Loading...
HomeMy WebLinkAbout1995 09-11 CCP Regular Session �4. CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 11, 1995 7 p.m. 1. Call to Order 2. Roll Call - Ct�� p E�� � k m V n CL, 3. Opening Ceremonies t � 1 J� 4. Council Report } 5. Presentation 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. Jd 604 a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from r � the vote on the minutes. 1. August 14, 1995 - Regular Session 2. August 21, 1995 - Special Work Session b. Proclamation Declaring September 17 -23, 1995 as Constitutio Week ti c. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. DST 09/11/95) Ye Resolution Amending Special Assessment Levy Roll Nos. 1 and 13373 to Provide for the Award of Assessment Stabilization Grants for the Woodbine t 7 Neighborhood Improvements e. Licenses 7. Open Forum 8. Public Hearing Regarding 1995 Proposed Special Assessments a. Public Hearing Regarding Special Assessments for Diseased Tree Removal Costs I. Resolution Certifying erti is Special Assessments for Diseased Tree Remova ' �5,1a Costs to the Hennepin County Tax Rolls CITY COUNCIL AGENDA -2- September 11, 1995 b. Public Hearing Regarding Special Assessments or Weed Removal _D � 1. Resolution Certifying Special Assessments for Weed Removal Costs to n the Hennepin County Tax Rolls C. Public Hearing Regarding Special Assessments for Delinquent Public Utility Service Accounts bt+ 1. Resolution Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls Q d. Public Hearing Regarding Special Assessments for Delinquent Public Utility �h ll Repair Accounts 1. Resolution Certifying Special Assessments for Delinquent Public Utility Repair Accounts to the Hennepin County Tax Rolls a 9. Council Consideration Items oe� a. Resolution Expressing Recognition of Matthew Anderle' Eagle Scout Project 5 -' ` at Centerbrook Golf Course y N b. Resolution Expressing Recognition of Josiah Filson's EagI Scout Project at Evergreen Park y WI . C. Resolutions Providing for the Issuance and Sale of General Obligation Bonds 1. Resolution Providin for the Issuance and Sale of $4,560,000 Taxable General Obligation Tax Increment Bonds, Series 1995A 995A ^/1 2 KC �1 Un �� ` 2. Resolution Providing fo the Issuance and Sale of $780,000 General Obligation Improvement Bonds, Series 1995B — CLW ,t d Resolution Providing for the Issuance of Housing Facilities Refunding Revenue a- Bonds to Provide Funds for a ro ect on Behal of Earle Brown Commons Q }4 imited Partnership II In Z ities Week/ arage Open House Plan or Ate 5, 995' KrYI n f. Request for Chancre in Ordinance Relating to P I - tab VIA or Appointment to Housing CSn fission /YtKE D — Lho Km incr a Contract Drove ent Fro t No. AID MERV h. Resolution Accepting g Bid and Award � p J �� 1995-11, Contract 1995 -E, CHIP Sanitary Sewer Relining 61 . t CITY COUNCIL AGENDA -3- September 11, 1995 +� Resolution Amending the 1995 General Fund Budget to Provide for 00 Emergency Repair of a Gate Valve at the Community Center Swimming Pool �M Y M a� j. Resolution Certifying Special Assessment for Sanita Sewer Hookup to the 2 Hennepin County Tax Rolls Km YZ ---� "`T" /1 �Q -The affected property owner has waived her right to a public hearing regardin g P this special assessment. k. New Hope Proposal on Ice Arena lQ c- A4 pOE +4tr' 1. Propo o kemen U � m. 1996 Prelimin ry Mat an roper ax vy Report 1. Resolution to Adopt the 1996 Preliminary �dge -- 2. Resolution to Authorize a Preliminary Tax Levy for 1996 Appropriations for the General Fund, the Street Improvement Debt Service Funds the E.D.A. Fund, and the H.R.A. Fund Budgets ;. 001 1 k6lK.nm A4tYJ ` i 3. Resolution Approving a Preliminary Tax Capacity Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Service, and q Relocation Assistance Pursuant to the Provisions of MSA 469.001 through 469.047 of the Housing and Redevelopment Authority of the City of Brooklyn Center for the Year 1996 4. Set Dates for Truth in Taxation Public Hearings n. Process to Study Organized Collection o. Resolution Re uesting Mn DOT for a `�.imited Use Permit to Allow q Construction of a Bicycle /Pedestrian Trail on lain /DOT Right of Way � 4 I<L q-5 — aO p. Items Removed from the Consent Agenda 10. Adjournment ��{ , f �(�, ->l (,tw CITY COUNCIL AGENDA -4- September 11, 1995 MONA EDA AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 11, 1995 (following adjournment of City Council meeting) 1. Call to Order 95.9pry) U . 2. Roll Call JAS �) CL' s � l Mk) (��1 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. �,rY1 � �� G a. Approval of Minutes: Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. k J m ) k .l. August 14, 1995 - Regular Session 4 , n .,�� Commission Consideration Items W�g�"A a. Resolution Approving One (1) Brooklyn Center Economic Development a Authority Deferred Loan (File No. H -135 [8061]) fCfl / kC b. Staff Report on 6637 Humboldt Avenue North 1. Resolution Approving Specifications and Authorizing Advertisement for � Bids for Structure Removal at 6637 Humboldt Avenue North kC)Xm � P&Aez C. Discussion Item: Scattered Site Housing Redevelopment Program an Sale of Lot at 6601 Bryant Avenue North 114 X 6 --:> a4hOA d. Staff Report on 6645 Bryant Avenue North -This single - family property is in foreclosure and may be available for acquisition by the EDA for single - family redevelopment. e. Resolution Approving the Preliminary Brooklyn Center Economic Development Authority Budget for the Year 1996 Pursuant to MSA Chapter 469.107, Subdivision 1 Krn / ,z)iq k - ta,� --j QpPA &LL f. Resolution Requesting the City of Brooklyn Center to Levy Taxes for the Benefit of the Brooklyn Center Economic Development Authority for the Year 1996 Kfn 5. Adjournment !C q1 rin ko. :> 0_dj�wMxd CITY COUNCIL AGENDA -5- September 11, 1995 HRA AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 11, 1995 (following adjournment of City Council meeting) 1. Call to Order Pry 1 Z. Roll Call b/f-� Mk} -Krn 'K , Cl A5 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 i Consideration Items. ZW k_M r v a. A n 995 - Special Session pp o al of Minutes: January 9, 1 p - Commissioners not present at meetings will be recorded as abstaining from l the vote on the minutes. .l. 4.. Commission Consideration Items: Amok a. Resolution Approving the Preliminary Brooklyn Center Housing and Redevelopment Authority Budget for the Year 1995 Pursuant to MSA Chapter ' 469.033, Subdivision 6 and i SA Chapt 4 9 107, Subdivision 1 �DH' b. Resolution Establishing the Preliminary Tax Levy for the Brooklyn Center Housing and Redevelopment Authority f r the Year 1996 m ! DH � k. C. Items Removed from the Consent Agenda 5. Adjournment KM K�, 7 Council Meeting Date September 11, 1995 31 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration Item Description: City Council Minutes August 14, 1995 - Regular Session August 21, 1995 - Special Work Session Department Approval: Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: • Summary Explanation: (supporting documentation attached Yes ) August 14, 1995 - Regular Session Barb Kalligher was absent from the meeting and the minutes will reflect her abstention from the vote on these minutes. August 21, 1995 - Special Work Session Barb Kalligher was absent from the meeting and the minutes will reflect her abstention from the vote on these minutes. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL ® OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL WORK SESSION JULY 31, 1995 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in special work session and was called to order by Iayor Myrna Kragness at 6 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Kristen Mann. Also present were Interim City Manager Cam Andre, Director of Public Services Diane Spector, and Council Secretaries Connie Beckman and Carla Wirth. Councilmember Barb Kalligher was absent. DISCUSSION WITH KAY MCALONEY OF LEAGUE OF MINNESOTA C ITIE S REGARDING CITY MANAGER RECRUITMENT PROCESS Recruitment process of a prospective City Manager began with discussion around the written advertisement to be submitted for publication in three resources: local newspaper, I o f Minnesota Cities Bulletin and International Cif /County Management Association (ICMA Newsletter The Interim City Manager indicated ads would cost approximately $600. Councilmember Mann questioned deadlines for submission of ads for the City Manager position. Ms. McAloney stated respective deadlines for each publication. Councilmember Hilstrom questioned what consumers utilized the ICMA publication. The Interim City Manager responded that most all city manager and public office positions are advertised in the ICMA publication. Councilmember Mann indicated a desire to include advertisement for the City Manager position in a private sector publication (Star Tribune) as well as a public sector publication. Thy Tnteri.m City Manager doubted there would be much of a response from an advertisement in the Star Tribune, except for retired military personnel. Ms. McAloney added the cost would be significant ($500). Councilmember Carmody commented she would not be in favor of hiring someone from the private sector and stated issues relating to this statement accordingly. 7/31/95 1 Councilmember Hilstrom said she would like to see the City Manager candidate have some private sector experience. The Interim City Manager suggested a phrase be included in the advertisement indicating equivalent private sector business experience be considered. Councilmembers Hilstrom and Mann identified certain descriptor phrases in the information provided to Council and highlighted them accordingly for reference by the Interim City Manager and Ms. McAloney. Councilmember Mann suggested the bottom of the compensation scale be lowered somewhat, but not so much that it would be lower than any Brooklyn Center department head. Councilmember Carmody expressed opposition to lowering the bottom of the salary range especially in a scenario where a woman might be hired for the position. Councilmember Mann stated lowering the bottom of the salary level to $67,000 would help alleviate inflation concerns and could contribute towards cost cutting measures on a government level. Mayor Kragness wondered whether a quality candidate would be attracted to the position given a lower bottom compensation scale. Councilmember Carmody stated she would prefer the bottom salary range being at $70,000 referring to the Chief of Police's salary of $66,000. Mayor Kragness suggested the ad read "up to $ DOQ" (depending on qualifications). Councilmember Hilstrom questioned additional benefits included in the salary package and their respective amounts. After further discussion it was decided the salary ranges would be $70,000-87,000 DOQ. g Councilmember Hilstrom requested confirmation regarding information being included in the advertisement with respect to a prospective candidate having some experience in the private sector as being helpful. As well, she requested confirmation of a statement in the advertisement with respect to a prospective candidate having some experience working with a proactive mayor and council. The Interim City Manager and Ms. McAloney indicated they would modify the advertisement to reflect these requests. The application deadline for the position has been scheduled for Tuesday, September 12, 1995 at 4:30 p.m. Councilmember Carmody requested an expansion of the City Manager job description to reflect redevelopment issues as they are very important to Brooklyn Center. Councilmember Mann referred to the suggested calendar for City Manager selection and informed those present that she would be out of the country October 10 -22, 1995. She stated that she very much wanted to be part of the selection process and questioned whether or not dates could be moved up. 7/31/95 2 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 14, 1995 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, and Kristen Mann. Also present were Interim City Manager Cam Andre, Director of Public Services Diane Spector, City Attorney Charlie LeFevere, Director of Community Development Brad Hoffman, City Engineer Scott Brink, Communications Coordinator Terri Swanson, and Council Secretary Connie Beckman. Councilmember Barb Kalligher was absent. OPENING CEREMONIES Dean Nyquist offered the invocation. COUNCIL REPORTS Councilmember Mann reported that the 1995 Metro Paint- A -Thon held on August 5 was great. She noted there were many participants including volunteers from the Earle Brown Neighborhood Housing Advisory Committee, Housing Commission, City Council, and employees. PRESENTATION - HENNEPIN COUNTY LIBRARY BOARD Milton Goldstein, past president of the Hennepin County Library Board, introduced Charles Brown, the new director of the Hennepin County Library system, who talked about the library system and its reputation. Mr. Brown introduced Patricia Chisenhall, principal librarian of the Brookdale Library, who distributed information to Councilmembers about library activities. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the August 14, 1995, agendas with the removal of Items 6(f), (g), and (h) from the consent agenda. The motion passed unanimously. 8/14/95 - 1 - I - APPROVAL OF MINUTES JULY 10 1995 - REGULAR SESSION A motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the minutes of the July 10, 1995, regular session as printed passed unanimously. JULY 17, 1995 - SPECIAL WORK SESSION, 612.m. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the minutes of the July 17, 1995, special work session as printed passed unanimously. JULY 17, 1995 - SPECIAL WORK SESSION, 712.m. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the minutes of the July 17, 1995, special work session as printed passed unanimously. JULY 24 1995 - REGULAR SESSION A motion by Councilmember Mann and seconded by Councilmember Hilstrom to approve the minutes of the July 24, 1995, regular session as printed passed unanimously. RESOLUTIONS RESOLUTION NO. 95 -174 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE FOR PLANNING AND INSPECTION FEES The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 95 -175 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF EARLE BROWN NEIGHBORHOOD HOUSING ADVISORY COMMITTEE MEMBERS, HOUSING COMMISSION MEMBERS, BROOKLYN CENTER CITY COUNCIL MEMBERS AND CITY OF BROOKLYN CENTER EMPLOYEES FOR THEIR WORK ON THE 1995 METRO PAINT- A -THON The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 95 -176 Member Debra Hilstrom introduced the following resolution and moved its adoption: 8/14/95 - 2 - RESOLUTION ESTABLISHING PROJECT, ACCEPTING QUOTE, AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1995 -16, CONTRACT 1995 -H, BRYANT AVENUE SANITARY SEWER EXTENSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and passed unanimously. RESOLUTION NO. 95 -177 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 95 -178 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1994 -31, PLAYGROUND EQUIPMENT REPLACEMENT AT WILLOW LANE PARK, CONTRACT 1994 -I The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. LICENSES There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve the following list of licenses: MECHANICAL SYSTEMS A -ABC Appliance and Heating 2638 Lyndale Ave S Anderson Heating and A/C 4.347 Central Ave NE Hokanson Plumbing & Heating, Inc. 9174 Isand St NE Nimis Newman Mech, Inc. 1400 E Hwy 36 Peterson Bros. Sheetmetal 4110 Central Ave NE #106 RENTAL DWELLINGS - INITIAL Sondra Jones 7236 Noble Ave N RENTAL DWELLINGS - RENEWAL Ralph C. Johnson 5444 Bryant Ave N Michael and Jane Danielson 4216 Lakebreeze Ave N Fred and Judie Swenson 5340 -44 Russell Ave N 8/14/95 - 3 - John and Marlys Pepera 6142 Scott Ave N David Wagtskjold 6845 Willow Lane The motion passed unanimously. OPEN FORUM Mayor Kragness noted the Council had received no requests to use the open forum session this evening. COUNCIL CONSIDERATION ITEMS RESOLUTION NO. 95 -179 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MYRNA KRAGNESS The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. RESOLUTION NO. 95 -180 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JACK KELLY FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. APPOINTMENT OF A COUNCILMEMBER TO SERVE ON A CUSTOMER SERVICE TRAINING SUBCOMMITTEE Councilmember Hilstrom inquired when the subcommittee would meet. The Communications Coordinator said the subcommittee would meet at a time convenient to the consensus of the subcommittee. Councilmember Carmody indicated she did not see the need for hiring a trainer but instead utilize current City employees to facilitate any needed training. She feels that forming quality circles among staff would be a good way to assess what's good and bad about service at the City and would be more cost efficient. The Communications Coordinator said that the main purpose of the subcommittee is to solicit input from council and staff regarding needs in the customer service area. The subcommittee consists of four or five staff members and a council member for the purpose of planning a customer service program for the City. Customer service training was placed in the 1995 budget 8/14/95 -4- as a result of a recommendation by the communications task force. Still in planning stages, the committee is looking at an ongoing program not a one -time shot. The subcommittee will make recommendations on customer service training and will update the council at a later date. Councilmember Hilstrom reconfirmed her desire to participate on the subcommittee, and council affirmed her desire accordingly. Mayor Kragness also indicated a desire to attend the meetings, if held in the evenings. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND The Interim City Manager indicated a staff desire to have the ordinance tabled. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. The City Attorney explained notification regarding a public hearing pertaining to the ordinance had been done and suggested Council proceed with reconsideration and conduct a hearing for the ordinance to eliminate the need for rescheduling a public hearing. Councilmembers Mann and Hilstrom withdrew their motion to table the ordinance and respective public hearing. Mayor Kragness opened the public hearing at 7:27 p.m. and inquired if there was any public input regarding the ordinance at hand. On the advice of the City Attorney, Councilmember Carmody moved and Councilmember Hilstrom seconded that the public hearing be closed. The motion passed unanimously. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land passed unanimously. IMPROVEMENT PROJECT NO. 1995 -11 Staff recommended that the bids previously submitted be rejected and the project rebid with revised specifications. Councilmember Mann asked if the new specifications will be written so only one company can bid. The City Manager stated this will absolutely not occur, and the revised specifications will change the kind of materials to be used in the project. Councilmember Hilstrom asked if Lametti and Sons, Inc. has had the opportunity to review staff's report and respond. The City Engineer indicated staff sent them a copy. 8/14/95 - 5 - Vic Lametti, representing Lametti and Sons, Inc., said he received the report this morning and has not had the opportunity to properly review and prepare a response. Councilmember Hilstrom asked if the Council will have the opportunity to review the revised plans and specifications before they are sent out. The City Engineer advised he has a set of revised specifications available for the Council's review. Councilmember Hilstrom asked if Lametti and Sons, Inc. has done work in Brooklyn Center in the past. Mr. Lametti informed this is a third generation construction company with a long history of extensive work in Brooklyn Center and Brooklyn Park. He advised his father installed this sewer line in the early 1950's. Councilmember Hilstrom questioned implications involved with rejecting the bids and ordering new plans and specifications. The City Attorney conceded that in the public arena, you can get sued for anything you do, but in this case staff became aware some of the specifications were not adequate and determined how they could be rewritten to better serve the City. The City Attorney noted the City is already involved in litigation with this project and perhaps this action will result in litigation as well, but he felt comfortable with the City's position should that happen. Councilmember Hilstrom asked if the Council will receive copies of the new plans and specifications before it goes out for new bids. The City Engineer reiterated specifications are ready and available for Council's review. RESOLUTION NO. 95 -181 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION REJECTING BIDS, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO 1995 -11, CONTRACT 1995 -E, CORRUGATED METAL PIPE SANITARY SEWER TRUNK RELINING The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. STAFF REPORT RE: PROPOSED 1996 STREET PROJECTS The Director of Public Services explained at the July 31, 1995 work session, Council reviewed proposed 1996 street and utility projects and the purpose of tonight's discussion is to establish potential 1996 projects and begin the process of preparing feasibility studies and receiving public input. Improvement Project Nos 1996 -01 02 and 03 /Orchard Lane East Area 8/14/95 6 - The Director of Public Services began her report by reviewing the boundaries and details of Project Nos. 1996 -01, 02, and 03, for street, utility and drainage improvements in the Orchard Lane east area. It is proposed to reconstruct all streets in this area. Drainage issues are very important in this area. The proposed pond at Orchard Lane Park would provide a substantial improvement in both storm water quantity and quality. Staff suggests the ball diamond be moved to the approximate location of the ice rink and the pond area be used for the skating rink in the winter. The Director of Public Services detailed the three recommendations for action should the Council desire to further consider this area for 1996. Councilmember Carmody commented on the importance of locating the bathroom facilities so they are more accessible to those using the ballfield and playground. The Director of Public Services indicated she will look at that in more detail during the feasibility study phase. Improvement Project No. 1996 -04 /James /67th Avenues Mill and Overlay The Director of Public Services next reviewed the boundaries and details of Project No. 1996 -04 for overlay of James Avenue from Freeway Boulevard to 67th and 67th from James Avenue to Shingle Creek Parkway. She advised these streets are in poor condition according to the Pavement Management Program, can no longer benefit from sealcoating and recommended they be overlaid at an estimated cost of $145,000. The cost would be assessed to abutting owners in commercial districts at 70% of the non - utility portion with the balance funded by either regular or local state aid funds. Improvement Project No. 1996 -05 /John Martin /Earle Brown Drives Mill and Overlay The Director of Public Services then reviewed the boundaries and details of Project No. 1996 -05 for the mill and overlay of John Martin Drive and Earle Brown Drive from John Martin to Summit. She advised these streets are in poor condition according to the Pavement Management Program, can no longer benefit from sealcoating and should be overlaid at an estimated cost of $160,000. According to the City's Assessment Policy, abutting property owners in commercial districts would be assessed 70% of the non - utility portion of the project cost. The balance will be funded by either regular or local state aid funds. In reviewing the MSA system, staff believes it is appropriate to undesignate 62nd Avenue as an MSA route and to instead designate Summit, John Martin and Earle Brown Drives as MSA routes. If the Council desires to further consider this area for 1996, they should adopt a resolution establishing the project and direct staff to prepare a feasibility report and direct the City Engineer to contact the Metro State Aid Engineer requesting the redesignation of MSA routes. Councilmember Hilstrom questioned how quickly the MSA redesignation can be accomplished. The Director of Public Services explained it depends on how quickly the MSA Engineer responds to the request. Councilmember Mann reviewed the Council's discussion at the last work session regarding tfv: need to avoid a crisis situation with regard to keeping streets well - maintained. The Director of Public Services agreed if the Council wants to minimize the long -term impact, a greater percentage of streets will need to be upgraded each year. The staff is trying to concentrate on 8/14/95 - 7 - areas with streets in the poorest condition and still address storm sewer needs, but the Council h re r r can accelerate the street project program. . a P J P g The Director of Public Services explained City engineering staff is able to process a limited mileage of street work. An accelerated programs would require hiring consulting firms. Councilmember Mann noted that the City has been on a 20 year program during which all of the streets would be reconstructed. However, in the beginning of the program, the City did not do enough mileage to follow that program so it will now take 30 to 35 years to complete all streets. The Director of Public Services said that by reconstructing five to six miles per year, we would be back on track for the 20 year program. It is also important to note that there is a tax levy increase associated with these projects. The more miles are done each year, the bigger the tax increase. Improvement Project No. 1996 -06 07, and 08 /57th Avenue and Logan /James /Knox The Director of Public Services reviewed Project Nos. 1996 -06, 07, and 08 for street, utility and drainage improvements to James and Knox Avenues, 55th to 57th, and Logan Avenue, 53rd to 57th Avenue which is tentatively scheduled for 1996. Because the area of Irving /Humboldt /Girard from 53rd to 57th is currently being studied as a part of the Hennepin Community Works Humboldt Parkway proposal, staff proposes no improvements on those streets for 1996. The Director of Public Services stressed the importance of improving the residential streets in the southeast area. SEH has already completed much of the storm drainage analysis for this area so it may be more cost effective to request a proposal from them to extend their contract to cover professional design services for this area as well. The estimated cost of this project is $550,000. Both 57th and Logan Avenues are State Aid routes so funding is available from regular state aid and the remainder could be financed through a combination of special assessment, public utility funds, and bond funds. She suggested a resolution expanding the 57th Avenue project and obtaining a proposal from SEH for professional services for design and construction management of area. Councilmember Hilstrom expressed concern that the 20 year program not fall further behind and inquired whether there is another project that could be constructed should it happen that this one does not proceed in 1996. The Director of Public Services advised that if 57th Avenue is tabled again, the neighborhood streets could stand alone and be constructed in 1996. Councilmember Hilstrom commented on the contention that if the City proceeds with the path a previously taken, the Maintenance Department will be spending all of their time patching streets, and asked if staff is recommending the City concentrate more on reconstruction of streets. The Director of Public Services explained would reduce maintenance requirements. The Maintenance 8/14/95 - 8 - Department can turn its attention to other types of maintenance. She explained this issue will be further evaluated and more information provided to the Council to help make that decision. Councilmember Hilstrom asked if more projects could be added. The Director of Public Services said that the City of Minneapolis has asked whether Brooklyn Center is interested in "piggy- backing" with their 1996 project in the neighborhood south of the golf course. RESOLUTION NO. 95 -182 Member Kristen Mann introduced the following resolution and moved for its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 1996 -01, 02, 03, STREET, UTILITY, AND DRAINAGE IMPROVEMENTS, ORCHARD LANE EAST AREA, ACCEPTING QUOTES FOR SEWER TELEVISING AND SOIL BORINGS, AND DIRECTING DEVELOPMENT OF A PRELIMINARY FEASIBILITY REPORT. The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. A motion by Councilmember Mann and seconded by Councilmember Carmody directing staff to specifically review the proposed changes to Orchard Lane Park with the Park and Recreation Commission and the neighborhood residents passed unanimously. RESOLUTION NO. 95 -183 Member Kristen Mann introduced the following resolution and moved for it's adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1996 -04, JAMES/67TH AVENUES MILL AND OVERLAY The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 95 -184 Member Kathleen Carmody introduced the following resolution and moved for it's adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1996 -05, JOHN MARTIN /EARLE BROWN DRIVES MILL AND OVERLAY The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom direct' City Engineer to contact the Metro State Aid Engineer and request undesignating 62nd Avenue as an MSA route, and designating Summit, John Martin, and Earle Brown Drives as MSA routes passed unanimously. 8/14/95 - 9 - RESOLUTION - NO. 95 185 Member Debra Hilstrom introduced the following resolution and moved for it's adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 1996 -06, 07, AND 08, STREET, UTILITY, AND DRAINAGE IMPROVEMENTS, JAMES AND KNOX AVENUES, 55TH TO 57TH, AND LOGAN AVENUE, 53RD TO 57TH, ACCEPTING QUOTES FOR SEWER TELEVISING AND SOIL BORINGS, AND DIRECTING DEVELOPMENT OF A PRELIMINARY FEASIBILITY REPORT The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody nd passed unanimously. . P Y A motion by Councilmember Carmody and seconded by Councilmember Hilstrom directing staff to obtain a proposal from SEH for professional services for design and construction management of the additional residential area, and to hold informational meetings with the neighborhood passed unanimously. A motion by Councilmember Mann and seconded by Councilmember Carmody directing staff to review options with the City of Minneapolis and bring those options and a recommendation to the Council for its consideration passed unanimously. RESOLUTION COMMENDING THE WINNERS OF THE 1995 CITYWIDE LANDSCAPING CONTEST mini Councilmember Carmody extended her appreciation to Administrative Aide Joyce Gulse th who came up with the idea of a landscape contest and coordinated it. The Director of Public Services provided a brief slide show and details of each property winning the 1995 Citywide Landscaping Contest. RESOLUTION NO. 95 -186 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION COMMENDING THE WINNERS OF THE 1995 CITYWIDE LANDSCAPING CONTEST The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. DISCUSSION OF STAFF REPORTS AND POLICY (REQUESTED BY COUNCILMEMBER MANN ) (Verbatim transcript begins.) Councilmember Mann - Yes, Your Honor, the reason I had placed this on the agenda tonight was I'm concerned a number of incidences have been happening and I guess the bottom line is I truly believe it gets 8/14/95 - 10- down to communication. Just as the Council is accountable to the tax payers, we also rely very heavily on our staff and the information that they provide to us when we set policy and direction. And this isn't the time or the place to be placing the blame; that is not my intent tonight. What I am concerned about though is that there's been a pattern. Decisions have been made based on information provided to the Council and then the information provided to us changes. I can't believe I'm the only one concerned about this. Um, a most recent incident would involve the ah new management union and negotiation representation from the Council. Ah, it illustrates the importance of communication and where we're going with this. On June 12th, we had an initial discussion at the Council table regarding labor representative firms to address our new bargain unit. Unanimous vote said to go out for an RFP and five firms were listed. On July 24th, an update on the labor negotiations and the new management union, the Council was informed that, for no additional cost, the firm that is currently doing our labor relations would also represent the new unit. Ah, consensus of the Council at the July 24th meeting was, yeah let's look into this a little further, at least that's the way I understood it to be from the Council members that since there was not going to be an additional charge to have this group represent us, let's - -at the very least - -meet this individual and see how they would represent us with this new unit. Well, then on July 31st, the representative from Labor Relations, Karen Olson, came out, gave us a nice presentation and where she saw the City going, how she would handle this, but it was going to cost an additional seventy, approximately seventy dollars an hour in addition to what we are already paying them to do our current labor relations negotiations. And I just, I question where is this RFP at this point? Is this gonna move forward? What's happened to it? Cam? Interim City Manager Cam Andre - The idea behind that was to attempt to save the City money and not spend as much on hiring an outside negotiator. However, whatever the preference of the Council is, we will proceed on that basis. I wasn't trying to pre -empt the Council in that respect. I just brought to your attention the possibility of using Labor Relations at a lesser cost or no cost. And if you want to go ahead with an RFP for attorneys I think you ought to and I'm sorry I gave you the wrong impression. Councilmember Mann - Well, I'm not here to point the blame, Cam, and I understand we all want to save money where we possibly can, but this is a new contract. My understanding is everything is open: salary, uh benefits, everything. And I think an RFP doesn't cost anything. We already voted on it. I would like to see it move forward. Councilmember Hilstrom - Madam Mayor? Mayor Kragness - Yes Debra? Councilmember Hilstrom - 8/14/95 - 11 - Well I have a concern I would like to bring up that is off the topic of labor negotiations, but it does also deal with communication. After I saw it on the agenda, I thought this was the perfect time to discuss (interrupted by Mayor Kragness) Mayor Kragness - Maybe we could finish with the one item first before we go onto the second one? Uh Cam, at this point then would you follow through on that RFP and we'll get more quotes. My understanding is that we are looking at a minimum of 120 dollars an hour if we go with a legal firm. Interim City Manager Cam Andre - Well, I'm not sure about that, but it'll probably vary according to the firm. Mayor Kragness - Yeah, I'm sure and also the amount of time involved, but as Kristen said, it isn't going to cost us anything to go for the RFP. So we will do that and we'll have something to compare. Thank you. Debra. Councilmember Hilstrom - Okay, um, there are three areas that, that I briefly have some concerns about. One was on April 10th, the Interim City Modeling, Interim City Hall Remodeling. I felt there was some information presented and if you want me to be specific I will, otherwise I'll just briefly state the three items, kinda make a brief summary and then we can talk at a work session, (interrupted by Councilmember Carmody) Councilmember Carmody - Can I ask why none of this was included in our packet? I mean when I have brought stuff forward usually put in the packet. Councilmember Hilstrom - Well, I did this in response to the item on the agenda. Councilmember Carmody - Well, maybe you would like to get your stuff together so that I can read it first? I don't really like - Mayor Kragness - I think maybe if she could bring the idea forward, we could ask for this to be tabled then until a further time with some backup information. Would that be (interrupted by Councilmember Carmody) Councilmember Carmody - 8/14/95 - L - Well, I mean you know this was brought up under the guise of communication. Communication means both ways and it doesn't sound like we are communicating with each other, if we're trying to just bring it up here at Council without any preparation. Councilmember Hilstrom - Well ultimately, I'm willing to bring it up anywhere, I just believe that I have some concerns about communication and information where we've been told one thing. And then ultimately we take a vote and then things unravel two weeks later where you receive other information and then ultimately you have to turn around and look at the vote that you made and whether or not that was the correct vote to make given the new information. I have three incidences that I am more than willing to state, with Cam, with the Council, whatever, but I really believe that this issue needs to be addressed. Councilmember Mann - Point of order Your Honor, Kathleen, I requested this put on the agenda this evening stating discussion of staff reports and policy. After mulling it over and giving deep consideration to this, I am not here tonight to point fingers. I am trying to tie this back to that there is a communication problem and I called you this afternoon to let you know that's where I see the problems in communications, and you didn't return my call. Councilmember Carmody - You know I hate to tell you, my life does not revolve around your schedule Kristen and I was busy from that time. I didn't get the message until 4:30. Councilmember Mann - But to say that you were not given a clue is inaccurate Councilmember Carmody. Councilmember Carmody - I think there's no problem with putting a memorandum in the agenda packet that explains it. Mayor Kragness - I think at this time I'd like to see this tabled. This is not the place for this kind of discussion. And if we could table this until the next work session. And Debra if you would get the information that you have and let us tackle it at that time, and we'll be glad to get whatever answers that we can from staff and I'm sure Cam or whoever would be happy to do that. Are there any other questions that you want to bring forward? Let's do that and we'll fit this into our next work session where we can discuss it. Any other comments at this time on this one? (Verbatim transcript ends.) SPECIAL REQUEST FROM GREG LUTGEN TO APPROACH COUNCIL REGARDING HIS RESIDENCE AT 7216 BROOKLYN BOULEVARD 8/14/95 - 13 - Mayor Kragness indicated what Mr. Lutgen would present should have been done during the Council's designated open forum. However, she would make an exception since the item had been brought before Council previously for consideration. Mr. Lutgen referred to a street change proposal submitted to the City after June 26, 1995, and response received accordingly from the Director of Public Services. He commented the respective response was very professional, however, he stated he saw something that just did not add up, and felt compelled to share his views with Council. He stated the proposal he had submitted was similar to a half- bubble cul -de -sac located on June and 69th. Councilmember Carmody clarified Council's decision to not approve Mr. Lutgen's street change proposal was strictly cost related and not based on numbers of residences which would be affected by approval of his proposed change. She inquired whether Mr. Lutgen would present cost related information to Council in such a manner that it would incline Council to reconsider its decision. Mr. Lutgen stated he was prepared to present information to Council that was related to cost factors and very much his concern. Mr. Lutgen submitted a newspaper article from the Post which contained information pertaining to current traffic flows (47,000 cars per day) and projected traffic flow increases (54,000 cars per day) contingent upon completion of a current road project located by his property. Given projected traffic flow increases, Mr. Lutgen indicated this would surely affect the traffic flow on his street as well. Mr. Lutgen stated his four boys are suffering from lung problems (chronic wheezing and coughing) and provided a letter of confirmation from the boys' physician. Mr. Lutgen offered the location of his house is a unique situation in that after full completion of the 96 -97 development, his house would be the only one on Brooklyn Boulevard that is north of 694 and on the downward side where the wind would primarily blow. He acknowledged understanding Council's decision as being cost related, however, his situation was one that required a solution as well. Mr. Lutgen requested Council study the effects of turning his residence area into a commercial zone. He also sighted the potential increase in tax dollar revenue associated with commercial property versus residential property. Mayor Kragness stated the Director of Community Development had talked with Mr. Lutgen. She explained future plans appeared to include the area Mr. Lutgen was speaking on, but Council had to work within financial constraints as well as this type of project being ongoing and Council could offer no time line guarantees. Mr. Lutgen stressed he was unable to sell his home for residential value as it has decreased and the busier the road gets, the more commercial development, the less and less chances he has of selling his home. He added that given publishing of traffic flow numbers in the Post article, the chances of selling his property have been greatly hindered. Again, he stated health concerns relating to his family and requested a study be done of the area to better project future zoning of his property. Mayor Kragness referred him to lair. Hoffman. 8/14/95 - 14- Councilmember Hilstrom added Mr. Lutgen might confer with City staff to assess his place on b Y a riorit list to hopefully provide him with time lines or future plans. P Y P YP P Mr. Lutgen introduced Jeff Lipma, a neighbor residing at 4727 Wingard Lane. Mr. Lipma offered verbal support on behalf of Mr. Lutgen's proposal and indicated some same concerns for his family too. Mayor Kragness thanked both residents for their input. ITEMS REMOVED FROM THE CONSENT AGENDA RESOLUTION ACCEPTING PROPOSAL AND AUTHORIZING A CONTRACT FOR PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NO. 1995 -04 REPLACEMENT OF LIFT STATION NO. 1 AND ASSOCIATED FORCE MAIN Councilmember Hilstrom requested removal of the resolution because inadequate information was provided on the bids and the selection process. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to table the resolution contingent upon more information being provided to Council passed unanimously. IMPROVEMENT PROJECT NOS. 1995 -06 1995 -15 1994 -23 AND 1994 -M Councilmember Hilstrom inquired about procedure if the cost of work performed is higher than the ori contract. The Director of Public Services explained in this case, the number of quantities was established by staff and if an overage occurs, it is usually because the contractor encounters unanticipated conditions in the field that requires a change in plans and specifications. Councilmember Hilstrom questioned the threshold before Council approval is required. The Director of Public Services advised the threshold is if the overage is in excess of 5 % of the contract cost. RESOLUTION NO. 95 -187 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, 1995 SEALCOAT PROGRAM, IMPROVEMENT PROJECT NO. 1995 -06, CONTRACT 1995 -A The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 95 -188 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1994 -15, ADA TRAILS, CURB CUTS, AND 8114195 - 15 - PEDESTRIAN RAMPS AND 1994 -23, MISCELLANEOUS SIDEWALK REPAIRS, CONTRACT 1994 -M The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. ADJOURNMENT Mayor Kragness declared the meeting adjourned at 8:57 p.m. stating the Brooklyn Center City Council would reconvene in Executive Session following the EDA meeting to address litigation issues. Deputy City Clerk Mayor Recorded and transcribed by: Connie Beckman TimeSaver Off Site Secretarial 8/14/ - 16- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL WORK SESSION AUGUST 21, 1995 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in special work session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Kristen Mann. Also present were Interim City Manager Cam Andre, Director of Finance Charlie Hansen, Financial Commission members Donn Escher, Ron Christensen, Ned Storla, and Jay Hruska. Also present was Council Secretary Connie Beckman. Councilmember Barb Kalligher was absent. JOINT DISCUSSION WITH FINANCIAL COMMISSION 1996 PRELIMINARY BUDGET The Interim City Manager in presenting the preliminary budget noted no major changes were being proposed in program areas and anticipated only moderate increases in revenues. no increased revenues. There is still uncertainty with regard to federal subsidies. The Director of Finance presented the proposed City 1996 Budget Calendar. Information received from the state indicates the City's share of HACA, higher than estimated in the budget. The Director of Finance suggested September 6, 1995, for additional consideration of the proposed budget. The deadline for certification of a chosen property tax levy amount is September 15, 1995. Additional work sessions in November may be necessary to further discuss the budget and allow for public hearings. A final budget could not be adopted until public hearings are conducted. The Director of Finance discussed the five funds with property tax levies. General Fund, E.D.A., H.R.A., Special Assessment Bonds of the previous year, and Special Assessment Bonds of the current year. A figure of three percent is used to estimate taxes. The levy will be going up about 3.8 percent, State Local Government Aid going up about 3.7 percent. Tax based revenues are estimated at an increase of 2.61 percent. A typical rule -of -thumb in determining an actual dollar amount increase to residents would be $4 for every $100,000 levied. Councilmember Hilstrom questioned the organizational structure chart on page five of the proposed budget as compared to the organizational structure chart on the 1995 budget. The Director of Finance answered there are no changes. 8/21195 - 1 - The Director of Finance explained the equipment revolving fund in the Central Garage amortizes equipment of all departments. Increased proposed expenditures are necessary because of (1) new additional equipment and (2) increased costs of replaced equipment because of inflated costs. The Interim City Manager said the Council should have a report on the subject of liquor store operation and prospects in six to seven weeks. The memo indicating the City Manager department budget requests was distributed. Councilmember Hilstrom requested a report on the use of staff vehicles. Councilmember Mann left the meeting at 8:14 p.m. Councilmember Hilstrom requested information on comparisons about legal fees other governments /communities are paying for services similar to the City. The Interim City Manager indicated the City was slightly lower because most attorneys require a retainer and hourly rate; the City's hourly rate is lower. Councilmember Mann returned to the meeting at 8:25 p.m. In response to Councilmember Carmody, the Director of Finance indicated that the cost of improving the existing council sound system and acoustics would be approximately $200,000, and noted previous Councils did not express interest in this project. In response to a question by Council Hilstrom, the Director of Finance assured that all costs were included in the liquor store fiend. Ned Storla added he suspected the new accounting approach would provide better detail. Councilmember Carmody inquired about the allocation of Data Processing Costs. The Director of Finance clarified ordinary costs are charged to the activity but a larger cost (i.e. mobile police units) is charged to the using department in the budget. In response to an inquiry from Councilmember Carmody, the Director of Finance said the school which utilizes the School Liaison Officer reimburses the City about seventy -five percent. Councilmembers Hilstrom and Carmody requested more information on the Code Enforcement Officer job description and activities. Councilmember Carmody asked for more information regarding the animal control program. The Interim City anager promised to report on this Y program. � P P P The Council asked for more information on Capital Outlay. 8/2 - ? - It was decided the next Budget Work Session was scheduled for Wednesday, September 6, 1995. OTHER BUSINESS EARLE BROWN HERITAGE CENTER Councilmember Hilstrom expressed concern regarding financial status of the Center. Mayor Kragness indicated she had talked with Judith Bergeland and the Director of Community Development. Both people suggested the Council hold a work session at the Center which would provide Council with an opportunity to view the Center. Councilmember Hilstrom stated Council needs to have proper information and /or futures planning in hand to make an informed vote regarding budget items for the Center. She added refusal to approve any budget until concrete ideas are provided about the Center's financial stability. ADJOURNMENT A motion by Councilmember Mann and seconded by Councilmember Hilstrom to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:44 p.m. Deputy City Clerk Mayor Recorded and transcribed by: Connie Beckman TimeSaver Off Site Secretarial 8/21/95 - 3 - Council Meeting Due 9/11195 City of Brooklyn Center Agenda Aem Numb« 6 6 Item Description: Request For Council Consideration • PROCLAMATION DECLARING SEPTEMBER 17 - 23, 1995, AS CONSTITUTION WEEK Department Approval: P od L' pa- , rl Patti Page, Interim dministrative Assistan 1 Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Pass attached proclamation. • Summary Explanation: (supporting documentation attached Yes ) • PROCLAMATION DECLARING SEPTEMBER 17 - 23. 1995, AS CONSTITUTION WEEK WHEREAS, We the People did ordain and establish a Constitution for the United States of America to secure the blessings of liberty for ourselves and our posterity; and WHEREAS, it is important that all citizens fully understand the provisions, principles and meaning of the Constitution so they can support, preserve and defend it against encroachment; and WHEREAS, the Bicentennial of the Constitution provides an historic opportunity for all Americans to learn about and to reflect upon the rights and privileges of citizenship and its responsibilities; and WHEREAS, the President and the Congress of the United States have designated September 17, 1995, as Citizenship Day and the week of September 17 - 23, 1995, as Constitution Week; and WHEREAS, the people of the City of Brooklyn Center do enjoy the blessings of liberty, the guarantees of the Bill of Rights, equal protection of the law under the Constitution, and the freedoms derived from it. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER State of Minnesota, do hereby proclaim September 17, 1995, as Citizenship Day and the week of September 17 - 23, 1995, as Constitution Weed and invite every citizen and institution to join in the nation commemoration. Date Mayor Attest: Deputy Clerk Council Meeting Date 09 /11/95 City of f Broo Center Agenda item Number Description: Item Descri P Request For Council Consideration • RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Department Approval: biaife' Spector, Director Public Services �� 1 �) / x Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: It is recommended the Council adopt the attached resolution. summary Explanation: (supporting documentation attached ) 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 09/11/95 ) 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: I. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER ---------------------- - - - - -- ----------------------- - - - - -- -- - - - - -- STEVE LINDMAN 5419 MORGAN AVE'N 114 JOANNE LENZEN 5436 OLIVER AVE N 115 GARY & CAROL PALMQUIST 5324 NORTHPORT DR 116 C. JOHNSON AND A. MACK 6837 SCOTT AVE N 117 BRUCE & CHRISTINE ARNESON 5308 HUMBOLDT AVE N 118 WM. & PATRICIA TALMADGE 5406 LOGAN AVE N 119 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. RESOLUTION NO. Date Mayor ATTEST: Deputy 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 oted against g the same: 9 whereupon said resolution was declared duly passed and adopted. Council Mewing Date 09 /11/95 3 City of Brooklyn Center Agenda Item Number Request For Council Consideration Item Description: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 13372 AND 13373 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS FOR THE WOODBINE NEIGHBORHOOD IMPROVEMENTS Department Approval: Diane Spector, Direc�4 of Public Services '0 - 1 �) / z Manager's Review /Recommendation: - No comments to supplement this report Comments below /attached Recommended City Council Action: Approve the resolution awarding assessment stabilization grants. Summary Explanation: (supporting documentation attached ) The attached resolution represents an assessment stabilization grant for Levy Nos. 13372 and 13373. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 13372 AND 13373 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS FOR THE WOODBINE NEIGHBORHOOD IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 13372 and 13373 for the following improvements: WOODBINE NEIGHBORHOOD STREET IMPROVEMENT IMPROVEMENT PROJECT NO. 1995 -07 WOODBINE NEIGHBORHOOD STORM DRAINAGE IMPROVEMENT IMPROVEMENT PROJECT NO. 1995 -08 WHEREAS Special Assessment Lev Nos. 13372 and 1337 were p y 3 approved by the City Council on March 27, 1995; and WHEREAS, the City Council has adopted an Assessment Stabilization Program to provide economic assistance to low income property owners in the form of grants to reduce or pay in full their special assessments for street improvement projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Certain property owners are eligible for a grant to pay some part of their special assessment. Special Assessment Levy No. 13372 is hereby amended to reduce the following assessment as noted: PREVIOUS PID # AMOUNT REDUCED TO 27- 119 -21 -32 -0119 $1,700 $1,455.00 Special Assessment Levy No. 13373 is hereby amended to reduce the following assessment as noted: RESOLUTION NO. PREVIOUS PID # AMOUNT REDUCED TO 27- 119 -21 -32 -0119 $725.00 $624.00 2. All costs associated with these grants shall be funded from Local State Aid Account #2900. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded b P 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. Camcil Meeting Date 9111195 City of Brooklyn Center Agenda Item Number 1 O 6 Request For Council Consideration • Item Description: Licenses Department Approval: pxzj Patti Page, Interim A ministrative Assistan Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve attached list of licenses. • Summary Explanation: (supporting documentation attached NQ -- ) MECHANICAL SYSTEMS Triple D Heating & A/C, Co Inc. P.O. Box 113 Building Official RENTAL DWELLINGS Renewal: Norton Rockler 1329 63rd Lane N. Dale Wegner 5935 Dupont Ave. N. J. G. Strand 5329 Penn Ave. N. Carin L. Rudolph 5318 Queen Ave. N. Mike Hasse 5337 -39 Queen Ave. N. . Director of Co munity Development SIGN HANGERS Topline Advertising 1471 92nd Lane NE C CU . Building Official • Council Meeting Daze 09/11/95 (� 3 City of Brooklyn Center Agenda Item Number O Description: Item Descri P Request For Council Consideration • PUBLIC HEARING REGARDING 1995 PROPOSED SPECIAL ASSESSMENTS Department Approval: G Diane Spector, Director blic Se 70 Manager's Review /Recommendation: ` No comments to supplement this report Comments below /attached Recommended City Council Action: Conduct each of the following hearings according to the process detailed in the recommended procedure below. • summary Explanation: (supporting documentation attached Yes ) The series of public hearings scheduled tonight are the annual hearings to consider certification of proposed special assessments. The Council called for these public hearings at its July 24, 1995 regular Council meeting. All potentially affected property owners have been notified by certified mail of the date of the public hearing and the amount of the proposed assessment. Recommended Procedure Hold each hearing one at a tune. 1) Request staff report 2) Council discussion 3) Open public hearing 4) Close public hearing 5) Council consideration of certification by resolution of levy roll As of September 7, no written objections to any proposed special assessments have been received. Should an objection be filed with the Clerk prior to the public hearing, or should any person appear at the hearing and object to the assessment, it is recommended that the Council: refer any objections to staff for a report back to the Council at a continued hearing. The objector would be notified in advance of the date of that continued hearing, and • consider removing the objected -to assessment from the proposed levy roll and adopting the remaining proposed assessments. • Request For Council Consideration Page 2 The following additional information may be helpful when considering adoption of the proposed special assessments. Objections and Appeals Chapter 429 of the Minnesota Statutes sets forth special assessment procedures and regulations. Statutes require a hearing at which time property owners may object to or contest their own assessment. The Council must consider both written or verbal objections at the hearing. If a property owner wishes to appeal the levy of a special assessment to district court, he or she must file a signed, written objection to the assessment either before or at the hearing. Objections The Council may wish to consider some objections at the hearing. However, in some cases the Council may wish to defer consideration of any substantive objections until a future meeting by continuing the public hearing as to that assessment. Substantive objections include those which would require further information and investigation, and any contested assessments. Appeals An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the mayor or the clerk of the city within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. Deferral for Senior Citizens and Disabled Persons Minnesota Statutes Sections 435.193 through 435.195 authorize municipalities to offer deferrals of special assessments certified to properties owned by qualifying senior citizens and persons retired due to total and permanent disability. City policy allows qualified senior citizens and disabled persons to defer some or all of a special assessment. As amended in 1990, the following requirements apply: 1. The property must be homesteaded. 2. The property owner or spouse must be of at least 65 years of age or retired due to permanent and total disability. 3. Household income may not exceed $21,650. • Request For Council Consideration Page 3 The policy states that the maximum annual payment that qualifying property owners would be required to make would be 1.5 percent of household income. In other words, if the household income was $10,000, the maximum annual payment on all special assessments would be $150. Special assessments levied for failure to pay, such as for delinquent public utility charges, or for non - compliance with City ordinances, such as for weed destruction, may not be considered for deferment. The deferred portion of the assessment is certified to the county as a separate levy. Interest accrues until the deferred levy is paid, usually as a result of sale of the property. Payment Options Available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following payment options: 1. Pay the entire amount of the special assessment, without interest, if payment is made within 30 days of the date of adoption by the Council (any time between September 12 and October 11, 1995). • 2. On or after October 12 but before November 30, the property owner may pay the total assessment, with interest calculated from October 1, 1995 to the date of payment. 3. Installment payments made be made with property taxes. The first payment will be due with taxes in 1996. The total principle will be payable in equal annual installments for the period stated on the levy roll. Interest is paid on the unpaid balance. 4. If after making some installment payments the property owner wishes to pay off the balance of the special assessment, they may do so prior to November 15 of any year. • Council Meeting Date 9/11/95 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration Item Description: PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS Department Approval: r �LQLU_c a Diane Spector, Director o blic Serv' s Manager's Review /Recommendation: ` No comments to supplement this report Comments below /attached Recommended City Council Action: Following the public hearing, the City Council should consider adoption of the attached resolution, which would certify the proposed special assessments for collection on the Hennepin County tax rolls. Summary Explanation: (supporting documentation attached Yes ) On July 24, 1995 the City Council adopted Resolution 95 -163 providing for a public hearing regarding proposed assessments for tree removal costs. The purpose of this resolution is to certify these assessments to the Hennepin County tax rolls. All property owners have been duly notified by certified mail of this special assessment hearing. All special assessments are for tree removal costs of trees declared a public nuisance in past City Council resolutions; the trees have been removed by the City's tree contractor in accordance with the established policy. The special assessments recommended are to property owners who (1) have signed Tree Removal Agreements and requested that the costs be assessed to their taxes; (2) have been invoiced for but have failed to pay removal costs as agreed to in the before - mentioned agreements; or (3) have not responded to the City's order and have had trees removed in accordance with the procedure established when a property owner fails to respond to official notices (i.e., the public nuisance procedure). The amount to be assessed is computed as follows: $ Removal Cost = One -half the actual cost of removing the tree (i.e., the property owner's share of the cost charged by the City's tree contractor). If this tree is a forced removal of a private tree (i.e., the property owner did not comply with the order to remove the tree, and it was removed by our contractor), then this is the full cost of tree removal. • + $22 = One -half the administrative cost of removing the tree. +$30 = Special assessment administrative fee +$30 = Capitalized interest charge (i.e., the interest the City charges for paying the cost of tree removal as much as 1' /z years before the cost is assessed). F'z l Member introduced the following resolution and moved its adoption: RESOLUTION U ON NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Tree Inspector of the City of Brooklyn Center has caused the removal of trees on certain properties within the City during 1994 under the authority of Minnesota Statutes, Section 18.023 and by written agreement with the owners of such property; and WHEREAS, two assessment rolls, a copy of each of which are attached hereto and part hereof by reference, have been prepared by the City Clerk, one tabulating those properties where tree removal costs are less than $300 and one tabulating those properties where tree removal costs are greater than $300, together with the amounts proposed to be assessed to each property; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for tree removal costs: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment rolls of tree removal costs are hereby adopted ted and certified as the following levies: Tree Removal costs less than or equal to $300: Levy No. 13427 Tree Removal costs greater than $300 Levy No. 13428 2. The assessments as adopted and confirmed shall be payable in equal annual installments with interest thereon at seven (7) percent per annum, extending over a period of years as listed below. The first of the installments shall be payable with ad valorem taxes in 1996, and shall bear interest on the entire assessment from October 1, 1995 through December 31, 1996. To each subsequent installment when due shall be added interest for one year on all unpaid installments. a. Assessments less than or equal to $300.00 are payable in three annual installments. b. Assessments greater than 5300.00 are payable in five annual installments. RESOLUTION NO. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Myrna Kragness, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTEfIPECIAL ASSESSMENT ROLL September 11, 1995 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1994 -22 Levy No.: 13427 Description: Cost of diseased tree removal to Fund /Code No.: 9017 -1370 those tracts or parcels where trees were removed in 1994, by written Levy Description: TREE REMOVAL 95 -3 agreement with the property owner or by order of the City Tree Inspector, at a total cost of less than $300 Levy runs three (3) years at an interest rate of Location: Various City Locations (7) percent First payment, with property taxes payable in 1996 Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: April, 25, 1994 Date of Assessment Hearing: 09/11/1995 By Resolution No.: 94 -82 Adopted On: Assessment District: N/A By Resolution No.: Method of Apportionment: Direct cost , interest and administrative costs Corrections, Deletions, Or Deferments: Cost Summary From N/A Resolution No: TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $979.80 City Property: Other Public Property: Private Property: $979.80 CITY OF BR YN CENTER SPECIAL ASSESSME�ERTIFICATION ROLL ! TREE REMOVAL 95 -3 MUNICIPAL CODE NO. 22 Levy runs three (3) years PROPERTY ASSESSED OWNER LEVY PROPERTY ADDN. Address Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address 13427 01-118-21-33-0052 89365 $173.00 5448 Girard Avenue North S. MANNING & J. BORTH 5448 Girard Avenue North Brooklyn Center, MN 55430 13427 02- 118 -21 -23 -0012 89442 $243.00 5836 Upton Avenue North DEAN & JOANN HARRIS 5836 Upton Avenue North Brooklyn Center, MN 55430 13427 25- 119 -21 -33 -0085 89262 $127.80 1100 69th Avenue North LUTHERAN CHURCH OF THE MASTER 1200 69th Avenue North Brooklyn Center, MN 55430 13427 28- 119 -21 -43 -0003 89606 $210.50 6925 Regent Ave North JOHN JONES 6925 Regent Avenue North Brooklyn Center, MN 55429 13427 35- 119 -21 -33 -0015 89390 $225.50 6261 Brooklyn Drive MICHAEL SUNDSTROM 6261 Brooklyn Dr Brooklyn Center, MN 55430 $979.80 CITY OF BROOKLYN CENTER SPEW ASSESSMENT ROLL September 11, 1995 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1994 -22 Levy No.: 13428 Description: Cost of diseased tree removal to Fund /Code No.: 9017 -1370 those tracts or parcels where trees were removed in 1994, by written Levy Description: TREE REMOVAL 95 -5 agreement with the property owner or by order of the City Tree Inspector, at a total cost of greater than $300 Levy runs five (5) years at an interest rate of Location: Various City Locations (7) percent. First payment, with property taxes payable in 1996 Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: April 25, 1994 Date of Assessment Hearing: September 11, 1995 By Resolution No.: 94 -82 Adopted On: Assessment District: N/A By Resolution No.: Method of Apportionment: Direct cost , interest and administrative costs Corrections. Deletions, Or Deferments: Cost Summary From N/A Resolution No: TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $2,045.13 City Property: Other Public Property: Private Property: $2,045.13 CITY OF BROOKLYN CEN SPECIAL ASSESSMENT CERTIFICA N ROLL TREE REMOVAL 95 -5 MUNICIPAL CODE NO. 22 Levy runs five (5) years PROPERTY ASSESSED OWNER LEVY PROPERTY ADDN. Address Name NO. IDENTIFICATION N0. NO. AMOUNT Legal Description Mailing Address 13428 02- 118 -21 -42 -0018 89376 $1,115.75 5524 Morgan Avenue North WANDA WILLIAMS 5524 Morgan Ave N Brooklyn Center, MN 55430 13428 34- 119 -21 -24 -0027 89635 $929.38 4206 66th Ave N DARRIN & SARAH PALM 4206 66th Avenue North Brooklyn Center, MN 55429 $2,045.13 i Council Meeting Date 9111195 Q {� 3 City of Brooklyn Center Agenda Item Number v L Description: Item Descri p Request For Council Consideration • PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR WEED REMOVAL Department Approval: 1✓L� Iane Spector, Direc r` f Public Service Manager's Review /Recommendation: ' No comments to supplement this report Comments below /attached Recommended City Council Action: Following the public hearing, the City Council should consider adoption of the attached resolution, which would certify the proposed special assessments for collection on the Hennepin County tax rolls. • Summary Explanation: (supporting documentation attached Yes ) On July 24, 1995 the City Council adopted Resolution 95 -163 providing for a public hearing regarding proposed assessments for weed destruction accounts. The purpose of this resolution is to certify these assessments to the Hennepin County tax rolls. All property owners have been duly notified by certified mail of this special assessment hearing. The property owners whose weed destruction accounts which are being certified due to nonpayment have received notice of their delinquent account in accordance with established collection policy and have not made payment. The amount to be assessed is computed as follows: $Weed cutter charge = The actual cost of weed cutting. The rate is $40 per hour, with a one hour minimum. +$50 = Inspection fee. This fee is only charged when a property is cited a second or subsequent time. +$30 = Special assessment administrative fee. • +$10 = Capitalized interest charge (i.e., the interest the City charges for paying the cost of weed destruction as much as 1 years before the cost is assessed.) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Weed Inspector of the City of Brooklyn Center has caused noxious weeds and tall grass to be cut down on certain properties within the City under the authority of Minnesota Statutes, Section 18 -271; and WHEREAS, on August 1, 1995 there remained unpaid certain of these weed destruction accounts; and WHEREAS, assessment rolls for unpaid accounts from 1994, copies of which are attached hereto and part hereof by reference, have been prepared by the Deputy City Clerk, tabulating those properties where an unpaid weed destruction account is to be assessed with the amount to be assessed; and WHEREAS, said statute authorizes the certification of delinquent weed destruction accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for weed destruction costs: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment roll of unpaid weed destruction accounts is hereby adopted and certified as Levy No. 13429. 2. The assessment as adopted and confirmed shall be payable with ad valorem taxes in 1996, in one annual installment with interest thereon at seven (7) percent per annum, for a period of fifteen months from October 1, 1995 through December 31, 1996. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Date Myrna Kragness, Mayor ATTEST: Deputy Clerk o a The motion for the adoption of the fore 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. M Y OF BROOKLYN CENTE *ECIAL ASSESSMENT ROLL September 11, 1995 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: N/A Levy No.: 13429 Description: Weed Removal Costs Fund /Code No.: 9001 -1370 Levy Description: WEED DESTRUCTION 94 Levy runs one (1) year at an interest rate of Location: Various City Locations (7) percent. First payment, with property taxes payable in 1996 Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: N/A Date of Assessment Hearing: 09/11/1995 By Resolution No.: N/A Adopted On: Assessment District: N/A By Resolution No.: Method of Apportionment: Direct cost and administrative costs Corrections, Deletions, Or Deferments: Cost Summary From N/A Resolution No: TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $1,010.00 City Property: Other Public Property: Private Property: $1,010.00 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL WEED DESTRUCTION 94 MUNICIPAL CODE NO. 22 Levy runs one (1) year PROPERTY ASSESSED OWNER LEVY PROPERTY ADDN. Address Name NO. I DENTIFICATION NO . NO. AMOUNT Le al Description Mailin Address 13429 02- 118 -21 -21 -0017 01383 $162.50 5927 Shingle Creek Parkway BIMB, INC. 801 Nicollet Mall #1410 Minneapolis, MN 55402 13429 02- 118 -21 -44 -0037 89475 $110.00 5325 Humboldt Avenue North LINDA MITCHELL 5325 Humboldt Avenue North Brooklyn Center, MN 55430 13429 03- 118 -21 -41 -0020 00205 $75.00 5525 Xerxes Avenue North INTERSTATE FRANCHISE REALTY Box 66207 AMF O'Hare Chicago, IL 60666 13429 10- 118 -21 -24 -0020 04615 $75.00 3813 51st Avenue North DAVID & BETH SPRAGUER 3813 51st Avenue North Brooklyn Center, MN 55429 13429 28- 119 -21 -41 -0210 01534 $200.00 7223 Brooklyn Boulevard DENNIS HANSON 5222 Minnaqua Dr, Minneapolis, MN 55422 13429 34- 119 -21 -13 -0009 89100 $75.00 6520 Brooklyn Boulevard PHYLLIS OWENS 6520 Brooklyn Boulevard Brooklyn Center, MN 55429 13429 36- 119 -21 -12 -0038 89105 $92.50 West of 507 69th Avenue North DAVID EVANSON Lot 30 2208 73rd Avenue North AUDITORS SUBDIVISION NO. 310 Brooklyn Park, MN 55430 13429 36- 119 -21 -13 -0033 89720 $110.00 430 65th Avenue North MARVIN & BETTY NELSON 104 Dorado Ct. Plant City, FL 33566 13429 36- 119 -21 -13 -0110 04268 $110.00 413 66th Avenue North MILES & SHIRLEY FITERMAN 5217 Wayzata Blvd #212 St. Louis Park, MN 55416 r 7 10 7 1 omo it Council Meeting Date 9/11/95 31 City of Brooklyn Center Agenda Item Numbe 40 Request For Council Consideration Item Description: PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Department Approval: Diane Spector, Directo f Public §ervices Manager's Review /Recommendation: LL� No comments to supplement this report Comments below /attached Recommended City Council Action: Following the public hearing, the City Council should consider adoption of the attached resolution, which would certify the proposed special assessments for collection on the Hennepin County tax rolls. • Summary Explanation: (supporting documentation attached Yes ) On July 24, 1995 the City Council adopted Resolution 95 -163 providing for a public hearing regarding proposed assessments for delinquent public utility service accounts. The purpose of this resolution is to certify these assessments to the Hennepin County tax rolls. These property owners have been notified of the delinquent status of their public utility service account, in accordance with City ordinances. All property owners have been duly notified by certified mail of this special assessment hearing. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX R OLLS WHEREAS, the records of the Public Utilities Department list certain accounts delinquent as of July 1, 1995; and WHEREAS, the owners of record of the properties served by each delinquent account have been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statutes, Section 444.075 and City Ordinances, Sections 4 -105 and 16 -204 authorize certification of such delinquent accounts to the County tax rolls for collection; and WHEREAS, an assessment roll, a copy of which is attached hereto and part hereof by reference has been re ared b the i Clerk tabulating those properties wh re delinquent C t u e a P P Y Y � � public utility account is to be assessed with the amount, including interest and service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent public utility accounts: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment roll of delinquent public utility accounts is hereby adopted and certified as Levy No. 13430. 2. The assessments as adopted and confirmed shall be payable with ad valorem taxes in 1996, in one annual installment with interest thereon at seven (7) percent per annum, for a period of fifteen months from October 1, 1995 through December 31, 1996. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the RESOLUTION NO. adoption of this resolution; and he or she may, atany time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mryna Kragness, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER SPECASSESSMENT ROLL September 1 1,1995 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: N/A Levy No.: 13430 Description: Delinquent public utility service Fund /Code No.: 9056 -1370 charges Levy Description: DELINQUENT PUB UTIL 95 Levy runs one (1) year at an interest rate of Location: Various City Locations (7) percent. I First payment, with property taxes payable in 1996 Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: N/A Date of Assessment Hearing: September 11, 1995 By Resolution No.: N/A Adopted On: Assessment District: N/A By Resolution No.: Method of Apportionment: Direct cost and administrative costs Corrections. Deletions. Or Deferments: Cost Summary From N/A Resolution No: TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $2,969.50 City Property: Other Public Property: Private Property: $2,969.50 CITY OF BRYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL DELINQUENT PUBLIC UTILITIES 95 MUNICIPAL CODE NO. 22 Levy runs one (1) year OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. PROPERTY ASSESSED Name Name NO. IDENTIFICATION NO. NO. AMOUNT I Address Mailing Address Mailing Address 13430 01- 118 -21 -23 -0093 90050 $42.42 5825 Dupont Ave N Arthur & Amber Burks 5825 Dupont Ave N Brooklyn Center, MN 55430 13430 01- 118 -21 -31 -0108 90050 $162.25 5621 Camden Ave N Thomas Chapman 5621 Camden Ave N Brooklyn Center MN 55430 13430 01- 118 -21 -32 -0037 89001 $418.72 5548 Girard Ave N Barb Kalligher 5548 Girard Ave N Brooklyn Center MN 55430 13430 01- 118 -21 -33 -0146 89675 $379.21 5301 Dupont Ave N Michael Desparois 5301 Dupont Ave N Brooklyn Center MN 55430 13430 02- 118 -21 -14 -0025 02245 $146.95 5820 Logan Ave N Vicki Hennegar 5820 Logan Ave N Brooklyn Center MN 55430 13430 02- 118 -21 -44 -0133 89961 $313.24 5419 Humboldt Ave N Lawrence Mickelson 5419 Humboldt Ave N Brooklyn Center MN 55430 13430 03- 118 -21 -13 -0039 89420 $176.25 5801 Ewing Ave N Tracy Rice Tracy Rice 5801 Ewing Ave N Box 29414 Brooklyn Center MN 55429 Mpls MN 55429 13430 10- 118 -21 -13 -0028 89640 $45.08 5024 Lilac Dr N Jill lannazzo 5024 Lilac Dr N Brooklyn Center MN 55429 13430 10- 118 -21 -13 -0060 89275 $142.94 3615 50th Ave N Dan Gladu 3615 50th Ave N Brooklyn Center MN 55429 CITY OF BROWN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL DELINQUENT PUBLIC UTILITIES 95 MUNICIPAL CODE NO. 22 Levy runs one (1) year OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. PROPERTY ASSESSED Name Name NO. IDENTIFICATION NO. NO. AMOUNT Address Mailing Address Mailing Address 13430 10- 118 -21 -32 -0042 89495 $188.16 4729 Twin Lake Ave Paul Lagergren Paul Lagergren 4729 Twin Lake Ave Box 22517 Brooklyn Center MN 55429 Robbinsdale MN 55422 13430 27- 119 -21 -33 -0082 02674 $73.46 7030 Brooklyn Blvd James Whitman 7030 Brooklyn Blvd Brooklyn Center, MN 55429 13430 33- 119 -21 -12 -0039 89348 $338.26 6719 Toledo Ave. N. David A Weyrauch 6719 Toledo Ave N Brooklyn Center MN 55429 13430 33- 119 -21 -43 -0081 89563 $307.45 5401 63rd Ave N Larry Pederson Larry Pederson 5401 63rd Ave N 1335 Melrose Ave Brooklyn Center MN 55429 St. Louis Park MN 55426 13430 34- 119 -21 -24 -0027 89635 $235.11 4206 66th Ave N Darrin Palm 4206 66th Ave N Brooklyn Center MN 55429 $2,969.50 Council Meeting Date 9/11/95 3 City of Br Center Agenda Item Number �Fd Request For Council Consideration • Item Description: PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY REPAIR ACCOUNTS Department Approval: Diane Spector, Director Se rvi es 1 �) /, - z Manager's Review /Recommendation: V , Loovu No comments to supplement this report Comments below /attached Recommended ' City Council Action: Following the public hearing, the City Council should consider adoption of the attached resolution, which would certify the proposed special assessment for collection in the Hennepin County tax rolls. . ® Summary Explanation: (supporting documentation attached Yes ) On July 24, 1995, the City Council adopted Resolution 95 -163 providing for a public hearing regarding proposed assessment for a delinquent public utility repair account. The purpose of this resolution is to certify this assessment to the Hennepin County tax rolls. According to City ordinances, property owners are responsible for their water and sanitary sewer service lines. On occasion the Public Utility Supervisor notifies property owners of repair work which is needed, such as repairing a leaking service or replacing a curb stop. Public utility repair accounts are generated when the property owner elects not to have the work done, or fails to respond to the order, and the City either makes the repair or contracts with a private firm to effect the repair. The owner is then billed for the cost of this repair. The property owners have been notified of the delinquent status of their public utility repair accounts, in accordance with City ordinances. The property owners have been duly notified by certified mail of this special assessment hearing. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY REPAIR ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the records of the Finance Department list certain public utility repair accounts delinquent as of August 1, 1995; and WHEREAS, the owners of record of the properties benefitting from the utility repairs have been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statutes, Section 444.075 and City Ordinances, Section 4 -105 authorize certification of such delinquent account to the County tax rolls for collection; and WHEREAS, an assessment roll, a copy of which is attached hereto and part hereof by reference, has been prepared by the City Clerk, tabulating the properties where delinquent public utility repair accounts are to be assessed with the amount, including service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council'has met and heard and passed upon all objections to the proposed assessment for the delinquent public utility repair accounts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment roll of delinquent public utility repair accounts is hereby adopted and certified as Levy No. 13431. 2. The assessment as adopted and confirmed shall be payable with ad valorem taxes in 1996, in one annual installment with interest thereon at seven (7) percent per annum, for a period of fifteen months from October 1, 1995 through December 31, 1996. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Date Myrna Kragness, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER SPE* ASSESSMENT ROLL September 1 1,1995 PROJECT INFORMATI LEVY INFORMATION Improvement Project No.: N/A Levy No.: 13431 Description: City's cost of water service or Fund /Code No.: 9056 -1370 other utility repairs which are the property owners' responsibilty but Levy Description: UTILITY REPAIR 95 which the City performed Levy runs one (1) year at an interest rate of Location: Various City Locations (7) percent. First payment, with property taxes payable in 1996 Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: N/A Date of Assessment Hearing: 09/11/1995 By Resolution No.: N/A Adopted On: Assessment District: N/A By Resolution No.: Method of Apportionment: Direct cost and administrative costs Corrections. Deietions. Or Deferments: Cost Summary From N/A Resolution No: TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $708.83 City Property: Other Public Property: Private Property: $708.83 CITY OF BqMKLYN CENTER SPECIAL ASSESS CERTIFICATION ROLL UTILITY REPAIR 95 MUNICIPAL CODE NO. 22 Levy runs one (1) year PROPERTY ASSESSED OWNER LEVY PROPERTY ADDN. Address Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address 13431 01- 118 -21 -13 -0032 89560 $40.00 5821 Lyndale Avenue JAMES & PEGGY MULWA 5821 Lyndale Avenue North Brooklyn Center, MN 5430 13431 25- 119 -21 -31 -0011 89477 $588.83 824 Woodbine Lane DONALD HEATH 824 Woodbine Lane Brooklyn Center, MN 55430 13431 28- 119 -21 -43 -0144 00431 $40.00 7101 Unity Avenue North VETERANS AFFAIRS Bishop Henry Whipple Fed. Bldg. Fort Snelling St. Paul, MN 55111 13431 34- 119 -21 -44 -0106 89392 $40.00 3109 Lawrence Rd. BRUCE & BRENDA CARPENTER 3109 Lawrence Rd. Brooklyn Center, MN 55429 $708.83 Camcil Mccdng Date 9111/95 3 City of Brooklyn Center Agenda Item Number qal Request For Council Consi Item Description: RESOLUTION EXPRESSING RECOGNITION OF MATTHEW ANDERLE'S EAGLE SCOUT PROJECT AT CENTERBROOK GOLF COURSE Department Approval: ea� Patti Page, Interim AAninistrative Assistant r Manager's Review/Recommendation: ' ik WIF No comments to supplement this report Comments below /attached Recommended City Council Action: Pass attached resolution. Summary Explanation: (supporting documentation attached ® Matthew Anderle has recently om 1 y p eted a project for his Eagle Scout ranking in the Boy Scout organization. Matthew's project was a flower garden at Centerbrook Golf Course. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF MATTHEW ANDERLE'S EAGLE SCOUT PROJECT AT CENTERBROOK GOLF COURSE WHEREAS, Matthew Anderle is a member of Boy Scout Troop # 529; and WHEREAS, Matthew has achieved the Eagle Scout rank which is the highest rank within the Boy Scout organization; and WHEREAS, there are several requirements which must be met in order to achieve the rank of Eagle Scout and this generally takes a minimum of three years; and WHEREAS, one of the requirements of the Eagle Scout rank is to plan and complete a project which is beneficial to the school, church or community; and WHEREAS, Matthew chose to plan and plant a flower garden at the Centerbrook Golf Course as his Eagle Scout project and in doing so solicited donations of money, plants, and materials and also contacted potential volunteers; and WHEREAS Matthew's hard work and dedication to this J ro'ect which is not P only beneficial to the City as owners of Centerbrook Golf Course but also to the community as a whole, deserves the appreciation and thanks of the City Council of the City of Brooklyn Center and the citizens of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the flower garden area planned and planted by Matthew Anderle as his Eagle Scout project is greatly appreciated and the beauty it provides will be enjoyed by all who visit Centerbrook Golf Course. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the followin g g voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Due 9/11/95 3 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration Item Description: RESOLUTION EXPRESSING RECOGNITION OF JOSIAH FILSON'S EAGLE SCOUT PROJECT AT EVERGREEN PARK Department Approval: POCA� Patti Page, Interim A istrative Assistant Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Pass attached resolution. Summary Explanation: (supporting documentation attached • In May, Josiah Filson completed a project which allowed him to achieve the rank of Eagle Y> P P � g Scout in the Boy Scout organization. Josiah planned and planted a flower garden at Evergreen Park. The City Council has discussed this project at two previous meetings (May 23, 1994 and July 10, 1995) but passage of a resolution acknowledging this accomplishment has inadvertently been overlooked. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF JOSIAH FILSON'S EAGLE SCOUT PROJECT AT EVERGREEN PARK WHEREAS, Josiah Filson is a member of Boy Scout Troop #542; and WHEREAS, Josiah has achieved the Eagle Scout rank which is the highest rank within the Boy Scout organization; and WHEREAS, there are several requirements which must be met in order to achieve the rank of Eagle Scout and this generally takes a minimum of three years; and WHEREAS, one of the requirements of the Eagle Scout rank is to plan and complete a project which is beneficial to the school, church or community; and WHEREAS, Josiah chose to plan and plant a flower garden at Evergreen Park as his Eagle Scout project and in doing so organized a garage sale as a fundraiser, solicited donations of money, plants, and materials and also contacted potential volunteers; and WHEREAS, Josiah's hard work and dedication to this project, which is not only beneficial to the City as owners of Centerbrook Golf Course but also to the community as a whole, deserves the appreciation and thanks of the City Council of the City of Brooklyn Center and the citizens of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the flower garden area planned and planted by Josiah Filson as his Eagle Scout project is greatly appreciated and the beauty it provides will be enjoyed by all who visit Evergreen Park. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the followin g g voted against the same: whereupon said resolution was declared duly passers and adopted. Council Meeting Date 9111/95 City of Brooklyn Center Agenda Item Numbe is Item Description: Request For Council Consideration Resolutions Providing for the Issuance and Sale of General Obligation Bonds. Department Approval: k Charlie Hansen, Finance nlai ector Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Adoption of the two attached resolutions. Summary Explanation: (supporting documentation attached ) • The City has two projects underway which require the sale of bonds to successfully finance their completion. First is the Woodbine Area Street Improvement for which Resolution 95 -92 was passed on March 27, 1995, ordering the improvement. This project has reconstructed streets in the Woodbine area. Resolution 95 -93 certified the special assessment of benefited properties as provided by Minnesota Statutes Chapter 429. The special assessments equal 37% of the total project costs and will be collected over a 10 year period. Property taxes will be responsible for the remaining 63% of the costs. The second bond issue is the sale of tax increment bonds to be supported by the new tax increment district #3. Proceeds of this issue will be used for projects such as the purchase of the Atkins property, purchase of the Brookdale Motel, and purchase of properties required for the reconstruction of Brooklyn Boulevard. These will officially be two separate bond issues. By selling them at the same time, we can economize on the bond issuance cost. The two attached resolutions officially authorize the sale of the bonds and sets the sale date for October 10 1995 at 11:00 A.M. P Proposals will be opened at that time at the P 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 early November. is Recommendations For City of Brooklyn Center, Minnesota $4,560,000 Taxable General Obligation Tax Increment Bonds, Series 1995A $780,000 General Obligation Improvement Bonds, Series 1995B i Study No. B0201SlTl SPRINGSTED Incorporated September 6, 1995 Recommendations for City of Brooklyn Center, Minnesota $4,560,000 Taxable General Obligation Tax Increment Bonds, Series 1995A EXECUTIVE SUMMARY This summary is intended to highlight data contained in these recommendations. It is intended to be an adjunct to the recommendations and not to be used solely as the basis of determination of actions required. Your actions should be based on the information more fully set forth in the recommendations. 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the Offering. 2. Type and Purpose of Offering Proceeds of the issue will be used to finance various economic development projects • within the City. 3. Principal Amount of Offering $4,560,000 4. Repayment Term February 1, 1999 through 2011. 5. Source of Debt Service Revenues Tax increment revenues from Tax Increment Financing District Number 3. 6. Optional Redemption February 1, 2006 through 2011 maturities callable commencing February 1, 2005 at par. 7. Credit Rating Comments An application will be made to Moody's Investors Service for a rating on this issue. The City's current rating is "Al." 8. Sale Date and Time Tuesday, October 10, 1995, 11:00 A.M. 9. Award Date and Time Tuesday, October 10, 1995, 7:00 P.M. 10. Comment Since the projects financed by the bonds are to benefit private business, under federal IRS regulations, this issue cannot be tax- exempt. Recommendations for City of Brooklyn Center, Minnesota $780,000 General Obligation Improvement Bonds, Series 1995B EXECUTIVE SUMMARY This summary is intended to highlight data contained in these recommendations. It is intended to be an adjunct to the recommendations and not to be used solely as the basis of determination of actions required. Your actions should be based on the information more fully set forth in the recommendations. 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the Offering. 2. Type and Purpose of Offering Proceeds of the issue will be used to finance street construction within the City. • 3. Principal Amount of Offering $780,000 4. Repayment Term February 1, 1997 through 2006. 5. Source of Debt Service Revenues Special assessments and taxes. 6. Optional Redemption February 1, 2005 through 2006 maturities callable commencing February 1, 2004 at par. 7. Credit Rating Comments An application will be made to Moody's Investors Service for a rating on this issue. The City's current rating is "Al." 8. Sale Date and Time Tuesday, October 10, 1995, 11:00 A.M. 9. Award Date and Time Tuesday, October 10, 1995, 7:00 P.M. • 85 E. SEVENTH PLACE SUITE 100 SAINT PAUL, MN 55101 -2143 612 - 223 -3000 FAX: 612 -223 -3002 SPRINGSTED Public Finance Advisors f'Z September 6, 1995 Mayor Myrna Krangess Members, City Council Mr. Cam Andre, Acting City Manager Mr. Charlie Hansen, Finance Director Mr. Brad Hoffman Community Development Director City of Brooklyn Center 6301 Shingle Creek Parkway j Brooklyn Center, MN 55430 Re: Recommendations for the Issuance of: $4,560,000 Taxable General Obligation Tax Increment Bonds, Series 1995A $780,000 General Obligation Improvement Bonds, Series 19958 We respectfully request your consideration of our recommendations for the issuance of the above -named issues in accordance with the attached Terms of Proposals. We will discuss each issue separately, followed by a discussion of items common to both issues. $4,560,000 Taxable General Obligation Tax Increment Bonds, Series 1995A (Tax Increment Bonds) The Tax Increment Bonds are being issued pursuant to Minnesota Statutes, Chapters 469 and 475. The proceeds will be used to finance various economic development projects within the City. The composition of the Tax Increment Bond issue is as follows: Purchase of Commercial Sites (Highway 252) $ 900,000 Hotel /Restaurant Project Costs 200,000 Purchase of Commercial Sites Brookl n Boulevard) ( y 2,500,000 Administrative Expenses 400,000 Subtotal $4,000,000 Allowance for Capitalized Interest 460,000 Allowance for Discount 54,720 Allowance for Issuance Costs 45,280 • Total Tax Increment Bond Issue $4,560,000 SAINT PAUL, MN MINNEAPOLIS, MN BROOKFIELD, Wi OVERLAND PARK, KS WASHINGTON, DC IOWA CITY, IA City of Brooklyn Center, Minnesota September 6, 1995 A key element of this issue is the amount necessary for capitalized interest. These funds are • necessary to pay all of the interest due on the bonds in 1996 and 1997 as well as a portion of the interest due in 1998. The issue has been structured with the capitalized interest and with no principal payments until 1999 based upon the anticipated cash flow in Tax Increment Financing District Number 3. The estimated cash flow was determined based upon the expected growth in the market value of the district as estimated by City staff. In addition, estimates were calculated based upon the assumption that the district would remain excluded from the fiscal disparities pool. Information received from the City's tax increment consultant indicates that a full discussion concerning fiscal disparities was held with the City Council at the time of the establishment of Tax Increment Financing District Number 3 in December of 1994. Appendix I is the projection of tax increment income to be generated by Tax Increment Financing District Number 3. As you can see, this projection runs to the end of the district, which is the year 2021. Appendix II is the recommended amortization schedule for the Tax Increment Bonds. The Tax Increment Bonds will be dated November 1, 1995 and will mature each February 1, 1999 through 2011. Columns 1 through 6 show the years and amounts of principal and estimated interest due and payable on the Tax Increment Bonds. Column 7 shows the capitalized interest as it is applied against interest payable. Column 8 displays the amount of revenue necessary to make debt service payments after the use of capitalized interest. Column 9 shows the 5% overlevy requirement as set forth by State statute. Column 10 shows the estimated tax increment income from Appendix I. All years show an estimated surplus after payment of debt service and that is shown in Column 11. Throughout the life of the Tax Increment Bonds (with the exception of the need for capitalized interest), each August 1 and February 1 payment will be made from tax increment generated in • the year prior to the February payment date. Term Bonds We have made a. provision in the Terms of Proposal to permit the underwriters bidding on the Tax Increment Bonds to combine multiple maturity years into a term bond, subject to mandatory redemption on the same maturity schedule provided in the Terms of Proposal, attached to these recommendations. As an example, an underwriter could combine the bonds maturing in the years 2009, 2010 and 2011 into a single term maturity of $1,240,000 due in 2011. Those bonds would be subject to mandatory redemption on the same schedule as provided in the Terms of Proposal for all of those years. The advantage to the underwriter is that it provides a large block of bonds which is more attractive to bond funds and certain pension funds which deal with only large blocks of bonds. Since the bonds are being offered on a competitive bid basis and awarded on the lowest true interest cost, the City will award the bonds to the best bid and will not be hurt by this transaction. In fact, we have found that many underwriters prefer this method because it provides easier sale of the bonds in large blocks, reducing risk and allowing them to lower their costs and the interest coupons. $780,000 General Obligation Improvement Bonds, Series 1995B (Improvement Bonds) The Improvement Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. Proceeds will be used to finance two street improvement projects within the City. The composition of the Improvement Bonds is as follows: Page 2 City of Brooklyn Center, Minnesota September 6, 1995 Construction Costs $ 917,072' Less: Assessment Stabilization (40,127) Prepaid Assessments (119,340) Subtotal $ 757,605 Allowance for Discount 9,380 Allowance for Issuance Costs 14,700 Less: Estimated Investment Earnings (1.685 Total Improvement Bond Issue $ 780,000 Project costs include engineering and administrative costs. Appendix III is the projection of assessment income by project. Assessments, in the principal amount of $238,333, are expected to be filed on or before November 15, 1995 for first collection in 1996. The assessments will be spread over a term of ten years of equal annual payments of principal with interest charged on the unpaid balance at a rate of 7.0 %. Our estimate of assessment income does not take into consideration any prepayments, deferments or delinquencies of assessment payments. Appendix IV is the recommended debt amortization schedule and the cash flow for the Improvement Bonds. The Improvement Bonds will be dated November 1, 1995 and will mature each February 1 from 1997 through 2006. Columns 1 through 6 show the years and amounts of principal and estimated interest due and payable on the Improvement Bonds. Column 7 shows the 5% overlevy requirement as set forth by State statute. The 5% overlevy is a protection to the bondholder and to the City in the event 100% of expected special assessments and taxes are not achieved. Column 8 shows the projection of assessment income from Appendix III. Column 9 shows the net property tax levy requirements which represent the City's share of these improvement projects. Annual debt service requirements have been structured to provide approximately even annual tax levy requirements averaging $72,200. Each August 1 interest payment will be made from first -half collections of special assessments and tax collections. Each subsequent February 1 payment of principal and interest will be made from second -half collections, together with surplus first -half collections. Federal Rebate - Arbitrage The Improvement Bonds are subject to federal arbitrage regulations. Generally speaking, all arbitrage profits (the yield difference between the earnings on the investments and the yield on the obligations) must be rebated to the U.S. Treasury. There are some exemptions to this rebate requirement which include: (i) A small issuer exemption if the bonds are for governmental purposes and the issuer reasonably expects to issue not more than $5,000,000 tax - exempt obligations during the calendar year. (ii) A six -month exemption if all of the proceeds are expended within six months of bond issuance. (iii) An 18 -month expenditure test if at least 15% of proceeds are expended within six months, 60% within 12 months and 100% within 18 months. Page 3 City of Brooklyn Center, Minnesota September 6, 1995 (iv) A two -year expenditure test if at least 75% of the proceeds of the issue are used for construction and if 10% is expended within six months, 45% within 12 months, 75% within 18 months and 100% within two years. The City can exempt itself under (i) because the City reasonably expects to issue less than $5,000,000 of tax - exempt debt in 1995. Prior to the 1993 final arbitrage regulations the small issuer exemption also exempted any debt service funds from rebate requirements. The 1993 regulations changed that so only bona fide debt service funds are exempt from rebate. A bona fide debt service is defined as a fund for which there is an equal matching of revenue to debt service expense with a carry over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. If the City receives substantial prepayments of special assessments on the Improvement Bonds, those prepayments will have to be used to either call the Improvement Bonds, if possible, or invested at a yield restricted to the yield on the Improvement Bonds. Economic Life of Financed Projects The 1993 final arbitrage regulations brought all tax - exempt issues into the calculation of "economic life." Previously this requirement was only for private activity bonds. The intent of this requirement is that the Treasury does not want bonds outstanding longer than is necessary, thus creating more tax - exempt bonds in the marketplace than are needed. The general safe harbor for assuring that bonds comply with the regulations will apply if the average maturity of the bonds does not exceed 120% of the economic life of the financed projects. Since the Improvement Bonds are being issued for street improvements which, under the Treasury guidelines have an economic life of 20 years, the average maturity of Improvement Bonds of 6.01 years is in compliance with this regulation. Federal Reimbursement Regulations The Federal Treasury has enacted reimbursement regulations to regulate issuers who wish to issue tax - exempt bonds to recover costs of prior expenditures. The reimbursement regulations require that if the issuer proposes to reimburse itself for expenses paid prior to receipt of bond proceeds, the City must have made a declaration of that intent within 60 days of the actual payment of the expense. There are exemptions for architectural and engineering fees and miscellaneous start-up It is p our understanding the City has taken all appropriate actions necessary to comply with federal reimbursement regulations in regards to the Improvement Bonds. Bank - Qualification In 1986, tax provisions enacted by the Treasury reduced the ability of banks and other financial institutions to use tax - exempt interest as an offset against other interest expense. This has made tax - exempt bonds less attractive to these financial institutions since, as bond purchasers, they do not receive the full benefit of the tax exemption. Bonds which are not bank - qualified receive higher interest rates than bonds which are bank - qualified. There is an exclusion from this provision for obligations of an issuer who will not sell more than $10,000,000 of tax - exempt obligations in a calendar year. The City does not expect to issue more than $10,000,000 of tax - exempt bonds in 1995, and therefore the Improvement Bonds will be "bank qualified." Page 4 City of Brooklyn Center, Minnesota September 6, 1995 Common to Both Issues - Secondary Market Disclosure The Securities and Exchange Commission has finalized amendments to its Rule 15c2 -12 which prohibits broker - dealers from underwriting municipal securities of $1,000,000 or more unless the issuer has agreed in writing to provide annual disclosure of financial and operating information and to disclose material events when they occur. This Rule is effective for issues underwritten on and after July 3, 1995. Since these issues are to be sold after that date, the City will be required to comply in order for underwriters to bid on the bonds. The agreement with the underwriter and bondholders, or the "undertaking," as it is called in the Rule, must be incorporated in the bond resolution or a separate disclosure agreement and in P 9 the final Official Statement. The undertaking obligates issuers to prepare and file with all nationally recognized municipal securities information repositories ( "NRMSIRs ") annual updated financial and operating information and the annual audited financial statements, with certain exceptions as described below. As of now, there are five NRMSIRs. The Rule uses the information in the final Official Statement as the benchmark for data to include in the secondary market disclosure report so that information provided in the Official Statement must be revised annually. The Rule exempts the following securities from the requirements to provide annual financial information and material event notices: (i) securities with an aggregate principal amount of less than $1,000,000; and (ii) securities sold in denominations of $100,000 or more, if the securities are sold to 35 or fewer sophisticated investors, or have a maturity of nine months or less. Additionally, the following securities are exempt from the annual financial information requirement but not the material events notice requirement: (iii) securities with a stated maturity of 18 months or less; and (iv) securities for which neither the issuer nor any other party committed to support all or part of the payment of debt service, is committed to repay more than $10,000,000 of outstanding municipal securities, including the current offering. The City cannot exempt itself with any of the exemptions and therefore must obligate itself for annual disclosure. Prior to the sale date, Springsted Incorporated will be working with your bond counsel to draft an acceptable undertaking which will be adopted by the City Council in the resolution awarding the bonds and will also be published in the Official Statement. Allowance for Underwriter's Discount Included in the principal amount of both bond issues is a provision for discount bidding in an amount equal to 1.2% of the principal amount of the bonds issued. This discount provides the underwriters with all or part of their profit and /or working capital for purchasing the issue and permits the underwriters to reoffer the bonds at or close to a par reoffering scale. The discount is a successful marketing tool the City has used in past bond issues and we recommend its continued use here. 0 Page 5 City of Brooklyn Center, Minnesota September 6, 1995 Prepayment Option We recommend that Tax Increment Bonds maturing on or after February 1, 2006 be callable on February 1, 2005 and any date thereafter at a price of par and accrued interest. We also recommend that Improvement Bonds maturing on or after February 1, 2005 be callable on February 1, 2004 and any day thereafter at a price of par and accrued interest. These call features will permit prepayment of the Improvement Bonds should substantial prepayments of assessments be received and prepayment of the Tax Increment Bonds should revenues exceed projections in Tax Increment Financing District Number 3. The call features also provide the City with the flexibility to prepay either issue should future market conditions warrant a refinancing. With the inclusion of the provision for discount bidding, these call features should not impair the marketability of the bonds. Rating In order to maintain the City's current "Al" rating from Moody's Investors Service, it is necessary that an application be made to Moody's for a rating on these issues. We will provide Moody's with the necessary data upon which they will make their rating analysis and we will make the application on your behalf. The cost of the rating fee, which is expected to be approximately $7,500, has been pro -rated in the issuance costs for each individual issue. Book -Entry Only Bonds We are recommending he use of - g u book entry only bonds for these issues. Historically, the City has issued rinted registered bonds using a bond registrar. Under the book-entry m U e o i system, t p 9 9 9 rY Y , he holders of the bonds will not receive printed bonds but will have only a record from their broker /dealer stating that they are held at a depository. The use of the book -entry system eliminates all costs to the City for printing physical bonds. Although the bonds are issued in book -entry form, which also eliminates the need for a registrar, we recommend the City retain a registrar for a nominal fee to send the City reminder notices indicating the date and amount of the payments coming due and to act as a intermediary with the depository, should the need arise. Sale Process Springsted Incorporated has joined with Capital Guaranty Insurance Company, a municipal bond insurer, to offer a surety bond service to underwriters in lieu of putting up a good faith check in order to bid on the bonds. The program is called "Sure -Bid" and we have allowed for its use in the Official Terms of Offering, attached to these recommendations. We believe that the use of this bidding option will help garner more bids for the bond sale, since it has the potential to make it easier for an underwriter to bid. There is no cost to the City for this service, nor does Springsted Incorporated have a financial interest in the use of Sure -Bid. For underwriting firms which have been approved and have entered into a reimbursement agreement with Capital Guaranty and have elected to use Sure -Bid instead of physically delivering a good faith check with their bid, Capital Guaranty will put up a surety bond, guaranteeing the amount of the good faith check to the City if the purchaser does not deliver such check to Springsted by 3:30 P.M. the day after the sale. We believe that we will not have to invoke the surety bond on your behalf and will forward the good faith check from the purchaser as soon as we receive it. This is a new product in the municipal bond industry developed by Springsted and Capital Guaranty. Therefore, for your bond sale, you will most likely receive some bids which are accompanied by a good faith check and some which are covered under Sure -Bid. Springsted will be in constant touch with Capital Guaranty to monitor the underwriters which have been Page 6 City of Brooklyn Center, Minnesota September 6, 1995 admitted to this program and, if Sure -Bid is used, Springsted will follow through after the sale, to make sure you receive your good faith amount from the purchaser. We recommend these obligations be offered for sale on Tuesday, 10 1995 with 9 Y, > proposals received at the offices of Springsted Incorporated at 11:00 A.M. After proposals are received, they will be verified for accuracy, tabulated and then presented to the City Council for consideration of award at 7:00 P.M. the same evening. Respectfully submitted, �-�- U� rj SPRINGSTED Incorporated sms Page 7 Projected Tax Increment Report City of Brooklyn Center, Minnesota Tax Increment Financing District No. 3 Project Scenario A Less: Less: Retained Times: Plus: Less: Less: Annual Total Original Fiscal Captured Tax Annual Local Adm. /Pooling State Auditor Annual Period Net Tax Net Tax Disparities @ Net Tax Capacity Gross Tax Contribution Retainage Deduction Net Tax Ending Capacity Capacity 0.0000% Capacity Rate Increment 0.00% 25.00% 0.10% Increment (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 12/31/94 8,312,355 8,312,355 0 0 144.831% 0 0 0 0 0 12/31/95 8,312,355 8,312,355 0 0 144.831% 0 0 0 0 0 12/31/96 8,312,355 8,312,355 0 0 144.831% 0 0 0 0 0 12/31/97 8,547,706 8,312,355 0 235,351 144.831% 340,860 0 85,215 341 255,304 12/31/98 8,890,237 8,312,355 0 577,882 144.831% 836,950 0 209,238 837 626,875 12/31/99 9,077,288 8,312,355 0 764,933 144.831% 1,107,857 0 276,964 1,108 829,785 12/31/2000 9,264,339 8,312,355 0 951,984 144.831% 1,378,764 0 344,691 1,379 1,032,694 12/31/2001 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 12/31/2002 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 12/31/2003 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 12/31/2004 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 12/31/2005 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 12/31/2006 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 12/31/2007 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 12/31/2008 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 12/31/2009 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 12/31/2010 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 12/31/2011 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 12/31/2012 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 12/31/2013 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 12/31/2014 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 12/31/2015 9,451,390 8,312,355 0 1,139,035. 144.831% . 1,649,672 0 412,418 1,650 1,235,604 12/31/2016 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 12/31/2017 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 12/31/2018 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 12131/2019 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 D 12/31/2020 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 'U -0 12/31/2021 9,451,390 8,312,355 0 1,139,035 144.831% 1,649,672 0 412,418 1,650 1,235,604 cw 12/31/2022 9,451,390 9,451,390 0 0 144.831 % 0 0 0 0 0 Z OD $ $0 $9,576,886 $38,315 $28,692,342 X Prepared by: Springsted Incorporated ( 08/22/95) APPENDIX II City of Brooklyn Center, Minnesota Prepared September 6, 1995 $4,560,000 G.O. Taxable Tax Increment Bonds By SPRINGSTED Incorporated Series 1995A Dated: 11. 1 -1995 Mature: 2. 1 First Interest: 8- 1 -1996 Total Capital- Net Estimated Year of Year of Principal ized Levy 105% Tax Incr. Annual Levy Mat. Principal Rates Interest & Interest Interest Required of Total Income Surplus ( (2) (3) ( (5) ( ( (8) (9) (10) (11) 1995 1997 0 0.00% 390,131 390,131 390,138 0 0 0 7 1996 1998 0 0.00% 312,105 312,105 69,862 242,243 254,355 255,304 949 1997 1999 225,000 6.10`is 312,105 537,105 0 537,105 563,960 626,875 62,915 1998 2000 265,000 '6.20% 298,380 563,380 0 563,380 591,549 829,785 238,236 1999 2001 330,000 6.40 281,950 611,950 0 611,950 642,548 1,032,694 390,146 2000 2002 330,000 6.50% 260,830 590,830 0 590,830 620,372 1,235,604 615,232 2001 2003 330,000 6.60% 239,380 569,380 0 569,380 597,849 1,235,604 637,755 2002 2004 350,000 6.70 217,600 567,600 0 567,600 595,980 1,235,604 639,624 2003 2005 360,000 -6.80% 194,150 554,150 0 554,150 581,858 1,235,604 653,746 0 2004 2006 360,000 6.90% 169,670 529,670 0 529,670 556,154 1,235,604 679,450 2005 2007 385,000 7.00% 144,830 529,830 0 529,830 556,322 1,235,604 679,282 2006 2008 385,000 7.10 117,880 502,880 0 502,880 528,024 1,235,604 707,580 2007 2009 400,000 .7.20% 90,545 490,545 0 490,545 515,072 1,235,604 720,532 2008 2010 415,000 - 7.30% 61,745 476,745 0 476,745 500,582 1,235,604 735,022 2009 2011 425,000 7.40% 31,450 456,450 0 456,450 479,273 1,235,604 756,331 TOTALS: 4,560,000 3,122,751 7,682,751 460,000 7,222,758 7,583,898 15,100,698 Bond Years: 44,695.00 Annual Interest: 3,122,751 Avg. Maturity: 9.80 Plus Discount: 54,720 Avg. Annual Rate: 6.987 Net Interest: 3,177,471 T.I.C. Rate: 7.123% N.I.C. Rate: 7.109% Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. Page 9 APPENDIX III City of Brooklyn Center, Minnesota Prepared August 21, 1995 $780,000 G.O. Improvement Bonds, Series 19958 By SPRINGSTED Incorporated Assessment Income PROJECTED ASSESSMENT INCOME Street Construction Project Filing Date: 10/15/1995 Filing Collect Interest Year Year Principal @ 7.000% Total - - - -- - - - - - -- --- - - - - -- -- - - - - -- - - - -- 1995 1996 23,833 20,249a 44,082 1996 1997 23,833 15,015 38,848 1997 1998 23,833 13 37,180 1998 1999 23,833 11,678 35 1999 2000 23,833 10,010 33,843 2000 2001 23,833 8,342 32,175 2001 2002 23,833 6,673 30,506 2002 2003 23,833 5,005 28,838 2003 2004 23,833 3,337 27 2004 2005 23,836 1,669 25,505 0 TOTALS 238,333 95,325 333,658 a) Includes interest from filing date to 12/31/1996. Page 10 City of Br�lclyn Center, Minnesota Prepared August 30 1995 P 9 , $780,000 G.O. Improvement Bonds, Series 1995B By SPRINGSTED Incorporated Dated: 11- 1 -1995 Mature: 2- 1 First Interest: 8- 1 -1996 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) 1995 1997 65,000 4.00% 45,348 110,348 115,865 44,082 71,783 1996 1998 70,000 4.20% 33,678 103,678 108,862 38,848 70,014 1997 1999 75,000 4.35% 30,738 105,738 111,025 37,180 73,845 1998 2000 75,000 4.50% 27,475 102,475 107,599 35,511 72,088 1999 2001 75,000 4.60% 24,100 99,100 104,055 33,843 70,212 2000 2002 80,000 4.70% 20,650 100,650 105,683 32,175 73,508 2001 2003 80,000 4.800 16,890 96,890 101,735 30,506 71,229 2002 2004 85,000 4.90% 13,050 98,050 102,953 28,838 74,115 2003 2005 85,000 5.00% 8,885 93,885 98,579 27,170 71,409 2004 2006 90,000 5.150 4,635 94,635 99,367 25,505 73,862 TOTALS: 780,000 225,449 1,005,449 1,055,723 333,658 722,065 Bond Years: 4,685.00 Annual Interest: 225,449 Avg. Maturity: 6.01 Plus Discount: 9,360 Avg. Annual Rate: 4.812% Net Interest: 234,809 T.I.C. Rate: 5.033% N.I.C. Rate: 5.012% Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. a - o m z c v_ rn X Extract of Minutes of Meeting of the City Council of the City of Brooklyn Center, Hennepin County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Brooklyn Center, Hennepin County, Minnesota, was held at the City Hall in the City on Monday, September 11, 1995, commencing at 7:00 o'clock P.M. The following members of the Council were present: and the following were absent: The following written resolution was presented by Member who moved its adoption the reading of which had been dispensed with by unanimous consent: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,560,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1995A 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 City has duly established a Tax Increment District (District) pursuant to Minnesota Statutes, Sections 469.124 through 469.134 (Act); (b) the City has duly established tax increment financing district no 3 (TIF District) within the District pursuant to Minnesota Statutes, Sections 469.174 to 469.179 (TIF Act) ; DJK93848 BR291 -151 (c) the City is authorized by section 469.178 of the TIF Act to issue and sell its general obligations to pay all or a portion of the public development costs ( Costs) related to the District as identified in the development plan (Plan) for the TIF District. (d) the Plan lists the following Costs to be financed by the general obligations: Public Improvements Development Costs Purchase of Commercial Sites (Highway 252) $ 900,000 Hotel/ Restaurant Project Costs 200,000 Purchase of Commercial Sites (Brooklyn Boulevard) 2,500,000 Administrative Expenses 400,000 Subtotal $4,000,000 Allowance for Capitalized Interest 460, 000 Allowance for Discount 54,720 Allowance for Issuance Costs 45,280 Total Tax Increment Bond Issue $4,560,000 (e) it is necessary and expedient to the sound financial management of the affairs of the City to issue $4,560,000 Taxable General Obligation Tax Increment Bonds, Series 1995A (Bonds) to provide financing for the Costs; 2. To provide financing for the Costs, the City will issue and sell Bonds in the amount of $4,505,280. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $54,720. The excess of the purchase price of the Bonds over the sum of $4,505,280 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Official Terms of Proposal: DJK93848 BR291 -151 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $4,560,000 CITY OF BROOKLYN CENTER, MINNESOTA TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1995A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, October 10, 1995, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (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 P 9 P 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, 1995, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1996. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 1999 $225,000 2004 $350,000 2008 $385,000 2000 $265,000 2005 $360,000 2009 $400,000 2001 $330,000 2006 $360,000 2010 $415,000 2002 $330,000 2007 $385,000 2011 $425,000 2003 $330,000 Proposals for the Bonds may contain a maturity schedule providing for any combination of serial obligations and term obligations so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. -i- BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Kray & Co. as nominee of Midwest Securities Trust Company ( "MSTC "), Chicago, Illinois, 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 MSTC and its participants. Principal and interest are payable by the registrar to MSTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of MSTC will be the responsibility of MSTC; 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 MSTC. 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 MSTC of the particular amount of such maturity to be prepaid. MSTC 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. MANDATORY REDEMPTION Any term obligations issued shall be subject to mandatory sinking fund redemption in part prior to their scheduled maturity dates on February 1 of certain years, as more fully described in the Details of the Bonds section herein, at a price of par plus accrued interest to the date of redemption. 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 tax increment revenues from Tax Increment District Number 3. The proceeds will be used for various economic development projects within the City. TAXABILITY OF INTEREST The interest to be paid on the Bonds is includable in gross income of the recipient for United States and State of Minnesota income tax purposes, and is subject to Minnesota Corporate and bank excise taxes measured by net income. TYPE OF PROPOSALS Proposals shall be for not less than $4,505,280 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 $45,600, -ii- 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 0 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. In order to designate term obligations, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. All principal payments scheduled to be made in and before the year specified as the "Last Year of Serial Maturities" shall be designated as maturity amounts of serial obligations; all principal payments scheduled to be made after the year specified as "Last Year of Serial Maturities" and through each year specified under "Years of Term Maturities" shall be designated as mandatory sinking fund redemptions of term obligations maturing in the year(s) so designated. 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. -iii- 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. 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 an P Y P � Y 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 180 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 September 11, 1995 BY ORDER OF THE CITY COUNCIL /s/ Cam Andre Acting City Manager -iv- 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 7:00 o'clock P.M. on Tuesday, October 10, 1995, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. DJX93848 BR291 -151 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF BROOKLYN CENTER ) I, the undersigned, being the duly qualified and Acting City Manager of the City of Brooklyn Center, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Monday, September 11, 1995, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $4,560,000 Taxable General Obligation Tax Increment Bonds, Series 1995A of the City. WITNESS My hand as Acting City Manager and the corporate seal of the City this day of 1995. Acting City Manager City of Brooklyn Center, Minnesota (SEAL) DJK93848 BR291 -151 �G a, Extract of Minutes of Meeting of the City Council of the City of Brooklyn Center, Hennepin County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Brooklyn Center, Hennepin County, Minnesota, was held at the City Hall in the City on Monday, September 11, 1995, commencing at 7:00 o'clock P.M. The following members of the Council were present: and the following were absent: The following written resolution was presented by Councilmember who moved its adoption the reading of which had been dispensed with by unanimous consent: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $780,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995B 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 DSR93851 BR291 -151 Project Designation & Description Total Project Cost Construction Costs $917,072 Less: Assessment Stabilization (40,127) Prepaid Assessments (119,340) Subtotal $757,605 Allowance for Discount 9,380 Allowance for Issuance Costs 14,700 Less: Estimated Investment Earnings (1,685) Total Improvement Bond Issue $780,000 (b) it.is necessary and expedient to the sound financial management of the affairs of the City to issue $780,000 General Obligation Improvement Bonds, Series 1995B (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 $770,640. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $9,360. The excess of the purchase price of the Bonds over the sum of $770,640 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: D3IC93851 BR291 -151 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE ON THE FOLLOWING BASIS: 0 TERMS OF PROPOSAL $780,000 CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 19958 (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, October 10, 1995, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (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, 1995, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1996. 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: 1997 $65,000 2002 $80,000 1998 $70,000 2003 $80,000 1999 $75,000 2004 $85,000 2000 $75,000 2005 $85,000 2001 $75,000 2006 $90,000 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, -i- representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Kray & Co. as nominee of Midwest Securities Trust Company ( "MSTC "), Chicago, Illinois, 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 MSTC and its participants. Principal and interest are payable by the registrar to MSTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of MSTC will be the responsibility of MSTC; 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 MSTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2004, and on any day thereafter, to prepay Bonds due on or after February 1, 2005. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify MSTC of the particular amount of such maturity to be prepaid. MSTC 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 $770,640 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 $7,800, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. -ii- AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser 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. -iii- OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 30 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated September 11, 1995 BY ORDER OF THE CITY COUNCIL /s/ Cam Andre Acting City Manager -iv- 3. 5pringsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 7.00 o'clock P.M. on Tuesday, October 10, 1995, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. DJR93851 BR291 -151 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF BROOKLYN CENTER ) I, the undersigned, being the duly qualified and Acting City Manager of the City of Brooklyn Center, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Monday, September 11, 1995, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $780,000 General Obligation Improvement Bonds, Series 1995B of the City. WITNESS My hand as Acting City Manager and the corporate seal of the City this day of 1995. Acting City Manager City of Brooklyn Center, Minnesota ( SEAL) DJK93851 BR291 -151 Council Meeting Date 9/11/95 City of Brooklyn Center Agenda Item Number Request For Council Consideration • Item Description: Resolution Providing for the Issuance of Housing Facilities Refunding Revenue Bonds to Provide Funds for a Project on Behalf of Earle Brown Commons Limited Partnership II Department Approval:'­ G. Brad /Hoffman, Community De lop nt irector Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: It is my recommendation that the Council approve the bond issuance Monday evening if the final term is completed. If the City's right to approve the buyer is not completed at that time, I would recommend • that you reject the request. Summary Explanation: (supporting documentation attached No ) At the last Council meeting, a public hearing was held on a request by Earle Brown Commons for a refunding or reissuance of $8.1 million in tax exempt housing revenue bonds. At the meeting, it was clear that some issues were not resolved at that time. Issues were unresolved between the general partners and the bondholder (their concern) and between the City and the general partners (our concern). Given the fact that there were still unresolved issues, the Council laid the question over to the September 11 Council meeting. Sue Van Dyke of Dorsey and Whitney reviewed the four issues still unresolved between the City and the general partners. First, the City requires the partners to indemnify the City from any recourse due to environmental problems that might arise in the future. Since the City is in the chain of title, we would be the deep pockets of 1 future 1 n h it wane recourse against the p p is a potentia t tt re suit. Second, the City wanted ag general partners for the annual fee charged by the City for the issuance of the bonds. The City charges one -half of one point of the outstanding principal balance on an annual basis. Third, the City asked the general partners to personally guarantee the payment of property taxes. Fourth, the City wants to approve the sale of the property. Should there be a future sale, the City would want to make sure there is a good and reputable management firm operating the building. At the last meeting, the general partners had not agreed to these points. • As of Wednesday, the general partners have agreed to the first three issues. The fourth issue, which was the City's authority to approve the sale, has not been finalized. It has been conceptually accepted but language has not been agreed upon. I will be available Monday to answer your questions. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE OF HOUSING FACILITIES REFUNDING REVENUE BONDS TO PROVIDE FUNDS FOR A PROJECT ON BEHALF OF EARLE BROWN COMMONS LIMITED PARTNERSHIP II BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (the "City ") as follows: 1. Authority The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 462C, as amended (the "Act "), authorized to issue its revenue bonds and refunding revenue bonds for the purpose of financing and refinancing the cost of authorized housing projects and to enter into agreements necessary or convenient in the exercise of the powers granted by the Act. 2. Authorization of Project; Documents Presented Earle Brown Commons Limited Partnership II, a Minnesota limited partnership (the "Borrower "), has proposed to this Council that the .City issue its $4,400,000 City of Brooklyn Center, Minnesota Housing Facilities Refunding Revenue Bonds (Earle Brown Commons Project), Series 1995A, in substantially the form set forth in the Series 1995A Indenture described below (the "Series 1995A Bonds "), and its $4,400,000 City of Brooklyn Center,: Minnesota Housing Facilities Refunding Revenue Bonds (Earle Brown Commons Project), Series 1995B, in substantially the form set forth in the Series 1995B Indenture described below (the "Series 1995B Bonds "), pursuant to the Act and effect a loan of the proceeds thereof to the Borrower by exchanging the Series 1995A Bonds and the Series 1995B Bonds for the Citv's outstanding $8,800,000 Multifamily Housing Revenue Replacement Bonds, Series 1990 (Earle Brown Commons Project) (the "Refunded Bonds "). The Series 1995A Bonds and the Series 1995B Bonds would be issued to refinance costs incurred in the acquisition, construction and equipping of a 140 - unit multifamily housing project located at 6100 Summit Drive North in the City, which is owned and operated by the Borrower (the "Project "), by causing the Refunded Bonds to be refunded in full. Forms of the following documents relating to the Series 1995A Bonds and the Series 1995B Bonds have been submitted to the City and are now on file in the office of the City Manager: (a) Loan Agreement (the "Series 1995A Loan Agreement ") dated as of September 1, 1995, between the City and the Borrower, whereby the City agrees to effect a loan to the Borrower of the gross proceeds of the Series 1995A Bonds by causing the Series 1995A Bonds to be exchanged for a portion of the outstanding principal amount of the Refunded Bonds, as RESOLUTION NO. more fully provided therein, and the Borrower agrees to pay amounts in repayment of the loan sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Series 1995A Bonds when due; and (b) Loan Agreement (the "Series 1995B Loan Agreement ") dated as of September 1, 1995, between the City and the Borrower, whereby the City agrees to effect a loan to the Borrower of the gross proceeds of the Series 1995B Bonds by causing the Series 1995B Bonds to be exchanged for the remaining portion of the outstanding principal amount of the Refunded Bonds, as more fully provided therein, and the Borrower agrees to pay amounts in repayment of the loan sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Series 1995B Bonds when due; and (c) Trust Indenture (the "Series 1995A Indenture ") dated as of September 1, 1995, between the City and Norwest Bank Minnesota, National Association, as trustee (the "Series 1995A Trustee "), authorizing the issuance of the Series 1995A Bonds and pledging certain revenues, including loan repayments to be derived from the Series 1995A Loan Agreement, as security for the Series 1995A Bonds, and setting forth proposed recitals, covenants and agreements relating thereto; and (d) Trust Indenture (the "Series 1995B Indenture ") dated as of September 1, 1995, between the City and Norwest Bank Minnesota, National Association, as trustee (the "Series 1995B Trustee "), authorizing the issuance of the Series 1995B Bonds and pledging certain revenues, including loan repayments to be derived from the Series 1995B Loan Agreement, as security for the Series 1995B Bonds, and setting forth proposed recitals, covenants and agreements relating thereto; and (e) Combination Mortgage, Security Agreement and Fixture Financing Statement and Assignment of Leases and Rents (the "Mortgage "), dated as of September 1, 1995, from the Borrower to the City, and to be assigned by the city to the Series 1995A Trustee and the Series 1995B Trustee pursuant to an Assignment of Mortgage by which the Borrower grants, as security for the payment of the Series 1995A Bonds and the Series 1995B Bonds, a mortgage lien on and security interest in the Project, as more fully described therein. �. Findings It is hereby found, determined and declared that: (a) Pursuant to Section 147(f) of the Internal Revenue Code of 1986, as RESOLUTION NO. amended, this Council conducted a public hearing on the proposal to refinance the Project, and the Project and the refinancing thereof by the issuance of the Series 1995A Bonds and the Series 1995B Bonds are hereby approved for all purposes under said Section 147(f). (b) Under the provisions of the Act, and as provided in the Series 1995A Loan Agreement, the Series 1995B Loan Agreement, the Series 1995A Indenture and the Series 1995B Indenture, the Series 1995A Bonds and the Series 1995B Bonds are not to be payable from nor charged upon any funds other than amounts payable pursuant to the respective Loan Agreement and moneys in the funds and accounts held by the respective Trustee under the applicable Indenture which are pledged to the payment thereof; the City is not subject to any liability thereon; no owners of the Series 1995A Bonds or Series 1995B bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Series 1995A Bonds or the Series 1995B Bonds or the interest thereon, nor to enforce payment thereof against any property of the City (other than the interest of the City in the Loan Repayments to be made by the Borrower under the applicable Loan Agreement); and each Series 1995A Bond and Series 1995B Bond shall recite that such Bond, including interest thereon, shall n.ot constitute or L rise to a charge against the general credit or taxing powers of the City. 4. Approval and Execution of Documents The forms of Series 1995A Loan Agreement, Series 1995B Loan Agreement, Series 1995A Indenture, Series 1995B Indenture, Mortgage and Assignment of Mortgage, referred to in paragraph 2, are approved. The Series 1995A Loan Agreement, the Series 1995B Loan Agreement, the Series 1995A Indenture, the Series 1995B Indenture, the Mortgage and Assignment of Mortgage shall be executed in the name and on behalf of the City by the Mayor and the City Manager, or executed and attested by other officers of the City, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof and then shall be delivered to the Series 1995A Trustee and the Series 1995B Trustee. 5. Approval, Execution and Delivery of Series 1995A Bonds and Series 1995B Bonds The City shall proceed forthwith to issue the Series 1995A Bonds in an aggregate principal amount of $4,400,000, in the form and upon the terms set forth in the Series 1995A Indenture, and the Series 1995B Bonds, in an aggregate principal amount of $4,400,000, in the form and upon the terms set forth in the Series 1995B Indenture, subject to the approval of the United States Bankruptcy Court for the District of Minnesota of the Debtor's Fourth Plan of Reorganization submitted by the Borrower on May 11, 1995, providing for the RESOLUTION NO. issuance of the Series 1995A Bonds and the Series 1995B Bonds and to the issuance of approving legal opinions as to the validity of the Series 1995A Bonds and the Series 1995B Bonds and the exemption from federal income taxation of the interest thereon by Faegre & Benson Professional Limited Liability Partnership. The Mayor, City Manager, and other City officers are authorized and directed to prepare and execute the Series 1995A Bonds and the Series 1995B Bonds as prescribed in the Series 1995A Indenture and the Series 1995B Indenture and to deliver them to the Series 1995A Trustee and the Series 1995B Indenture and to deliver them to the Series 1995A Trustee and the Series 1995B Trustee, respectively (together with certified copies of this Resolution), for authentication, registration and exchange for the Refunded Bonds. Each Series 1995A Bond and Series 1995B Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall to the extent permitted by law be conclusive evidence of the validity and regularity of the issuance thereof. 6. Certificates, etc The Mayor, City Manager and other officers of the City are authorized and directed to prepare and furnish to bond counsel, the Series 1995A Trustee and the Series 1995B Trustee, when the Series 1995A Bonds and the Series 1995B Bonds are issued, certified copies of all proceedings and records of the City relating to the Series 1995A Bonds and the Series 1995B Bonds. and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including and heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. Date Mayor ATTEST: Deputy 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 auainst the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date 9/11/95 a 3 City of Brooklyn Center Agenda Item Number / Request For Council Consideration • Item escription: CITIES WEEK/CENTRAL GARAGE OPEN HOUSE PLAN FOR OCTOBER 5, 1995 Department Approval: Terri Swanson, communications coordinator Manager's Review /Recommendation: 64 4& No comments to supplement this report Comments below /attached Recommended City Council Action: Approve plan for Cities Week/Central Garage Open House for Oct. 5, 1995 from 4 -7 p.m. Summary Explanation: (supporting documentation attached The League of Minnesota Cities has declared the week of October 1 -7 as Cities Week in an effort to help citizens recognize the value and service of city government. As part of this state -wide promotion, we plan to hold an open house at our city garage on October 5 from 4 -7 p.m. along with a promotion of City services. Departments in the City are encouraged'to develop booths to provide information to citizens. In addition to the open house at the garage, we have arranged to take the garage to schools. During the school day, public works employees will take a field trip to area elementary schools to display and talk to children about our equipment and services. Additionally, a police squad car will also visit the school. Public works employees will answer questions and invite the students to come to the garage that evening for the open house. Area schools will also be invited to participate in the Cities Week poster contest with the winners receiving free passes to the community center. The winning posters will be displayed at the open house and in city hall. Additional plans for the week include other speaking engagements at school assemblies and sponsoring a student "shadow day" where students spend the day observing city employees at work. In order to display city services properly and to provide for brochures, games and/or prizes, we would like to give each of 6 departments /divisions a budget of $50 each or $300 total to cover costs. Additionally, the public services garage will require $250 to cover costs of designing, decorating and displaying their facility as well as their many services. Other anticipated expenditures include an ad in the Brooklyn Center SunPost, portable toilets, film, coloring books and poster contest prizes. We expect these costs to be approximately $950 with the total cost for the open house not exceed $1500. Food will also be sold because the event is • during dinner time. A plate including a hot dog, chips, cookie and pop would be sold for $1.50 each. We expect to break even on the cost of food. Cities Week was initiated in 1994. The Cities of Minnetonka and Eagan have both participated extensively in the program with great success. Last year, Eagan held an open house and the unofficial attendance was 2,000. Council Meeting Date 9 -11 -95 3 City of Brooklyn Center Agenda Item Ntunber Request For Council Co nsideration • Item Description; REQUEST FOR CHANGE IN ORDINANCE RELATING TO PULL -TAB OPERATIONS Department Approval: Cam Andre, Interim City Manager Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Direct the City Attorney to prepare an amendment to the ordinance providing for this change. Summary Explanation: (supporting documentation attached YES • Earle Brown Bowl and Lynbrook Lanes request a change in the ordinance regulating the amount that Y � g g g can be charged for rental space for pull-tab operations to allow the maximum permitted in state statutes. Currently the ordinance permits $700 and the state statutes permit $1,000. It is suggested that the ordinance (Section 11 -717) be amended to delete "$700 per month" and substitute "would be allowed by state statute." The applicants state that the Lions Club (sponsors of the operation) are in agreement with the proposal. • _ EarleiBrown`Bowl , ` �` �` 6444 James Circle North � ,_ `�5 F � ^ Y _ r,` 'x s ,r r „ � Brooklyn Center, Minnesota 55434 r s �`�,a,��^jjam��,,,��,,.�j� _ ,,August -17, 1995 -4 Y' "Ea&LNl.1YYjl LIUWI r 4 e r.w} a - A"v r `� 1+ v 2k !qc c t t, t *�' a i+) }r �� .+ ..xs'4°''Y�` +y t.'�:''w '{ j s. ,Q ♦�11 p s" -r',. 3^ �% ra: � *s n` d t, ! s r �"�.'`s c'l,m 4'-n-j,,I.r-" W��, -y,:Y r. r r '�,�'S,, �i.1 ti T r x * r �..� ,.w Rc'yr X._ { ""•lf _-L ':t ♦ .� , ', �- a 1 '3,. *�M 3" 1 + K �` ' i' S f l K X y F 3 i•+ Y �.1. [ y 3. h 3 tr r 1 t r S=i 11�; * y �, _ City Manager r ;5 � k .. N om: , itryy o+f Brooklyn Center t - �-11 OT :Shin~ 1 j R '.� s R �� gle Creek Parkway ,. 4 r r- y ,r„c Brooklyn Center, MN 55430 k ^f r t = . , d f 1 1 4 #, fi k A T Y 'r< Dear ,S"ir ' �� '� ' k r,. r -� T4 On O LL befialf of Steve Nelson;of Lynbro k La es and me, v �T `I would like to see:the lquof ordinance changed to � , y �� }coincide witfi..the 'State:law regarding pull tads. I 11,O",t .Rl t � +t � have;talked tQ ':tlie .pull+tab people and they are *agree �able�' - 3 r 1 �� Shank you for your consideration in tfiis matter r t s y 1s`- i I a T t 41. � � ,� �:. r r= _ r Sincerely � � € �, ,_ �.,:, _,a-_ - 11``; x � .^ 4e�G: r Tames E: Madden 3_ President Earle Brower Bowl 11 Steve: elson' President Lynbrook Lanes r JEM J e - r r: I 11 k ..- ..:� a ': -. -.� t . . 0 I-I_,. , I - - - , - � I I Restaurant,(6�2) 560-9242 1.Fun Center`(6i2)566-6250 I. Y Cmwil Meeting Date 9/11/95 City of Brooklyn Center Agm"RM Number Request For Council Consideration is Item Description: Mayoral Appointment: Housing Commission (One Vacancy) Department Approval: QftL -pa-a-, Patti Page, Interim administrative Assistant Manager's Review/Recommendation: fy No comments to supplement this report Comments below/attached Recommended City Council Action: Appoint one member to the Housing Commission: • One member to fill the vacancy of Jack Kelly whose term would expire December 31, 1995. Summary Explanation: (supporting documentation attached Yes ) • Notice of vacancy on the Housing Commission was published in the August 2, 1995 Brooklyn Center Sun-Post and was posted at City Hall and Community Center and aired on Cable Channel 37 from July 26 through August 25, 1995. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy on the Human Rights and Resources Commission and encouraging them to call Sharon Knutson if they are interested in applying for the commission. They were given the choice of either reapplying or having their application previously submitted be considered. Notices were also sent to present advisory commission members. Attached for City Council members only are the applications received to date as follows: Lloyd Deuel 1606 72nd Avenue North Naomi Ische 7213 Kyle Avenue North Rex Newman 3107 61st Avenue North Mark Yelich 6018 Beard Avenue North At your March 27, 1995, Council meeting, you approved the following process for filling Commission vacancies: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; Request For Council Consideration Page 2 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. Mayor Kragness has indicated she will recommend appointment of Lloyd Deuel at Monday's meeting. The table on the following page outlines the geographical distribution of the current members of the Housing Commission and the applicants. Request For Council Consideration Page 3 Geographical Distribution Housing Commission (Chairperson and Eight Members) Applicants and Current Members September 6, 1995 : Yi......%j::}j�:v:�i.......... i......i::::::::::::ii:{ii??i?iiii::iii:!:::i:>.::::::::::::::i: Neighborhoods 1?i .: .:.:; :::::.....::;.>:; Current Members Southeast Todd Cannon 2205 Brookview Drive Northeast east Am n <' ;:::>:::::::::::::::::::::: : : ::::>::>::>::>:: y Go y Forth........:::.;::.::::: ;:;::.: 6925 Humboldt Avenue North Northwest fib!1�± h :«:::>::::>::::;.;:.:>:>;;;:>>::>::»:><:>>><:>:::::::>:><:.:;:::> Ernie Erickson 3 yie Aenu+�forth 6800 Drew Avenue North West Central Henry Yang 6207 Regent Avenue North Jonathan Carter 4700 Eleanor Lane Cen r 1 to :.:.:X.: ean:.:::::::;::.;:.;:.;:.:::.::::.:.:::::_.:;�:.:::.;:;.::::.:.::.:.:.:>:;.:.:.;:. Maria Olek 6612 Ewing Avenue North :<:>: Vince at Op > 6012 York Avenue North Southwest One vacancy. Council Meeting Daze 9/11/95 City of Brooklyn Center Agenda Item Number / ® Item Descri tion: Request For Council Consideration P RESOLUTION ACCEPTING BID AND AWARDING CONTRACT,IMPROVEMENT PROJECT NO. 1995-11, CONTRACT 1995-E, CORRUGATED METAL PIPE SANITARY SEWER TRUNK RELINING Department Approval: Scott A. Brink, City Engineer Manager's Review/Recommendation: No comments to supplement this report Comments below/attached Recommended City Council Action: 'A resolution which awards a contract to Insituform Central Inc. in the amount of $845,220.00 is • attached for consideration. Summary Explanation: (supporting documentation attached No ) As the Council is aware, this particular project has been presented before the City Council several times within the last few months. Following is a brief history of the project to this point: The City Council previously established this project on April 10, 1995 and authorized the approval of plans and specifications and advertising for bids. The project basically consists of the relining (rehabilitation) of over 6000 lineal feet of corrugated metal trunk sanitary sewer pipe. The pipe proposed for rehabilitation begins at the intersection of 69th Avenue and Ewing Avenue, and traverses southeasterly across I-94 to Lift Station No. 1 at Garden City Park (see Figure 1). The majority of this pipe was installed 40-50 years ago and is experiencing significant amounts or corrosion and decay. The sewer pipe is of large diameter and carries flows that represent approximately 40 per cent of the entire City. Portions of this pipe have previously collapsed, and the urgency to replace all corrugated sanitary sewer pipe has been realized. Because of the increasingly fragile condition of the existing pipe, inaccessibility, and the disruption that would be caused by excavating and replacing the pipe, it was decided that rehabilitation by relining (cured in place pipe) was the most feasible and desired method of rehabilitation. Bids for contract 1995-E were received on June 15, 1995. The bidding results were as follows: • Bidder Bid Amount Lametti and Sons, Inc. $744,268.00 Insituform Central, Inc. $788,791.20 Spiniello Limited, Inc. $1,154,002.00 Request For Council Consideration Page 2 • (Engineer's Estimate: $1,078,000.00) The bids were considered at the June 26, 1995 City Council meeting. For reasons explained in previous reports, Staff recommended that a contract be awarded to the second low bidder, Insituform Central, Inc. in the amount of $788,791.20. This recommendation was challenged by the low bidder, Lametti and Sons, Inc. The City Council subsequently tabled any action on this contract until the July 10, 1995 Council meeting, pending further review by the City Attorney and City Staff. At the August 14, 1995 Council meeting, the City Council rejected the bids, approved revised plans and specifications, and authorized advertisement for bids. On September 6, 1995, bids were again opened, and the results are as follows: Sanitary Sewer Bidder Bid Amount Total Bid Insituform Central, Inc. $769,590.00 ($845,220.00)* Spiniello Limited, Inc. $1,256,320.00 ($1,366,270.00)* (Engineer's Estimate: $1,078,000.00) * As part of Staff's preliminary field investigation work for the 1996 street reconstruction program, approximately 630 lineal feet of storm sewer pipe was identified as requiring rehabilitation • in the Orchard East neighborhood area (see Figure 2). This additional amount of pipe was included in the second round of bidding to determine if a competitive and reasonable cost could be obtained for rehabilitation of this additional pipe. Combining this additional work with a larger project was expected to lower its cost dramatically, since mobilization expense on a project of this nature is comparatively high. The cost as bid for this 630 lineal feet was $75,630. By comparison, in 1992 as a part of the 69th Avenue project, we lined 540 lineal feet of sanitary sewer at a cost of about $98,000. If the Council believes it is appropriate to expand the project to take advantage of this very competitive bid, the additional amount ($75,630) would be included and funded within the storm drainage improvement costs for the Orchard East area. We recommend awarding a contract to the lowest responsible bidder, Insituform Central, Inc. Insituform has a proven track record for these types of projects; not only in the City of Brooklyn Center but for numerous communities in Minnesota as well. Past experience and references for similar projects have indicated that Insituform has provided a reputable product and service, and is capable of adequately performing this project. We therefore recommend that a contract be awarded to the low bidder, Insituform Central, Inc. in the amount of $845,220.00. With the exception of the storm sewer relining previously explained in this report, all costs for this project shall be financed by the Sanitary Sewer Utility. • _,va«.a••__..�.•.• ..._..-.:...._.�—avFarrsnw✓,,n,4.:.-.. —z:c,•,W d:S.>1rry:r x..te...1:,.'-'s :.:.,..."..««.._.n.i.•uY.:..............., ... w.aa..... . ....-.... _. ._.._.. un._ ._........._.............._.................. _-._- ......._... u Sulu/•lu .t , //EE�1 L�' [ tJj �r' +_ �, `.•� tty�• IF y - t ,cPOCO.., r(q�}n A_.• y,..,��{ t t^. 1.N 1� 0 ,• • j�f ylnl ���.� �. (; / t��� !`y�.��D�M' w �,,1.j� , y 7 !t/��1� � .,'��^. �•'°i'p (gip y U:ham �'.\ ' ' p�� T � t � d b`M1 s�'`t i{ ! \7�•� L�0'"ntoa-oitOtr i"t 0. •��`'�� �rot� ¢ �FR,',7 r''[ia..�;,� �\.� , •.,111 f r M, �z#p.,• N u [. • ot, •••i'in t .1 W 4+ :i. /V. ,+ �I, 1i r ;, �` k t `,1( ll(\5.1 O,t,r\t�� W t ', .r f: 'y i'� CL `,.+, '. `C 1. l .�\� t\l f.\-1 w ! r + `t' "� \�t k; t1(�. ' 1?� t L\1 \ ( 'r W CC '4" 6 a rJ 7 - ► ; .k�{, ��t�(( 'y� O Oda ' v m ''`.," 1c .�. /n91e,,3.1�:h.'L� ._: k' ���.C �t '� 1�.\.,Y�"r\ w� .•�O.tl CG[C w ill � ' i , _.. . - o� 'g ��o/fir �- w ` k A j r ! 1Ji 1 a<• .�(r t v n(.� ` �,I o'got( •Ot r�,•1s 11f��11 •' - + � ` `,�i .� � °?}�- • ,t'�.1 Aw�•�.` � 1`�� N�.,' O � � rQ lit la `'r o« / %. ; i rfi' IIj l I dd ti di.i" J - � Oil.; Eo i- J w Q t[ .� V♦ i8 I I • n •� •1 a / �'t y (t f ti .'1 7 3¢ I I �5 fj, R S „y;J R •r O 1 W _�� _ W R '�`^��/t -;" ��•{I ��: �.;.'�: r �1 ��. , � ' -.,+ - r " F f 9 l H• .' P _ ; r° ,rl ,y it � 779 I + 3��r c-�` iu ?'.�!• i t�i ; 1. r O .,,^9. ..� 1 «��!' •M1� � i '_!1 . r v j 4140 I1!Ita i - r : ;' � � jl• �,�5' •.t� � �; K t. 177 G I •i �zC !o��ID � CAL+f ios °►' ° R � 1 Ril L i etc C Jr ! q �v fill ! R• rto 60 Fi °- 4 NI. O•• , i I �I „ «R •:'1 oil 011 Z ..I: o-. .v ._ o. _. Y " a '•{ ._.LT» .� _ 1 �+ .ii� i t 1 t �. Cc -yon n • _ 1.1.. _rl- ^ ,�.' JON= 3n'y g ! 01- 11 ,7 .t jjII�� _ ;,�� � : O U n�rR. w .J1- - O�•...-... ...W fi •!-fI. ! Itltf, �,r1• •1' _ n m - 'p7 w 1 q I ! f ., C _+tom 2 rW \�wa�,• n'. i..A,.jUp ^_--�_ .., ;�.�,t 3 r 10. 0�. _ 'Z. 1. ! . , Ift}CS fgfOGEp.... ti3 is at. N3 I... .•p _<•ia-'. E ;• i• a rt 6 ti5E0 '-.._. st .I.. is""�'SII ! I _ n�i{ n_ _- Z �Y rj R C>�Gn O ]� 1 .Y_' •�., •1 1 _. �~ • ,� ^� _I ^'..�... n3 x- a a• l .'L I I S1 ,t • „yv r.t rN. � � W' �.� , a i - 11; i t• 'Q �rrf w , _ } �yoo.iy-••occ O •-oEG _ x w J."0 .� w , .I , A w a,�u"-- ,« W� � :,,� rt r'.� S n...l .R1 .._ r•� -�.R r� A •i',�': ♦ _!-, i._. Yt+, �2'- ¢ a•.� .�w 0 •�; n 1_✓, S a r' Q J °,�,� � » �i� l.i.�, iq w� s r: •'r ! W�Sti�C.f ` arXjY _1.O��Y. `��..��_..__.. \\'1 Yj' •� i y'._�AV 'r1fJIMd ' I� + I � - l r :250n ! 1 I ! ,.' .. 1u I 4, t� E o f � • �'� W 1•»tai�oo�(3` n it..t�,. _ tJNIM J� � � �ap,•f, � V I rytll ll,' J!i Vl.1 .:'tl 'Ir � , .7� � l� , _ pS�l Y. �" " c •6tiiOtlip h..., ,� r r x� �✓ � AR T. � _�_. _ ' i' i ;( �i r . ..r r-. I } .. t� t 1ptOf� 33�;f3 ToTiT _ iti,D o "t' o i w 1 t I { '`� i�Zob116t�R`bi- 9 n^: ' 2f i ! w 1 L '[' 1 ('f_ 'J '� s iET A '1�. ..� ..3r'tttDLL....i.-i ">�` �t.• o w � , 1 I 1 xa p _n V °I M Ui f GtG o• 1 G pa9°� wo-•.orGO ° x 1 _ 3 I - �, ... .. _ W ..•(( ,. r .,IAA . z `t. td 1 .;H',w AT vl• 't ; . r �. ! .`. I ♦ ",1, ,,yy ♦ • •! LI '' flr,� a' I t,l •F't Irr ,rJl I '~� �'y ' � ""..• r„.v .6bo2>t. :. !! , ,.:/ • .._. } ai5 � E �a J,. A\ 'f� 1 �r ���,Di '�, � I �fiil 7r � y 1 � .w�� t � I �W i O _.a_ ___�- - I l E: ( I f 1: �.,I i. « J�'n } d :: h•y\ d n j .. ,t _'I._r I `i•Ot / 7'.,• m " a+�. i,.•fie "O- t9f Yo ttOG[.O ••OtG O_••OFL w i � � :�.i d_! z, Y e , i f� � � i-. � I ��l.►yt,/ (��yp1 � �,,., j•t o � 0- i i. _ v i' i ♦ e r 'J� �.��is 1 ' 4C If Y[ rr v 7t �I lv: I � C' ? _�� ':b(k"'. '•2� (.QEllo "% i." ; i Q I` y fffill y O • S F7 X p ' -¢ ¢ g ! t i '> ,� 41 L! :.. I i ` f ! '�_ ��"��.�.'tr !;� ;, -• I� 'i$ i0`Es• .....r..:;.lY _ O -17(SC v idEtl'i=itt9iio[6.i oo / r} i A3dij32 3 i I TI T. $ J. a a �ifl1 i j„�1. 1`. � x � :w t. , � •” ♦ ��31 �lTkh b 111! I :� ti �1 I L l .'� 1. YD/020. J W ...iii. ° •�2•t Rl:ft _ �'., 7J Atr 4 j 11 4 1 � • �� F T"'. �9D W? 34 ...1, I ' ... •D i 'r N w Jy.' 7 9 O} 1X 1 #r b 3:L:'T#f O N� J-cct.53:w �J• 1'x.11_,..; - ;. _.)NL j O :- Co-O f T 1 1 .1 T (':.�7.>,,.S�y i iRl --�-... I !v•i.l,J•I )[ �". "�'nrqu.`.�!1.`1_i}�M.��'-1•0!_[1f�''r l_tt.j•x q � r.. X "�3 '�. AAV n ] I ^ a Y.. z ``_ `♦7,n K {'. �! n � .,i I � i �..t) ,a �' .—) I 41 I• 1,.�... ..� � yr',1I kI�• �,JrMrrt IMb' • 21� j '� n ,r ° 1v( S � i - _• ",� _.�I r.,..7 � ♦ • y y'.IC Y.�/ .n� N,,: �(� TM 1 1 At r ,. 'T Cxx O i � e .a`i jl ally 1 � n� :�I'� •ti�, �- �; I 1 °. �--��•z—�—a'7 Tf -Ttt / . . "+ ,,,v,,• • 'r 1 i^��t '"Kt t .!.. I I � o r '�\•° v�/,�X 1 9ARK 8ROOi Cj) CD To OLEDO AVE. N- 3AY UOUS Il U) x Z- -Tj v uw �Yl TE F N- Tl REF&IT AVE.67-)-k 1 'MY-IIVLD �Lv-IIVLD 1. 1p- NEGEI _____. r 1 f-IL I ! 1 1 IJ —1 4ALl pUAI l N. UP - F[:j- - -)1 �I\ -_-� - t'EfU(Y 09 -E N -.-E AVE. N. —01 E ■ Tll WJON AV. Ul - mr MAJOR AVE lz Ad 11.111 AVE. J JE tY_LE jLWLAjj J-11 [1-1- 111-1-11 ri -IT- T I]-I Im E. F A AVE • N AVE v 14- .:LVJE AYE a -IT -AVE- r - J, TallGRIMES 4 '30 301 RANNCE .3&,1 baI mn J-1-IL Ll EVING i NEW N. CUB tl rl 1 - --- I--" . 30 W03 J � -- L�_l.T 0-� t- _ ItriZ L_ z - �A Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1995-11, CONTRACT 1995-E, CMP SANITARY SEWER RELINING WHEREAS,pursuant to Resolution 95-110, the following bids were received and opened on September 6, 1995, for Improvement Project No. 1995-11, Contract 1995-E, Corrugated Metal Pipe Sanitary Trunk Relining: Bidders Bid Amount Insituform Central, Inc. $ 845,220.00 Spiniello Limited, Inc. $1,366,270.00 WHEREAS, it appears that Insituform Central, Inc., of Chesterfield, MO, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract in the amount of $845,220.00 with Insituform Central, Inc. in the name of the City of Brooklyn Center, for furnishing corrugated metal pipe sanitary sewer trunk relining, Improvement Project No. 1995-11 according to the plans and specifications therefor approved by the City Council and on file in the office of the Deputy City Clerk. 2. The Deputy City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. All costs for Improvement Project No. 1995-11 shall be financed as follows: Sanitary Sewer Utility $769,590 Storm Drainage Utility 75.630 $845,200 RESOLUTION NO. Date 4 Mayor ATTEST: Deputy 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. Council Meeting Date 09/11/95Gj 3 City of Brooklyn Center Agenda Item Number / Request For Council Consideration Item Description: RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET TO PROVIDE FOR EMERGENCY REPAIR OF A GATE VALVE AT THE COMMUNITY CENTER SWIMMING POOL Department Approval: /z. Jim Gia soe, blic Services Coordina or i Manager's Review/Reco endation: No comments to supplement this report Comments below/attached Recommended City Council Action: Approve the resolution for emergency repair of a gate valve at the Community Center swimming pool, to be funded from the General Fund contingency account. Summary Explanation: (supporting documentation attached ) For the past few months, maintenance staff have been experiencing operational problems with the swimming pool's gate valve. The gate valve closes off the pool's filtration system when staff needs to backwash (clean) the filters. Closing this valve prevents dirt and debris from being washed back into the pool. As I indicated, staff have experienced some problems with this valve leaking during the backwashing procedure, which is needed every two weeks. Some leaking is not problematic and would not adversely affect the process. Recently however, this leaking problem has gotten so bad that staff must physically dive down to the bottom of the pool and cover the drain to prevent dirt from entering the pool. Replacing the gate valve is a very labor intensive job, one that few contractors are willing to tackle. The concrete floor must be cut away and five feet of material removed to expose the valve. To complicate the work, it is all performed within the confines of the pool's small filter room. This means no machinery can be used and all digging must be done by hand. In addition, the pool cannot be used while this repair is being completed. • This gate valve was replaced in 1992 and should have provided many years of maintenance free service. Since this is the second time this valve has needed replacement, the contractors are recommending we install a new type of valve that is less apt to fail. Also, they are recommending we install a masonry chase for future access to the valve. This access will cost an additional $800.00 now, but will save us thousands if the valve needs any future maintenance. Request For Council Consideration Page 2 We have received two quotes for the work as follows: • Valley View Associates $6,000.00 Designer Pools $11,750.00 Because it is far more cost effective to perform this work when the pool is not in use, we have scheduled it to coincide with our yearly pool shut-down which is scheduled from September 5th through 10th. Waiting to perform this work at a later date would involve closing the pool for at least five days. This would result in loss of pool revenues and create scheduling problems for swimming lessons and other pool uses. Staff requests Council approve the resolution for emergency repair of a gate valve at the Community Center swimming pool, to be funded from the General Fund contingency account. • q , Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET TO PROVIDE FOR EMERGENCY REPAIR OF A GATE VALVE AT THE COMMUNITY CENTER SWIMMING POOL WHEREAS, for the past few months, maintenance staff have been experiencing operational problems with the swimming pool's gate valve; and WHEREAS, this leaking problem has gotten so bad that staff must physically dive down to the bottom of the pool and cover the drain to prevent dirt from entering the pool; and WHEREAS, replacing the gate valve was not included or approved in the 1995 general fund budget; and WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, The following quotes for replacing the gate valve and installing an access chase were received: Valley View Associates $6,000.00 Designer Pools $11,750.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The emergency replacement of the gate valve at the Community Center pool by Valley View Associates is hereby approved. 2. The 1995 Proposed General Fund budget be amended as follows: Increase the appropriation for the following line item: Community Center Maintenance - No. 167, Object No. 4560 $6,000 Decrease the appropriation for the following line item: Unallocated Dept. Expense - No. 182, Object No. 4995 $6,000 RESOLUTION NO. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly Y seconded b 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. Council Meeting Date 9/11/95 3 City of Brooklyn Center Agenda Item Number Request For Council Consideration • Item Description: RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR SANITARY SEWER HOOKUP TO THE HENNEPIN COUNTY TAX ROLLS Department Approval: f Diane Spector, Dire of Public Services Manager's Review/Recommendation: No comments to supplement this report Comments below/attached Recommended City Council Action: Consider adoption of the attached resolution, which would certify the proposed special assessments for collection on the Hennepin County tax rolls. • Summary Explanation: (supporting documentation attached a c hed Yes ) On August 14, 1995 the City Council adopted Resolution 95-176 establishing Improvement Project No. 1995-16, Bryant Avenue Sanitary Sewer Extension. All costs for Improvement Project No 1995-16, Bryant Avenue Sanitary Sewer Extension, shall be financed in accordance with the following schedule: Special Assessment PIN 36-119-21-31-0016 $5,207.49 Public Utility Fund $5,207.49 The purpose of this resolution is to certify this assessment to the Hennepin County Tax Rolls. The owner of this property has agreed to waive her right to a special assessment hearing. �IJ Member introduced the following resolution and moved its adoption: b RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR SANITARY SEWER HOOKUP TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, certain properties which were not previously assessed a full share of the cost of the municipal water supply system or sanitary sewer system have been permitted to connect to such system; and WHEREAS, the owner of each property has executed an agreement to be assessed a hookup charge pursuant to City Ordinance Section 4-201; and WHEREAS, an assessment roll, a copy of which is attached hereto and part hereof by reference, have been prepared by the Deputy City Clerk, tabulating those properties to be assessed for utilities over a twenty year period, together with the amount to be assessed to each property; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessments for public utility hookup charges: NOW, THEREFORE, BE IT.RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment roll of pubic utility hookup charges is hereby adopted and certified as the following levy: Sanitary Sewer Utility hookup charges Levy No. 13510 2. The assessments as adopted and confirmed shall be payable in equal annual installments extending over a period of twenty years. The first of the installments shall be payable with ad valorem taxes in 1996, and shall bear interest at the rate of at seven (7) percent per annum. To the first installment shall be added interest on the entire assessment from October 1, 1995 through December 31, 1996. To each subsequent installment when due shall be added interest for one year on all unpaid installments. RESOLUTION NO. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The Deputy City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Myrna Kragness, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER SPECI ASSESSMENT ROLL September 12,1994 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1995-16 Levy No.: 13510 Description: Charges established for hookup to Fund/Code No.: 9057-1370 City sanitary sewer system Levy Description: SANITARY SEWER HOOKUP 95 Levy runs one (20) years at an interest rate of Location: Bryant Avenue North seven (7) percent. First payment, with property taxes payable in 1996 Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: N/A Date of Assessment Hearing: September 11, 1995 By Resolution No.: N/A Adopted On: Assessment District: N/A By Resolution No.: Method of Apportionment: Charges are established in Utility Hookup Agreements Corrections, Deletions, Or Deferments: Cost Summary From N/A Resolution No: TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $5,207.49 City Property: Other Public Property: Private Property: $5,207.49 SPECIAL ACITY SS EOSSMEWERT FEICAT ON ROLL SANITARY SEWER HOOKUP 95 MUNICIPAL CODE NO. 22 Levy runs twenty (20) years PROPERTY ASSESSED OWNER LEVY PROPERTY ADDN. Address Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address 13510 36-119-21-31-0016 89288 $5,207.49 6331 Bryant Ave N MARY TAYLOR 6331 Bryant Ave N Brooklyn Center, MN 5430 $5,207.49 Council Meeting Date 9111/95 3 City of Brooklyn Center Agenda Rem Nun 9Z!�_ Request For Council Consideration • Item Description: New Hope Proposal on Ice Arena Department Approval: n C- Cam Andre, Interim City Manager Manager's Review/Recommendation: No comments to supplement this report Comments below/attached Recommended City Council Action: Summary Explanation: (supporting documentation attached Yes ) • Attached is a copy of a letter from Mayor Erickson of New Hope soliciting participation in the costs of improving the New Hope ice arena. In response to my request for his comments Arnie Mavis has penned in his comments on the proposal. Also attached is a copy of a letter from Commissioner Mike Op at from Henne p in County about the prospects of incorporating an ice arena in the Hennepin Community Works projects. He referred to the "Mighty Ducks" state funds available for ice arenas. The money currently is aimed at proposals that are in an advanced state of development although future expansion of that program may be available for the Humboldt Avenue project. At present it does not seem feasible for the City of Brooklyn Center to make a financial commitment for such a facility, although future developments may indicate that the City of Brooklyn Center should take some action on this matter. On that basis, the staff makes no recommendation. Y FROM THE OFFICE OF THE MAYOR Edward J. Erickson 2� Q� G�i H O August 3, 1995 ; Mayor Myrna Kragnes City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Dear Mayor Kragnes: As you perhaps know, the City of New Hope has been asked to provide a second sheet of ice at the New Hope Ice Arena. The estimated cost of the addition will be in the neighborhood of $2 - $2.5 million. I am sure that you are aware of the introduction of girls hockey at both the high school level and athletic association level. Added to this is the growing lack of available ice at other locations and increased participation in the boy's program. All of this has created a critical shortage of ice to satisfy the increasing demand. New Hope taxpayers have supported underwriting both the operating losses and bond retirement for the past twenty years for the New Hope Ice Arena and we cannot ask them to pay for the operating losses (if any) and construction costs for another sheet of ice. An interesting fact is that only 20% of New Hope kids make up the various rosters using the arena. The other 80% come from surrounding cities. As you know, we have always been pleased to be able to offer this facility to all at no additional cost. However, in the future we cannot be the only city to underwrite any possible operation losses of another sheet of ice and the construction cost. Our City Council would like to have all cities that have participants in our programs to help with the cost of building and operating another sheet of ice. I would like to propose two options. One, have each city agree to pay an undetermined amount for each participant from their city in order to meet any operating deficit (which we do not anticipate) and pay debt retirement. 0 The second option would be to have each city deposit a sum with the City of New Hope and we would refund any unused money at the end of the year based on an agreed plan. 4401 Xylon Avenue North New Hope, Minesota 55428 Phone:531-5100 Fax:531-5136 Page 2 August 3, 1995 All of our cities are facing the same problem and New Hope is more than willing to do our share but we cannot continue to provide facilities for participants from other cities without financial help from your city. A second sheet of ice is desperately needed for our area's vitality and family growth. Will you help by discussing this with your City Council and respond as soon as possible. Thank you, �EdwazMrickson Mayor of New Hope 00 14 a 1 MIKE OPAT 612-34,Q-7781 COMMISSIONER =. FAX 34 53O:. BOARD OF HENNEPIN COUNTY COMMISSIONERS A-2400 GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA 55487-0240 August 10, 1995 Mr. Tom Bublitz Community Development Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Tom: Sometime ago, during a Hennepin Community Works/Humboldt Parkway meeting with the City of Brooklyn Center and the City of Minneapolis, the idea of building an ice arena in the Humboldt Parkway Project Area was raised. As you might know, the 1995 Legislature created the "Mighty Ducks" Ice Arena program, which provides funding for communities interested in building an ice arena. Enclosed please find a copy of the Minnesota Amateur Sports Commission's (MASC) Request For Proposals (RFP) for the program. According to the RFP, the MASC will give priority to proposals submitted by more than one local government. I believe this might work very well with the Hennepin Community Works projects proposed for the area, and would be an excellent joint project between Minneapolis and Brooklyn Center. If you are interested in pursuing this further, I would be happy to ask our staff to help in any way we can. Thank you. Sincer I M i VAT 1st District Commissioner cc: Larry Blackstad, Hennepin County 6c PRINTED ON RECYCLED PAPER Cm=il Meeting Date 9/11/95 3 City of Brooklyn Center Agenda Item Number Q Request For Council Consideration Item Description: PROPOSALS FOR MANAGEMENT UNION NEGOTIATOR Department Approval: Cam Andre, Interim City Manager Manager's Review/Recommendation: No comments to supplement this report Comments below/attached Recommended City Council Action: • Summary Explanation: (supporting documentation attached The following responses were received: HOURLY RATE Frank Madden & Associates $90* Ratwik, Roszak, Bergstrom & Maloney P.A. $90* Barra, Guzy & Steffen $105 to $125 Labor Relations Associates $70 The proposals are available for inspection and if desired copies can be made. All appear to be very reputable and qualified firms. We have received a contract proposal from the union. • Council Meeting Date 9/11/95 3 City of Brooklyn Center Agenda Item Number is Request For Council Consideration Item Description: 1996 Preliminary Budget and Property Tax Levy Report. Department Approval: c� k Charlie Hansen, Finance 0i ector Manager's Review/Recommendation: -,fco�l No comments to supplement this report Comments below/attached Recommended City Council Action: Discuss the attached resolutions and decide upon changes the Council would like to make to the budget and the preliminary property tax levy so they may be certified to Hennepin County by September 15th. Summary Explanation: (supporting documentation attached ) • The attached resolutions were prepared based upon the Proposed 1996 Budget as recommended by the City Manager. This was done so the Council would see examples of the resolutions in their entirety. We understand that the City Council is interested in making changes to the budget before adopting it. The Summary of Estimated Revenues by Source and Fund report in this packet is slightly different from the one in the budget book. This is because the one in the budget book erroneously used gross tax levy for the debt service funds when net tax levy should have been used. prelimly\request.txt • CITY OF BROOKLYN CENTER, MINNESOTA ANNUAL OPERATING BUDGET 1996 PRELIMINARY PROJECTION OF TAX LEVY BY FUND 1996 1996% 1995 1996 Increase Increase Budgeted Preliminary -Decrease -Decrease Levy Budget From 1995 From 1995 I. GENERAL PROPERTY TAXES General Fund Gross Levy 6,166,149 6,303,322 137,173 2.22% Est Uncollectable 184,984 189,100 4,115 2.22% Net Levy 5,981,165 6,114,222 133,057 2.22% E.D.A Gross Levy 140,592 177,220 36,628 26.05% Est Uncollectable 4,218 5,317 1,099 26.05% Net Levy 136,374 171,903 35,529 26.05% H.R.A. Gross Levy 122,340 123,336 996 0.81% Est Uncollectable 3,670 3,700 30 0.81% Net Levy 118,670 119,636 966 0.81% S.A. Bonds of 1994 Gross Levy 72,116 69,035 -3,081 -4.27% Est Uncollectable 3,606 3,452 -154 -4.27% Net Levy 68,510 65,583 -2,927 -4.27% S.A. Bonds of 1995 Gross Levy 0 80,000 80,000 Est Uncollectable 0 4,000 4,000 Net Levy 0 76,000 76,000 Total Gross Levy 6,501,197 6,752,913 254,797 3.92% ------------- ------------- ----------- Total Net Levy 6,304,719 6,547,344 245,553 3.89% ------------- ------------- ----------- II. INTERGOVERNMENTAL REVENUE Homestead Credit General Fund 1,300,110 1,272,254 -27,856 -2.14% E.D.A. Fund 36,483 0 -36,483 -100.00% H.R.A. Fund 18,304 17,424 -880 -4.81% Total 1,354,897 1,289,678 -65,219 -4.81% ------------- ------------- ----------- TOTAL TAX BASED REVENUES 7_659,616 7,837,022 180,334 2.35% proptaxllevyincr 9/7/95 i CITY OF BROOKLYN CENTER, MINNESOTA COMBINED ANNUAL OPERATING BUDGET INCLUDING THE GENERAL FUND - DEBT RETIREMENT FUNDS ECONOMIC DEVELOPMENT AUTHORITY(EDA) FUND AND HOUSING & REDEVELOPMENT (HRA) FUND 1996 PROPOSED SUMMARY OF ESTIMATED REVENUE BY SOURCE AND FUND 1995 1996 1996 Percent Budgeted Revenue Increase Increase REVENUE BY SOURCE: Revenue Estimate -Decrease -Decrease I. GENERAL PROPERTY TAXES 6,308,325 6,547,344 239,019 3.79% II. SPECIAL ASSESSMENTS 117,627 117,627 III. LODGING SALES TAX 395,000 480,000 85,000 21.52% IV. BUSINESS LICENSES & PERMITS 155,600 173,850 18,250 11.73% V. NON-BUS. LICENSES & PERMITS 140,800 175,000 34,200 24.29% VI. INTERGOVERNMENTAL REVENUE 3,787,747 3,827,525 39,778 1.05% VII. GENERAL GOVT. SERVICE CHARGES 32,500 30,650 -1,850 -5.69% VIII. PUBLIC SAFETY SERVICE CHARGES 18,100 19,980 1,880 10.39% IX. RECREATION FEES 843,132 815,438 -27,694 -3.28% X. FINES AND FORFEITURES 112,000 144,000 32,000 28.57% Xl. MISCELLANEOUS REVENUE 286,000 369,000 83,000 29.02% XII. TRANSFERS FROM OTHER FUNDS 100,000 100,000 0 0.00% -------------- -------------- ----------- --------- TOTAL REVENUE BY SOURCE 12,179,204 12,800,414 621,210 5.10% 1995 1996 1996 Percent Budgeted Revenue Increase Increase REVENUE BY FUND: Revenue Estimate -Decrease -Decrease I. GENERAL FUND 11,457,923 11,853,158 395,235 3.45% 11. DEPT REDEMPTION FUNDS 72,116 263,210 191,094 264.98% 111. EDA SPECIAL OPERATING FUND 512,191 546,986 34,795 6.79% IV. HRA SPECIAL OPERATING FUND 136,974 137,060 86 0.06% -------------- -------------- ----------- --------- TOTAL REVENUE BY FUND 12,179,204 12,800,414 621,210 5.10% forwardTOMBREV I ALS 9/7/95 CITY OF BROOKLYN CENTER, MINNESOTA COMBINED ANNUAL OPERATING BUDGET INCLUDING THE GENERAL FUND - DEBT RETIREMENT FUNDS ECONOMIC DEVELOPMENT AUTHORITY FUND HOUSING AND REDEVELOPMENT FUND 1996 PROPOSED SUMMARY OF PROPOSED APPROPRIATIONS AND EXPENDITURES 1994 1995 1996 1996 1996 % Actual Adopted Adopted Increase Increase Expend- Approp- Approp- -Decrease -Decrease itures riations riations From 1995 From 1995 I. GENERAL FUND BY FUNCTION AND ORGANIZATIONAL UNIT A. General Government 1,692,275 1,882,240 1,892,746 10,506 0.56% B. Public Safety 4,409,493 4,882,085 5,154,140 272,055 5.57% C. Public Works 1,230,581 1,560,386 1,548,821 -11,565 -0.74% D. Health & Social Services 41,495 40,860 47,011 6,151 15.05% E. Recreation 2,055,496 2,333,701 2,450,915 117,214 5.02% F. Economic Development 199,982 187,625 228,000 40,375 21.52% G. Unallocated Expenses 312,736 571,026 531,525 -39,501 -6.92% -------------- --------------- --------------- ----------- --------- Total General Fund 9,942,058 11,457,923 11,853,158 395,235 3.45% -------------- --------------- --------------- ----------- --------- 11. DEBT SERVICE FUNDS BY FUND A. 1994 Street Improvement Bond Redemption Fund 300 72,116 105,458 33,342 46.23% B. 1995 Street Improvement Bond Redemption Fund 0 0 50,400 50,400 100.00% ---------- --------- ---------- ---------- ----------- Total Debt Redemption 300 72,116 155,858 83,742 116.12% ---------- --------- ---------- ---------- ----------- 111. E.D.A. & H.R.A. FUNDS Economic Development 1,101,965 649,165 684,046 34,881 5.37% ------------- ------------ ------------ ----------- --------- Total E.D.A. 1,101,965 649,165 684,046 34,881 5.37% ------------- ------------ ------------ ----------- --------- TOTAL APPROPRIATIONS -_-AND EXPENDITURES _ 11,044,323 12,179,204 12,693,062 513,858 4.22% forward\combexpl 9/7/95 q Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION TO ADOPT THE 1996 PRELIMINARY BUDGET WHEREAS, the City of Brooklyn Center is annually required by Charter and state law to adopt an annual budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the appropriations for budgeted funds for the calendar year 1996 shall be: 1. APPROPRIATIONS: GENERAL FUND: Preliminary Unit No. Organizational Unit Amount 111 City Council $107,400 112 Commissions 5,500 113 City Manager's Office 364,177 114 Elections 47,508 115 Assessino, 214,847 is 116 Finance v 182,678 117 Audit 18,900 118 Legal Counsel 199,700 119 Government Buildings 347,688 120 Data Processing 404,348 131 Police Protection 4,124,894 132 Fire Protection 651,896 133 Community Development 338,558 134 Emergency Preparedness 38,792 141 Engineering 362,740 142 Streets Maintenance 1,186,081 152 Social Services 47,011 161 Adult Programs 459,426 162 Teen Programs 24,203 163 Children's Programs 165,190 164 General Programs 120,710 167 Community Center 769,915 169 Parks Maintenance 911,471 170 Convention & Tourism 228,000 180 Unallocated Department 531,525 -------------- TOTAL GENERAL FUND $11,853,158 RESOLUTION NO. STREET IMPROVEMENT BONDS OF 84 DEBT SERVICE FUND $105,458 STREET IMPROVEMENT BONDS OF 85 DEBT SERVICE FUND $50,400 E.D.A. SPECIAL OPERATING FUND $684,046 --------------- TOTAL APPROPRIATIONS FOR BUDGETED FUNDS $12,693,062 2. ESTIMATED REVENUES: General Property Taxes p rty s $6,547,344 Special Assessments 117,627 Sales Taxes on Lodging 480,000 Business Licenses & Permits 173,850 Non-Business Licenses & Permits 175,000 Intergovernmental Revenue 3,827,525 General Government Services Charges 30,650 Public Safety Service Charges 19,980 Recreation Fees 815,438 Fines & Forfeitures 144,000 Miscellaneous Revenue 369,000 Transfers from Other Funds 100,000 TOTAL REVENUE BY SOURCE $12,800,414 Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION U NO. RESOLUTION TO AUTHORIZE A PRELIMINARY TAX LEVY FOR 1996 APPROPRIATIONS FOR THE GENERAL FUND, THE STREET IMPROVEMENT DEBT SERVICE FUNDS, THE E.D.A. FUND, AND THE H.R.A. FUND BUDGETS WHEREAS, The City of Brooklyn Center is annually required by Charter and state law to approve a resolution setting forth an annual tax levy to Hennepin County; and WHEREAS, Minnesota statutes require certification of a proposed tax levy to Hennepin County on or before September 15, 1995. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. There is hereby levied upon all taxable property lying within the City of Brooklyn Center, a proposed tax levy of the following sums for the purpose indicated: GENERAL FUND 6,303,322 STREET IMPROVEMENT DEBT SERVICE-94 69,035 STREET IMPROVEMENT DEBT SERVICE-95 80,000 ECONOMIC DEVELOPMENT AUTHORITY 177,220 HOUSING & REDEVELOPMENT AUTHORITY 123,336 $6,752,913 2. The City Clerk shall cause a copy of this resolution to be certified to Hennepin County so that said sum shall be spread upon the tax rolls and will be payable in the year 1996. Date Mayor ATTEST: Deputy 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 p n said resolution was declared duly passed and adopted. prelimlv\restxlvl Member introduced the following resolution and / M moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1996 WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, the City Council has received a resolution from the Housing and Redevelopment Authority of the City of Brooklyn Center entitled a "Resolution Establishing the Preliminary Tax Levy for the Brooklyn Center Housing and Redevelopment Authority; and WHEREAS, Minnesota statutes currently require certification of a preliminary tax levy to the Hennepin County Auditor on or before September 15, 1995 and a final tax levy on or before December 28, 1995; and WHEREAS, the City Council, pursuant to the provisions of MSA 469.033, Subdivision 6, ,must by resolution consent to the preliminary tax levy of the Housing and Redevelopment Authority of the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that a special tax be levied upon all real and personal property within the City of Brooklyn Center at the rate of 0.0144% of taxable market value of all taxable property, real and personal, situated within the corporate limits of the City of Brooklyn Center, Minnesota and not exempted by the Constitution of the State of Minnesota or the valid laws of the State of Minnesota. BE IT FURTHER RESOLVED that the said property tax levy be used for the operation of the Brooklyn Center housing and Redevelopment Authority pursuant to the provision of MSA 469.001 through 469.047. Date Mayor ATTEST: Deputy Clerk 0 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. Council Meeting Date 9/11/95 3 City f Brooklyn Center Agenda Item Number� t/ • Request For Council Consideration Item Description: Set Dates for Truth in Taxation Public Hearings Department Approval: L,cv� Charlie Hansen, Financ irector Manager's Review/Recommendation: No comments to supplement this report Comments below/attached Recommended City Council Action: Pass a motion selecting dates for Truth in Taxation Public Hearings and a December regular City Council Meeting. g Summary Explanation: (supporting documentation attached ) • The Truth in Taxation legislation requires the City to select dates for public hearings on the budget and the property taxes to be levied. There is to be an original hearing at which the public may comment on the budget. There is also to be a reconvened hearing on a later date in case the original hearing isn't sufficient to take all public comment. The reconvened hearing must be at least five business days, but no more than fourteen business days after the initial public hearing. Final adoption of the budget and tax levy can't take place at a meeting where public input is taken. Final adoption must take place at a subsequent hearing which would be at least one day after the last public input, but no later than December 28, 1995. A regular City Council meeting could be the time used for final adoption of the budget and tax levy. Hennepin County, special taxing districts, and school districts have already set their hearing dates and they are shaded in gray on the attached calendar. The City may not select any of those dates for hearings at which public input is taken. The Christmas holiday is designated with a diamond symbol. The City Council needs to select dates between November 29 and December 20 for the original hearing and the reconvened hearing. There isn't a date selected yet for a regular City Council meeting in December. A subsequent hearing date for final adoption of the budget also needs to be selected which could be at a regular City Council meeting. In past years, we have had the original public hearing on the first Wednesday of December, the reconvened public hearing on the second Wednesday, and final adoption of the budget and tax levy at a regular City Council meeting on the third Monday of December. This has worked well, but as you • can see from the many open dates on the calendar, it isn't the only possible combination. 1996 Budget Planning Calendar g g NOVEMBER 1995 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4. 5! 6 7 8 1 9 0 11. 12 13 • 14 15 16 17 1$ 19 20 21 22 23 ♦ 24 ♦ 25 26 27 • 28 29 30 DECEMBER 1995 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2<. 3 4 5 6 O 7 8 9 10 11 12 13 O 14 ! 15 16 17 18 19 20 21 22 23 24 25 ♦ 26 27 28 29 30 31 • City Council Meetings ♦ Holiday O Public Hearing on Budget Shaded days between November 29 and December 20 are not available for 1996 budget public hearings. Cwwil Mecting Date 9-11-95 City of Brooklyn Center Ag.&Item Number IV Request For Council Consideration Item Description: PROCESS TO STUDY ORGANIZED COLLECTION Department Approval: Cam Andre, Interim City Manager Manager's Review/Recommendation: No comments to supplement this report Comments below/attached Recommended City Council Action: NO ACTION REQUIRED. • Summary Explanation: (supporting documentation attached ) Attached is a memorandum from the HRG Board and Administrator regarding the process to be used to study organized collection. • 4qk • Crystal MIHRG • New Hope Hennepin Recycling Group • Brooklyn Center 4141 Douglas Drive North, Crystal, MN 55422 (612) 531-1000; Fax 531-1188 MEMORANDUM DATE: August 28, 1995 TO: Mayors and Councils - Crystal, New Hope, Brooklyn Ctr. FROM: HRG Hennepin Recycling Group Board & Administrator SUBJECT: PROCESS TO STUDY ORGANIZED COLLECTION On February 22 , 1995, a joint session of the Councils of the HRG member cities was held at the Crystal Community Center. The purpose was to discuss the issue of "Organized Collection" . Several issues were identified (see Discussion Paper attached) Wednesday May 24, 1995 the three city councils held a joint Public Hearing at the Crystal Community Center to gather public input. That hearing was poorly attended by the public, but testimony was recorded. Since that Public Hearing, all three cities have adopted Resolutions of Intent to Study Organized Collection. At the time of the joint session and public hearing, it was suggested that a study would likely require the creation of a Task Force that would be responsible for the review of all of the issues and make recommendation to HRG and the City Councils. Since the hearing the HRG Board and staff have had discussions on how that Task Force could be developed. There is much concern about the size of such a group and the staff time it would take to facilitate. It would appear that, even with just two resident representatives and one elected representative from each of the three cities (9 total) ; one representative from each of the nine haulers, who by law must be included in the study (9) ; the HRG Board representative, and support HRG staff for the group there would be a minimum of 20-21 participants. Experience says that is too large a group to get the "task" done effectively. Alternatives were reviewed by the HRG Board, looking at how other agencies have approached this process. The time demand to staff such a task force was estimated to far exceed what time the HRG administrator would have available in addition to her existing tasks. Internships were evaluated but because of the complexity of the issues at hand, and the time it would take an intern to become familiar with the cities and system, that option was dropped. Hiring of a consultant, knowledgable of this issue, to work with the HRG administrator, appears to be the option that will best meet our needs and get the job done. After- review of qualified persons available to step into this process, who have the necessary skills, expertise and broad knowledge of the issues, the HRG Board has voted to work with Kathie Doty of the firm of Richardson, Richter & Associates, a firm that has worked extensively in the field of solid waste management throughout the region and State. They not only understand the issues, but are fully aware of the laws and legislation that must be followed if "organizing" is to take place. The proposal allows the HRG cities and their Councils to move through the process in stages, with STOP points along the way for a re-visiting of the intentions of the group. Costs will be based on the stages or steps, and the process will not proceed to another level without authorization of the HRG Board. Each manager will be working with the HRG Administrator in setting up a schedule for the work sessions. The first stage will involve meeting with the Councils as a group and reviewing the different systems and options; evaluating the results of the surveys done in Crystal and New Hope; and identifying the motives and goals of the majority of the council members. Because the decisions made during this process, could have a significant impact on the residents of the community, it is best that a majority of all policy makers are convinced and committed to following through with each phase or step of this process, prior to spending more time and money. We would like to avoid if possible what has happened in other cities who have spent many thousands of dollars, just to have a bound report sitting on a shelf, with no council action. The next HRG Board meeting will be Thursday September 28. If you have questions about the direction this study is going the process that is proposed, please contact your Manager or the HRG Administrator Marilynn Corcoran at 493-8006. 1:WI 4NYTl.fC1GLEtMSIt[T0f.1C0UYCZ.Y FY DISCUSSION PAPER JOINT THREE-CITY COUNCIL WORK SESSION FEBRUARY 22, 1995 6:00 P.M. CRYSTAL COMMUNITY CENTER Attendees: CRYSTAL NEW HOPE BR. CTR. Jerry Dulgar Dan Donahue Jerry Splinter Gary Joselyn Gerry Otten Myrna Kragness Pete Meintsma Terri Wehling Garry Grimes W. Peter Enck Pauline Langsdorf Dave Anderson Tom Krueger Beth Jarvis - EQC/Crystal Marilynn Corcoran - HRG Adm. CONCERNS/ISSUES RAISED: • Multiple trucks: with several licensed haulers eligible to collect from any resident in a zone, there multiples of trucks traveling over the streets on a given collection day, increasing the wear on streets (suggested ratio of 1650 automobiles to 1 garbage truck). • Public Safety: increased risk to residents and neighborhoods because of the multiple truck trips • Environmental negatives: unnecessary use of fuel; truck emissions; more potential for spills and contamination. • Councils/public concern: with new street repair and replacement projects being completed, at a significant cost to the taxpayer, would the residents be more agreeable to an organized system now that would reduce the number of collection vehicles, then when the survey was taken in 1992? The council members present were of consensus that there was sufficient interest in further review of this issue but there are questions that need answers prior to proceeding with the "Organized Collection" process, and directed Marilynn and the HRG Board to research the following: 1) Does each city need to adopt the "Resolution of Intent", or is it sufficient for the HRG Board to act on behalf of the three cities? Per David Kennedy of all three cities would have to take separate action to S adopt the "Resolution of Intent". The statute says "cities, townships, etc." X� and HRG is a joint powers board "arm" of the cities. This process should move forward before any additional discussion or research is undertaken. 2) Should another survey be undertaken to identify public opinion? Will it be different than the 1992 survey? 3) What happens to the HRG unit if one or more of the member cities do not favor adopting the "Resolution of Intent" and a organized system? 4) What would the impact be on city hall staff, and how would such a program be administered? Attached are examples/samples of the "Resolution of Intent"; Resolution calling for a Public Hearing; and legal Public Hearing notice for publication. 1:\OP MAINT\RECYCLE\WPFILES\HRG\JOINT.1 COMMENTS: • There may be a lower cost with fewer haulers; would not support a one- hauler bid type system; would not support a system that would shut out the small haulers; • Would support a one-hauler concept; is concerned about the excessive wear and tear on streets; maybe we could get a good price with a large bid/RFP • In favor of an organized system; questioned homeowners right to choice. • Concerned about the residents seeming desire to choose their hauler, and their dislike forjust being assigned a hauler. • Residents do not like or want change. • The response received to the 1992 survey may have been a result more of how the questions were presented. The results may be different if questions are posed different. Maybe we should do another survey or at least reask some of the questions before we made a decision. • If the system is organized, the billing for garbage service should remain the responsibility of the hauler and not go through City Hall; adding garbage service to the utility bill would add cost to each city. • If cities took responsibility for the billing, they would likely have to go to a monthly billing cycle because the total dollar amount would be too high for a bi-monthly or quarterly billing. INFORMATION HANDOUT PUBLIC HEARING ORGANIZED COLLECTION WEDNESDAY MAY 24, 1995 7:00 TO 9:00 P.M. CRYSTAL COMMUNITY CENTER WHAT IS "ORGAN=COLLECTION"? Organized Collection is a system for collecting solid waste, where a County or Municipality by ordinance, franchise, license or negotiated or bidded contract, may use one or more collector companies to provide collection within their jurisdiction. By law, organizing collection service can only be done after a public hearing has been held with the citizens of that jurisdiction, and the haulers that are presently serving that jurisdiction. Then, if the jurisdiction wants to continue to organize, meetings must be held with the haulers that would be affected in effort to reach a mutual agreement on the organized system to be implemented. This can take up to 180 days, if necessary. In an organized system, the resident/household is assigned a hauler according to selected organized system. Every ousehold in that block, area, or possibly city would have the same hauler. There could be service volume choices, and ypically the charge for service becomes a part of the utility bill. The resident can not change haulers at will, and every household is included in the collection system. WHAT IS "OPEN COLLECTION"? Open collection is a system where any hauler may apply for a license to provide service within a community and may solicit customers from anywhere within that city. The City is involved only in the licensing process and can, through that license make certain requirements such as volume based fees, but does not get involved in the routes, rates or collection, or resident choice. In some cities, each haulers is required to provide both garbage and recycling service to their customers. WHAT IS OPEN-CUSTOMIZED COLLECTION? The system that is in place in the cities of Brooklyn Center, New Hope and Crystal is defined as an "open-customized system". All haulers must be licensed by each of the cities, but each resident has the choice of any one of those licensed haulers. The "HRG" cities did organize to the extent that the cities divided into day-zones, and all collection must take place within that zone on the same day. Cities also require that all haulers provide at least two levels of service that residents may select, based on the volume of waste they generate. It is this zoned and volume of service system that makes it a "customized" system. Residents still contract directly with the hauler of choice, and pay their hauler for that service and the resident can change haulers at will, as long as that hauler is licensed. Recycling is collected same day as garbage by a separate contract hauler. HISTORY: Organized Collection was studied by the HRG cities back in 1988. The HRG cities started the process of totally organizing collection but it was stopped by a legal challenge. The recycling program was implemented under one single contract, but garbage collection remained an open system. In 1992 HRG conducted a resident telephone survey seeking public input on a variety of waste management related issues. At that time, 67% of the residents polled did not wsupport a change in the present system. This issue is again raised because of concerns and resident comments for street ear and tear; safety; cost of service etc. CONCERNSASSUES - OPEN/OPEN CUSTOM=: Truck Traffic - Street Wear and Tear: With several licensed haulers collecting, even if contained within a specific zone, there may be many trucks traveling each residential street, collecting from their customer each collection day. With six licensed haulers, there could potentially be 6 garbage, 6 yard waste and one recycling truck or, or 13 trucks on collection day. * Public Safely: Increased risk to residents and neighborhoods due to the high number of truck trips. * Environmental Negatives: Unnecessary use of fuel; truck emissions; increased chance spills, litter, noise. * Cost-Open: An open system allows competition between haulers for customers which can result in lower costs and creative service options. Cost - Customized: The customized system still allows open competition between haulers and does not dramatically affect the cost of service, but it does concentrate collection routes and set perimeters for service. Cost - Organized: An organized system, if the routes were more controlled and concentrated, with a contract either bid or negotiated that set cost of service and service level, could result in a lower and consistant service fee that would be uniform for all residents. It could also include recycling service in the overall contract which could also impact the possible savings factor. MUNICIPAL EXAMPLES OF ORGANIZED SYSTEMS: 0 City of Minneapolis 1/2 Group of Haulers/Consortium-112 Municipal Crews Blaine Sgl.Contract BFI Robbinsdale Sgl. Contract Wst.Mgt. Columbia Heights Sgl. Contract BFI Champlin Group of Haulers/Consortium Elk River Group of Haulers/Consortium St. Louis Park Sgl. Contract BFI Hopkins Municipal Crews/Residential In all examples, cost for garbage and recycling service is included on the utility bill. There is volume service available. MUNICIPAL EXAMPLES OF OPEN-CUSTOMI= SYSTEMS: Brooklyn Center 6 licensed haulers-zoned-volume service New Hope 6 licensed haulers-zoned-volume service Crystal 9 licensed haulers-zoned-volume service Brooklyn Park 11 licensed haulers-zoned-volume service Plymouth Licensed-zoned-volume service Minnetonka Licensed-zoned-volume service Golden Valley Licensed-zoned-volume service Roseville Licensed-zoned-volume service In all examples, cost for garbage service is billed directly to customer by hauler of choice. Recycling collection service cost is billed to each household by their city and included on the utility bill. i:\OP-MAINT\RECYCLE\WPFiLES\HRG\OCINFO.SHT NOTIFICATION LIST --- LICENSED RESIDENTIAL HAULERS BROOKLYN CENTER K & S SANITATION 24 Crossing Drive Circle Pines, Mn 55014 785-2125 NASH & SONS 2301 93rd Way Brooklyn Park, MN 55441 493-3921 T & L SANITATION P.O. Box 49695 Blaine, MN 55449 560-3610 WASTE MANAGEMENT-BLAINE 10050 Naples Street NW Blaine, MN 55434 784-8349 WOODLAKE BFI 9813 Flying Cloud Drive Eden Prairie, MN 55304 941-5174 CRYSTAL A & E RUBBISH 18610 Excelsior Blvd. Minnetonka, MN 55345 474-4295 MICHAEL P. HALL 3119 150th Lane NW Andover, MN 55304 421-4915 K & S SANITATION 24 Crossing Drive Circle Pines, Mn 55014 785-2125 RANDY'S SANITATION 4351 Highway 12 SE Delano, MN 55328 479-3335 T & 1 SANITATION P.O. BOX 49695 Blaine, MN 55449 560-3610 WALZ BROTHERS 17 3rd. Ave. N.E. Osseo, MN 55369 493-3474 WASTE MANAGEMENT-BLAINE 10050 Naples St. NW Blaine, MN 55434 784-8349 WASTE TECHNOLOGY (WTI) 5653 Hampshire Ave. No. Crystal, MN 55428 537-3333 WOODLAKE-BFI 9813 Flying Cloud Drive Eden Prairie, MN 55304 941-5174 NEW HOPE K & S SANITATION 24 Crossing Drive Circle Pines, MN 55014 785-2125 RANDYS SANITATION 4351 Highway 12 SE Delano, MN 55328 479-3335 WASTE MANAGEMENT-BLAINE 10050 Naples Street NW Blaine, MN 55434 784-8349 WASTE TECHNOLOGY (WTI) 5653 Hampshire Ave. N. Crystal, MN 55428 537-3333 WOODLAKE-BFI 9813 Flying Cloud Drive Eden Prairie, MN 55304 941-5174 1:\OP MAINTIRECYCLE\WPFILES\HRG\HAULER.LIS i i May 24, 1995 1376 Pursuant to due call and notice given in the manner prescribed by f Section 3 . 01 of the City Charter, the Special Council Meeting of ( the Crystal City Council was held on Mav 24, 1995, 7 : 00 p.m. , at 4800 Douglas Drive, Crystal, Minnesota. The following councilmembers were present : Anderson, Grimes, i Herbes, Joselyn, Krueger, Langsdorf, Meintsma. Also in attendance were the following staff members : Jerry Dulgar, City t Manager; Marilyn Corcoran, HRG Coordinator; Darlene George, City Clerk. 1 . It being 7 : 00 p.m. , or as soon thereafter as the matter may be heard, Mayor Meintsma declared this was the date and time as advertised for a public hearing at which time the city councils of Brooklyn Center, Crystal and New Hope will jointly consider organized solid waste collection. Crystal Mayor Meintsma presided over the public hearing and asked those present to voice their opinions or to ask questions i concerning this matter. Those present and heard were : lip Brian Hinton, 4364 Douglas Drive, Crystal Howard Olson, 3148 Utah Avenue North, Crystal Dave Luebke, 3206 Florida Avenue North, Crystal f Bill Leonard, 5926 Hampshire Avenue North, Crystal Michael P . Hall, Hauler 1 Tom Moline, Woodland/BFI, Hauler Rov Haake, Waste Management Blaine, Hauler j A memo was received on May 24, 1995 from Janice R. Scofield, 3656 Colorado Avenue North, Crystal . i Mayor Meintsma closed the Public Hearing. i I! Moved by Brooklyn Center Mayor Kragness and seconded by iCrystal Councilmember Langsdorf to adjourn the meeting. Motion Carried. Meeting adjourned at 7 : 45 p.m. Peter E . MeinLs _ r . ATTEST: i I Darlene George, City C1 k w j i i i l Council Meeting Date 9/11/95 3 City of Brooklyn Center Agenda Item Number Request For Council Consideration • Item Description: Resolution Requesting Mn/DOT for a Limited Use Permit to Allow Construction of a Bicycle/Pedestrian Trail on Mn/DOT Right of Way Department Approval: t e Spector, Direct Public Services Manager's Review/Recommendation: No comments to supplement this report Comments below/attached Recommended City Council Action: Consider a resolution requesting Mn/DOT for a limited use permit for construction of a bicycle/pedestrian trail on Mn/DOT right of way. • Summary Explanation: (supporting documentation attached Yes ) In finalizing the plans for the pond and park located next to the park and ride currently under construction, it was determined that a :small portion of the bicycle/pedestrian trail was to be located on Mn/DOT I694 right of way. Because of tight grading considerations, it was not possible to relocate the trail so that it was entirely on City-owned property. Mn/DOT's agreements section has provided to us a Limited Use Permit agreement, which would enable the City to use a portion of the highway right of way for the trail. In essence, the permit forbids advertising or commercial activities on this section of the trail; requires the City to provide all maintenance associated with the trail; notes that the trail use is subordinate to the highway use; and releases the state from any liability associated with the trail. The procedure is this: the City Council requests Mn/DOT for the limited use permit; the Mn/DOT metro division engineer reviews the permit and makes a recommendation to the commissioner of transportation; and the commissioner of transportation makes the final approval. A resolution is provided for Council consideration. • KENNEDY & GRAVEN CHARTERED Attorneys at Law 470 Pillsbury Center,Minneapolis,Minnesota 55402 AdKOBERT A.ALSOP (612)337-9300 JAMFS J.THOMSON,JR. NALD H.BATTY LARRY M.WERTHEIM '41111111115TEPHEN J.BLBUL Facsimile(612)337-9310 BONNIE L.WILKINS JOHN B.DEAN JOE Y.YANG DANIEL J.GREENSWEIG CORRINE A.HEINE DAVID L.GRAVEN(1929.1991) DAVID J.KENNEDY CHARLES L.LEFEVERE WRITER'S DIRECT DIAL OF COUNSEL ROBERT C.CARLSON ROBERT T JOHN C LON J.LINDAE,JR. (612)337-9215 ROBERT L.DAVIDSON WELLINGTON H.LAW ROBERT C.LONG G JAMES M.STROMMEN T.JAY SALMEN September 6, 1995 Diane Spector Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Limited Use Permit with MnIDOT for BicyclelPedestrian Trail Dear Diane: I have reviewed the proposed agreement with Mn/DOT related to the bicycle/pedestrian trail at the pond near the park and ride facility. These is nothing illegal about the agreement. However, paragraphs 14, 15 and 16 require the city to indemnify and hold the state harmless for a number of different kinds of claims. This is not an unreasonable request for Mn/DOT to make. However, as you know, the city is ordinarily protected by the limitations on its tort liability by Minnesota Statutes, Chapter 466. The city has secured its insurance on the basis of that statutory protection. That is, the city has secured insurance in the amount of $600,000 which is the maximum liability to which the city would ordinarily be exposed under Minnesota Statutes, Chapter 466. The problem with an agreement to indemnify such as that which is proposed by the state in this agreement is that the courts may interpret an agreement to indemnify which does not specify any limits on that obligation to be a waiver of the statutory rotection afforded b Chapter 466. See, P Y P eg. Kelley v. Cit of St. Paul 1979 285 N.W.2d 671. If the city's r t s a Bement t � v (Minn. )� y g o indemnify the state is interpreted to be a waiver of the protection afforded by Charter 466, the city will be exposed to uninsured liability. Therefore, I would suggest that the contract be amended to add language which negates the inference that the agreement to indemnify is a waiver of the statutory limitations on liability. I would recommend that a new paragraph be added to the agreement which states: Nothing herein shall be deemed a waiver by the Applicant of the limitations on liability set forth in Minnesota Statutes, Chapter 466, and the Applicant's L93-7' BR291-i0 Diane Spector September 6, 1995 Page 2 obligation to indemnify and hold the State, the Commissioner of Transportation and employees harmless shall be limited to the limits on liability set forth therein less any amounts which the Applicant is obligated to pay on account of liability of the Applicant, its officers, agents or employees. Please let me know if you have any further questions. Very truly yours, Charles L. LeFevere CLL:ckr CL-9387' BR" 4-1-10 �o Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REQUESTING MN/DOT FOR A LIMITED USE PERMIT TO ALLOW CONSTRUCTION OF A BICYCLE/PEDESTRIAN TRAIL ON MN/DOT RIGHT OF WAY WHEREAS, the City of Brooklyn Center desires to construct a bicycle/pedestrian trail in association with the new City storm water detention pond and park located in the southwest quadrant of I-94 and Brooklyn Boulevard; and WHEREAS, a portion of said trail would be located on land owned by Mn/DOT and used as interstate right of way; and WHEREAS, Minnesota Statutes Sec. 161.434 provides the Commissioner of Transportation with the authority to approve the use of right of way lands for certain purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The City of Brooklyn Center hereby requests the Commissioner of Transportation to approve a Limited Use Permit providing for the purpose of constructing, maintaining, and operating a bicycle/pedestrian trail within Mn/DOT right of way in the southwest quadrant of I-94 and Brooklyn Boulevard. 2. The Mayor and City Manager are hereby authorized to execute S. P. 2786 (94=393) 901 on behalf of the City of Brooklyn Center. Date Mayor ATTEST: Deputy 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. S.P. 2786 (94=393) 901 City of Brooklyn Center (uennepin County) Bicycle/Pedestrian Trail SW Ouadrant of I-94 & County STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT In accordance with Minnesota Statutes Sec. 161.434, a Limited Use Permit is granted to the City of Brooklyn Center, hereinafter referred to as the "Applicant", for the purpose of constructing, maintaining, and operating a Bicycle/Pedestrian Trail within the State of Minnesota Department of Transportation's, hereinafter referred to as the "State" or the "Minnesota Department of Transportation", right of way as shown in red on Exhibit "A" which is attached and incorporated as a part of this permit. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. The construction, maintenance, and operation of the Bicycle/Pedestrian Trail will be at no expense to the Minnesota Department of Transportation. 2. Before construction of any kind, the plans and specifications for such construction shall be approved by the Minnesota Department of Transportation, through the Division Engineer of the Metro Division. 3 . No advertising devices in any form or size shall be constructed, placed or permitted to be constructed or placed upon the State's right of way. 4 . No commercial activities shall be allowed on State's right of way. S. All maintenance of the Bicycle/Pedestrian Trail shall be provided by the Applicant; this includes the installation and removal of regulatory signs, and the enforcement relating to the safe and proper utilization of the Bicycle/Pedestrian Trail. 6. This permit is non-exclusive and is granted subject to the rights of others, including, but not 'Limited to public utilities which may occupy the State's right of way. 7. The Applicant will preserve and protect all utilities located on the lands covered by this permit at no expense to the Minnesota Department of Transportation. 8. The Applicant shall construct the Bicycle/Pedestrian Trail at the location shown on the attached Exhibit "A" subject to verification by the Minnesota Department of Transportation's Division Engineer of the Metro Division that the construction geometrics and procedures are compatible with the safe and efficient operation of the highway facility. 1 4. S.P. 2786 (94=393) 901 City of Brooklyn Center (H nn nin County) Bicycle/Pedestrian Trail SW Ouadrant of I-94 & County #152 9. The Applicant shall notify the Roadway Regulations Supervisor, Bill Warden, at (612) 582-1443, seven (7) days prior to starting of its operations. 10. The Applicant upon completion of the construction shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. The applicant shall not do any excavating or filling which would alter or impede drainage at the subject site. 11. This permit does not release the Applicant from any liability or obligation imposed by Federal Law, Minnesota Statutes, local ordinances, or other agencies relating thereto and any necessary permits relating thereto shall be obtained by the Applicant. 12. Any use permitted by this permit shall remain subordinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4 (f) of the Federal- Aid Highway Act of 1968. 13. This permit shall be subject to cancellation and termination by the Minnesota Department of Transportation for any other highway or transportation purposes, by giving the Applicant 60 days written notice of such action. Upon cancellation, any relocation of the Bicycle/Pedestrian Trail will be performed by the Applicant at the sole expense of the Applicant. 14. The Applicant will hold harmless and indemnify the State, its Commissioner of Transportation and employees from liability claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the Applicant's operations or its successors and assigns from the Applicant's use of the portion of highway right of way over which this permit is granted. 15. The Applicant will hold "harmless and indemnify the State, its Commissioner of Transportation and employees from claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from any and all public use of the Bicycle/ Pedestrian Trail. - 16. The Applicant will 'hold harmless and indemnify the State, its Commissioner of Transportation and employees from claims resulting from temporary or permanent changes in drainage patterns resulting in flood damage. 2 City of Brooklyn Center (Henn Bin County) Bicycle/Pedestrian `-rail SW Quadrant of T-.24 & Co ur y iii S2 17. The Applicant shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Applicant shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Applicant. 18. The Applicant (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them) , covenants that no laborers' , mechanics' , or materialmen' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto; agrees to indemnify and hold harmless the State from all such liens and claims. 19. The term of this permit shall be ten years from the date it is executed. 3 S�P 2IOrL f 94=393 4,j i - City of Brooklyn Cent..r (H nneoin County) Bicycle/Pedestrian Trail SW Ouadrant of I-94 & o unt ,y #152 0 RECOMMENDED FOR APPROVAL CITY OF BROOKLYN CENTER By: By: Metro Division Engineer Date Date APPROVED BY: By: COMMISSIONER OF TRANSPORTATION Date DEPARTMENT OF TRANSPORTATION BLDG. ST. PAUL, MINNESOTA 55155 By: Director, Office of Right of Way and Surveys 0- The Commissioner of Transportation, by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. Y .-.- SA yam.»• �� _. _ . __.._._.._... ._ i. 1 "; r I ! \ --1 G\V\W\•t ` =L \ '`` `• � \ '\\ I LOT I a I I t ' , f 71 9E Lo I - -- - - - -- - - - -- N-- --- -- 2786 (94- \ \ -3931 90 1 � N 0 R T ATL ---- fly_✓IN ER I y COnst CO. In�'�°_ _.i 5OT — - B�K�i.TRAICRT -I NE T.H Ord ,Q00 — -_-� 'S Schrim f I ! 13,725 1400 12, 3 I i 13 725 i !100 625