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HomeMy WebLinkAbout1996 08-26 CCP Regular Session • CITY COUNCIL AGENDA Public Copy CITY OF BROOKLYN CENTER August 26, 1996 1. Call to Order 2. Roll Call 3. Moment of Silence 4. Council Report 5. 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. August 12, 1996 - Regular Session b. An Ordinance Amending Chapter 25 of the City Ordinances Relating to Closure of Streets for Block Parties; Adding New Sections 25 -901 through 25 -908 -This ordinance is offered for a first reading. C. Requests for Proposals for Banking & Financial Services d. Agreement for School Liaison Officer Between City of Brooklyn Center and Independent School District #286 e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. DST 08/26/96) f. Resolution Accepting Quote and Awarding Contract for Improvement Project No. 1996 -08, Sewer Relining, Logan, James and Knox Avenues Utility Reconstruction g. Resolution Accepting Quotes and Awarding Contracts, Lighting Improvements at Evergreen and Kylawn Parks • CITY COUNCIL AGENDA -2- August 26, 1996 h. Resolution Approving an Amendment to a Joint Powers Agreement Relating to Certain 1987 Mortgage Revenue Bonds to Provide for the Recycling of Program Monies i. Resolution Accepting Final Report and Expressing Appreciation for the Members of the Brooklyn Center Ad Hoc Communications Task Force j. Resolution Approving Final Plat - CROSS OF GLORY 2ND ADDITION -This plat received preliminary approval by the City Council at the May 28, 1996, meeting and is presented tonight for final approval. k. Licenses 6. Open Forum 7. Council Consideration Items a. Resolution Amending City Council Handbook Regarding Order of Business - Requested Council Action: - Motion to adopt resolution. • b. Resolution Commending the Winners of the 1996 Citywide Landscape and Garden Contest - Requested Council Action: Motion to adopt resolution. C. Resolution Providing for the Issuance and Sale of $1,440,000 General Obligation Improvement Bonds, Series 1996A - Requested Council Action: - Motion to adopt resolution. d. Resolution Reprogramming 1996 Urban Hennepin County Community Development Block Grant Funds From Scattered Site Redevelopment Project to 53rd Avenue Redevelopment Project - Requested Council Action: - Motion to adopt resolution. e. Set Dates for Council Work Sessions - Requested Council Action: - Motion to set dates for Council work sessions for September 23 and September 30, 1996, 5:30 p.m., City Hall. • CITY COUNCIL AGENDA -3- August 26, 1996 • f. Proclamation Declaring the Week of September 17 through 23, 1996, as Constitution Week - Requested Council Action: - Motion to proclaim the week of September 17 through 23, 1996, as Constitution Week. g. Resolution Electing to Continue Participating in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act - Requested Council Action: - Motion to adopt resolution. h. Staff Recommendation Regarding Mechanical License for Rapid Heating and Air Conditioning - Requested Council Action: - Motion to deny issuance of mechanical license for Rapid Heating and Air Conditioning. i. Resolution Adopting Goals for 1996 and 1997 - Requested Council Action: - Motion to adopt resolution. • 8. Adjournment • • CITY COUNCIL AGENDA -4- August 26, 1996 EDA AGENDA CITY OF BROOKLYN CENTER August 26, 1996 7 p.m. 1. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes - Commissioners not present-at meetings will be recorded as abstaining from the vote on the minutes. 1. August 12, 1996 - Regular Session 4. Commission Consideration Items a. Resolution Authorizing Acquisition of Certain Real Property Within the City of Brooklyn Center Located at 714 - 53rd Avenue North and Authorizing Executive Director to Negotiate a Purchase Agreement for Acquisition of the Property *Requested Commission Action: - Motion to adopt resolution. 5. Adjournment DRA MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 12, 1996 CITY HALL CALL TO ORDER 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, Kristen Mann, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley, Director of Public Services Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary Connie Beckman. MOMENT OF SILENCE A moment of silence was observed. COUNCIL REPORT Mayor Kragness acknowledged the National Night Out celebration and expressed appreciation to all who contributed to its success. Mayor Kragness extended an invitation to Brooklyn Center residents for the Friendship Games (between Brooklyn Center and Brooklyn Park) to be held on Sunday, August 18, 1996, from 2 -5 p.m. at the Edinbrook School. Mayor Kragness announced the appointment of Walter Bursch to the Brooklyn Center Charter Commission. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Nichols and seconded by Councilmember Mann to approve the August 12, 1996, agenda and consent agenda passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Nichols and seconded by Councilmember Mann to approve minutes of the July 1, 1996 - Special Work Session; July 15, 1996 - Special Work Session; and July 22, 1996 - Regular Session as printed passed unanimously. APPOINTMENT OF ELECTION JUDGES TO SERVE IN PRIMARY AND GENERAL • ELECTIONS 08/12/96 _ 1 _ DRAFT A motion by Councilmember Nichols and seconded by Councilmember Mann to approve the list of • individuals qualified to be election judges passed unanimously as follows: Precinct 1 Precinct 2 Deloris Cooper, Chair Roger Johnson, Chair Cheryl Bjorlie Helen Bailey Don Gillquist Clarence Beadles Ray Hokenson Kathleen Ditter Pat Hotchkiss Marjory Hamilton Joyce Lindquist Vickie Harris Dorothy Nyberg Lois Holmes Mary Thiebault Donna Jennrich Mary Warne McKevha Thomas Boyd Will Kate Warne Precinct 3 Precinct 4 Ann Bystrom, Chair Rosie Teas, Chair Elizabeth Beadles Ardis Fairchild Charlotte Chermak Virginia Johnson Gladys Clasemann Warren Lindquist Paul Differ Joyce Nelson Arlene Gillquist Roger Peterson Carolyn Green Joann Reavely • Margaret Harris Selma Ryan Barbara Hokenson Marjorie Silver Greg Larson Luella Torrence Richard Mero Precinct 5 Precinct 6 Earl Larsen, Chair Catherine Wetzel, Chair Lois Froebel Doris Boyum Lorraine Halter Doris Chapman Delores Olson Lora Jefferson James Tobias Arlene Olson Gloria Voeltz Beth Rygh Jean Ward Jim Skare Violet Zumwinkle Margit Sovde Leontine Torkelson E. Margaret Trautwein 08/12/96 -2- Precinct 7 Precinct 8 • Mona Hintzman, Chair Trudi Gores, Chair John Andraschko Anne Bergquist Carol Benkofske Elizabeth Olson Karen Bolstad Ernie Olson Kay Brosseau Ethel Pettman Wendy Erklouts Jim Roberts Marion Gagnon Ralph Saline Joyce Gebhardt William Zieska Susan Heisler Eva Tobias Shirley Moore Angie Olson Standb Judges Tracy Tyler Absentee Jud_es Russell Bankson Betty Dudley Lillian Hetchler Judy Keranen Imelda Mayleben Barbara Sexton Dale Velander Robert Warnberg • PROCLAMATION _ N )ECLAIZING OCTOBER 26 1996 AS MAKE A DIFFERENCE DAY A motion by Councilmember Nichols and seconded by Councilmember Mann to proclaim October 26, 1996, as Make A Difference Day passed unanimously. RESOLUTION NO 96 -150 Member Charles F. Nichols, Sr. introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE THIRD PARTY AGREEMENTS FOR THE 1996 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96 -151 Member Charles F. Nichols, Sr. introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 08/12/96) 08/12/96 -3 - 1)" R A F T The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. , RESOLUTION NO. 96 -152 Member Charles F. Nichols, Sr. introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, B &G REALTY 1ST ADDITION (DENNY'S RESTAURANT) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96 -153 Member Charles F. Nichols, Sr. introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED, AND APPROVING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1996 -09, CONTRACT 1996 -A, SEALCOAT The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. TEMPORARY ON-SALE LIQUOR LICENSE FOR CHAMPP' S AMERICANA • A motion by Councilmember Nichols and seconded by Councilmember Mann to approve a temporary on -sale liquor license for Champp's Americana passed unanimously. RESOLUTION NO. 96 -154 Member Charles F. Nichols, Sr. introduced the following resolution and moved its adoption: RESOLUTION CONGRATULATING DAYTON'S BROOKDALE ON ITS 30TH ANNIVERSARY The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. LICENSES A motion by Councilmember Nichols and seconded by Councilmember Mann to approve the following list of licenses passed unanimously: AMUSEMENT DEVICES - OPERATOR Ithaca Restaurant, Inc. d/b /a Rookies Bar & Grill 1501 Freeway Blvd. 08/12/96 -4- • 4 UhAtm I AMUSEMENT DEVISES - VENDOR • Marcus Vending, Inc. 1945 Lochaven Place GARBAGE AND REFUSE COLLECTION VEHICLES Super Cycle, Inc. 775 Rice Street MECHANICAL SYSTEMS Columbia Building Services, Inc. 2020 Broadway St. NE E.L.K. Mechanical HVAC Inc. 15940 Radium St. RENTAL DWELLINGS Initial: Carol Cichocki 3300 66th Ave. N. Renewal: Town's Edge Properties Brookhaven Apartments James Ferrara 6031 Brooklyn Blvd. Charles and Maribel Hokanson 5308 Emerson Ave. N. Paul Hinck 4715 France Ave. N. Delores Hanson 7210 Perry Court E. SIGN HANGER • Kaufman Sign Company 1622 Central Ave. NE Redwood Signs 108 West Broadway OPEN FORUM Jim McCloskey, 8534 Riverview Lane, Brooklyn Park, addressed the Council regarding discontinuance of the invocation at regular Council meetings. He shared a position statement formulated by members of the Brooklyn Center Prayer Breakfast Committee. Copies of the position statement were distributed to Council members. Councilmember Nichols suggested members of the Prayer Breakfast Committee meet with Council during a work session to offer any input regarding an invocation. A specific date will be determined accordingly. Councilmember Hilstrom clarified the invocation has not been discontinued altogether, but just for the interim until Council review. PUBLIC HEARING AN ORDINANCE AMENDING ORDINANCE NO 94 -21 REGARDING COUNCIL SALARIES FOR 1997 -1998 The City Manager informed the Council that approval of the ordinance would take Council salaries to the median, reflecting an overall increase of $300 in 1997 and another 2.75 percent increase in 1998. • 08/12/96 -5 - DRAFT . A motion by Councilmember Mann and seconded by Councilmember Carmody to open the public hearing at 7:08 p.m. passed unanimously. PUBLIC INPUT No public input was offered. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the public hearing at 7:10 p.m. passed unanimously. ORDINANCE NO. 96 -11 Member Charles F. Nichols, Sr. introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING ORDINANCE NO. 94-21 REGARDING COUNCIL SALARIES FOR 1997 -1998 The motion for the adoption of the foregoing ordinance was duly seconded by member Kristen Mann and passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NOS. 96009 AND 96010 SUBMITTED BY PHILLIPS 66 COMPANY The City Manager provided introductory information regarding the applications at hand. He • explained a Special Use Permit and Site and Building Plan approval (along with a Variance) were granted in 1993, however, nothing ever transpired after demolition of the existing service station in 1994. The applications at hand consist of a revised plan for a gas station/convenience store with no car wash. The City Attorney explained the Special Use Permit process and informed the Council of its decision options and their accompanying legal implications regarding the variance approval. The Planning and Zoning Specialist explained to Council that the applications at hand would need to receive joint approval; one could not be approved without the other. He provided verbal and overhead transparency information for review by Council which included a map, diagram of the modified plan, and landscaping. Implications related to the burden of responsibility associated with future construction on 69th Avenue for the purpose of redevelopment were discussed. Councilmember Mann asked if the applicant understood the future construction that would be taking place on Brooklyn Boulevard and 69th Avenue by the County to place medians and the implications for the site. John Bannigan, attorney for Phillips 66, replied that his client was aware of the plans. The issue was raised about signage and possible indicators of entrapment. Clarification was offered by the City Manager and City Attorney; Hennepin County oversees signage on 69th Avenue whereas 08/12/96 -6- • 6 DRAFT other signage on the plot itself is overseen by Brooklyn Center. Mr. Bannigan was satisfied with the • information provided and did not foresee any issues with Brooklyn Center regarding signage. Councilmember Nichols questioned suitability of the south access in/out of the business during construction of 69th Avenue (beginning Spring 1997 and lasting throughout the construction year). Mr. Bannigan was not concerned indicating reasonably, suitable access would legally need to be provided to the business. Councilmember Hilstrom inquired the length of construction time for the business. Mr. Bannigan responded construction would be completed within thirty days from issuance of the permit. Councilmember Carmody inquired about, drainage of water from the business. The Planning & Zoning Specialist indicated water drainage would occur from the west end towards the entrance with a trench drain. A motion was made by Councilmember Mann and seconded by Councilmember Carmody to approve the applications at hand. Further discussion/comment ensued. Councilmember Carmody expressed concern with the plan questioning whether an actual building would be built given previous approval in 1993, and then a vacant, boarded up building remained on the premises for a year. She would vote in favor, but with noted protest. Councilmember Hilstrom noted she would also vote in favor with protest, indicating approval of • such a project did not accurately reflect the future plans for redevelopment of 69th Avenue. Councilmember Nichols concurred he was voting in favor under protest given safety issue concerns. Councilmember Carmody strongly encouraged Staff to enforce zoning and/or safety issues associated with this project. Councilmember Mann stated that the conditions were met by the applicant as they had been previously. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve Planning Commission Application No. 96009 submitted by Phillips 66 Company subject to the following conditions recommended by the Planning Commission: 1. 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. S 08/12/96 -7- DRAFT 4. Any outside trash disposal facility and rooftop 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 guarantee. 10. A Special Use Permit is granted to Phillips 66 Company for a gas station/convenience store at 6901 Brooklyn Boulevard as contained in the plan submitted. Any expansion or alteration of the use shall require an amendment to this Special Use Permit. . 11. The Special Use Permit is subject to all applicable codes, ordinances and regulations. any violation thereof shall be grounds for revocation. 12. The plans shall be modified prior to the issuance of building permits to indicate: a. A concrete surface rather than rock mulch along the westerly side of the building between the building wall and screen fence. b. The relocation of four parking stalls along 69th Avenue North so that a minimum 5' greenstrip is provided. -c. The elimination of 1 parking space at the southwesterly portion of the site. I The elimination of 1 parking space at the northeasterly part of the site and the replacement of that parking space with landscaping. e. The elimination of decorative lighting and a 10" illuminated stripe along the westerly building elevation. Addition of low -level motion lighting for 08/12/96 -8- • 8 DRAFT security purposes on the westerly side of the property, provided it is mounted less than 8 feet above ground level. f. The relocation of all landscaping so that it is contained within the boundary of the property and not located in the boulevard right -of -way area. g. The addition of 3 Black Hills Spruce trees on the north side of the building in the sodded area. h. Responsibility for elimination of the gate and maintenance of the fence on adjacent property at the northwest corner of the site. 13. Approval of this Application is contingent on the approval of Planning Commission Application No. 96010 authorizing a variance from the greenstrip requirements contained in the Zoning Ordinance. 14. The applicant acknowledges that driveways serving the site will be restricted to right- in/right -out only movements with future proposed roadway improvements. 15. The access on 69th Avenue North will align with the Post Office driveway on the opposite (south) side. • 16. The northeasterly access on Brooklyn Boulevard will be immediately restricted to right in, right out. A "no left turn" sign must be erected at that location. The motion passed unanimously. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve Planning Commission Application No. 96010, submitted by Phillips 66 Company, for a variance from Section 35 -700 of the Zoning Ordinance to allow less than a 15' greenstrip along 69th Avenue North and along Brooklyn Boulevard, based on a prior approval of a comparable variance and the fact that the site is an irregularly shaped parcel and to deny the variance would create a hardship to the applicant in that they would not be able to development the property in a reasonable manner. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 96012 SUBMITTED BY T.G.I. FRIDAYS INC The City Manager explained the application at hand was for rezoning of a 13.09 acre site. The site is bounded on the north by Shingle Creek and the Shingle Creek greenstrip easement area; on the east by the Schmitt Music property; on the south by Freeway Boulevard with 1 -94 right -of -way on the opposite side; and on the west by the Shingle Creek Plaza II office /industrial building. The Planning & Zoning Specialist provided overhead map transparencies of the project. 08/12/96 -9- DRAFT Councilmember Mann inquired whether the watershed management plan has already been approved. The Planning & Zoning Specialist responded affirmatively adding the plan has been slightly altered. Councilmember Hilstrom inquired when construction would begin the on the project. Philip Trice, Project Manager, responded construction would begin within sixty days of permit approval. The Planning & Zoning Specialist talked about two recommendations put forth by the Planning Commission in the form of a Council Resolution regarding the disposition of the application. The Council Resolution contains six reasons and rationale for rezoning of the property with the remainder of the resolution containing recommended conditions. Councilmember Hilstrom stated that originally she was concerned about another hotel; however, she has talked with the City Manager regarding occupancy levels at the City's other hotels. She also discussed with the City Manager that the TIF monies are not being used for the plan but simply being used for the movement of the City sewer. The City Manager added that approval of the project, given the nature of the land and design analysis results, is in the City's best interest. RESOLUTION NO. 96 -155 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 96012 SUBMITTED BY T.G.I. FRIDAY'S, INC. • The motion for the adoption of the foregoing resolution was duly seconded by'member Kathleen Carmody and passed unanimously. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (T.G.I. FRIDAY'S INC /COUNTRY INN AND SUITES A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve the first reading of An Ordinance Amending Chapter 35 of the City Ordinances Regrding the Zoning Classification of Certain Land (T.G.I. Friday's /Country Inn and Suites) passed unanimously. PLANNING COMMISSION APPLICATION NO 96013 SUBMITTED BY THE CROSS OF GLORY LUTHERAN CHURCH The City Manager introduced the application at hand explaining it includes Site and Building Plan approval and a Special Use Permit to construct a 6,810 square foot fellowship hall addition to the Cross of Glory Lutheran Church located at 5929 Brooklyn Boulevard. The Planning & Zoning Specialist provided overhead transparencies of the project. Approval of the application would allow for creation of an addition which would include a fellowship hall, kitchen, and entrance to the church. As well the proposal would allow for some remodeling to add bathrooms and a new elevator. Also included in the project would be elimination of some landscaping; 08/12/96 -10- DRAFT subdivision of the property to create three new single family lots adjacent to Ewing and 58% Avenue • North; and modified parking. He also explained "special use" status in an R -1 zone. Councilmember Nichols inquired why intersections at 57th Avenue & Lyndale, and Dupont & 57th Avenue would be closed and for how long. The Director of Public Services responded closure of these intersections is related to the construction project on 57th Avenue and its being done in two stages. The length of closure will last until the end of September. Mayor Kragness inquired whether construction review letters have been sent out. The Director of Public Services responded general information letters will be sent to residents directly affected by the project. There was a motion by Councilmember Carmody and seconded by Councilmember Nichols to approve Planning Commission Application No. 96013 submitted by the Cross of Glory Lutheran Church subject to the following conditions recommended by the Planning Commission: 1. The Special Use Permit is granted for the expansion of the Cross of Glory Church for a fellowship hall, kitchen and entry area. The use may not be altered or expanded beyond the specific approval without being consistent with the City's zoning regulations or an amendment to the Special Use Permit. 2. Building plans for the remodeling expansion project are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 4. 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. 5. Any outside trash disposal facilities and/or rooftop mechanical equipment shall be appropriately screened from view. 6. The building addition 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 Ordinance as determined by the Building Official. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 08/12/96 DRAFT 8. B -612 curb and gutter shall be provided around the altered parking and driving areas. 9. The replat of the property shall receive final approval by the City Council and filed with Hennepin County prior to the issuance of permits for this property. 10. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. The motion passed unanimously. COUNCIL CONSIDERATION ITEMS SET DATES FOR COUNCIL WORK SESSIONS A motion by Councilmember Carmody and seconded by Councilmember Mann to set Council Work Sessions dates as follows passed unanimously: August 19, October 7, and October, 21, 1996, at 7 p.m. to be held at City Hall. Councilmember Hilstrom commented it would be appropriate for Council to discuss the invocation and desired guidelines; then, hold a meeting with the Prayer Breakfast Committee. Council members concurred. SUMMARIZE CONCLUSIONS REGARDING CITY MANAGER PERFORMANCE EVALUATION Mayor Kragness gave a brief summary of the City Manager's performance evaluation. She informed residents overall results of the six -month review were good and that he has done an excellent job regarding the five criterion goals established by Council. RAPID HEATING & AIR CONDITIONING Duane Biddle, owner of Rapid Heating & Air Conditioning, approached the Council regarding his application for a mechanical license. The City Manager responded appropriate paperwork was not submitted, therefore, Mr. Biddle's license would be up for renewal at the Council's August 26, 1996, meeting. The City Manager apologized for any inconvenience caused and suggested Mr. Biddle contact the Director of Community Development for any clarification. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Nichols to adjourn the meeting at 8:15 p.m. passed unanimously. City Clerk Mayor 08/12/96 -12- • KENNEDY & GRAVEN -5b CHARTERED AthKners at Law JAMES J. THOMSON 470 Pillsbury Center, Minneapolis, Minnesota 55402 LARRY M. WERTHEIM BERT A. AI sop (612) 337 -9300 BONNIE L WILKINS - CE M. BA "I'rcRSON JOE Y. YANG ONALD H. BATTY Facsimile (612) 337 -9310 — STEPHEN J. BUBI;I. DAVID L. GRAVEN (1929 -199) JOHN B. DEAN DANIEL J. GRF.ENSWEIG - - DAVID J. KENNEDY OF COUNSEL CHARLES L. LEFEVERE ROBERT C. CARLSON JOHN M. LEFEVRF. JR. WRITER'S DIRECT DIAL ROBERT L. DAVIDSON ROBERT J. LINDALL t6t "t 137 -9,15 WELLINGTON H. LAW ROBERT C. LUNG FLOYD B. OLSON JAMES M. STROMMEN CURTIS A. PEARSON CORRINE II. THOMSON T. JAY SALMEN August 19, 1996 Mike McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 • RE: Block Party Ordinance Dear Mike: Attached is a revised draft Block Party Ordinance incorporating the changes outlined in your letter of August 13, 1996. Please let me know if you have any questions or comments. Very truly yours, Charles L. LeFevere CLL:cmm Enclosure • cLLio. 1111 ER2? L -4 • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1996, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 25 of the City Ordinances Relating to Closure of Streets for Block Parties; Adding New Sections 25 -901 through 25 -908. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY ORDINANCES RELATING TO CLOSURE OF STREETS FOR BLOCK PARTIES: ADDING NEW SECTIONS 25 -901 THROUGH 25 -908 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 25 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding the following: PERMITS FOR BLOCK PARTY STREET CLOSURES Section 25 -901 BLOCKING STREETS UNLAWFUL It shall be unlawful for any person to erect barricades close. block or restrict the flow of through traffic on any public street in the City for the purpose of conducting a block party without first securing a permit pursuant to Sections 25 -902 through 25 -908 from the Brooklyn Center Chief of Police or the designee of the Chief of Police Section 25 -902 APPLICATIONS FOR PERMITS Applicants for a permit shall no less than 14 days prior to the date of the proposed block party provide the following information in a form determined by the Chief of Police: 1. Date place time and location of the block par and a description of how the applicants intend to close or restrict traffic to the street during the block party. 2. Whether alcohol will be served at the block part3 3-- Whether live music or any amplification equipment will be present at the proposed block party • ORDINANCE NO. 4. The names telephone numbers and addresses of the individuals who will be responsible for planning conducting and cleaning up after the block party 5. Signatures of residents of at least seventy -five percent (75%) of the addresses on the street to which traffic will be closed or restricted such signatures indicating consent to the street closure or restriction L The name telephone number and address of the individual responsible for barricades required by Section 25 -904 7. A description of provisions which will be made for sanitation which may- include moviding portable facilities or access to restrooms in houses Upon receipt of a ploperly properly completed application the Chief of Police shall approve the application if after any necessary consultation with other City departments the Chief determines that the closure or restriction will not unnecessarily interfere with public travel and will not constitute a threat to the public health welfare or safety. more than two closures of any street or part thereof, shall be permitted in any one calendar year. Section 25 -903 APPLICATION FEE The City Council may require the payment of a permit application fee the amount of which may set by resolution of the Co uncil. Section 25 -904 BARRICADES Only barricades approved by the City may be used to block or restrict traffic to a street upon which a block party is being conducted The barricades will be obtained from an approved source by the person designated on the 12ennit application The designated person shall be responsible for placing the barricades in the appropriate positions The designated person shall be responsible for the barricades Section 25 -905 SUPERVISION Adequate adult supervision shall be rp esent at all times during the block party.. Section 25 -906 GARBAGE AND CLEAN The permit applicants shall provide adequate trash receptacles during the block party The ep rmit applicants shall pick up all trash and otherwise return the street on which the block parts was held to the condition it was in prior to the block party and shall do so no more than eight (8) hours after the time at which the permit expires • Section 25 -907 HOURS No streets may be barricaded prior to 8 a.m. nor later than 11:30 p.m. on the date of the block party ORDINANCE NO. • Section 25 -908 GENERAL CODE PROVISIONS APPLICABLE. Except as expressly provided for in Sections 25 -901 through 25 -907 any permit issued pursuant to these Sections shall be subject to all other applicable provisions of this Code including without limitations. the provisions of Chapter 19 and the noise restrictions contained therein Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1996. Mayor ATTEST: • City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) • .mac • MEMORANDUM DATE: August 21, 1996 TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C ff SUBJECT: Requests for Proposals for Banking & Financial Services A Policy and Procedure on Requests for Proposals for Financial Professional Services was recommended by the Financial Commission on April 18, 1996 and adopted by the City Council on May 28, 1996. The policy establishes a schedule for taking requests for proposals (RFPs) on six services used by the Finance Department. Banking services are scheduled for 1997 and again in the year 2000. The policy also states that service levels will be monitored by the staff and RFPs done earlier if unsatisfactory service is received. The City of Brooklyn Center has received its banking services from Marquette Bank Brookdale for many years. It has been a very satisfactory and beneficial relationship until recently. The account was structured so that the City maintained modest cash balances in our accounts on which we received no interest income, in exchange for which the bank processed our deposits and checks without charging us any fees' Bank Brookdale was also a valuable partner to the City in economic development efforts. This spring, the bank suddenly began charging us several hundred dollars a month in fees. At that point we felt it became necessary to do a RFP for banking services. Attached is a draft of a Request for Proposals for Banking and Financial Services. The Financial Commission discussed the draft RFP at their August 13, 1996 meeting and recommends the RFP to the City Council. The City Council should review this RFP, and if it is satisfactory, approve its use. • • PROPOSED SCHEDULE FOR RFP PROCESS Request for proposal reviewed /approved by Financial Commission August 13 Request for proposal reviewed /approved by City Council August 26 Request for proposal issued August 27 Due date for proposals September 6 Proposals reviewed /screened by City Manager & Finance Director Sept. 6 - 11 City Manager's report with recommendation to Financial Commission September 12 City Manager's report with recommendation to City Council September 24 August 27, 1996 Financial Institution Address Brooklyn Center, MN 55430 The City of Brooklyn Center is soliciting proposals from various financial institutions with facilities in Brooklyn Center for checking account services. The City's checking account is currently with Marquette Bank Brookdale. The current terms require the City to maintain a required minimum balance to avoid fees and charges. Interest is not earned on balances above the required minimum and fees are charged when the balance falls below the required minimum. We are willing to continue a no interest/no fee account by maintaining a minimum compensating balance, but will consider other alternatives as outlined in the proposal document. We have enclosed the proposal request form with supporting exhibits and background information on the City's checking accounts. We expect to receive proposals based on each banks normal commercial structure and will be using historical account activity data to compare the various rate structures. All responses must be made in writing and use the enclosed proposal form. If there is any additional information you think would be appropriate, please feel free to 'provide it. We are requesting that all proposals be returned by September 6, 1996. Should you have any questions concerning any of the information, or need additional information, please feel free to call me. Sincerely, Charles Hansen Finance Director Enclosures • • CITY OF BROOKLYN CENTER, MINNESOTA PROPOSAL FOR BANKING AND FINANCIAL SERVICES Please complete at least one of the following parts for your proposal. If there is any additional information you feel is appropriate, please feel free to provide it with our proposal form. PART I CHECKING ACCOUNT SERVICE - NON - INTEREST BEARING ACCOUNT - MINIMUM COMPENSATING BALANCE A. It is hereby proposed to provide checking account services in accordance with the terms outlined in Exhibit A except for the following conditions: B. The above services will be free of charge provided the City of Brooklyn Center maintains a compensating uncollected balance in the amounts listed below for each of the checking accounts: City General Account: $ City Payroll Account $ Economic Development Authority Account $ C. These terms will be effective starting January 1, 1997 for a period of: Check one: one year two years three years either one, two, or three years at the City's option PART H CHECKING ACCOUNT SERVICE - INTEREST BEARING ACCOUNT FOR FUNDS EXCEEDING THE MINIMUM COMPENSATING BALANCE A. As an alternative to the checking account services outlined in Part I, it is hereby proposed to provide an interest bearing checking account and other services outlined in Exhibit A with the following exceptions: B. Interest on the account balance exceeding the minimum compensating balance will be % compounded and paid . The • account balance would be swept daily for funds exceeding the minimum compensating balance. • C. The above services will be free of charge provided the City of Brooklyn Center maintains a compensating uncollected balance in the amounts listed below for each of the checking accounts: City General Account: $ City Payroll Account $ Economic Development Authority Account $ D. These terms will be effective starting January 1, 1997 for a period of: Check one: one year two years three years either one, two, or three years at the City's option PART III CHECKING ACCOUNT SERVICE - EARNINGS CREDIT APPLIED TO ALL FEES A. As an alternative to the checking account services outlined in Part I, it is hereby proposed to provide a checking account and other services outlined in Exhibit B • with fees and charges offset by earnings credits, with the following exceptions: B. Earnings credits will be based on the rate i g s adjusted . The current rate is %. The rate for the last six months has been: C. Fees assessed to the account will be charged based on the attached schedule (Please attach your banks schedule). All fees and charges are to offset against earnings credit in Section B above unless listed as exceptions in Section A above. D. These terms will be effective starting January 1, 1997 for a period of: Check one: one year two years three years either one, two, or three • years at the City's option • PART IV CHECKING ACCOUNT SERVICE - ALTERNATE PROPOSAL TO PARTS I -III. A. As an alternative to the checking account services outlined in Parts I III, it is hereby proposed to provide a checking account and other services as outlined (attach additional information as necessary): B. These terms will be effective starting January 1, 1997 for a period of: Check one: one year two years three years either one, two, or three years at the City's option The terms are hereby agreed to by: Date: Signature: Title: Financial Institution: • THE CITY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL PROPOSALS. Exhibit A • City of Brooklyn Center, Minnesota Proposed Terms for Financial Services Agreement Minimum Balance Based Account 1. Checking account service shall be provided free of charge when the City maintains a compensating balance in the amount specified in the financial institutions proposal. In the event a daily balance is less than the required compensating balance, the City will increase the next day's balance above the required amount so that the average balance for the month equals the required compensating balance. An occasional over draft balance will be allowed. 2. The financial institution shall provide the following services: a. A verbal, or other acceptable method, for the City to obtain a report of the current balances in the checking accounts. b. A monthly checking account statement based on the calendar month. A summary statement of debits, credits, and the daily balance is required. Additionally, a check reconciliation statement is to be provided that lists the checks in check number order along with the date of the debit and amount. All checks are to be • returned sorted in numerical order. All records will be furnished to the City within 7 calendar days following the end of the month. C. Verbal stop payment orders will be accepted from designated personnel. d. Uncollected or insufficient funds checks will be presented twice before being charged against the City's account. 3. The financial institution shall pledge collateral of a type required by State Law. Collateral shall have minimum market value of $1,500,000 and shall provide quarterly reports of the securities pledged. 4. All service charges and fees including account maintenance fees, unit charges for checks paid, deposited items, ACH and wire transfers, stop payments and return items, FDIC insurance, and direct deposit fees are free of charge unless specifically spelled out in the financial institution's proposal. 5. The financial institution shall provide same day credit for all deposits received prior to 2:00 p.m. on weekdays (except holidays). 6. The City shall be permitted to wire transfer funds into and out of any of the accounts either via personal contact, telephone instruction, or by facsimile. The City will keep the bank informed in writing of the names of employees authorized to wire transfer funds. The bank will compensate the City for any loss or cost incurred as a result of wires not being completed on time. Exhibit B • City of Brooklyn Center, Minnesota Proposed Terms for Financial Services Agreement Earnings Credit Based Account 1. Checking account service shall be provided free of charge when the City maintains a compensating balance in an amount necessary to offset the charges levied against the account. Charges against the account shall be based on the schedule provided by the financial institution. Earnings credits shall be based on the earnings rate specified in the financial institutions proposal. An occasional over draft balance will be allowed. 2. The financial institution shall provide the following services: a. A verbal, or other acceptable method, for the City to .obtain a report of the current balances in the checking accounts. b. A monthly checking account statement based on the calendar month. A summary y g e statement of debits, credits, and the daily balance is required. Additionally, a check reconciliation statement is to be provided that lists the checks in check number order along with the date of the debit and amount. All checks are to be returned sorted in numerical order. All records will be furnished to the City • within 7 calendar days following the end of the month. C. Verbal stop payment orders will be accepted from designated personnel. d. Uncollected or insufficient funds checks will be presented twice before being charged against the City's account. 3. The financial institution shall pledge collateral of a type required by State Law. Collateral shall have minimum market value of $1,500,000 and shall provide quarterly reports of the securities pledged. 4. All service charges and fees shall be offset by earnings credits, unless specifically spelled out in the financial institutions proposal. 5. The financial institution shall provide same day credit for all deposits received prior to 2:00 p.m. on weekdays (except holidays). 6. The City shall be permitted to wire transfer funds into and out of any of the accounts either via personal contact, telephone instruction, or by facsimile. The City will keep the bank informed in writing of the names of employees authorized to wire transfer funds. The bank will compensate the City for any loss or cost incurred as a result of wires not • being completed on time. City of Brooklyn Center, Minnesota Background on the City of Brooklyn Center The City of Brooklyn Center provides a full range of municipal services including public safety (police and fire), streets, culture- recreation, public improvements, planning and zoning, and administrative services. The City also operates three off -sale municipal liquor stores, a public water and sewer utility, a golf course, and a convention center known as the Earle Brown Heritage Center. The resulting volume of banking services for an average year is shown in the following table: General Payroll E.D.A. Service Account Accoun t Account Deposits 2,175 30 500 Deposited Items 98,250 30 1,800 Checks Written 7,250 6,675 1,350 Outgoing Wire Transfers - - - Incoming Wire Transfers 50 - - ACH Transactions 985 55 550 DCH Transactions - - - • Returned Items 235 10 Stop Payments 10 20 5 Y In addition, approximately 175 employees participate in a payroll direct deposit program. Payroll is paid bi- weekly, so an average of 4,550 payroll direct deposit transactions occur per year. The City reserves the right to change the volume of transactions and type of services provided based on future needs. The volume and type of transactions may also change in response to the accepted proposal. • City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Scott Kline, Chief of Police FROM: Michael J. McCauley, City Manager DATE: August 7, 1996 �-- SUBJECT: C .Police Liaison Officer Agreement Attached please find a copy of a proposed revised Police Officer Liaison Agreement with the Brooklyn Center School District. Please review the contract and advise if it appears satisfactory or if there are changes which need to be made. Thank you for your attention to this matter. Attachment • P 11 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 Agreement for School Liaison Officer Between • City of Brooklyn Center and Independent School District #286 This agreement by and between the City of Brooklyn Center (hereafter referred to a "City") and Independent School District #286 (hereafter referred to as "District") Is pursuant to Minnesota State Statute 471.59. 1. PURPOSE. The purpose of this agreement is to create, fund and implement the position of school liaison officer. 2. SELECTION PROCESS. From applications of qualified applicants for the assignment of school liaison officer, oral interviews will be administered by representatives from the District, Brooklyn Center Police Department, and a school liaison officer from a local community. Final appointment of the school liaison officer assignment Is at the discretion of the City of Brooklyn Center. Reselection and assignment will occur if performance of the off leer is not satisfactory to the District. 3. OFFICER EMPLOYED BY CITY. City shall employ, or assign, in accordance with applicable state statutes a pope officer to serve as school liaison officer, 4. DUTIES OF OFFICER. The duties of the school liaison officer assignment are understood by both the City and District In an assignment description. For the effectiveness of the program, a flexible schedule will be implemented that utilizes the resource of school liaison off leer to its full potential. The schedule will be cooperatively developed. To the extent possible, the school liaison officer will take C holidays days and vacation time off in accordance with the school calendar. 5. CLOTHING, EQUIPMENT, AND SUPPLIES. The C shalt p rovide an r equired uniforms, vehicle ftY p Y eq , • ,necessary equipment, and supplies for an officer to perform law enforcement duties. For the most PP p part, the officer will be non- uniformed in a manner that is acceptable by school administrators and approved by the City of Brooklyn Center. 6. OFFICE SPACE, The District will provide office space and furnishings for the school liaison officer at Brooklyn Center High School. 7. FUNDING. The City shall assume all obligations and payments with regard to officers' salary and benefits. The school district will reimburse the City in the sum of 75% of salary and benefits. The City will be responsible for the remaining 25 %, plus, 100% of the differential and longevity pay, and recruitment/equipment expenses associated. Reimbursements will be made monthly over the nine month period of September to May. Estimated 1996 -97 costs of the School Liaison Officer Program the District are $42,230 with the City obligation at $14,077. Final costs of the Program will be finalized after assignment of the officer to the assignment . 8. ADMINISTRATION RESPONSIBILITIES. Law enforcement services rendered to the District shall be at the sole discretion of the City. Standards of performance, discipline of the officer assigned, and other matters, shall be under the authority of the City. If requested, the District shall provide the City with an appraisal of the services received. 9. INDEMNIFICATION BY THE CITY. The School liaison Officer is a City employee. The City shall indemnify, hold harmless, and defend the District, its elected officials and employees against any and all liability, loss, cost, damage, expenses, claims or actions which the District, its officers and employees may hereafter sustain, incur, or be required to pay arising out of or by reason of any • negligent or willful act or omission of the City, its agents or employees, in the execution, performance, or failure to adequately perform the City's obligations pursuant to this agreement. z _ • 10. INDEMNIFICATION BY DISTRICT. The District shall indemnify, hold harmless, and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or action which the City, its officers, and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the District, its agents or employees. in the execution, performance or failure to adequately perform the District's obligations pursuant to this agreement. 9a pu g ent. 11. TERMINATION OF AGREEMENT. The term of this agreement shall be effective October 1996. Either party may terminate this agreement upon six (6) months written notice of such termination. IN WITNESS WHEREOF the arties hereto have m h r p a e executed this Agreement on the day and year Iasi written below. INDEPENDENT SCHOOL DISTRICT #286 by: Superintendent Date: CITY OF BROOKLYN CENTER by: b Mayor City Manager • Date: Date: I • �L • MEMORANDUM DATE: August 21, 1996 TO: Michael McCauley, City Manager FROM: Diane Spector, Director of Public Service" SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The City Council by Resolution No. 96 -58 on March 11, 1996 approved plans and specifications for Improvement Project No. 1996 -12, Contract 1996 -D, 1996 Diseased Tree Removal. 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 resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. • 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 08/26/96 ) 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 • BRETT & CHERYL BYRON 5407 JAMES AVE N 121 SCOTT VAGLE 5619 IRVING AVE N 122 SCOTT VAGLE 5619 IRVING AVE N 123 SCOTT VAGLE 5619 IRVING AVE N 124 RAYMOND & AUDREY WALD 7207 NEWTON AVE N 125 JOHN GRONES 7200 NEWTON AVE N 126 WAYNE HEMMINGSON 7218 MORGAN AVE N 127 DONALD & MARILYN GRANLUND 7213 OLIVER AVE N 128 SANDRA HOPP 3501 72ND AVE N 129 JOHN & GAYLE MASTER 907 73RD AVE N 130 RICHARD /JOANNE HOLZKNECHT 2618 65TH AVE N 131 JOEL & COLEEN MONROE 2624 65TH AVE N 132 ALLEN & EVA KOEP 6406 NOBLE AVE N 133 L. OSTRANDER & V. BUTTELL 1613 73RD AVE N 134 CITY OF B.C. EAST PALMER PARK 135 CITY OF B.C. EAST PALMER PARK 136 CITY OF B.C. EAST PALMER PARK 137 RICHARD & MARY ANN YATES 5801 COLFAX AVE N 138 LARRY & VIRGINIA HOFER 7012 IRVING AVE N 139 • RESOLUTION NO. • 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date 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. • MEMORANDUM • DATE: August 14, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Accepting Quote and Awarding Contract for Improvement Project No. 1996 -08, Sewer Relining, Logan, James, and Knox Avenues Utility Reconstruction Summary Explanation As part of the reconstruction of utilities on Logan Avenue (Improvement Project No. 1996 -08), a majority of the sanitary sewer was to be replaced. The entire project is proceeding on schedule, and most of this replacement work has been completed. As you recall, concerns regarding groundwater and soil contamination in the vicinity of the Super America Service Station at 57th and Logan caused us to re- evaluate the sewer work in that area. After reviewing available records from the Minnesota Pollution Control Agency and further study, it appeared to be in the City's best interest to avoid deep excavation work in this area. We therefore deleted from the overall construction contract the replacement of sewer main • in this area. However, because our inspection tapes have shown the sewer to be in need of repair, we have investigated other alternatives. It is our recommendation that the sewer be rehabilitated through "trenchless technology," or relining of the pipe. This type of rehabilitation work has been performed successfully in the City in recent years. The rehabilitation work desired would consist of the relining of approximately 333 lineal feet of 8 inch diameter sewer pipe (see attached plan for location). I have solicited quotations from two firms with proven expertise in providing relining services. The quotations received are as follows: Visu -Sewer Clean and Seal, Inc. $14,985 Insituform Technologies, Inc. $15,000 It should be noted that each firm is proposing to install slightly different products. Visu -Sewer would install what is known as a "U- Liner ", while Insituform utilizes a "cured in place" pipe. In short, installation for both methods is convenient and the final product is essentially the same. References obtained for work performed by both firms have all been very positive. Recommended City Council Action Authorize Visu -Sewer Clean and Seal, Inc. to provide sewer pipe relining services at the cost provided. The cost for providing this work would be funded from the sanitary sewer utility fund, • and was already budgeted within the overall project scope. Since this segment of main was not included in the construction contract with Northdale Construction, no amendment to that contract is necessary. O � _ -- _ _ -^' (•� ,,,.Al .uol � Id S � crrr of fR1GCEr 11 nttu nu ` \, \ sf SI E y OY 7tYaY31IY - °" V OY f111Y0 !4 OY Y31IY ■ f X R IID = ifi ILL a IS+ Y lfi ON i!N 3lvlf ,s N 31r xlf SiN fix g G /-1 OOL x y N 3AV O N j1Y N3oM N 31r mtn� q1 Y Y N It 6��I1i N 311 LNYLY 31Y 0001 x "Mw }off R eY - f [�,� Doll i 11NY iC(. a 8C Ei N 3W 1N -! - y LND � Y ~ out A < x 31r NON373�' Q . 31 IosY313 ___ _____ om, EA` Y 1v N 3tY 1MY13!! z i yyyy�` �j`! a ___ __ ___ __ w N V ijr 11109111! 3 e M N Sty &MX9 nfl < 1 Lf W OY 00 Lo N AV LaVOM M N N Q �Tflll 0031 N 3NY 9NUY N 30 I'll"i 3 z 3 : r S11 _ 1•, 'JIW Y. Y M 3tY f3NK z 0 31r XXO DWI V 9 47 F Y (7] N Sty M'901 � � YO lllfYl Oo 1 N 3trMwJYM dI � �j 1 N N 1 - 0012 x O M1 N 3 t1 n n �w 30 022 M � � x 3A O V 0 ¢ itY Y3U10 y �y 1Y ! 's'( 71 M ��j, 1 1 < ' M 3tV x Sty Iq NAM OMi \ It V M 3tY i \ a v 1y x M. 11Eira1 N 3W xv0I1136 1 N 3tY fN O0a N Ll I[ N all IY) {II OOYi t i NCINt i Ir z z M 31Y x 3Nr NN96 1 � 3 8 s OOa[ I S f3g31 < cl7Y is < N MV Mm 3�y�� ® �- + tl x 3n1 YWA r K. t $ t i .T ♦ �, YYOL 11 1 .. Lx- 8 GS 9 yy ` i j J Ir N 30 LjOW NYK MY s 4g b` F t 3 IY M 31Y N3� z 1 a "Y7 Y31R i tl m V ` Y' i C 1 N 3tr A30 N 31r 00.3 1$< r X!t y i 4 a IN Y! fl N 31r 3XNY! S s 3 3 aoa 6 gltE x 341 f)IIY! .4 �Y < kY �T 2F N Sty XvAWH i4. N 3nr yNridlr V zrlilYN om x 311 31.1N 1 ILO - �� • -_ .1 a N Y a 1 M 3/y 337 ey x s F„' N OM 31Y Y reds. OOLY - x311 31111W , /' --___— W -� OOd A. r 3'�Ox y, CCCC 1 0 N 31v mNY0Y0 1 y ay j "� YO x OOh qf' F Cv a` s �NxYS x 3nr LYY3r YY C11 k tl M `.' _ , 7Y1S(80 �P7 .UID N 30 tiY ' r x nlf N 31V 1190311 I _ < M 3A 0 � N 3 OQif ; x Ytl 1110 +r L 6f w TMTWAV N 30 003101 N MY 11IM A PAW N N. Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1996 -08, SEWER RELINING, LOGAN, JAMES, AND KNOX AVENUES UTILITY RECONSTRUCTION WHEREAS, the Brooklyn Center City Council recognizes the obligation and importance of maintaining the City's sanitary sewer collection system; and WHEREAS, inspection records indicate the need to replace and /or rehabilitate sewer pipe on Logan Avenue as part of a larger utility reconstruction project (Improvement Project No. 1996 -08); and WHEREAS, available records of soil and groundwater conditions in the vicinity of 57th Avenue North and Logan Avenue North suggest the need to avoid conventional excavation methods and rehabilitate the sewer pipe by alternative methods; and WHEREAS, the following quotations have been received from two contractors providing expertise in sewer pipe rehabilitation services: Visu -Sewer Clean and Seal, Inc. $14,985 • Insituform Technologies, Inc. $15,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center Minnesota that: 1. The quotation in the amount of $14,985 from Visu -Sewer Clean and Seal, Inc. is hereby accepted. The City - p ry Manager is authorized to execute a contract with Visu Sewer Clean and Seal, Inc. 2. All costs shall be financed from the Sanitary Sewer Utility Fund. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded b g g Y Y 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. MEMORANDUM DATE: June 18, 8, 996 TO: Michael McCauley FROM: Jim Glasoe �.. SUBJECT: Resolution A/cepting Quotes and Awarding Contracts, Lighting Improvements at Evergreen and Kylawn Parks At their December 11, 1995 meeting, the City Council approved Capital Improvements funding for a number of park improvements including the replacement of ice rink lighting at Evergreen and Kylawn Parks. The total allocation for this lighting was $25,000. In addition to the lighting, the Council approved funding for playground equipment replacement and tennis court renovation. Funding for these projects was based upon estimates provided by qualified vendors. Bids have subsequently been received for the playground equipment and tennis court reconstruction, and the total expenditures for these projects have come in $13,000 under initial estimates. However, Council has authorized the use of $5,000 of this excess allocation for playground equipment at Garden City School. In effect, this leaves an excess allocation of $8,000. To complete the projects, staff has solicited and received the following quotes for replacement of hockey rink lighting and associated electrical cabling. Separate quotes were requested for the two parks because of the timing of the improvements. Kylawn Park requires only replacement of existing poles and fixtures, while the Evergreen Park improvement includes moving the hockey rink boards to a new location prior to installation of new poles and fixtures. The following quotes were received: Evergreen Park Egan -McKay $16,700 Bacon's Electric Co. $16,800 Kylawn Park Bacon's Electric Co. $14,620 Egan -McKay $15,800 The lowest quotes received were that of Egan -McKay of Minneapolis, MN for Evergreen Park in the amount of $16,700 and Bacon's Electric Co. of Fridley, MN for Kylawn Park in the amount of $14,620. Staff recommends accepting the respective quotes and awarding contracts. • As the received quotes total in excess of the original $25,000 allocation, staff requests • authorization to use the excess allocation from the tennis court resurfacing to fund the difference, Item Original Allocation Actual Cost Balance Playground Equipment $220,000 $220,000 $0 Northport Tennis Court $ 45,000 $ 31,350 $13,650 Garden City School $ 0 $ 5,000 $ 8,650 Hockey Lighting $ 25,000 $ 31,320 $ 2,330 Totals $290,000 $287,670 $ 2,330 I i its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION ACCEPTING QUOTES AND AWARDING CONTRACTS, LIGHTING IMPROVEMENTS AT EVERGREEN AND KYLAWN PARKS WHEREAS, the City of Brooklyn Center's 1996 Capital Improvements Program provided for funds to replace hockey rink lighting at Evergreen and Kylawn Parks; and WHEREAS, the following quotations have been received: Evergreen Park Egan -McKay $16,700 Bacon's Electric Co. $16,800 Kylawn Park Bacon's Electric Co. $14,620 Egan -McKay $15,800 WHEREAS, the lowest quotes received were that of Egan -McKay of Minneapolis, MN for Evergreen Park in the amount of $16,700 and Bacon's Electric Co. of Fridley, MN for Kylawn Park in the amount of $14,620. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The proposal of Egan-McKay of Minneapolis, MN in the amount of $ 16,700 for lighting at Evergreen Park and the quote of Bacon's Electric Co. of Fridley, MN, in the amount of $14,620 for lighting at Kylawn Park are hereby accepted. The City Manager is hereby authorized to enter into a contract with the respective low bidders to provide construction on the basis of their proposals. 2. All costs associated with improvements shall be funded from the Capital Improvements Project Fund. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: I and the following voted against the same: whereupon said resolution was declared duly passed and adopted. s'y Is Memorandum To: Michael J. McCauley, City Manager From: Brad Hoffinan, Community Development Director Date: August 20, 1996 Subject: Resolution Approving an Amendment to a Joint Powers Agreement Relating to Certain 1987 Mortgage Revenue Bonds to Provide for the Recycling of Program Monies In 1987, the City of Brooklyn Center received an allocation from the state for the issuance of single - family mortgage revenue bonds. The bonds were issued jointly with a number of other governmental entities including the Dakota County HRA. We pursued a joint issuance because of the cost savings and to obtain a better interest rate. The Council is being asked by the Dakota County HRA to agree to allow the bonds to "recycle ". The letter from Barbara Portwood of Leonard, Street and Deinard explains the request. Dakota County will be issuing new mortgage bonds and would recycle prepayment and other revenues • from a number of old issues with the new bond. Brooklyn Center is not in a position to take advantage of this since we do not have an allocation of mortgage bonds. Federal regulations require all parties to the 1987 Joint Powers Agreement to agree to this amendment before Dakota County can proceed. The amendment has no fiscal impact on Brooklyn Center. I would recommend that Brooklyn Center pass the resolution. • KENNEDY & GRAVEN CU"TERM STlERM J. BUBUL 4" Pil ftfY C-t-, Ir-- APoiis, MiaOMM S54M Attorney at Law Direct Dial (612) 337-922S Tdmbo- (612) 3M9300 PnCSiodk (612) 337.9310 August 23, 1996 Michael McCauley City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Joint Powers Agreement for a Single Family Housing Revenue Bond Program dated as of May 1, 1987 among various entities. Dear Mike: You asked as to comment on the request for the City to approve a modification to the Joint Powers Agreement referenced above, which was entered into in connection with issuance of single family housing revenue bonds in 1987 by the Dakota County Housing and Redevelopment Authority, the Minneapolis /Saint Paul Housing Finance Board and the 'Washington County Housing and Redevelopment Authority (collectively, the "Issuers "). The revised Joint Powers Agreement simply authorizes the Issuers to issue refunding bonds from time to time, at the discretion of the Issuers. The refundiugs would have no effect on the City.. However, refunding could create additional amounts of money that would be available for additional mortgage loans for qualified home buyers. The City could participate in the program by paying a pro rata share of refunding costs. This is a decision that the City can make at the time of any refunding. In short, the modification to the Joint Powers Agreement is reasonable and raises no significant concerns for the City. If you have further questions, please contact me or Charlie LeFevere. Very yours, Stephen J. ubul SJB:gak Z/Z anVC3 Ot£64££Zt9:0I N3AVND V A03NN3N:WO8A GZ:9t 96- £Z -Onv LAW OFFICES LEONARD, STREET AND DEINARD 0 L R.. PROFESSIONAL ASSOCIATION L D. FIELD. JR. JOSEPH M. FINLEY DEBRA G. STRE HLOW THAD J. COLLINS LEN I. SAE KS LAWRENCE J. FIELD WILLIAM H. GOTLIEB ELIZABETH-A. CUMMING THOMAS D. FEINBERG DAVID W. KELLEY SUITE 2300 STEVEN J. RINDSIG TODD A. NOTEBOOM MORRIS M. SHERMAN MARK S. WEITZ JAMA M. KRIZ KATHRYN A. MCCAULEY GEORGE REILLY ROBERT.'. HUBER WENDY C. SKJERVEN GREGORY R. FITZHARRIS 150 SOUTH FIFTH STREET C MARLES K. DAYTON OAV -O KANTOR LOREN A. UNTERSEHER PAUL A. VANDER VORT STEPHEN R. PFLAUM JOHN M. SHERAN ROBERT H. TORGERSON ROBERT L. STRIKER CHARLES A. MAYS BARBARA L. PORTWOOD MINNEAPOLIS, MINNESOTA 55402 THOMAS J. CONLEY TIMOTHY P. GLYNN LOWELL J. NOTEBOOM ANGELA M. CHRISTY JAMES F. VOEGELI VALERIE G. BLATNIK-SIGEL GEORGE F. MCGUNNIGLE MARK A. LINDGREN TELEPHONE ( 612) 335 -1 500 JOSHUA J. KANASSATEGA RACHEL E. JOHNSON RICHARD G. PEPIN, JR. MARIANA R. SHULSTAD JANN M. EICHLERSMITH BYRON E. STARNS LOWELL V. STORTZ FACSIMILE (612) 335 -1657 ANDREW P. LEE STEVEN M. RUBIN DOUGLAS B. GREENSWAG I. DANIEL COLTON JOHN H. HERMAN ELLEN G. SAMPSON NICOLE A. ENGISCH GEORGE B. LEONARD 11912 -t9S91 STEVEN 0. DERUYTER JOHN T. ROBERTS TAMMIE S. PTACEK ARTHUR L.M. STREET 41877 19611 JAMES R. DORSEY ROSANNE NATHANSON MICHAEL J. WURZER BENEDICT DEINARD 1199919691 STEPHEN J. DAV40SON MICHAEL G. TAYLOR SUITE 2270 JEFFREY E. GRELL AMOS S. DEINARD 11999 i9B51 STEPHEN R. LITMAN JOHN W. GETSINGER BARBARA POOLUCKY BERENS EDWARD M. MOERSFELDER THOMAS P. SANDERS KEITH S. MOHEBAN ROBERT LEWIS BARROWS ROBERT ZEGLOVITCH MINNESOTA WORLD TRADE CENTER ALAN W. VAN OELLEN RICHARD J. WEGENER TIMOTHY WELCH JANE F. GODFREY DANIEL J. MCINERNEY, JR. GREGG J. CAVANAGH 30 EAST SEVENTH STREET ERIC H. GALATZ SIDNEY LORBER HUGH M. MAYNARD SUSAN M. ROBINER DWIGHT A. LAR SON STONEY BARROWS FREDERICK W. MORRIS BRADLEY J. GUNN ROSANNE JACUZZI IRENE SCOTT JOHN C. KUEHN BLAKE SHEPARD, JR. ST. PAUL, MINNESOTA 55101 DANIEL L. PALMOUIST MICHELLE A. MILLER BRADLEY J. GILLAN NANCY A. WILTGEN CATHERINE A. MCENROE DAVID G. BARATTI MICHAEL A. NEKICH WILLIAM. L. GREENE TELEPHONE (612)222 -7455 KATHLEEN A. ROBERGE Pv COONSEL MARTHA C. BRAND STEVEN L. BELTON JOHN E. KING DAVID N. HAYNES MARC D. SIMPSON FACSIMILE (612) 222 -7644 DANIEL OBEROORFER JAMES V. ROTH SHAUN C. MCELHATTON JEFFREY A. EYRES RICHARD H. MARTIN JAMES J. BERTRAND PATRICK M. O'BRIEN ROBYN HANSEN CAROLYN V. WOLSKI SUSAN S. FAUVER ROBERT L. DEMAY STEVEN R. LINDEMANN STEVEN P. ZABEL ANGELA M. B WILLIAM M. August 19, 1996 JAMES R. FREY TIMOTHY J. PABST ABS7 RONALD J. SCH SCHU ULTZ ROBERT P. TRAVIS ELLEN G. LUGER JEANNE M. COCHRAN. JAMES G. BULLARD JERRY S. POOKOPACZ MICHAEL A.G. KORENGOLD WRITER'S DIRECT DIAL NUMBER (612) 335 -1594 • Mr. Brad Hoffman City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 44320 Re: Recycling of Single Family Mortgage Revenue Bonds Resources Dear Brad: As you may recall, the City of Brooklyn Center participated with The Dakota County Housing and Redevelopment Authority (the "Dakota County Authority "), the Minneapolis /Saint Paul Housing Finance Board (the "Joint Board ") and the Washington County Housing and Redevelopment Authority (the "Washington County Authority ") in the issuance in 1987 of certain single family mortgage revenue bonds. The Bonds were issued pursuant to a joint powers agreement (the "Joint Powers Agreement ") jointly by the Dakota County Authority, the Joint Board and the Washington County Authority Brooklyn Center, together with the Cities of Savage, St. Cloud, Columbia Heights and East Grand Forks (the "Cities "). Proceeds were used to make loans in Dakota County, Washington County and the Cities (the "Loans "). Scheduled principal payments and prepayments on Loans are required by the bond • documents to be used to retire Bonds, however, it is possible for the Bonds which are otherwise to 1437304 Mr. Brad Hoffman , City of Brooklyn Center August 19, 1996 • Page 2 be redeemed from such payments to be refunded, and to thereby make the equivalent of such payments available to make additional mortgage loans. Such refundings are feasible only: (a) if the principal amount to be redeemed is large enough to justify the payment of transaction costs, including the cost of setting up a new program with new lenders, and b to the extent that issue, o increase O nt at they can be issued together with a new money iss , (both t ease the aggregate size of the issue and to permit the extension of maturities so 30 year loans may be originated). The Dakota County Authority proposes to issue refunding bonds to recycle the Loan payments, as described above. They are in a unique position to do so because they have both a large number of outstanding bonds, in addition to the 1987 bonds, which they will also refund and because they have a bond allocation for new money bonds. In this context, we are asking that the City of Brooklyn Center adopt a resolution approving certain changes to the Joint Powers Agreement to clarify that the Dakota County Authority may issue such refundin g bonds. The approval of the amendment to the Joint Powers Amendment will not expose the City of Brooklyn Center to additional costs or liability. All costs of issuance of the • refunding bonds will be paid by the Dakota County Authority. I have attached for your information: (a) a form of resolution to be considered by Brooklyn Center; and (b) the proposed amendment to the Joint Powers Agreement. If you have any further questions, please let me know. Yours very truly, LEONARD, STREET AND DEINARD By: /Barbara L. Portwood BLP /gmk Encls. • 1437304 FIRST SUPPLEMENT TO JOINT POWERS AGREEMENT FOR A SINGLE FAMILY HOUSING REVENUE BOND PROGRAM THIS FIRST SUPPLEMENT to Joint Powers Agreement has been entered into as of the 1 st day of September, 1996, between and among the parties executing and consenting to this Supplement and identified on Exhibit A attached hereto (the "Joint Parties "). WITNESSETH WHEREAS, the Joint Parties are parties to a Joint Powers Agreement for a Single Family Housing Revenue Bond Program dated as of May 1, 1987 (the "Agreement "); and WHEREAS, pursuant to the Agreement, The Dakota County Housing and Redevelopment Agency ( "Dakota County Authority "), the Minneapolis Saint Paul Housing Financing Board ( "Minneapolis /Saint Paul Board ") and The Washington County Housing and Redevelopment Authority ( "Washington County Authority ") (jointly as the "Issuers ") issued the Series A Bonds, the Series B Bonds and the Series C Bonds (as defined in the Agreement) (all together, the "Bonds "); and WHEREAS, it is the desire of the Issuers to maximize the resource represented by the Bonds and to recycle certain funds generated from payments and prepayments of mortgage loans Y g PY under the Program to make additional qualified loans thereunder, and in furtherance thereof the Issuers deem it to be in the best interests of the Program provided under the Agreement and Program Documents to cause the issuance of refunding bonds (the "Refunding Bonds ") from time to time to refund some or all of the Bonds, or any then outstanding issue of refunding bonds; and WHEREAS, the Issuers desire to amend and supplement the Agreement to, among other things, authorize certain of the entities which together comprise the Issuers, on behalf of the other Issuers and other Joint Parties, acting jointly pursuant to the Agreement, as hereby amended, to issue Refunding Bonds to recycle payments and prepayments; and WHEREAS, Section 9 of the Agreement requires the unanimous consent of the Joint Parties to amend the Agreement; NOW THEREFORE, in consideration of the foregoing recitals,, the Joint Parties hereby amend and supplement the Agreement as follows: • 1. Defined Terms All capitalized terms not otherwise defined in this Supplement shall have the meaning assigned thereto in the Agreement, except as otherwise provided herein. 1987 A, B, C 1427739 i 2. Powers to Be Exercised: Issuance of Refunding Bonds Each of the Joint Parties have the powers as described in Section 1 of the Agreement. The Joint Parties, pursuant to the consent and approval provided by their acknowledgment and execution of this Supplement; and the Issuers, by their resolutions and acknowledgment and execution of this Supplement jointly authorize (a) the Dakota County Authority to issue Refunding Bonds, subject to Section 5 hereof, to refund (1) the Series C Bonds in any principal amount from time to time, and (ii) the Series A Bonds and the Series B Bonds, from time to time, but and with the prior written consent of the Minneapolis /Saint Paul Board; and (b) the Minneapolis /Saint Paul Board to issue Refunding Bonds to refund (I) the Series A Bonds and Series B Bonds in any principal amount from time to time, and (ii) the Series C Bonds, from time to time, but only with the prior written consent of the Dakota County Authority. The consent and authority hereby conferred upon the Dakota County Authority and the Minneapolis /Saint Paul Board, respectively, include the ability to execute and deliver, on behalf of the Issuers, such documents, resolutions and agreements as they shall deem necessary and desirable in connection with the issuance, delivery and sale of the Refunding Bonds, including, without limitation, such amendments and/or supplements to the Program Documents as it shall deem advisable and not to the prejudice of the Joint Parties or otherwise inconsistent with the terms of the Agreement, including, without limitation, paragraph 4 below. 3. Amendments to Defined Terms From and after the date of this Supplement, all references in the Agreement to the terms (i) "Bonds" shall be deemed to include the Refunding Bonds; (ii) "Program" shall be deemed to include the continuation of the Program through use of the proceeds of the Refunding Bonds; and (iii) "Program Documents" shall be deemed to include any amendments or supplements thereof made in connection with the issuance of Refunding Bonds. 4. Limitation of Liability Refunding Bonds shall be special, limited obligations of the Dakota County Authority and the Minneapolis /Saint Paul Board, respectively, payable solely from the proceeds, revenues and other amounts pledged thereto. Neither the Dakota County Authority nor the Minneapolis /Saint Paul Board shall do any act or thing the effect of which is to create a charge or lien against the property or revenues of the other Joint Parties or the Cities, other than the trust estate pledged pursuant to the Program Documents. The Refunding Bonds and the interest thereon shall neither constitute nor give rise to an indebtedness, pecuniary liability, general or moral obligation or a pledge of the faith or loan of credit of the Joint Parties, the Cities, the State of Minnesota or any political subdivision thereof, nor shall the Refunding Bonds constitute a debt of the Issuers, the Joint Parties, the Cities, the State of Minnesota or any political subdivision thereof within the meaning of any constitutional or statutory limitations. 5. Approval of Issuance of Refunding Bonds A. No additional notice to, action or approval shall be required by the Joint Parties • (other than the other Issuers) in connection with any Refunding Bonds. 2 1987 A, B, C 1427739 B. The Dakota Count Housing and Redevelopment Authority is hereby authorized Y g P Y Y to issue Refunding Bonds without further approval of the Minneapolis /Saint Paul Board, with respect to payments and prepayments with respect to the Series A Bonds and Series B Bonds through the end of 1997. The Issuers agree to cause the publication of notice and to hold hearings, adopt resolutions and execute such agreements and certificates which are determined by County Y the Dakota Coun Authority or the Minneapolis/Saint Paul Board and their Bond Counsel to be reasonably necessary as a condition to the issuance of such refunding bonds, upon reasonable notice from the Dakota County Authority or the Minneapolis /Saint Paul Board or their counsel. Neither the Issuers nor an other Joint P other than the Dakota Count Housing and Y �3' � Y Redevelopment Authority to the extent provided in documents providing for the issuance of the Refunding Bonds), shall have any obligation with respect to costs of issuance or other costs relating to the Refunding Bonds. In addition, the Dakota County Housing and Redevelopment Authority agrees to pay the cost of publication of notice for hearings it requests the other Issuers to hold, and to pay reasonable attorney's fees incurred by the other Issuers in connection with the review of resolutions and documents such other Issuers are requested to adopt or approve. 6. Amendments and Supplements From and after the date of this Supplement, the Agreement, as hereby supplemented may be amended with the written consent of all Issuers; provided however, that the consent of the other Joint Parties shall be required if, and only if, any proposed amendment would adversely affect the rights and interests of the Joint Parties under the Agreement. 7. Effect of Supplement Except as amended or supplemented hereby, the provisions of the Agreement shall remain in full force and effect. This Supplement may be executed in one g PP Y or more counterparts, with each counterpart constituting a single and original instrument; shall be binding upon and inure to the benefit of the successors to and assigns of the parties hereto; and shall take effect as of the date first above written without further notice to or consent from any person. [Remainder of page intentionally left blank.] i 3 1987 A, 9, c 1427739 IN WITNESS WHEREOF, the undersigned parties have executed this instrument the day ® and year first above written. THE DAKOTA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By: Chair By: Secretary • Execution page of Dakota County Authority for 1996 Supplement to Joint Powers Agreement 4 1987 A, B, c 1427739 MINNEAPOLIS /SAINT PAUL • HOUSING FINANCE BOARD By: Chair Attest: Secretary Countersigned: By: Treasurer Execution page of the Board for 1996 Supplement to Joint Powers Agreement • 5 1987 A, B, C 1427739 THE WASHINGTON COUNTY • HOUSING AND REDEVELOPMENT AUTHORITY By: Chair By: Executive Director Execution page of Washington County Authority for 1996 Supplement to Joint Powers Agreement • 6 1987 A, B, c 1427739 THE HOUSING AND REDEVELOPMENT • AUTHORITY IN AND FOR THE CITY OF ST. CLOUD, MINNESOTA By: Chair By: Executive Director j • Execution page of the Joint Parties for the 1996 Supplement to Joint Powers Agreement 7 1987 A, B, C 1427739 CITY OF COLUMBIA HEIGHTS, • MINNESOTA By: Mayor By: City Manager Execution page of City of Columbia Heights for 1996 Supplement to Joint Powers Agreement 8 1987 A, B, C 1427739 • CITY OF SAVAGE, MINNESOTA By: Mayor By: City Administrator • Execution Page of the Joint Parties for the 1996 Supplement to Joint Powers Agreement 9 1987 A, B, C (427739 CITY OF BROOKLYN CENTER, • MINNESOTA By: Mayor By: City Manager Execution page of the Joint Parties for the 1996 Supplement to Joint Powers Agreement 10 1987 A, B, C 1427739 CITY OF EAST GRAND FORKS, • MINNESOTA (SEAL) By: Mayor By: Clerk - Treasurer • Execution page of the Joint Parties for the 1996 Supplement to Joint Powers Agreement 11 1987 A, B, C 1427739 • EXHIBIT A Identity of Joint Parties • The Dakota County Housing and Redevelopment Authority • The Minneapolis /Saint Paul Housing Finance Board • The Washington County Housing and Redevelopment Authority • City of East Grand Forks, MN • Housing and Redevelopment Authority in and for the City of St. Cloud, Minnesota • City of Columbia Heights, MN • City of Savage, MN • City of Brooklyn Center, MN • B_1 1987 A, B, C 1427739 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AN AMENDMENT TO A JOINT POWERS AGREEMENT RELATING TO CERTAIN 1987 MORTGAGE REVENUE BONDS TO PROVIDE FOR THE RECYCLING OF PROGRAM MONIES WHEREAS, in 1987, the Minneapolis /St. Paul Housing Finance Board (the "Board "), jointly with the Dakota County Housing and Redevelopment Authority (the "Dakota County Authority"), and the Washington County Housing and Redevelopment Authority (the "Washington County Authority"), and together with the Board and the Dakota County Authority (the "Issuers "), issued their $49,180,000 Single Family Mortgage Revenue Bonds, Series 1987A (the "Series A Bonds "), $11,320,000 Single Family Mortgage Revenue Bonds, Series 1987B (the "Series B Bonds "), and $138,000,000 Single Family Mortgage Revenue Bonds, Series 1987C (the "Series C Bonds") (all together, the "Prior Bonds"), pursuant to a Joint Powers Agreement (the "Joint Powers Agreement ") dated as of May 1, 1987, by and between the Issuers and the City of East Grand Forks, Minnesota ( "East Grand Forks "), the Housing and Redevelopment Authority in and for the City of St. Cloud, Minnesota (the "St. Cloud Authority"), the City of Columbia Heights, Minnesota ( "Columbia Heights "), the City of Savage, Minnesota ( "Savage "), and the City of Brooklyn Center, Minnesota ( "Brooklyn • Center ") (together, the "Joint Parties "); and WHEREAS, the Issuers have determined that it is in their best interest that monies generated from payments and prepayments of mortgage loans pledged to the payment of the Prior Bonds be recycled to make additional qualified loans, and in furtherance thereof, the Issuers propose to amend the Joint Powers Agreement by the execution and delivery of a First Supplement to Joint Powers Agreement for a Single Family Housing Revenue Bond Program (the "Amendment ") in substantially the form attached hereto as Exhibit A to authorize the Dakota County Authority to issue, from time to time, certain refunding bonds on behalf of the Issuers (the "Refunding Bonds "), as further described in the Amendment; and WHEREAS, the City of Brooklyn Center (the "City") desires to assist in the issuance of the Refunding Bonds by authorizing the execution and delivery by the City of the Amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Amendment is hereby approved, and the Mayor and City Manager of the City are hereby authorized and directed to execute and deliver the Amendment on behalf of the City, with such modifications or revisions as may be approved by the Mayor, and which are not materially adverse to the interests of the City. Execution of the Amendment by the Mayor shall constitute conclusive evidence of the approval of any such t modifications or revisions. • 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. • • • APPROVING AN AMENDMENT TO A JOINT POWERS AGREEMENT RELATING TO CERTAIN 1987 MORTGAGE REVENUE BONDS TO PROVIDE FOR THE RECYCLING OF PROGRAM MONIES WHEREAS, in 1987 the Minneapolis /Saint Paul Housing Finance Board (the "Boar(f"), jointly with the Dakota County Housing and Redevelopment Authority (the "Dakota County Authority ") and the Washington County Housing and Redevelopment Authority (the "Washington County Authority" and, together with the Board and the Dakota County Authority, the "Issuers ") issued their $49,180,000, Single Family Mortgage Revenue Bonds, Series 1987A (the "Series A Bonds "), $11,320,000 Single Family Mortgage Revenue Bonds, Series 1987B (the "Series B • Bonds ") and $138,000,000 Single Family Mortgage Revenue Bonds, Series 1987C (the "Series C Bonds ") (all together, the "Prior Bonds "), pursuant to a Joint Powers Agreement (the "Joint Powers Agreement ") dated as of May 1, 1987, by and between the Issuers and the City of East Grand Forks, Minnesota ( "East Grand Forks "), The Housing and Redevelopment Authority in and for the City of St. Cloud, Minnesota ( "St. Cloud Authority "), the City of Columbia Heights, Minnesota ( "Columbia Heights "), the City of Savage, Minnesota ( "Savage "), and the City of Brooklyn Center, Minnesota (`Brooklyn Center ") (together, the "Joint Parties "); and WHEREAS, the Issuers have determined that it is in their best interest that moneys generated from payments and prepayments of mortgage loans pledged to the payment of the Prior Bonds be recycled to make additional qualified loans, and in furtherance thereof the Issuers propose to amend the Joint Powers Agreement by the execution and delivery of a First Supplement to Joint Powers Agreement for a Single Family Housing Revenue Bond Program (the "Amendment ") in substantially the form attached hereto as Exhibit A to authorize the Dakota County Authority to issue from time to time certain refunding bonds on behalf of the Issuers (the "Refunding Bonds "), as further described in the Amendment; and WHEREAS, the City of Brooklyn Center (the City) desires to assist in the issuance of the Refunding Bonds by authorizing the execution and delivery by the City of the Amentment; • August 17, 1996 Brooklyn Center Resolution DCHRA\Ref ind 96 1428608 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA, as follows: 1. The Amendment is hereby approved, and the Mayor and City Manager of the City are hereby authorized and directed to execute and deliver the Amendment on behalf of the City, with such modifications or revisions as may be approved by the Mayor, and which are not materially adverse to the interests of the City. Execution of the Amendment by the Mayor shall constitute conclusive evidence of the approval of any such modifications or revisions. • August 17. 1996 Brooklyn Center Resolution DCHRA\Refund 96 1428608 2 EXHIBIT A Form of First Supplement to Joint Powers Agreement PP g (See Attached) • August 17, 1996 Brooklyn Center Resolution 1428608 DCHRA\Refund 96 A -1 51 July, 31, 1996 • City or Brooklyn Center Michael J. McCauley 6301 Shingle Creek Pkwy Brooklyn Center, NIT( 55430 -2199 Dear Mr. McCauley, The Communications Task Force has reviewed your memo or June 4, 1996, and have decided to discontinue further meetings as a task force for the city. The Communications Task Force was established in 1990 and has provided the city with a number of projects since its inception. The Task Force, in the past, has worked closely with the Communication Coordinator and the city council and have completed various projects in which it takes great pride. I personally want to thank all that have served on the Task Force for the many hours spent helping the city meet their needs in the communications area. I would hope that the communication needs of the city will be continued by your staff in what I consider as a critical time for the city in presenting all necessary information to the media, and the citizens of Brooklyn Center. The Communications Task Force will disband, however it will continue on as a sub - committee of the Discover the Center group. The new name it has taken is The Communications Group of Discover the Center. We hope to be able to provide the necessary public relations and marketing programs for Discover the Center. I would hope the city will be able to continue to provide the necessary center point for any correspondence received or coordination of necessary notice of meeting's distribution. The Communication Task Force thanks all those who have helped it completed its many projects and would hope that the past cooperation of the city will continue for the new Communication Group of Discover the Center. Thanks, Bernie Gaffney Communication Grout) Discover the Center its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ACCEPTING FINAL REPORT AND EXPRESSING APPRECIATION FOR THE MEMBERS OF THE BROOKLYN CENTER AD HOC CITY COMMUNICATIONS TASK FORCE WHEREAS, Resolution No. 91 -153 created a Brooklyn Center ad hoc City Communications Task Force and defined duties and responsibilities therefor; and WHEREAS, the purpose of the Brooklyn Center ad hoc City Communications Task Force was to evaluate and recommend methods to improve communications between the City of Brooklyn Center and its citizens; and WHEREAS, the duties and responsibilities of the Brooklyn Center ad hoc City Communications Task Force have been 1 it fu f led and a final letter submitted to the City Council; and WHEREAS, it is highly appropriate that the dedicated public service of the members of the ad hoc City Communications Task Force be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. the City Council accepts the final report submitted by the Brooklyn Center ad hoc City Communications Task Force; and 2. the City Council recognizes and appreciates the service of the members of the Brooklyn Center ad hoc City Communications Task Force; and 3. the Brooklyn Center ad hoc City Communications Task Force is hereby dissolved pursuant to the terms of the resolution creating the task force. 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. J MEMORANDUM DATE: August 13, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Final Plat Approval - CROSS OF GLORY 2ND ADDITION Summary Explanation On May 28,1996, the City Council approved Planning Commission Application Number 96006, providing for Preliminary Plat approval to subdivide the Cross of Glory Lutheran Church property into five lots. Attached are reports and minutes from previous Planning Commission and City Council meetings. As previously discussed, a site and grading plan was originally submitted along with the preliminary plat. It is recommended that the final plat be approved subject to the completion of all improvements and conditions as previously stated in the preliminary plat and site approval. It is recommended that the applicant enter into a performance agreement and provide a financial guarantee to assure completion of the site improvements. These improvements are referenced herein, but can be summarized as follows: A. The proposed Lots 2, 3, and 4 shall be removed of pavement surface and turf established. B. The proposed storm sewer as shown be installed. A hook -up permit shall be secured with the City prior to connection with the existing storm sewer. C. The applicant shall work and cooperate with neighboring properties as needed to complete grading as shown on the plan. D. Establishment of erosion and sedimentation control. E. A standard utility and maintenance agreement with the City be required as a condition of final approval. The applicant has submitted an application and fee as required. Reproducible mylars shall also be required for submittal Recommended City Council Action Approve the final plat of Cross of Glory 2nd Addition, subject to the conditions described herein. • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT - CROSS OF GLORY 2ND ADDITION WHEREAS, the Brooklyn Center City Council on May 28, 1996, approved Planning Commission Application 96006, providing preliminary plat approval for property owned by Cross of Glory Lutheran Church; and WHEREAS, the property owner (applicant) has applied for Final Plat Approval as required by the City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the plat of CROSS OF GLORY 2ND ADDITION is hereby approved subject to the following conditions: a. The proposed Lots 2, 3, and 4 shall be removed of pavement surface and turf established as required; b. A proposed storm sewer as required shall be installed; C. The applicant shall enter into a standard maintenance and utility agreement with the City; and d. Any other conditions of the City as required as part of the preliminary plat approval. 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. 7a • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Spec' ist Subject: City Council Consideration Item - Planning Commission Application No. 96006 Date: May 21, 1996 On the May 28, 1996 City Council Agenda is Planning Commission Application No. 96006 submitted by Cross of Glory Lutheran Church requesting Preliminary Plat approval to subdivide the Cross of Glory Lutheran Church property into five lots consisting of three single family lots, one large lot for the church and one outlot. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 96006 containing an area map showing the location of the property under consideration, a survey, and a drainage, grading, utility and parking plan. Also attached are the Planning Commission minutes relating to the Commission's consideration of this matter. • This matter was considered by the Planning Commission at their May 16, 1996 meeting and, following public hearing and deliberation, was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. i Planning Commission Information Sheet Application No. 96006 Applicant: Cross of Glory Lutheran Church • Location: 5929 Brooklyn Boulevard Request: Preliminary Plat The applicant requests Preliminary Plat Approval to subdivide the existing Cross of Glory Lutheran Church lot into five lots consisting of one lame lot for the church. three new single family tots and one outlot. The property in question is zoned R -1 and is bounded on the north by Admiral Lane; on the east by Brooklyn Boulevard and C -1 zoned property including the Brookdale Nest Professional Building (5901 Brooklyn Boulevard) and a non - conforming w single family home at 5337 Brooklyn Boulevard: on the south by a single family home at 5330 Dre Avenue North and 53 '/ Avenue North; on the west by Ewing Avenue including nvo single family homes at 5916 and 5920 Ewing Avenue North. V The church property was replatted in 1990 -91 into its current configuration. It's legal description is Lot 2, Block 1, Cross of Glory Addition. The proposed new legal description is Lots 1, 2, 3 and 4, Block 1 and Outlot A, Cross of Glory Second Addition. These lots would have the following characteristics: Lot L�idth Depth Area Use I IRREGliLAR 199,310 sq. ft. (1.537 A) Church and Parking Lot 2 3 113.75' 9,555 sq. ft. (.219 A) Single Family Interior Lot 93 ' 113.75' 10,579 sq. ft. .213 A Sinle Family q ( ) g _ ,Corner Lot i5' 177' 13.275 so. ft. (.305 A) Single Family Interior Lot Cutlot A 5 - 1 7 .66 1 90.57' S Z22 sq. ft. (.130 A) Unbuildable,Tuture Sale & (Approx) Combination Minimum lot requirements for single family residential lots are 75 ft. in width and 9,00 sq. ft. in area for interior lots, and 90 ft. in width and 10,500 sq. ft. in area for comer Iots. The outlot is set up for possible sale or conveyance to an adjoining property. It is unbuildable until combined with another property. The new residential lots created face Ewing Avenue and 53 :avenue. Sanitary sewer and water lines are available in both Ewing and 53 Avenues. Storm sewer is also located in 53 Avenue. Five ft. wide drainage and utility easements should be shown around the side and rear lot lines for the new residential lots and a 10 ft. drainage and utility easement along the front property lines. The creation of the new single family lots aburring the church pari ing lot will require the reed to establish buffer and screening provisions by the chug -ch. A minimum 15 ft. greenstrip is required before parking or drive lanes can be established. This area is also to contain a screening device. Evergreen tre are used for screening Det`veen the ChurC? Caring lot and the e`Cistirg si. , ;e Tamil;: residence at 5920 Ewing _",venue. The church will establish a 15 ft. greenstrio along the area where it abuts with the single lots. lnev %vil1 provide curb and 2urter in I, area as 5 -16 - 90 Page 1 well. .-acceptable screening will also have to be established and should be acknowledged by the Planning Commission. • Currently there are drainage problems in the area where the new lots are to be created and an existing lot is located. The church is proposing to tie into existing storm sewer in 53 ;! Avenue to drain this area. The City Engineer will be reviewing this proposal to provide appropriate drainage for this site. The proposed division will not require revie�.v by the Shingle Creek Watershed Management Commission. The Cross of Glory Church will be reconfiguring their parking tot because of the creation of the new lots. This w result in the loss of parking, however, this is an area seldom used for church parking. There currently is an existing agreement benueen the church and the Brookdale West Professional Building to share parking facilities at different times. Even without the shared parking, the church will be able to provide adequate parking for its own purposes. The parking requirement for the 630 seat church is 210 parking spaces (one parking space for every three seats). Even with the reconfigurated parking, they will be able to provide approximately 230 parking spaces. It should be noted that the church is planning an expansion to their existing facility and will be presenting a Site and Building Plan for that proposal to the Planning Commission in the near future. We would still recommend the execution of a performance agreement and financial guarantee as part of the platting process to assure completion of the required buffer, screening and curb and gutter improvements. This could be included in a subsequent performance v agreement and financial guarantee if the building plans for the church facility go forward. A ublic be- � v y p hearing ` has schedui� d and notice has appeared in the Brooklyn Center Sun/Post. The Preliminary Plat appears to be in order and is recommended for approval subject to at least the following conditions: I. 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. including the need for a subdivision agreement regarding costs for utility service lines and hook -ups. 3. The applicant shall enter into a performance agreement and provide a financial guarantee (in an amount to be determined) to assure completion of all required Duffer, screening and curb and gutter improvements. This performance agreement and financial Quarartee shall be posted prior to the release of the final plat for filing with Hennepin County. • 5 -16 -96 Page 2 �� HO 1ImnS 1_ FIAr — ?� +7 _�NVn = 7 - ' hill ('3 I 71�x _ y 1 714P 71: \�\ \ � \\ \ \ ,lay � '•, � )/ Y '� y .,�`. , . r �' ' ✓`�' \\ \ \`- .,x\ ter- _ _� -- -- �----- "���-`- ��'��: '^�� �r� 4`�C _— u -u:u:r-I H '3AY !it 41A 111 1'( x U 19 � • _ _.. _- — .. .....- •- - -- -- - - - -- _ I�t ---- - - - - - — - - -- (� S7/HTt - �n �'�- _ ,'._.. _ •m �• / -' - - - - �) _fr •an It - mini • � �°� � - < - - - . t ' � ' �. -�.._ _ - � C\����. - ; - ,•, � am ... )ii li � � N '3AV • I111t(3Z Y� ` �.� { ( J 2' � - _- -... -' - � / •;� . " j �` Hl - - - - r o C) J - V XA rn � — / �3Hp — �i�.,�"- JS��:��r. ":!' - _ _ •)i •env- Ataur7i -�- - - - _ .�\ of IA) rP� X, ;: k - - - - •,., -- -f -1 l- N; .1 -t �'.v`..'� ._I �_Ll GI _ -� — �I 1.1_ _ Hurt£_ -,,AVE. _ — _ L . f . � _ .T rI tP -- _ - - i - lGtilf'nr 1 l'✓`. ? -_I I ! 17 ,lAr T)IfIHa I �1 ! ! T 1 1 1 I _ �� � l PRELIMINARY PLAT OF _ CRQSS OFGLORY 2ND ADDITION rN For —� I CROSS OF GLARY LUTHERAN CHURCH — _j� — -' j . �`— 592 Bi ooklyn Blvd. r , . ti- �r 41 Lirooklyri Conlor,Mlnn. 55129 - ------------ f o �OUiLDU �A —r : -� �" '_ [ ,- ; yrsc:_� - -•— i --� �- -• - - -- --- - - - - -- -- - - - -.� � _ �� ;� ��• �� � , : � 1 • � ���~ fill I 1 I = •� • BROO.1'L Y/V • ..l -. XX :. Y'���� � J L `.i.'. •.L,.. •. / .. , I _ . •: '�•: .. ... .,, .. ........ Y_ __ Ali Al La • e : _' .... 1 -.—: .n a ...... ,o- r ..... _. o... .. ...... �- .. ! \ ... , r ,. fn.vr • -' l IOUTLOT' n' all I I 1 r l 'lam I I �- - -� � • r - -� =_ -tom- ,,. - -_ ,- — — - — 1 �� ;!I I j ► : � — 9_ s t•� ..•BOA' /N' -._— ... .. �.\ .r _i�• '— _— N 7 O� l�i �. ru�..irArt - z !! i < _.. E /t� /NG A f' i3'O .. ,... �:r .i ,.-� - _. ---- L. �.. - \ 1 •� r _- Err_ _ _ - y I� � t Ic • - :_. NfEM0 RAND U`NI DATE: May 15, 1996 TO: Ron Warren, Planning and Zoning Specialist FROM: Scott Brink, City Engineer SUBJECT: PROPOSED PRELIMINARY PLAT AND SITE PLAN CROSS OF GLORY LUTHERAN CHURCH A review of the proposed preliminary plat and site plan have been conducted, and the following comments are presented. The preliminary plat was dated April 25, 1996 and the site plan dated May 13, 1996; both prepared by Nlerila and Associates. 1. Drainage and utility easements must be provided along all property lines. A minimum 5 ft. drainage and utility easement must be provided along all interior property lines and a 10 foot easement must be provided along all property lines bordering street right of way or roadway. The easements must be shown clearly on the preliminary plat. 2. Repeated drainage problems in the southern portion of this property have been reported by neighboring property owners; particularly around and at the southeast corner of 5920 Ewing Avenue . North. The applicant is providing additional storm sewer in this area to connect with existing storm sewer located under 58 lf� Avenue North. In addition, the applicant has proposed some tilling and grading to assist in accommodating runoff more effectively. The applicant must coordinate this grading with the property owner at 5920 Ewing since fill material is also proposed to be placed on that Property The existing storm sewer catch basin at the southern end of the property currently carries the majority of all drainage on the Church property, and will continue to do so according to the proposed plan. The proposal to convert about 0.80 acres of the property from parking lot to residential property should assist in reducing the amount of runoff, and along with the added storm sewer, should improve the existing situation. However, it is recommended that the applicant evaluate the effectiveness of the existing catch basin and assure that its capacity is sufficient. In addition, it is recommended that as a condition of final plat approval, the following be required to be completed within a reasonable time frame as established by the City: A. The proposed Lots 2, 3, 4 shall be removed of pavement surface and turf established. B. The proposed storm sewer shall be installed. A hook -up permit shall be secured with the City prior to connection with the existing storm sewer. C. The applicant shall work and cooperate with neighboring properties to complete grading as proposed on the plan. • 3. Additional concrete curb and ;utter is proposed for the revised portions of the parkin; lot. It is recommended that the applicant consider completing the remaining portions of the parkin; lot with curb • and gutter as well ` 4. Sanitary sewer and water main currently exist within Ewing Ave. N. And 58 '- Ave. N. The applicant will be responsible for service connections to the main, including restoration of the street surface and base, and water and sanitary hook up fees as applicable. 5. The proposed site plan will be subject to any additional conditions and requirements of private utilities. 6. An erosion and sedimentation control plan must be provided prior to final approval. 7. A standard utility and maintenance agreement with the City will be required as a condition of final approval. • City of Brooklyn Center K A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: August 21, 1996 SUBJECT: Licenses 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 August 26, 1996: AMUSEMENT DEVICES - VENDOR Just Kiddie Rides 12 -2 Dubon Court MECHANICAL CONTRACTORS Care Air Conditioning and Heating, Inc. 1211 Old Highway 8 Rouse Mechanical, Inc. P. O. Box 899, Minneapolis RENTAL DWELLINGS Initial: Donna Kabanuk 4207 Lakeside Ave. N. #123 Renewal: IMS of Fargo/Roger Anda Brookside Manor Apartments Dion Properties/Don McGillivray 5740 Dupont Ave. N. Gerard Moss/Brett Hildreth 5519 Lyndale Ave. N. Dwaine Nelson, Harriet Berg, and Donald Steile 620 53rd Ave. N. 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 �w Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS WHEREAS, the City Council wishes to begin City Council meetings with a Moment of Silence serving as an invocation; and WHEREAS, the current City Council Handbook provides for Opening Ceremonies; and WHEREAS, the City Council has determined that it wishes to modify its Order of Business as set forth in the City Council Handbook. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Council Handbook be and hereby is amended to read as follows relating to the Order of Business: 1. Call to Order 2. Roll Call • 3. Moment of Silence 4. Council Report 5. Presentations 6 Approval of Agenda and Consent Agenda 7. Open Forum 8. Public Hearing 9. Planning Commission Items 10. Council Consideration Items 11. Adjournment 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. 7- • MEMORANDUM DATE: August 21, 1996 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Administrative Aide SUBJECT: Resolution Commending the Winners of the 1996 Citywide Landscape and Garden Contest Winners of the second annual Landscape and Garden competition were announced July 26, 1996. The contest was initiated last year in our continuing efforts to encourage beautification and enhancement of properties in the City. While we were very satisfied with the twelve entries in the residential division, we were disappointed that there were no entries in the commercial division. The judges for the contest were Master Gardeners Joanna Troy of Plymouth and Wayne Biers of Minneapolis and Senior Engineering Technician Dave Anderson from the engineering staff. The judges were extremely complimentary of the diverse entries and praised the residents of our community for their gardening and landscaping skills. The First Place Winner in the landscape category, a repeat winner from last year's competition, is Susan Warner of 5655 Humboldt Avenue North. Careful consideration has been given for persons with disabilities in establishing the landscaping plan at this property. The second place winner in landscaping is Julie Loth of 6925 Drew Avenue North and 3rd place honors go to Wayne and Bobbi Weber of 5554 Humboldt Avenue North. Anna Larsen of 5425 Colfax Avenue captured first place in the flower garden category. Lavish perennial flower beds edged in an assortment of rocks enhance the back yard of this property. Dr. Marvin Trautwein of 3000 Nash Road was 2nd place winner in the flower garden competition and Elmer Peterson of 5350 Logan Avenue was named third place winner. All the entrants created unique masterpieces of art to enhance and improve the environment and quality of life in our community with their gardening and landscaping skills. Their efforts are appreciated by their neighbors and the entire community and they are to be commended. A resolution recognizing the winners of the 1996 Landscape and Garden Contest is atached for consideration. • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION COMMENDING THE WINNERS OF THE 1996 CITYWIDE LANDSCAPE AND GARDEN CONTEST WHEREAS, the City Council desires to promote beautification of residential and commercial properties in Brooklyn Center; and WHEREAS, the Council is appreciative of the hard work and efforts of many residents and businesses in gardening and landscaping their properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the following winners of the 1996 Citywide Landscape and Garden Contest are recognized and commended for their achievements: FLOWER GARDEN LANDSCAPING FIRST PRIZE FIRST PRIZE Anne Larsen Susan Warner • 5425 Colfax Avenue North 5655 Humboldt Avenue North SECOND PRIZE SECOND PRIZE Dr. Marvin Trautwein Julie Loth 3000 Nash Road 6925 Drew Avenue North THIRD PRIZE THIRD PRIZE Elmer Peterson Wayne & Bobbie Weber 5350 Logan Avenue North 5554 Humboldt Avenue North 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. �v • MEMORANDUM DATE: August 21, 1996 TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C H SUBJECT: Resolution Providing for the Issuance and Sale of $1,440,000 General Obligation Improvement Bonds, Series 1996A The City has three projects underway which require the sale of bonds to successfully finance their completion. First is the Orchard Lane East Area Street Improvement for which Resolution 95 -182 was passed on August 14, 1995, ordering the improvement. This project has reconstructed streets in the Woodbine area. Reconstruction of 69th Avenue from Shingle Creek Parkway to Dupont Avenue is the second project. Resolution 95 -192 was passed on August 28, 1995, ordering this improvement. Third is the Logan, James, & Knox project for which Resolution 95 -185 was passed on August 14, 1995, ordering the improvement. Resolutions 96 -141 through 96 -143 declared the costs to be assess for these three projects and set September 9, 1996 as the date for public hearings to pass the special assessment of benefited properties as provided by Minnesota Statutes Chapter 429. These will be financed by a single bond issue in the amount of $1,440,000. By combining them we can economize on the bond issuance cost. The special assessments will repay approximately $540,000 of the $1,440,000 bond issue. Property taxes will repay the remaining $900,000 of the bonds. Springsted Inc. has estimated that the tax levy required for 1997 will be $116,629. We have allowed $125,000 in the tax levy in the proposed 1997 budget to guard against interest rate increases or other unforseen developments. The City Council will be able to dispose of any actual surplus tax levy when adopting the final budget in December. The attached resolution officially authorizes the sale of the bonds and sets the sale date for September 23, 1996 at 11:00 A.M. Proposals will be opened at that time at the offices of Springsted Incorporated. Springsted will recommend an award at the City Council that night. Final approval will depend upon City Council action. Proceeds of the bond sale should be received by the City in late October. Also attached is a set of recommendations from Springsted Inc. CITY OF BROOKLYN CENTER ESTIMATE OF BONDING NEEDS FOR THE YEAR 1996 Logan Orchard 69 th James PROJECT Lane East Avenue & Knox TOTALS Total Construction Costs 1,164,980 154,000 588,206 1,907,186 Paid from Cash Reserves 0 Gross Special Assessments 673,830 154,000 214,600 1,042,430 Assessment Stabilization 47,600 11,050 26,350 85,000 Net Special Assessments 626,230 142,950 188,250 957,430 Estimated SA Prepayments 42% 263,017 64,680 90,132 417,829 Special Assess Bond Needs 363,213 78,270 98,118 539,601 Property Tax Bond Needs 491,150 0 373,606 864,756 Total Bonds Needs 854,363 78,270 471,724 1,404,357 BONDNEED.XLS 96byproj 8/20/96 • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,440,000 GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 1996A 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: (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 East - Street Improvements $854,363 69th Avenue - Street Improvements 78,270 Logan, James & Knox - Street Improvements 471,724 • Costs of Issuance 20,050 Discount ;17,280 Less: Investment Earnings (1.687) Total Issue $1.440.000 (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue $1,440,000 General Obligation Improvement Bonds, Series 1996A (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 $1,422, 720. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $17,280. The excess of the purchase price of the Bonds over the sum. of $1,422,720 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 Terms of Proposal: • RESOLUTION NO. THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: • TERMS OF PROPOSAL $1,440,000 CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, September 23, 1996, 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 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635 -3545. 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 November 1, 1996, as the date of original issue, and will bear interest payable on February 1 and August ,1 of each year, commencing August 1, 1997. 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: 1998 $115,000 2002 $145,000 2005 $155,000 1999 $135,000 2003 $145,000 2006 $155,000 2000 $140,000 2004 $150,000 2007 $160,000 2001 $140,000 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, RESOLUTION NO. 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. In addition the City will pledge special assessments against benefited property. The proceeds will be used for public improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $1,422,720 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 $14,400, 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 RESOLUTION NO. 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. 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. RESOLUTION NO. 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 up to 60 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 August 26, 1996 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Clerk its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,440,000 GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 1996A 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: (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 East - Street Improvements $854,363 69th Avenue - Street Improvements , 78,270 Logan, James & Knox - Street Improvements 471,724 • Costs of Issuance 20,050 Discount 17,280 Less: Investment Earnings (1.687) Total Issue $1.440.000 (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue $1,440,000 General Obligation Improvement Bonds, Series 1996A (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 $1,422, 720. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $17,280. The excess of the purchase price of the Bonds over the sum of $1,422,720 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 Terms of Proposal: ; • RESOLUTION NO. • 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 p.m. on Monday, September 23, 1996, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. 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. • RESOLUTION NO. THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,440,000 CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, September 23 1996 until 12:00 Noon Y P , 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 e orb fax 612 223 300 2 to Springsted. P Y ( ) p ngsted. 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 s 9 P specified above. p e Proposals may also be filed electronicall P Y y • 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 100 116th Avenue.SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635 -3545. 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 November 1, 1996, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1997. 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: 1998 $115,000 2002 $145,000 2005 $155,000 1999 $135,000 2003 $145,000 2006 $155,000 2000 $140,000 2004 $150,000 2007 $160,000 2001 $140,000 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, RESOLUTION NO. 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 the Bonds, will be required d Bonds with DTC. rY to deposit the 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 he 9 Y t City will pledge its full faith and credit and power to levy irect general ad valorem tax Y 9 es. In addition the City ill pledge special al Y P 9 P assessments against benefited property. The proceeds will be used for public improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $1,422,720 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 $14,400, 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 b Springsted Incor ora n y Incorporated of later than 3:30 P.M., Central Time, me, on the next business day following the award. If such Deposit is not received b that Y 9 P y at 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 RESOLUTION NO. 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 mutual) satisfactory to the City Y ry 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. RESOLUTION NO. 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 an additional information prior to sale Y p 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 i Y t shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded up to 60 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 August 26, 1996 BY ORDER OF THE CITY COUNCIL Isl Sharon Knutson • Clerk • RESOLUTION NO. 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 p.m. on Monday, September 23, 1996, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. 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. • Recommendations For City of Brooklyn Center, Minnesota $1 000 General Obligation Improvement Bonds, Series 1996A Presented to: The Honorable Myrna Kragness, Mayor Members, City Council Mr. Charlie Hansen, Finance Director Mr. Michael McCauley, City Administrator City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 SPRINGSTED Public Finance Advisors Study No.: 130201.V1 SPRINGSTED Incorporated August 21, 1996 RECOMMENDATIONS Re: Recommendations for the Issuance of $1,440,000 General Obligation Improvement Bonds, Series 1996A Proceeds of the bonds will be used to finance three street improvement projects within the City: Orchard Lane East, 69th Avenue from Shingle Creek Parkway to Dupont Avenue, and portions of Logan, James and Knox Avenues. 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, September 23, 1996, at 12:00 Noon, with award that evening at 7:00 P.M. 3. Authority and Purpose for the Bond Issue The bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475, to finance various street improvement projects within the City. 4. Principal Amount of Offering $1,440,000. The composition of the issue is • as follows: Project Costs $1,907,186 Less: Assessment Stabilization Funds (85,000) Projected Prepayments of Special Assessments (417.829 Subtotal $1,404,357 Costs of Issuance 20,050 Allowance for Discount Bidding 17,280 Less: Investment Earnings (1.687 Total Bond Issue $1,440,000 5. Repayment Term The first interest payment on the bonds is due August 1, 1997. Principal will be due February 1, 1998 through 2007. 6. Source of Payments The bonds will be repaid from special assessments against benefited property and a general ad valorem tax levy averaging $118,755 annually. 7. Prepayment Provisions The bonds maturing February 1, 2006 and 2007 will be callable on February 1, 2005 • and any day thereafter at a price of par plus accrued interest. City of Brooklyn Center, Minnesota August 21, 1996 8. Credit Rating Comments The City is currently rated "Al" by Moody's • Investors Service. This issue will require a rating application to assure continuation of the rating. 9. Bank Qualification The City does not expect to issue over $10,000,000 of tax - exempt obligations in 1996, and therefore this issue will be bank - qualified. Issues which are bank - qualified receive interest rates which are lower than issues which are not bank - qualified. 10. Rebate Requirements All tax - exempt issues are subject to the federal arbitrage requirements. However, since the City will issue less than $5,000,000 in tax - exempt financing in 1996, it may exempt itself from rebating arbitrage earnings to the federal government. We have enclosed for City staff a primer which explains the federal arbitrage requirements. 11. Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund or be subject to yield restriction. This is also described in the Arbitrage Primer sent to staff. 12. Economic Life The average life of the bonds cannot exceed 120% of the economic life of the projects to be financed. The economic life of the street improvements is 20 years. The bonds are therefore within the economic life requirements. 13. Federal 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 understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations. 14. Continuing Disclosure This issue is subject to the continuing disclosure requirements, as were the City's 1995 bond issues. The SEC rules require the City to undertake an annual update of its Official Statement information and report any material events to the national repositories. Springsted also provides. continuing disclosure services. We have forwarded to City staff a summary of the SEC's continuing disclosure requirements and a contract for our services if the City so desires. Page 2 City of Brooklyn Center, Minnesota r August 21, 1996 15. Attachments Assessment Income Schedule Debt Service Schedule Terms of Proposal DISCUSSION Page 4 shows a projection of special assessment income. Assessments totaling $539,601 of principal are expected to be filed on or about November 30, 1996, 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 debt service schedule for this issue is shown on page 5 of these recommendations. Columns 1 through 7 show the years and amounts of principal and estimated interest due on the bonds, including the 5% overlevy. The overlevy is required by State Statute as a protection to the City and the bondholder in the event of delinquencies in the collection of special assessments and taxes for repayment of the bonds. Column 8 shows the projection of assessment income shown on page 4. Column 9 shows the net tax levy requirement for this q issue which represents the difference between the projected assessment income and 105% of debt service. Special assessments and tax collections are expected to be sufficient to make each August 1 interest payment due in the year of collection and each subsequent February 1 payment of principal and interest. Respectfully submitted, SPP�R Incorporated sms Provided to Staff: a) Summary of Arbitrage Rules b) Summary of Continuing Disclosure Requirements C) Continuing Disclosure Contract • Page 3 CITY OF BROOKLYN CENTER, MINNESOTA Prepared August 20, 1996 G.O. Improvement Bonds, Series 1996A By SPRINGSTED Incorporated PROJECTED ASSESSMENT INCOME 0 - 1996 Street Projects Filing Date: 11/30/1996 Filing Collect Interest Year Year Principal @ 7.000% Total - - - -- - - - - - -- --- - - - - -- -- - - - - -- - - - -- 1996 1997 53,960 41,084a 95,044 1997 1998 53,960 33,995 87,955 1998 1999 53,960 30,218 84,178 1999 2000 53,960 26,440 80,400 2000 2001 53,960 22,663 76,623 2001 2002 53,960 18,886 72,846 2002 2003 53,960 15,109 69,069 2003 2004 53 11,332 65,292 2004 2005 53,960 7,554 61,514 2005 2006 53,961 3,777 57,738 TOTALS 539,601 211,058 750,659 a) Includes interest from filing date to 12/31/1997. i Page 4 CITY OF BROOKLYN CENTER, MINNESOTA Prepared August 20, 1996 G.O. Improvement Bonds, Series 1996A By SPRINGSTED Incorporated D: 1: 10- 1 -1996 Mae: 2- 1 First Interest: 8- 1 -t997 Total Projected Total Year of Year of Principal 105% Assessment Net Levy Mat. Principal Rates Interest & Interest of Total Income Requirement (1) (2) (3) (4) (5) (6) (7) (8) (9) 1996 1998 115,000 3.95% 86,593 201,593 211,673 95,044 116,629 1997 1999 135,000 4.10% 60 195,402 205,172 87,955 117 1998 2000 140,000 4.25% 54,867 194,867 204,610 84,178 120,432 1999 2001 140,000 4.35% 48,917 188,917 198,363 80,400 117,963 2000 2002 145,000 4.45% 42,827 187,827 197,218 76,623 120,595 2001 2003 145,000 4.55% 36,374 181,374 190,443 72,846 117,597 2002 2004 150,000 4.65% 29,776 179,776 188,765 69,069 119 2003 2005 155,000 4.75% 22 177,801 186,691 65,292 121 2004 2006 155,000 4.85% 15,438 170,438 178,960 61,514 117,446 160 000 4.95% 7 920 167 920 176 2005 2007 , , 316 57,738 118,578 , � TOTALS: 1,440,000 405,915 1 1,938,211 750,659 1,187,552 Bond Years: 8,725.00 Annual Interest: 405,915 Avg. Maturity: 6.06 Plus Discount: 17 Avo Annual Rate: 4.652% Net Interest: 423,195 T qb . Rate: 4.870% N.I.C. Rate: 4.850% Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. Page 5 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. In addition the City will pledge special assessments against benefited property. The proceeds will be used for public improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $1,422,720 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 $14,400, 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 Page 7 r ' 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 fallowing 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 8 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 up to 60 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 August 26, 1996 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson Clerk Page 9 7cZ • Memorandum To: Michael J. McCauley, City Manager From: Tom Bublitz, Community Development Specialist Date: August 21, 1996 Subject: Resolution Reprogramming 1996 Urban Hennepin County Community Development Block Grant Funds From Scattered Site Redevelopment Project to 53rd Avenue Redevelopment Project Staff is presently working on data to establish the 53rd Avenue redevelopment project. A brief summary of the proposed project follows. The proposed 53rd Avenue project will involve the acquisition and clearance of up to 27 properties within the project area along 53rd Avenue North from 4th Street to Bryant Avenue North. The City will: • Replat the property into new lots. • Sell the lots for new owner- occupied housing. • • Construct a new roadway north of 53rd Avenue North. • Orient the new homes to the new roadway north of 53rd Avenue North. • Construct a greenway along 53rd Avenue North, highlighted by landscaping, berming, fencing and a bicycle /pedestrian trail. One of the primary funding sources proposed for the project is the City's annual Community Development Block Grant (CDBG) allocation. In order to access CDBG funds for the project, the City must take several actions, including: • Pass a resolution to reprogram 1996 CDBG dollars currently allocated to the scattered site project to the 53rd Avenue project. • Preparation of an environmental assessment that analyzes the impact of redevelopment activities on the environment, as well as the impact of the surrounding environment on the proposed redevelopment. Before the City can actually expend an CDBG funds on the project, or an fiords with the Y P Y p J Y EDA fi expectation of CDBG reimbursement, the environmental review must be completed. Additionally, a legal notice must be published with regard to the environmental assessment and a 30 day review and comment period must be observed before the project is released by HUD and dollars become available to • the City. • Establish a definition of slum and blight and develop a relocation plan for residents displaced by the project. These are also requirements placed on the City by HUD. • Memorandum to Michael J. McCauley August 21, 1996 Page 2 The environmental review is being prepared with the assistance of Hennepin County staff. The environmental review is the most significant work item that must be completed prior to releasing CDBG dollars to do the 53rd Avenue project. The reprogamming of the scattered site CDBG funds to the 53rd Avenue project can be done by resolution without a public hearing. County staff has asked the City to reprogram the funds prior to the end of August to allow the County time to amend their "consolidated plan" by adding the 53rd Avenue redevelopment project to the plan. Hennepin County's "consolidated plan" serves as the working document for programming CDBG funds at the County level. To accommodate the 53rd Avenue project, the County Board must amend the consolidated plan. To accomplish the "consolidated plan" amendment, the County must publish a notice of public hearing and allow for a 30 day review and comment period after publication, then hold the public hearing. The resolution attached to this memorandum would reprogram the 1996 Urban Hennepin County Community Development Block Grant funds from the City's scattered site redevelopment project to the 53rd Avenue redevelopment project. If the 53rd Avenue project did not go forward for some reason, the CDBG dollars could again be reprogrammed back to scattered site or some other eligible CDBG use. A summary of City Council action taken with regard to the 1996 CDBG program is summarized below. Resolution No. 96 -61, approved on March 11, 1996, approved the projected use of funds for the 1996 Urban Hennepin County CDBG program. This resolution was approved following a public hearing and the following allocations were made: PROGRAM AMOUNT ALLOCATED Household Outside Maintenance $9,000 for the Elderly (H.O.M.E) Single- family rehabilitation $166,054 Scattered site redevelopment $75,000 TOTAL $250,054 • Following a City Council work session on April 29, 1996, the City Council passed Resolution No. 96 -98 on May 13, 1996, which amended Resolution No. 96 -61 and approved the following reallocation of CDBG dollars for 1996: Memorandum to Michael J. McCauley • August 21, 1996 Page 3 PROGRAM AMOUNT ALLOCATED Household Outside Maintenance $6,000 for the Elderly (H.O.M.E) Single - family rehabilitation $ 60,006 Scattered site redevelopment $184,054 TOTAL $250,054 The resolution attached to this memorandum would provide for the reprogramming of CDBG dollars in the followin g amounts: PROGRAM AMOUNT ALLOCATED Household Outside Maintenance $6,000 for the Elderly (H.O.M.E) • Single - family rehabilitation $60,054 53rd Avenue redevelopment project $193,971* TOTAL $259,971 *Note: This amount represents an additional $9,917 which became available to the City after an additional allocation was made to all Hennepin County cities from HUD. • Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION REPROGRAMMING 1996 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM SCATTERED SITE REDEVELOPMENT PROJECT TO 53RD AVENUE REDEVELOPMENT PROJECT WHEREAS, Council Resolutions 96 -61 and 96 -98 provided for the allocation of $184,054 in 1996 Community Development Block Grant funds for the scattered site redevelopment program; and WHEREAS, an additional $9,917 has become available for the 1996 Brooklyn Center Community Development Block Grant allocation from the final allocation of CDBG funds from the Department of Housing and Urban Development to the Urban Hennepin County CDBG program; and WHEREAS, the Brooklyn Center City Council desires to reprogram $193,971 from the 1996 scattered site redevelopment project to the 53rd Avenue redevelopment project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that $193,971 from the 1996 scattered site redevelopment project is hereby reprogrammed to the 53rd Avenue redevelopment project. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City o f Brooklyn Center 7E A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Myrna Kragness Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kristen Mann Councilmember Charles F. Nichols, Sr. FROM: Michael J. McCauley, City Manager DATE: August 22, 1996 SUBJECT: Set Date for Council Work Sessions Council will meet in work session at 5:30 p.m., City Hall, on the following dates: Monday, September 23, 1996 Monday, September 30, 1996 As previously scheduled, at 7 p.m. on September 30, 1996, the Council will meet with the Charter Commission. • 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 Tr: PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 17 THROUGH 23, 1996, AS CONSTITUTION WEEK WHEREAS, Our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America; and WHEREAS, It is of the greatest importance that all citizens fully understand the provisions and principles contained in the Constitution in order to effectively support, preserve, and defend it against all enemies; and WHEREAS, The two hundred ninth anniversary of the Signing of the Constitution provides an historic opportunity for all Americans to remember the achievements of the Framers of the Constitution and the rights, privileges, and responsibilities they afforded us in this unique document; and WHEREAS, The independence guaranteed to American citizens, whether by birth or naturalization, should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23, as designated by proclamation of the President of the United States of America in accordance with Public Law 915. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the week of September 17 through 23; 1996, as Constitution Week in the City of Brooklyn Center, and urge all citizens to reflect during that week on the many benefits of our Federal Constitution and the privileges and responsibilities of American citizenship. Date Mayor Attest: City Clerk • The History of'Citizenship Dory and Constitution Week The United States Congress, in commemoration of the signing of the Constitution, authorized in • 1952 in annual Presidential proclamation designat- ing September 17 as C;itizenshif) Day, recognizing that "We the People" are the supreme authority and that citizenship is fundamental to our system of government. The Daughters of the American Revolution later proposed and Congress approved a second resolu- (ion, August 2, 1955, authorizing the President to designate annually the week of September 17 -23 as Constitution Week, in recognition of the historic importance of the Constitution and the significant role it plays in our lives today. The President now issues a single proclamation each year designating both Citizenshil) Dcw and Constitution Week, thus perpetuating an annual practice that will remind future generations of the importance of Constitutional government. H 1 1 S ' 7 0 9-1 • MEM To: Michael J. McCauley, City Manager= �, From: Tom Bublitz, Community Development Specialist Subject: Resolution Electing to Continue Participating in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act - Calendar Year 1997 Date: August 22, 1996 The City of Brooklyn Center agreed to participate in the Livable Communities Act in 1995 and approved Resolution No. 95 -244, a resolution regarding City of Brooklyn Center participation in the Metropolitan Livable Communities Act. The resolution was passed on November 13, 1995. The Metropolitan Council requires cities to annually consider their participation in the Livable Communities Act. The resolution included with this memorandum would continue the City's participation in the Livable Communities Act. One of the key documents in the Livable Communities Act program is the Housing Goals Agreement. This agreement establishes goals for affordable housing for all cities participating in the Livable Communities Act. The City of Brooklyn Center already meets all its goals for affordable housing as outlined in the Housing Goals Agreement with the Metropolitan Council and approved b the Ci Cou pp y y c 1 on December 11, 1995. The City can comply with this Housing Goals Agreement without creating any new affordable housing. The memorandum from the Metropolitan Council, dated August 8, 1996, and attached to this memorandum, discusses the City's affordable and life -cycle housing opportunities amount ( ALHOA). The ALHOA is an amount, established by formula in the Livable Communities Act, that a participating municipality must spend to create affordable and life -cycle housing or to maintain existing affordable housing and life -cycle housing. A participating municipality ALHOA amount is established each year by the Metropolitan Council. In Brooklyn Center's case, the ALHOA amount for 1997 is $0. In order to remain eligible for Livable Communities Act funding programs, the City Council must continue to participate in the Livable Communities Act by adopting the attached Resolution Electing to Continue Participating in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act - Calendar Year 1997. Attachment • Metropolitan Council Working for the Region, Planning for the Future DATE: August 8, 1996 TO: Communities Participating in the o if i le Communities Act in 1996 FROM: Thomas C. McElveen, Deputy Direct SUBJECT: Certification of the Affordable and Life -cycle Housing Opportunities Amount - ALHOA Metropolitan Livable Communities Act The Livable Communities Act of 1995 (LCA) requires that the Metropolitan Council annually notify every municipality in the region of its affordable and life -cycle housing opportunities amount ( ALHOA) _for the following year. The ALHOA is an amount of expenditure by the community to support, or assist the development of affordable and life -cycle housing or maintain existing affordable and life -cycle housing. Expenditure of the ALHOA is required of communities that want to compete for access to over $11.0 million available annually through the LCA's three funding accounts. The ALHOA is derived from the formula prescribed in the law involving market value, tax capacity, and tax rates provided to the Metropolitan Council annually by the county assessor. There are a number of sources of local financial contribution that can be counted as an ALHOA expenditure. Some examples include — local financial, contributions to housing assistance, development or rehabilitation programs, the use of CDBG monies for housing activities or a tax levy to support a local or county HRA. The 1997 ALHOA for your community is the amount found in the shaded column on the enclosed ALHOA notification. As required by law, beginning in 1998, the Metropolitan Council must annually determine whether participating communities have expended this ALHOA during the previous calendar year. If not, the community may be required to distribute this ALHOA to the Housing Incentive Account or to their local or county HRA. If you, want to continue to participate in the LCA for 1997, you must inform the Metropolitan Council of your intention to do so prior to November 15. For your convenience, a model resolution regarding 1997 is enclosed. If you have any questions about the ALHOA, please call Guy Peterson at 291 -6418. If you have questions about participation in the LCA in 1997, please call the Metropolitan Council sector representative for your community as listed below: Anoka, Washington, and Ramsey Counties Dick Thompson 291 -6457 Dakota, Carver and Scott Counties Carl Schenk 291 -6410 • Hennepin County Tom Caswell 291 -6319 Minneapolis and St. Paul Guy Peterson 291 -6418 U:\KRUGERTETERSONWART. DOC 230 East Fifth Street St. Paul, Minnesota 55 10 1 -1634 (612) 291 -6359 Fax 291 -6550 TDDJTTY 291 -0904 Metro Info Line 229 -3780 An Equal Opportunity Employer - " Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT - CALENDAR YEAR 1997 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless • the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life -cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1997, a metropolitan area municipality that did not participate in the Local Housing Incentive Account Program during the calendar year 1996, can participate under Minnesota Statutes Section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1996; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life -cycle housing goals for the municipality. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City of Brooklyn Center hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1997. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • METROPOLITAN COUNCIL AFFORDABLE LIFE -CYCLE HOUSING OPPORTUNITIES AMOUNTS FOR TIIE YEAR 1997 Pay 1995 Pay 19% 4% of Tatal Payable 1995 Payable 19% Number of Payabk I99S Payable 19% homestead Homestead Ifomesemd Lessor of Growth Pay 19% Number of Number of Homesteads Market Value Market Value Net Tax Capacity Net Tax Capacity Growth in Tax Capacity In Exeess or 4% City Tax Hatoct"S Homesteads Percentage Cilyfrmushi Base Amount Bose Amomt Esceas lice" Este" x Local Rate Hom Tax Capacity Rate in Excess in Excess Change Brooklyncmtc _ 141,947 156,091 19,f1t :. II,3Yt 74.076 19.764'/. 39 74 (36.34 %) I 76 MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: August 22, 1996 SUBJECT: Staff Recommendation Regarding Mechanical License for Rapid Heating and Air Conditioning The City of Brooklyn Center has received an application for license from Rapid Heating and Air Conditioning to renew its mechanical contractor's license. Upon review of past practices of the contractor (see attached documentation), I have recommended denial of the application. Mr. Duane Biddle, owner of Rapid Heating and Air Conditioning, has routinely performed work without a permit, has been issued correction orders that were ignored, and has been issued citations. In May of this year, Mr. Biddle pled guilty to three misdemeanor offenses relative to his work at 4406 Woodbine Lane. In accordance with the provisions of Chapter 23 -004 of the City Ordinances, notice has been sent to Mr. Biddle informing him of recommendation to deny his mechanical license application (see attached letters dated July 22 and August 22, 1996). The reasons for denial are outlined in the letters, and the August 22 letter also informs him when the matter would be before the City Council. I believe it is in the best interest of the City of Brooklyn Center and the residents of this community that Mr. Biddle's application be denied. Mr. Biddle's disregard for City Ordinances and State Building Codes is a health safety issue that should not be tolerated. It is my recommendation that the denial be affirmed by the City Council. Attachments • 3[ City of Brooklyn Center A great place to start. A great place to stay. • August 21, 1996 Duane Frank Biddle Rapid Heating and Air Conditioning 8601 - 73rd Avenue North, Suite 6 Brooklyn Park, MN 55428 Dear Mr. Biddle: The City of Brooklyn Center has received your application for renewal of your mechanical license pursuant to the requirements of City Ordinance 23 -1500. Upon forwarding your request t o the appropriate munici a q municipal officer, it was recommended that your application for mechanical license be denied. Denial is based upon failure to comply with ordinance provisions, statutes, or legal directives pertaining to the regulation of activities authorized by the license. The following are examples of some of Rapid Heating and Air Conditioning's violations as noted by staff: 1. In November 1987, a furnace was installed without first having btained a permit. The g P permit for 5535 Dupont Avenue North was obtained after the fact. 2. No permit was obtained for a furnace installed at 5338 Humboldt Avenue North. 3. On October 26, 1992, a citation was issued for the installation of a mechanical system without a license. 4. On October 24, 1995, correction orders were issued to Rapid Heating and Air Conditioning for mechanical installation work done at 4406 Woodbine Lane. 5. On November 22, 1995, final notice was given regarding 4406 Woodbine Lane. 6. On December 14, 1995, correction orders regarding 4406 Woodbine Lane were faxed to . Rapid Heating. g 7. On December 28, 1995, a citation request was issued. 8. On May 20, 1996, Duane Biddle d /b /a Rapid Heating and Air Conditioning, appeared in court and pled guilty to three misdemeanor offenses related to the Woodbine • Property. 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 Duane Frank Biddle • Rapid Heating and Air Conditioning August 21, 1996 Page 2 The matter of your mechanical license application will be before the City Council on August 26, 1996, at 7:00 p.m. in Council Chambers at Brooklyn Center City Hall, 6301 Shingle Creek Parkway. You have the right to appear before the City Council in support of your. application. Attached you will find staff reports that will be used in the consideration of your license application. The reports identify and describe Rapid Heating and Air Conditioning's violations. If you have any questions regarding this matter, please feel free to contact me at 569 -3300. Sincerely, Sharon Knutson City Clerk CITY OF BROOKLYN CENTER SK: rd S cc: Brad Hoffman, Community Development Director City of Brooklyn Center A great place to start. A great place to stay. August 9, 1996 Mr. Duane Frank Biddle Rapid Heating and Air Conditioning 86017' rd Avenue North Brooklyn Park, MN 5428 Dear Mr. Biddle: On July 22, 1996, I mailed you a letter regarding the status of your application for mechanical license. The matter was scheduled for the August 12, 1996, City Council agenda for discussion and Council action. The item has been rescheduled to the August 26, 1996, City Council meeting, 7 p.m. in Council Chambers, Brooklyn Center City Hall, 6301 Shingle Creek Parkway. You have the right to appear before the City Council in support of your application. Should you have questions regarding your license application, please call me at 569 -3306. Sincerely, �L l t Sharon Knutson, CMC City Clerk cc: Brad Hoffman, Community Development Director 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. July 22, 1996 Duane Frank Biddle Rapid Heating and Air Conditioning 8601 - 73rd Avenue North, Suite 6 Brooklyn Park, MN 55428 Dear Mr. Biddle: The City of Brooklyn Center has received your application for renewal of your mechanical license pursuant to the requirements of City Ordinance 23 -1500. Upon forwarding your request to the appropriate municipal officer, it was recommended that your application for mechanical license be denied. Denial is based upon failure to comply with ordinance provisions, statutes, or legal directives pertaining to the regulation of activities authorized by the license. The following are some of the violations by Rapid Heating and Air Conditioning: ® 1. In November 1987, a furnace was installed without first having obtained e b a p rmlt. The permit for 5535 Dupont Avenue North was obtained after the fact: 2. No permit was obtained for a furnace installed at 5338 Humboldt Avenue North. 3. On October 26, 1992, a citation was issued for the installation of a mechanical system without a license. 4. On October 24, 1995, correction orders were issued to Rapid Heating and Air Conditioning for mechanical installation work done at 4406 Woodbine Lane. 5. On November 22, 1995, final notice was given regarding 4406 Woodbine Lane. 6. On December 14, 1995, correction orders regarding 4406 Woodbine Lane were faxed to Rapid Heating. 7. On December 28, 1995, a citation request was issued. 8. On May 20, 1996, Duane Biddle d /b!a Rapid beating and Air Conditioning, appeared in court and pled guilty to three misdemeanor offenses related to the Woodbine Property 6301 Shingle Creek Pkwy, Brooklyn Center, OLIN 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 Duane Frank Biddle Rapid Heating and Air Conditioning July 22, 1996 Page Two The matter of your mechanical license application will be before the City Council on August 12, 1996, at 7:00 p.m. in Council Chambers at Brooklyn Center City Hall, 6301 Shingle Creek Parkway. You have the right to appear before the City Council in support of your application. If you have any questions regarding this matter, please feel free to contact me at 569 -3300. Sincerely, Sharon Knutson City Clerk CITY OF BROOKLYN CENTER SK: rd cc: Brad Hoffman, Community Development Director • GA�RSON AND GLELLAI�TD ATTORNEYS AT LAW • 6300 SHINGLE CREEK PARKWAY. SUITE 30S JEFFREY A. CARSON MINNEAPOLIS, MINNESOTA 55430 -2190 TELEPHONE WILLIAM G. CLELLAND (612) 561 -2800 ELLEN M. SCHREDER FAX THOMAS R. JOHNSON - (612) 561 -1943 21 May 1996 Mr. Dave Fisher, Inspections Department City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: State of Minnesota, City of Brooklyn Center vs. Duane Frank Biddle, d /b /a Rapid Heating and Cooling Dear Dave: Biddle appeared in Court on Monday, 20 May 1996. I allowed him to plead guilty tc three misdemeanor offenses and I dismissed the remaining offenses. Our plea agreement called for a $200.00 fine with,respect to each charge and 30 days in jail with respect to each charge. The time in jail was stayed upon condition that he pay a total of $600.00 in fines plus surcharges, complete all necessary corrective work within 30 days, have no same or similar offenses and no new uncorrected violations or non- compliance orders. Biddle claims that the home owner will not make the premises available for the remedial work. I can't judge if that is true or not but I would like you to contact the home owner and find out when the premises can be available and then determine exactly what else needs to be done in order to bring this project into compliance and thereafter to inform Biddle of what he needs to do and when he can perform the work. I am pleased that the case has been resolved in this manner. The fines and surcharges are certainly a meaningful penalty and this will result in compliance. Biddle failed to appear in Court • i Mr. Dave Fisher 21 May 1996 Page 2 last time and he posted $400.00 cash bail. The cash bail has been applied to the fines and he will have some time to pay the remainder. Sincerely, CARSON AND CLELLAND William G. Clelland Brooklyn Center Prosecutor WGC:snt cc Mike McCauley Brad Hoffman • MEMORANDUM TO: Brad Hoffman, Director of Community Development FROM: David Fisher, Building Inspector DATE: December 28, 1995 RE: Citation Request & License Revocation for Rapid Heating and Air Conditioning, located at 8601 73RD Avenue North Suite # 6, Brooklyn Park, MN 55428 Rapid Heating has not been diligent in obtaining required permits, maintaining their mechanical license, responding to corrections in a timely manner, or submitting required orsat test data on mechanical installations. This has necessitated us sending more correspondence to them than any other mechanical contractor. On a previous furnace installation in November 1987 at 5535 Dupont Avenue North, a permit was obtained only after an electrical permit was issued and we called the owner. The same situation happened at 5338 Humboldt Avenue North in December of 1989. On October 26, 1992, a citation was issued to Duane Biddle the owner of Rapid Heating and Air Conditioning for installation .of mechanical systems without a license. se. Numerou s other instances of failure to provide orsat tests and working without a permit can be sited. • On October 23, 1995, I conducted a final mechanical inspection at 4406 Woodbine Lane. During my inspection the following corrections were noted: 1. Provide orsat test to City Inspection Department. 2. Provide metal draft stop where the "B" vent passes through ceiling in the basement. 3. Provide support to (PVC) vent per instructions. 4. Seal around (PVC) on exterior of dwelling to make weather tight. 5. Provide correct sidewall termination per instructions. See Fig. 39 in instructions. 6. Send letter certifying that water heater is venting properly or reduce to 4 -inch vent. 7. Obtain plumbing permit for the installation of the new water heater our company .The Y Pant also installed recently. permit must be obtained by a State licensed plumber. On October 24, 1995, correction orders were issued to Rapid Heating and A/C, at 8601 73Rd Avenue North Suite #6, Brooklyn Park, MN 55428. On November 13, 1995, a follow -up inspection was scheduled for a furnace replacement, but the owner of 4406 Woodbine Lane was not home. A door knob tag was left and the owner called on November 22, 1995. The owner stated that Rapid Heating and A/C had made no attempt to correct any of the violations nor had the responded in any way. On November 22, 1995, a final notice was issued to Rapid Heating and A/C for the same corrections. Rapid Heating & A/C December 28, 1995 Page #2 of 2 On December 13, 1995, a follow -up inspection was scheduled, but the owner of 4406 Woodbine Lane was not home. A door knob tag was left and the owner called on December 13, 1995. Again, nothing had been done and Rapid Heating and A/C did not responded in any way. On December 14, 1995, I called and faxed the correction orders to Rapid Heating and A /C. On December 28, 1995, I called the owner of 4406 Woodbine Lane. Nothing has been done and Rapid Heating and A/C has not respond in any way. Therefore, I am requesting issuance of a citation for the following violations: Chapter 3 Building Code Section 102 A & G 1. Failure to provide orsat test to City Inspection Department. 2. Failure to provide metal draft stop where the "B" vent passes through ceiling in the basement. 3. Failure to provide support to (PVC) vent per instructions. 4. Failure to correctly seal around (PVC) on exterior of dwelling to make weather tight. 5. Failure to provide correct sidewall termination per instructions. See Fig. 39 in instructions. 6. Failure to send letter certifying that water heater is venting properly or reduce to 4 -inch vent. 7. Failure to obtain plumbing permit for the installation of the new water heater your company also installed recently. The permit must be obtained by a State licensed plumber. Citation should be issued to: Duane Frank Biddle (Owner of Rapid Heating & A/C) 8601 73RD Avenue North Suite #6 Brooklyn Park, MN 55428 I also request due consideration be given to revoking Rapid Heating and Air Conditioning's mechanical license because of all the past problems that the City has had with this company. (Section 23 -1500 Mechanical license) • MEMORANDUM TO: Brad Hoffman, Community Development erector FROM: Clay Larson, Building Official C DATE: Jan. 16, 1996 RE: Rapid Heating This mechanical contractor has been a continual problem to the Inspection Division. Main areas of complaint are; - Failure to maintain a license - Failure to obtain permits - Not submitting required test results (ORSAT) on furnaces - Failure to complete repairs when ordered Based on this record and a recent failure to comply with orders at 4406 Woodbine Lane, we requested the City Attorney to issue a formal complaint against the owner, Duane Biddle. This is more serious than a citation and requires a court appearence. We will not recommend that Rapid Heating's license be renewed after it expires in April. • MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: David Fisher, Building Inspector DATE: December 10, 1992 RE: Citation Request & License Revocation, Rapid Heating and Air Conditioning Rapid Heating has not always been diligent in obtaining permits, maintaining their license, responding to corrections in a timely manner or submitting required test data on mechanical installations. This has caused us to send more correspondence to them that than other mechanical contractors. On a previous furnace installation in November 1987 at 5535 Dupont Avenue North, a permit was obtained only after an electrical permit was issued and we called the owner. The same situation happened at 5338 Humboldt Avenue North. Their license to work in Brooklyn Center lapsed on April 30, 1988. In January of 1989 Rapid Heating and Air Conditioning's owner Duane F. Biddle was issued a citation for Installation of mechanical system without a license. On February ® r ary 6, 1990 Rapid Heating and Air Conditioning was sent a letter regarding outstanding orsat tests for the following addresses: 1612 71st Avenue North, 4013 61st Avenue North, 5500 France Avenue North and 5338 Humboldt Avenue North with no response. On November 8, 1990 Rapid Heating and Air Conditioning installed a furnace without a permit. Permit was denied for not providing g orsat test from previous installations. On November 23, 1992 an electrical permit to wire a furnace at 6019 York Avenue North was issued to Harrison Electric. No mechanical permit has been issued for this work. Inquiry to the owner revealed that the installation was done by Rapid Heating and Air Conditioning on or about October 26, 1992. Mr. Biddle, based on past experience, is aware of the required permits prior to P P , q P P commencing work. I, therefor request that a citation be issued to Duane F. Biddle, owner of Rapid Heating and Air Conditioning, at 5514 34th Avenue North, Crystal, MN 55422 for: Violation of City Ordinance 3 -103 - Installation or alteration of a mechanical system without a permit at 6019 York Avenue North, on or about October 26, 1992. Duane F. Biddle has been issued a citation in the past for the same violation, therefore, I am requesting that he gets the maximum penalty for this violation. PAGE #2 of 2 • RAPID HEATING AND AIR CONDITIONING DECEMBER 10, 1992 I also request due consideration be given to revoking Rapid Heating and Air Conditioning's mechanical license because of all the past problems that the city has had with this company. (Section 23 -1500 Mechanical' license) - T • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING GOALS FOR 1996 AND 1997 WHEREAS, the City Council has met in facilitated workshops to discuss goals and objectives for 1996 and 1997; and WHEREAS, the goals set forth in this resolution are the result of the discussions amongst the Council in the course of the facilitated workshops. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following goals be and hereby are adopted as the official goals of the City Council directing the leadership priorities for City government: 1. Goal 1: Complete comprehensive plan and associated zoning ordinances to support causing and controlling development. a. 1996: • Conduct public hearings • Define Council input and direction • b. 1997: • Review draft plan incorporating Council development plan 2. Goal 2: Initiate community vision and actions to attain that vision. a. 1996: • Operate a sustainable code enforcement program throughout the City. b. 1997: • Review and revive code enforcement program as necessary • Meet with neighborhoods in "targeted" areas regarding development plans • Council work sessions to be initiated on establishing community-wide vision for the future of Brooklyn Center 3. Goal 3: Make visible the positive aspects and accomplishments of Brooklyn Center as a community. a. 1996: • Keep momentum up on code enforcement and provide monthly reports to the residents b. 1997: •. Continue outreach to community organizations • RESOLUTION NO. • 4. Goal 4: Establish community -based information service and invite participation and positive action by citizens that will generate citizen support for Council and administration of the City. a. 1996: • Identify options to the City for achievement of this goal b. 1997: • Begin implementation of approved options 5. Goal 5: Remove infrastructure impediments to the redevelopment of Brookdale. a. 1996: • Research funding sources and continue discussion with Minneapolis; have staff time available for allocation to project as required b. 1997: • Continue process in 1997 if necessary, and as required 6. Goal 6: Develop a Five -Year Financial Plan for the City of Brooklyn Center. a. 1996: • Identify and inform Council and citizens on current financial status of City • Plan for 1997 b. 1997: • Complete evaluation of 1996 plan and improve and update planning process to continue as a five -year plan (the plan will be updated annually for the next five years) 7. Goal 7: Adopt a comprehensive n develo met plan for the City of Brooklyn P P P ty n Y Center which addresses, at a minimum, the following: • Housing • Riverwood • Redevelopment • 53rd • Transportation opportunities a. 1996: • Identify status of the subcategories identified in the goal and identify other areas which need to be included in the comprehensive development plan RESOLUTION NO. • Identify funding sources from the five -year financial plan • Submit proposed priorities • Complete analysis of the financial implications of each proposed item contained in the comprehensive plan • Submit proposed priorities to Council for approval b. 1997: • Implementation and extension of the comprehensive plan and planning process 8. Goal 8: Establish methods to evaluate /assess municipal operations and the benefits derived from the City's interactions with other entities and associations. a. 1996: • Identify City involvement in various agencies and activities to determine cost - benefit derived for the City • Bring forth a municipal operations evaluation/assessment procedure and schedule various City operations for ® evaluation/assessment after the procedure has been approved by the Ci ty Council b. 1997: • Continue the process for the evaluation of municipal operations and establish a process for the evaluation of the performance of boards and commissions 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.