity of the originals of such documents, and the accuracy of the statements of fact contained in such documents, and based upon present Minnesota and federal laws (which excludes any pending legislation which may have a retroactive effect on or before the date hereof), regulations, rulings and decisions, it is our opinion that: MINNEAPOLIS OFFICE a IDS CENTER o WWWBRIGGS.COM MEMBER — LEX MUNDI, A GLOBAL ASSOCIATION OF INDEPENDENT LAW FIRMS f-� BRIGGS -D MORGAN PROPOSED FORM OF LEGAL OPINION (1) The proceedings show lawful authority for the issuance of the Bonds according to their terms under the Constitution and laws of the State of Minnesota now in force. (2) The Bonds are valid and binding general obligations of the Issuer and all of the taxable property within the Issuer's jurisdiction is subject to the levy of an ad valorem tax to pay the same without limitation as to rate or amount; provided that the enforceability (but not the validity) of the Bonds and the pledge of taxes for the payment of the principal and interest thereon is subject to the exercise of judicial discretion in accordance with general principles of equity, to the constitutional powers of the United States of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted. (3) At the time of the issuance and delivery of the Bonds to the original purchaser, the interest on the Bonds is excluded from g ross income for United States income tax purposes and is excluded, to the same extent, from both gross income and taxable net income for State of Minnesota income tax purposes (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions), and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; it should be noted, however, that for the purpose of computing the federal alternative minimum tax imposed on corporations, such interest is taken into account in determining adjusted current earnings. The opinions set forth in the preceding sentence are subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes and from both gross income and taxable net income for State of Minnesota income tax purposes. Failure to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross income and taxable net income retroactive to the date of issuance of the Bonds. We express no opinion regarding other state or federal tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. Dated at Saint Paul, Minnesota, this day of December, 1999. BRIGGS AND MORGAN Professional Association 1 -2 CONTINUING DISCLOSURE CERTIFICATE APPENDIX II This Continuing Disclosure Undertaking (the "Disclosure Undertaking ") is executed and delivered by the City of Brooklyn Center, Minnesota (the "Issuer ") , in connection with the issuance of $1,585,000 General Obligation Improvement Bonds, Series 1999A (the "Bonds "). The Bonds are being issued pursuant to a Resolution adopted November 22, 1999 (the "Resolution "). Pursuant to the Resolution and this Undertaking, the Issuer covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Undertaking. This Disclosure Undertaking is being executed and delivered by the Issuer for the benefit of the Owners and in order to assist the Participating Underwriters in complying with SEC Rule 15c2 -12 (b) (5) . SECTION 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Undertaking unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any annual financial information provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Undertaking. "Audited Financial Statements" shall mean the financial statements of the Issuer audited annually by an independent certified public accounting firm, prepared pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, modified by governmental accounting standards promulgated by the Government Accounting Standards Board. "Dissemination Agent" shall mean such party from time to time designated in writing by the Issuer to act as information dissemination agent and which has filed with the Issuer a written acceptance of such designation. "Fiscal Year" shall be the fiscal year of the Issuer. "Governing Body" shall, with respect to the Bonds, have the meaning given that term in Minnesota Statutes, Section 475.51, Subdivision 9. "MSRB" shall mean the Municipal Securities Rulemaking Board. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. The National Repositories as of the date of execution of this Undertaking are as listed on Exhibit A. "Occurrence(s)" shall mean any of the events listed in Section S.A. of this Disclosure Undertaking. "Official Statement" shall be the Official Statement dated 1999, prepared in connection with the Bonds. "Owners" shall mean the registered holders and, if not the same, the beneficial owners of any Bonds. "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Repository" shall mean each National Repository and each State Depository. "Resolution" shall mean the resolution or resolutions adopted by the Governing Body of the Issuer providing for, and authorizing the issuance of, the Bonds. "Rule" shall mean Rule 15c2- 12(b)(5) adopted by the g Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time or interpreted by the Securities and Exchange Commission. "State" shall mean the State of Minnesota. "State Depository" shall mean any public or private repository or entity designated by the State as a state depository for the purpose of the Rule. As of the date of this Disclosure Undertaking, there is no State Depository in - Minnesota. SECTION 3. Provision of Annual Reports.. A. Beginning in connection with the Fiscal Year ending on December 31, 1999, the Issuer shall, or shall cause the Dissemination Agent to, as soon as available, but in any event not later than December 31, 2000, and by December 31 of each year thereafter, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Undertaking. B. If the Issuer is unable to provide to the Repositories an Annual Report by the date required in subsection A, the Issuer shall send a notice of such delay and estimated date of delivery to each Repository or to the MSRB and to the State Depository, if any. SECTION 4. Content and Format of Annual Re orts,. The Issuer's Annual Report shall contain or incorporate by reference the financial information and operating data pertaining to the Issuer listed below as of the end of the preceding Fiscal Year. The Annual Report may be submitted to each Repository as a single document or as separate documents comprising a package, and may 11 -2 cross - reference other information as provided in this Disclosure Undertaking. The following financial information and operating data shall be supplied: A. an update of the type of information contained in the Official Statement under the caption CITY PROPERTY VALUES; CITY INDEBTEDNESS; and CITY TAX RATES, LEVIES AND COLLECTIONS; B. Audited Financial Statements of the Issuer. The Audited Financial Statements of the Issuer may be submitted to each Repository separately from the balance of the Annual Report. In the event Audited Financial Statements of the Issuer are not available on or before the date for filing the Annual Report with the appropriate Repositories as set forth in Section 3.A. above, unaudited financial statements shall be provided as part of the Annual Report. The accounting principles pursuant to which the financial statements will be prepared will be pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, as such principles are modified by the governmental accounting standards promulgated by the Government Accounting Standards Board, as in effect from time to time. If Audited Financial Statements are not provided because they are not available on or before the date for filing the Annual Report, the Issuer shall promptly provide them to the Repositories when available. SECTION 5. Reporting of Significant Events. A. This Section 5 shall govern the giving of notices of the occurrence of any of the following events with respect to the Bonds, if material: (1) principal and interest payment delinquency; (2) non - payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax - exempt status of the security; (7) modifications to rights of security holders; (8) optional or unscheduled redemption of any Bonds; H-3 (9) defeasances; (10) release, substitution or sale of property securing repayment of the Bonds; and (11) rating changes. B. Whenever an event listed in Section 5.A. above has occurred, the Issuer shall as soon as possible determine if such event would constitute material information for Owners of Bonds. If knowledge of the Occurrence would be material, the Issuer shall promptly file a notice of such Occurrence with each National Repository or the MSRB and with the State Depository, if any. C. The Issuer agrees to provide or cause to be provided, in a timely manner, to each National Repository or the MSRB and to the State Depository, if any, notice of a failure by the Issuer to provide the Annual Reports described in Section 4. SECTION 6. Termination of Reporting Obligation,. The Issuer's obligations under this Disclosure Undertaking shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. SECTION 7. Dissemination Agent,. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Undertaking, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. SECTION 8. Amendment: Waiver. Notwithstanding any other provision of this Disclosure Undertaking, the Issuer may amend this Disclosure Undertaking, and any provision of this Disclosure Undertaking may be waived, if (a) a change in law or change in the ordinary business or operation of the Issuer has occurred, (b) such amendment or waiver would not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof but taking into account any subsequent change in or official interpretation of the Rule, and (c) such amendment or waiver is supported by an opinion of counsel expert in federal securities laws to the effect that such amendment or waiver would not materially impair the interests of Owners. SECTION 9. Additional Information,. Nothing in this Disclosure Undertaking shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Undertaking or any other means of communication, or including any other information in any Annual Report or notice of an Occurrence, in addition to that which is required by this Disclosure Undertaking. If the Issuer chooses to include any information in any Annual Report or notice of an Occurrence in addition to that which is specifically required by this Disclosure Undertaking, the Issuer shall have no 11 -4 obligation under this Disclosure Undertaking to update such information or include it in any future Annual Report or notice of an Occurrence. SECTION 10. Default. In the event of a failure of the Issuer to provide information required by this Disclosure Undertaking, any Owner may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations to provide information under this Disclosure Undertaking. A default under this Disclosure Undertaking shall not be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure Undertaking in the event of any failure of the Issuer to comply with this Disclosure Undertaking shall be an action to compel performance. SECTION 11. Beneficiaries. This Disclosure Undertaking shall inure solely to the benefit of the Issuer, the Participa- ting Underwriters and Owners from time to time of the Bonds, and shall create no rights in any other person or entity. SECTION 12. Reserved Riahts. The Issuer reserves the right to discontinue providing any information required under the Rule if a final determination should be made by a court of competent jurisdiction that the Rule is invalid or otherwise unlawful or, subject to the provisions of Section 8 hereof, to modify the undertaking under this Disclosure Undertaking if the Issuer determines that such modification is required by the Rule or by a court of competent jurisdiction. Date: 1999 CITY OF BROOKLYN CENTER By Its By Its 11 -5 EXHIBIT A Bloomberg Municipal Repository P.O. Box 840 Princeton, NJ 08542 -0840 Phone: (609) 279 -3200 Fax: (609) 279 -5962 Thomson Municipal Services 395 Hudson Street - Third Floor New York, NY 10014 Attn: Municipal Disclosure Phone: (800) 689 -8466 Fax: (212) 989 -2078 Standard & Poor's J.J. Kenny Repository 55 Water Street - 45th Floor New York, NY 10044 Attn: Repository Services Phone: (212) 438 -4595 Fax: (212) 438 -3975 DPC Data Inc. One Executive Drive Fort Lee, NJ 07024 Phone: (201) 346 -0791; Fax: (201) 947 -0107 E-mail: Nrmsir @dpcdata.com 1 i I I -6 1 APPENDIX III SUMMARY OF TAX LEVIES, PAYMENT PROVISIONS, AND MINNESOTA REAL PROPERTY VALUATION Following is a summary of certain statutory provisions effective through 1999 relative to tax levy procedures, tax payment and credit procedures, and the mechanics of real property valuation. The summary does not purport to be inclusive of all such provisions or of the specific provisions discussed, and is qualified by reference to the complete text of applicable statutes, rules and regulations of the State of Minnesota. Property Valuations (Chapter 273, Minnesota Statutes) Assessor's Estimated Market Value,. Each parcel of real property subject to taxation must, by statute, be appraised at least once every four years as of January 2 of the year of appraisal. With certain exceptions, all property is valued at its market value which is the value the assessor determines to be the price the property to be fairly worth, and which is referred to as the "Estimated Market Value." Limitation of Market Value Increases. Effective through assessment year 2001, the amount of increase in market value for all property classified as agricultural homestead or non - homestead, residential homestead or non - homestead, or non - commercial seasonable recreational residential, which is entered by the assessor in the current assessment year, may not exceed the greater of (i) 10% of the preceding year's market value or (ii) 1/4 of the difference between the current assessment and the preceding assessment. Indicated Market Value. Because the Estimated Market Value as determined by an assessor may not represent the price of real property in the marketplace, the "Indicated Market Value" is generally regarded as more representative of full value. The Indicated Market Value is determined by dividing the Estimated Market Value of a given year by the same year's sales ratio determined by the State Department of Revenue. The sales ratio represents the overall relationship between the Estimated Market Value of property within the taxing unit and actual selling price. Net Tax Capacity. The Net Tax Capacity is the value upon which net taxes are levied, extended and collected. The Net Tax Capacity is computed by applying the class rate percentages specific to each type of property classification against the Estimated Market Value. Class rate percentages vary depending on the type of property as shown on the last page of this Appendix. The formulas and class rates for converting Estimated Market Value to Net Tax Capacity represent a basic element of the State's property tax relief system and are subject to annual revisions by the State Legislature. Property taxes are determined by multiplying the Net Tax Capacity by the tax capacity rate, expressed as a percentage. Property Tax Payments and Delinquencies (Chapters 275, 276, 277, 279 -282 and 549, Minnesota Statutes) Ad valorem property taxes levied by local governments in Minnesota are extended and collected by the various counties within the State. Each taxing jurisdiction is required to certify the annual tax levy to the county auditor within five (5) working days after December 20 of the year preceding the collection year. A listing of property taxes due is prepared by the county auditor and turned over to the county treasurer on or before the first business day in March. III -1 The county treasurer is responsible for collecting all property taxes within the county. Real estate and personal property tax statements are mailed out by March 31. One -half (1/2) of the taxes on real property is due on or before May 15. The remainder is due on or before October 15. Real property taxes not paid by their due date are assessed a penalty which, depending on the type of property, increases from 2% to 4% on the day after the due date. In the case of the first installment of real property taxes due May 15, the penalty increases to 4% or 8% on June 1. Thereafter, an additional 1% penalty shall accrue each month through October 1 of the collection year for unpaid real property taxes. In the case of the second installment of real property taxes due October 15, the penalty increases to 6% or 8% on November 1 and increases again to 8% or 12% on December 1. Personal property taxes remaining unpaid on May 16 are deemed to be delinquent and a penalty of 8% attaches to the unpaid tax. However, personal property owned by a tax - exempt entity, but which is treated as taxable by virtue of a lease agreement, is subject to the same delinquent property tax p enalties as real property. On the first business day of January of the year following collection all delinquencies are subject to an additional 2% penalty, and those delinquencies outstanding as of February 15 are filed for a tax lien judgment with the district court. By March 20 the clerk of court files a publication of legal action and a mailing of notice of action to delinquent parties. Those property interests not responding to this notice have judgment entered for the amount of the delinquency and associated penalties. The amount of the judgment is subject to a variable interest determined annually by the Department of Revenue, and equal to the adjusted prime rate charged by banks, but in no event is the rate less than 10% or more than 14 %. Property owners subject to a tax lien judgment generally have five years (5) in the case of all property located outside of cities or in the case of residential homestead, agricultural homestead and seasonal residential recreational property located within cities or three (3) years with respect to other types of property to redeem the property. After expiration of the redemption period, unredeemed properties are declared tax forfeit with title held in trust by the State of Minnesota for the respective taxing districts. The county auditor, or equivalent thereof, then sells those properties not claimed for a public purpose at auction. The net proceeds of the sale are first dedicated to the satisfaction of outstanding special assessments on the parcel, with any remaining balance in most cases being divided on the following basis: county - 40 %; town or city - 20 %; and school district - 40 %. Property Tax Credits (Chapter 273, Minnesota Statutes) In addition to adjusting the taxable value for various property types, primary elements of Minnesota's property tax relief system are: property tax levy reduction aids; the circuit breaker credit, which relates property taxes to income and provides relief on a sliding income scale; and targeted tax relief, which is aimed primarily at easing the effect of significant tax increases. The circuit breaker credit and targeted credits are reimbursed to the taxpayer upon application by the taxpayer. Property tax levy reduction aid includes educational aids, local governmental aid, equalization aid, homestead and agricultural credit aid (HACA) and disparity reduction aid. Levy Limitations for Counties and Cities (M.S. 275.70 to 275.74) (Laws 1999, Chapter 243, Article 6) Levy limitations are in effect for taxes levied in 1999 for all counties and cities with populations exceeding 2,500. Levy increases for cities are limited to its adjusted levy limit base from 1999 plus any increase due to growth in population. Counties are limited in their levy increases to the difference between their adjusted levy limit from 1999 plus any increase due to growth in population and one -half of the county's share of the net cost to the state for assumption of district court costs. III -2 Certain property tax levies are authorized outside of the new overall levy limitation ( "special levies "). Special levies include debt service levies for bonded indebtedness, excluding installment payments on conditional sales contracts, debt service on state -aid road bonds, payments on contracts for deed, any levies to pay debt service on tax increment revenue bonds, and lease payments under certificates of participation. In order to receive approval for any special levy claims outside of the overall levy limitation, requests for such special levies must be submitted to the Property Tax Division of the Department of Revenue on or before September 15th in the year in which the levy is to be made for collection in the following year. The Department of Revenue has the authority to approve, reduce or deny a special levy request. Final adjustments to all levies must be made by the Department of Revenue on or before December 10th. Debt Limitations All Minnesota municipalities (counties, cities, towns and school districts) are subject to statutory "net debt" limitations under the provisions of Minnesota Statutes, Section 475.53. Net debt is defined as the amount remaining after deducting from gross debt the amount of current revenues which are applicable within the current fiscal year to the payment of any debt and the aggregate of the principal of the following: 1. Obligations issued for improvements which are payable wholly or partially from the proceeds of special assessments levied upon benefited property. i 2. Warrants or orders having no definite or fixed maturity. 3. Obligations payable wholly from the income from revenue producing conveniences. 4. Obligations issued to create or maintain a permanent improvement revolving fund. 5. Obligations issued for the acquisition and betterment of public waterworks systems, and public lighting, heating or power systems, and any combination thereof, or for any other public convenience from which revenue is or may be derived. 6. Certain debt service loans and capital loans made to school districts. 7. Certain obligations to repay loans. 8. Obligations specifically excluded under the provisions of law authorizing their issuance. 9. Certain obligations to pay pension fund liabilities. 10. Debt service funds for the payment of principal and interest on obligations other than those described above. Levies for General Obligation Debt (Sections 475.61 and 475.74, Minnesota Statutes) Any municipality which issues general obligation debt must, at the time of issuance, certify levies to the county auditor of the county(ies) within which the municipality is situated. Such levies shall be in an amount that if collected in full will, together with estimates of other revenues pledged for payment of the obligations, produce at least five percent in excess of the amount needed to pay principal and interest when due. Notwithstanding any other limitations upon the ability of a taxing unit to levy taxes, its ability to levy taxes for a deficiency in prior levies for payment of general obligation indebtedness is without limitation as to rate or amount. 111 -3 It Metropolitan Revenue Distribution (Chapter 473F, Minnesota Statutes) "Fiscal Disparities Law" The Charles R. Weaver Metropolitan Revenue Distribution Act, more commonly known as "Fiscal Disparities," was first implemented for taxes payable in 1975. Forty percent of the increase in commercial - industrial (including public utility and railroad) net tax capacity valuation since 1971 in each assessment district in the Minneapolis /St. Paul seven - county metropolitan area (Anoka, Carver, Dakota, excluding the City of Northfield, Hennepin, Ramsey, Scott, excluding the City of New Prague, and Washington Counties) is contributed to an area -wide tax base. A distribution index, based on the factors of population and real property market value per capita, is employed in determining what proportion of the net tax capacity value in the area- , wide tax base shall be distributed back to each assessment district. i III -4 STATUTORY FORMULAE CONVERSION OF ESTIMATED MARKET VALUE (EMV) TO NET TAX CAPACITY FOR MAJOR PROPERTY CLASSIFICATIONS Net Tax Capacity Net Tax Capacity Net Tax Capacity Net Tax Capacity Net Tax Capacity General Classifications Levv Year 1995 Levy Year 1996 Levy Year 1997 Levy Year 1998 Levv Year 1999 Residential Homestead First $72,000 of EMV at 1.00% First $72,000 of EMV at 1.00% First $75,000 of EMV at 1.00% First $75,000 of EMV at 1.00% First $76,000 of EMV at 1.00% EMV in excess of $72,000 EVM in excess of $72,000 EMV in excess of $75,000 EMV in excess of $75,000 EMV in excess of $76,000 at 2.00% at 2.00% at 1.85% at 1.70% at 1.65% Residential Non - Homestead 3.40 %; except certain cities of 3.40 %; except certain cities of 2.90 %; except certain cities of 2.50 %; except certain cities of 2.40 %; except certain cities of 4 or more units 5,000 population or less 5,000 population or less 5,000 population or less 5,000 population or less 5,000 population or less at 2.30% at 2.30% at 2.30% at 2.15% at 2.15% Agricultural Homestead First $72,000 EMV of house, First $72,000 EMV of house, First $75,000 EMV of house, First $75,000 EMV of house, First $76,000 EMV of house, garage and 1 acre at 1.00% garage and 1 acre at 1.00% garage and 1 acre at 1.00% garage and 1 acre at 1.00% garage and 1 acre at 1.00% EMV in excess of $72,000 of EMV in excess of $72,000 of EMV in excess of $75,000 of EMV in excess of $75,000 of EMV in excess of $76,000 of house, garage and 1 acre house, garage and 1 acre house, garage and 1 acre house, garage and 1 acre house, garage and 1 acre at 2.00% at 2.00% at 1.85% at 1.70% at 1.65% Remaining Property: Remaining Property: Remaining Property: Remaining Property: Remaining Property: First $115,000 of EMV on First $115,000 of EMV on First $115,000 of EMV on first First $115,000 of EMV on First $115,000 of EMV on first 320 acres at 0.45% first 320 acres at 0.45% 320 acres at 0.40% first 320 acres at 0.35% first 320 acres at 0.35% EMV in excess of $115,000 on EMV in excess of $115,000 on EMV in excess of $115,000 on EMV in excess of $115,000 on EMV in excess of $115,000 on first 320 acres at 1.00% first 320 acres at 1.00% first 320 acres at 0.90% first 320 acres at 0.80% first 320 acres at 0.80% EMV in excess of $115,000 EMV in excess of $115,000 EMV in excess of $115,000 EMV in excess of $115,000 EMV in excess of $115,000 over 320 acres at 1.50% over 320 acres at 1.50% over 320 acres at 1.40% over 320 acres at 1.25% over 320 acres at 0.80% Agricultural Non - Homestead EMV of house, garage and EMV of house, garage and First $75,000 of EMV of house, First $75,000 of EMV of house, First $76,000 of EMV of house, 1 acre at 2.30% 1 acre at 2.30% garage and 1 acre at 1.90% garage and 1 acre at 1.25% garage and 1 acre at 1.20% EMV of land and other buildings EMV of land and other buildings EMV in excess of $75,000 of EMV in excess of $75,000 of EMV in excess of $76,000 of at 1.50% at 1.50% house, garage and 1 acre house, garage and 1 acre house, garage and 1 acre at 2.10% at 1.70% at 1.65% EMV of land and other buildings EMV of land and other buildings EMV of land and other buildings at 1.40% at 1.25% at 1.20% Commercial - Industrial First $100,000 of EMV at 3.00% First $100,000 of EMV at 3.00% First $150,000 of EMV at 2.70% First $150,000 of EMV at 2.45% First $150,000 of EMV at 2.40% EMV in excess of $100,000 EMV in excess of $100,000 EMV in excess of $150,000 EMV in excess of $150,000 EMV in excess of $150,000 at 4.60% at 4.60% at 4.00% at 3.50% at 3.40% Seasonal /Recreational Non - Commercial Non - Commercial Non - Commercial Non- Commercial Non - Commercial Residential First $72,000 of EMV First $72,000 of EMV First $75,000 of EMV First $75,000 of EMV First $76,000 of EMV at 2.00% at 1.75% at 1.40% at 1.25% at 1.20% EMV in excess of $72,000 EMV in excess of $72,000 EMV in excess of $75,000 EMV in excess of $75,000 EMV in excess of $76,000 at 2.50% at 2.50% at 2.50% at 2.20% at 1.65% Commercial - 2.30% Commercial - 2.30% Commercial - 2.10% Commercial — 1.80% Commercial — 1.60% Vacant Land N/A N/A N/A N/A N/A (All vacant land is reclassified to (All vacant land is reclassified to (All vacant land is reclassified to (All vacant land is reclassified to (All vacant land is reclassified to highest and best use highest and best use highest and best use highest and best use highest and best use pursuant to local zoning pursuant to local zoning pursuant to local zoning pursuant to local zoning pursuant to local zoning ordinance) ordinance ordinance ordinance ordinance (This page was left blank intentionally.) 1 APPENDIX IV ANNUAL FINANCIAL STATEMENTS The City is audited annually by an independent certified public accounting firm. Data on the following pages has been extracted from the City's financial audited statements for years ending December 31, 1998, 1997 and 1996. Governmental funds and expendable trust funds are accounted for using the modified accrual basis of accounting. Proprietary funds are accounted for using the accrual basis of accounting. The reader should be aware that the complete audited financial statements may contain additional data relating to the information presented here, which may interpret, explain or modify it. The City's comprehensive annual financial reports for the years ending 1983 through 1996 were awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA). The Certificate of Achievement is the highest form of recognition for excellence in state and local government financial reporting. In order to be awarded the Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive annual financial report, whose contents conform to program standards. Such CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. IV -1 IL City of Brooklyn Center All Fund Types and Account Groups COMBINED BALANCE SHEET December 31, 1998 Totals Governmental Fund Types Proprietary Fund Types Account Groups (Memorandum Only) General General Special Debt Capital Internal Fixed Long -Term December 31, General Revenue Service Projects Enterprise Service Assets Debt 1998 1997 ASSETS AND OTHER DEBITS Assets: Cash and cash equivalents (Note 2) S1,579,370 $657,742 $4,254,687 $2,557,518 $1,113,731 $971,196 511,134,244 $13,191,766 investments (Note 2) 6,868,997 2,871,342 834,584 11,164,714 3,840,168 4,239,709 29,819,514 27,104,739 Receivables: Accounts 84,320 32,467 3,490 1,238,221 6,797 1,365,295 1, 88.564 0 1 Delinquent taxes (Note 1J) 140,548 6,359 146,907 188,56 Special assessments 6,887 2,481,781 612,019 155,316 3,256,003 2,566,414 Due from other funds (Note 9) 120,238 214,891 26,013 195,431 556,573 1,100,577 Due from other governments 37,937 174,866 150,569 104,101 467,473 455,051 Inventories and supplies (Note iG) 357,673 4,585 362,258 346,471 126,079 126,079 142,039 Prepaid expenses 1,854,456 1,932,527 Advances to other funds (Note 9) 105,074 1,749,382 Fixed assets (net of accum depr. where applicable) (Note 3) 40,581,994 2,746,456 $17,043,726 60,372,176 53,313,841 Other debits: Amount available in Debt Service Funds $5,113,659 5,113,659 2,237,549 Amount to be provided for General Long -Term Debt 22,695,472 22,695,472 24,132,451 $8,943,371 $3,957,667 $7,597,065 $16,433,123 $47,517,263 $7,968,743 $17,043,726 $27,809,131 $137,270,109 $127,948,819 Total Assets and Other Debits N LIABILITIES. EQUITY AND OTHER CREDITS Liabilities: Accounts payable $397,316 $102,542 $1,625 $517,529 $582,662 $80,221 $1,681,895 $731,676 248,016 59,336 307,352 451,077 Contracts payable 385,000 1,100,577 Due to other funds (Note 9) 385,000 Accrued salaries and wages 321,940 4,849 3,115 100,941 7,516 438,361 291,929 Accrued vacation & sick pay (Note 1H) 602,396 21,904 77,346 28,716 730,362 718,034 1,229,333 1,229,333 1,218,229 Accrued health insurance 29,31 29,831 32,994 Accrued interest payable Advances funds (Note 9) 869,716 1,156,312 2,026,028 1,932,527 s from o 2461781 749745 3,521,604 3,703,191 Deferred Advance revenue (Note 1s 283,719 6,359 ,,, $23,015,000 23,015,000 22,450,000 General obligation bonds payable (Note 6) 54,131 279,339 Other long -term liabilities (Note 6) 225,208 Special assessment bonds with governmental commitment (Note 6) 4,740,000 4,740,000 3,920,000 000 1,400,000 1,565,000 Revenue bonds payable (Note 6) 1,400, Total Liabilities 1,605,371 1,005,370 2,483,406 1,518.405 4,016,636 1,345,786 27,809,131 39,784,105 38,115,234 Equity and Other Credits: Contributed capital (Note 4) 21,938,312 3,320,353 25,258,665 24,317,833 $17,043,726 17,043,726 14,495,672 Investment in general fixed assets Retained earnings: (Notes 8 & 10) 392,874 571,137 Reserved 392,874 21,169,461 3,302,604 24,472,065 21,204,913 Unreserved Fund Balances: (Notes 8 & 10) 15,387,336 14,682,681 Reserved 905,074 2,481,353 5,113,659 7,687.250 Unreserved: Designated 5,726,226 5,726,226 5,516,204 Undesignated 1,506,700 470,944 7,227,468 9,205,112 9,045,145 Total Equity and Other Credits 7,338,000 2,952,297 5,113,659 14,914,718 43,500,647 6,622,957 17,0 T 97,486,004 89,833,585 Total Liabilities, Equity and Other Credits $8,943,371 5 3,957,667 $7,597,065 $16,433,123 $47,517,283 $7,968,743 $17,043,726 $27,809,131 $137,270,109 $127,943,819 (,fly ofhool'iyr ,Aw All Fund Types and Account Grui ipi COMBINED BALANCE SHEET December 31, 1997 Totals Governmental Fund Types Proprietary Fund Types Account Groups (Memorandum Only) General General Special Debt Capital Internal Fixed Long -Term December 31, General Revenue Service Projects Enterprise Service Assets Debt 1997 1996 ASSETS AND OTHER DEBITS Assets Cash and cash equivalents (Note 2) $2,576,390 $1,150,410 $1,162,128 $4,905,606 $1,814,641 $1,582,591 $13,191,766 $8,634,385 Investments (Note 2) 5,729,955 2,566,040 1,025,004 10,942,150 3,222,585 3,530,032 27,015,766 24,845,577 Receivables* Accounts 51,154 5,750 16,426 1,159,340 4,160 1,236,830 1,513,020 Delinquent taxes (Note 1J) 179,799 8,765 188.564 208,862 Special assessments 6,290 1,513,799 715,578 330,747 2,566,414 2,125,826 Due from other funds (Note 9) 337,154 136,017 50,806 576,600 1,100,577 2,665,700 Due from other governments 91,192 41,124 135,564 187,171 455,051 436,662 Inventories and supplies (Note 1G) 340,381 6,090 346,471 392,219 Prepaid expenses 142,039 142,039 159,568 Advances to other funds (Note 9) 105,074 1,827 453 1,932,527 1,959,413 Fixed assets (net of accum depr. where applicable) (Note 3) 36,326,136 2,492,033 $14,495,672 53,313,841 50,846,863 Other debits' Amount available in Debt Service Funds $2,237,549 2,237,549 2.260,484 Amount to be provided for General Long -Term Debt 24,132,451 24,132,451 16,269,516 Total Assets and Other Debits $9,077,008 $3,908,106 $3,751,737 $19,119,377 $43,523,040 $7,614,906 $14,495,672 $26,370,000 $127,859,846 $112,318,095 LIABILITIES EQUITY AND OTHER CREDITS Liabilities W Accounts payable $290,040 $14,808 $389 $92.964 $321,797 $11,678 $731,676 $864,354 Contracts payable 300,021 151,056 451,077 864,622 Due to other funds (Note 9) 715,577 385,000 1,100,577 2,484,939 Accrued salaries and wages 222,479 4,157 2,577 56,312 6,404 291,929 263,174 Accrued vacation & sick pay (Note 1H) 601,810 22,757 66,965 26,502 718,034 702,342 Accrued health insurance 1,218,229 1,218,229 1,047,920 Accrued interest payable 32,994 32,994 35.835 %dvances from other funds (Note 9) 698,143 1,234,304 1,932 527 1,959,413 Deferred revenue (Note 1J) 1,360,899 8,765 1,513,799 019,728 3,703,191 2,650,683 General obligation bonds payable (Note 6) $22,450,000 22,450,000 15.500,000 Special assessment bonds with governmental commitment (Note 6) 3,920,000 3.920,000 3,030,000 Revenue bonds payable (Note 6) 1,565,000 1,565,000 1,720,000 Total Liabilities 2,475,228 748,630 1,514,188 1,930,867 3,813,508 1,262,813 26,370.000 38,115,234 31,323,282 Equity and Other Credits Contributed capital (Note 4) 20,850,160 3,467,673 24,317,833 24,687,240 Investment in general fixed assets $14,495,672 14,495,672 14,538,095 Retained earnings (Note 8 & 10) Reserved 571,137 571,137 567,521 Unreserved 18.288,235 2,884,420 21,172,655 19,296,663 Fund Balances (Note 8 & 10) Reserved 105,074 2,945,726 2,237,549 9,392,353 14,680,702 7,137,287 Unreserved Designated 5,516,204 5,516,204 5,665,070 Undesignated 980,502 213,750 7,796,157 8,990,409 9,102,937 Total Equity and Other Credits 6,601,780 3,159,476 2,237,549 17,186,510 39,709,532 6,352,093 14,495,672 89,744,612 80,994,813 Total Liabilities, Equity and Other Credits $9,077.008 $3,908,106 $3,751,737 $19,119,377 $43,523,040 $7,614,906 $14,495,672 $26,370,000 $127,859,846 $112,318,095 City of Brooklyn Center All Fund Types and Account Groups COMBINED BALANCE SHEET December 31, 1996 Fiduciary Totals Governmental Fund Types Proprietary Fund Types Fund Types Account Groups (Memorandum Only) General General Special Debt Capital Internal Fixed Long-term December 31, General Revenue Service Projects Enterprise Service Agency Assets Debt 1996 1995 ASSETS AND OTHER DEBITS Cash and cash equivalents $3,589,889 $2,518,656 $1,225,165 $3,974,917 $3,407,830 $2,418,603 $17,135,260 $8,503,266 Investments 5,484,065 3,767,031 1,268,333 5,945,090 4,763,372 3,617,686 24,845,577 34,713,369 Receivables. Accounts 163,658 30,867 1,312,892 5,603 1,513,020 1,253,006 Delinquent taxes 197,245 9,532 2,085 208,862 288,717 _ Special assessments: Deferred 1,230 774,989 928,756 325,550 2.030,525 1,521,792 e A Delinquent 5,957 6,556 78,412 4,376 95,301 69,874 Due from other funds 873,932 776,058 203,619 812,091 2,665,700 2,991,215 Due from other governments 37,818 212,261 132,977 234,367 617,423 2,331,440 Inventories and supplies 379,059 13,160 392,219 366,634 Prepaid expenses 159,568 159,568 143,211 Advances to other funds 105,074 1,854,339 1,959,413 1,995,815 Restricted Investments 4,180,920 Investments for deferred compensation plan - al market $3,593,460 3,593,460 3,174,761 43,365,090 4,696,440 $14,538,095 62,599,625 57,356,546 Progeny, plant and equipment Less accumulated depreciation (9,487,340) (2.265,422) (11.752,762) (11,067,051) Amount available in Debt Service Funds $2,260,484 2,260,484 6,451,107 Amount to be provided for General Long- 16.269,516 16,269,516 15,763,893 Term Debt Total Assets and other Debits $10,458,868 $7,283,538 $3,480,747 $13,757,449 544,464,764 $8,466,270 $3,593,460 $14,538,095 $18,530,000 $124,593,191 $130,038,517 City of Brooklyn Center All Fund Types and Account Groups COMBINED BALANCE SHEET December 31, 1996 Fiduciary Totals Governmental Fund Types Proprietary Fund Types Fund Types Account Groups Memorandum Only General General Special Debt Capital Internal Fixed Long-Term December 31, LIABILITIES, EQUITY AND OTHER CREDITS General Revenue Service Projects Enterprise Service Agency Assets Debt 1996 1995 iabilities Accounts payable $387,303 $11,865 $389 $62,851 $305,382 $96,564 $864.354 W1,743 Contracts payable 724,560 140,062 864,622 1,299,696 SecurBies lending agreement 1,841,455 1,295,676 436,244 2,044,622 1,636,369 1,244,309 8,510,875 8,424,501 Due to other governments 17,765 Due to other funds 350,886 1,552,809 762,005 2,665,700 2,991,215 Accrued salaries and wages 195,508 3,979 1,987 55,630 6,070 263,174 180,392 Accrued vacation 8 sick pay 594,728 21,420 59,659 26,535 702,342 661,325 Accrued health insurance 1,047,920 1047 920 987081 Accrued interest payable 35,835 35,935 37,780 Advances from other funds 698,143 1,261,270 1,959,413 1,995,815 Deferred revenue 917,376 9,532 783,630 1,140,145 2,850,683 3,709,963 State aid street bonds payable $2,295,000 2,295,000 2,A55,000 Special assessment debt with government commitment Tax increment bonds payable 3.030,000 3,030,000 1,705,000 Revenue bonds payable f.720 13, 205, 000 13, 205, 000 18,05 5, 000 Deferred compensation funds held for 1 1 1 participants $3,593,460 � 3,593,460 3,174,761 Total Liabilities 3,936,370 2,391,501 1,220,263 5,527,174 5,978,212 2,421,398 3,593,460 18,530.000 43,598,378 48,187,036 Eauitv and Other Credits Contributed capital 21,042,114 3,645,126 24,687,240 24,056,207 Investment in general fixed assets Retained earnings' $14,538,095 14,538,095 14,085,155 Reserved Debt Service 237,595 198,315 237,595 Special assessments 329,926 329,92 134,570 Unreserved 96,876,917 2,419,746 Fund Balances De 19,296,663 17,110,855 (Deficits) Reserved' Debt service 2,260,464 2,260,484 6,451,107 Bond proceeds 2,896,472 Housing projects 20918 2.696.472 3,477,619 Advances to other funds 105,074 1,854,339 20,918 i 959 413 1995 815 Unreserved Designated Working capital 5,620 352 Unexpended appropriations 44,718 5,620,352 5,276,757 Undesignaled 752,354 1,974,647 6,375,936 44,718 109,750 9,102,937 8,155,331 Total Equity and Other Credits 6,522,498 4,892,037 2,260,494 8,230,275 38,486,552 6,094,872 14,538,095 80,994,813 81,851,481 Total Liabilities, Equity R Other Credits $10,458,868 $7,283,538 $3,480,747 $13,757,449 544,464,764 $8,486,270 $3,593,460 $14,53 S 18,530,000 S1124,593.11911 _, °•- - - - $ 130 , 038,517 City of Brooklyn Center All Governmental Fund Types COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES For the Year Ended December 31, 1998 Totals Special Debt Capital (Memorandum Only) Revenues General Revenue Service Projects 1998 1997 Taxes and special assessments $7,949,744 $2,237,671 $537,698 $477,344 $11,202,457 $9,560,477 Licenses and permits 549,067 549,067 485,232 Intergovernmental 3,875,392 359,393 308,878 392,680 4,936,343 5,122,415 Charges for services 771,614 771,614 757,640 Court fines 193,688 193,688 183,270 Investment earnings 377,826 257,154 53,428 897,991 1,586,399 1,254,163 Change in fair value of investments 35,118 23,773 4,259 83,030 146,180 56,715 Miscellaneous 12,375 275,345 151,293 439,013 143,895 Total Revenues 13,764,824 3,153,336 904,263 2,002,338 19,824,761 17,563,807 Expenditures Current: General government 2,133,829 172 2,134,001 1,992,506 Public safety 5,137,108 48,857 5,185,965 5,107,849 Public works 1,955,108 1,955,108 1,868, i30 Community services 73,066 73,066 79,800 Parks and recreation 2,075,180 73,021 2,148,201 2,212,790 Economic development 313,792 579,730 893,522 1,351 Non departmental 312,625 312,625 31 1,436 Administrative Services Reimbursement (731,737) (731,737) (661,058) Capital outlay 321,252 6,132,654 6,453,906 4,833,321 Debt service: 1,285,000 1,285,000 1,135,000 Principal retirement 1,285,460 1,069,278 Interest and fiscal charges 1,285,460 Total Expenditures 11,268,971 1,023,032 2,570,460 6,132,654 20,995,117 19,300,071 Excess or Deficiency( -) of Revenues Over Expenditures 2,495,853 2,130,304 (1,666,197) (4,130,316) (1,170,356) (1,736,264) Other Financinq Sources or Uses( -) 1,588,254 1,081,746 2,670,000 8,975,000 Proceeds from sale of bonds Operating transfers in 294,197 2,882,804 469,197 3,646,198 2,976,285 Operating transfers out (1,427,001) (2,644,197) (4,071,198) (2,876,285) Total Other Financing Sources or Uses( -) (1,427,001) (2,350,000) 4,471,058 1,550,943 2,245,000 9,075,000 Excess or Deficiency( -) of Revenues and Other Sources Over Expenditures and Other Uses 1,068,852 (219,696) 2,804,861 (2,579,373) 1,074,644 7,338,736 s Fund Balances January 1 6,619,148 3,171,993 2,239,528 17,213,361 29,244,030 21,905,294 Equity Transfers in (Out) (350,000) 69,270 280,730 Fund Balances December 31 $7,338,000 $2,952,297 $5,113,659 $14,914,718 $30,318,674 $29,244,030 IV -6 City of Brooklyn Center Ali Governmental Fund Types COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES For the Year Ended December 31, 1997 Totals Special Debt Capital (Memorandum Only) Revenues General Revenue Service Projects 1997 1996 Taxes and special assessments $6,327,890 $2,213,886 $253,169 $765,532 $9,560,477 $9,706,378 Licenses and permits 485,232 485,232 402,00r intergovernmental 3,811,900 530,922 308,988 470,605 5,122,415 5,969,419 Charges for services 757,640 757,640 839,583 Court fines 183,270 183,270 186,761 Investment earnings 354,597 255,551 72,220 571,795 1,254,163 1.380775 Miscellaneous 104,234 34,734 4,927 143,895 46,600 Total Revenues 12,024,763 3,035,093 634,377 1,812,859 17,507,092 18,531,520 Exoendtures Current: General government 1,992,251 255 Public safety 1'992 1 5,089,072 18,777 5,107,849 5,022,324 Public works 1,868,130 1,868,130 1,649,526 Community services 79,800 79,800 78,442 Parks and recreation 2,186,686 26,104 2,212,790 2,282,054 Economic development 248,779 1,102,240 1,351,019 700,52?. Non - departmental 311,436 311,436 317,148 Administrative Services Reimbursement (661,058) (661,058) (611,534) Capital outlay 2,126,026 2,707,295 4,833,321 5,814,12.". Debt service: Principal retirement 1,135,000 1,135,000 5,125,000 Interest and fiscal charges 1,019,188 50,090 1,069,278 1,285,416 I I Total Expenditures 11,115,096 3,273,402 2,154,188 2,757,385 19,300,071 23,631,801 Excess or Deficiency( -) of Revenues Over Expenditures 909,667 (238,309) (1,519,811) (944,526) (1,792,979) (5,100,281) Other Financino Sources or Uses( -1 Proceeds from sale of bonds 63,818 8,911,182 8,975,000 1,430,486 Operating transfers in 100,000 577,895 1,730,440 567,950 2,976,285 5,653,524 Operating transfers out (624,637) (2,077,895) (173,753) (2,876,285) (5,553,524, Total Other Financing Sources or Uses( -) (524,637) (1,500,000) 1,794,258 9,305,379 9,075,000 1,530,486 Excess or Deficiency( -) of Revenues and Other Sources Over Expenditures and Other Uses 385,030 (1,738,309) 274,447 8,360,853 7,282,021 (3,569,795 Fund Balances January 1 6,522,498 4,892,037 2,260,484 8,230,275 21,905,294 25,475,089 Equity Transfers In (Out) (305,748) 5,748 (297,382) 597,382 Fund Balances December 31 $6.601,780 $3,159,476 $2,237,549 $17,188,510 $29,187,315 $21,905,294 W -7 City of Brooklyn Center All Governmental Fund Types COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES (DEFICITS) For the Year Ended December 31, 1996 Totals Special Debt Capital Memorandum Only Revenues General Revenue Service Projects 1996 1995 Taxes and special assessments $6,120,877 $2.619,170 $ 366, 948 $607,887 $9,714,882 $8,718,252 Licenses and permits 402 .000 402,000 318,202 Intergovernmental 3.618,075 73,D43 308,273 1,970,028 5.969,419 5,150,047 Charges for services 839,583 3,742 843,325 828,794 Court fines 186,761 186.761 178263 Investment earnings 312,831 344,234 181,250 545,741 1,384,056 1,215,231 Miscellaneous 15,919 30,681 46.600 32.025 Total Revenues 11,496,046 3,070.870 856,471 3,123,656 18,547,043 16.440,814 Expenditures Current: General government 1,736,334 1,736.334 1,831,045 Public safety 5,022.324 5,022,324 4,598,618 Public works 1,270,438 1,270,438 1,363244 Community services 78,442 78,442 41,146 Parks and recreation 2,282.054 6,813 2,288,867 2.240.507 Economic development 201,600 498,922 700,522 776,532 Non - departmental 317,148 317,148 289,747 Capital outlay 608,875 5,205,248 5,814,123 3,493,127 Debt service: Principal retirement 5,125,000 5,125,000 825,000 Interest and fiscal charges 34,914 1,109.860 140,642 1,285,416 1,248,825 { Total Expenditures 10,908,340 1,149,524 6,234,860 5,345,890 23,638,614 16.707,791 Excess or Deficiency( -) of Revenues Over Expenditures 587,706 1,921,346 (5,378,389) (2,222,234) (5,091,571) (266.977) Other Financino Sources or Uses( -) Proceeds from sale of bonds 7,766 1,422,720 1,430,486 5,284,753 Operating transfers in 100,000 193,524 5,360,000 5,653,524 1,793,736 Operating transfers out (1,373,524) (4,180,000) (5,553.524) (1,693,736) Total Other Financing Sources or Uses( -) 100.000 (1,180,000) 1,187,766 1,422,720 1,530,486 5,384,753 r Deficienc Excess o cy( ) of Revenues and Other Sources Over Expenditures and Other Uses 687 ,706 741,346 (4,190,623) (799,514) (3,561,085) 5.117,776 Fund Balances (Deficits) January 1 5,834,792 4,214,374 6,451,107 8,966,106 25.466,379 20,348,603 Equity Transfers Out (63,683) 63 Fund Balances (Deficits) December 31 $6,522,498 $4,892,037 $2.260.464 $8.230275 $21,905,294 $25.466.379 c IU_$ City of Brooklyn Center General and Special Revenue Funds COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL For the Year Ended December 31, 1998 General Fund Special Revenue Funds Actual Over Actual Over Under( -) Under( -) Budget Actual Budget Budget Actual Budget Revenues Taxes and special assessments $7,733,573 $7,949,744 $216,171 $2,369,913 $2,237,671 ($132,242) Licenses and permits 364,585 549,067 184,482 Intergovernmental 3,848,814 3,875,392 26,578 266,160 359,393 93,233 Charges for services 882,594 771,614 (110,980) Court fines 192,000 193,688 1,688 Investment earnings 300,000 377,826 77,826 150,000 257,154 107,154 Unrealized gain or (loss) 35,118 35,118 23,773 23,773 Miscellaneous 12,000 12,375 375 15,000 275,345 260,345 Total Revenues 13,333,566 13,764,824 431,258 2,801,073 3,153,336 352,263 Exoenditures General government 2 2,133,829 (100,566) 172 172 Public safety 5,316,155 5,137,108 (179,047) 103,490 103,490 Public works 2,023,166 1,955,108 (68,058) Community services 80,104 73,066 (7,038) Parks and recreation 2,166,277 2,075,180 (91,097) 73,021 73,021 Economic development 314,500 313,792 (708) 661,164 846,349 185,185 Non - departmental 525,259 312,625 (212,634) Admin. Services Reimbursement (715,538) (731,737) (16,199) Total Expenditures 11,944,318 11,268,971 (675,347) 661,164 1,023,032 361,868 Excess or Deficiency( -) of Revenues Over Expenditures 1,389,248 2,495,853 1,106,605 2,139,909 2,130,304 (9,605) Other Financinq Sources or Uses( -) Operating transfers in 391,743 294,197 (97,546) Operating transfers out (1,378,425) (1,427,001) (48,576) (2,991,743) (2,644,197) 347,546 Total Other Financing Sources or Uses( -) (1,378,425) (1,427,001) (48,576) (2,600,000) (2,350,000) 250,000 Excess or Deficiency( -) of Revenues and Other Sources Over Expenditures and Other Uses 10,823 1,068,852 1,058,029 (460,091) (219,696) 240,395 Fund Balances January 1 6,619,148 6,619,148 3,171,993 3,171,993 Equity Transfer In (Out) (350,000) (350,000) Fund Balances December 31 $6,629,971 $7,338.000 $708,029 $2,711,902 $2,952,297 $240,395 IV -9 IL City of Brooklyn Center General and Special Revenue Funds COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL For the Year Ended December 31, 1997 General Fund Special Revenue Funds Actual Over Actual Over Under( -) Under( -) Budget Actual Budget Budget Actual Budget Revenues Taxes and special assessments $6,764,878 $6,327,890 ($436,988) $1,989,326 $2,213,886 $224,560 Licenses and permits 300,160 485,232 185,072 Intergovernmental 3,762,484 3,811,900 49,416 493,108 530,922 37,814 Charges for services 905,944 757,640 (148,304) Court fines 192,000 183,270 (8,730) Investment earnings 270,000 354,597 84,597 105,000 255,551 150,551 Miscellaneous 62,600 104,234 41,634 30,322 34,734 4,412 Total Revenues 12,258,066 12.024,763 (233,303) 2,617,756 3,035,093 417,337 Expenditures General government 2,116,120 1,992,251 (123,869) 10,000 255 (9,745) Public safety 5,297,175 5,089,072 (208,103) 106,847 29,461 (77,386) Public works 1,991,769 1,868,130 (123,639) Community services 80,000 79,800 (200) Parks and recreation 2,362,742 2,186,686 (176,056) 112,308 26,104 (86,204) Economic development 249,570 248,779 (791) 3,326,989 3,217,582 (109,407) Non - departmental 377,200 311,436 (65,764) Admin. Services Reimbursement (699,141) (661,058) 38,083 Total Expenditures 11,775.435 11,115,096 (660,339) 3,556,144 3,273,402 (282,742) Excess or Deficiency( -) of Revenues Over Expenditures 482,631 909,667 427,036 (938,388) (238,309) 700,079 Other Financinq Sources or Uses( -) Operating transfers in 100,000 100,000 398,454 577,895 179,441 Operating transfers out (624,637) (624,637) (1,898,454) (2,077,895) (179,441) Total Other Financing Sources or Uses( -) (524,637) (524,637) 0 (1,500.000) (1,500,000) 0 Excess or Deficiency( -' =f Revenues and Other Sources Over Expenc :gyres and Other Uses (42,006) 385,030 427,036 (2,438,388) (1,738,309) 700,079 Fund Balances January 1 6,522,498 6,522,498 4,892,037 4,892,037 Equity Transfer In (Out) (305.748) 5,748 5,748 Fund Balances December 31 $6,480,492 $6,601,780 $427,036 $2,453,649 $3,159,476 $705,827 IV -10 Crty of Brooklyn Center General and Special Revenue Funds COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL For the Year Ended December 31, 1996 General Fund Special Revenue Funds Actual Over Actual Over Under( -) Under( -) Budget Actual Budget Budget Actual Budget Revenues Taxes and special assessments $6,355,958 $6,120,877 ($235,081) $1,643.539 $2.619,170 $975,631 Licenses and permits 348,850 402,000 53,150 Intergovernmental 3,540,018 3,618,075 78,057 287,428 73,043 (214,385) Charges for services 886,068 839,583 (46,485) 12,000 3,742 (8,258) Court fines 144,000 186,761 42,761 Investment earnings 250,000 312,831 62,831 106,000 344,234 238,234 Miscellaneous 13,833 15,919 2,086 30,681 30,681 Total Revenues 11,538,727 11,496,046 (42,681) 2,048,967 3,070,870 1,021,903 Expenditures General govemment 1,873,246 1,736,334 (136,912) Public safety 5,162,530 5,022,324 (140,206) Public works 1,545,021 1,270,438 (274,583) Community services 79,047 78,442 (605) Parks and recreation 2,502,915 2,282,054 (220,861) 30,000 6,813 (23,187) Economic development 228,000 201.600 (26,400) 1,827,442 1,107,797 (719.645) Non - departmental 337,371 317,148 (20,223) Interest and fiscal charges 90,000 34,914 (55,086) Total Expenditures 11,728,130 10.908,340 (819,790) 1,947,442 1,149,524 (797,918) Excess or Deficiency( -) of Revenues Over Expenditures (189,403) 587,706 777,109 101,525 1,921,346 1,819,821 Other Financina Sources or Uses( -1 Operating transfers in 100,000 100,000 407,064 193,524 (213,540) Operating transfers out (1,587,064) (1,373,524) 213,540 Total Other Financing Sources or Uses( -) 100,000 100,000 0 (1,180,000) (1,180,000) 0 Excess or Deficiency( -) of Revenues and Other Sources Over Expenditures and Other Uses (89,403) 687,706 777,109 (1,078,475) 741,346 1,819,821 Fund Balances January 1 5,834,792 5,834,792 4,214,374 4,214,374 Equity Transfer Out (63.683) (63.683) Fund Balances December 31 $5,745,389 $6,522,498 $777,109 $3,135,899 $4,892,037 $1,756,138 IV -11 City Council Agenda Item No. 8b Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF VELMA THROLDAHL WHEREAS, Velma Throldahl has been an employee of the City of Brooklyn Center, Police Department, from December 19, 1988 to November 19, 1999; and WHEREAS, Velma Throldahl has been a Secretary /Receptionist from 1988 to 1999; and WHEREAS, Velma Throldahl has faithfully served the residents of the city of Brooklyn Center for over 10 years; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of Velma Throldahl is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption. of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8c MEMORANDUM S DATE: November 18, 1999 TO: Michael J. McCauley, City Manager i FROM: Diane Spector, Director of Public Wor SUBJECT: Staff Report Re: Twin Lake Study As you know, the Shingle Creek Watershed Commission has recently completed a study of Twin Lake. This study was intended to develop an accurate model of the subwatersheds tributary to Twin Lake, and to diagnose water quality issues. The following are the general findings of the study, along with a recommended course of action. I am currently working together with the watershed engineer and the cities of Crystal and Robbinsdale to try to schedule a joint meeting to present this information to interested residents. Background Twin Lake (Upper, Middle, and Lower) has a surface area of 252 acres and a tributary area of 5,046 acres. This extremely large tributary area represents approximately 18 percent of the entire drainage area of the Shingle Creek Watershed (See Figure 1). Twin Lake has been monitored for five of the last seven years as part of the Metropolitan Council's Citizen Assisted Lake Monitoring Program. The monitoring reports consistently poor water quality in the lake, especially for Upper Twin Lake. Twin Lake has been listed on the Metropolitan Council's list of priority lakes. A standard index is widely used to compare lakes, and to provide a thumbnail indication of lake health. This index combines transparency, phosphorus, and chlorophyll -A measures into a Trophic State Index (TSI), expressed on a scale of 20 to 80 (See Figures 2 and 3). Lower and Middle fall into the classification of "Butrophic," with indices of 63 and 61. This means they are subject to high amounts of algae, and from a recreational standpoint are on the line between swimming impaired and no swimming. Upper Twin has an index of 76, the highest in the watershed, and is "hypereutrophic." This means it is subject to severe scums, and there should be no swimming. Result of Study Montgomery Watson, the watershed's engineering firm, this past spring installed various gauges, flow meters, and water samplers, and took periodic water column samples in several locations on the lake. The purpose of this testing was to develop and fine tune a model which would detail storm water flow into and out of the lake. Once this model was calibrated, they could then also model the quality of the water flowing into and out of the lake and compare it to the actual test findings. Over the summer, before the final calibration of the model, Montgomery Watson noticed that phosphorus levels in Upper Twin were higher than expected. They explored various possible explanations. They had • historic plant and vegetation surveys and compared them to current data to see if curly leaf pond weed might be a problem. Curly leaf pond weed roots in the lake bottom, taking nutrients out of the sediment. . Then in mid summer it dies, releasing phosphorus which is then used by blue -green algae, causing lake scum. They found no evidence of curly leaf pond weed. They also monitored lake turnover, which is a phenomenon in shallow lakes where changing temperatures will cause the water in the lower layer of the lake to rise to the surface, bringing sediment laced with nutrients. While the lake does indeed turn over, it does not appear to be bringing up sediment. Meanwhile, the data being continuously collected throughout the summer was being compiled and the water models were being constructed. The water quality modeling had a surprising result. The modeling accurately predicted water quality at all the major outfalls into the lake except for one. The storm water coming out of Area 1, an over 1,400 acre tributary area to the north and west of Upper Twin, measured much higher than expected in phosphorus. This was especially surprising as most of this storm water filters through a very large wetland to the north and west of Upper Twin, and wetlands are usually very efficient phosphorus traps. The water quality model predicted that Area 1 should be discharging 0.22 parts per million of phosphorus, while in reality it was contributing 0.48 parts per million. When the model was corrected to show Area 1 contributing 0.48 ppm, then the model very accurately modeled the actual water quality in the lake. What this study and the model shows is that a major source of the water quality problems in Upper Twin Lake, and thus in Middle and Lower as well, is the phosphorus coming out of this large wetland complex. The final results of the sampling program showed that the wetland was contributing about 1,188 pounds per year of phosphorus to Upper Twin Lake, accounting for 53 percent of the lake's total phosphorus load. Wetland specialists at Montgomery Watson hypothesize that this wetland has been collecting phosphorus for such a long time that it is in effect "worn out," and it is now discharging its phosphorus. Recommendation Using the models, Montgomery Watson was able to test various options for improvements. Under one option, retrofitting all the outfalls (except for the wetland) with what are called BMP's (Best Management Practices, such as ponds, grit chambers, etc.) would reduce the phosphorus level in Upper Twin by only 10 percent, which would not be enough to take Upper out of the Hypereutrophic category and which would have a negligible effect on Middle and Lower. (That doesn't, however, make them not worth doing.) The solution with the greatest impact would be to keep the wetland from discharging phosphorus, returning it to its "normal" ecological role of being a phosphorus sink. Montgomery Watson has identified three ways to accomplish this: 1) the excavation of soil from the wetland to permanently inundate the wetland basin, thus eliminating the continual wetting and drying process; 2) chemical treatments which will permanently bind the phosphorus to the soil; or 3) aeration techniques which will prevent water in the wetland basin with low dissolved oxygen concentrations from contacting the soil, thereby creating the conditions which release the phosphorus. At this time, the watershed has applied for both a MetroEnvironment Partnership Grant and a Twin Cities Water Quality Initiative Grant. The estimated cost of the work is $460,000, of which $45,000 for the diagnostic study has already been completed. Initial discussions with the grant managers of both programs indicate that the application has a good chance of at least partial funding from each program. Once the amount of grant funds (if any) has been determined, the watershed will recommend the option or combination of options which would be best. Under the terms of our Joint Powers Agreement, the watershed itself may not undertake capital improvements. The capital improvements would be a responsibility of the cities receiveing benefit from the improvement, and one city would have to accept • responsibility for administering a joint powers project. It is expected that the recommendation to the cities would be made by early next spring. �' o,, TW ► nJ 1..�� 5413 W A�� -5 �D t� •� I I i� vv. y ;il • ..mow -c: m ��v' r .v'�v' � "`m'v �.. Lak Y. LEGEND LOW DENSITY RESIDENTIAL .I ► y I - MIDDLE DENSITY RESIDENTIAL „ - HIGH DENSITY RESIDENTIAL J I I j`\ I �\ AREA o `� is I Q OPEN /PARKS A = 109 AC COMMERCIAL DCIA _ LAKES ,C � � �' � � AREA 5 U AREA I _ I \ - A = 1416 AC 1i,. Crystal I DCIA 32 37% AC DCIA = 19 % Iron -- AREA 5 �D y _ AREA A = 354 AC - TaL 2 I\ T !7 i - " v DCIA - 46% A = 964 AC a 3 I K` DCIA = 10% AREA 3 li" _. � ✓' \ Sao Cine 1 1 10 A = 841 AC DCIA = 31% J AREA 5 o _` L l A .146 AC: _ ' L l _ DCIA = 51% AREA 4 `--• �„ ; —� r:_/LL ( ;\ �` A = 1134 AC DCIA = 16 17% r I F © MONTGOMERY WATSON TWIN LAKES LAND USE SHINGLE CREEK WATERSHED CITIZEN - ASSISTED KE MONITORING • WATER QUAIWUMMARY • Surface Max/Avg Tributary Parameter 1993 1994 1995 1996 1997 1998 1999 Average Area Lake Area TP (ppb) TSI (ac) Depth (ac) CLA (ppb) (meters) Secchi (m) Bass 174 9.4/2.9 3,100 TP 44.6 43.8 Scheduled. 57 CLA 24.2 21.0 Secchi 1.7 1.8 r Cedar Island 80 2.1/1.4 NA TP 109.2 71 CLA 83.3 Secchi 0.6 Crystal 76 10.4/3.7 1,272 TP 186.7 218.9 Scheduled 68 CLA 30.8 35.3 Secchi 0.7 1.8 Eagle 291 11.3/3.8 3,220 TP 32.5 26.7 28.2 30.0 53 CLA 12.3 10.5 9.5 11.8 Secchi 2.2 1.6 1.7 1.7 Magda . NA NA/NA NA TP NA Scheduled NA CLA NA Secchi NA Meadow 11 1.2/NA 440 TP 245.6 Scheduled 76 CLA 84.7 Secchi 0.4 Pike 59 11.9/2.0 919 TP 59.2 70.0 64 CLA 31.6 32.6 Secchi 0.9 0.9 Pomerleau 35 7.9/2.7 1,140 TP 61.1 Scheduled: 58 CLA 16.3 Secchi 1,7 Ryan 35 10.7 /NA 5,510 TP 37.3 NA 42.0 55 CLA 11.5 NA 14.1 Secchi 1.7 NA 2.5 Schmidt 47 9.1/NA 190 TP 43.3 60.9 57 CLA 10.4 21.6 Secchi 1.9 1.7 Success NA NA/NA NA TP 26 Scheduled 51 CLA 8.7 Secchi 2.2 Upper Twin 137 2.4 /NA NA TP 140.9 :180 120 140 76 CLA 52.7 - -. 76 48.0 39.0 Secchi 0.4 0.5 0.5 0.4 Middle Twin 69 14.0/49 NA TP 48 49 50 61 CLA ' MCES Data Check 18 8.2 15.0 Secchi 1.9 2.2 1.3 Lower Twin 46 7.0/ NA TP 60.9 56 50 70 63 CLA 30.9 20 19.4 32.0 Secchi 0.9 1.6 1.4 0.9 - t - P - - Ic441 A ms- phorks CLA = Chtoraphy I( -R 5ecc.hi = IX-p4 K (in %&kr5) +o u3 htc.h a Sec., -K, 6&s v, t v 6 4e._. • b� • 1 PHYSICAL "DEFINITE ALGAE" f !► APPEARANCE "HIGH ALGAE" >10% RISK "SEVERE SCUMS" a � RECREATION "MINOR AESTHETIC PROB" POTENTIAL "SWIMMING IMPAIRED" >10% RISK . "NO SWIMMING" y , OLIGOTROPHIC MESOTROPHIC EUTROPF- IC HYPEREUTROPHIC 20 25 30 35 40 45 50 55 6Q ` 65 70 75"° 80 TROPHIC STATE INDEX 15 10 8 7 6 5 4 3 2 1.5 1 0.5 0.3 TRANSPARENCY : : • ti (METERS) •'�''~� 0.5 1 2 3 4 5 7 10 15 20 30 40 60 80100 150 CHLOROPHYLL -A •ti (PPB):.....: :..........:':........ �' `` 3 5 7 10 15 20 25 30 40 50 60 80 100 150 TOTAL ; ;.ti; 1 11 in 11 PHOSPHORUS (PPB) k :: �.1 El I L','.TAf, 5 l • � Imo• ���,..� tit � WRI; pt � �r City Council Agenda Item No. 8d MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: November 16, 1999 SUBJECT: Resolution Authorizing the Transfer of Surplus Funds from the General Fund to the Special Assessment Construction Fund and the Capital Improvements Fund The Financial Management Policies adopted by the City Council on June 8, 1992 establish a formula for determining a minimum level of fund balance to be maintained in the General Fund. Calculation of this formula on the fund balance in the General Fund as of December 31, 1998, reveals a surplus of $1,451,220 above the minimum requirements which is available for other uses. The Financial Management Policies go on to state that no more that 50 % of any year's surplus shall be committed to other uses in that year. This would allow the use (such as a transfer to another fund) of up to $725,610 at this time. The attached resolution transfers $700,000 of surplus funds from the General Fund to the • Special Assessment Construction Fund and the Capital Improvements Fund. i • i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE TRANSFER OF SURPLUS FUNDS FROM THE GENERAL FUND TO THE SPECIAL ASSESSMENT CONSTRUCTION FUND AND THE CAPITAL IMPROVEMENTS FUND WHEREAS, Section 7.11 of the City Charter provides the City Council with the authority to make permanent transfers between all funds which may be created, provided that such transfers are not inconsistent with the provisions of relevant covenants, the provisions of this charter, or State statute; and WHEREAS, The City Council adopted Financial Management Policies on June 8, 1992 which contain a formula to determine an adequate fund balance for the General Fund; and WHEREAS, there now exists $700,000 of surplus funds in the General Fund which are available for transfer according to the Financial Management Policies; and WHEREAS, there is a need in the Special Assessment Construction Fund for $225,000 to pay for a portion of the 2000 neighborhood street improvements which are to be funded on a city -wide basis instead of by special assessments; and WHEREAS, there is a need in the Capital Improvements Fund for $125,000 to provide an annual ongoing level of effort to fund park and building needs and WHEREAS, there is a need in the Capital Improvements Fund for $350,000 to provide funds for anticipated improvements to the Community Center buildings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the General Fund shall transfer $225,000 to the Special Assessment Construction Fund and $475,000 to the Capital Improvements Fund. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER ADEQUATE GENERAL FUND BALANCE POLICY FORMULA AS ESTABLISHED BY THE CITY COUNCIL ON DECEMBER 22, 1980 (LAST AMENDED BY RESOLUTION 99 -21 ON JANUARY 25, 1999) Latest Audited Total Fund Balance at December 31, 1998 $7 Unrealized Gains or Losses (subtract gains or add back losses) (52,487) Adjusted Total Fund Balance at December 31, 1998 $7,285,513 Minimum Required Fund Balance Elements: 1. Items Not Readily Convertible to Cash: a. Accounts Receivable 84 b. Advances to Other Funds - - -- 105,074 $189,394 2. Amount Appropriated to the General Fund Current Year Budget: 1999 $13 3. Amounts to be Reserved for Working Capital and Variances from Revenue Estimates: (45% of Total General Fund Current Year Budget, less debt service) 45% of: $12 = $5 -------- - - - - -- Minimum Required Fund Balance $5 Amount in Excess of Minimum Required Fund Balance $1,451 i Amount Available per Formula for Other Use in Current Year $725,610 ADQFDBAL.XLS 1998 11/16/99 9:29 AM I City Council Agenda Item No. 8e Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SUPPORTING AND ENCOURAGING QUALITY K -12 EDUCATIONAL OPPORTUNITIES FOR BROOKLYN CENTER RESIDENTS WHEREAS, four school districts currently serve the residents of Brooklyn Center for K -12 education; and WHEREAS, the City Council of the City of Brooklyn Center supports decisions that will provide for quality education in appropriate facilities that are up -to -date, safe, and meet the physical environment needs of students. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it encourages and supports the school boards of the four school districts serving the residents of the city of Brooklyn Center continue their efforts to provide quality education and quality facilities so as to provide the best possible educational opportunities and environments for residents of Brooklyn Center attending their respective schools. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i • City Council Agenda Item No. 8f Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ENCOURAGING METROPOLITAN COUNCIL TO ADDRESS THE LONG -TERM NEEDS OF TRANSIT PATRONS AT THE BROOKLYN CENTER TRANSIT HUB WHEREAS, the Metropolitan Council, through its Transit Operations, operates a transit hub in the city of Brooklyn Center; and WHEREAS, the transit patrons transferring at what has been described by the Metropolitan Council as its second busiest hub should be provided with adequate and appropriate facilities by the Metropolitan Council; and WHEREAS, a temporary placement of the transit hub is occurring along Xerxes Avenue; and WHEREAS, this temporary solution should not be seen as a permanent solution; and WHEREAS, the provision of adequate sanitary facilities and protection from heat and cold needs to be provided. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it urges the Metropolitan Council to seriously work with the City of Brooklyn Center and others in identifying appropriate location and facility design and further encourages the Metropolitan Council, with all due haste, to undertake to provide an appropriate permanent location with facilities that will provide restrooms, heat, air conditioning, and an appropriate physical environment for the comfort, convenience, needs, and security of the transit patrons using the system's second busiest transit hub. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8g Office of the City Manager City of Brooklyn Center A great place to start. A great place to stay. i Michael I McCauley City Manager MEMORANDUM TO: Mayor Kragness, Councilmembers lstrom, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Mana er DATE: November 18, 1999 SUBJECT: Resolution of Support for the Reappointment of Donn Wiski as Chair of the Transportation Advisory Board Attached is a Resolution of Support for the Reappointment of Donn Wiski as Chair of the Transportation Advisory Board. The North Metro Mayors Association has adopted a resolution of support for this reappointment and has requested that member cities adopt individual resolutions as well. At the most recent North Metro Mayors operating committee meeting, the importance of continuity and the balance that Mr. Wiski has brought to the Transportation Advisory Board was detailed. Thus, it would appear appropriate to support his reappointment in the best interest of a balanced approach to transportation funding allocations in the Metropolitan Area. Attachment • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION OF SUPPORT FOR THE REAPPOINTMENT OF DONN WISKI AS CHAIR OF THE TRANSPORTATION ADVISORY BOARD WHEREAS, Donn Wiski has served as the Transportation Advisory Board chair for the past three and one -half years; and WHEREAS, Chair Wiski has served on the Transportation Advisory Board for six years; and WHEREAS, Chair Wiski's professional background includes 25 years in transportation planning; and WHEREAS, Chair Wiski was planning director for the City of Duluth; and WHEREAS, Chair Wiski has experience in local government including terms as mayor and council member in Roseville; and WHEREAS, Chair Wiski is working very effectively with the Metropolitan Council as it strives to meet the goals outlined in the Regional Blueprint; and WHEREAS, under his leadership, Chair Wiski has worked to include representatives of all modes of transportation on the Transportation Advisory Board; and WHEREAS, Chair Wiski has supported and strengthened the comprehensive, continuing, and cooperative transportation planning process in the Metropolitan Area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center supports the reappointment of Donn Wiski as Transportation Advisory Board Chairperson. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ® and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8h City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: November 12, 1999 1 Re: Social Service Funding: Draft Guidelines The current configuration of Budget Code 435: Social Service Funding combines several dissimilar funding types. In the Draft Guidelines, I have attempted to differentiate between those budget items that reflect joint powers, services that are dependent on funding to be offered in Brooklyn Center, and services that are enhanced by City funding, but not dependent upon it. The guidelines borrow concepts developed several years ago by the Financial Commission. These are set forth in the criteria proposed for the Category 3 funding requests. I think that it is important to approach services we are required to provide or contract for their provision in Brooklyn Center differently. Those costs will increase over time as the cost of staff etc. increase for the joint powers provider or the contractual provider. As the City's personnel costs increase each year, providing service through organizations such as Northwest Hennepin Human Services Council will also increase. If we hired staff to provide those services, the cost would have increased as well. For services that are not dependent on City funding to be offered, the Council must determine its goal in providing financial assistance to enhance or provide service in Brooklyn Center. If the Council seeks to provide start -up money, then it would be anticipated that City funding would decrease over time. If the Council seeks to have the service provided in Brooklyn Center, using the criteria for funding, the Council would need to address the issue of whether the circumstances justifying City financial participation are likely to change so as to change the need for City funding. If those circumstances are not likely to change through alternate sources of funding, the Council may reach the decision that funding be held constant or increase over time, provided weighing of competing requests and available money would justify that action. • 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 ADOPTING GUIDELINES FOR FUNDING OF SOCIAL SERVICES BUDGET CODE 435 WHEREAS, attached hereto and incorporated herein by reference as Exhibit A are guidelines for funding of social services budget code 435; and WHEREAS, the City Council wishes to use the guidelines set forth in Exhibit A as a general guide to assist in the process of reviewing the delivery of social services; and WHEREAS, the guidelines set forth in Exhibit A provide for certain review dates and processes to organize and assist in the review of social service delivery. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the guidelines set forth in Exhibit A for the funding of social services budget code 435 be and hereby are adopted as reasonable and proper. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • Exhibit A Guidelines for Fundin of Social Services Budtet Code 435 Social service funding will be divided into categories as follows: 1. JOINT POWERS AGREEMENTS. Services which the City is required to or otherwise would provide itself and has chosen to enter into_ioint rowers agreements with other governmental units to provide those services. Increased costs of providing these services over time are to be anticipated in the budget process based on allocation of costs to the City under the joint powers agreements. Guideline: The services will be funded and included in the budget. The City Council will review these services in February of even numbered years to determine if the delivery mechanism through joint powers is appropriate and effective. Unless the Council directs notice of intent to leave the joint powers agreement by March of any given year, the budget will include participation for the following year. 2. SERVICES DEPENDENT ON CITY FUNDING. General services which the City could provide itself and has chosen to contract for its provision by another entity, where the provision of the service in Brooklvn Center is de pendent on the Ci , s provision of financial support at a given level. Increased costs of providing these services over time are to be anticipated in the budget process based on allocation of costs to provide the service in the City.. Guideline: The services will be funded and included in the budget at a level necessary for the provision of the service. The City Council will review these services in February of each year to determine if the delivery mechanism through contract is appropriate and effective. Unless the Council directs notice of intent t terminate contractual provision of services by March of any given year, the budget will include participation for the following year. 3. SERVICES AIDED BY CITY FUNDING. General services which the City could provide itself and has chosen to contract for its provision by another entity and the provision of service in Brooklyn Center would be aided by City financial .sunvort. but is not dependent on City financial suvvort. Guideline: Based on a timely application for funding, the City Council will consider the following factors in determining funding in this category and allocate funding up to a total amount determined by the City council - service is unique in the City: that is, there is a rational for funding the organization's service provision, as opposed to funding one organization out of a • group of similar organizations without an objective basis for differentiating between the organizations Exhibit A ® - request meets an important community need - service does not duplicate other services offered in the community - number of residents served or benefit to community is high in relation to the amount requested/provided from/by City - program requires City support to provide level of service - use of volunteers is reasonable and cost effective - other funding sources have been explored /used - budget request is reasonable in light of organization's overall budget - administrative costs and program service costs are in reasonable balance • City of Brooklyn Center • A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: November 22, 1999 SUBJECT: Resolution Supporting the Brooklyn Center Year 2000 Celebration Committee's Application for Official Designation Phil Cohen contacted Mayor Kragness and me requesting that the City adopt a resolution supporting the Brooklyn Center Year 2000 Celebration Committee's application to be the official Millennium committee in the City of Brooklyn Center. Mr. Cohen requested that it be considered at this evening's meeting and Mayor Kragness was amendable to that. Mr. Cohen indicated that they wished to have the application processed as soon as possible and apologized for the delay in making the request. • • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION SUPPORTING THE BROOKLYN CENTER YEAR 2000 CELEBRATION COMMITTEE'S APPLICATION TO BE THE OFFICIAL MILLENNIUM COMMITTEE IN THE CITY OF BROOKLYN CENTER WHEREAS, the Brooklyn Center City Council at its meeting on July 13, 1998, approved the concept that the City of Brooklyn Center should participate in a Year 2000 Civic Celebration; and WHEREAS, at the same meeting authorized the Earle Brown Days Celebration Committee to continue to develop the concept of a Brooklyn Center Year 2000 Celebration Committee; and WHEREAS, the Earle Brown Days Committee organized the Brooklyn Center Year 2000 Celebration Steering Committee; and WHEREAS, the Brooklyn Center Year 2000 Celebration Steering Committee has held 11 organizing meetings that have involved most of the civic groups, schools, business, etc. serving the City of Brooklyn Center; and WHEREAS, the Brooklyn Center Year 2000 Celebration Committee has proposed a year long Calendar of Events; and WHEREAS, it has been determined that the Brooklyn Center Year 2000 Celebration Committee should incorporate as a Non - Profit Organization under the laws of the State of Minnesota; and WHEREAS, the application for such Non - Profit Organization status has been filed with the State of Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Council supports the Brooklyn Center Year 2000 Celebration Committee's application for designation as the official "Millennium" organizing committee in the City of Brooklyn Center. ti • RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i