Loading...
HomeMy WebLinkAbout1997 11-10 CCP Regular Session • CITY COUNCIL MEETING„ Public Copy City of Brooklyn Center November 10, 1997 AGENDA 1. Call to Order Informal Open Forum with City Council - 6:45 p tY .m. P 2. Informal Open Forum with City Council - 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. 3. Call to Order Regular Business Meeting - 7 p.m. 4. Roll Call 5. Invocation 6. Council Report 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. October 14, 1997 - Regular Session 2. October 27, 1997 - Regular Session 3. November 5, 1997 - Special Session b. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1995 -04, Contract 96 -1, Replacement of Lift Station No. 1 and Force Main C. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees CITY COUNCIL AGENDA -2- November 10, 1997 d. Resolution Expressing Recognition and Appreciation for the Public Service of Organizations Participating in Brooklyn Center's Adopt -A -Park, Adopt -A- Trail, and Adopt -A -Street Programs e. Remove from Council Table and Affirm the Decision of the City Manager to Deny a Private Kennel License Submitted b Daniel Kitchin 5601 Logan Avenue y g North f. Proclamation Declaring November 23 to 30, 1997, to be National Bible Week g. Resolution Authorizing Addendum to Employment Contract with City Manager h. Licenses S. Public Hearing a. An Ordinance Relating to Regulation of Public Right -of -Way; Adding New Sections 25 -1000 Through 25 -1032 to the Brooklyn Center Code of Ordinances -This item was first read on October 14, 1997, published in the official newspaper on October 22, 1997, and is offered this evening for a second reading and public • hearing.. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 9. Council Consideration Items a. Resolution Expressing Appreciation for the Gift of the Lions Club in Support of the Annual Holly Sunday Activities - Requested Council Action: - Motion to adopt resolution. b. Resolution Providing for the Issuance and Sale of $7,900,000 General Obligation Police and Fire Building Bonds, Series 1997B - Requested Council Action: - Motion to adopt resolution. C. Resolution Providing for the Issuance and Sale of $1,075,000 General Obligation Improvement Bonds, Series 1997A - Requested Council Action: - Motion to adopt resolution. • . CITY COUNCIL AGENDA -3- November 10, 1997 d. Resolution Authorizing Engagement of Architects for Police and Fire Building Projects - Requested Council Action: - Motion to adopt resolution. e. Discussion Regarding Council Invocation Requested Council Action: - Council discuss. f. Set Date and Time of City Council Work Session - Requested Council Action: Motion to set date for general Council work session as November 17, 1997, at 7 p.m. in City Hall Conference Room B. Cr. Discussion Regarding Pawnshop Ordinance - Requested Council Action: - Council discuss. • 10. Adjournment D RAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 14, 1997 CITY HALL CALL TO ORDER INFOR OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor iVlyrna Kragness at 6:45 P .m. ROLL CALL Mayor I'viyrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, City Attorney Jim Thomson, and Council Secretary LeAnn Larson. INFORMAL OPEN FORUM No one appeared for informal open forum. ADJOURN INTORMAL OPEN FORUk[ A motion by Councilmember Carmody and seconded by Councilmember Lasman to adjourn informal open forum at 6:53 p.m. . assed unanimously. , CALL TO ORDER REGULAR BUSINESS MEETIti The Brooklyn Center City Council met in regular session and was called to order by .�VIavor 1Vlvrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness. Councilmembers Kathleen Carmody. Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Services Director Diane Spector. City Attorney Jim Thomson, and Council Secretary LeAnn Larson. INVOCATION Invocation was offered by Sheila Amngton. • y R A F T COUNCIL REPORTS • Councilmember Peppe stated he recently attended a Brooklyn Peacemakers dinner meeting. Councilmember Carmody noted recent attendance at several meetings: an ARM (Association for Rental Management) meeting, a Human Rights and Resources Commission meeting, a League of MN Cities regional meeting, and a Board of Government Innovation and Cooperation meeting. Mayor Kragness noted the ongoing collaborative effort to effect Highway 100 reconstruction in Brooklyn Center. APPROVAL OF AGENDA AND CONSENT AGENDA City Manager McCauley requested that Item 7.d. be removed from the consent agenda for discussion. Councilmember Hilstrom requested that Item 7.e. be removed from the consent agenda for discussion. A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the agenda and consent agenda as amended passed unanimously. APPROV • RO AL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve minutes of the August 25, 1997 -- Regular Session; September 3, 1997 -- Regular Session; September 11, 1997 - -Joint Session with Planning Commission; September 22, 1997 -- Special Session; September 22, 1997 -- Regular Session; and September 22, 1997 -- Budget Work Session as printed passed unanimously. APPOINTMENT OF ELECTION JT-TGES TO SERVE IN THE NOVEMBER 4,1997, SPECIAL ELECTION A motion was made by Councilmember Carmody to approve the list of election judges to serve in the November 4, 1997, Special Election. The motion was seconded by Councilmember Lasman and passed unanimously. RESOLUTION ACCEPTI1v'G BID AND AWARDING A CONTRACT IMPROVEMENT PROJECT NiO. 1997 -14 CONTRACT 1997 -fi4 WATER UTILITY ENERGY CONSERVATION MEASURES • 10 %1.1197 U , mom RESOLUTION NO, 97-177 • Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1997 -14, CONTRACT 1997 -M, WATER UTILITY ENERGY CONSERVATION MEASURES The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION ACCEPTING WORK PERFO IyIED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO 1997 09 CONTRACT 1997-C. 1997 SEALCOATIN RESOLUTION NO. 97 -178 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT. IMPROVEMENT PROJECT NO. 1997 -09, CONTRACT 1997 -C. 1997 SEALCOATNG • The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION DECLARING A PUBLIC' UISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 97 -179 Member Carmodv introduced the follow resolution and moved its adoption: - .. p RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUT10N THE SCHEDULE FOR VARIOUS LICENSE FEES RESOLUTION NO. 97 -180 Member Carmody introduced the following resolution and moved its adoption: • 10/ 1 4/9 7 -3- DFIAtFf RESOLUTION AMENDING THE SCHEDULE FOR VARIOUS LICENSE FEES • The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. LICENSES Mechanical Svstems Affordable Heating and A/C, Inc. 1069 McKee Street, Eagan Erickson Plumbing, Heating & Cooling 9212 Isanti Street NE, Blaine Fisher -Bjork Sheetmetal Company, Inc. 1441 Iglehart Avenue, St. Paul Midland Heating 6442 Penn Avenue South, Richfield Rental Dwellings Initial: Manuel T. Woods 319 -21 55th Avenue North Renewal: Midwest Management Basswood Apartments George Lucht 5105 Brooklyn Boulevard David Wagtskjold 6845 Willow Lane Sign Hance • Schad -Tracy Signs, Inc. 1610 East Cliff Road, Burnsville Tobacco Related Products Tobacco Leaf 6300 -B Brooklvn Boulevard U. S. Tobacco, Inc. 6914 Brooklyn Boulevard PRESENTATION Mayor Kragness asked Councilmember Lasman to describe the Random Acts of Kindness Program. Councilmember Lasman described the Random acts of Kindness Program. As part of the Cities Week celebration this year. Brooklyn Center citizens or those individuals working in Brooklyn Center were nominated for recognition of random acts of kindness. All nominations were acknowledged and on display at Brookdale Shopping Center during Cities Week, October 5 -11, 1997. Councilmember Lasman thanked all who participated in recognizing kind acts done by others and applauded the nominees. Several examples of the 100+ nominations were read. y Nominees were viven certificates of appreciation. They included: Bem. Bailey, Larry Beumer, Jerry Blamev. Don Buc'.;inaham. Tonv & Paae Cardinal. Carol Eage. Fred Erickson. Allan Farmes. dike • 10/ 14197 _ _ & Vi Fogel, Ray Frey, Shari Gary, Kathy Gerasch, Jackie Graham, Linda Hadden, Linda Hanka, Jud • Haynie, Conly Hill, Marlene Huber, Darlene & Erie Johnson, Norma Kinghorn, Tom Kouri, Jerry Labate, Terry Lenz, Sue Anne Lindquist, Carole Lonkey, Shelley Lutzke, Marcie Marquardt, John Marszlek, Donald Merritt, Julie Messenbrink, Bruce & Fran Morrow, Betty Muellner, Joyce Nelson, Doris Patterson, Mark Ramm, Alice Ranua, Terry Rawson, Bob Richardson, Vera Roberts, Paul & Rita Rodgers, Ron Rosenow, Delores Schleusner, Fred Schmidt, Tom Shinnick, Shirley Simpson, Carl Stadler, Carol Stauber, James Stumpfa, Charles Stutz, Jim Tade, Les Thurs, Peg & Bill Trebesch, Carol Weber, John & Sylvia Winkelman, and Ray Zirkle. The following school patrol members were recognized with certificates of appreciation: Jacob Alstrup, Jenny Anderson, Michelle Ayers, Sarah Bennek, Amy Bydlon, Jeremy Bydlon, Tosin Cole, Lindsey Cope, Rachell Gaulke, Becky Gengler, Jana Goodwin, Nate Graen, Stacy Hansen, Faye Haywood, Susie Haywood, Danny Heinzmann, Tabin Hinck, Lori Irwin, Jocelyn Kortan, Tony Krueger, Justin Lundin, Maria Nguyeneong, Calen Nimmer, Jenny Ojiaku, Obinna Ojiaku, Vanessa Ortis, Renee Peterson, Ashley Phaneauf, Caitlin Rasmussen, Alison Rice, Emily Robeck, Keisha Robinson, Tiphane Rood, Marie Salland, Katie Schaaf, Stephanie Schroeder, Kristina Schunk, Pam Sellberg, Aleksandra Simonovich, Kaylyn Stanislawski, Brittany Storie, Brad Stock, Jessica Tillman, Cassy Williams, and Tiffany Wirth. The following City employees were recognized with certificates of appreciation: Dave Anderson, Lyle Anderson, John Bentzen, Dave Fisher, Ole Nelson, and Dave Peterson. • The Council took a break at 7:18 p.m. to hand out certificates of appreciation to attendees. The Council resumed the meeting at 7:29 p.m. PI JBLIC HEARING AN ORDNANCE AMENDING CHAPTER 6 OF THE CITY O INANCES REGARDNG THE ADMINISTRATIVE CODE This item was first read on September 22, 1997. published in the official newspaper, and was offered this evening for a second reading and public hearing. City 'Manager McCaulev explained that this ordinance amendment would enact changes in the department structure of the City's organization. The proposal would organize recreation, buildings and maintenance, and the golf course into one department, separate from the Public Services department in which these activities now take place. In order to proceed with finalizing the re- organization. plan and recruitment of a department head for the new department, revision of the City's Administrative Code, Chapter 6, was necessary. A motion was made by Councilmember Carmody to open the public hearing. The motion was seconded by Counclmember Hilstrom and passed unanimously. 10/1-4,,9-/ DRAFT No public input was offered. • A motion was made by Councilmember Carmody to close the public hearing. The motion was seconded by Councilmember Lasman and passed unanimously. QRDINANCE NO. 97-14 Member Peppe introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY ORDINANCES REGARDING THE ADMINISTRATIVE CODE The motion for the foregoing ordinance was duly seconded by member Lasman and passed unanimously. RESOLUTION ESTABLISHING THE CITY'S DEPARTMENT RESOLUTION NO. 97 -181 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE CITY'S DEPARTMENTS • The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. V COUNCIL CONSIDERATION ITEMS PROCLAMATION DECLARING OCTOBER AS NATIONAL BREAST CANCER AWARENESS N-tONTH AND OCTOBER 17 1997 AS NATIONAL MANINIOGRAPHY DAY A motion was made by Councilmember Lasman to declare October as National Breast Cancer Awareness tilonth and October 17, 1997, as National Mammography Day. The motion was seconded by Councilmember Carmody and passed unanimously. SET DATE AND TIiy1E OF CITY COL�iCIL WORK SESSION A motion was made by Councilmember Carmody to set November 3, 1997, at 7 p.m. City Hall Conference Room B. for a general Council work session. The motion was seconded by Councilmember Hilstrom and passed unanimously. RESOLUTION RECEIVING AND ACCEPTING SU71, REPORT OF CO .AND FINDINGS PREPARED BY CARL H NEU JR. 1011141'9 -6- DRAFT • City Manager McCauley noted that the Council had met in facilitated workshop on August 23, 1997, to discuss critical issues facing the City, review and revise 1997 goals, and to establish proposed goals for calendar year 1998. The facilitator, Carl H. Neu, Jr., had prepared a Summary Report of Key Conclusions and Findings. RESOLUTION NO. 97 -182 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION RECEIVING AND ACCEPTING SUMMARY REPORT OF CONCLUSIONS AND FINDINGS PREPARED BY CARL H. NEU, JR. The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. RESOLUTION ADOPTING GOALS FOR 1998 Councilmember Carmody read a list of the goals for 1998 as established by the Council at the facilitated workshop. Councilmember Hilstrom noted that these goals are not ranked in order of importance. • The goals for 1993 are: 1) Develop a plan for providing operating and future capital needs funds for the golf course, liquor stores, and Earle Brown Heritage Center. 2) Review the City's departmental structure with analysis of needs and identification of opportunities for improved service delivery. �) Establish a contingency option for Council in the event of funding losses. 4) Establish a long -range financial plan for the City (five -year and ten to twenty -year appendix of major future needs and possible approaches for addressing these needs). 5) Implement fire and police plans (either build with bond proceeds or seek betterment of facilities if no bond monies are available). 6) City Council be more active in regional issues affecting the City. 7) Continue work on redevelopment issues with emphasis on: a) Brookdale, b) Brooklyn Boulevard. and c) 53rd avenue. while being able to respond to other opportunities. • 1 0/ 1 - 97 D F " 1AF 8) Continue code enforcement with Council review of process and goals with staff to refine the • code enforcement effort. 9) Meet with commission chairs to develop updated goals and missions for each of the City's commissions. 10) Develop a plan to address building needs at City Hall/Community Center for handicapped accessibility, roofing, heating, ventilation, air conditioning, removal of police functions, and citizen access and service. 11) Implement those study recommendations adopted by Council for liquor store and Earle Brown Heritage Center. RESOLUTION NO. 97 -183 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING GOALS FOR 1998 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. AN ORDNANCE RELATING T U - • • REGULATION OF PUBLIC RIGHT-OF- WA�C' ADDNG NEW SECTIONS 2> -1000 THROUGH 2 5 -1032 TO THE BROOKLYN CENTER CODE OF ORDIN N S City Manager McCauley explained that this ordinance would regulate the use of the public right -of- way by public and private utilities, including telecommunication providers. This proposed ordinance is based on the model right -of -way d' w or mance that as oin v v � tl, developed by the City En tne,.rs Association of Minnesota (CEAN1) and the League of Minnesota Cities. In general, the ordinance would: 1) Require that entities desiring to obstruct, excavate, or have equipment in the right -of -way must annually register with the City. �) Require that all registrants annually submit a one -year plan and a five -year plan for construction and major maintenance. �) Establish a permit system that provides for two types of permits: an excavation permit, and an obstruction permit. The City may establish fees for these permits, as well as a "disruptive fee" to be imposed in the case or unreasonable delays n excavation. obstruction. repair. or restoration. • 10/ 14,'97 -3- %jMAFT 4) Provide the City with the authority to establish restoration standards and penalties should the • restoration work not be performed to those standards. 5) Require that entities with equipment in the right -of -way provide the City with mapping data showing the location of its equipment within the public right -of -way. 6) Allow the City to establish specific locations or "corridors" for each type of equipment. 7) Allow some flexibility and discretion in its application so it is not unduly burdensome to residents, small businesses. etc. A motion was made by Councilmember Carmody to approve the first reading of the ordinance and set November 10, 1997, for a public hearing and second reading. The motion was seconded by Councilmember Hilstrom and passed unanimously. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BYE FAMILY IN MEMORY OF ROBERT BYE Councilmember Hilstrom noted that the Bye family had donated two park benches in memory of Robert Bye. These benches will be located in or near Northport Park. • RESOLUTION NO. 97 -184 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIAATION FOR THE GIFT OF THE BYE FAlMILY IN MEMORY OF ROBERT BYE The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. V RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE LIONS CLLR N SUPPORT OF THE ANNUAL CHILDREN'S HALLOWEEN PARTY Councilmember Carmody noted the generous donation of four hundred fifty dollars (5450) from the Lions Club, designated for the October 26 Halloween Party and Swim activity at the Community Center. RESOLUTION NO. 97 -185 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE LIONS CLUB IN • 10!IUlQ -9- r a SUPPORT OF THE ANNUAL CHILDREN'S HALLOWEEN PARTY • The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION ADOPTING 4 HEDU F FOR REQ UESTS FOR PROPOSAL FOR-LEGAL SERVICES City Manager McCauley explained that the City Council had expressed a desire to ensure that legal services would be periodically reviewed and that the proper balance be maintained between costs and quality of services. A schedule has been established to solicit requests for proposals for legal services, with requests for proposals for civil and criminal services being solicited on an alternating four -year basis. The fast year for soliciting requests for proposals for criminal law services would be 1997, and the first year for soliciting requests for proposals for civil law services would be 1999. RESOLUTION NO 97-186 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING SCHEDULE FOR REQUESTS FOR PROPOSALS FOR LEGAL SERVICES The motion for the adoption of the foregoing resolution was duly sec • onded by member Hilstrom and passed unanimously. RESOLUTION ACCEPTING BID AND AWARDING A CONT ACT IiVtPROVEtitENT PROJECT NO 1997 -18 C ONTRACT 1997-0. E`IERGEN Y REPLACEMENT OF THE COLD STORAGE BUILDiN ROOF City Manager McCauley explained that the Council had approved this emergency roof replacement at its September 22, 1997, meeting. City staff had solicited and received professional cost estimates to replace the roof which would cost approximately 536,000. When the bids were opened. the low bid was 58.400 higher than the cost estimate. RESOLUTION NO. 97 -187 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT. I�IPROVE.MENT PROJECT NO. 1997 -18. CONTRACT 1997 -0. EMERGENCY REPLACEMENT OF THE COLD STORAGE BUILDING ROOF • 1011 -1.9` -10- U HAFT The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and • passed unanimously. RESOLUTION APPROVING PRELIMINARY DESIGN. IMPROVEMENT PROJECT NO 1996_ 16. BROOKLYN BOULEVARD (CSAH 1 S 65TH AVENUE TO 71 ST AVENUE Councilmember Hilstrom asked that Mr. McCauley or staff give a brief presentation on the Brooklyn Boulevard project as this will be a major undertaking in the future. Mr. McCauley noted that this resolution was another step in the process of reconstructing Brooklyn Boulevard from 65th Avenue to 71st Avenue/Noble Avenue North. Public Services Director Diane Spector outlined the preliminary design. environmental assessment, and noted right -of -way acquisitions that would potentially be involved. RESOLUTION NO. 97 -188 Member Carmodv introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY DESIGN. INIPROVENIENT PROJECT NO. 1996 - 16. BROOKLYN' BOULEVARD (CSAH 152). 65TH AVENUE TO 71ST AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and • passed unanimously. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting at 7:55 p.m. passed unanimously. Citv Clerk Mayor Recorded and transcribed by: LeAnn Larson • 01 97 _� DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 27, 1997 CITY HALL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: Assistant City Manager Jane Chambers, City Clerk Sharon Knutson, and Council Secretary LeAnn Larson. INFORMAL OPEN FORUM No one appeared for informal open forum. ADJOURN INFORMAL OPEN FORUM A motion b Councilmember y Carmody and seconded by Councilmember Peppe to adjourn informal open forum at 6:55 p.m. passed unanimously. CALL TOO ER REGULAR BUSINESS ME TING RD REG L E The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: Assistant City Manager Jane Chambers, City Clerk Sharon Knutson, Public Services Director Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. 10/27/97 -1- DRAFT INVOCATION • A moment of silence was observed in memory of the Yang family who experienced a devastating fire recently. COUNCIL REPORTS Councilmember Lasman noted her recent attendance at a Crime Prevention meeting and a Housing Commission meeting. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the agenda and consent agenda as printed passed unanimously. RESOLUTION APPOINTING AUDITORS FOR THE YEAR ENDED DECEMBER 31 1997 RESOLUTION NO. 97 -189 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPOINTING AUDITORS FOR THE YEAR ENDED DECEMBER 31, 1997 The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. APPROVAL OF APPLICATION FORA THORIZATION TO CONDUCT AN EXCLUDED RAFFLE SUBMITTED BY SOUTHERN ANOKA COUNTY CHAMBER OF COMMERCE A motion was made by Councilmember Carmody to approve the application for authorization to conduct an excluded raffle submitted by Southern Anoka County Chamber of Commerce. The motion was seconded by Councilmember Hilstrom and passed unanimously. APPROVAL OF APPLICATION FOR AUTHORIZATION TO CONDUCT EXCLUDED BINGO SUBMITTED BY WILLOW LANE PTA A motion was made by Councilmember Carmody to approve the application for authorization to conduct excluded bingo submitted by Willow Lane PTA. The motion was seconded by Councilmember Hilstrom and passed unanimously. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT IMPROVEMENT PROJECT NO. 1997 -17. CONTRACT 1997 -N SHINGLE CREEK REGIONAL POND • 10/27/97 -2- DRAFT RESOLUTION NO. 97-190 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1997 -17, CONTRACT 1997 -N, SHINGLE CREEK REGIONAL POND The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 97 -191 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and • passed unanimously. LICENSES Mechanical Systems Advantage Air 12906 Ventura Court #5, Shakopee Air Flow Systems, Inc. 489 East Nebraska Avenue, St. Paul LBP Mechanical, Inc. 315 Royalston Avenue North, Minneapolis Romark, Inc. 293 Commercial Street, St. Paul Rental Dwellings Initial• Douglas Lida Brookhaven Apartments Penelope Brown 4819 Azelia Avenue North John & Iris King 2112 69th Avenue North Renewal: Arlene Johnson 7218 -24 West River Road Eugene Berg 1200 67th Avenue North Sign Hanger • Twin Cities Sign Images, Inc. 10550 County Road 81, Maple Grove 10/27/97 _3_ DRAFT Taxicab Minnesota Taxi Cab #13 David. Wokpeh Natee 135E 59th Street, #104, Minneapolis PUBLIC HEARINGS PRIVATE KENNEL LICENSE APPLICATION SUBMITTED BY PATRICK HANSEN 5425 IRVING AVENUE NORTH Assistant City Manager Jane Chambers explained that Chapter 1 of the Brooklyn Center City Ordinances requires the licensing of all private kennels, defined as any premise zoned or used for Rl and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old or older, are kept or harbored as pets and not for selling, boarding, showing, treating, grooming, or other commercial purposes. Section 1- 105.5b requires the City Manager to approve or deny the application based on the sanitation report and written comments by the applicant and any other affected persons and Section 1- 105.5c outlines the standards for approval. The City Manager had denied the application for a private kennel license for Patrick Hansen, 5425 Irving Avenue North, based on a majority of neighbors opposed to issuing the license. Mr. Hansen had requested a hearing before the City Council to show cause why the decision should be changed. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. Patrick Hansen noted that there hadn't been one police complaint report on his dogs. He also felt that the neighbors who complained about his barking dogs should've come to him first. Melissa Bird, neighbor at 5424 James Avenue North, said she thought it was fine to grant approval of the kennel license to Mr. Hansen, but she didn't like the manner in which Mr. Hansen incited her dog and other neighbor dogs to bark for the video he showed the Council. A motion by Councilmember Carmody and seconded by Councilmember Lasman to close the public hearing passed unanimously. Council consensus was that there was sufficient evidence in favor of denying the license to Mr. Hansen. A motion was made by Councilmember Carmody to affirm the decision of the City Manager to deny a private kennel license application for Patrick Hansen, 5425 Irving Avenue North. The motion was seconded by Councilmember Peppe and passed unanimously. Mayor Kragness stated that Mr. Hansen had four weeks in which to come into compliance with the City Ordinances. is 10/27/97 -4- DRAFT AN ORDINANCE AMENDING CHAPTERS 11 AND 23 OF THE CITY ORDINANCES . RELATING TO THE SALE OF PULL -TABS Assistant City Manager Jane Chambers explained that this ordinance had previously been discussed and tabled by the Council. There are sections of the ordinance which still need to be changed to be in compliance with State Statutes regarding the trade area within which proceeds may be spent. The City Attorney will be drafting a new proposal with those technical changes and submitting it to all of the affected pull -tab operators prior to its introduction for consideration by the Council at a future date. The recommendation at this time would be to reject the proposed ordinance change. A motion was made by Councilmember Carmody to open the public hearing. The motion was seconded by Councilmember Hilstrom and passed unanimously. No public input was offered. A motion was made by Councilmember Carmody to close the public hearing. The motion was seconded by Councilmember Hilstrom and passed unanimously. A motion was made by Councilmember Peppe to reject the proposed ordinance The motion was seconded by Councilmember Lasman and passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATIONS NO. 97010 97011 97012 MITTED BY HOLIDAY STATIONSTORES INC Planning and Zoning Specialist Ron Warren introduced the following Planning Commission Applications submitted by Holiday Stationstores. Application No. 97010 was a request for preliminary plat approval to subdivide two existing lots into three lots to allow redevelopment of a dental office and Holiday Stationstore at the northwest corner of T.H. 252 and 66th Avenue North. Application No. 97011 was a special use permit and site and building plan approval to construct a new 4,232 square foot Holiday Stationstore with 1,080 square foot attached car wash. Application No. 97012 was a request for site and building plan approval to demolish an existing dental office and build an approximate 5,400 square foot new dental clinic on the proposed Lot 2 that would be located west of the proposed Holiday Stationstore. The Planning Commission had recommended approval of Application Nos. 97010, 97011, and 97012, subject to several conditions. Councilmember Hilstrom questioned the subdivision of lots with little undeveloped commercial land remaining, the difficulty in accessing lot 3 of the plat, and the proposed new dental clinic not having site accessibility to T. H. 252. 10/27/97 _5_ Mr. Warren responded to Councilmember Hilstrom's questions, and also noted the probability of putting a traffic median on 66th Avenue to direct traffic and alleviate traffic concerns in this area. • The median would serve both SuperAmerica on the south side of 66th Avenue and the proposed Holiday Stationstore and dental office on the north side. Mr. Warren also noted that this median would not hinder any 66th Avenue and Camden redevelopment in the future. Councilmember Hilstrom asked if perceived traffic problems were justification for denial of the Planning Commission applications. City Attorney Charlie LeFevere responded yes, if it can be demonstrated that there would be circulation/traffic hazards. In this case, however, he stated that staff and a consultant don't see an issue with this traffic problem. When questioned about the traffic flow at present into SuperAmerica and how there would be an impact on SuperAmerica with the inclusion of a median on 66th Avenue, Mr. Warren stated that there is at present a need to improve traffic flow in the area and the median would offer some relief. Public Services Director Diane Spector offered that this proposed plan for a median strip was not a final version for traffic flow in this area. Future uses and redevelopment will prompt discussion in the years to come. Also, no building permits will be issued for any work unless there is satisfactory agreement with the conditions as stipulated by the Planning Commission. Gary Gandrud, attorney representing Holiday Stationstores; Timothy Keane, attorney representing • SuperAmerica; and Steve Schell, partner in River Road Dental Clinic, all spoke briefly on this issue. The Council took a brief break at 8:57 p.m. The Council reconvened at 9:03 p.m. City Attorney LeFevere stated that denial of the special use permit for Holiday Stationstore would be hard to defend. Councilmember Hilstrom requested an update on median design for 66th Avenue in the fixture. A motion was made by Councilmember Carmody to approve Planning Commission No. 97010 for preliminary plat approval, submitted by Holiday Stationstores, Inc., subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. A subdivision agreement, as approved by the City Engineer, shall be executed prior to final plat approval. 10/27/97 -6- • D RAFT 4. Appropriate driveway and cross access easements shall be developed and filed with • the titles to the properties in question. These easements are subject to the review and approval of the City Engineer and City Attorney prior to final plat approval. S. The existing 60 foot wide easement shall be continued and shown on the final plat for this property. The motion was seconded by Councilmember Lasman and passed unanimously. A motion was made by Councilmember Carmody to approve Planning Commission Application No. 97011, a special use permit and the site and building plans of a Holiday Stationstore project, subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of all site improvements. P P 4. Any outside trash disposal facilities or on- ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as-built survey of the property, improvements, and utility service lines prior to release of the performance guarantees. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. i 10,27;97 -7- N mr M__U L m n i b ' R A mW F = ` 1 w 11. A special use permit is granted to Holiday Stationstores, .Inc., for a gas station/convenience store/car wash at this location. Any expansion or alteration of the • use shall require an amendment to the special use permit granted. 12. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 13. The plan shall be modified prior to the issuance of building permits to indicate: a. A concrete delineator to be installed in the parking lot southeasterly of the building to define the end of the parking and the one -way drive lane leading to the car wash area. b. A "one way" sign shall be located at the southeast corner of the building to indicate proper traffic movement in this area. C. A delineator to be installed in the driveway serving his site to separate in- g P bound and out -bound traffic and to be consistent with zonin g ordinance provisions limiting driveway widths to no more than 30 feet. d. The elimination of the right -in only access from 66th Avenue North. 14. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 15. All work performed and material used for construction of utilities shall conform to the City of Brooklyn Center current standard specifications and details. 16. The final plat comprehended under Planning Commission Application No. 97010 shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 17. Roadway improvements to 66th Avenue North, including turn lanes and median opening, based on a design approved by the City Engineer, shall be installed either prior to or in conjunction with the issuing of a building permit for the Holiday Stationstore project. A certificate of occupancy shall not be issued until the roadway improvements are completed and functional. 18. The outdoor intercom system shall be used only for emergency purposes. The motion was seconded by Councilmember Lasman and passed unanimously. 10/27/97 -8- • DRAF A motion was made by Councilmember Carmody to approve Planning Commission Application No. 97012, for the dental clinic site and building plans, subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of all site improvements. 4. Any outside trash disposal facilities or on- ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all sign , which is subject to Chapter 34 of the City rY J P Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as-built survey of the property, improvements, and utility service lines prior to release of the performance guarantees. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 12. All work performed and material used for construction of utilities shall conform to the City of Brooklyn Center current standard specifications and details. 13. The final plat comprehended under Planning Commission Application No. 97010 shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 10/27/97 -9- DRAFT 14. Roadway improvements to 66th Avenue North, including turn lanes and median opening, based on a design approved by the City Engineer, shall be installed either prior to or in conjunction with the issuing of a building permit for the Holiday Stationstore project. A certificate of occupancy shall not be issued until the roadway improvements are completed and functional. 15. The screening between the dental office and the R -3 zoned property to the west, consisting of a combination of a 6 foot high opaque fence and Colorado Blue Spruce trees is consistent with screening required by the Ordinance. The motion was seconded by Councilmember Lasman and passed unanimously. COUNCIL CONSIDERATION ITEMS DISCUSSION REGARDING SOCIAL SERVICE FUNDING POLICY DEVELOPMENT Financial Commission Chair Donn Escher gave a presentation regarding the social service funding policy development. Earlier this year, the Council requested the Financial Commission review the policy and procedure for awarding dollars to organizations requesting assistance. Mr. Escher noted that the social service budget has grown from over $92,000 in 1995 to requests in excess of $100,000 for 1998, at a time of diminishing City fiscal resources. The Financial Commission feels that it is imperative for the Council to establish some workable and equitable policies to guide its actions. Mr. Escher further stated the Commission's questions at this point: 1) What are the appropriate services in which the City should be engaged? 2) Is the City required or obligated to provide any of the services now funded? 3) How much budget does the City have available for social services each year if expenditures for such services is appropriate? 4) How has present policy been applied by the Council to organizational requests in the past? 5) What types of organizations have requested monetary assistance e m the ast . 6 What p ) t is the practice and policy of other cities with regard to social service monetary assistance in the past? The Financial Commission recommends that the Council use its present policy and procedure for fiscal 1998 and enter into an intensive study with the Financial Commission and other appropriate resources for budget years 1999 and on. RESOLUTION CREATING A CITY INITIATIVES GRANT FUND AND AUTHORIZING THE APPROPRIATIONS ASSOCIATED WITH THE PROGRAMS FUNDED BY THE GRANTS Assistant City Manager Jane Chambers explained that this resolution would create a special revenue fund to handle grants received from the federal and state governments. This new fund would establish separate budgets for each program and provide better accountability to the oversight agency 10/27/97 -10- i DRAFT assigned to the grants. Separation between the operating expenditures of general fund departments and the expenditures funded by one -time grants would also be achieved. In addition, the appropriations created in this fund would be treated as project - length budgets and carry forward to multiple years until the grant appropriation is exhausted. RESOLUTION NO. 97 -192 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CREATING A CITY INITIATIVES GRANT FUND AND AUTHORIZING THE APPROPRIATIONS ASSOCIATED WITH THE PROGRAMS FUNDED BY THE GRANTS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. AN ORDINANCE VACATING A CITY ROADWAY FOR PARK PURPOSES Public Works Director Diane Spector explained that this ordinance would vacate the roadway that Mn/DOT turned back to Brooklyn Center to Hennepin Regional Park Authority. The right -of -way has already been conveyed to Hennepin County Parks to be incorporated into North Mississippi Regional Park. • A motion was made by Councilmember Carmody to approve the first reading of the ordinance and set November 24, 1997, for public hearing and second reading. The motion was seconded by Councilmember Peppe and passed unanimously. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE CAHLANDER FAMILY AND FRIENDS IN MEMORY OF ROBERT CAHLANDER JR. Councilmember Carmody noted that the family and friends of Bob Cahlander have recently donated a stainless steel bear sculpture in memory of Bob "Bear" Cahlander which has been placed in Bob Cahlander Park. This gift is unique in that it is the first piece of art in our City parks. RESOLUTION NO. 97 -193 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE CAHLANDER FAiMILY AND FRIENDS IN MEMORY OF ROBERT CAHLANDER, JR. The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 1 0/27/97 -11- L R AFT RESOLUTION COMMENDING THIRD GRADE STUDENTS AT GARDEN CITY ELEMENTARY SCHOOL Councilmember Hilstrom stated that she had recently presented an informative session regarding City issues to Garden City Elementary School third graders. She noted that the students demonstrated a knowledge of and sincere interest in many of the issues currently facing the City, and she wanted to recognize these students and their teachers for taking the time to inform themselves and be interested in our City. RESOLUTION NO. 97-194 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION COMMENDING THIRD GRADE STUDENTS AT GARDEN CITY ELEMENTARY SCHOOL The motion for the adoption "of the foregoing resolution was duly seconded by member Carmody and passed unanimously. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 9:24 p.m. passed unanimously. • City Clerk Mayor Recorded and transcribed by: LeAnn Larson 10/27/97 _12- 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 SPECIAL SESSION NOVEMBER 5, 1997 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session as an election canvass board and was called to order by Mayor pro ter Kathleen Carmody at 5 p.m. ROLL CALL Mayor pro tem Kathleen Carmody, and Councilmembers Debra Hilstrom and Kay Lasman. Mayor Myrna Kragness and Councilmember Robert Peppe were excused from the meeting. Also present were City Manager Michael J. McCauley and City Clerk Sharon Knutson. CANVASS OF ELECTION RETURNS The Brooklyn Center City Council proceeded to canvass the City special election returns from the various City precincts, reporting ballots cast on the question as follows: YES votes 3,497 NO votes 834 RESOLUTION NO. 97 -195 Upon completing the election canvass, member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION REGARDING CANVASS OF NOVEMBER 4, 1997, SPECIAL ELECTION The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Debra Hilstrom and seconded by Councilmember Kay Lasman to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council meeting adjourned at 5:02 p.m. City Clerk Mayor 11/5197 _1_ 76 • • MEMORANDUM DATE: November 3, 1997 TO: Michael J. McCauley, City Manager FROM: Scott A. Brink, City Engineer SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1995 -04, Contract 96 -I, Replacement of Lift Station No. 1 and Force Main On April 12, 1996, the City Council awarded a contract to Municipal Builders, Inc. in the amount of $897,000 for Contract 1996 -I. Municipal Builders, Inc. has completed the work as specified. The project was essentially completed at the end of last year, while some minor restoration and electrical related work was • completed this year. The lift station has now been up and running satisfactorily for nearly one year. With the completion of the miscellaneous items, final payment is now requested. • The final contract amount is $898, 608, an increase of less than 0.2 %. Some additional sodding and restoration work in the surrounding park and ballfields can be attributed to this relatively small increase. It should be noted that a contingency of 15% ($134,000) was originally included to cover any unanticipated cost overruns. Additional consulting engineering fees were also amended and approved by the City Council on January 13, 1997 to provide for a design change which reduced the construction costs considerably. It is recommended to accept the work performed in the amount of $898, 608. IL � P a r 1 n.' fa 2 A v , dr F. { • Old Lift Station New Lift Station Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1995 -04, CONTRACT 96 -1, REPLACEMENT OF LIFT STATION NO. 1 AND FORCE MAIN WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Municipal Builders, Inc. has satisfactorily completed the following improvement in accordance with said contract: Improvement Project No. 1995 -04, Contract 1996 -1, Replacement of Lift Station No. 1 and Force Main. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $898,608. 2. The work completed under said contract is accepted and approved according to the following schedule: • Per As Amended Feasibility Report Per Low Bid Fina COSTS Contract $960,000 $897,000 $898,608 Contingency(15 %) $144,000 $134,000 Consultant Engineering $80,000 $114,000 $106,834 Staff Engineering(2 %) $19,200 $17,940 $ 17,972 Administration(3 %) $ 28.800 $26,910 $ 26.958 TOTAL $1,232,000 $1,189,850 $1,050,372 REVENUES Utilities Sanitary Sewer Utility $1,232,000 $1,189,850 $1,050,372 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. 7G • MEMORANDUM DATE: November 5, 1997 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Administrative Aide ' r SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this will be the final resolution submitted for council consideration this year. • • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 11 /10/97 ) WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance: NOW, THEREFOR, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER THOMAS & PAULA HUNTER 3200 62ND AVE *i 178 DANIEL & BEULAH MITCHELL 2900 63RD AVE N 179 F:�RL.MP7 & LILAMAE TRONVOLD 2812 63RD AVE N '180 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second wr notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. • 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. • 7d • MEMORANDUM Dater November 5, 1997 To: Michael McCauley, City Manager From: Joyce Gulseth, Public Works Administrative Aide Subject: Resolution Expressing Recognition and Appreciation for the Public Service of Organizations participating in Brooklyn Center's Adopt -A -Park, Adopt -A- Trail, and Adopt -a- Street Programs Supported by the efforts of 38 groups or individuals, the Adopt- A- Park/Trail /Street Program plays an important role in helping maintain City parks, trails, public grounds, and streets. The program was established in 1992 through the supportive efforts of the Park and Recreation Commission and the public works staff. Facilities selected were those which staff believed could benefit most from "adoption. " Now in its sixth year, the program continues to grow with a high level of participation indicating a great amount of community support for our extensive park system, and a desire to maintain its quality. The volunteer groups represent a cross - section of the community including service organizations, employee groups, schools, scouts, churches and neighborhood groups. The organizations are recognized by small signs at their adopted facilities. At the beginning of the 1997 season 18 groups had fulfilled their two -year commitment and were offered an opportunity to extend their adoption for another two -year period. Sixteen groups chose to extend their commitment and two new groups were added. A listing of the volunteer groups and their adopted facilities is attached. The attached resolution thanks the groups for their commitment to this program. • ADOPT- A- PARK -1997 Arboretum — Region B Campfire Boys and Girls 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 and Bullfrogs & Butterflies Childcare Firehouse Park — Brooklyn Center Charter Commission Freeway Park — Friends of Freeway Park Garden City Park — Brookpark Dental Center Grandview — Children's World and 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 Orchard Park — Kids On The Move Daycare Palmer Lake East — Kathleen Carmody & Family Palmer Lake West — Palmer Lake Elementary Riverdale — Friends of Riverdale Park River Ridge — Cub Scouts - Pack 401 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 ADOPT -A- STREET 1997 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 ADOPT -A -TRAIL 1997 69th Avenue — Girl Scout Troop #1469 Lilac Drive — B.C. Lions Club Shingle Creek North — Brooklyn Swim Club Shingle Creek South — B.C. Community Oriented Policing • Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A- PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS WHEREAS, the City Council of the City of Brooklyn Center determined that it is in the City's interest to operate volunteer programs that involve the community in the maintenance of city parks, trails, and streets; and WHEREAS, the following organizations have generously volunteered their time and energy participating in the Adopt -A -Park, Adopt -A- Trail, and Adopt -A -Street programs; and WHEREAS, it is appropriate that their service to the community be recognized. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the public service of the following groups is hereby recognized ® and appreciated: Allina Receivable Services Friends of Freeway Park Barnacle Bill's Steak & Seafood Friends of Riverdale Park Boy Scout Troop #401 Garden City Elementary Brookdale Chrysler Plymouth Girl Scout Troop #1469 Brooklyn Center Charter Commission Girl Scout Troop #1789 Brooklyn Center Community Oriented Policing Kathleen Carmody and Family Brooklyn Center Lions Club Kids On The Move Daycare Brooklyn Center Lioness Club Looney Weavers Brooklyn Center Rotary Club Minneapolis North Hilton Staff Brooklyn Swim Club Orchard Lane Elementary School Brooklyn United Methodist Church Palmer Lake Elementary Brookpark Dental Center Park & Recreation Commission Bullfrogs & Butterflies Child Care Ray and Dolores Beach Children's World Region B Campfire Boys and Girls Children's Residential Services Riverwood Neighborhood Association Cub Scouts Pack 299 Target, Brooklyn Center "Good Neighbors" Cub Scouts Pack 401 Tim Olson Earle Brown Elementary Todd Paulson Family Evergreen Park School & PTO Willow Lane Student Council 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 I City of Brooklyn Center 7E A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: November 5, 1997 SUBJECT: Private Kennel License Application Submitted by Daniel Kitchin, 5601 Logan Avenue North At its September 8, 1997, meeting, the City Council tabled consideration for sixty (60) days the private kennel license application submitted by Daniel Kitchin, 5601 Logan Avenue North, to keep five dogs (an excerpt of the meeting minutes is attached). On November 3, 1997, I called Mr. Kitchin to notify him that the sixty (60) days would expire on November 7, 1997. Mr. Kitchin informed me that his house was sold and the closing was scheduled for November 14, 1997. Mr. Kitchin requested an extension until the November 14, 1997, closing date to keep his dogs, and then • he would no longer reside in Brooklyn Center. City Attorney Charlie LeFevere recommended the City Manager approve Mr. Kitchin's request for extension. Mr. LeFevere also informed that the Council action required is to remove the item from the Council table and affirm the decision of the City Manager to deny a private kennel license submitted by Daniel Kitchin, 5601 Logan Avenue North. Attachments 6301 Shingle Creek Pkzvy, Brooklyn Center, MY 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 and passed unanimously. • RESOLUTION NO. 97 -159 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR PUBLIC UTILITY HOOKUP CHARGES TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. RESOLUTION NO. 97-160 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. PRIVATE KENNEL LICENSE APPLICATION SUBMITTED BY DANIEL KITCHIN 5601 LOGAN AVENUE NORTH City Attorney LeFevere outlined the action leading to Mr. Kitchin's appeal of his private kennel license denial. Chapter 1 of the Brooklyn Center Ordinances requires the licensing of all private kennels, defined as any premise zoned or used for R1 and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old or older are kept or harbored as pets and not for selling, boarding, showing, treating, Grooming, or other commercial purposes. The City Manager had denied the application for a private kennel license for Mr. Kitchin. Mr. Kitchin then requested a hearing before the City Council to show cause why the decision should be changed. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. Herb Davis, attorney -at -law, spoke on behalf of Mr. Kitchin. He spoke at length regarding Mr. Kitchin's situation with rental of his home and the City's code compliance requirements. He explained that this information was relevant to the City Council issuing a private kennel license for Mr. Kitchin. With regard to the private kennel license, he stated that none of the reports • 9/8/97 -9- received from neighbors requested the license be denied and the police report did not indicate any dog complaints. Councilmember Hilstrom indicated she had been to Mr. Kitchin's property and noticed a "For Sale" sign. Mr. Davis confirmed that Mr. Kitchin's house is for sale. City Manager McCauley explained that he based his denial of the license on the inspection report which indicated the backyard was all dirt, the inside of the house smelled of wet dog, and the fact that the five dogs are large. This led to his conclusion that it would have an adverse affect on the health, safety, and welfare of the residents. Mayor Kragness explained that the City Ordinances are in place for the betterment of the City as a whole, and asked what Mr. Kitchin expects of the City Council. Mr. Davis said that Mr. Kitchin is asking the Council to allow him to keep his dogs until he sells his house. Mr. Kitchin indicated his intent is to sell his home and move out of Brooklyn Center. Councilmember Peppe recommended that Mr. Kitchin be given 60 days in which to rectify his situation with his excess dogs even if he hasn't sold his house in that time. There was a motion by Councilmember Peppe and seconded by Councilmember Lasman to -rant Mr. Kitchin a 60 -day extension to rectify his situation with his excess dogs even if he hadn't sold his house in that time. :Mayor Kragness requested clarification on the motion. City Attorney LeFevere explained that the motion on the table puts the applicant in the position of continuing to operate a private kennel without a license. He suggested continuing this issue for 60 days so that the applicant has an application pending, staff has a basis not to prosecute because a license is pending, yet the Council has not granted a license. In 60 days the license could be brought back for Council consideration. Councilmember Peppe withdrew his previous motion. A motion was made by Councilmember Hilstrom to table this issue for 60 days and if at that time there is still an unresolved situation, then it be brought back to the Council. The motion was seconded by Councilmember Peppe and passed unanimously. AN ORDINANCE AMENDING CHAPTERS 11 AND 23 OF THE CITY ORDINANCES RELATING TO THE SA E OF PULL -TABS This item was first read on August 11, 1997, published in the official newspaper on August 20, 9/8/97 -10- City of Brooklyn Center O ffice of the City Ma nager A great place to start. A great place to stay. • Michael I McCauley City jVanager November 4, 1997 Mr. Daniel Kitchin 5601 Logan Avenue North Brooklyn Center, MN 55430 RE: Private Kennel License Application Dear Mr. Kitchin: At its September 8, 1997, meeting, the City Council tabled consideration of your private kennel license for sixty (60) days. until November 7, 1997. As you indicated in your telephone conversation yesterday to the City Clerk. your residence at 5601 Logan Avenue North is sold, and the closing will be held on November 14, 1997. Your request for an extension period to keep your dogs until November 14, 1997, is hereby approved. Thank you for your cooperation in this matter. Sincere Michael J. M�Zauley City Manager cc: Herbert C. Davis. Attornev At Law • 1301 shingle Creek Pku�., Brooi?.yn Center lN55430 -2199 • City Hail 3z TDD Number (6121 Recreation and Community Center Phone & TDD ` ; 61 `?1 569 -3.100 • .5Ax (61 ?) 569 3494 An AlTirmatire Action i Ecual Opportunities Employer 7 � PROCLAMATION • DECLARING NOVEMBER O EMBER 23 TO 30, 1997 AS NATIONAL BIBLE WEEK WHEREAS, the Bible has been a constant source of moral and spiritual guidance for many Americans throughout our history; and WHEREAS, the Bible has profoundly influenced our nation's art, literature, music, laws, and sense of charity; and WHEREAS, for fifty -seven years women and men of all faiths have banded together with the Laymen's National Bible Association to sponsor National Bible Week as a time to remind their fellow Americans of the Bible's unique place in American life. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim November 23 to 30, 1997, as National Bible Week in the City of Brooklyn Center. • 'Date Mayor Attest: City Clerk OFFICE OF THE MAYOR • CITY OF BALTI.MORE 2so cit xdll Baltimore. Maryland 21202 KURT L. SCHMOKE. Mayor izsz October 16, 1997 DearFe}kivw"Mayor: The Laymen's National Bible Association is sponsoring, for the 57"' consecutive year, the interfaith observance of National Bible Week from November 23 — November 30, 1997. I am pleased to serve as Chair of the Mayors Committee for this celebration, and I ask that you issue a proclamation calling for a Bible Week observance. A draft is enclosed for your use. Please adapt this in whatever way you wish. You may send a copy of your proclamation to the Chair of National Bible Weep Mr. S. Truett Cathy, Laymen's National Bible Association, 1865 Broadway, 12 Floor, New York, New York 10023. Your proclamation must Teach New York by November 14, to be displayed at the Bible Week Interfaith Inaugural luncheon that will be held at the Hilton Hotel in New York City on November 21, 1997. The sponsors for National Bible Week are providing the media with materials for a public service advertising campaign designed to remind all Americans of the importance of the bible. Also, nonsectarian biblical materials are being provided for free distribution in local observances throughout the nation. I appreciate your support in this effort. .Sincerely, .. . Mayor KLS:1s • •l:!••M C kCA S CITY OF FIKSTS•:n!! Printed on recycled paper wish environmentally friendly soy based ink. 7 y- its adoption: Member introduced the following resolution g re sol tion and moved RESOLUTION NO. RESOLUTION AUTHORIZING ADDENDUM TO EMPLOYMENT CONTRACT WITH CITY MANAGER WHEREAS, the City Council has reviewed the City Manager's employment contract; and WHEREAS, the City Council has conducted a performance review of the City Manager; and WHEREAS, the terms and conditions set forth in the proposed Addendum attached hereto and incorporated herein by reference as EXHIBIT A are reasonable and proper; and WHEREAS, the City Council wishes to continue the City Manager's progression within the salary range for the position of City Manager. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor be and hereby is authorized to execute the attached • Addendum to the employment contract with the City Manager. 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 ADDENDUM TO CITY MANAGER EMPLOYMENT AGREEMENT • This Addendum is made and entered into by and between the City of Brooklyn Center, a Minnesota municipal corporation (hereinafter referred to as the "City ") and Michael J. McCauley (hereinafter referred to as the "Manager ") as of the day of , 1997. WHEREAS, the City and Manager have entered into an employment agreement dated November 27, 1995 (hereinafter referred to as the "Employment Agreement "); and WHEREAS, the parties wish to amend the Employment Agreement as hereinafter set forth; NOW, THEREFORE, in consideration of the mutual covenants set forth in the Employment Agreement and herein, City and Manager agree that the Employment Agreement is amended as follows: 1. Section 8, paragraph A) of the Employment Agreement is amended by adding the following sentence: Effective January 1, 1998, the Manager's annual salary shall be Eighty Five Thousand Dollars ($85.000) per year." 2. Section 8, paragraph C) of the Employment Agreement is amended by adding the following sentence: "Effective January 1. 1998, such monthly car ow all ance shall be increased to $300 per month." Except as explicitly modified in this Addendum, the Employment Agreement shall continue to be in full force and effect. v CITY OF BROOKLYN CENTER, MINNESOTA EMPLOYEE By Myrna Kragness, i layor Michael J. McCauley By Sharon Knutson. Clerk -- -- City Brook 7 � y f n Center y A great place to start. A great place to stay. r MEMORANDUM TO: Michael J. McCauley, City Man ger FROM: Sharon Knutson, City Clerk DATE: November 6, 1997 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 and submitted appropriate applications and paid proper fees. Licenses to be approved by the City Council on November 10, 1997: CHRISTMAS TREE SALES LOTS Malmbor1 Inc. 5120 North Lilac Drive MECHANICAL CONTRACTORS Total Air, Inc. 1923 West Burnsville Parkway, Burnsville RENTAL DWELLINGS Patti R. Zoerb 5900 Camden Avenue North SIGN HANGER Equity Construction Co. 561 3rd Street, Excelsior TAXICAB Northstar Taxi, Inc. 809 Berry Street, St. Paul • 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 A great place to start. A great place to stay. • To: Mayor Kragness and Council Members Carmody, Hilstrom, Lasman and Peppe From: Michael I McCauley City Manager ' Date: November 7th Re: Right of Way Ordinance Attached please find a copy of a letter from Minnegasco regarding the right of way ordinance. Ms. Spector has spoken with Minnegasco and feels that the issues can be resolved with Minnegasco. We have also received general objections from NSP that relate toward deferring adoption of an ordinance until after the Public Utilities Commission adopts rules next year. We still feel that we should proceed with an ordinance to protect our rights of way. We will request that the matter be tabled until the first meeting in December to work out the issues with the utilities, but keep us on course for adoption of an ordinance. i 6301 Shingle Creek Pkwy, Brooklyn Center, rl1N 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 Minnegasco A N01 AM ENERGY COMPANY November 6, 1997 Honorable Mayor Myrna Kragness City of Brooklyn Center 3401 - 63rd Avenue North Brooklyn Center, MN 55430 Dear Mayor Kragness, I'm sending this letter to you and City Manager Michael McCauley, at the suggestion of Diane Spector, Director of Public Services. The purpose of the letter is to respectfully request that the "ordinance relating to regulation of public right -of -way" that is currently scheduled for discussion and possible enactment, be temporarily tabled, and not acted upon this coming Monday, November 10, 1997. This request follows a very productive meeting held yesterday, November 5, 1997, between Minnegasco, Diane Spector and Scott i g Brink. In the meeting Diane and Scott outlined the city's P g ty ' s need to effectively manage the public right -of -way, and the sense of urgency created by the increased activity in the deregulating telecommunications industry. We can fully appreciate these concerns, and are looking forward to working with the city to ensure Minnegasco is seen as a cooperative partner and valuable resource through -out the process. Minnegasco has a long standing history of working closely and cooperatively with the City of Brooklyn Center, to provide natural gas service to its residents and businesses. As part of this cooperative relationship, we have an existing Franchise Agreement with the City that extends through the year 2003. In essence, the franchise agreement outlines the understanding between Minnegasco and the City, and covers, among other things, Minnegasco's responsibility to apply for permits when excavating, the need to repair the right -of -way to as good or better condition after construction, and methods of recourse and protection available to the city, should we not preform to your expectations (we trust this is a rare occurrence, if ever). Given this, our request to have the proposed ordinance tabled is based on the need for more time to work with city staff to craft language that will address the needs of both Brooklyn Center and Minnegasco. In addition, we are faced with the unique and unusual situation of having myself and the other people at Minnegasco that are most familiar with right -of -way issues, out of town and not available on Monday. It's my understanding (based on yesterday's meeting) that both Diane and Scott agree that tabling the issue will not create unacceptable delays or consequences for the city. Thank you for your consideration of our request. Sincerely, Albert Swintek Local Government Relations • 32I -4799 PC Michael McCauley, Diane Spector, Scott Brink 800 LaSalle Avenue P.Q. Box 59038 Minneapolis, MN 55459 -0038 MEMORANDUM DATE: November 6, 1997 TO: Michael J. McCauley, City Manager L FROM: Diane Spector, Director of Public Services SUBJECT: An Ordinance Relating to Regulation of Public Right -of -Way; Adding New Sections 25 -1000 through 25 -1032 to the Brooklyn Center Code of Ordinances This proposed ordinance is based on the model right -of -way ordinance that was jointly developed by the City Engineers Association of Minnesota (CEAM) and the League of Minnesota Cities. The purpose of the ordinance is to protect the public's investment in public infrastructure in the right of way, and to reasonably regulate this resource which is held in trust for the public good. You may recall that the Council authorized a financial contribution to assist in the development of the model ordinance to clarify cities' authority to regulate the right of way and its use by private utilities such as telecommunications providers. City Attorney Charlie LeFevere, City Engineer Scott Brink, and I have amended the model slightly to accommodate local concerns, but it is reasonably similar to those ordinances being considered for enactment by other Metro area cities. It should be noted that while the League /City Engineers group has prepared its model ordinance, a task force established by the Public Utilities Commission to review the League model is currently deliberating some of its provisions, and may recommend modifications. Finally, the PUC will rule in Spring, 1998 regarding the applicability of several of these provisions to telecommunications providers. It is likely that this ordinance will have to be amended in the future, both as a result of those deliberations, and as technology advances. We have received comments from Minnegasco and from NSP regarding the proposed ordinance. Minnegasco made comments that were primarily technical in nature, and requested that a provision be added, similar to Edina's ordinance, which states " If there is a conflict in language between the franchise of a person holding a franchise agreement with the city and this Section, the terms of the franchise shall prevaiI." Most of Minnegasco's technical comments are addressed either by adding the franchise language suggested, or through the "Director's discretion" flexibility included in many of the sections. An example would be the removal of abandoned equipment. Minnegasco is concerned that the ordinance would require them to incur substantial costs to remove all abandoned equipment immediately. However, Section 25 -1028 Subd. 3 allows the Director to waive the requirement that abandoned equipment be immediately removed. In practice, the City and the utility would review the abandoned equipment and determine the most practicable means of its disposition. It could be removed immediately, or at the time the street is improved, or considered to be best left in place. NSP has expressed more substantive concerns about the model ordinance in general. The company is concerned about many of the general provisions, such as mapping requirements, submittal of one and five year project plans, and some of the categories of fees which are proposed. Again, many of these concerns would be obviated by the addition of the franchise language. • We have not received any comments from US West, cable TV, or any other person or entity. In general, the ordinance would: ► Require that entities desiring to obstruct, excavate, or have equipment in the right of way must annually register with the City. ► Require that all registrants annually submit a one year plan and a five year plan for construction and major maintenance. ► Establish a permit system that provides for two types of permits: an excavation permit, and an obstruction permit. The City may establish fees for these permits, as well as a "disruptive fee" to be imposed in the case of unreasonable delays in excavation, obstruction, repair, or restoration. ► Provide the City with the authority to establish restoration standards and penalties should the restoration work not be performed to those standards. ► Require that entities with equipment in the right of way provide the City with mapping data showing the location of its equipment within the public right of way. ► Allow the City to establish specific locations or "corridors" for each type of equipment. ► Allow some flexibility and discretion in its application so it is not unduly burdensome to residents, small businesses, etc. This ordinance is presented tonight for second reading and public reading. If the Council chooses to adopt the ordinance, staff will prepare a fee schedule, construction standards, etc. for future consideration by resolution. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of November, 1997, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 25 regarding the regulation of the use of public right of way. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO REGULATION OF PUBLIC RIGHT -OF -WAY; ADDING NEW SECTIONS 25 -1000 THROUGH 25 -1032 TO THE BROOKLYN CENTER CODE OF ORDINANCES. THE CITY COUNCIL OF THE-CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS: Section 1. Chapter 25 of the City Ordinances of the City of Brooklyn Center is amended by adding new sections 25 -1000 through 25 -1032 as follows: RIGHT OF WAY MANAGEMENT Section 25 -1000 Findings and Purpose To provide for the health safety and well -being of its citizens and to ensure the structural integrity of its streets and the appropriate use of the rights -of -way, the City strives to keep its rights -of -way in a state of good repair and free from unnecessary encumbrances Although the general population bears the financial burden for the upkeep of the rights -of -way a primary cause for the early and excessive deterioration of its rights -of -way is frequent excavation Right -of -way obstruction is a source of frustration for merchants business owners and the general population which must avoid these obstructions or change travel or shopping._ plans because of them and has a detrimental effect on commerce Persons whose equipment is within the right -of -way are the primary cause of these frequent obstruction The City holds the rights -of -way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the rights -of -way. It also recognizes that some persons by Placing their 1 Ordinance No. equipment -in the right -of -way and charging the citizens of the City -for goods and services delivered thereby are using this prQpertv held for the public good Although such cervices are often necessary or convenient for the citizens such persons receive revenue and /or profit through their use of public prgpertv In response to the foregoing facts the City has enacted this Right -of -Way Management Ordinance relating to right-of-way permits and administration This Ordinance imposes reasonable _regulations on the placement and maintenance of equipment currently within its rights -of -way or to be placed therein at some future time It is intended to complement the regulatory roles of state and federal agencies Under this ordinance persons disturbing and obstructing the rights -of -way will bear a fair share of the financial responsibility for their integrity_ Finally this Ordinance provides for recovery_ of out -of- pocket and projected costs from persons using the public rights -of -wad Section 25 -1001 Definition The following definitions apply to the Right -of -Way Management Ordinance of this Code Defined terms remain defined terms whether or not capitalized (a) "Applicant" means any person reouesting permission to excavate or obstruct a right -of -way. (b) "City" means the City of Brooklyn Center Minnesota For 12=oses of Section 25 -1026 cd includes its elected officials officer employees and agents (c) "City Cost" means the actual cost incurred by the Cijy for public rights-of-way management• including but not limited to costs associated with registering applicants• issuing. nd verifying right -of -way_ permit applications: inspecting job sites and restoration projects: maintainin g. supporting rotecting or moving user equipment during public right -of -way work• providing traffic control due to applicant's neglect or inadequaperformance: determining the adequacy of right -of -way restoration: restoring work inadequately performed: and revoking right -of -way - permits and performing all other tasks required by this Right of Way Mana eg ment Ordinance including other costs the city may incur in managing the provisions of this Right of Way Management Ordinance. (d) "Department" means the Department of Public Works of the City_ (e) "Department Inspector" means any person authorized by the Director to carry out inspections related to the provisions of this Right of Way Management Ordinance (f) "Director" means the Cijy Manager or her or his designee • 2 Ordinance No. (g) "Disruptive Fee" is the l2enally imposed as a result of the adverse impact on City citizens and others who are required to alter travel routes and times resulting from right -of -way obstructions (h) "Emergency" means a condition that (1) poses a clear and immediate danger to life or health or of a significant loss of 12rol2eM: or (2 ) requires immediate repair or replacement in order to restore service to a customer. i u' - S L� "Equipment" means any tangibl4 thing m any right-of-way: but shall not include boulevard plantings or gardens planted or maintained in the right -of -way between a person's property and the street curb. (j ) "Excavate" means to dig into or in any way remove or physically disturb or penetrate any_part o a right-of-way. ex e t horticultural ene i e b ul boulevard area depth f _ c p ho 1 of A penetrating the o e rd a to a d o less than 12 inches. W "Excavation Permit" means the permit which must be obtained before a person may excavate in a right-of-way. An excavation permit allows the holder to excavate that part of the right of way described in such permit (1) "Excavation Permit Fee" means money _paid to the City by an applicant to cover the costs as provided in Section 25- 1009. (m) "In." when used in conjunction with "right-of-way. means over above in within on or under a right -of -way. (n) "Local Representative" means a local person or persons. or designee of such person or persons authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the sc2pe of this Right -of -Way Management Ordinance (0) "Obstruct" means to place any object in a right- of -wgy so as to hinder free and open 1asa= over that or any part of the right -of -way (p) "Obstruction Permit" means the permit which must be obtained before a person may obstruct a right -of -way allowing the holder to hinder free and open passage over the specified portion of that right -of -way by placing equipment described therein on the right -of -way for the duration specified therein. (q) "Obstruction Permit Fee" means money l2aid to the Citv by a registrant to cover the costs as provided in Section 25 -1009. • 3 Ordinance No. O "Permittee" means any person to who a pgrmit to excavate or obstruct a right -of -way has been granted by the Ci under this Right of Way Management Ordinance (s) "Person" means any natural or corporate person business association or other business entity including but not limited to a partnership a sole proprietorship a political subdivision a public or private agency of any kind a utility, a successor or assign of any of the foregoing or any other legal entity which has or seeks to have equipment in any ri t- of -way (t) "Registrant" means any person who (1) has or seeks to have its equipment located in any right-of-way. or (2) in any occupies or uses or seeks to occupy or use the right -of -way or �n�ye_quipment in the right -of -way, (u) "Repair" means the temporary construction work necessar to o make the right -of -way useable for travel. (v) "Restoration Bond" means a performance bond a letter of credit or cash deposit posted to ensure the availability of sufficient funds to assure that right -of -way excavation and obstruction work is completed in both a timely and quality manner (w) "Restore or Restoration" means the process by which an excavated right -of -way and surrounding; area including_ pavement and foundation is resumed to the same condition that existed before the commencement of the work (x) "Restoration Cost" means an amount of money paid to the Cijy by a permittee to cover the cost of restoration. (v) "Right- of -Wav" means the surface and space above and below a right-of-way public roadway highway street cartway bicycle lane and public sidewalk purposes in which the C4 has interest including other dedicated rights -of -way for travel purposes and utility easements of the (z) "Right -of -Way Management Ordinance" means Sections 25 -1000 through 25 -1032 of this Code. (aa) "Right -of -Way Permit" means either the excavation permit or the obstruction permit or both. depending on the context required by this Right-of-Wa Management Ordinance (bb)_ "Service" or "Utility Service" includes but is not limited to (1) those services provided by a public utility as defined in Minn Stat § 216B.02, subds 4 and 6: (2) telecommunications 12il2eline community antenna television fire and alarm communications. water, electricity, light • 4 Ordinance No. heat. cooling energy. or power services: (3) the services provided by a corporation organized for the purposes set forth in Min Stat $ 300,03* (4) the services provided by a district heating or cooling system and (5) cable co muni ations systems as defined in Minn Stat Chap 238 (cc) S=Iementary_Application" means an application made to excavate or obstruct more of the right-of-way than allowed in or to extend a permit that has already been issued add) "Telecommunication Rights -of -Way User" means a person owning or controlling a facility in the public right -of -way or seeking to own or control a facility in the public right-of-way. that is used or is intended to be used for transporting telecommunication or other voice or data information For purposes of this Right -of -Way Management Ordinance a cable communication system defined and regulated under Minn Stat Chap 238 and telecommunication activities dated to providing natural gas or electric energy services are not telecommunications right -of -way users. (ee) "Unusable Equipment" means equipment in the right -of -way which has remained unused for one year and for which the registrant is unable to provide proof that it has either a Flan to begin using it within the next twelve ( 12) months or a potential purchaser or user of the equipment Section 25 -1002. Administration The Cijy Manager is the principal City official responsible for the administration of the rights-of-way. right -of -way permits and the ordinances related thereto The Manager may delegate any or all of the duties hereunder. Section 25 -1003 Registration and Right -of -Way Occupancy_ Subd. 1. Registration Each person who occupies uses or seeks to occupy or use the right-of- way or any eq ipment in the right -of -way, including by lease sublease or assignment or who has or seeks to have. equipment in any right -of -way must register with the Director. Registration will consist of providing application information and paving a registration fee Subd. 2. Registration Prior to Work No person may construct install repair, remove relocate or perform any other work on or use any equipment or any _Fart thereof in any right- of -waX without first bein registered with the Director. Subd 3 Exceptions Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting ,persons to plant or maintain boulevard plantings or gardens in the area of the right -of -way between their property and the street curb Persons planting or maintaining boulevard plantings or gardens or installing or operating irrigation systems shall not be deemed • 5 Ordinance No. to use or occupy the right -of -way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining Such boulevard plantings or gardens under this Right -of -Way Management Ordinance However excavations deeper than 12 inches are subject to the permit requirements of section 25 -1006 Registration shall not be required for private driveways or walkways sewer and water connections serving individual properties or equipment fcfaa private landowner which is within the right -of -way and between that owner's property and the street curb: however such activities are not exempt from permitting_ requirements of section 25 -1006• Section 25 -1004 Registration Information Subd 1 Information Required The information ,provided to the Director at the time of registration shall include but not be limited to: (a) Each registrant's name Gopher One -Call registration certificate number address and e-mail address if applicable and telephone and facsimile numbers (b) The name, address and a -mail address if applicable and telephone and facsimile numbers of a local representative The local representative or designee shall be available at all times Current • information resarding how to contact the local representative in an emergency shall be provided at the time of registration. (c) Such other information as the City may require including but not limited to proof of adequate public liability insurance Subd. 2. Notice of Changes The registrant shall keep all of the information listed above current at all times by providing to the Director information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change Section 25 -1005 Reporting, Obligations Subd. 1. Operations Each registrant shall at the time of registration and by December 1 of each year. file a construction and major maintenance plan with the Director. Such plan shall be submitted using a format designated by the Director and shall contain the information determined by the Director to be necessary to facilitate the coordination and reduction in the freq of excavations and obstructions of rights -of -way. Reporting shall not be required for 1rojects which are to be undertaken only in conjunction with city pro ects. The plan shall include, but not be limited to the following information: • 6 Ordinance No. (a) The locations and the estimated beginning and ending dates of all Projects to be commenced during the next calendar vear (in this section a "Next yea ject "1 and (b) The tentative locations an estimated beg' ni g and ending dates for all Projects contemplated or the five years fol wi e section. a "Five " The term "project" in this section shall include both Next year Projects and Five-year Projects By January 1 of each year the Director will have available for in pection in the Director' office a composite list of all Projects of which the Director has been informed in the annual glans All registrants are responsible for keeping t__h_emselves_ informed of the current status of thi list, Thereafter.- by February 1 each registrant may change any Project in its list of Next -year ear Projec s. and must notify the Director and all other registrants of all such chanizes in said list Notwithstanding; the fore n a registrant may at any time join in a Next ,year Project of another registrant listed by the other re_ i trant. Subd._ 2. Additional Next -year Projects Notwithstanding the foregoing. the Director may. for Qood cause shown, all w a re istrant to su - * ad - ' nal Next-year - s o o g b o t year Projects. Good cause includes, but is not limited to the criteria set forth in Section 25-1014 concerning the • discretionary issuance of permits Section 25 -1006 Permit Requirement Subd. 1 Permit Required Except as otherwise provided in this Code no person may obstruct or excavate any right -of -way without first having obtained the appropriate right-of-way permit from the Director to do so (a) Excavation permit An excavation permit is required by a registrant to excavate that part of the rigyht- of-wav described in such permit and to hinder free and open passage over the specified portion of the right- of- waybyplacing equipment described therein. herein to the extent and for the duration specified therein (b) Obstruction permit An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right -of -way to the extent and for the duration specified therein Subd. 2. Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person i) makes a supplementary application for another right -of-way permit before the expiration of the initial permit and (ii) a new permit or permit extension is ranted • 7 Ordinance No. • u iv e perm extension i yr rated the Director shall establish and impose a disruptive fee as a civil p—enally for unreasonable delays in right -of -way excavation obstruction, repair or restoration Subd. 4. Permit Display, Permits issued under this Chapter shall be conspicuously displayed at all times at the indicated work site and shall be available for inspection by the Director Section 25 -1007. Permit Applications Application for a permit is made to the Director Right -of -wad pelt applications shall contain and will be considered complete only upon compliance with the requirements of the following provisions: (a) Registration with the Director pursuant to this Chapter• (b) Submission of a completed permit application form including all ll required attachments and scaled drawings showing the specific location and area of the proposed project and the detailed location of all exi ting and proposed equipment: • (c) Pavment of all money due to the City for (1) permit fees and costs. (2) prior obstructions or excavations (3) any loss. damage, or expense suffered by the City because of applicant's prior excavations or obstructions of the rights -of -way or any emergency actions taken by the City: (4) franchise fees if applicable (d) When an excavation permit is requested for purposes of installing additional equipment, and the posting of a restoration bond for the additional equipment is insufficient the op sting_of an additional or larger restoration bond for the additional equipment may be required Section 25 -1008 Issuance of permit. Subd. 1 Permit Issuance If the Director determines that the applicant has satisfied the requirements of this hapter the Director may issue a permit 8 Ordinance No. • Subd. 2. Conditions_ The Director may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the public health safet and welfare to ensure he s=ctural integrity of the right-of-way. to protect the property and safely of other users of the right-of-way. and to minimize the disruption and inconvenience to the traveling public. Section 254009 Permit Fees Subd 1 Excavation Permit Fee The Excavation Permit Fee shall be established by the Director in an amount sufficient to recover the City costs Subd. 2. Obstruction Permit Fee The Obstruction Pe it Fee shall be established by the director and shall be in an amount sufficient to recover the City cost Subd. 3. Payment of Permit Fees No excavation permit or obstruction permit shall be issued without payment of such fees before the issuance of such a permit Subd. 4. Non refundable Permit fees that were paid for a permit that the Director has revoked for a breach as stated in Section 25 -1019 are not refundable • Subd. 5. Use of Permit Fees. All obstruction and excavation a it fees shall be used solely for city management. construction maintenance and repair costs of the right- of -way. Section 25 -1010 Right-of-Way Repair and Restoration Subd. 1. Timing The work to be done under the excavation permit and the repair and restoration of the right-of-way as required herein must be completed within the dates specified in the permit. increased by as many days as work could not be done as determined by the Director because of extraordin tances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under Section 25 -1003 In addition to repairing its own work the permittee must restore the general area of the work and the surrounding areas including the paving and its foundations to the same condition that existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for twelve (12) months following acceptance by the city. Subd. 2. Repair and Restoration Permittee shall repair its own work In addition in its application for an excavation permit the permittee may choose either to have the City restore the right- of-wav or to restore the right -of -way itself. • 9 Ordinance No. • (a) City Restoration If the permittee chooses to have the City restore the right-of-way, it shall pay the costs thereof within thiM (30) days of billing. If during the twelve (12) months ollowing such restoration the pavement settles due to permittee's improper backfilline. the permittee sha11 lay to the City within thirty (30) days of billing the cost of repairing said pavement The Manag er may require the permittee to provide a 12U=nt bond or prepay the estimated costs of such restoration the unused portion of which shall be returned to the permittee (b) Permittee Restoration If the permittee chooses to restore the right of way itself, it shall at the time of application for an excavation permit post a restoration bond in an amount determined by the Director to be sufficient to cover the cot of restoring the right -of -wax to its pre excavation condition If twelve (12) months after completion of the restoration of the right of way. the Director determines that the right-of-way has been properly restored the surety on the restoration bond shall be released Subd. 3. Standards The permitted shall perform repairs and restoration according to the standards and with the materials specified by the Director. The Director shall have the authority to prescribe the manner and extent of the restoration and may do so in written procedures of Qeneral application or on a ca a by case basis The Director in exercising this authority shall be Quided by the following standards and considerations • a he number, size de th and duration of the excavations, disru ti ns or damage tot the right-of-way; Lb) The traffic volume carried by the right -of -way: the character of the neighborhood surrounding the right-of-way: (c) The pre- excavation condition of the right-of-way: the remaining life expectancy of the right -of -way affected by the excavation: (d) Whether the relative cost of the method of restoration to the perminee is in reasonable balance with the prevention of an accelerated depreciation of the right -of -way that would otherwise result from the excavation disturbance or damage to the right -of -way' and (e) The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right -of -way that would otherwise take place Subd 4 Guarantees By choosing to restore the right-of-way itself the permittee guarantees its work and shall maintain it for twelve (12) months following its completion During this 12 -month period it shall upon notification from the Director correct all restoration work to the extent necessary using the method required by the Director. Said work shall be completed within five (5) calendar days of the receipt of the notice from the Director, not including days during • 10 Ordinance No. which work ca not be crone because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under Section 25 -1013, Subd, 5. Failure to Restore If the Permittee fails to restore the right-of-way in the manner and to the condition required by the Director or fails to satisfactorily and timely complete all restoration rea by the Director. the Director at its option may do such work In that event the permittee shall pay to the Citv within thirty (30) days of billing. the cost of restoring_ the right-of-may, If permittee fails to pay as required the city may exercise its rights under the restoration bond. Section. 25 -1011. Joint Applications. Subd. 1. Joint Application Registrants may - jointly may apply for permits to excavate or obstruct the right -of -way at the same place and time Subd. 2. With CiIj Projects Registrants who join in a scheduled obstruction or excavation performed by the Director whether or not it is a joint application by two or more registrants or a single application. are not required to pay the obstruction portion of the permit fee for that part of the work which falls within the city project construction limits The obstruction portion of the fee will be reauired for work which occurs outside of the city project construction limits and for work within such construction limits which is not comp by the city project completion date Subd. 3. Shared Fees Registrants who apply for permits for the same obstruction or excavation which the Director does not perform may share in the payment of the obstruction or excavation permit fee Registrants must agree among themselves as to the portion each will pay and indicate the same on their applications Section 25 -1012. Supplementary Applications Subd 1 Limitation on Area A right-of-way permit is valid only for the area of the right of way specified in the permit No permittee may do any work outside the area specified in the permit except as provided herein Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension Subd. 2. Limitation on Dates A right -of -way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date If a permittee does not finish the work by the permit end date. it must apply for a new permit for the additional time it needs and receive the new • 11 Ordinance No. • permit or an extension of the old hermit before working . after the end date of the Previous Hermit This supplementary application must be done before the hermit end date Section 25 -1013, Other Obligations Subd. 1. Compliance With Other Laws, Obtaining a right -of -way permit does not relieve permittee of its duty to obtain all other necessary permits licenses and authority and to pay all fees required by anv other City. County State or Federal rules laws or regulations A permittee shall comply with all requirements of local state and federal laws. including Minn Stat §.§ 216D.01--p-9 ( "One Call Excavation Notice y is em „ )A permittee shall perform all work in conformance with all applicable codes and established rules and regulations and is responsible for all work done in the right -of -way pursuant to its permit regardless of who does the work Subd. 2. Prohibited Work Except in an emergency and with the approval of the Director, no right -of -way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work Subd 3 Interference with Right-of-Way. A permitted shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles may not be parked within or next to a permit area unless, authorized by the Director. The loading or unloading of trucks next to a permit area is prohibited unless specifically authorized by the permit Section 25 -1014 Denial of Permit Subd. 1. Mandatory Denial. Except in an emergency, no right-of-way permit will be granted: (a) To any-person required by Section 25 -1003 to be registered who has not done so (b) To anv person required by Section 25 -1005 to file an annual report but has failed to do so• (c) For anv Next -year Project not listed in the construction and major maintenance plan required under Section 25 -1005• (d) For any project which requires the excavation of any portion of a right -of- -way which was constructed or reconstructed within the preceding five years: (e) To any person who has failed within the vast three (3) years to comply, or is presently in full compliance. with the requirements of this Right-of-Way Management Ordinance: • 12 Ordinance No. • (f) To any p erson a to whom there exi gro unds for the revocation of a permit under Section 25 -1019: or t2� If. in the discret of the Director the issuance of a permit for the particular date and /or time would cause a conflict or interfere with an exhibition celebration festival or any other event The Director, in exercising this discretion shall be guided by the safety and convenience of ordinary travel of the public over the right -of -way, and by considerations relating to the public health, safety and welfare. Subd. 2. Permissive Denial. The Director may deny a permit to protect the public health safety and welfare to prevent interference with the safety and convenience of ordinary travel over the right -of -way, or when necessary to protect the right-of-way and its users The Director in her or his dis cretion. may consider one of more of the following factors• (a) the extent to which right -of -way space where the permit is sought is available: (b) the competing demands for the particular space in the right -of -way_ (c) the availability of other locations in the right -of -way or in other rights -of -way for the equipment of the permit applicant: the apl2licabiliiy of ordinance or other regulations of the right-of-way that affect location of equipment in the right -of -way (e ) the degree of compliance of the applicant with the terms and conditions of its franchise this Right -of -Way Management Ordinance and other applicable ordinances and regulations: (f) the degree of disruption to surrounding_ communities and businesses that will result from the use of that part of the right -of -way_ (g) the condition and age of the right -of -way, and whether and when it is scheduled for total or partial reconstruction: and (h) the balancing of the costs of disruption to the public and damage to the right- of -way_against the benefits to that part of the public served by the expansion into additional parts of the right -of -wad Subd. 3. Discretionary Issuance. Notwithstanding the provisions of Section 25 -1014 subd 1 (6--and (d). the Director may issue a permit in any case where the permit is necessary (a) to prevent substantial economic hardship to a customer of the permit applicant, or (b) to allow such 13 Ordinance No. • cu to materially improve its utility service or (c) to allow a new economic development prQ,ject. or otherwise required by law* and where the permit applicant did not have knowledge of the hardship—the plans for improvement of service or the development project when said applicant was reauired to submit its lit of Next -gear Projects Subd 4 Permits for Additional Next year Projects Notwithstanding the provisions of Section 25 -1014 subd 1 (c) above the Director may issue a permit to a registrant who was allowed under Section 25 -1005_ subd 2 to submit an additional Next -Year Project such permit to be subject to all other conditions and requirements of law, including such conditions as may be unposed under Section 25 -1008 Section 25 -1015 Installation Requirements The excavation backfilling repair and restoration and all other work performed in the right-of way shall be done in conformance with "The Standard Specifications for Street Openings" as promulgated by the Director and at a location as required by Section 25-1021 Section 25 -1016. Inspection Subd. 1. Notice of Com l�etion The permittee shall notify the Director upon the completion of the'work under anypermit and at as stage of the work of the project specified in the permit or standard specifications of the city_ Subd 2 Site Inspection Permittee shall make the work -site available to the Director and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work Subd 3. Authority of Director. At the time of inspection the Director may order the immediate cessation of any work which poses a serious threat to the life health safety or well -being of the public. The Director may issue an order to the registrant for any work which does not conform to the applicable standards conditions or codes The order shall state that failure to correct the violation will be cause for revocation of the permit Within ten (10) days after issuance of the rder the registrant shall present proof to the Director that the violation has been corrected If such proof has not been presented within the required time the Director may revoke the permit pursuant to Section 25 -1019 Section 25 -1017. Work Done Without a Permit Subd. 1. Emergency Situations Each registrant shall immediately notify the Director of any event regarding its equipment which it considers to be an emergency. The registrant may proceed • 14 Ordinance No. to take whatever actions are necessary to respond to the emergency, Within two business days after the occurrence of the emergglry the registrant shall apply for the necessary permits pay the foes associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Right -of -Way Management Ordinance for the actions it took in response o the emergency. If the Director becomes aware of an emergency regarding a registrant's equipment the Director may attempt to contact the local representative of each registrant affected or potentially affected by the emergency In any event the Director may take whatever action it deems necessary to respond to the emerg ncy. the cost of which shall be borne by the registrant whose equipment occasioned the emergency. Subd 2 Non - Emergency Situations Except in an emergency any person who without first having obtained the neces5ry permit obstructs or excavates a right -of -way must subsequenU obtain a permit, pay double the normal fee for said permit pay double all the other fees required by this Code of Ordinances deposit with the Director the fees necessary to correct any damage to the right -of -way and co=l with all of the requirements of this Right -of -Way Management Ordinance. Section 25 -1018 Supplementary Notification If the obstruction or excavation of the right -of -way begins later or ends sooner than the date ig ven on the permit, permittee shall notify the Director of the accurate information as soon as this information is known. Section 25 -1019. Revocation of Permits. Subd. 1. Substantial Breach Registrants hold permits issued ,pursuant to this Right of Way Management Ordinance as a privilege and not as a right The City reserves its right as provided herein to revoke aLiy right-of-way permit. without a fee refund if there is a substantial breach of the terms and conditions of any statute ordinance rule or regulation or any condition of the permit. A substantial breach by permittee shall include but shall not be limited to the following• (a) The violation of any material provision of the right -of -wU permit: (b) An evasion or attempt to evade any material provision of the right -of -way permit or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens- (c) Any material misrepresentation of fact in the application for a right -of -way permit: • 15 Ordinance No. • (d) The failure to maintain the required bonds and /or insurances (e) The failure to complete the work in a timely manner: or (D The failure to correct a condition indicated on an order issued pursuant to Section 25-1016. Subd 2 Written Notice of Breach If the Director determines that the permittee has committed a substantial breach of a term or condition of any statute ordinance rule regulation or any condition of the permit the Director shall make a written demand upon the permittee to remedy such violation The demand shall state that continued violations may be cause for revocation of the permit. Further. a substantial breach as stated above will allow the Director, at his or her discretion to place additional or revised conditions on the permit Subd 3 Response to Notice of Breach With' twenty -four (24) hours of receiving notification of the breach ermi e shall contact the Director with a plan acceptable to the Director for its correction Permittee's failure to so contact the Director or the permittee's failure to submit an acceptable plan or permittee's failure to reasonably implement the approved plan shall be cause for immediate revocation of the permit Subd 4. Reimbursement of Ciiy Costs If a permit is revoked the permittee shall also reimburse the city for the city's reasonable costs including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation Section 25 -1020. Mapping Data Subd. 1. Information Required Except as provided in subd 2 of this section each registrant shall provide to the Director information indicating the horizontal and vertical location relative to the boundaries of the right -of -way, of all equipment which it owns or over which it has control and which is located in any right-of-way ("Mapping Data ") Mapping Data shall be provided with the specificity and in the format requested by the Director for inclusion in the mapping s, sy tem used by the Director. Within six (6) months after the acquisition installation or construction of additional equipment or any_relocation. abandonment or disuse of existing equipment each registrant shall supplement the Mapping Data required herein Each registrant shall within six (6) months after the date of passage of this Right -of -Way Management Ordinance submit a plan to the Director specifying in detail the stel2s it will take to comply with the requirements of this Section Said plan shall provide for the submission of all • 16 Ordinance No. • Mapping Data for the Citv as early as may be reasonable and practical but not later than five (5) years after the date of passage of this Right -of -Way Management Ordinance Notwithstanding the foregoing Mapping Data shall be submitted by all registrants for all u3pment which is to be installed or constructed after the date of passage of this Right-of-Way Management Ordinance at the time any permits are sought under these ordinances After six (6) months after the passage of this Right -of -Way Management Ordinance a new registrant or a registrant which has not submitted a elan as required above shall submit complete and accurate Mapping Data for all its equipment at the time any permits are sought under these ordinances. ud.2 Telecommunication S b quipment. Information on existing facilities and equipment of telecommunications right -of -way users need only be supplied in the form maintained by the telecommunications right -of -way user. Subd. 3. Trade Secret Information At the request of any registrant any information requested by the Director, which qualifies as a "trade- secret" under Minn Stat - 13.37(b) shall be treated as trade secret information as detailed therein With respect to the provision of mapping data the ® city may consider undue circumstances from time to time required to obtain mappin.'data Section 25 -1021 Location of Equipment Subd. 1. Under rounding. Unless otherwise permitted by an existing franchise or Minn Stat Sec. 216B.34. or unless existing above - }round equipment is repaired or replaced new construction and the installation of new equipment and replacement of old equipment shall be done underground or contained within buildings or other structures in conformity with applicable codes Subd. 2. Corridors. The Director may assign specific corridors within the right -of -way, or au particular Segment thereof as may be necessaEy, for each tyl2e of equipment tha is or, pursuant to current technology, the Director expects will someday be located within the right -of -way All excavation. obstruction. or other permits issued by the Director involving the installation or replacement of equipment shall designate the proper corridor for the equipment at issue Acv registrant whose equipment is in the right -of -way in a position at variance with the corridors established by the Director shall no later than at the time of the next reconstruction or excavation of the area where its equipment is located move that equipment to its assigned position within the ri t- of -way. unless this requirement is waived by the Director for good cause shown upon consideration of such factors as the remaining economic life of the facilities public safety, customer service needs and hardship to the registrant • 17 Ordinance No. • Subd 3 Nuisance One year after the passag ofd Right-of-Way Management Ordinance any equipment found in a right-of-way that has not been registered shall be deemed to be a nuisance unless registration of such equipment has been waived by the Director The City, may exercise air y remedies or rights it has at law or in equily including, but not limited to abating the nuisance or taking possession of the equipment and restoring the--right-of-way- to a useable condition Subd. 4 Limitation of Space To protect health and safety. the Director shall have the power to prohibit or limit the placement of new or additional equipment within the right-of-way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the right -of -way. In maldng such decisions the Director shall strive to the extent possible to accommodate all existing and potential users of the right -of -way but shall be guided primarily by considerations of the public interest the public's needs for the particular utility service the condition of the right -of -way the time of year with respect to essential utilities the protection of existing equipment in the right-of-way, and future City plans for public improvements and development projects which have been determined to be in the public interest Section 25 -1022 Relocation of Equipment A Registrant must promptly and at its own expense with due regard for seasonal working conditions. permanently remove and relocate i e i ment and facilities in the right-of-way • t s p y m n is u q_ p s e whenever the director requests such removal and relocation, and shall restore the right -of -way to the same condition it was . prior to said removal or relocation The director may make such request to prevent interference by the ompany's equipment or facilities with (i) a present or future City _use of the right-of-way, (ii) a public improvement undertaken by the Cily. (iii) an economic development project in which the City has an interest or investment (iv) when the public health. safety and welfare require it or (v) when necessary to prevent interference with the safety and convenience of ordinary travel over the right- of -way_ Notwithstanding the foregoing a person shall not be required to remove or relocate its equipment from any right -of -way which has been vacated in favor of a non - governmental entity unless and until the reasonable costs thereof are first paid to the person therefor. Section 25 -1023. Pre - Excavation EqUipment Location In addition to complying_ with the requirements of Minn Stat -H 216D.01-.09 ( "One Call Excavation Notice System ") before the start date of any right -of -way excavation each registrant who has equipment in the area to be excavated shall mark the horizontal and approximate vertical placement of all said equipment Any registrant whose equipment is less that twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its equipment and the best procedure for excavation 18 Ordinance No. • Section 25 -1024 Carnage to Other Equipment When the Director does work in the right-of-way and finds it necessary to maintain suPl2ort. or move a registrant's equipment to protect it the Director shall notify the local representative as early as is reasonably possible The gosts associated therewith will be billed to that registrant and must be paid within thirty (30) days from the date of billing_ Each registrant shall be responsible for the cost of repairing anYquinment in the right of way which it or its equipment damages Each registrant shall be responsible for the cost of repairing any damagg to the equipment of another registrant caused during the Ci1y's response to an emergency occasioned by that registrant's equipment Section 25 -1025 Right -of -Way Vacation Subd 1 Reservation of Right If the City vacates a right- of -way which contains the equipment of a registrant. and if the vacation does not require the relocation of registrant or permittee equipment. the City shall reserve to and for itself and all registrants having equipment in the vacated right -of -way, the right to install maintain and operate any equipment in the vacated right -of -way and to enter upon such right-of-way at any time for the purpose of reconstructing, inspecting. maintaining or repairing the same • Subd 2 Relocation of Equipment If the vacation requires the relocation of registrant or permittee equipment: and (a) if the vacation proceedings are initiated by the registrant or permittee the registrant or permittee must pay the relocation costs: or (b) if the vacation proceedings are initiated by the city, the registrant or permittee must lay the relocation costs unless otherwise agreed to by the city and the registrant or permittee: or (c) if the vacation proceedings are initiated by a person or persons other than the registrant or permittee such other person or persons must pay the relocation costs Section 25 -1026 Indemnification and Liability. Subd. 1. Limitation Liability. By reason of the acceptance of a registration or the grant of a right -of -way permit. the City does not assume any liability(a) for injuries to persons damage to lroperty, or loss of service claims by parties other than the registrant or the Ci1y, or (b) for claims or penalties of any sort resulting from the installation presence maintenance or operation of equipment by registrants or activities of registrants Subd. 2. IndernLnification. By registering with the Director, a registrant agrees or by accepting a permit under this Chapter, a permittee is required to defend indemnify, and hold the City whole and harmless from all costs liabilities and claims for damages of any kind arising out ut of • 19 Ordinance No. the construction presence installation. mainte ante repair or operation of its a guipment or out of any actwity unde ak n in or near a ri )f -way. whether or not any act or omission comp arced of is au hori allowed. or prohibited by a right-of-way permit It fu her agrees that it will not b cause to be brought any action suit or other proceeding a' ing damages, or seeking�ny other relief against the City for any claim nor for any award arising out of the presence installation maintenan a or operation of its equipment or g a t'A and rtqlcen m or near a rig t -o -wav whether or not the act or omission complained of is authorized allowed or prohibited by a rig -of way permit The foregoing does not indemnify the Cit y for its own nea z ence except f or claims ar; .sing out of or alleg�g the City s negligence where such neggence ar_out of or i primarily related to the presence. installation, con truction, operation.. maintenance or repair of said equipment by the registrant or on the registrant's behalf including but not limited to the i uance of permits and inspection-of plans or work This se ction is not as to third parties a waiver of any defense or immunity otherwise available to the registrant or to the City and the registrant in defendingayaction on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. Section 25 -1027 Future Uses. In placing any equipment or allowing it to be placed in the right of wa the Cily is not liable for any damag caused thereby to imw recrjel is equipment which is already in place No registrant is entitled to rely on the provisions of this Rig t -of- -Way Management Ordinance and no special duty is created as to any registrant This Right-of-Way Management Ordinance is enacted to protect the general health welfare and afe of the public at large Section 25 -1028 Abandoned and Unusable Eguipment Subd 1 Discontinue A registrant who has determined to discontinue . ts operations in the City must either: (a) Provide information satisfactory to the Director that the registrant's obligations for its eauroment in the right -of -wav under this Right -of Way Management Ordinance have been lawfully assumed by another registrant• or (b) Submit to the Director a proposal and instruments for transferring ownership of its equipment to the City. - If a registrant proceeds under this clause the City may, at its option (1) purchase the equipment• or (2) require the registrant at its own expense to remove it 20 Ordinance No. • (3) require the registrant to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the equipment Subd 2 Abandoned Equipment. Eanu'pment of a registrant who fails to co=ly with subd 1 and which for two (2) years remains unused shall be deemed to be abandoned Abandoned equipment is deemed to be a nuisance The Cit,.y may exercise any remedies or rights it has at law or in equity including but not limited to (1 abating the nuisance (ii) taking_ possession of the equipment and restoring it to a useable condition or (iii) requiring removal of the equipment by the registrant or the registrant's successor in interest Subd 3 Removal Any registrant who has unusable and abandoned equipment in any right -of -- way shall remove it from that right -of -way during_ the next scheduled excavation unless this requirement is waived by the Director. Section 25 -1029. Reservation of Regulatory and Police Powers The City by the granting of a right -of -way permit or by registering a person under this Right of Way Management Ordinance does not surrender or to any extent lose waive im aip r or lessen the lawful powers and rights which it has now or may be hereafter granted to the City under the Constitution and statutes of the State of Minnesota or the Charter of the City to regulate the use of the right -of -way by the permittee• and the permitted by its acceptance of a right-of- permit or of registration under this Right of Way Management Ordinance agrees that all lawful powers and rights regulatory power, or police power or otherwise as are or the same may be from time to time vested in or reserved to the City. shall be in full force and effect and subject to the exercise thereof by the City at any tune A permittee or registrant is deemed to acknowledge that its rights are subject to the regulatory and o� lice powers of the City to adopt and enforce eg neral ordinances necessary to the safety and welfare of the public and is deemed to agree to comply with all applicable general laws and ordinances enacted b, the he City pursuant to such powers Any conflict between the provisions of a registration or of a right -of -wax permit and any other present or future lawful exercise of the City's regulatory or police powers shall be resolved in favor of the latter. Section 25- 1030. Severability_ If any section subsection sentence clause phrase or portion of this Right-of-Way Mana ement Ordinance is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction such portion shall be deemed a separate distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. If a regulatory body or a court of competent jurisdiction should determine by a final non - appealable 21 Ordinance No. order that any permit right or registration issued under any portions of this Right of Why Management Ordinance is illegal or unenforceable then any such permit right or registration granted or deemed to exist hereunder shall be considered as a revocable permit with a mutual right in either RaW to -ttmainate without cause upon . . - six (60) days written notice to the other. The-requirements and condition a of such revocable permit shall be the same requirements and conditions as set forth in the permit right or registration respectively except for conditions relating to the term of the permit and the right of termination If a permit right or registration shall be considered a revocable permit as provided herein the permittee must acknowledge the authority of the City Council to issue such revocable permit and the power to revoke it Nothing in this Right -of -Way Management Ordinance precludes the city from requiring a franchise agreement with the applicant as allowed by law in addition to requirements set forth herein Section 25 -1031. Appeals. Decisions of the Director in the interpretation and enforcement of this Right -of -Way Management Ordinance may be appealed by applicant registrant or permittee to the city council by serving written notice of a request for an appeal on the City Manager. The City Manager shall thereupon schedule a public hearing on the appeal before the city council and give notice of the time place and date of such hearing to the appealing 12aLty no less than ten (10) days prior to the hearing Section 25 -1032. Waiver. The Director may waive any or all requirements of Sections 25 -1003 through 25 -1005. 25 -1006 throuizh 25 -1009 and 25 -1020 if compliance is not deemed to be reasonably necessary in the discretion of the Director, to serve the purposes of this Right- of- Way Ordinance The decision of the Director not to waive any such requirement is not subject to appeal to the city council. Waiver of provisions of Sections 25 -1003 through 25 -1005 and 25 -1020 may be rescinded by the Director at any time upon written notice to the person subject to the requirement Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. 22 Ordinance No. is Adopted this day of 1997. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) • 23 MEMORANDUM • DATE: September p 30, 1997 TO: Michael McCauley, City Manager FROM: Jim Glasoe, Acting Recreation Director SUBJECT: Resolution Expressing Appreciation for the ift of the Lions Club in Support of the Annual Holly Sunday Activities The Brooklyn Center Lions Club has presented to the City a donation of one thousand seven hundred and forty dollars ($1,740) and has designated that it be used for the December 7, Holly Sunday activities at the Community Center. • • Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE LIONS CLUB IN SUPPORT OF THE ANNUAL HOLLY SUNDAY ACTIVITIES WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of one thousand seven hundred and forty dollars ($1,740) and has designated that it be used for the December 7, Holly Sunday activities at the Community Center; and WHEREAS, the City Council is appreciative of the donations and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donation with gratitude. 2. Appropriates the donations to the special events program. 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. 96,E -C MEMORANDUM DATE: November 5, 1997 TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C f { SUBJECT: Resolutions v' ' Pro idm for the Issuance and Sale of 000 General 1 075 g $ , Obligation Improvement Bonds, Series 1997A, and $7,900,000 General Obligation Police and Fire Building Bonds, Series 1997B Resolutions are attached which provide for the sale of these bonds. Official recommendations are being prepared by Springsted Inc. and will be handed out at the meeting on Monday, November 10, 1997. The first bond issue is the General Obligation Improvement Bonds, Series 1997A in the amount of $1,075,000. These will cover 1997 street reconstruction and storm sewer construction in the Orchard Lane West area and on France Avenue. Also covered is storm sewer construction in the Orchard Lane East area, 69th Avenue, and Logan Avenue during 1996. Special assessments will be collected over the next ten years and will be used to make principal and interest payments on the bonds. The second bond issue is the General Obligation Building Bonds, Series 1997B in the amount of $7,900,000 for the construction of Police and Fire Stations. This bond issue was authorized by a voter referendum on November 4, 1997 and the principal and interest on the bonds will be repaid by the general property taxes of the city. M i Recommendations For City of Brooklyn Center, Minnesota $1,075,000 General Obligation Improvement Bonds, Series 1997A $7,900,000 General Obligation Police and Fire Building Bonds, Series 1997B i Presented to: Ms. Myrna Kragness, Mayor Members, City Council Mr. Michael J. McCauley, City Manager Mr. Charles R. Hansen, Finance Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 SPRINGSTED Public Finance Advisors Study No.: B0201C2Y1 SPRINGSTED Incorporated November 7, 1997 i RECOMMENDATIONS • Re: Recommendations for the Issuance of: $1,075,000 General Obligation Improvement Bonds, Series 1997A $7,900,000 General Obligation Police and Fire Building Bonds, Series 1997B The proceeds of the Series 1997A Bonds will be used to finance the City's 1997 street improvement projects as detailed on page 5. Proceeds of the Series 1997B Bonds will finance the construction of new police and fire facilities and the remodeling of an existing fire facility which were approved by City voters on November 4, 1997 by a vote of 3,497 (yes) to 834 (no). We recommend the following for the bonds: 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offering. 2. Sale Date and Time Monday, December 1, 1997, until 12:00 Noon with award by the City Council at 7:00 P.M. the same day. 3. Authority and Purpose ose for the Bond The Series 1997A Bonds are being issued Issues pursuant to Minnesota Statutes, Chapters 429 and 475 and will be used to finance various street improvement projects. . The Series 1997B Bonds are being issued pursuant to Minnesota Statutes, Chapter 475 and a referendum approved by City voters on November 4, 1997. Proceeds will finance construction of new police and fire facilities and the remodeling of existing fire facilities. 4. Principal Amount of Offerings Series 1997A - $1,075,000 Series 1997B - $7,900,000 5. Repayment Term Interest payments on both series of bonds are due February 1 and August 1, commencing August 1, 1998. Principal on the Series 1997A Bonds is due February 1, 1999 through 2008. Principal on the Series 1997B Bonds is due February 1, 1999 through 2013. 6. Term Bonds — Series 1997B Bonds We have made a provision in the Terms of Proposal to permit the underwriters bidding on the Series 1997B Bonds to combine multiple maturity years into a term bond, subject to mandatory redemption on the same maturity schedule provided in the Terms of Proposal, attached to these recommendations. The advantage to the underwriter is that it provides a large block of bonds which is more attractive to bond funds City of Brooklyn Center, Minnesota November 7, 1997 and certain pension funds which deal with only large block f bonds. y g s o s Since the Series 19978 Bonds are being offered on a competitive bid basis and awarded on the lowest true interest cost, the City will award the Series 1997B Bonds to the best bid regardless of whether term bonds are chosen or not. We have found that many underwriters prefer this method because it provides easier sale of the bonds in large blocks, reducing risk and allowing them to lower their costs and the interest coupons. 7. Source of Payment The Series 1997A Bonds will be repaid from special assessments against benefited property. The Series 1997B Bonds will be repaid from general ad valorem tax levies. 8. Prepayment Provisions The City may elect on February 1, 2004 and on any day thereafter, to prepay the Series 1997A Bonds due on or after February 1, 2005. The City may elect on February 1, 2005 and on any day thereafter, to prepay the Series 1997B Bonds due on or after February 1, 2006. Both series of bonds will be callable at a price of par plus accrued interest. 9. Credit Rating Comments We recommend the City apply to Moody's Investors Service for a rating on the bonds. The City's rating is currently "Al." 10. Federal Regulations Applicable to the Bonds (a) Bank Qualification The City does not expect to issue over $10,000,000 of tax - exempt obligations in 1997; therefore, this issue will be bank - qualified. Issues which are bank - qualified receive lower interest rates than issues which are not bank - qualified. (b) Rebate Requirements This issue is subject to the federal arbitrage rebate requirements. However, it will be exempt from rebate if it qualifies for the two - year spend -down exemption or the eighteen- month spend -down exemption. Springsted can provide rebate services if the City so desires. (c) Reimbursement Regulations Federal reimbursement regulations require the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of bond proceeds. It is our Page 2 City of Brooklyn Center, Minnesota November 7, 1997 understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations. (d) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund or be subject to yield restriction or pay back excess investment earnings in the debt service fund to the federal government. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with carry over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 the debt service of that year. (e) Economic Life The average life of the bonds cannot exceed 120% of the economic life of the projects to be financed. The economic life of street improvements is 20 years and the economic life of new building construction is 40 years. Both series of bonds are therefore within the economic life requirements. 11. Continuing Disclosure This issue is subject to the continuing disclosure requirements. The SEC rules . require the City to undertake an annual update of certain Official Statement information and report any material events to the national repositories. Springsted currently provides continuing disclosure services for the City under separate contract. An amendment to that contract adding this issue has been provided to City staff. 12. Attachments . Composition of the Series 1997A Bonds • Debt Service Schedule for the Series 1997A Bonds • Debt Service Schedule for the Series 1997B Bonds Including Composition of the Issue • Terms of Proposals DISCUSSION The Series 1997A Bonds The composition of the Series 1997A Bonds, prepared by City staff, is as shown on page 5. Included in the project costs are the costs of issuance and allowance for discount bidding. The amount of this issue has been rounded up to the nearest $5,000, or $1,075,000. Page 3 City of Brooklyn Center, Minnesota November 7, 1997 Page 6 shows the projection of assessment income for the 1997 improvement projects. Assessments totaling $1,074,986 of principal are expected to be filed on November 30, 1997, with interest charged on the unpaid balance at a rate of 7.0 %. Assessments will be spread over a term of 10 years in even annual installments of principal. The projection of assessment income excludes the actual prepayments of assessments received by the City through November 3, 1997. Page 7 shows the debt service schedule for the Series 1997A Bonds. Columns 1 through 7 show the years and amounts of principal and estimated interest due on the Series 1997A Bonds, including the 5% overlevy. The overlevy is required by State Statute as a protection to the City and the bondholder in the event of delinquencies in the collection of special assessments for repayment of the Series 1997A Bonds. Column 8 shows the projection of assessment income shown on page 6. Column 9 shows the annual surplus of assessment collections. The Series 1997B Bonds The composition of the Series 1997B Bonds and the debt service schedule are shown on page 8. On November 4, 1997, City voters authorized the issuance of $7,900,000 for the construction of new police and fire facilities and the remodeling of an existing fire facility by a vote of 3,497 (yes) to 834 (no). Included in the authorized amount are the costs of issuance and an allowance for discount bidding. The City included a levy for this issue in its 1998 budget in anticipation of the referendum. Therefore, the first levy for this issue will be made in 1997 for first collection in 1998. Respectfully submitted, Z ING STED Incorporated eks Page 4 CITY OF BROOKLYN CENTER ESTIMATE OF BONDING NEEDS FOR THE YEAR 1997 Orchard Orchard France France Lane West Lane West Avenue Avenue 1996 PROJECT Streets Storm Streets Storm Storm TOTALS LEVY NUMBER 14050 14051 14052 14053 Total Construction Costs 1,623,420 734,275 363,758 2,721,453 Paid from Cash Reserves 586,018 396,412 245,758 1,228,188 Gross Special Assessments 1,037,402 337,863 118,000 38,350 228,821 1,760,436 Deletions (Res 97 -153) 10,000 3,250 Senior Deferral 3,545 1,181 412 5,138 Assessments on City property 17,000 17,000 Net Special Assessments 1,006,857 333,432 117,588 38,350 228,821 1,723,048 Actual SA Prepayments 416,561 141,040 47,382 16,010 6,187 627,180 (Through 11/3/97) 1997 Principal Payments 22,882 Special Assess Bond Needs 590,296 192,392 70,206 22,340 199,752 1,074,986 v v co m cn BONDNEEDALS 1997 11W97 CITY OF BROOKLYN CENTER, MINNESOTA Prepared November 5, 1997 , G.O. Improvement Bonds, Series 1997A By SPRINGSTED Incorporated PROJECTED ASSESSMENT INCOME 1997 Street Projects Filing Date: 11/30/1997 Filing Collect Interest Year Year Principal @ 7.000% Total - - - -- - - - - - -- --- - - - - -- -- - - - - -- - - - -- 1997 1998 107,499 81,846a 189,345 1998 1999 107,499 67,724 175,223 1999 2000 107,499 60,199 167,698 2000 2001 107,499 52,674 160,173 2001 2002 107,499 45,149 152,648 2002 2003 107,499 37,624 145,123 2003 2004 107,499 30,099 137,598 2004 2005 107,499 22,575 130,074 2005 2006 107 15,050 122,549 2006 2007 107,495 7,525 115 TOTALS 1,074,986 420,465 1,495,451 a) Includes interest from filing date to 12/31/1998. Page 6 CITY OF BROOKLYN CENTER, MINNESOTA Prepared November 5, 1997 , G.O. Improvement Bonds, Series 1997A By SPRINGSTED Incorporated d: 12- 1 -1997 ure: 2- 1 First Interest: 8- 1 -1998 Total Projected Year of Year of Principal 105% Assessment Annual Levy Mat. Principal Rates Interest & Interest of Total Income Surplus ( ( ( ( ( ( ( ( ( 1997 1999 115,000 4.00% 55,615 170,615 179 189,345 10,199 1998 2000 115,000 4.10% 43,070 158,070 165,974 175,223 9,249 1999 2001 115,000 4.20% 38,355 153,355 161,023 167,698 6,675 2000 2002 110,000 4.30% 33,525 143,525 150,701 160,173 9,472 2001 2003 110,000 4.40% 28,795 138,795 145,735 152,648 6,913 2002 2004 105,000 4.50% 23,955 128,955 135,403 145,123 9,720 2003 2005 105,000 4.60% 19,230 124,230 130,442 137,598 7,156 2004 2006 100,000 4.70% 14,400 114,400 120,120 130,074 9,954 2005 2007 100,000 4.80% 9,700 109,700 115,185 122,549 7,364 2006 2008 100,000 4.90% 4,900 104,900 110,145 115,020 4,875 TOTALS: 1 271,545 1,346,545 1,413,874 1,495,451 Bond Years: 5,924.17 Annual Interest: 271,545 Avg. Maturity: 5.51 Plus Discount: 12,900 Annual Rate: 4.584% Net Interest: 284,445 .C. Rate: 4.825% N.I.C. Rate: 4.801% Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. Page 7 City of Brooklyn Center, Minnesota $7,900,000 General Obligation Police and Fire Building Bonds, Series 19978 Dated Date 12/1/97 First Interest 811/98 Mature 2/1 Levy Maturity Total 105% Year Date Principal Rates Interest P&I of Total (1) (2) (3) (4) (5) (6) (7) 1997 2/1/1999 325,000 4.00% 440,300 765,300 803,565 1998 2/1/2000 400,000 4.10% 364,400 764,400 802,620 1999 2/1/2001 415,000 4.20% 348,000 763,000 801,150 2000 2/1/2002 435,000 4.30% 330,570 765,570 803,849 2001 2/1/2003 450,000 4.40% 311,865 761,865 799,958 2002 2/1/2004 470,000 4.50% 292,065 762,065 800,168 2003 2/1/2005 495,000 4.60% 270,915 765,915 804,211 2004 2/1/2006 515,000 4.70% 248,145 763,145 801,302 2005 2/1/2007 540,000 4.80% 223,940 763,940 802,137 2006 2/1/2008 565,000 4.90% 198,020 763,020 801,171 2007 2/1/2009 595,000 5.00% 170,335 765,335 803,602 2008 2/1/2010 625,000 5.10% 140,585 765,585 803,864 2009 2/1/2011 655,000 5.20% 108,710 763,710 801,896 2010 2/1/2012 690,000 5.25% 74,650 764,650 802,883 2011 2/1/2013 725,000 5.30% 38,425 763,425 801,596 $ 7,900,000 $ 3,560,925 $11,460,925 $ 12,033,971 Bond Statistics Composition of Issue Bond Years 71,686.67 Annual Interest $ 3,560,925 Bond Issue $ 7,900,000 Average Maturity 9.07 Discount 94.800 Discount (94,800) Average Annual Rate 4.967% Net Interest $ 3,655,725 Cost of Issuance (45,000) T.I.C. Rate 5.113% N.I.C. Rate 5.100% Avg. Levy (1997 - 2011) $ 802,265 Available Project Funds $ 7,760,200 Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. Prepared by Springsted Ira. 115497 Page 8 { THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,075,000 CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, December 1, 1997, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 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 (612) 223 -3000 or fax (612) 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. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one -hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 500 Main Street, Suite 1010, Fort Worth, TX 76102, telephone (817) 885 -8900. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. 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, 1997, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1998. 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: 1999 $115,000 2003 $110,000 2006 $100,000 2000 $115,000 2004 $105,000 2007 $100,000 2001 $115,000 2005 $105,000 2008 $100,000 2002 $110,000 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 Page 9 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, 2004, and on any day thereafter, to prepay Bonds due on or after February 1, 2005. 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 benefited property. The proceeds will be used to finance various improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $1,062,100 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied b a Good Faith Deposit ( "Deposit ") in P P Y the form of a certified or cashier's check or a Financial Surety Bond in the amount of $10,750, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date • without award of the Bonds having been made. Rates shall be in integral multiples of 5 /100 or 1/8 of 1 %. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. Page 10 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 ith 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 qn 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 at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of 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 In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. Page 11 OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place i - Su to 100, Saint Paul, Minnesota 55101, telephone (612) 223 3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity ates prin y , p ci al amounts and interest rates of the Bonds together with an other p � 9 Y information required by law, shall constitute a " Final Official Statement " of the City ith respect Y p to the Bonds, as that term is defined in Rule 15c2 -12. B awarding the Bonds to an Y 9 Y 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 45 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 November 10, 1997 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Clerk a i l Page 12 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $7,900,000 CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION POLICE AND FIRE BUILDING BONDS, SERIES 1997B (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, December 1, 1997, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 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 (612) 223 -3000 or fax (612) 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. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one -hour period prior to the time of sale established above, but no Proposals will be received after that time. If r p ovisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 500 Main Street, Suite 1010, Fort Worth, TX 76102, telephone (817) 885 -8900. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. 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, 1997, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1998. 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: 1999 $325,000 2003 $450,000 2007 $540,000 2011 $655,000 2000 400 000 $ 2004 $470,000 2008 $565,000 2012 $690,000 2001 $415,000 2005 $495,000 2009 $595,000 2013 $725,000 2002 $435,000 2006 $515,000 2010 $625,000 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 Page 13 par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), 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, 2005, and on any day thereafter, to prepay Bonds due on or after February 1, 2006. 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. The proceeds will be used to finance the construction and remodeling of City police and fire facilities. TYPE OF PROPOSALS Proposals shall be for not less than $7,805,200 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 $79,000, payable to the order of the City. If a check is used, it must accompany each 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. Page 14 The City will deposit the check of the purchaser, the amount of which will be deducted at • settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in 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. 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 at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of 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. Page 15 CONTINUING DISCLOSURE In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 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 300 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 November 10, 1997 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Clerk Page 16 9?b • Extract of Minutes of Meeting of the City Council of the City of Brooklyn Center, Hennepin County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Brooklyn Center, Hennepin County, Minnesota, was held at the City Hall in the City on Monday, November 10, 1997, commencing at 7:00 P.M. The following members of the Council were present: and the following were absent: The following written resolution was presented by Member who moved its adoption the reading of which had been dispensed with by unanimous consent: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $7,900,000 GENERAL OBLIGATION POLICE AND FIRE BUILDING BONDS, SERIES 1997B BE IT RESOLVED By the City Council of the City of Brooklyn Center,' Hennepin County, Minnesota (City) as follows: • D. %'_33210 38291 -173 1. It is hereby determined that: • (a) at a duly alled and regularly Y g lady held special election on November 4, 1997, the voters of the City approved the issuance and sale by the City of $7,900,000 general obligation bonds of the City pursuant to Minnesota Statutes Chapter 475 ' (Act); (b) the purpose of the bonds as approved by the voters is to provide financing for the construction and remodeling of City police and fire facilities (Project): Project Designation & Description Total Project Cost Police and Fire Facilities Project $7 900 J ,000 - new police station - demolition Fire Station No. 1 - Reconstruction of Fire Station No. 1 - Renovate Fire Station No. 2 (c) it is necessary and expedient to the sound financial management of the affairs of the City to issue $7,900,000 General Obligation Police and Fire Building Bonds, Series 1997B (Bonds) to provide financing for the Project. • 2. To provide financing for the Project, the City will therefore issue and sell its Bonds in the amount of $7,805,200. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $94,800. The excess of the purchase price of the Bonds over the sum of $7,805,200 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Official Terms of Proposal: • �.;K133210 HR29' -173 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS • ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $7,900,000 CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION POLICE AND FIRE BUILDING BONDS, SERIES 19978 (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, December 1, 1997, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 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 (612) 223 -3000 or fax (612) 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. Proposals may also be filed electronically • via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one -hour period prior to the time of sale established above, but no Proposals will be received after that time. if provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 500 Main Street, Suite 1010, Fort Worth, TX 76102, telephone (817) 885 -8900. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. 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, 1997, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1998. Interest will be computed on the basis of a 360 -day year of twelve 30-day months. The Bonds will mature February i in the years and amounts as follows: 1999 $325,000 2003 $450,000 2007 $540,000 2011 $655,000 2000 $400,000 2004 $470,000 2008 $565,000 2012 $690,000 2001 $415,000 2005 $495,000 2009 $595,000 2013 $725,000 2002 $435,000 2006 $515,000 2010 $625,000 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 i 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 W11 be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co_ as nominee of The Depository Trust Company ( "DTC'J, 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, 2005, and on any day thereafter, to prepay Bonds due on or • after February 1, 2006. 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. The proceeds will be used to finance the construction and remodeling of City police and fire facilities. TYPE OF PROPOSALS Proposals shall be for not less than $7,805,200 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 $79,000, payable to the order of the City. If a check is used, it must accompany each 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. ii The City will deposit the check of the purchaser, the amount of which will be deducted at • settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 51100 or 1/8 of 1%. Rates must be in 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. 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 at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of 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 , r its agents the p have been made impossible by action of the purchaser shall be liable to f the City for any loss suffered by the City by reason the son purchaser's with said urchaser's p • terms for payment. -iii- CONTINUING DISCLOSURE In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchasers obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul. Minnesota 55101, telephone (612) 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 300 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 (j) it shall accept such designation and (ii) it shall enter into a contactual 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 November 10, 1997 BY ORDER OF THE CITY COUNCIL /sl Sharon Knutson Cleric iv - 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance • with the foregoing Terms of Proposal. The City Council will meet at 7:00 p.m. on Monday, December 1, 1997, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. DJK133210 38291 -173 STATE OF MINNESOTA ) • COUNTY OF HENNEPIN ) CITY OF BROOKLYN CENTER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Brooklyn Center, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Monday, November 10, 1997, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $7,900,000 General Obligation Police and Fire Building Bonds, Series 1997B of the City. WITNESS My hand as City Clerk and the corporate seal of the City this day of November, 1997. City Clerk City of Brooklyn Center, Minnesota (SEAL) =133210 BR291 -173 C • Extract of Minutes of Meeting of the City Council of the City of Brooklyn Center, Hennepin County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Brooklyn Center, Hennepin County, Minnesota, was held at the City Hall in the City on Monday, November 10, 1997, commencing at 7:00 o'clock P.M. The following, members of the Council were present: and the following were absent: The following written resolution was presented by Councilmember the reading of which had been dispensed with by unanimous consent, who moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,075,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997A BE IT RESOLVED By the City Council of the City of Brooklyn Center, Hennepin County, Minnesota (City) as follows: 1. It is hereby determined that: DiK133200 BR291 -175 (a) the following assessable public improvements (the Improvements) have • been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act); Project Designation & Description Total Project Cost Orchard Lane West Streets 14050 Orchard Lane West Storm 14051 France Avenue Streets 14052 France Avenue Storm 14053 1996 Storm Construction Costs $2,721,453 Cash Reserves 1,228,188 Gross Special Assessments 1,760,436 Senior Deferral 5,138 Assessments on City Property 17,000 Net Special Assessments 1,725,048 Actual SA Prepayments (11/ /97) 627,180 1997 Principal Payments 22,882 Special Assess Bond Needs $1,074,986 Rounded for Bond Issue $1,075,000 (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue $1,075,000 General Obligation Improvement Bonds, Series 1997A (Bonds) pursuant to the Act to provide financing for the Improvements. 2. To provide financing for the Improvements, the City will issue and sell Bonds in the amount of $1,062,100. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $12,900. The excess of the purchase price of the Bonds over the sum of $1,062,100 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. Tile Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal: • _=133200 3R191 -175 s THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS . ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING 13ASIS: TERMS OF PROPOSAL $1,075,000 CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, December 1, 1997, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 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 (612) 223 -3000 or fax (612) 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. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one -hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 500 Main Street, Suite 1010, Fort Worth, TX 76102, telephone (817) 885 -8900. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. 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, 1997, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1998. 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: 1999 $115,000 2003 $110,000 2006 $100,000 2000 $115,000 2004 $105,000 2007 $100,000 2001 $115,000 2005 $105,000 2008 $100,000 2002 $110,000 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 farm 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 ("OTC"}, 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 require to d eposit o P it 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, 2004, and on any day thereafter, to prepay Bonds due on or after February 1, 2005. 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 par ti c ip a nts 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 po t o le vy dire general eneral ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance v improvement projects within the City. TYPE OF PROPOSALS 062 100 and accrued interest on the total principal Proposals shall be for not less than $1, �� 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 $10,750, payable to the order of the City. If a check is used, it must accompany each propo 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 ar e awarded to an underwriter using a Financial Surety Bond, then that purchaser is re uired to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's q ted not later than 3:30 P.M., Ce check or wire tra nsfer as instructed by Springsted Incorpora 't is not received by at Time, on the next business day following the award. If such Depose 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 comply with the accepted proposal, said amount will be retained by the City. No propo sal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. • -ii- 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, it 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 cast i th purchaser at a place mutually satisfactory to the City and the purchaser. Delivery subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of 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 In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. • -iii- OFFICIAL STATEMENT • The City has authorized the preparation of an Official Statement containing pertinent Information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 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 respell 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 45 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 November 10, 1997 BY ORDER OF THE CITY COUNCIL Is/ Sharon Knutson Cleric • -iv- • 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 7:00 o'clock P.M. on Monday, December 1, 1997, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. • =133200 BR291 -175 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF BROOKLYN CENTER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Brooklyn Center, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Monday, November 10, 1997, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $1,075,000 General Obligation Improvement Bonds, Series 1997A of the City. WITNESS My hand as City Clerk and the corporate seal of the City this day of November, 1997. City Clerk City of Brooklyn Center, Minnesota (SEAL) • '.: {133200 33241 -'75 City of Brooklyn Center A great place to start. A great place to stay. • To: Mayor Kragness and Council Members Carmody, Hilstrom, Lasman and Peppe "From: Michael I McCauley City Manager Date: November 6, 1997 Re: Engagement of Architects for Police & Fire Building Projects I would request City Council authorization to engage the services of Mjorud Architecture to provide architectural, engineering, and landscape design for the fire station construction and remodeling project and to engage the services of Boarman, Kroos, Pfister, Vogel & Associates to provide those services for the police station project. The maximum fee, unless additional services were requested beyond the scope of the proposal, would be $285,000 for Boarman, Kroos, Pfister, Vogel & Associates and $189,500 for Mjorud Architecture. Boarman, Kroos, Pfister, Vogel & Associates was selected to do the conceptual design work. They have substantial experience in police building design and construction. Mjorud Architecture has • experience in fire station construction and has prepared the preliminary designs for the new station and the remodeling. 6301 Shingle Creek Pkwy, Brooklyn Center, 11IN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Afrmative Action /Equal Opportunities Employer its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION AUTHORIZING ENGAGEMENT OF ARCHITECTS FOR POLICE AND FIRE BUILDING PROJECTS WHEREAS, bonds have been authorized through a referendum for police and fire construction projects; and WHEREAS, the architects who performed the initial concept design and cost estimate work had submitted proposals to perform design work for the actual construction projects through the construction of the building projects; and WHEREAS, both architectural firms are experienced in their respective areas of police and fire building construction; and WHEREAS, both architectural firms have rovided satisfactory services and are P rY familiar with the ro'ects being planned. P J gP NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Manager be and hereby is authorized to engage the services of: 1) Boarman, Kroos, Pfister, Vogel & Associates to perform required architectural, engineering, and design services for the police building construction project; and 2) Mjorud Architecture to perform required architectural, engineering, and design services' the fire station construction project. BE IT FURTHER RESOLVED that the Mayor and City Manager be and hereby are authorized to execute contracts with Boarman, Kroos, Pfister, Vogel & Associates for architectural services related to the police building project and with Mjorud Architecture for architectural services related to the fire building project upon terms and conditions as set forth in the proposals submitted by the respective architectural firms as set forth in the attachment to this resolution. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: i and the following voted against the same: whereupon said resolution was declared duly passed and adopted. oa. �.i.>70c1� cr�ry � r7»�l.ln � e� - rbc re:e: ivW YJ5 ' 7 "I 1b� 51 • DV November 5, 1497 Mr. Mike McCauley City Manager �. City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mike, Archlltrhu: As an addendum to our fee proposal of October 15, 1997 for the new Brooklyn Center Police Facility, the following breakdown serves to clarify rncP,ro, nAaan the not -to- exceed fee maximum. Basic Services The Architect's fee for basic services for the construction of the new Brooklyn Center Police Station will be based on 7.5% of the cost of construction. Compensation is on an hourly basis with a not-to- exceed fixed fee maximum of: $263,500 Furniture and Equipment as included in the Architect's workscope would be based on 8.5% of the cost of furniture and equipment with a not -to- exceed fee maximum of: $21,500 TOTAL NOT TO EXCEED FEE MAXTMVM $285,000 i Thank you for the opportunity to be of service to you. If you have any questions, please do not hesitate to call. Sincerely, 222 N. Znri $L M, ^ncapolii Mane <ota SSiUi Aav 0 Kroos Principal Fax 612 119.621 U. ,f. Y Kluu, AIA Peter I Yp5w,, AIA GJlY 1 VpAU, AIA U.,aT Rw, ,ari AIA ; l c)prynri„na, : acr B O A R M A N • K R O O S • P F I S T E R • V O G E L & A S S O C I A T E t • BKPV October 15, 1997 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mike: Thank you for the opportunity to serve the City of Brooklyn Center for the proposed new Police Station. We are pleased and honored by your consideration to serve as Architects and Engineers for this important public project. In response to your request, we submit this proposal to meet the design needs for this project. Architectural Design Services for Implementation 1. Schematic Design 2. Design Development 3. Construction Documents • 4. Bidding Phase 5. Construction Administration Phase Basic Services: The Architect's fee for basic services for the construction of the new Brooklyn Center Police Station will be based on 7.5 % of the cost of construction. Compensation is on an hourly basis with a not -to- exceed fixed fee maximum. Basic services are to include architectural design, structural, mechanical and electrical engineering services, as well as interior design, landscape architecture, and civil engineering. Optional. Furniture and Equipment as included in the Architect's workscope would be based on 8.5% of the cost of furniture and equipment. Reimbursable Expenses: Expenses of prints, mylars, reproductions, postage and travel shall be billed at cost to the client without markup. _ Additional Expenses: Additional services, if requested, will be billed at our standard hourly rates. Compensation can be based on a percentage of the cost of construction of the workscope change, or hourly, with a not -to- exceed amount, whichever is appropriate. 3ARMA v <0, oo-S - ? is- R V V0GE & AesoLiA -E Page 2 • Michael McCauley City Manager er 8 City of Brooklyn Center Billing Rates Project Principal $97 -$128 Project Manager $66 -$76 Project Architect $42 -$70 Construction Administrator $78 Structural Engineer $49 -$83 Mechanical Engineer $40 -$113 Electrical Engineer $46 -$88 Interior Designer $36 -$80 If the ro' p sect proceeds and our proposal is accepted, we will prepare a Standard AIAB141 Contract for your approval and signature. Again, thanks for the opportunity. Please call if there are any questions. Since ly, • David R. Kroos Principal File Name: p: \busdev \ltr \drk \bcpltr • MJORUD ARCHITECTURE 12400 12th Avenue North, Minneapolis, MN 55441 -4612 612/544 -3871 • October 29, 1997 Mr. Michael J. McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Regarding a Fee Proposal for Two Fire Stations: Fire Station No. 1 West Fire Station and Pump House No. 2 63rd and Brooklyn Boulevard Brooklyn Center, MN Fire Station No. 2 Remodeling for East Fire Station 65th and Dupont Avenue North Brooklyn Center, MN • Dear Mr. McCauley, Having received your letter requesting a fee proposal for architectural, engineering, and landscape design for the above - referenced projects, Mjorud Architecture and the members of our professional team appreciate this opportunity to send you this information. Mjorud Architecture is supported by professional consultants who are chosen specifically for their experience with projects similar to the two fire station remodeling projects, as well as the pump house design. For the basic services on this project, we have selected: ❑ Ellerbe Becket for structural engineering and special inspection services ❑ Follestad & Barrett for mechanical and electrical engineering ❑ Melchert/Block Associates for civil and landscape design. This team of professionals has worked together on many projects and is very experienced with the special needs of municipal fire stations. We have also included costs for other work that you may need for both projects. • Mr. Michael J. McCauley, City Manager Brooklyn Center Fee Proposal October 29, 1997 Page No. 2 • We perceive the scope of work to include the following: Scope of Work —Fire Station No. 1 and Well House No. 2 The City of Brooklyn Center intends to construct an all -new West Fire Station approximately 16,000 sf in size. A new Well House No. 2 would be an additional 800 sf and made part of the fire station building. ❑ The existing 3,600 sf Liquor Store may be demolished and portions of the existing 5,400 sf Fire Station may have to be removed to allow space for new construction. All smaller buildings on this site would also be demolished and removed. The existing Apparatus Room and Watch Room would remain to allow continuity in fire protection of the community. Substantial completion would be declared when the firefighters can move into the new building to use the new facility for its intended purpose. ❑ Then the existing Apparatus Room and Watch Room would also be demolished. ❑ The construction materials will include a colored CMU exterior skin, and masonry bearing walls throughout. If two -story, there may be a need for a • column line with steel beams to support a precast floor with concrete topping. We expect the entire roof structure(s) to consist of steel joists and metal deck. Some interior non - bearing walls in the non -wet areas will be light gauge metal studs and gypsum board. ❑ The hose tower must have a 30' clear height inside, matching East Fire Station No. 2. ❑ Most mechanical units will be located on the roof, requiring higher roof parapets for screening. ❑ Provide a convenient means to access this roof to service equipment. ❑ Three contractors were contacted to determine construction time. Adolfson & Peterson, Inc., M.A. Mortenson, and Kraus Anderson Building Division all stated that this type of project could be constructed in five to six months. This may require preordering certain items, placing the project "on hold" until material arrives. ❑ The new West Fire Station may be one -story or two depending on the outcome of the Liquor Store market study. ❑ If a new Liquor Store were attached to the project, this may require an additional 5,000 to 6,000 sf, bringing this building size to the 22,000 to 23,000 sf range. The Liquor Store portion of the complex must occupy a lower level space and no design fees are included in this proposal for the Liquor Store. Mr. Michael J. McCauley, City Manager Brooklyn Center Fee Proposal October 29, 1997 Page No. 3 ❑ The disciplines required for this project include: Architecture, Structural Engineering, Structural Special Inspections, Mechanical Engineering, Electrical Engineering and Landscape Architecture. Depending on work provided by the City of Brooklyn Center, other services could include Civil Engineering for site utilities, site grading, and a hydrological design for a NURP pond. For example, the City may want to provide revisions and connections to the water main without assistance from an outside Civil Engineer. A comprehensive topographical land survey should be provided, as will soil testing before and during construction of the building. Scope of Work — Remodeling to Fire Station No. 2 The City of Brooklyn Center intends to remodel the interior of Fire Station No. 2, as the overall outside dimensions will remain. ❑ The major remodeling work involves the removal and replacement of interior partitions. The diagonal non - bearing walls running into the building will be removed to gain better use of the interior, as most of the inside rooms will be removed and re- designed. ❑ New windows will replace the windows in the Watch Room. New windows in other new rooms will be cut into the existing exterior masonry walls. ❑ A new generator set will be added on a concrete pad at the exterior of the building. • A Self- Contained Breathing Apparatus Room (SCBA) will be constructed within the present Apparatus Room, requiring new footings and foundations to support masonry walls and a precast Mezzanine Floor above. Presently, the mechanical equipment is located on a Mezzanine above the existing Toilet Rooms. A new catwalk will be constructed to join the existing Mezzanine to the new Mezzanine. • The entire building will be re- roofed —new roof insulation will be added. • The building exterior will be painted. ❑ The interior face of the exterior walls will be insulated. ❑ A new roof access will be included with a ship's ladder and roof hatch. ❑ The new rooms to be created and finished are identified as: Kitchen, Recreation Room, Watch Room / Company Room, SCBA, Storage, Conference / Meeting Room, District Chief's Office, General Open Office, Men's Locker Room, Women's Locker Room, and a Unisex Toilet. . ❑ Cabinetry with the remodeled Watch Room will be replaced. Mr. Michael J. McCauley, City Manager Brooklyn Center Fee Proposal October 29, 1997 Page No. 4 s ❑ Equipment includes: generator set, washer and dryer, DeBourgh lockers refrigerator, stove, microwave and dishwasher. New cabinets will be provided in the SCBA Room, Watch Room and Kitchen. ❑ On an alternate bid, the deteriorating, exterior apparatus slab will be replaced. ❑ On another alternate bid, the existing trench drains within the Apparatus Room will be replaced with new Poly Drains approximately twice the length of those existing. ❑ There will be no changes to the landscaping, existing ground cover, curbs, driveways and sidewalks, except to accommodate the generator set on the Base Bid and a new concrete apron, bid as an alternate. FEES Determining Fee The method of charging for basic services is normally tailored to meet the Client's specific requirements. The fee may be determined as: • ❑ A percentage of construction costs ❑ Hourly fee ❑ Hourly rates with a fixed limit ❑ A fixed fee We prefer the fourth alternative, a fixed fee, whenever possible. This gives you a clear statement of anticipated costs, establishes a budget for the work, and eliminates fee surprises late in the project. In the very early phases of some projects, where the scope of work is not sufficiently determined to allow a development of a fixed fee, we would propose the use of hourly rates with a fixed limit. This can later be translated to a fixed fee at the earliest practical point of the project. The range of our fees is dependent on three factors: the size of the project, its complexity, and the extent of services to be provided. Small projects often necessitate higher fees relative to square footage or construction costs than will large projects. As projects increase in size, they usually have sufficient repetition in both plan and detail to increase efficiency and reduce the fee rates. The complexity of a facility also affects the fees. • Our preference on agreement forms leans towards standard agreements published by the American Institute of Architects (specifically Document B141 for this project). We feel these documents clearly define the basic services requested. Mr. Michael J. McCauley, City Manager Brooklyn Center Fee Proposal October 29, 1997 Page No. 5 • BASIC SERVICES FOR DESIGN AND CONSTRUCTION ADMINISTRATION WEST FIRE STATION NO. 1 REMODELING TO DISCIPLINE AND WELL HOUSE NO.2 EAST FIRE STATION NO.2 Architecture $ 89,000 $ 49,000 Credit on work completed to date (4,300) (1,200) Landscape Architecture 1,500 -0- Structural Engineering 10,500 5,100 Special Inspections 1,000 900 Mechanical / Electrical Engineering 25,000 13,000 Firm, Not -to- Exceed Design Cost $ 122,700 $ 66,800 Estimated design percentage of cost 5.1% 6.7% Percentage based on estimated total project cost at $ 2.4 million $ 1 million OPTIONAL SERVICES OR ADDITIONAL EXPENSES ANTICIPATED WEST FIRE STATION NO. 1 REMODELING TO DISCIPLINE AND WELL HOUSE NO. 2 EAST FIRE STATION NO.2 Civil Engineering a) Grading and Hydrological Study $ 2,500 $ -0- b) Water main revisions 1,000 -0- Topographical Land Survey 1,900 -0- Anticipated Soil Investigations 5,500 500 Anticipated Reimbursable Expenses 7,300 5,000 Total Additional Expenses $ 18,200 $ 5,500 Note that the additional expenses are not included above • Mr. Michael J. McCauley, City Manager Brooklyn Center Fee Proposal October 29, 1997 Page No. 6 • COMMENTARY ON ANTICIPATED REIMBURSABLE EXPENSES ESTIMATED DESCRIPTION COST There is no charge for computer time, city mileage (local $ -0- transportation), local phone calls, postage, or copies 9 p of any documents made within the Architect's or Consultant's offices. Estimated cost of printing schematic design plans for Owner's review and coordination 500 Estimated cost of printing mylars and composites for construction documents 1,900 Estimated cost of deliveries and miscellaneous expenses in support of the project 300 Estimated cost of printing construction documents (plans and specifications) for bidding and permanent record: 9,000 • ❑ 30 estimated sheets of drawings for each station x 50 sets ❑ 350 estimated sheets of specifications x 50 sets for each station ❑ Minnesota State Tax Subtotal $ 11,700 A Multiplier of 1.1 times amount billed to the Architect is added to eac Inv oice. Anticipated Reimbursable Expenses $ 12,320 If you have any questions regarding any item in this proposal, please call me so we can address them. We look forward to working with you on this project. Sincerely, MJORUD ARCHITECTURE Al J . OAA.- Mjorud, IA • City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, strom, Peppe FROM: Michael J. McCauley, City Manager DATE: November 6, 1997 SUBJECT: Council Invocation Attached please find materials received from the City Attorney regarding recent conversations that he has had with the Minnesota Civil Liberties Union (MCLU). This matter is being placed on the agenda for two purposes. The first is to inform you of this recent set of discussions and concerns raised by MCLU. The second is to discuss with the Council your thoughts on the potential change in the invocation process raised by those discussions between Mr. LeFevere and the attorney for the MCLU. Those changes would have the invocation precede calling the meeting to order so that the invocation would be retained as part of the process and there would simply be a change in the order. The second issue would be to retain the basic language of the policy and again simply switch a few words around. In any event, we wanted to bring this matter to your attention at this point and to obtain your input as to how you would like Mr. LeFevere to proceed in any further discussions with the MCLU. Attachments 6301 Shingle Creek Pkwy, Brooklyn Center, .11iV 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 ActionlEqual Opportunities Employer 470 Pillsbury C enter 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone '(612) 337 -9310 fax e -mail: atrvs@kennedy- graven.com CHARTERED CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 October 31, 1997 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center Mil 55430 RE: Council Invocation Dear Mike: For several weeks, I have been in correspondence with Mr. Howard Carp, the attorney for the Minnesota Civil Liberties Union (MCLU), regarding the City Council invocation at the beginning of each Council meeting. Copies of the correspondence are attached. A memo on the subject of the defensibility of the City's position, which was prepared by Kim Kantorowicz of my office, is also attached. As noted in the memo, it appears that the invocation is legally defensible. However, the Council should be asked to consider two changes to the policy which could make the policy more defensible from a legal perspective. It would seem that these changes could also help to satisfy the concerns of the MCLU (which is primarily a political issue for the City Council to consider), and might avoid a lawsuit entirely. One of the objections of the MCLU is that the invocation occurs after the Council meeting is convened by the Mayor so that it is actually a part of the City Council meeting. We believe that the City's practice in this regard is legally defensible. However, this argument of the MCLU could be taken away by simply reversing the order of the call to order and invocation so that the Council meeting would begin with an invocation at 7:00, then call the meeting to order and have a roll call. Therefore, I would recommend that we discuss with the City Council the Council's interest or willingness to make this change. Mr. Michael McCauley October 31, 1997 Page 2 A second objection of the MCLU is that the City policy appears to mandate that the invocation be addressed to "God ". I realize that this is not the meaning of the policy since an invocation often involves only a period of silence for reflection without any reference to God. Furthermore, I assume that the purpose of the policy is not to be exclusive by prohibiting an invocation which is not addressed to God, but rather inclusive to assure that the invocation is not addressed to, for example, Jesus, which could be objectionable to persons who are not of the Christian faith. Perhaps a minor change to the policy would make this more clear. The policy currently states that the invocations "...will stringently adhere to the concept of what an invocation, by definition, is, which is, a petition for guidance, and lastly that said invocation be addressed to `God', which is the broad -based spiritual term used in our nation's Pledge of Allegiance, ...one nation under God; and is also the term used on our currency and coins, `IN GOD WE TRUST'." The intent of the resolution, as I understand it, might be more obvious if the above quoted language were changed to read, "will stringently adhere to the concept of what an invocation, by definition, is, which is, a petition for guidance, and lastly that any reference to the deity in any invocation shall use the inclusive term `God', which is the broad based spiritual term used in our nation's pledge of allegiance, `one nation under God', and as also used on our currency `IN GOD WE TRUST'." Again, I would recommend that the Council be consulted to discuss the Council's • interest in making such a change. Finally, as noted in the memorandum, even if the policy is constitutional on its face, it could be administered in such a way that it could raise constitutional issues. For example, a challenge to the policy could be brought if, in practice, the City Council selected members of only one particular faith to deliver the invocation. In selecting the persons to present an invocation, the Council should make an effort to be inclusive of various faiths. I have told Mr. Carp that we would discuss this issue internally, decide how to proceed with the City Council, and advise him of our progress and ultimate decision. Please give me a call when You have had a chance to review this letter and the attached memorandum. Very truly yours, LAI�� Charles L. LeFevere CLL:lh Enclosure MEMORANDUM TO: Dan Greensweig FROM: Kim JungJa Kantorowicz DATE: October 30, 1997 RE: BR- 291 -4; Prayer at City Council Meeting ISSUE Is a prayer after a city council meeting has been called to order, which mandates the language usage of "God," a violation of the establishment clause of the first amendment? DISCUSSION I. Elements of the Establishment Clause The underlying issue is whether prayer at governmental meetings is a violation of the establishment clause. To be valid under the establishment clause, challenged state action must serve a clearly secular purpose, have a primary effect which neither advances nor inhibits religion, and avoid excessive government entanglement with religion. County of Allegheny v. American Civil Liberties Union Greater Pittsburgh Chapter 109 S.Ct. 3086, 3143. A. The first element of the clause requires that state action must be secular in nature. While there has been debate over whether "prayer alone is a violation of the establishment clause, historically prayer has been common practice in legislative bodies, especially those with a paid Chaplain, to present opening invocations and prayers for the purpose of setting a solemn tone for the transaction of governmental business. Bogen v. Doty, 398 F.2d 1110, 1114 (Minn. 1979). The fact that the Brooklyn Center City Council chooses to have an invocation is not unconstitutional. However, if the prayer is held after the meeting hasbeen called to order, it may be suggested that the city is thereby not secular with its' intentions. This may be especially pertinent when the city has mandated the usage of the word "God," if it can be demonstrated that this reference is to a particular faith. While United States Congress procedures allow for a prayer to be given prior to session • being called to order, the Minnesota Legislature's prayer is given after the session is called to order. It is not necessarily true that having a prayer after a meeting is called to order is unconstitutional in Minnesota. Indeed, the court has ruled in Chambers v. Marsh. 675 F.2d 228 (Neb. 1982), that a prayer which opened each legislative session, was not unconstitutional. B. Closely related to the first element is whether the effect of a prayer neither advanced nor inhibited religion. By mandating invocations to use language referring to "God," it may be both advancing particular religious faiths and inhibiting others. However, for over a century, the United States Congress has held invocations, some of which contain various references to "God." While there are no rules mandating reference to "God," invocations generally do so. Congress even has a ra er room in the Capitol decorated with a large stained lass panel depicts P Y 1 that de P g g P P President Washington kneeling in prayer. The first verse of the 16th Psalm is written around President Washington and it states "Preserve me, O God, for in here do I put my trust." Allegheny, 109 S.Ct. at 3143. Even the Supreme Court opens its sessions with the request that "God save the United States and this Honorable Court." Allegheny, 109 S.Ct. 3086 at 3143. The Chaplain and visiting Chaplains of the Minnesota Legislature are also able to reference "God." According to the Chaplain's office, while there are no rules regarding the usage of "God," visiting Chaplains are asked to use non -faith ecumenical language, of which "God," is often considered a part. Unless it can be proven that "God," is referring to a particular faith, its' usage would not be in violation of second element. As Chief Justice Blackmun notes in Alleghen 109 S.Ct. 3086 at 3143 the g v, , establishment clause does not forbid some of these types of inherent endorsements. Using the language "God," does not indicate an advancement or inhibition of other religions. C. The third element is avoiding xcessive entanglement with reli ion. The issue is g g whether Brooklyn Center has apparently extended its invocation to only those of the Christian faith. If this is true, the city may be in violation of the establishment clause. The court held in Chambers 675 F.2d at 234, that employing the same Christian Chaplain for sixteen years thereby violated all three elements of the establishment clause. It is reasonable that the city is comprised of individuals with a wide variety of religiously held beliefs. If the city is only extending invitations to certain Chaplains, a strong argument could be made under the third element. However, note that in Congress and in the Minnesota Legisture, visiting Chaplains are selected upon recommendation by the congresspersons and legislators. Generally, a Chaplain is recommended by the local constituency because he or she is part of the community represented by the legislator. A visiting chaplain must also be the head of a congregation. It is reasonable that if a local district is primarily comprised of congregations of one particular religious denomination, then it may be that local city council persons are extending invitations to visiting Chaplains in good faith. CONCLUSION Brooklyn Center is not in violation of the first two elements of the establishment clause because its prayer serves a secular purpose and has an effect which neither advances nor inhibits religion. Generally, the use of "God" is viewed as a non - secular term. This is evident by its' usage in Congress as well as the Minnesota Legislature. In mandating the usage of "God," it is likely that it was the intent of the city to ensure secular language, not to exclude certain faiths. • Y Finally, it is likely that the city is not in violation of the third element if the city can demonstrate that its' invitations are being extended in good faith. Nonetheless, in order to ensure compliance with the Constitution, the city should review its policy of how and to which individuals it extends invitations to serve as visiting Chaplains. If it is true that only individuals from certain backgrounds are being selected and congregations of other faiths exist in the community, the city will want to re- examine its' selection procedures. • HOWARD S. CARP %so [ ATTORNEY AT LAW D 11656 Fetterly Lane Minnetonka, MN 55305 SEP 6 1997 545 -1634 September 15, 1997 Charles L. LeFevere Attorney at Law 200 So. 6th St., #470 Minneapolis, MN 55402 RE: City of Brooklyn Center - Council Meeting Invocation Dear Mr. LeFevere: This is in response to your letter of August 29th. The Courts have found that having an invocation is not unconstitutional per se. However, when the city requires that the invocation be addressed to "God" it gives the appearance of having a religious purpose. This is especially true when the invocation is held after the meeting has already been called to order and a roll call has been taken. Any possible secular purpose that the city may have had in using the invocation as a means of setting a serious tone to the meeting no longer exists. In 1979 the Eighth Circuit of Court of Appeals decided the case of Bogen v. St. Louis County Board In that case the court determined that the purpose of having a prayer at such meetings was to set an appropriate solemn and serious tone for the meeting and that this was a secular purpose. The court also pointed out that the prayer took place prior to the official start of the meetings. Thus, there was no government endorsement of religion. When Brooklyn Center has an invocation to "God" it advances a religious purpose. Further, when the city sets strict standards for what may be said during the invocation it entangles itself in a religious purpose. It also appears from city minutes that the council plans to strictly enforce these requirements. It is my understanding that the City Council is also responsible for determining inin who will be g present at the invocation. This type of continuous oversight or governmental control of the content of religious message is the epitome of excessive entanglement. when the city is deciding who will be giving the invocation it constitutes a preference for a mode of worship. The Minnesota Civil Liberties Union is also concerned that the city invocation is only to a Christian "God ". we infer this from the fact that letters of invitation went only to Christian Churches. • These letters suggest that the city is advancing a particular type of religion and, perhaps, inhibiting another form of religion. I September 11, 1997 Charles L. LeFevere Page 2 am certain that the city probably has Moslem, Jewish and agnostic citizens in its borders. While the original intent of the city appears to have been "God" as a "broad -based spiritual term used in our nation's Pledge of Allegiance ", these letters suggest otherwise. The Minnesota Civil Liberties Union is willing to work with the city to make sure that the invocation meets the constitutional standards and protects the rights of all citizens. I am certain that the City of Brooklyn Center does not wish to violate the Establishment Clause of the First Amendment of the Constitution. After you have had an opportunity to review my letter I would appreciate a response from you as to whether the city is amenable to making changes in its invocation process. Thank you for your attention to this matter. V yours, How rrdS.arp • HSC:sb • HOWARD S. CARP ATTORIM AT LAW 11656 Fetterly Lane Xi=etoaka, NN 55305 545 -1634 August 26, 1997 Brooklyn Center City Council. 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Attention: Mayor Myrna Kragness RE: The council's practice of opening each council meeting with a prayer Dear Mayor Kragness: I have been retained by the Minnesota Civil Liberties Union to ask the City of Brooklyn Center to reconsider its policy of having invocations. addressed to "God ". The city is petitioning "God" for guidance in its invocation. In essence, the City is having a prayer prior to public meetings for'no secular purpose. Having an invocation which petitions "God" appears to be an advance of a religious purpose. The council has also set out a policy for determining who will be present to give the invocation and has set standards for how long the invocations are to take. when an invocation is held after the meeting as already cal led to g been Y order and roll call has been taken, any secular purpose that the city may have had in using the invocation as a means of setting a serious tone to the meeting does not exist. It is the opinion of the Minnesota Civil Liberties Union that religious exercise of any kind at government proceedings, activities, or ceremonies are in violation of the Establishment Clause of the First Amendment of the United States Constitution, Article 8, Section 2, and Article 1, Section 16 of the Minnesota State Constitution. It would be the Minnesota Civil Liberties Union's opinion that your practice of conducting an invocation prior to, or during Brooklyn Center City Council meetings violates the Establishment Clause of the First Amendment and Article 8, Section 2, and Article 1, Section 16 of the Minnesota State Constitution because it: £0 /E0'd b6K 69S ET9 N3iN30 N,1 d0 .Ii!3 cc•92 )G_T_v?_nf`y £0 ' d 1ti101 • August 20, 1997 Mayor Myrna Kragness Page 2 (a) serves no secular purpose. (b) advances religion because it requires the invocation be addressed to "God ". (c) results in excessive governmental entanglement with religion because it requires the City Council to select the individuals to give the invocation and to monitor the content of the invocation to insure that it complies with the City's guidelines. (d) it constitutes a preference for a mode of worship. The City's recent resolution which requires that individuals giving the invocation at your council meetings must address the invocation only to "God" violates those individual's right to free exercise of religion guaranteed by the First and Fourteenth Amendments to the United States and Minnesota Constitution. • I cannot believe that every citizen in the City of Brooklyn Center is a Christian who wishes that there be a prayer to "God" at the start of every City Council meeting. I hope you realize that this policy which you have set in place is a violation of each of those individuals' rights under the Establishment Clause in both our State and Federal Constitution, it is our organization's obligation to protect the rights of those citizens who do not have the power or the wherewithal to speak up for themselves. I would ask that the City reconsider its policies relative to the invocation procedure. I would appreciate a response to this letter within the next fourteen days letting me know what action, if any, you intend to take towards changing this policy. If I receive no response I will assume that the City has no intention of changing what we perceive to be an unconstitutional policy. • I will await your response and I hope that the City will work with the Minnesota Civil Liberties Union to create a policy that does not abridge those freedoms under the Minnesota and United States Constitutions. .Thank you in advance for your anticipated cooperation. V yours, HSC:sb • E0iE0'd b60 69S zT9 631N30 N.1 -100N8 d0 .11I0 00:60 G66I- ez -onu 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337.9300 telephone • Graven ( 337 -9310 fax e -mail: atrys @kennedy- graven.com CHARTERED CHARLES L. LEFEVERF. Attorney at Law Direct Dial (612) 337.9215 August 29, 1997 Mr. Howard S. Carp Attorney at Law 11656 Fetterly Lane Minnetonka MN 55305 RE: City of Brooklyn Center - Council Meeting Invocation Dear Mr. Carp: I represent the City of Brooklyn Center as legal counsel. Your letter to Mayor Kragness of August 26, 1997, has been referred to me. Your letter states the position of the Minnesota Civil Liberties Union that the practice of the Brooklyn Center City Council of opening its meeting with an invocation violates state and federal constitutions. I recognize that there are cases in which the courts have held prayer at certain public functions to violate state or federal constitutions. However, when I last reviewed the law on this subject, it was my conclusion that an invocation at the opening of the session of a legislative body was not unconstitutional. In fact, I believe that the United States Congress opens its sessions with a prayer. If you have any citations to legal authority for the propositions stated in your letter, I would appreciate being advised of them so I may give appropriate advice to the City Council. Thank you. V ery truly yours,_ Charles L. LeFevere CLL:lh is cc: Mr. Mike McCauley CLL1291oa BR291 -4 HOWARD S. CARP D • ATTORNEY AT LAW (' r 1997 11656 Fetterly Lane Minnetonka, MN 55305 545 -1634 October 24, 1997 Charles L. LeFevere Attorney at Law 200 So. 6th St., #470 Minneapolis, MN 55402 RE: City of Brooklyn Center - Council Meeting Invocation Dear Mr. LeFevere: Please advise if you will be responding to my letter of September 15, 1997. r V y ours, Howa d S. Carp HSC: �r City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasrpqn, and Pe pe FROM: Michael J. McCauley, City Manager DATE: November 6, 1997 SUBJECT: Set Date and Time of City Council Work Session I would ask that the Council set date for general Council Work Session as November 17, 1997, at 7 p.m. in City Hall Conference Room B. 6301 Shingle Creek Pkwy, Brooklyn Center, :YIN 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 g City of Brooklyn n Center A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstr m, LasW, and Pe pe FROM: Michael J. McCauley, City Manager DATE: November 6, 1997 SUBJECT: Pawnshop Ordinance The enclosed materials from the City Attorney with a draft ordinance and memorandum from the Police Department are being placed on the City Council agenda simply for purposes of discussion. We wanted to have the opportunity for a discussion with the City Council regarding the general form of the proposed ordinance that has been arrived at in the discussions between Police Department staff and the City Attorney prior to placing on the agenda for introduction. Attachments 6301 Shingle Creek Pkivy, 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 ��ppKLTN CEpT� BROOKLYN CENTER i � POLICE DEPA.RTMEN POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Kline, Chief of Police DATE: November 6, 1997 SUBJECT: Revision of Pawn Shop Ordinance The City Council has raised several questions during th discussion and proposed revision of the Brooklyn Center pawn shop ordinance. The police dep ent believes that there is a distinct relationship between pawn shops and the theft of items at are commonly pawned. The Brooklyn Center Police Department has investigated 48 computer thefts from January 1, 1997 through November 5, 1997. The total value of los 3 is $119,206. Of the 48 reported thefts, 29 are described as "lap top computers. From January 1, 1997 through November 5, 1997 the B ooklyn Center Police Department has recovered three computers with a total value of $2,800. Computer equipment is attractive to thieves as it is readily accepted at pawn shops and secondhand stores located in communities with lax regu ations. One of the reasons that the Brooklyn Center Police Department has a low recovery rate for computer equipment is that many owners of the equipment do not have serial numbers available at the time the theft is reported. Another area of concern is the theft and sale of compact discs. The Brooklyn Center Police Department has investigated 74 thefts of compact discs ftom January 1, 1997 through November 5, 1997. The total value of loss is $23,500. 30 of the 74 cases involved a theft of over 20 compact discs, and of those 30 cases, three cases involve the theft of over 100 compact discs. The highest loss in any single case was 200 compact discs valued at $3,000. The increased popularity of compact disc players in motor vehicles has resulted in a significant increase in the theft of compact discs. Compact discs are an item that are difficult to trace as they have no serial number or distinct markings from the manufacturer. It is important that the pawn shop /second hand ordinance regulates transactions over a certain amount of money or number of compact discs. Memorandum • Michael McCauley Page 2 There have been 14 cases from January 1, 1997 through November 5, 1997 where compact discs have been recovered. Of these 14 cases, three involve the recovery of more than 20 compact discs. The total value of recovered compact discs is $1,483. Police calls for service at Cash n Pawn and Funcoland are not excessive for commercial /retail properties. Calls for service from January 1, 1997 through November 5, 1997 showed 24 calls of service to Cash n Pawn. Five of the 24 calls were for the recovery or confiscation of stolen property. Funcoland had nine calls for service in the same time period none of which were for the recovery of property. My staff and I are currently reviewing the revisions to the pawn shop /secondhand ordinance and will make recommendations in the near future. SK:kh pawnord i .mem • Kennedy 1 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone • (612) 337 -9310 fax e -mail: atrys@kennedy- graven.com CHARTERED CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 October 22, 1997 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: Pa�i, Ordinance Dear Mike: Attached is a proposed amendment to the City's pawnshop and secondhand goods ordinance. Many of the changes to the ordinance have been made to conform to recent changes in state law relating to the regulation of pawnshops. In addition to these "housekeeping" changes, changes have been made to the requirements of the ordinance for consignment Th q c sales. e attached amendment fin "consignment de es hou dea ler s" , se and limits the record keeping requirement applicable to such dealers by exempting them from the requirement of maintaining a photographic record and the requirement of making daily reports to the police department. Additionally, the ordinance adds a number of categories of sale which are exempt from the ordinance. These include: I. Sales at public markets such as a flea market. 2. 1 Sa es of furniture, excluding electronic devices. 3. Sales of clothing provided no new clothing is sold. 4. Sales of recycled motor oil. 5. Sales by charitable organizations selling donated goods. 6. Sales of bona fide antiques or collectibles. Mr. Michael McCauley • October 22, 1997 Page 2 7. Sales of used books and magazines. 8. Sales of sporting goods. 9. Resale of merchandise returned to the seller after an initial sale by the seller. 10. Sales of used toys. 11. Sales of musical instruments. Two other categories of sales were considered for exemption. These were the sale of CDs and sales of computer games. The police department felt strongly that these two categories of transactions should not be excluded from the ordinance because they are frequent subjects of theft, particularly in the case of CDs. In the case of computer games, it was found that one business engaged in this activity, Funco Land, already complies with most of the record keeping requirements in the ordinance. Therefore, leaving computer games sales as a type of transaction which is subject to the ordinance should not impose an unreasonable hardship on existing businesses. Additionally, some of these computer games have substantial value. I understand that the police department will be submitting a report describing the rationale for continuing to make these kinds of businesses subject to the ordinance in a separate report. If, after considering the information provided by the police department, the City Council decides that the regulations relating to CDs, computer games, or any other types of businesses should not be subject to the ordinance, several options are available. These include exempting the business from the ordinance altogether, relaxing the record keeping requirements (as the attached ordinance does for consignment sales), or exempting certain transactions from the ordinance (such as exempting purchases of CDs when the transaction involves less than a specified sum of money). Finally, a number of changes have been made at the suggestion of the police department. Those include the following: 1. Section 5, amending Code Section 23 -619, imposes the obligation for licensed pawn shops and secondhand goods dealers to submit daily computerized records of all transactions to the police department. 2. Section 6, amending Code Section 23 -620, prohibits the receipt of any goods from which a serial number or other such identification number has been removed or altered. s Mr. Michael McCauley • October 22, 1997 Page 3 3. Section 7, amending Code Section 23 -621, requires secondhand goods dealers to hold property for 30 days (90 days in the case of firearms), prior to sale. The holding period for pawned items is 120 days. This is consistent with the existing provision of the city code found at Section 23 -628. State law requires property to be held for 60 days. Therefore, this provision is more restrictive than state law requires. 4. Section 10, amending Code Section 23 -629, allows payment to be made by cash for secondhand goods transactions involving less than $100. If you have any questions about any of these matters, please feel free to give me a call. Very truly yours, C�. Charles L. LeFevere CLL:lh Enclosure DRAFT CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1997, at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 23 regarding the regulation of pawnshops and secondhand goods dealers. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 569 -3303 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE REGULATION OF PAWNSHOPS AND SECONDHAND GOODS DEALERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center Code, Section 23 -601 is amended as follows: Section 23 -601. DEFINITIONS. For the purpose of Sections 23 -601 through 23 -633, the terms defined in this section have the meanings given them. 1. Pawnbroker means a person who loans money on deposit or pledge of personal property, or other valuable thing, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part so mortgaged. 2. Secondhand Goods Dealer means a person whose regular business includes selling or receiving tangible personal property (excluding motor vehicles) previously used, rented, owned or leased. I Consignment House Dealer means a person whose regular business includes r--eceiviniz. but not purchasing tangible property with the intention to sell the property and divide the proceeds with the owner. Section 2. Brooklyn Center Code, Section 23 -602 is amended as follows: Section 23.602. EXEMPTIONS. Sections 23 -601 through 23 -633 shall not apply to or include the following: 1. The sale of secondhand Goods where all of the following are present. 38 18 0 7 2 91 BR291 -4 1 D RAFT a. The sale is held on property occupied as a dwelling by the seller or owned, rented or leased by a charitable or political organization; b. The items offered for sale are owned by the occupant; C. That no sale exceeds a sale of 72 consecutive hours; d. That no more than four (4) sales are held in any 12 -month period; e. That none of the items offered for sale shall have been purchased for resale or received on consignment for the purpose of resale. 2. The sale of goods at an auction held by an auctioneer. 3. The business of buying or selling only those secondhand goods taken as part or full payment for new goods and where such business is incident to and not the primary business of a person. 4. A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or goods sold at open sale from bankrupt stock. 5. Goods sold at an exhibition, providing the exhibition does not last longer than ten days in any twelve month period. • 6. Sales by a licensed automobile dealer unless the motor vehicle is taken in a pawn transaction 7. Firearms, including antique firearms, sold by firearms dealers holding current valid federal firearms dealer licenses permitting them to deal in such sales. 8. Sales made by the sheriff or other public officials in the discharge of their official duties. 9. Sales made by assignees or receivers appointed in this .state to make sales for the benefit of creditors. 10. Sales at public markets such as a flea market. 11. Sales of furniture, excluding electronic devices. 12. Sales of clothing provided no new clothing is sold. 13. Sales of recycled motor oil. Cl L13 • 3291 -807 �R29? -1 DR AFT 14. Sales by charitable organizations selling donated og ods. • 15. Sales of bona fide antiques or collectibles. 16. Sales of used books and ma azines. 17. Sales of sporting_ goods. 18. Resale of merchandise returned to the seller after an initial sale by the seller. 19. Sale of used tovs. 20. Sale of musical instruments. Section 3. Brooklyn Center Code, Section 23 -613 is amended as follows: Section 23 -613. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the city or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. If the premise is located within 300 feet of a school or church; • C. Where operation of a licensed premise would violate zoning ordinances ef; d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed: -or: e. Established as a pawnshop after April 2. 1996, which is within ten (10) driving miles of anv Qambling casino. Section 4. Brooklyn Center Code, Section 23 -618 is amended as follows: Section 23 -618. RECORDS. A licensed secondhand goods dealer and pawnbroker, at the time of receipt of an item, must immediately record, in ink or other indelible medium, in the English language, in a book or word processing unit, the following information: a. � i A complete and accurate description of the item including, but not limited to, any trademark, identification number, serial number, model number, brand name and/or other identifying mark(s) on such item; • 3R L1 807 1 - 38291 -4 3 DRAFT b. The purchase price; • C. Date, time and place of receipt; d. Name, residence address, residence phone number and date of birth and a description including sex, race, and approximate height of the person from whom the item was received; e. The identification number from any of the following forms of identification of the seller; (1) Valid picture driver's license; (2) Official state photo identification, passport or military I.D. f. The books, as well as the goods received, must be open for inspection by the police department during business hours. The records required by this subsection must be stored and maintained by the licensee for a period of at least three (3) years. g. A secondhand goods dealer (other than a consignment house dealer) or pawnbroker must, at the completion of any transaction, make a photographic record of the seller, the identification used, and the transaction receipt using a split image photographic device. A video record of the seller, the identification used, and the transaction receipt may be used in place of a photographic record, provided the video recording device produces a clear image of at least five (5) seconds in duration. All ID's and receipts must be legible when printed and must bear the date of the transaction. The exposed film or video tape used to record these transactions must be retained for a minimum of one year after the date of the last transaction recorded. It must be turned over to an authorized Peace Officer, upon demand, at any time during the retention period. h. If a pawn transaction, the amount due and maturity date and monthly and annual interest rate, includiniz all pawn fees and charges. Section 5. Brooklyn Center Code, Section 23 -619 is amended as follows: Section 23 -619. DAILY REPORTS. b ' , depaAment, and send daily by mail or- eeufier- to the peliee depaFtmeat, a legible deser-iption e the b b b Lj o£ _the individual ffe ffi w th e gee were feeeived.- CLL131807 • 3R291 -4 4 DRAFT a. items Aith a serial number-, @F ether- peFseaal ideatifieatien number- er- s J + ♦ 111 V l sLiri'I STCTIl'IOV I' ^eZ TfI'11� C�:I1�iZTICCT h a ye 1"� n .all • �e�r ed el�li+err. i.�d. ef r 7 li 7 CTQ1ZGi� a. Pr e or- gem a d pr-eeieus metalst f G uns `i f• ri/ , 11V1 t he JVVVll\.111GLL1\,L good dealer sell for- ° than $200, A computerized record of all transactions (except consignment house dealer transactions) must be submitted to the olice department on a daily basis. The computerized records must be P p y P compatible with the computer system used by the Brooklyn Center Police Department All items received must be reported on the computer system • Section 6. Brooklyn Center Code, Section 23 -620 is amended as follows: Section 23 -620. STOLEN GOODS AND IDENTIFICATION MARKINGS A licensed pawnbroker or secondhand goods dealer must report to the police any article pledged or received, or sought to be pledged or received, if the licensee has reason to believe that the article was stolen or lost. A licensed pawnbroker or secondhand goods dealer may not receive items from which a serial number, or other personal identification number or symbol has been or may have been, removed, altered or obliterated Section 7. Brooklyn Center Code, Section 23 -621 is amended as follows: Section 23.621. HOLDING. An item received by a seeendhedid - ,^ °as dealer pawnbroker fef whieh c ; e to t h e 1;°° • a cY.. �o -��;� ��� may not be sold or otherwise transferred for a period of 4?120 days after the date of sue repeFt to the ^^"e °re__ ceipt However, an individual may redeem an item pawned 72 hours after the item was received on deposit, excluding Sundays and legal holidays. An item received by a secondhand goods dealer may not be sold for a period of 30 days after receipt Firearms acquired by a secondhand goods dealer may not be sold for a period of 90 days after receipt • C 2 9 807 1- BR291 -4 L) ry pt. Section 8. Brooklyn Center Code, Section 23 -622 is amended as follows: Section 23 -622. RECEIPT. A licensed secondhand g oods dealer or pawnbroker must provide a receipt to the seller or consignor of any item which includes: a. The full name, residence address, residence telephone number, and date of birth of the pledger or seller. ab. The address and telephone number of the business; bc. The date and time of pawn or purchase transaction cd. A complete and accurate description of the items purchased including model and serial number if indicated on the property de. The purchaser's or co- signee's signature. f. The identification number, state of issue and type of identification provided by the pledgor or seller. R. A description of the pledger including approximate height sex and race h. The amount paid or advanced. i. In the case of Sawn transactions the maturity date and amount due and the monthly and annual interest rates including all pawn fees and charges L In addition in the case of pawn transactions the following statements shall be printed on the receipt: impersonal property_ pledged to a pawnbroker within this state is subject to sale or disposal when there has been no payment made on the account for a of not less than 120 days past the date of the pawn transaction, renewal, or extension; no further notice is necessary_ There is no obligation for the pledgor to redeem pledged goods." ii "The pledgor of this item attests that it is not stolen, it has no liens or encumbrances against it, and the pledgor has the right to sell or pawn the item." iii "This item is redeemable only by the pledgor to whom the receipt was issued, or anv person identified in a written and notarized authorization to redeem the property identified in the receipt, or a person identified in writing by the pledgor at the time of the initial transaction and signed by 9R291 -4 6 the pledgor. Written authorization for release of property to persons other • than the original pledgor must be maintained along with the original transaction record." Section 9. Brooklyn Center Code is amended by adding new Section 23 -624.1 as follows: Section 23- 624.1. MOTOR VEHICLE TITLE PAWN TRANSACTIONS. Subd. 1. In addition to the other requirements of this section a pawnbroker who holds a title to a motor vehicle as part of a pawn transaction shall: a. be licensed as a motor vehicle dealer under Minnesota Statutes section 168.27 and post such license on the pawnshop premises; b. verify that there are no liens or encumbrances against the motor vehicle with the department of public safety; C. verify that the pledgor has automobile insurance on the motor vehicle as required by law. Section 10. Brooklyn Center Code, Section 23 -626 is amended as follows: Section 23 -626. PROHIBITED ACTS AND SIGNAGE • Subdivision 1. Minors: A minor may not sell or consign, or attempt n t to sell or consign, Y n g� P g, goods with a secondhand goods dealer or pawnbroker. A secondhand goods dealer or pawnbroker may not receive goods from a minor. Subdivision 2. Others: A secondhand goods dealer or pawnbroker may not receive any goods from a person of unsound mind or an intoxicated person. Subdivision 3. Identification: A secondhand goods dealer or pawnbroker may not receive goods, unless the seller presents identification in the form of a valid picture driver's license or official state photo identification, United States passport or military I.D. Subdivision 4. Ownership: No person may pawn sell or deposit any article of property that is not their own. Subdivision 5. State Statutes: In the case of pawn transactions violation of Minnesota Statutes. Chapter 3253 is a violation of this section. Subdivision 6. Signage• A sign must be conspicuously posted on each licensed premises that is not less than four feet square in surface area comprised of lettering not less than 3/4" high stating the following BR291 -4 7 DRAFT To pawn or sell property • A. You must be at least 18 years of age. B. You must be the true owner of the property. C. The property must be free of all claims and liens. D. You must present valid photo identification. E. Violation of any of these requirements is a crime. Section 11. Brooklyn Center Code, Section 23 -628 is amended as follows: Section 23 -628. REDEMPTION. A person who pawns an item shall have at least 120 days to redeem the item before it may be sold. Redemption and effect of nonredemption shall otherwise be governed by Minnesota Statutes Chapter 325J. Section 12. Brooklyn Center Code, Section 23 -629 is amended as follows: Section 23 -629. PAYMENTS BY CHECK. When a seeendhaad goods dee4er- or- pawnbroker makes payment for an item pledged or received at the license place of business, payment must be made by check, made payable to the named payee, who is actually the intended seller. When a secondhand goods dealer makes payment in an amount greater than one hundred dollars ($100) for an item or items received from a single seller at the licensed dace of business payment must be made by check, payable to the named payee who is actually the intended seller. • Section 13. Brooklyn Center Code, Section 23 -630 is amended as follows: Section 23 -630. INSPECTIONS. Any peace officer or a properly designated employee of the city or the state of Minnesota may enterer and search business premises licensed under this section, or offsite storage facilities of the licensee, during normal business hours, without a warrant for the purpose of inspecting such premises and the records and articles therein Section 14. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. BR2 °1 -4 8 URAFT Adopted this day of 1997. Mayor ATTEST - Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) • BR291 1907 9 3R291 -4 7