HomeMy WebLinkAbout1993 06-21 CCP Work Session r
COUNCIL /EDA WORK SESSION
JUNE 21, 1993
1. Call to Order: 7:00 P.M.
2. Roll Call
3. Discussion Items:
a. Brooklyn Boulevard Phase II Study:
- a consultant recommendation
b. Business Retention /Job Expansion Program
C. Brooklyn Center Redevelopment Policy
d. Program /Cost Center Budgeting
e. Brookdale Task Force
4. Other Business of Interest to the Council /EDA
a. Authorizing the Investment Trust Fund to Loan Money to the Earle
Brown Heritage Center
b. Authorizing a Lease Purchase Agreement for the Earle Brown
Heritage Center
C. Authorizing the Capital Outlays for the Earle Brown Heritage
Center
5. Adjournment
CITY OF BROOKLYN CENTER Council Meeting Date June 21.1993
Agenda Item Numbe
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
BROOKLYN BOULEVARD PHASE II STUDY
DEPT. APPROVAL:
7
Brad Hoffman, Director of Community Development
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MANAGER'S REVIEW/RECON ENDATION:
No comments to supplement this report Comments below /attached
******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
• SAY EXPLANATION: (supplemental sheets attached )
At the June 21 work session, I would like to take the opportunity to introduce BRW to the
Council /EDA. It is the staff recommendation that BRW be selected as the consultant /planner to
develop the Brooklyn Boulevard streetscape.
As you are aware, Brooklyn Center solicited proposals for the streetscape plan. We received three
proposals and interviewed all three on Thursday, June 10, 1993. Proposals were received from
Westwood Planning; Dahlgren, Shardlow and Uban, Inc. (DSU); and BRW. Each proposal had
its own strengths that were considered as well as weaknesses. Westwood was strong on the
planning /landscape side, but was weak in the essential area of the ISTEA application. The ISTEA
grant is a significant and timely opportunity to get the redevelopment of Brooklyn Boulevard off
the ground. It was our assessment that we need strong leadership in this area. DSU and BRW
were both very strong in this area.
DSU, while strong in the ISTEA application process because of their affiliation with SRF, was
weak in the planning /landscape aspect. DSU is a small office and our concern with them is the
continuity over the years, i.e., will DSU even continue to exist? Also, given the short time
constraints, can they dedicate their personnel to assure a timely completion? It was our
observation that this could prove to be a problem. DSU and Westwood also seemed weak in the
area of ordinance development. Part of the RFP was to assist us with the development of an
. overlay ordinance to help achieve the goals set forth in the Brooklyn Boulevard Plan.
BRW is a strong, nationally known firm whose strong suit is transportation and urban design.
While they are the most expensive of the proposals, we feel that overall BRW is best suited to
address our needs. Currently, they are undertaking a a very similar project in Bloomington. The
firm is large enough to dedicate a staff to the project with enormous backup resources. We feel
that BRW will help Brooklyn Center develop the character we desire for Brooklyn Boulevard and
will be around to help us complete the work over the years. The cost difference is very little when
you consider the total cost of the development (millions of dollars), the length of time the
community must live with the project, and the importance of the ISTEA application.
The cost of each of the three proposals is shown below:
Westwood $33,500
Dahlgren, Shardlow and Uban $32,870
BRW $47,860
At the work session on Monday, the Council will have an opportunity to talk with BRW in an
informal setting prior to their proposal being submitted to them at a Council meeting for approval.
They will make a short presentation and then be available to answer your questions or gather
additional information for you prior to the Council meeting on June 28.
s
•
CITY OF BROOKLYN CENTER Council Meeting Date June 21, 1993
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
BUSINESS RETENTION /JOB EXPANSION UPDATE
DEPT. APPROVAL:
Brad Hoffman, Community Development Director
A* * 4 ** * * * * * * * * * * * * * **
MANAGER'S REVIEW/RECONEMENDATION:
No comments to supplement this report Comments below /attached
SUNS ,RY EXPLANATION: (supplemental sheets attached )Les
*At the March 22, 1993 Council meeting, a number of questions were raised about the City's,Business
Retention /Job Expansion Program funded with CDBG monies. Specifically, the Council inquired as to
the ownership of the data collected by CRP, as well as their desire for a copy of the CRP budget. In
addition, the Human Rights Commission is to hold a public hearing on the program.
Attached are copies of the joint powers agreement, minutes of the March 22, 1993 Council meeting, a
memorandum from Don Poss on data information ownership, the 1992/1993 budget, the RDC agreement
with Community Resource Partnership and our grant agreement with DIED.
At our Monday work session, I would like to discuss the program with the EDA and get clarification from
them as to the future of this program. Further, does the Council /EDA want the Human Rights
Commission to hold a public hearing on an economic development issue or perhaps the Housing
Commission might be better suited. In the past, the Housing Commission has served this function.
•
CONFIDENTIAL MEMORANDUM
To: North Metro Business Retention and Development Commission (RDC)
Members
From Mr. Don Poss
President - RDC
Date: April 26, 1993
Subject: Data Information Ownership - Related Issues
Several inquiries have come to my attention regarding the ownership of data base information
complied under our Joint Powers Agreement - Business Retention Project.
The Service Agreement, dated August 24, 1992 by and between RDC and Community
Recourse Partnerships (CRP) sets forth clearly ownership issues with respect to such
questions; namely:
1) CRP shall collect business infonnation through survey interviews and shall
store said information on its computer information data base system Said data
base information shall be the property of the RDC, and shall be shared with the
Minnesota Department of Trade and Economic Development (DTED) as
requested.
2) Each participating member of the RDC shall be entitled to detailed survey
information regarding businesses located within its geographical area, and
general information retained in CRP's data base system.
3) CRP shall have the responsibility, to maintain the project data base information
system in a confidenfial manner, so that privileged business information is
protected from distribution to unauthorized persons or organizations.
Further, all proceeds from the sale of any data base information shall accrue to the benefit of
RDC. All such funds generated shall be payable directly to RDC.
If you have questions please contact me.
North Metro Business Retention And Development Commission
1992 -1995 Budget
3 Year Revenue Projections
July - December 1992
Participating Community Fee: $45,000
Blaine $15,000
Brooklyn Park $15,000
Brooklyn Center $15,000
Department of Trade and Economic Development $50,000
January - December 199'
Community Fee $90,000
Blaine $30,000
Brooklyn Park $30,000
Brooklyn Center $30,000
Department of Trade and Economic Development $50.000"
January - December 1994
Participating Community Fee $90,000
Blaine S30,000
Brooklyn Park $30,000
Brooklyn Center $30,000
Department of Trade and Economic Development $50,000"
January - June 1995
Participating Community Fee $45,000
Blaine $15,000
Brooklyn Park $15,000
Brooklyn Center $15,000
3 YEAR TOTAL REVENUE PROJECTION
Participating Communities $270,000
DTED $150,000*
*Estimated Request - DTED
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North Metro Business Retention And Development Commission
July 1992- June 1993 Budget (12 month budget)
c�
P
Capital Expenditure
p �
Computer /Software 3,500
Operating Expenses `VV
Administration:
Rent 7,800
Phone/Fax 900
Postage 4,200
Supplies 1,925
Printing 700
Messencrer 420
Project Assistant 6,000
Data Base Manager /Analyst 12,000
Project Coordinator 34,41
Fringe Costs: 4,800
FICA/Fed/State Taxes
Interviewers (11): 44,000
Compensation
Training
Data Input 14,500
Promotion/Marketing: 3,600
Newsletter/Brochures,
Production
Contingency 1,240
TOTAL $140,000
COMMISSION IVIEN4BERS
BLAINE
Mr. Don Poss Mr. John Cox
City Manager Economic Development Specialist
9150 Central Avenue Northeast 9150 Central Avenue Northeast
Blaine MN 55434 Blaine, MN 55434
(612)784 -6700 (612)784 -6700
BROOKLYN CE\N I ER_
Mr. Jerry Splinter Mr. Brad Hotfinan
Cit1- 'N/IanaQer EDA Coordinator
6301 Shln_Qle Creel` Park ' 6301 Shingle Creek Park
Brooklvn Center. 55- Brooklyn Center, NLN 55430
(61?) 69 - 3300 (612) 69 - 3300
BROOKLYN PARK:
1\4r. Jim `t'inkels 1\1r. Joe i�IcKasv
Cominuiuty Development Director Economic Dc% Director
5200 85th Avenue North 5200 85th Avenue North
Brooklyn Park_ NVIN 5 3 Brooklyn Park N/fN 5544/
(612)424 -8000 (612)424 -8000
SERVICE AGREEMENT
THIS AGREEMENT made and entered into this 14th day of August, 1992, by and
between North Metro Business Retention and Development Commission (RDC) and
Community Resource Partnerships, Inc. (CRP).
WHEREAS, the cities of Brooklyn Center, Brooklyn Park and Blaine have joined together
to form the RDC, a Joint Powers Organization (see Exhibit A, tab #7 - attached and
made a part of this Agreement by reference), created to jointly and cooperatively focus
resources on data collection and analysis, development of strategic recommendations
and implementation of marketing and promotional programs for the purpose of economic
development, job creation and retention of existing businesses pursuant to Minnesota
Statutes, Chapter 469, and
WHEREAS, the city of Brooklyn Center has been designated to act as the Coordinator
(COORDINATOR) for the multi -city pilot project, and
WHEREAS, RDC hereby awards a contract to CRP, a Minnesota corporation, for
services consistent with its amended proposal (See Exhibit A - attached and made part
of this Agreement by reference), and
WHEREAS, the Minnesota Department of Trade and Economic Development (DTED) has
provided a grant to help fund the pilot project, (See Exhibit B - attached and made a part
of this Agreement by reference) and anticipates that written reports and data base
information will be made available to said agency, and
WHEREAS, RDC recognizes that said pilot project will take a minimum of three. years
to fully complete work plans submitted by CRP and achieve overall project objectives,
and
WHEREAS, RDC unanimously encourages other North Metro cities to join in the pilot
project, and
WHEREAS, RDC encourages all businesses located within the pilot project area to
cooperate with CRP in order to achieve the objectives of the project, and
WHEREAS, RDC encourages local chambers of commerce and the community and
technical colleges to participate fully in the project, and
1
WHEREAS, RDC shall set up a financial accounting system for all funds used in the
project which will be consistent with accepted financial accounting standards, and
WHEREAS, CRP shall keep a separate set of financial records for the project and shall
at all times make same available to RDC or its designee for inspection, and
NOW THEREFORE, in consideration of the mutual promises and obligations of the
parties contained herein, RDC hereby hires CRP to perform the services and functions
contemplated by this agreement, and each of them hereby represent, covenant, and
agree with the other as follows:
ARTICLE I
SCOPE OF SERVICES
CRP shall perform services for RDC consistent with the CRP amended proposal (Exhibit
A - attached and made a part of this Agreement by reference) and the
COORDINATOR'S Request for Proposal (RFP) (See Exhibit C - attached and made a
part of this Agreement by reference).
CRP shall meet with RDC on a monthly basis and report its progress towards
implementing project work plans and achievement of project objectives.
ARTICLE II
TERM OF AGREEMENT
CRP is hereby appointed by RDC to act in the capacity of project manager for a period
of three years, unless terminated at an earlier date under the terms and conditions of
this Agreement. The services described herein shall commence retroactively as of July
1, 1992, and be performed through June 31, 1995, unless such date is extended by
mutual agreement of the parties hereto, or this Agreement is otherwise terminated as
provided herein.
2
ARTICLE III
COMPENSATION
The COORDINATOR on behalf of RDC shall pay CRP a total of $140,000, plus
accumulated interest, if any, for services performed during the first twelve month period
of this Agreement. Said payment shall be made to CRP when it submits a monthly
invoice to the COORDINATOR at the end of each contract month. Contract payments
to CRP shall be made in the following manner: $15,000 in July and August of 1992 and
$10,000 on a monthly basis beginning in August 1992 through June of 1993.
Thereafter, monthly payments shall be determined based on the number of participating
communities and RDC's participating fee structure then in effect.
COORDINATOR shall annually pay CRP the accumulated interest earned on funds that
the COORDINATOR deposits in a money market or like interest bearing account or fund
in addition to the normal monthly compensation amount in the month on March.
The July 1992 payment, referenced above, has been paid directly to CRP by the City
of Brooklyn Park. Thus, the first payment to CRP under the terms and conditions of this
Agreement shall be the August advance payment of $15,000.
ARTICLE IV
DATA BASE INFORMATION
CRP shall collect basic business information through survey interviews and shall store
said information on its computer information data base system. Said data base
information shall be the property of the RDC, and shall be shared with DTED as
requested.
Each participating member of the RDC shall be entitled to detailed survey information
regarding businesses located within its geographical area, and general information
retained in CRP's data base system.
CRP shall have the responsibility to maintain the project data base information system
in a confidential manner, so that privileged business information is protected from
distribution to unauthorized persons or organizations.
3
ARTICLE V
INDEPENDENT CONTRACTOR
It is agreed and understood by the parties hereto that CRP shall at all times be an
independent contractor and not an employee of RDC. CRP hereby assures RDC that
it will operate at all times in compliance with applicable state and federal laws.
ARTICLE VI
TERMINATION OF THIS AGREEMENT
RDC may terminate this Agreement effective June 30th or December 31st of any
calendar year by giving CRP two (2) months written notice that the Agreement will be
terminated as of the end of the calendar year. RDC shall have the right to terminate this
Agreement with or without cause. CRP shall be compensated for all work up to the
termination date, including payment of any interest earned on funds in the
COORDINATOR'S custody.
ARTICLE VII
MODIFICATION
This Agreement may not be modified unless mutually agreed to by the parties hereto.
ARTICLE VIII
ASSIGNABILITY
This Agreement shall not be assignable by either party without the written consent of the
other party.
4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on their
behalf respectively by their proper and authorized persons as of the date first above
written.
North Metro Business Retention and Development Commission (RDC)
Date: C 2 ¢ �-
Don Poss, President
Community Resource Partnerships, Inc.
Date: g z� QZ
' Its
5
JOINT AND COOPERATIVE AGREEMENT
NORTH METRO BUSINESS RETENTION
AND DEVELOPMENT COMMISSION
The parties to this agreement are governmental units of the State of Minnesota. This
agreement is made and entered into pursuant to Minnesota Statutes, 1990, Sections 471.59 and
469.101, sd.5.
ARTICLE I. GENERAL PURPOSE
The general purpose of this agreement is to create an organization by which the parties
may jointly and cooperatively provide for the data collection and analysis, development of
strategic recommendations and implementation of marketing and promotional programs for the
purpose of economic development job creation and retention of existing businesses pursuant to
Minnesota Statutes, Chapter 469.
ARTICLE II, DEFINITIONS
Section 1. For purposes of this agreement the terms defined in this Article have the
meanings given them.
Section 2. "Act" means Minnesota Statutes, 1990, Chapter 469.
Section 3. "Agreement" means this agreement.
Section 4. "Board" means the Board of Directors created by Article III.
Section 5. "Director" means a director or alternate director appointed under Article III of
this agreement.
Section 6. "Governing body" means the City Council or other governing body of a
member.
Section 7. "Governmental unit" means a home rule city, a statutory city, a housing and
redevelopment authority, or an economic development authority.
Section 8. "Member" means a governmental unit which is a party to this agreement and
is in compliance with and in good standing under this agreement.
Section 9. The "North Metro Business Retention and Development Commission" (RDC)
means the organization established by this agreement.
ARTICLE III, MEMBERSHIP
Section 1. Any governmental unit is eligible to be a member of RDC.
Section 2. The initial members of RDC are the cities of Brooklyn Center, Brooklyn Park,
Blaine and the Economic Development Authorities (or housing and redevelopment authority) of
each of such cities.
Section 3. A governmental unit other than initial members desiring to be a member of
RDC may do so by executing and delivering a copy of this agreement and complying with its
terms. The board may approve or disapprove the admission of a governmental unit. Approval
must be by unanimous vote of the Board. The board may impose reasonable conditions on the
admission of members and establish procedures for the removal of a member for cause.
ARTICLE IV. BOARD OF DIRECTORS
Section 1. The governing body of RDC is its Board of Directors. A member's director
shall be the chief administrative officer of the city or his/her designee. A director has one vote.
A member may appoint one alternate director. The alternate director may attend meetings of the
board and may vote in the absence of that member's director.
Section 2. Directors serve until their respective successors are appointed and qualified.
Section 3. A director may be removed from the board at any time, with or without cause,
by resolution of the governing body making the appointment. The resolution removing the
director must be filed with the Secretary - Treasurer.
Section 4. A vacancy on the board is filled in the same manner that the appointment of
a director is made.
Section 5. Directors may not vote by proxy.
Section 6. A director may not vote if the board determines that the member represented
by the director is not in compliance with this agreement or if the director has been removed from
the board.
ARTICLE V. MEETINGS
Section 1. The directors of the initial members must conduct an organizational meeting
no later than 30 days after the effective date of this agreement. At the organizational meeting,
or as soon thereafter as is reasonably possible, the board must elect its officers, and adopt such
by -laws and other procedures governing the conduct of its meetings and its business as it deems
appropriate.
Section 2. The board must conduct an annual meeting at a date and place specified in its
by -laws to elect officers and to undertake such other business as may properly come before it.
The board may provide for a schedule of regular meetings. A regular meeting must be held once
in each calendar quarter in the year 1992 and thereafter as provided by the by -laws.
Section 3. A special meeting of the board may be called by the President or by the
Secretary- Treasurer upon written request of such number of directors as specified by the by -laws.
Notice of a special meeting must be mailed to directors no fewer than five days prior to the
special meeting. Business at special meetings is limited to matters contained in the notice of the
special meeting.
ARTICLE VI OFFICERS: - COMMITTEES
Section 1. The officers of the board are a President and Secretary - Treasurer elected for
a term of one year by the directors at the organization meeting and at the annual meeting. The
board may designate directors to act as officers in the absence of any officer.
Section 2. The President presides at meetings of the board. The Secretary- Treasurer is
responsible for records of proceedings of the board; the funds and financial records of the board,
and such other matters as may be delegated to the Secretary- Treasurer by the board.
Section 3. The President and the Secretary - Treasurer must sign vouchers or orders
disbursing unds of the RDC. Disbursement will be made in the method prescribed law for
b
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statutory cities.
Section 4. The board may in its by -laws provide for and define the duties of such other
officers as it determines necessary from time to time.
Section 5. The board may in its by -laws provide for such committees as it determines
necessary from time to time. A by -law providing for an executive committee and defining the
powers and duties of an executive committee may be adopted only by a favorable vote of all
members of the board.
ARTICLE VII. POWERS AND DUTIES
Section 1. The board may take such actions as it deems necessary and convenient to
accomplish the general purposes of this agreement.
Section 2. The board may:
Y
(a) enter into contracts to carry out its powers and duties;
(b) provide for the prosecution, defense, or other participation in proceedings
at law or in equity in which it may have an interest;
(c) employ such persons as it deems necessary on a part-time, full -time or
consultant basis;
(d) purchase, hold or dispose of real and personal property;
(e) contract for space, commodities or personal services with a member or
group of members;
(f) accept gifts, apply for and use grants or loans of money or other
property from the state, the United States of America, and from other
governmental units and may enter into agreements in connection
therewith and hold, use and dispose of such money or property in
accordance with the terms of the gift, grant, loan or agreement relating
thereto.
(g) collect and analyze data, develop strategic recommendations and
implement marketing programs for the purpose of economic development
and retention of existing businesses within the jurisdiction of areas of
operation of the parties.
ARTICLE VIII FINANCLAL MATTERS
Section 1. The fiscal year of RDC is the calendar year.
Section 2. The board shall adopt an initial budget and must thereafter adopt an annual
budget prior to July 1 of each year. The board will give an opportunity to each member to
comment or object to the proposed budget before adoption. Notice of the adopted budget must
be mailed promptly thereafter to the chief administrative officer of each member. The budget
is deemed approved by each member unless, prior to October 10th of that year a member gives
written notice to the Secretary- Treasurer that the member is withdrawing at the end of the year
as provided in this agreement.
Section 3. Operational costs shall be shared according to a method agreed upon by
unanimous vote of the Board of Directors. This method may include membership dues and fees,
and charges for service to members.
Section 4. Billings to RDC members are due and payable no later then 30 days after
mailing. In the event of a dispute as to the amount of a billing a member must nevertheless
make payment as billed to preserve, membership status. The member may make payment subject
to its right to dispute the bill and exercise any remedies available to it. Failure to pay a billing
within 60 days results in suspension of voting privileges of the member director. Failure to pay
a billing within 120 days is grounds for termination of membership, but RDC's rights to the
billing are not affected by termination of membership.
ARTICLE IX. ADMIMSTRATOR
Section 1. The RDC may appoint an administrator. The administrator may be employed
on a full -time, part-time or consulting basis.
Section 2. The administrator, if appointed, has only those powers and duties delegated by
the board. The administrator reports to and is responsible to the board.
ARTICLE X. WTI'TIDRAWAL
Section 1. A member may withdraw from the RDC no later than 30 days after the
adoption of the budget by vin written notice to the Secr The notice shall be
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accompanied by a certified copy of a resolution adopted by the governing body of that member
authorizing its withdrawal from membership. The withdrawal is effective at the end of the
calendar year in which notice is given.
Section 2. The withdrawal of a member does not affect that member's obligation to pay
fees, charges or contractual charges for which it is obligated under this agreement.
ARTICLE XI DISSOLUTION
Section 1. RDC may be dissolved by a two-thirds vote of RDC members in good
standing. Dissolution is mandatory when the Secretary - Treasurer has received certified copies
of resolutions adopted by the governing bodies of the required number of members requesting
dissolution of the RDC.
Section 2. In the event of a dissolution, the board must determine the measures necessary
to effect the dissolution and must provide for the taking of such measures as promptly as
circumstances permit, subject to the provisions of this agreement and law.
Section 3. In the event of dissolution, following the payment of all outstanding obligations,
assets of the RDC will be distributed among the then existing members in direct proportion to
their cumulative annual membership contributions. If those obligations exceed the assets of the
RDC, the net deficit of the RDC will be charged to and paid by the then existing members in
direct proportion to their cumulative annual membership contributions.
ARTICLE XII. EFFECTIVE DATE; DURATION
Section 1. This agreement continues in effect indefinitely unless terminated in accordance
with its terms. This agreement is accompanied by the member resolution authorizing its
execution is filed by the initial members with City Clerk of the City of Brooklyn Center.
IN WITNESS WHEREOF, the undersigned governmental unit has caused this agreement to be
executed by its duly authorized officers and delivered on its behalf.
Governmental Unit:
B
It i
And
Its C tv Manager
Received and filed by the
City of Brooklyn Center this
day of , 1992.
D
STATE OF MINNESOTA c
DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT o
COMMUNITY DEVELOPMENT DIVISION
Grant Agreement
SPAP -92- 0007- P -FY93
This agreement is made between the State of Minnesota, acting through the
Department of Trade and Economic Development (hereinafter the Grantor) and the
City of Brooklyn Center (hereinafter the Grantee).
Pursuant to Minnesota Laws, 1992, Chapter 513, Article 4, Section 17, Subsection
(2), the Grantor has been allocated funds by the Legislature of the State of
Minnesota for the purpose of conducting the first stage of a four -city business
retention and local market expansion pilot project.
In consideration of mutual promises set forth below, the parties agree as
follows:
The Grantor shall grant to the Grantee the total sum of FIFTY THOUSAND DOLLARS
($50,000), which shall be state funds appropriated by the Legislature of the
State of Minnesota. Funds made available pursuant to the Agreement shall be
used only for project costs in performing and accomplishing such purposes as
described herein by Minnesota Laws, 1992, Chapter 513, Article 4, Section 17,
Subsection (2) and the project proposal which is incorporated by reference.
Accounting
For all expenditures of funds made pursuant to this agreement, the Grantee shall
keep financial records including properly executed contracts, invoices, and
other documents sufficient to evidence in proper detail the nature and propriety
of the expenditures.
Payment
Grantor shall disburse the entire grant to the Grantee, pursuant to this
agreement based upon a request for payment submitted by the Grantee and reviewed
and approved by the Grantor.
Term
The Grantee shall perform and accomplish such purposes and activities specified
herein during the period of July 1, 1992 to June 30, 1993.
Reporting
Grantee shall submit to the Grantor a report on the distribution of funds and
the progress of the project pursuant to Minnesota Laws, 1992, Chapter 513,
Article 4, Section 17 (2) no later than July 15 of each year. The report shall
identify specific project goals listed in the project proposal and
quantitatively and qualitatively measure the progress of such goals. The report
shall include data collected by the project for use by the Department of Trade
and Economic Development.
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Provisions for Contracts and Subgrants
The Grantee shall include in any contract and subgrant, in addition to
provisions that define a sound and complete agreement, such provisions that also
assure contractor and subgrantee compliance with applicable state and federal
laws.
Termination Clause
If the Grantor finds that there has been a failure to comply with the provisions
of this agreement, that reasonable progress has not been made, or that the
purposes for which the funds were granted have not been or will not be
fulfilled, notwithstanding any other provisions of this agreement to the
contrary, the Grantor may take action to protect the interests of the State of
Minnesota, including the refusal to disburse additional funds and requiring the
return of all or part of funds already disbursed.
Affirmative Action
A municipality that receives State money for any reason is encouraged to prepare
and implement an affirmative action plan for the employment of minority persons,
women, and the disabled and submit the plan to the Commissioner of Human Rights.
Audit and Inspection
Accounts and records related to the funds provided under this agreement shall be
accessible to authorized representatives of the Grantor for the purposes of
examination and audit. In addition, Grantee, subgrantee and contractors will
give the State of Minnesota, Department of Trade and Economic Development,
Legislative Auditor and State Auditor's Office, through any authorized
representatives, access to and the right to examine all records, books, papers,
or documents related to the grant for inspection and audit.
Amendments
Any amendments to this agreement shall be in writing, and shall be executed by
either the same parties who executed the original agreement, their successors in
office, or by those parties authorized by the Grantee through a formal
resolution of its governing body.
Antitrust
The Grantee and Subgrantees hereby assign to the State of Minnesota any and all
claims for overcharges for goods and /or services provided in connection with
this contract resulting from antitrust violations which arise under the
antitrust laws of the United States and the antitrust laws of the State of
Minnesota.
Successors and Assignees
This agreement shall be binding upon any successors or assignees of the parties.
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Notice to Grantee
You are required by Minnesota Statutes, Section 270.66, to provide your
Minnesota tax identification number if you do business with the State of
Minnesota. This information may be used in the enforcement of federal and
state tax laws. Supplying these numbers could result in action to require
you to file state tax returns and pay delinquent state tax liabilities.
This contract will not be approved unless these numbers are provided
These numbers will be available to federal and state tax authorities and
state personnel involved in the payment of state obligations.
Minnesota Tax ID Angnatiti
Federal Employer ID 41- 6005011
The Grantor and Grantee acknowledge their assent to this agreement and
agree to be bound by its terms through their signatures entered below.
This Agreement is effective upon execution by the Commissioner of Finance
or its designee.
APPROVED: GRANTEE: I have read and I
agree to all of the above
Commissioner of Administration provisions o hi a reement.
By By
Date Title
Date �7f
APPROVED:
Commissioner of Finance STATE OF MINNESOTA by and
through the Department of
By Trade and Economic Development
Date By
Title
APPROVED AS TO FORM AND EXECUTION: Date
Attorney General's Office
By
Date
8 7 -1
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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
MARCH 22, 1993
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order by Mayor
Todd Paulson at 7 p.m.
ROLL CALL
Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and
Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Works
Sy Knapp, Finance Director Paul Holmlund, City Attorney Charlie LeFevere, Public Works
Coordinator Diane Spector, Police Chief Trevor Hampton, Director of Community
Development Brad Hoffman, Community Development Specialist Tom Bublitz, City
Assessor Mark Parish, City Engineer Mark Maloney, and Council Secretary Nancy Berg.
OPENING CEREMONIES
Betty Tombers offered the invocation.
OPEN FORUM
Mayor Paulson noted the Council had received one request to use the open forum session
this evening.
Steve Swanson, 5412 Colfax Avenue, stated he would withhold_ any comments until the
Council addressed the matter of street improvements as listed on the agenda.
COUNCIL REPORTS
Mayor Paulson presented Bev Wolfe, Chairperson for the Charter Commission. Ms. Wolfe
stated she was there tonight to make a presentation to Allen K. Anderson who served on
the Charter Commission from February 1985 to February 1993. She stated he was a
distinguished member who had also served as chairperson for the Charter Commission. She
presented Mr. Anderson with an award.
Mayor Paulson thanked Mr. Anderson and informed him the Council would be passing a
resolution tonight on the consent agenda expressing recognition and appreciation for his
dedicated public service. He added the Council was aware of his good service on the
Charter Commission, and he hoped the City could use his services again.
3/22/93 - 1 -
APPROVAL OF AGENDA AND CONSENT AGENDA
Mayor Paulson inquired if any Councilmembers requested any items be removed from the*
consent agenda. Councilmember Mann asked the March 2, 1993, minutes and item 7a be
removed from the consent agenda. Councilmember Rosene asked the March 8, 1993,
minutes and item 7b be removed from the consent agenda.
RESOLUTIONS
RESOLUTION NO. 93 -41
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING D'AMICO TO SERVE LIQUOR AT THE EARLE
BROWN HERITAGE CENTER UNDER MINNESOTA STATUTES, §340.404,
SUBD. 4
The motion for the adoption of the foregoing resolution was duly seconded by member Barb
Kalligher, and the motion passed unanimously.
RESOLUTION NO. 93 -42
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF
ONE (1) GREENS MOWER FOR GOLF COURSE
The motion for the adoption of the foregoing resolution was duly seconded by member Barb
Kalligher, and the motion passed unanimously.
RESOLUTION NO. 93 -43
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE
DEDICATED PUBLIC SERVICE OF BETTILOU CHRISTOPHER
The motion for the adoption of the foregoing resolution was duly seconded by member Barb
Kalligher, and the motion passed unanimously.
RESOLUTION NO. 93 -44
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE
DEDICATED PUBLIC SERVICE OF ALLEN K. ANDERSON
The motion for the adoption of the foregoing resolution was duly seconded by member Barb
Kalligher, and the motion passed unanimously.
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RESOLUTION NO. 93 -45
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL
PAYMENT FOR DATA PROCESSING ENHANCEMENTS FOR THE WATER
UTILITY SCADA SYSTEM AND FOR THE SANITARY SEWER UTILITY INTRAC
SYSTEM IMPROVEMENT OVEMENT PROJECT NO. 1992 -15 CONTRACT 1992 -L
The motion for the adoption of the foregoing resolution was duly seconded by member Barb
Kalligher, and the motion passed unanimously.
RESOLUTION NO. 93 -46
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING THE 1993 DISEASED TREE REMOVAL PROGRAM,
APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS,
IMPROVEMENT PROJECT NO. 1993 -01, CONTRACT 1993 -A
The motion for the adoption of the foregoing resolution was duly seconded by member Barb
Kalligher, and the motion passed unanimously.
RESOLUTION NO. 93 -47
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF
UNCOLLECTIBLE ACCOUNTS RECEIVABLES
The motion for the adoption of the foregoing resolution was duly seconded by member Barb
Kalligher, and the motion passed unanimously.
LICENSES
There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to
approve the following list of licenses:
MECHANICAL SYSTEMS
Centraire, Inc. 7402 Washington Ave. S.
LSV Metals, Inc. 6800 Shingle Creek Pkwy.
Thermex Corporation 4850 Park Glen Road
POOL AND BILLIARDS TABLES
Three Lakes Development, LP III 3000 Justin Drive
Duds 'n Suds 6824 Humboldt Ave. N.
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I
RENTAL DWELLINGS
Renewal:
Norman Chazin Brookdale Manor Apts.
Norman Chazin Four Courts Apartments
Gary Scherber Lilac Apartments
Norman Chazin Northbrook Terrace Apts.
Norman Chazin 6037 Brooklyn Blvd.
William and Nancy Dahlquist 4700 Lakeview Ave. N.
Gary Scherber 5820 Logan Ave. N.
Tracy Rice 6907 Morgan Ave. N.
Lawrence R. Florian 857 -861 70th Ave. N.
S. Richard Silverness 873 -877 70th Ave. N.
James R. Hokanson 881 -885 70th Ave. N.
TAXICAB
Town Taxi, #69 2500 Washington Ave. N.
APPROVAL OF MINUTES
MARCH 2, 1993 - SPECIAL WORK SESSION
Councilmember Mann asked the word "or" be changed to "and" in paragraph 1, page 5, of
the March 2, 1993, special work session minutes. The paragraph would be corrected to read:
Councilmember Mann asked if the City had a 20 -year program set. The City
Manager explained this was what the City was starting. Councilmember Mann stated
it was more logical to go with areas A and B then. Councilmember Rosene asked
if the City could do both A and B. The City Manager answered the City could, but
staff wanted to handle just one area the first year to assure staff can cover the job.
He recommended Council hold the public hearing on both and then chose either
Area A or B.
There was a motion by Councilmember Rosene and seconded by Councilmember Mann to
approve the minutes of March 2, 1993, special work session as amended. Vote on the
motion: four ayes, one abstain. Councilmember Scott abstained. The motion passed.
MARCH 8, 1993 - REGULAR SESSION
Councilmember Rosene asked the March 8, 1993, regular session minutes be changed on
page 13, paragraph 2, to remove "the 15' greenstrip" and change to IT abutment with the
R1 property ". The paragraph would be corrected to read:
Councilmember Rosene explained if it were not for the 12' abutment with the R1
property requirement, the applicant would have been able to build a cookie - cutter
type station without all of the enhancements recommended by the study.
3/22/93 - 4 -
Councilmember Rosene asked that neither the March 2 nor the March 8, 1993, minutes be
reprinted for Council edification.
There was a motion by Councilmember Rosene and seconded by Councilmember Mann to
approve the minutes of March 8, 1993, regular session as amended. The motion passed
unanimously.
PRESENTATIONS
BROOKLYN CENTER JOB RETENTIONBUSINESS EXPANSION PROGRAM
The City Manager presented Mr. Netwal of the Community Resource Partnership, Inc. He
explained Mr. Netwal would update the Council on the current status of the business
retention/job expansion program which had been jointly undertaken by the cities of Brooklyn
Center, Brooklyn Park, and Blaine.
Mr. Netwal explained he had grown up in Brooklyn Center, and he took extra pride in his
work for Brooklyn Center. He stated there had already been benefits with the business
retention/job expansion program. He added the program conveyed the City's interest in the
business community. He further added the surveys indicated a number of "red flags" for the
City to investigate such as pot holes in front of the businesses and city ordinances that pose
a particular problem for a business. He explained one of the red flag issues was power
outages experienced by one company, and after checking with other companies, it was
discovered other companies in the area were having the same problem. He further
explained NSP had been notified and was investigating the problem.
Mr. Netwal stated a significant result of the survey was the ability to match the business
community needs with other already existing businesses in the community providing those
needed services. He added a number of companies had also requested specific training from
the community colleges, and the colleges were actively approaching these companies to work
on a program.
Mr. Netwal explained over 500 businesses had been interviewed with approximately one -third
being Brooklyn Center businesses. He summarized the benefits of the program:
1. Positive image of City's concern.
2. City staff was made aware of problems businesses are experiencing.
3. Access to community colleges and Chamber of Commerce.
4. Sense of community.
3/22/93 - 5 -
Mayor Paulson asked if all the materials were available to the Councilmembers. The City
Manager answered everything was available, and when it had been summarized, it would be
presented to the Council. He added this was just an update on the program.
Mayor Paulson asked if all the information would be public information. Mr. Netwal
answered the compiled data would be public but certain company information was private
and must be protected.
Councilmember Scott asked if there would be a simplified, short version of the results of the
surveys. Mr. Netwal answered yes and there would be an unlimited number of reports which
could be developed from the surveys.
Councilmember Kalligher asked when the summary would be completed. Mr. Netwal
answered the entire project was a three -year project. He added they had now completed
the bulk of the manufacturing companies, and the task force would probably need four to
six months to complete a report` on the manufacturing businesses. He continued in the
meantime they would also be working on the warehousing and retail businesses.
The City Manager explained the Minnesota Department of Economic Development had
some standards, and it also has data privacy requirements which the program had been
careful to follow.
Mayor Paulson asked what would result from this program. Mr. Netwal answered a series 0
of recommendations from the task force to help encourage business within the community.
Mayor Paulson asked who would develop the marketing plans. Mr. Netwal answered that
would be determined by the Council and staff. He added Community Resource Partnership
would be making recommendations and actually the data would point its own direction. He
continued that the City would make judgments on how it wanted to get involved.
Mayor Paulson asked who owned the data after the study was completed. The City Manager
answered the three communities would own the data as regulated
by the Data Privacy Act.
Mayor Paulson asked about the data at Community Resource Partnership. Mr. Netwal
answered he did not know what use they would have for it.
Mayor Paulson asked if Community Resource Partnership had a budget for 1993. Sarah
Nelson stated she would be happy to supply the Council with a budget for 1993. She added
the plan was to continue to keep he data updated after the study complete.
P P
Y
P
Councilmember Rosene stated he had been criticized for hiring Community Resource
Partnership by a citizen who believed the same information was available from the
Minnesota Department of Economic Development. He asked if Community Resource
Partnership had availed themselves of whatever information was available. Mr. Netwal
answered that Community Resource Partnership had been working with the Minnesota
Department of Economic Development and had actually been providing them with
3/22/93 -6-
6
CORRECTION
information and they were very appreciative. He added the Department of Economic
Development was very supportive of this project. Councilmember Rosene asked if the
Department of Economic Development was able to provide any helpful information. Mr.
Netwal answered yes they provided preliminary input on the manufacturing survey and also
with some training tools. He added Community Resource Partnership had also been
cooperating with the State on this project.
Councilmember Rosene asked if this sort of survey had been done in other areas in the
State. Councilmember Scott answered in other areas of the nation, but not as intensive.
Mr. Netwal explained the "Star Cities" in Minnesota must complete a similar survey on
about ten to fifteen of its major companies.
The City Manager stated the need for training had been the most productive result of the
survey. Councilmember Rosene asked if Mr. Netwal had asked the businesses how they
would like to see the information used. Mr. Netwal answered not specifically but a number
of the businesses requested they be informed of the results, and Community Resource
Partnership would provide them with newsletter updates and a synopsis of the final report.
He also suggested using the Chamber of Commerce as a forum to share the information
with the business community. Mr. Netwal further stated the manufacturing task force, which
is made up of manufacturers, was addressing that very question.
Councilmember Rosene asked who representatives from Brooklyn Center were on the task
force. Mr. Netwal answered Theron Horn and Wally Wassensmith.
Mayor Paulson asked Sarah Nelson what relationship this project had with the North Metro
Mayors Association. Ms. Nelson answered there was no direct relationship. She added she
was an employee of North Metro Mayors Association and anything else she did was on her
own time.
Mayor Paulson thanked Community Resource Partnership for their presentation.
PUBLIC HEARING
PUBLIC HEARING 1993 (YEAR XIX) URBAN HENNEPIN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM AND RESOLUTION APPROVING
YEAR XIX URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM
The City Manager stated the required public hearing for the proposed use of Year XIX
Community Development Block Grant (CDBG) funds was scheduled this evening for 7:30
p.m. He added the City's CDBG allocation for Year XIX (July 1993 to July 1994) was
$235,627 which was slightly greater than the Year XVIII of $217,491.
3/22/93 - 7 -
The Community Development Specialist reviewed the CDBG requests an
recommendations for Year XIX as follows:
1. Rehabilitation of Private Property: He explained this was a continuation of the City's
home rehabilitation deferred loan program. He also added there was a waiting list
of 65 people for this program.
2. Household Outside Maintenance for the Elderly (H.O.M.E.) Program: He explained
the program provides for minor home maintenance and repair for persons 60 years
of age and over or for disabled persons.
3. Scattered Site Redevelopment: He explained this activity provides for the
continuation of the acquisition and demolition of blighted residential properties in
the City.
4. Business Retention Study: He explained this allocation provided for a continuation
of the business retention study.
5. Public Facilities Project for Head Start Program: He stated this activity would
provide for the City of Brooklyn Center's share of a project to remodel the old
Brooklyn Park City Hall for use by Head Start and other early childhood services.
He added this was a one -time contribution to the project and operating dollars for
the program would be obtained from state and federal sources. He further added*
the implementating agency for the project would be Parents in Community Action.
He also added the project was being coordinated through the Northwest Hennepin
Human Services Council.
The Community Development Specialist stated in addition to the above - listed projects, City
staff had received a request from Community Action for Suburban Hennepin for $2,645
from CDBG funds to support their housing services in fiscal year 1994. He added staff was
not recommending this allocation as the service would only be eligible if it was established
to be a benefit to low- to moderate - income persons.
Mayor Paulson asked what category business retention would come. The Community
Development Specialist answered the economic development portion, as the project could
be linked to providing retention of employment for moderate - income persons.
Mary Bock, representative from Parents in Community Action, addressed the Council. She
stated the City of Brooklyn Park had been very generous to donate its old city hall for the
program. She explained the program now needs the money to renovate the building. Mayor
Paulson asked if more children from Brooklyn Center would be served at this new facility.
Ms. Bock explained when the facility in Brooklyn Park was opened, it would be full and they
would be seeking additional space. She further explained the program would be serving 360
children from suburban Hennepin County this year.
3/22/93 -8-
Councilmember Scott asked what happened now with the Cities of Maple Grove and
Plymouth who were refusing to pay their share of the funding. Ms. Bock answered she did
not know, but she hoped these cities would still come on board. She further explained the
children from these communities would be served regardless.
Councilmember Rosene asked for the exact status of the funding from Maple Grove and
Plymouth. Ms. Bock answered Plymouth had tabled the matter pending further study. She
said they had since visited the facility and their major concern was with the location. She
added the matter was still pending in Maple Grove, and she hoped they would come on
board.
Councilmember Kalligher asked why Golden Valley had allocated less funds than requested.
Ms. Bock answered Golden Valley felt a smaller number of children from Golden Valley
were served.
Councilmember Rosene noted Osseo had allocated more than requested and asked why.
Ms. Bock explained Philip Cohen had worked with each city, and she did not know why but
he might.
Mayor Paulson explained he was on the site selection committee and asked Ms. Bock to
explain to the Council the reason this site was selected. Ms. Bock stated the selection of
that facility from the other options presented had mainly to do with licensing ability of the
facility by the State. She added the old Brooklyn Park City Hall was nearly ideal in terms
of meeting those guidelines. She further added it was offered to the program for $1 per
year on an unlimited basis. She also stated the largest concentration of children was from
Brooklyn Center and Brooklyn Park.
Mayor Paulson asked if the children would have the same door -to -door service. Ms. Bock
answered yes, they would provide the same door -to -door transportation regardless of where
the families live.
Mayor Paulson thanked Ms. Bock for her presentation.
Mayor Paulson opened the meeting for the purpose of a public.hearing to consider the 1993
(Year XIX) Urban Hennepin County Community Development: Block. Grant Program and
Resolution Approving Year XIX Urban Hennepin County Community Development Block
Grant Program at 8:05 p.m. He inquired if there was anyone present who wished to address
the Council, no one appeared to speak, and he entertained a motion to close the public
hearing.
There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to
close the public hearing at 8:05 p.m. The motion passed unanimously.
3/22/93 -9 -
Councilmember Mann asked if the $2,063 expended for the H.O.M.E. program P o ram
. was
m
P g
expended ear XVIII. The e Development
Specialist answered �' e ed
P P yes.
Councilmember Mann inquired if the program was being reduced by $4,000. The
Community Development Specialist answered yes, and he believed the amount would be
adequate for year XIX.
Councilmember Kalligher asked what happened to any money left over at the end of the
year. The Community Development Specialist answered this had not previously happened.
He suggested if the amount was less than $10,000, the Council could amend the resolution
and
place the money into the Home Rehabilitation Program or it would be recycled back into
the program but the County would then take a cut.
Councilmember Kalligher asked how residents are informed of the program. The
Community Development Specialist answered an ad had been placed in the City newsletter
and the Earle Brown Neighborhood newsletter, and he also planned to go to senior meetings
to announce it there.
Councilmember Rosene stated he regretted the Community Action for Suburban Hennepin
was in need of money; however, the Council was not in the habit of granting requests
presented directly to the Council. He explained such a request must first go through one of
the City's commissions such as the Housing Commission or the Human Rights and 0
Resources Commission for evaluation. He recommended waiting on this request until next
year.
Mayor Paulson thought this was a good point and agreed the request should be forwarded
to one of the commissions. He explained the other programs, with the exception of the
Business Retention Program, had been reviewed by various commissions. The Community
Development Specialist explained the Community Action for Suburban Hennepin was really
the only one that had not been on the table.
Mayor Paulson recommended the Community Action for Suburban Hennepin request and
the Business Retention Program go through one of the City's commissions for review. He
explained the Council had received a good presentation on the Business Retention Program,
but he wanted to know more about what would develop from the program and the exact
budget for 1993. He added he also wanted to know who would own the data after the study
was complete. He suggested the Human Rights and Resources Commission review these
two programs and added he was comfortable with the other programs.
Councilmember Kalligher asked when the Council had to finalize the Community
Development Block Grant Program for year XIX. The Community Development Specialist
n
a swered the program must be submitted to the County by April 15, 1993.
3/22/93 _ 1 _
0
Mayor Paulson asked if the City could amend the budget during the course of the year. The
Community Development Specialist answered yes. The Director of Community
Development stated the City had the option to amend the program during the course of the
year.
RESOLUTION NO. 93 -48
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XIX URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND
AUTHORIZING ITS SUBMITTAL
Councilmember Scott requested this resolution include the Business Retention Study and
eliminate the request from Community Action for Suburban Hennepin and then refer the
Community Action for Suburban Hennepin request to the Human Rights and Resources
Commission for further study and also to look at what the City would expect from the
Business Retention Program.
Councilmember Scott stated the Business Retention Program had progressed further than
she had anticipated. She added the results would not only benefit the business community
but also the people of the community. She continued to add she thought it would
accomplish what the Council wanted. She stated it was her understanding the data would
be owned by the three communities who had commissioned the study with the exception of
those facts protected by the Data privacy Act.
Mayor Paulson stated these facts were not enough for him to allocate $30,000. He stated
he thought in the past these types of requests had come through other processes before
funds were allocated. He added he did think the City needed to do something in the
business retention area. He suggested talking to the Chamber of Commerce to set up
business town meetings to receive input from the businesses in the community.
Councilmember Mann a n stated she was concerned ab ut the 11
s a so o allocation of $30,000 to the
Business Retention Program. She added she did believe the Council should request the
CDBG funds now and if, after review by the Human Rights & Resources Commission, the
Council decided not to fund these programs, the money could be distributed to the other
programs. Councilmember Scott agreed if the Human Rights & Resources Commission did
not approve, the Council could allocate the funds to another program.
The Community Development Specialist stated the dollars for year XIX could not be spent
until July 1993. Mayor Paulson added the Council should have a determination from the
Human Rights & Resources Commission by then.
The motion for the adoption of the foregoing resolution was duly seconded by member Barb
Kalligher, and the motion passed unanimously.
3/22/93
DISCUSSION ITEMS 0
CITY ENGINEER'S FEASIBILITY REPORT FOR NEIGHBORHOOD STREET
IMPROVEMENT PROGRAM
The City Manager presented the City Engineer's feasibility report regarding the proposed
Neighborhood Street Improvement Program in the Southeast neighborhood. He explained
the feasibility report reviewed the existing conditions and recommended street, utility, street
lighting, landscaping, and other improvements in the area bounded by Logan Avenue to the
west and 4th Street to the east, between 53rd and 55th Avenues.
The Director of Public Works explained there were three resolutions provided for Council
consideration: one amending special assessment policy; one establishing projects in the
Southeast neighborhood and calling for a public hearing; and one directing staff to hold a
neighborhood information meeting prior to the public hearing. He added the average age
of the streets in Brooklyn Center was more than 30 years old, and the cost to maintain the
streets and utilities would be more than to start a 20 -year reconstruction program. He
explained in addition to the City's cost to maintain the streets, the property owners' costs
would also increase due to the collapse of the sanitary sewer lines. He also added there was
a need for the City to undertake programs which were intended to revitalize the City.
The Director of Public Works presented a brief history of the program. He stated the
proposal had been before the City Council four or five times in the last year and one -half.
He added the Earle Brown Neighborhood Advisory Committee had also met several times
to review this project.
The City Engineer reviewed the feasibility report using overheads to show the proposed
area, reviewed the proposed improvements to the sanitary sewer system, the proposed
sanitary sewer improvements, and storm sewer improvements.
Councilmember Kalligher asked if there were some areas without storm sewers. The City
Engineer answered yes and some were so shallow they were subject to freeze /thaw and were
not functional during this time of the year.
Councilmember Rosene asked when the 57th Avenue project was scheduled. The City
Engineer answered it was scheduled in the Capital Improvements Program for 1995. The
Director of Public Works added staff must wait until the citywide Water Management Plan
study is completed before proceeding with the 57th Avenue project.
The City Engineer reviewed the proposed street improvements and the, street lighting
options. He added it was staff recommendation to purchase street lighting fixtures rather
than leasing.
3/22/93 - 12- 0
RECESS
The Brooklyn Center City Council recessed at 9 p.m. and reconvened at 9:15 p.m.
Mayor Paulson asked the agenda be interrupted to allow for a presentation by the Northwest
Branch of the American Red Cross. Jim Ember and Jeff Halum informed Council of an
upcoming Mayors Bowl -A- Cross. They asked the residents and businesses of Brooklyn
Center support the American Red Cross through the Mayors Bowl -A Cross. They explained
the mayor would be competing against 14 other local mayors for pledges. They stated
contributions could be mailed to American Red Cross, Northwest Branch, 7601 Kentucky
Avenue, Brooklyn Park, MN 55428.
Councilmember Rosene asked if the contributions were to be a flat fee or per pin pledge.
Mr. Ember answered residents and businesses could donate whatever_ amount they chose.
He added the Bowl -A -Cross would take place at Spectrum Lanes in Maple Grove, Highway
494 and Bass Lake Road on May 5 at 6 p.m.
The City Engineer continued his report on the landscaping/streetscaping for the study area.
He reviewed boulevard tree planting, planting amenities in the right -of -way, paving surfaces,
street signs, entry monuments, and other street furniture. He added the application of
enhanced street signage and entry monuments appeared to be the most appropriate within
the Southeast neighborhood.
The City Engineer also reviewed the park improvements and sidewalk/trail improvements.
He explained the neighborhood park in the Study Area was Bellvue Park. He ,further
explained no major improvements were scheduled at this time for the park. He added
several maintenance improvements could be programmed in conjunction with the
neighborhood improvement project such as painting the shelter building, trimming all trees,
removing animal swings and replacing with tot swings, and upgrading apparatus and
recreational facilities in 1994. He further explained the sidewalk/trail improvements included
an on- street trail along Bryant Avenue from 53rd Avenue northward. He continued to
explain no sidewalk improvements were specifically proposed other than the possible
replacement of damaged sections of existing sidewalk.
The Public Works Coordinator reviewed the funding sources for the proposed improvements
and the appraisal report the benefits of roadway improvements upon five lots. She
explained the results of these appraisals indicated in the Southeast neighborhood the amount
of benefit from the proposed street improvements varies by size of lot. She explained it was
current City policy to assess on a per unit basis but based on the appraiser's findings it
appeared more appropriate to base an assessment policy on a front foot charge.
The Public Works Coordinator presented the special assessment recommendations. She
explained the recommended term would be 10 years with an interest rate of eight percent.
She further explained based on an assessment of $1,512, the monthly payment the first year
3/22/93 - 13 -
I
would be $25, and in the tenth year the payment would be $13.50 a month. She continue
to add the lighting fixtures would add approximately $1.22 per month, and landscaping
would add another $.50 per month.
The Public Works Coordinator explained the current assessment policy included a provision
to assist senior citizens and disabled persons with payment of special assessments. She
further explained the option offers limited relief to only a few property owners. She stated
it was the recommendation of the report that a program of Assessment Stabilization be
formally adopted to assist low- income homeowners with payment of special assessments.
She further explained the Assessment Stabilization program would provide financial
assistance to homeowners whose family income was less than the HUD "lower income"
guideline. She added the total cost of the program during the 20 -year period was estimated
to be about $3.1 million with the annual cost, assuming a four mile improvement project,
would vary but was estimated at.$110,000 to $160,000. She stated it was proposed for the
first year of the program the reimbursement be funded from the Local State Aid fund. She
also suggested potential sources of funds for future years might be CDBG funds, franchise
fees, local option sales tax, or transportation utility, if approved.
Mayor Paulson explained the street improvement package was being presented to the public
at this meeting, however the Council members had already attended several meetings to
review these materials.
Steve Swanson, 5412 Colfax Avenue, addressed the Council stating the whole subject of
street improvements was absurd. He explained he had just learned of this project a week*
ago and had questioned his neighbors in his area and they knew nothing about it either. He
stated there are about ten retired people on his block and this would be very difficult for
them. He also stated he was unaware of any trees growing into the sewers, and he had
found no water problems during the last rain storm. He continued to state he was
concerned about the installation of curb and gutters. He explained he did not know how
this would improve the value of his property. He continued to explain the only way he
would gain this value was if he sold his property.
Councilmember Rosene asked Mr. Swanson if the primary issue was the cost. He asked if
there were no assessments would he be in favor of the project. Mr. Swanson answered yes,
that was the basic issue. He explained he did not experience the problems the report listed.
Councilmember Rosene suggested staff spend some time with Mr. Swanson to explain the
problems in his area. Mr. Swanson stated he had come to the Council meeting to receive
more information. Councilmember Scott suggested the City Manager explain how staff
viewed the area to see the problems. The City Manager explained the sewers had been
televised and Mr. Swanson could view the area in front of his house.
The Director of Public Works stated he would be happy to talk one on one with Mr.
Swanson and answer his questions.
3/22/93 - 14-
Councilmember Rosene asked the City Engineer about the practice of replacing sections of
pipe with different sized pipe. The City Engineer answered all of the sections proposed to
be replaced begin and end at manholes and they would adjust for the sizes there.
Councilmember Rosene asked about the proposal to deepen the sanitary sewer and if that
would meet the maximum depth too soon. The City Engineer answered they would work
the preliminary grades backwards and it would be a compromise between the adopted
engineering standards and what was there now.
Councilmember Scott stated the Assessment Stabilization program was a wonderful idea.
She asked if the program was established and the City could not afford to finance in the
future, what would the City do. She suggested scaling back the program unless the City
Manager thought the program could be financed in the future. The City Manager stated
that was an excellent question but over time he believed it would be a reasonable plan. He
warned if Council scaled back too far on this, then Council would have to be consistent in
the future.
Councilmember Scott again stated she thought it was a fantastic program but she wanted
residents to be treated equally. She added she did not think it paid to try to patch the
streets or utilities anymore.
Councilmember Rosene agreed with Councilmember Scott and the City Manager as an
overall investment in value, the City needed to do this. He suggested CDBG funds could
conceivably be used for the Assessment Stabilization program in the future. He stated he
would like to try to see if the costs could be defrayed even more. He explained. some
residents simply do not have enough money to fund this program. He stated the City was
on a 20 -year cycle for street improvements and yet the present streets have lasted 30 years.
He asked why the City would want to replace the streets every 20 years. The Director of
Public Works answered the City was 10 years late in starting the streets on a 20 -year
program. The City Manager added some of the streets last longer than 20 years but
generally the maintenance becomes very extensive.
Councilmember Kalligher asked if the assessments could be stretched out over a 20 -year
pay -back. The Director of Public Works answered the Council could make that choice but
the numbers would not change much because of the amount of interest paid. The City
Manager offered to provide information on a 20 -year pay -back program.
Mayor Paulson asked if it was necessary to vote on the three resolutions tonight and instead
hold a public hearing as a staff recommendation. He explained he did not want to go into
the public hearing with Councils' minds already made up. He suggested a motion accepting
staff's presentation on the Assessment Stabilization program rather than approving the
concept or the approach. The City Manager explained staff was asking for direction so they
can be specific with the public. He further explained staff needed some specificity to get to
that point. He added he understood and appreciated Council's concern, but staff would
have to have specific direction before holding the public hearing.
3/22/93 -
15 -
RESOLUTION NO. 93 -49
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AMENDING SPECIAL ASSESSMENT POLICY REGARDING STREET
IMPROVEMENT PROJECTS
The motion for the adoption of the foregoing resolution was duly seconded by member Dave
Rosene.
The Director of Public Works explained for the record that Council was including the
establishment of the Assessment Stabilization program and the proposed maximum frontage
assessed to be 70 feet.
Councilmember Kalligher stressed to the citizens the Council wanted their input and was not
finalizing the street improvement program at this time.
The motion passed unanimously.
RESOLUTION NO. 93 -50
Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION RECEIVING CITY ENGINEER'S FEASIBILITY REPORT;
INITIATING CONSIDERATION OF IMPROVEMENT PROJECTS 1993 -02
(SANITARY SEWER IMPROVEMENTS), 1993 -03 (WATER SYSTEM
IMPROVEMENTS), 1993 -04 (STORM DRAINAGE IMPROVEMENTS), AND 1993 -05
(STREET IMPROVEMENTS) IN AREA FROM LOGAN AVENUE NORTH TO 4TH
STREET NORTH, AND BETWEEN 53RD AVENUE NORTH AND 55TH AVENUE
NORTH; PROPOSING A FINANCING PLAN FOR SUCH IMPROVEMENTS AND
CALLING A HEARING THEREON
The motion for the adoption of the foregoing resolution was duly seconded by member Celia
Scott, and the motion passed unanimously.
The Director of Public Works explained the date recommended for the public hearing was
Thursday, April 22, 1993, at Constitution Hall. He noted, based on staffs presentation to
the City Council, the proposed improvements would include installation of new street
lighting Alternate 2 and a $25,000 allocation for streetscape improvements resulting in an
estimated special assessment rate of $25.65 per front foot. He further explained staff was
recommending a public information meeting be held at the Brooklyn Center High School
Auditorium on Wednesday, April 7, 1993.
Councilmember Kalligher asked when the public announcements would be going out. The
Director of Public Works answered on March 25, 26, or 29, 1993. He further explained a
separate mailing would follow the information meeting with a survey so people will have an
3/22/93 -16 -
opportunity to review the materials sent in the mail and to attend the information meeting
prior to the public hearing. The Public Works Coordinator provided Council with a draft
copy that would be sent out.
Councilmember Scott complimented the Public Works Coordinator on a very excellent
information package.
Mayor Paulson stated he would like the resolution to include the City would be doing a
survey. He stated the survey should mention there would be a special assessment and should
state in bold type: should the Council approve a project on your street at this time. He
added the survey should include do you support or oppose a project on your street that
would include a special assessment at this time and allow a space for comments.
Mayor Paulson asked the following language be added to the resolution:
BE IT FURTHER RESOLVED, that staff are hereby directed to mail a survey to
potentially assessed residents the morning after the information meeting held on
April 7, 1993. The survey expresses the support or opposition to the project and any
special assessments.
The Director of Public Works suggested the language be changed to read:
BE IT FURTHER RESOLVED, that no later than April 8, 1993, staff are hereby
directed to mail a survey to property owners who are proposed to be assessed. The
survey form shall provide an opportunity for property owners to express support or
opposition to the project and special assessments.
RESOLUTION NO. 93 -51
Member Todd Paulson introduced the following resolution as amended and moved its
adoption:
RESOLUTION DIRECTING CITY STAFF TO CONDUCT A PUBLIC
INFORMATIONAL MEETING RELATING TO PROPOSED PUBLIC IMPROVEMENT
PROJECTS 1993 -02, 1993 -03, 1993 -04 AND 1993 -05
The motion for the adoption of the foregoing resolution was duly seconded b y member Celia
Scott, and the motion passed unanimously.
JOINT PUBLIC SAFETY DISPATCH SERVICES STUDY
The City Manager presented the joint public safety dispatch services study and explained the
cities of Brooklyn Center, Crystal, Golden Valley, New Hope, and Robbinsdale had joined
together to study the possibilities of operating a joint public safety dispatching facility. He
further explained three options of joint dispatching had come out of the cooperative effort:
3/22/93 - 17-
1. Change
to Hennepin in
g County Sheriff's Department for dispatching p ty p patching services.
2. Build and operate an independent Five -City Joint Dispatch Facility.
3. Remain the same -- make no change.
Mayor Paulson suggested Council review this matter after the City Manager and Police
Chief had an opportunity to further discuss this with all concerned parties.
The Police Chief explained staff was recommending option 1 and was asking Council make
a motion indicating its preference for this option and directing staff to continue to work with
the five city Joint Dispatch Committee in developing a plan of implementation. He further
explained staff would also look at the feasibility of a joint dispatch cooperative effort with
another area city if one was interested. He added staff was . not looking for a decision
tonight.
Mayor Paulson stated it was worthwhile to pursue option 1 and it should be further
investigated. He explained there was changing technology which made it worthwhile to look
into. He added he expected the Police Chief to be an advocate for change and bring such
change to the Council. He recommended a motion to table to next meeting and directing
staff to meet with dispatchers and others concerned. The City Manager agreed it was the
intent of staff to do this in the next stage of the process. He asked if Council wanted staff
to proceed with the investigation and explained this would also include the Fire Department
and Public Works Department.
Councilmember Scott stated she would like to look into clusters as she had a problem with
the County system. The City Manager tY Y e explained the 800 megahertz would affect tY g p g a ect Brookl n
Y
Center whether on a joint system with the County or not. He further explained it was
technology that was on the horizon. He said staff would evaluate a cluster, but after initial
investigation, it looked like the smaller the dispatch center the larger the cost.
Councilmember Scott reminded Council when the County took over the jailing facility, the
cost went up every year. Councilmember Mann also liked the idea of a clustering group.
Councilmember Kalligher agreed it was the wish of the Council to look into. a cluster of
cities for dispatching services.
There was a motion by Councilmember Scott and seconded by Councilmember Kalligher
indicating preference to build and operate an independent, cluster -type joint dispatch facility
and the continuation of working with the Joint Dispatch Committee in developing a plan of
implementation.
The City Manager asked if Council was excluding the County option. Mayor Paulson stated
he would like to look at all options and bring back to the Council. Councilmember Scott
agreed it was not a problem to include the County as part of the examination.
3/22/93 - 18 - 0
Councilmember Rosene asked if it would be appropriate in the motion to mention the
majority of the Council preferred the cluster rather than the County option. He explained
it was good to
have open options, but they are not being viewed equally at this point.
The motion passed unanimously.
ADMINISTRATIVE TRAFFIC COMMITTEE REPORT RE: PURCHASE OF SMART
UNIT
The City Manager presented the Administrative Traffic Committee Report regarding the
purchase of SMART unit. He explained the unit had been recommended for purchase by
the City's Administrative Traffic Committee and Council requested staff investigate the
possibility of joint purchase of this unit with one or more other jurisdictions. He further
explained the committee had reviewed Council's request. He added the Police Chief
recommended Brooklyn Center purchase the unit and be responsible for its maintenance but
make it available on a rental basis to other jurisdictions.
RESOLUTION NO. 93 -52
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING PROPOSAL FOR SPEED MONITORING AWARENESS
TRAILER (SMART)
The motion for the adoption of the foregoing resolution was duly seconded by member Dave
Rosene, and the motion passed unanimously.
LEGISLATIVE UPDATE
The City Manager presented the legislative update highlighting the correspondence in
support of Representative Myron Orfield's Metropolitan Stability Legislation.
COUNTY PROPERTY TAX ABATEMENT PETITIONS IMPACT ON 1993 BUDGET
The City Manager presented the County property tax abatement petitions impact on 1993
budget. He explained a significant number of appeals were backlogged and had been
stipulated and /or tried but refunds had not yet been issued. He further explained there may
be additional refunds affecting the last half property tax settlement from Hennepin County.
Councilmember Scott stated the Financial Commission was the proper place for this to go
at this time.
There was a motion by Councilmember Scott and seconded by Councilmember Rosene to
direct staff to develop options for dealing with this shortfall, review them with the Financial
Commission, and report back to the City Council. The motion passed unanimously.
3/22/93 - 19 -
ADJOURNMENT
There was a motion by Councilmember Scott and seconded b Councilmember Kall' her to
Y i
g
adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council
adjourned at 10:50 p.m.
Deputy City Clerk Todd Paulson, Mayor
Recorded and transcribed by:
Nancy Berg
Timesaver Off Site Secretarial
3/22/93 -20-
I
1
3 c.
MEMORANDUM
TO: Brad Hoffman, Community Development Director
FROM: Tom Bublitz, Community Development Specialist /1
DATE: June 16, 1993
SUBJECT: Redevelopment /Development Policy Issues
The information included with this memorandum is a summary of redevelopment policy issues
discussed at previous EDA work sessions, along with some new items for discussion which focus
on single- family housing and neighborhood issues.
A summary of the information included with this memorandum is as follows:
1. Brooklyn Center Redevelopment/Development Policy Issues discussed at a 1991
EDA work session (pages 1 -10).
2. Community vision draft outline discussed at a 1992 EDA work session. This
draft outline contains editions and revisions made by the EDA President and
board members at the 1992 work session (pages 1 -5).
3. Single - Family Housing Issues and Neighborhood Issues. These pages are issues
and strategies I am requesting the EDA to consider in the overall policy
discussion.
The purpose of providing the information described above is to provide all information on past
redevelopment /development policy discussions by the EDA board and to use this information as
a framework for finalizing our redevelopment /development policy.
BROOKLYN CENTER
REDEVELOPMENT /DEVELOPMENT POLICY ISSUES
I. MANAGEMENT PROCESS
S
A. Continue Building Maintenance Code Enforcement as High
Priority
• Maintenance of Staff Expertise Through Periodic Training
• Communicate Building Maintenance Code Requirements
to City Residents
B. Utilize Development /Redevelopment Review Process for
Selection of Development/Redevelopment Projects
Review Process Includes:
• An Environmental Assessment
• Land Use Analysis
• Market Analysis
• Financial Analysis
C. Resolve Any Zoning Code Conflicts with Goals of Housing
Implementation Plan and Commercial /Industrial Market
Trend Analysis
D. Community Awareness and Promotion
1. Involve Residents and Building Owners in the
Development and Implementation of the Housing
Strategy
-1-
2. Develop Promotional Events and Materials which
Emphasize the Assets of the City's Housing,
Neighborhood, and Commercial /Industrial Opportunities
3. Establish Ongoing Communication, Regarding Housing
Strategy, with Community Groups Including
Neighborhood Groups, Realtors, and Business
Community
4. Develop Educational Programs and Opportunities for
City Residents Regarding Housing Issues Including
Housing Maintenance
II. MLTLTIFAMH,Y HOUSING ISSUES
A. Develop Subsidized Housing Policy
1. Determine if Existing Project Based Housing Should
Remain as Housing for Low and Moderate Income
Persons
2. Analyze the Feasibility of the City, or in Cooperation
With a Non - Profit Providing for Owning and /or
Managing Housing for Low and Moderate Income
Persons
B. Determine City Role in Providing Assistance to Apartment
Owners
• Offer Assistance, if Needed, to Establish a Building
Owners Association
• Arrange For In- Service Sessions for Apartment Owners
-2-
• Inform Owners of the Availability of Federal and State
Loan and Mortgage Programs
• Use Incentives to Assist Apartment Owners in
Rehabilitating Their Buildings
C. Determine City Role in Providing Assistance to Apartment
Renters
• Consider Options for Linking Human Services to Existing
Multifamily Housing
D. Assess the Feasibility and Benefit of Various Ownership and
Management Options for Multifamily Housing
• Assess the Role of Non - Profit Housing Organizations in
Ownership and /or Management of Multifamily Housing
Determine the Need and Requirements for Special Type
Housing (Handicapped /Mentally Ill)
• Work With Developers to Assess the Feasibility of
Leasehold Cooperatives
III. SINGLE FAMILY HOUSING ISSUES
A. Plan a Neighborhood Renewal and Renovation Program
• Remove Any Deteriorating Housing, or Housing in Areas
Where the Land Could be Better Utilized, by Buying Back
Homes as They Come Up For Sale
• Encourage the Rehabilitation and Stabilization of All
Deteriorated Residential Properties on a City -Wide Basis,
i
-3-
Particularly Concentrating Initial Rehabilitation Activities
in the Southeast Neighborhood
• Ensure that All New and Rehabilitated Housing, Including
Housing Intended for Low- and Moderate - Income Persons,
Adheres to High Standards of Design and Construction
• Preservation of Existing Housing and Neighborhoods,
Including Public Infrastructure
• Elimination of Blighting Influences and Redevelopment of
Available Sites Which Include the Development of New,
Market -Rate Single- Family and Multifamily Housing
• Plan for Related Housing Services Such as Housing
Design and Single Family Homeowner Associations
B. Develop Home Ownership Opportunities
• Provide Assistance to Convert Rental Occupied Units.
The Program Should Include Homeowners Orientation
Training Component
• Encourage Renters Living in Brooklyn Center Who Want
to Own Homes to Remain in Brooklyn Center
C. Develop Financing Options for Housing Redevelopment and
Rehabilitation
• Maximize Available City Resources to Leverage Public
and Private Funds
-4-
• Continue to Utilize Minnesota Housing Finance Agency
(MHFA) Finance Programs and Provide Access for
g City
Residents to These Programs
Utilize Available Programs of the Department of Housing
and Urban Development (HUD)
• Consider Creation of City- Funded Financing Programs
Such as Revolving Loan Programs
N. CONEMERCIA.Ld"USTRIAL STRATEGY BY AREA
A. Gateway Area (T.H. 252 North of I -694)
• This is the most highly visible entrance point to the
community and its development should make a visual or
image statement for Brooklyn Center. The strongest uses
for this high profile site would be a single user office
development (corporate headquarters building), a new
residential development which would make use of river
views, a concentration of destination orientated restaurants
and night clubs /entertainment spots, or a combination of
these uses.
B. Brookdale /Shingle Creek Business Area
• The office warehouse section of this area north of I -94/I-
694 should continue as a mixed use area with
combinations of office /warehouse space, bulk warehouse
space, and mixed restaurant, entertainment, and hospitality
uses south of Freeway Boulevard. Potential
redevelopment opportunities exist to expand successful
office and warehouse and light manufacturing uses to the
east up to Humboldt Avenue displacing marginal
5-
apartment uses. However, care should be taken in not
overburdening the traffic handling system in the area of
Humboldt Avenue.
• Consideration should be given to the potential for motel
and hotel expansion adjacent to the Earle Brown Heritage
Center as a possible alternative to the currently proposed
office developments. Alternative land uses should be
considered for the R7 site south of the Hennepin County
Service Center as it would be more cost effective to
develop the area into possible retail uses consistent with
traffic system capacities. Given soil and environmental
factors on this site, retail or other type commercial
development should be considered.
• Brookdale Center, located in Brooklyn Center, along with
adjacent and peripheral discount retail sites represents a
strong, viable retail element in Brooklyn Center's future.
Brooklyn Center should foster the viability of this retail
center and keep a balanced mix of uses in the "downtown
area" of Brooklyn Center. Expansion of various sites in
this area should be encouraged consistent with the
capacities of local and metropolitan infrastructure and
service systems.
C. Humboldt Avenue 65th Avenue to 69th Avenue Area
• Rental housing along Humboldt Avenue should continue
to be monitored in terms of housing and building
conditions. Because the rents attainable for these
complexes will continue to moderate, property owners
may not have sufficient incentive to invest in the
rehabilitating of these buildings. Because of this, there is
potential for the deterioration of this rental housing and it
-6-
may be those units on the west side of Humboldt would be
available for redevelopment and expansion of the
industrial park. The retail area (Humboldt Square) on the
intersection of 69th and Humboldt Avenues are
appropriate land use for the center but the Humboldt
Square Center may be too large for the area and the
income level in the area. The center should be marketed
to price sensitive types of tenants and those looking for
affordable spaces.
D. France Avenue and T.H. 100 Area
• Redevelopment of the industrial area south of 50th Avenue
North, along France Avenue North with new industrial
space, is appropriate. The residential area west of Azelia
Avenue is at risk in the long term. Over time this area
should be watched for opportunities for redevelopment
should the neighborhood deteriorate. Should the rental
buildings along 47th Avenue become significantly less
value (due to high vacancy rates, declining property
values), we recommend clearing to allow new
office /warehouse or bulk warehouse development.
Current commercial users along T.H. 100 fit the criteria
for the type of destination orientated uses which will be
attracted to T.H. 100 frontage sites. The Joslyn site
located south of the Soo Line Railroad track west of
France Avenue is currently under remediation as a
hazardous waste site. It offers limited opportunity for any
redevelopment, and the City should carefully evaluate all
or a portion of this site for public or park use.
-7-
E. Brooklyn Boulevard Area
1. 49th Avenue to T.H. 100
This area along Brooklyn Boulevard is largely
residential with two institutional uses, two garden
center type uses, and a nonconforming Howe industrial
site. This area appears to be lower on the priority for
redevelopment, however, additional planning analysis
should be conducted to determine redevelopment
alternatives.
2. T.H. 100 to ' 60th Avenue
This area along the west side of Brooklyn Boulevard is
mixed use of institutional, office, and residential uses.
In light of the market analysis, current guide plan
sections covering this area should be reviewed in light
of inclusion in the area of possible retail uses. The east
side of Brooklyn Boulevard in the area is largely
commercial and office type uses with a few residential
sites scattered in the area. Current guide plan sections
,appear valid for this area and in fill and elimination of
the residential sites should occur in a manner
compatible with the adjacent uses.
3. 60th Avenue to I -94/I -694
This section of Brooklyn Boulevard is marked by
significant mixture of commercial uses ranging from
auto dealerships to strip centers to building warehouse
retail stores. It includes institutional school uses,
apartments, and office use areas scattered among
remaining single family residential sites. In light of our
-8-
commercial industrial market trend analysis study, this
area should be re- evaluated for possible additional retail
type commercial development.
4. I -94/I -694 to North City Limits
This area of Brooklyn Boulevard between y e n the freeway
north to approximately 70th Avenue is heavily
orientated to retail car sales, service, and related type
facilities with an intermix of neighborhood retail. The
planning of this area should assume a long-term
g term
presence of the car dealerships. The in fill of
commercial's ites in the area will offer development
opportunities to businesses kindred or associated with
auto dealerships and automotive -type services.
Eventual elimination of residential uses along Brooklyn
Boulevard should be a goal of City policy. Care must
be taken to buffer retail and other type uses to
residential areas which would back u to or abut t uses
along Brooklyn Boulevard. A proactive redevelopment
plan should be developed for turning over the retail
areas and residential areas adjacent to Brooklyn
Boulevard between roughly 69th and 70th Avenues.
V. FINANCIAL RESOURCES
A. Continue the Levy for the Housing and Redevelopment
Authority and When Feasible, Make an EDA Levy
B. Research and Propose New Funding Sources to be Used for
Housing Services and Public Improvements
C. Structure the Use of Federal CDBC Funds and City Funds so
that a Portion of the Funds Can be Recaptured
-9-
D. Propose Inclusion of the City of Brooklyn Center in Private
Ventures that Provide Funds for Housing and Propose New
Ventures Such as the Twin Cities Housing Trust
E. Use Tax Increment Financing, Industrial Revenue Bonding,
Planned Unit Development Process, and Other Available
Processes to Implement Brooklyn Center
Commercial /Industrial and Housing Strategies
-10-
COMMUNITY VISION DRAFT OUTLINE (1992)
Mission Statement
It is the intent of the City of Brooklyn Center to insure the 1)
future vitality of its neighborhoods, 2) its commercial/ industrial
base and 3)its sense of community. The City recognizes the
changing demographics of its population and the impact that will
have on demands for services, housing, employment and shopping. To
date, Brooklyn Center has been a well balanced community with
approximately percent of its land in residential,
percent in retail and percent in other commercial /industrial
uses. As a result, the City has enjoyed a lifestyle of
convenience. Brookdale provides convenient shopping, parks are
located throughout the City; the area is blessed with good schools.
Brooklyn Center, with approximately 14,100 jobs, has one of the
area's largest employment base.
In order to secure a prosperous future, Brooklyn Center needs to
recognize the changing needs and desires of a dynamic population
and direct its actions and policies towards the City's need to
address questions of service, housing, redevelopment and other
areas that make Brooklyn Center a desirable place to live. Its
neighborhoods must be able to compete with newly developed
neighborhoods in other communities. The Maxfield Study addresses
the housing issues in depth. The City's position as a regional
retail area is threatened by development to the north and west.
Brookdale is the hub and lifeblood of our retail area and its
continued good performance is necessary. The employment base for
Brooklyn Center has potential growth, but the City will need to
address itself to redevelopment and local job expansion.
In summary, it is the mission of Brooklyn Center to emphasize and
enhance those qualities of the City that make Brooklyn Center a
desirable place to live and work.
Objectives
a) Seek the expansion and restoration of Brookdale and
strengthen its position as a regional mall.
b) Develop a proactive market expansion program for local
business creating job retention and expansion.
C) Reduce and /or restructure the number and type of multiple
dwelling units to be more consistent with market demand
and future needs.
-1-
d) Develop neighborhood revitalization programs.
e) Develop a positive image of Brooklyn Center and the north
metro area as a place to live and work.
f) Create a sense of community through pursuit of a
neotraditional style of town planning and building
architecture.
g) Pursue a path along the line outlined in the Wilson
Quarterly Article of Winter 1992 entitled, "The Second
Coming of the American Small Town."
h) Avoid becoming an urbanized suburb and avoid becoming an
"edge city ", as written about in the book Edge City
i) Be creative, innovative, open- minded and persuasive.
Comprehensive Plan
a) Review and update as necessary to facilitate
redevelopment in our commercial /industrial base as well
as the revitalization of our neighborhood, address
conflicts between the Maxfield Studies and Year 2000
Study and the comprehensive plan and resolve the same,
and establish a review /update process for the
comprehensive plan and other policies relating to the
development of the community and assure that such
documents continue to serve the purpose for which they
are intended. The process established should provide for
public involvement in the policy developed.
b) Reevaluate existing ordinances that conflict with the
final resolution of item (a) .
C) Establish key redevelopment areas (note Maxfield Study)
within the City. Designate the same as redevelopment
districts with overlaying P.U.D. zoning.
d) Revise the Comprehensive Plan and Ordinance to reflect
the objectives stated above, particularly letters f, g,
h and i.
e) Remove some traditional suburban barriers to create
development by reducing setback requirements or parking
space and location requirements.
Brookdale
a) Encourage owners to update and expand the center in order
-2-
to maintain its regional and market niche.
b) Promote Brookdale as a mass transit hub and provide
convenient, frequent and reliable transit to Brookdale.
C) Consider potential financial incentives for Brookdale to
expand, including appropriate special legislation, if
necessary.
d) Establish a Brooklyn Center presence in Brookdale - a
Brooklyn Center booth or Earle Brown Heritage Center
booth.
Business Expansion/Retention
Note: At the 1992 EDA work session it was suggested that
this section be deleted unless it relates to
Brooklyn Center planning and development issues.
This section is included so the EDA can edit out
the areas not pertinent to planning and development
issues.
a) Establish a group within north metro to create a joint
"local economy ".
1) Membership to include *communities, area *colleges
and vo- techs, •businesses located within the
defined area, •community leaders and •other
interested parties.
2) Survey business (existing).
a) product /service
b) number of employees
c) trade area
d) expansion capacity in facility
e) materials and services used - where purchased
f) needs that City can address
3) Analysis of data.
4) Develop marketing strategies.
a) joint purchasing
b) encourage trade with defined "local economy"
C) develop new markets for local products outside
of local economy
d) develop new products that can be produced in
local economy
b) Encourage expansion within local economy on the part of
participating businesses.
C) Ultimate goal is to define "local economy" as north metro
area and seeing existing local businesses create jobs
(not minimum wage) in the north metro area.
d) Search for, discover and design a downtown Brooklyn
Center. Make us a main street.
e) Buy Brooklyn Center or buy North Metro program.
Life Style Issues
a) Pursue restaurant development that offers a variety of
dining choices. Note: There are 58 restaurants in the
Twin Cities area defined as moderately expensive ($20.00 -
$30.00 per entree). In the northwest metro area there
are five such restaurants, none of which are located in
Brooklyn Center.
b) Pursue the development of a theater (Old Log) in Brooklyn
Center.
C) Pursue the development of a concert hall in Brooklyn
Center.
d) Consider greater use of the Mississippi River as a
recreational asset.
e) Set up a community that invites people to walk, bike,
bus, or wheelchair around the City. Movement of cars is
less important than movement of people.
f) Use P.U.D. ordinances to mix and merge multiple uses on
single lots. Examine housing above businesses for low
income or employees.
g) Foster an education ethic - attract book shops,
newsstands, schools and colleges.
h) Search for, discover and design a plan for a downtown
Brooklyn Center. Make us a main street.
i) Build buildings closer to the style exemplified by the
-4-
Earle Brown Heritage Center. That is, more to human -
scale and less glass, concrete and steel box buildings.
Community Promotion
a) Develop new general information packets.
b) Develop a north metro and /or Brooklyn Center video.
C) Promote a major "fine arts festival ". (Suggested niche:
"Americana ").
d) Consider/ promote a music festival in the area. (Country,
jazz, blues, gospel).
e) Establish an annual developers' appreciation day as a
part of a north metro event of Brooklyn Center only.
f) Consider media placements (ads) to create an awareness of
Brooklyn Center and a positive image.
g) Integrate promotional roles of communications
coordinator, volunteers, commissions and committees with
this new direction in development.
SINGLE - FAMILY HOUSING ISSUES
1. Develop marketing program for single - family lots currently owned by EDA.
Presently, the EDA has 10 lots available (including the lots turned back to the
City by MNDOT).
a. Consider using realtors to list properties and bring qualified builders to
develop the lots.
b. Develop marketing /finance package for qualified builders including
construction financing through local banks. Encourage mix of new home
values.
2. Reduce use of Community Development Block Grant (CDBG) funds to acquire
single - family properties due to limitation of redevelopment options on CDBG
funded acquisitions.
3. Investigate options for working with the Hennepin County Housing and
Redevelopment Authority (HRA) to create funding mechanisms such as a bonding
program for rehabilitation and remodeling of single- family properties.
4. Continue to work with Minnesota Housing Finance Agency (MHFA) on housing
programs.
a. Continue to participate in the Minnesota City Participation Program
(MCPP).
b. Continue to work with MHFA on purchase /rehabilitation mortgage
concept.
C. Work with MHFA to increase promotion and use of MHFA's home
improvement loan programs, including the "Fix Up Fund" and "Energy
Loan" programs.
5. Consider purchase and rehabilitation of foreclosed single- family properties on a
limited basis.
6. Investigate options (pros and cons) of targeting single- family redevelopment to
specific areas of City neighborhoods.
7. Consider creating a marketing program targeting specific groups, including first-
time home buyers and employees of area's largest employers.
NEIGIIBORIIOOD ISSUES
1. Continue Earle Brown Neighborhood Housing Advisory Committee, but consider
expansion of this type of committee to smaller geographical areas. Rather than
organizing large neighborhoods, the focus would be on block -by -block
organization similar to a neighborhood watch group. With a smaller geographical
area for the organization, neighbors may be better able to address issues such as
problem properties in their neighborhood.
2. Continue to work with Chamber of Commerce, realtors, schools and apartment
managers and owners to market the City. As evidenced by the City /Chamber-
sponsored Brooklyn Center Realtors Day event, there is a constant need for
information in the residential real estate process, including information on
schools, services, safety, taxes, etc. This "information gap" provides an
opportunity for countering misinformation about the City.
3. Investigate resources, both City and outside organizations, to promote and
conduct workshops for potential home buyers on "ownership readiness ", finance,
home maintenance, etc. Include topics of special interest for home buyers with
special needs, such as persons with physical disabilities.
4. Continue to develop P demonstration/ ilot projects in neighborhoods such as the
rental to owner conversion program and landscape demonstration program
currently being considered by the Earle Brown Neighborhood Housing Advisory
Committee. Consider a pilot project to address the issues relating to the redesign
of post -World War II housing to keep it as a viable, competitive housing choice.
5. Review current City building maintenance code with regard to sections addressing
exterior maintenance to determine if any improvements can be made.
2
3c4
MEMORANDUM
TO: Mayor Todd Paulson
Councilmember Kristen Mann
Councilmember Dave Rosene
Councilmember Barb Kalligher
Councilmember Celia Scott
FROM: Gerald G. Splinter, City Manager
DATE: June 17, 1993
SUBJECT: PROGRAM /COST CENTER BUDGET
Attached please find two examples of this type of budget format. One from
assessing and one from public works.
Please remember these are "Preliminary" and subject to change. I would expect
that in the presentation of the 1994 budget we will be submitting these two
budgets in both the "line item" and "program /cost center" formats. If the
Council approves, we recommend going to the "program /cost" format for all
divisions in the 1995 budget.
Attachments
Assessing Department
1994 Budget Request
The Assessing Department is a General Government GOALS:
function in the activity of Financial Administration. The * Maintain a high quality assessment.
department is managed by the City Assessor. * Perform reinspections required by Statute
* Manage appeals effectively
The purpose of this department is the valuation and * Provide public information
classification of all property as of the assessment ` Assist other departments
date. Beyond the initial assessment, the department
responds to appeals at various levels. Assistance is STAFFING:
given to other City departments on valuation, tax, and 1 City Assessor
related issues. Assessing also manages the data 1 Appraiser II
located in the Property Data Systems and assists 1 Assessment Technician
users of the information. 1 Assessing Secretary
4 FTE
PROGRAMS: Percent of Budget
Residential Appraisal 46%
Non - Residential Appraisal 14%
Appeals 30%
Special Assessments 10%
100%
Actual Actual Adopted Estimated Requested Percent
Budget 1991 1992 1993 1993 1994 Change
(A93 -R94)
Personnel $173,009 $174,039 $176,670 $175,761 $186,123 5.35%
Supplies $1,221 $3,496 $4,100 $3,500 $3,600 - 12.20%
Services $3,090 $3,348 $10,025 $6,053 $10,205 1.80%
Dues&Subscr. $1,005 $1,140 $1,325 $1,325 $1,325 0.00%
Capital $0 $1,741 $0 $0 $3,500
Contingency $0 $0 $0 $0 $0
Total $178,325 $183,764 $192,120 $186,639 $204,753 6.58%
Staffing 4.75 4.25 4 4 4
(FTE)
Assessing is Unit # 115
6/14/93
DEPARTMENT: Assessing (115) PROGRAM: Residential Appraisal
Activity Description
Minnesota Statutes, 273.08, require: 'The assessor shall actually view, and determine the
value of each tract or lot of real property listed for taxation, including the value of all improvements
and structures thereon, at maximum intervals of four years and shall enter the value opposite
each description ". This activity satisfies this requirement as each residential property is
viewed and physical characteristics verified or updated. This program also includes
administering the homestead laws and other classification issues.
Policies
1) Areas are selected on a geographic basis in order to concentrate activity.
2) Previous assessments reviewed to consider targeting deficient areas.
3) All exteriors viewed and two dimensions verified. Appraiser's judgment on
whether or not to verify interior details.
4) Property owners notified in advance of activity by letter.
5) Tag and follow -up letter if interior inspection is necessary.
6) If not entry is allowed, assumption factor added to following assessment(s).
7) No interior inspections made without owner's consent.
1994 Objectives
1) Inspect approximately 2400 properties.
2) Maintain Coefficient of Dispersion at less than 6.5 %.
3) Fully implement the use of Pen -based PCs for data collection.
4) Adapt to and integrate new legislation on classification and valuation.
Requested 1994 Budget Staff Allocation
Personnel $87,192 Assessor 10%
Supplies $2,520 Appraiser II 90%
Services $2,041 Assessment Technician 75%
Dues & Subscr. $530 Assessing Secretary 20%
Capital $1,750
Contingency $0
Total $94,033
Percent of Total Dept. Budget 46%
Comment
This program is the largest in the Assessing budget and impacts the greatest number
of property owners. As the appeal load has increased and resources tightened, we
have reduced the time and dollars spent on this program. Historically, we reviewed 98 %
of the properties, both exterior and interior. This is no longer possible as it is too time
consuming. Now, if the appraiser believes the data on our records from previous inspections
is complete and unchanged, no interior inspection is made. The 1993 legislature made
significant changes to the statues pertaining to valuation. Specifically, limited market
value and deferred values of improvements were passed. These will require revisions to
our computer systems and additional staff time to analyze each property. Finally, the
pen -based computers acquired in 1993 will be thoroughly tested and should be of full
benefit to the appraisers.
6/14/93
DEPARTMENT: Assessing (115) PROGRAM: Non - Residential Appraisal
Activity Description
Minnesota Statutes, 273.08, require: "The assessor shall actually view, and determine the
value of each tract or lot of real property listed for taxation, including the value of all improvements
and structures thereon, at maximum intervals of four years and shall enter the value opposite
each description ". Unlike residential inspections, the main characteristics of non - residential
properties are their economics, not simply physical characteristics. Therefore, to fully analyze
an income - producing property, one must review the operating results of the property and the
market in which it operates. As owners are reluctant to provide this data, we usually do not have
the necessary information until an appeal is filed. Therefore, while the exteriors are verified
in accordance with statute, a complete review is not possible at that point.
Policies
1) All non - residential properties are briefly reviewed annually for significant changes.
2) Priority is given to property types in transition and properties experiencing abnormal occupancy.
3) Specific properties are discussed with owners, representatives, other assessors and City staff.
4) Whenever possible, deal with property owner directly and at the time of the assessment.
5) Maintain a file of questions /problems to investigate for the next assessment.
6) Respond to inquiries promptly; however, priority given to scheduled cases.
1994 Objectives
1) Complete market overview by January 15, 1994
2) Report all values to Hennepin County by January 27, 1994
3) Update physical data on industrial buildings in mid -94.
4) Adapt to and integrate new legislation on classification and valuation.
Requested 1994 Budget Staff Allocation
Personnel $25,983 Assessor 28%
Supplies $360 Appraiser II 5%
Services $1,021 Assessment Technician 5%
Dues & Subscr. $530 Assessing Secretary 10%
Capital $700
Contingency S0
Total $28,594
Percent of Total Dept. Budget 14%
Comment
With the increase in the number and complexity of appeals in the past several years,
we have reduced the resources spent on inspection and appraisal of non - residential
property, and placed the emphasis on the appeals. While it seems foolish to reduce
resources at a time when the initial assessment is more important, there was no alternative.
Very few parcels have not been appealed at least once in the past four years, so we are,
in a fashion, completing thorough reviews through the appeals rather than by inspection.
Information that is gathered for appeals is utilized to adjust similar properties on subsequent
assessments. Surveys of income producing properties that had been mailed annually
have been reduced or eliminated due to lack of response. Instead, industry sources are
utilized and individual requests made.
6/14/93
DEPARTMENT: Assessing (115) PROGRAM: Appeals
Activity Description
After making the assessment each year, the Assessor defends that assessment at several levels.
Informal appeals are made directly by property owners following receipt of their value and
classification notice, appeals are made to the Board of Equalization, applications for abatements
are filed, or petitions are filed in the Minnesota Tax Court. Over the past several years, the number
of petitions filed has increased from 44 in 1989 to 103 in 1993. Beyond the increase in numbers,
these cases have become more complicated and time - consuming as issues such as ground
water contamination, business enterprise, and bankruptcy litigation have been raised and analyzed.
Policies
1) All reductions are appraisal based.
2) Assessor consults Hennepin County Attorneys office on legal matters.
3) Attempt to resolve issues before first trial setting .
4) Review decisions of the Tax Court and reflect in similar fact situations.
5) Limit exposure to as few assessment years as possible.
6) Communicate with elected officials and other agencies to advise of situation.
1994 Objectives
1) Contact petitioner upon receipt of setting to request data.
2) Complete analysis and report 30 days following receipt of data.
3) Review findings with Hennepin County Assessor's and Attorneys offices
4) Attempt appraisal -based resolution or proceed to trial.
Requested 1994 Budget Staff Allocation
Personnel $53,868 Assessor 60%
Supplies $360 Appraiser II 5%
Services $6,123 Assessment Technician 15%
Dues & Subscr. $265 Assessing Secretary 20%
Capital $700
Contingency $0
Total $61,316
Percent of Total Dept. Budget 30%
Comment
Following the over - building of the 1980's and the Tax Reform Act of 1986, commercial,
industrial, and apartment values have fallen dramatically. Coupled with a credit or equity
crunch in the early 1990's and new wetland and watershed requirements, values have
fluctuated and market activity slumped. Minnesota has extremely high tax rates on non-
residential property and attorneys have found fertile ground for appeals. Therefore, we
have had to significantly shift resources to analysis and defense of these appeals.
If an adequate defense is not made, attorneys representing owners will seek and receive an
advantageous assessment, not simply a fair assessment. As reductions and refunds have
been made, the loss of anticipated revenues to jurisdictions has become critical. We will
continue to advise the City and local school boards on anticipated losses.
0
6/14/93
DEPARTMENT: Assessing (115) PROGRAM: Special Assessments
Activity Description
Special Assessments are maintained on the Special Assessments module of the Property
Data System (PDS) . This is a computerized application through LOGIS. Special Assessments
occur from improvement projects or unpaid items such as weed destruction or utility bills.
Specific assessment amounts and affected parcels are reported to Assessing by Finance,
Public Works, or other departments and the data is entered. Reports of pending, certified,
and other assessments are available for public inspection. Reports are made to Hennepin
County as levies are certified. Search reports are provided to various users for a fee.
Policies
1) Accuracy of records is primary goal, with updates and revisions as needed.
2) Current Search fee is $15.00.
3) One Search per owner per year at no cost.
4) No Special Assessment information given orally.
5) Current reports available for review at no cost.
6) Tasks coordinated annually with other departments to eliminate errors.
1994 Objectives
1) Implement Public Inquiry on terminal to eliminate report updates.
2) Reduce administrative costs and time.
3) Utilize Local Area Network(LAN) to improve coordination between departments.
Requested 1994 Budget Staff Allocation
Personnel $19,081 Assessor 2%
Supplies $360 Appraiser II 0%
Services $1,021 Assessment Technician 5%
Dues & Subscr• $0 Assessing Secretary 50%
Capital $350
Contingency $o
Total $20,812
Percent of Total Dept. Budget 10%
Comment
Assessments are levied against benefitting properties for improvements and against
delinquent properties for City services. Errors expose the City to further costs. Therefore,
every effort is made to prevent errors and coordinate this activity between departments.
Currently, printed reports are updated or replaced manually. We propose to replace the
reports with an on -line terminal to be used by the public. This will address objective # 2.
6114193
(IBJOCOR)
CITY OF BROOKLYN CENTER
GENERAL FUND BUDGET
JUSTIFICATION OF CAPITAL OUTLAYS REQUESTS
1. Department: ASSESSING Dept. # 115 Object #: 4551
2. Give description and quantity of item requested. Indicate
date desired.
4 - Adjustable Chairs
4 - Computer Stands
3. Describe the necessity for and /or benefits or savings
expected from this item.
Current chairs and office furniture are not adjustable and
were purchased before current computers. Employees report
increasing strain from improper positions. Proper chairs
and computer stands will increase efficiency and reduce
possibility of workers compensation claims.
4. If the item requires an increase in personal services for
the activity, state the job titles contingent upon the item.
None
5. Indicate any expenses necessary to place this item in
operation and whether these expenses are included in your
budget request.
None
6. List any item which will be replaced by this purchase.
State recommendations for disposition of this item. For
example, trade -in salvage, discard, ect.
4 chairs for trade -in or sale at auction.
7. Estimated Net Cost: $ 3,500
Quantity Unit Cost Total Cost Trade -in Net Total Cost
4 chairs 375 1,500 ? 1,500
2 computer
stands 750 1,500 0 1,500
2 computer
stands $ 250 $ 500 $ 0 $ 500
$ 3,500
CITY 6301 SHINGLE CREEK PARKWAY
OF BROOKLYN CENTER, MINNESOTA 55430
BROOKLYN TELEPHONE: 569 -3300
13 C ENTER FAX: 569 -3494
EMERGENCY - POLICE - FIRE
911
June 17, 1993
TO: Mayor Paulson
Councilmember Kalligher
Councilmember Mann
Councilmember Scott
Councilmember Rosene
FROM: Sy Knapp, Director of Public Works
SUBJ: Preliminary Draft Public Works Program Budget
Enclosed is a preliminary draft of a program budget for the Public Works Department. Our intent for
1994 is to prepare the budget requests for the eight divisions of the Public works Department
(Government Buildings Maintenance, Engineering, Street Maintenance, Vehicle Maintenance, Traffic
Signals, Street Lights, Weed Control, and Park Maintenance) in the usual manner, and to also provide
the budget request in a program -based format.
Our goals in developing a program -based format are to provide information which is more useful to
the Council and to the public, and which can be relatively easily accomplished using our existing
accounting, payroll, and financial reporting systems.
The draft format considers the eight Public Works divisions as a single Public Works Department.
The department is then organized into eighteen programs - "cost centers," or whatever it is desired to
call them.
The programs which we've identified generally represent our major activity areas. Some particular
areas have been broken out because they represent services which are often singled out for question
or comment. Within these programs are "subprograms." These are more detailed activities, and are
the level at which employees record their time and at which costs are accounted. For example, within
the Street Maintenance program are the activities patching, sealcoating, sweeping, boulevard
maintenance, etc. We would continue to account for time and materials at the subprogram level, but
would summarize these activities and budget for them as Street Maintenance.
Please spend some time reviewing these programs. The "Activity Scope" section provides a broad
description of what is included in the program, and the listing of subprograms provides detailed
information about what is included.
1996ALLAMF1iCApT'!
Are these the "right" programs? Are there additional programs you'd like to see? Are some
programs not as important to break out?
We are beginning to fill in the program information with 1992 expenditures, 1993 budgets and 1994
budget requests. It is important to note that we are in the midst of changing how we account for
time, especially what we have in the past called "administration." In the past we have used that as a
catch -all, and were not careful to note specifically what we were working on. As we train ourselves
to think of our time as "billable hours," the expenditures shown as administration will decrease.
However, it will be several years of rethinking how we account for time and materials before we can
be confident that what is shown as being budgeted for the programs reflect the true cost of providing
those services.
Central Garage
Note that the proposed program budget includes one program called "Central Garage Services."
According to the City's auditor's suggestion, we will be preparing to implement a Central Garage for
1994. The Central Garage concept is to estimate the true, entire cost of providing maintenance
services to the fleet - repair and maintenance, fuel, parts, etc., plus the cost of maintaining the shop
building, such as utilities, shop equipment, and building depreciation plus the cost of data processing,
clerical support, and supervision. This cost is then charged out as a basic rental charge plus charges
for actual repairs, fuel use, etc. Some of this is being done now, with for example the various public
utilities funds being charged a lump sum amount for vehicle maintenance.
Carrying this concept further, it is possible that in the next few years we would establish a rental
charge for government building maintenance. The cost of custodial service, repair, maintenance, etc.
would be charged out to individual departments and programs. A third area would be charging for
data processing services.
This type of approach would be necessary if we wish to show the true overall cost of providing
specific services. Taking this approach to its extreme, however, is very difficult and time - consuming
to establish and to maintain. Simply to implement the Central Garage, we will be presenting a
request in the near future for an additional person to provide that and other data processing services.
PRELIMI
NOTE: Does not include capital outlay or leave hours VERY VERY PRELIMINARY
1992 1993 1993
PROGRAM Expenditures Budget Requested
Snow & Ice Control $76,341
Street Maintenance $324,070
Storm Drainage Services $49,811
Traffic Control $124,991
Street Lights $126,519
Grounds Maintenance $84,828
Park Facilities Maintenance $134,087
Public Building Maintenance $868,532
Sidewalks & Trails $25,298
Forestry $41,602
Ice /Hockey Rinks $38,433
Maint for Recreation Programs $75,978
Weed Control $3,567
Central Garage Services $460,295
Engineering Services $55,159
Improvement Projects $82,366
Enterprise Funds Services
General Services $426,879
Other
TOTAL
PRELIMINARY
DEPARTMENT: Public Works PROGRAM: Street Maintenance
ACTIVITY SCOPE
This activity provides for the maintenance of city streets, including patching, seal coating, street
sweeping, and crack sealing.
POLICIES
1. Utilize the recommendations of the Pavement Management Program to determine the annual
g g
sealcoating program.
2. Crack seal all arterials annually.
3. Do not atch an street with a Pavement Management Program rating of 25 or less.
P Y g g g
4. Sweep all streets twice yearly.
5. Continue the use of small trap rock on residential streets, and larger trap rock on higher
traffic streets which are being sealcoated.
OBJECTIVES FOR 1994
1. Evaluate the efficacy of crack sealing on residential streets.
SUBPROGRAMS
1. Sealcoat Patching
2. General Patching
3. State Aid Street Patching
4. Sealcoating
5. State Aid Street Sealcoating
6. Sealcoat Sweeping
7. General Sweeping
8. State Aid Street Sweeping
9. Boulevard Maintenance
10. SAS Boulevard Maintenance
WORKLOAD DATA
1992 1993
Tons of Patch Material
Miles of Streets Sealcoated
Miles of Streets Maintained
Tons of Sweepings Dumped
FTE 1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
10 Full Time City Engineer
210 Full Time Engineering Technicians
Full Time Pub Works Superintendent
275 Full Time Street & Parks Supervisor
Full Time Lead Maintenance Tech
7225 Full Time Maintenance Tech II
1110 Seasonal Laborer
50 Overtime
BUDGET COMMENTARY
No significant changes were proposed in the budget. Materials costs were increased to reflect
anticipated _% increase in costs. The sealcoating contract is estimated to be $140,000. The
Pavement Management Program will continue to be used to guide maintenance strategies.
BUDGET: Street Maintenance
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted
REVENUES:
Intergovernmental $75,000
Storm Drainage Utility $60,000
General Fund $189,070
TOTAL $324,070
EXPENDITURES:
Personal Services $160,119
Supplies $157,848 $209,180
Other Services $6,103 10,650
SUBTOTAL $324,070
Capital Outlay 0
TOTAL $324,070
DEPARTMENT: Public Works PROGRAM: Snow & Ice Control
ACTIVITY SCOPE u
Ju' 1'
z
Includes snow plowing of streets and alleys, sidewalks, trails, and government building parking lots.
Ice control including salting and sanding. Snow removal from boulevards and medians, and show
hauling.
POLICIES
L
2.
3.
4.
5.
OBJECTIVES FOR 1994
1.
2.
SUBPROGRAMS
1. SAS Snow Plowing 12,
2. SAS Ice Control 13.
3. Repair & Install Snow Plows 14.
4. Street & Alley Plowing 15.
5. Snow Hauling 16.
6. Ice Control 17.
7. Snow Removal for Hennepin County 18.
8. Sidewalk Snow Removal 19.
9. Plowing for Public Utilities 20.
10. Trail Snow Removal 21.
11. 22.
WORKLOAD DATA PRELIM IuN i7 y
1992 1993
Number of times plows out
Number of times salt /sand
Amount of salt /sand used
1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
Full Time
150 Full Time Street Supervisor
2250 Full Time Maintenance II
500 Overtime
BUDGET COMMENTARY
BUDGET: Snow & Ice Control
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted"
REVENUES:
General Fund $76,341
$
TOTAL $76,341
EXPENDITURES:
Personal Services $48,320
Supplies $28,021 $47,050
Other Services $
SUBTOTAL $76,341
Capital Outlay 0
TOTAL $76,341
RE11M19
DEPARTMENT: Public Works PROGRAM: Storm Drainage Services
ACTIVITY SCOPE
This activity includes planning and management of storm drainage and water quality systems for both
the two watersheds (Shingle Creek and West mississippi) and the City. Also includes the maintenance
of storm drainage structures in the City, including storm sewer and catch basin repair, and
maintenance of ponds and ditches.
POLICIES
1.
2.
3.
4.
5.
OBJECTIVES FOR 1994
1.
2.
SUBPROGRAMS
1. Watershed Administration 12.
2. Watershed Clerical 13.
3. Storm Drainage Administration 14.
4. Local Plan 15.
5. SAS Storm Sewer 16.
6. Grate Cleaning 17.
7. Line Thawing 18.
8. Manhole /Catch Basin Repair 19.
9. Pond Maintenance 20.
10. Lakes & Streams 21.
11. Ditches 22.
N Y §1� Ai
I
, dal �' '{ I - t
WORKLOAD DATA 'y t `?
1992 1993
Miles of storm sewer maintained
Number of catch basins maintained
1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
200 Full Time Director of Public Works
150 Full Time City Engineer
50 Full Time Public Works Coordinator
100 Full Time Engineering Secretary
50 Full Time Engineering Technicians
100 Full Time Street Supervisor
1450 Full Time Maintenance 11
250 Seasonal Laborer
30 Overtime
BUDGET COMMENTARY
BUDGET: Storm Drainage Services
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted
REVENUES:
Intergovernmental $
Storm Drainage Utility $40,000
General Fund $9,811
TOTAL $49,811
EXPENDITURES:
Personal Services $47,359
Supplies $2,452 $10,000
Other Services $
SUBTOTAL $49,811
Capital Outlay 0
TOTAL $49,811
P R . L
DEPARTMENT: Public Works PROGRAM: Traffic Control
ACTIVITY SCOPE
This activity provides for signs, pavement markings, and traffic signals operations and maintenance.
POLICIES
1.
2.
3.
4.
5.
OBJECTIVES FOR 1994
1.
2.
SUBPROGRAMS
1. SAS Signs & Markings 12.
2. Sign Shop 13.
3. Sign Installation and Maintenance 14.
4. Painted Markings 15.
5. Preformed Markings 16.
6. Signal Lambing - Contractual 17.
7. Signal Lambing - Noncontractual 18.
8. Signal Electrical Service 19.
9. 20.
10. 21.
11. 22.
I
WORKLOAD DATA '
1992 1993
Number of signs maintained
Number of pavement markings
Number of signal systems operated
1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
20 Full Time Supervisor
3350 Full Time Maintenance 11
575 Seasonal Laborer
40 Overtime
BUDGET COMMENTARY
BUDGET: Traffic Control
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted
REVENUES:
General Fund $124,991
$
$
TOTAL $124,991
EXPENDITURES:
Personal Services $60,855
Supplies $31,509 $37,210
Other Services $32,627 $39,000
SUBTOTAL $124,991
Capital Outlay 0
TOTAL $124,991
PRELIMINIAbrly
x a IN VIA
DEPARTMENT: Public Works PROGRAM: Street Lighting
ACTIVITY SCOPE
Provides primarily for electrical and maintenance fees paid to NSP for street lights owned by NSP.
Also provides for electrical service, maintenance, repair, and replacement of lights owned by the
City.
POLICIES
1.
2.
3.
4.
5.
OBJECTIVES FOR 1994
1.
2.
SUBPROGRAMS
1. Street Light Maintenance 12.
2. Electrical Service 13.
3. 14.
4. 15.
5. 16.
6. 17.
7. 18.
8. 19.
9. 20.
10. 21.
11. 22.
WORKLOAD DATA
1992 1993
Number of lights owned by NSP
Number of lights owned by the City
1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
BUDGET COMMENTARY
BUDGET
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted
REVENUES.
General Fund $126,519
$
$
TOTAL $0
EXPENDITURES;
Personal Services $
Supplies $
Other Services $126,519
SUBTOTAL $126,519
Capital Outlay 0
TOTAL $126,519
PREI Ali,, Jim
DEPARTMENT: Public Works PROGRAM: Grounds Maintenance
ACTIVITY SCOPE
Includes mowing and weed control for all City properties: government buildings, parks, trails, etc.
Also includes miscellaneous grounds maintenance such as flower, nodes, and streetscape maintenance,
litter picking, trash hauling, and Adopt- A- Park/Trail /Street program administration.
POLICIES
1.
2.
3.
4.
5.
OBJECTIVES FOR 1994
1.
2.
SUBPROGRAMS
1. Adopt- A- Park/Street /Trail 12. Trail Weed Control
2. River Ridge Park 13. Nodes & Streetscape Maint
3. Park Mowing 14. Litter Picking
4. Trail Mowing 15. Trash Hauling
5. ROW Mowing 16. Flower Maintenance
6. Govt Bldgs Mowing 17. Civic Center Grounds
7. Utility Bldgs Mowing 18. Liquor Stores Grounds
8. County Property Mowing 19. Fire Stations Grounds
9. Fertilizing /Seeding /Aerating 20. Civic Center Snow Removal
10. ROW Weed Control 21. Weed Cutting
11 Weed Control. 22.
C
WORKLOAD DATA
�T
1992 1993
Hours spent mowing parks
Number of City facilities adopted
1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
2030 Full Time Maintenance II
3150 Seasonal Laborer
240 Full Time Maintenance Custodian
20 Full Time Lead Custodian
270 Part Time Maintenance Custodian
10 Overtime Maintenance II
15 Overtime Maintenance Custodian
BUDGET COMMENTARY
BUDGET: Grounds Maintenance
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted
REVENUES:
General Fund $84,828
$
$
TOTAL $84,828
EXPENDITURES:
Personal Services $66,379
Supplies $11,373 $27,500
Other Services $6,201 1 $9,400
SUBTOTAL $83,953
Capital Outlay 875
TOTAL $84,828
P P , 4 El [AIINA, R j r.
DEPARTMENT: Public Works PROGRAM: Park Facilities Maintenance
ACTIVITY SCOPE
Includes maintenance and repair of playground equipment, park shelters, and other miscellaneous
equipment and facilities such as irrigation sprinklers, picnic tables and benches, bleachers, and
restroom and dumpster enclosures.
POLICIES
1.
2.
3.
4.
5.
OBJECTIVES FOR 1994
1 .
2.
SUBPROGRAMS
1. Playground Equipment Install 12.
2. Playground Equipment Repair 13.
3. Vandalism Repair 14.
4. Equipment Repair 15.
5. Sprinkler Maintenance 16.
6. Park Facilities Maintenance 17.
7. Building Repair 18.
8. Building Utilities Charges 19.
9. 20.
10. 21.
11. 22.
F
1
WORKLOAD DATA
1992 1993
Number of playgrounds maintained
Number of shelters maintained
1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
3420 Full Time Maintenance II
900 Seasonal Laborer
25 Overtime
BUDGET COMMENTARY
BUDGET: Park Equipment Maintenance
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted
REVENUES:
General Fund $134,087
$
TOTAL $134,087
EXPENDITURES:
Personal Services $62,682
Supplies $12,405 $12,500
Other Services $58,550
SUBTOTAL $133,637
Capital Outlay 450 1 63,900
TOTAL $134,087
DEPARTMENT: Public Works PROGRAM: Public Buildings Maintenance
ACTIVITY SCOPE
Provides for custodial and maintenance services for the Civic Center complex, the City Garage, the
two fire stations, and the Humboldt Square police substation, Some maintenance is provided for the
liquor stores.
POLICIES
1.
2.
3.
4.
5.
OBJECTIVES FOR 1994
1.
2.
SUBPROGRAMS
1. Govt Buildings Admin 12. Standby
2. Custodial Service 13.
3. Carpet and Floor Cleaning 14.
4. Room Setups 15.
5. Furniture and Equipment Moving 16.
6. Maintenance and Repair 17.
7. Pool Shutdown 18.
8. Pool Filters 19.
9. Locker Rooms 20.
10. Pool General Maintenance & Repair 21.
11. Water Slide Maintenance and Repair 22.
NOTE: Some Community Center maintenance costs are budgeted in the Recreation Department
WORKLOAD DATA }
1992 1993
1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
1960 Full Time Supervisor
0* Full Time Lead Custodian
0* Full Time Custodian
760* Full Time Maintenance Custodian
2500 Part Time Custodian
1500 Part Time Maintenance Custodian
250 Overtime Maintenance Custodian
* In 1993 the Lead Custodian and Custodian, and '/z the Maintenance Custodian began being
budgeted in the Recreation Department, Division 167
BUDGET COMMENTARY
BUDGET: Public Buildings Maintenance
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted
REVENUES:
General Fund $434,266
$
TOTAL $434,266
EXPENDITURES:
Personal Services $226,188
Supplies $19,676
Other Services $160,109
SUBTOTAL $405,97
Capital Outlay 28,293
TOTAL $868,532
DEPARTMENT: Public Works PROGRAM: Sidewalks & Trails
7
ACTIVITY SCOPE PRELIMIIK'
Maintenance and Repair of sidewalks and trails, including patching, sealcoating, and minor sidewalk
replacement. Also includes the cost of operating and maintaining trail lights.
POLICIES
1.
2.
3.
4.
5.
OBJECTIVES FOR 1994
1.
2.
SUBPROGRAMS
1. Sidewalks & Trailways (Eng) 12.
2. SAS Sidewalks 13.
3. Sidewalk Maintenance 14.
4. Trail Maintenance: Other 15.
5. Trail Patching and Sealcoating 16.
6. Trail Lights 17.
7. 18.
8. 19.
9. 20.
10. 21.
it. 22.
0
WORKLOAD DATA li 1,
1992 1993
Miles of sidewalk maintained
Miles of trail maintained
Number of trail lights
1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
50 Full Time Engineering Tech
50 Full Time Supervisor
750 Full Time Maintenance II
175 Seasonal Laborer
25 Overtime
BUDGET COMMENTARY
BUDGET: Sidewalks & Trails
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted
REVENUES:
General Fund $25,298
$
$
TOTAL $25,298
EXPENDITURES:
Personal Services $16,603
Supplies $8,695 $19,900
Other Services $
SUBTOTAL $25,298
Capital Outlay 0 _J
is TOTAL $25,298
DEPARTMENT: Public Works PROGRAM: Forestry
ACTIVITY SCOPE
Provides for maintenance of park and boulevard trees, and for reforestation on public lands and
programs targeted for residential properties. Also provides for the operation of the Diseased Tree
Program.
POLICIES
C ES
1.
2.
3.
4.
5.
OBJECTIVES FOR 1994
1.
2.
SUBPROGRAMS
1. Diseased Tree Admin 12. Blvd Tree Removal
2. Diseased Tree Inspection 13. Storm Damage
3. Research and Special Projects 14.
4. Residential Reforestation 15.
5. Park Tree Removal 16.
6. Park Tree Trimming 17.
7. Park Tree Planting 18.
8. Park Tree Watering 19.
9. Blvd Tree Trimming 20.
10. Blvd Tree Planting 21.
11. Blvd Tree Watering 22.
WORKLOAD DATA
C.i
1992 1993
Number of boulevard /park trees planted
Number of diseased trees marked for removal
1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
50 Full Time Public Works Coordinator
200 Full Time Engineering Secretary
125 Full Time Supervisor
1225 Full Time Maintenance 11
200 Seasonal Laborer
50 Overtime
BUDGET COMMENTARY
BUDGET
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted
REVENUES;
General Fund $40,602
Other $1,000
$
TOTAL $41,602
EXPENDITURES:
Personal Services $29,467
Supplies $276 $500
Other Services $11,859 $24,200
SUBTOTAL $41,602
Capital Outlay 0
TOTAL $41,602
PRELIMItIAR
Is DEPARTMENT: Public Works PROGRAM: Ice /Hockey Rinks
ACTIVITY SCOPE
This activity includes maintenance of ice and hockey rinks, including ice making and maintenance and
facility maintenance.
POLICIES
1.
2.
3.
4.
5.
OBJECTIVES FOR 1994
2.
SUBPROGRAMS
1. Ice Rinks 12.
2. Hockey Rinks 13.
3. 14.
4. 15.
5. 16.
6. 17.
7. 18.
8. 19.
9. 20.
10. 21.
11. 22.
WORKLOAD DATA
1992 1993
Number of ice rinks maintained
Number of hockey rinks maintained
1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
2400 Full Time Maintenance II
160 Seasonal Laborer
50 Overtime
BUDGET COMMENTARY
BUDGET: Ice /Hockey Rinks
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted
REVENUES:
General Fund $38,433
$
$
TOTAL $38,433
EXPENDITURES:
Personal Services $36,569
Supplies $1,864
Other Services $
SUBTOTAL $38,433
Capital Outlay 0
TOTAL $38,433
PRE L I M 1 1111 ', 16 i .
DEPARTMENT: Public Works PROGRAM: Maint for Recreation Programs
ACTIVITY SCOPE
Includes services provided for specific recreation programs.
POLICIES
1.
2.
3.
4.
5.
OBJECTIVES FOR 1994
1.
2.
SUBPROGRAMS
1. Work for Golf Course 12. Athletic Field Maintenance
2. Tennis Court Maint 13.
3. Summer Programs 14.
4. Earle Brown Days 15.
5. Tuesdays in the Park 16.
6. Puppet Wagon 17.
7. City Band 18.
8. Broomball 19.
9. Softball League /Tournaments 20.
10. Dudley Tournament 21.
11. Band Wagon 22.
c.
1
WORKLOAD DATA
► ell
1992 1993
1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
2320 Full Time Maintenance II
580 Seasonal Laborer
85 Overtime
BUDGET COMMENTARY
BUDGET: Maintenance for Recreation Programs
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted
REVENUES:
General Fund $75,978
$
$
TOTAL $75,978
EXPENDITURES:
Personal Services $51,294
Supplies $19,347 $6,500
Other Services $5,337
SUBTOTAL $75,978
Capital Outlay 0
TOTAL $75,978
PRELIMINARY
DEPARTMENT: Public Works PROGRAM: Weed Control
ACTIVITY SCOPE
Provides for the operation of the private property weed control program.
POLICIES
1.
2.
3.
4.
5.
OBJECTIVES FOR 1994
1
2.
SUBPROGRAMS
1. Weed Administration 12.
2. Weed Inspection 13.
3. 14.
4. 15.
5. 16.
6. 17.
7. 18.
8. 19.
9. 20.
10. 21.
11. 22.
YJ
WORKLOAD DATA
1992 1993
1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
70 Full Time Engineering Secretary
160 Full Time Maintenance II
Seasonal Laborer
BUDGET COMMENTARY
BUDGET: Weed Control
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted
REVENUES:
General Fund $3,567
Fees $
$
TOTAL $3,567
EXPENDITURES.
Personal Services $3,567
Supplies $
Other Services $0
SUBTOTAL $3,567
Capital Outlay 0
TOTAL $3,567
PRELIMIiIARY
DEPARTMENT: Public Works PROGRAM: Central Garage Services
ACTIVITY SCOPE
Provides for the operation of the City's maintenance shop, and operation and maintenance of the
City's vehicle and equipment fleet. Also provides for the replacement of vehicles.
POLICIES
1.
2.
3.
4.
5.
OBJECTIVES FOR 1994
1.
2.
SUBPROGRAMS
1. Garage Administration 12.
2. Shop Cleanup 13.
3. Parts Run 14.
4. Inventory 15.
5. Shop Maintenance 16.
6. Equipment Parts 17.
7. Service Equipment 18.
8. Install & Repair Plows & Sanders 19.
9. Vehicle Washing 20.
10. Training 21.
11. 22.
U R
WORKLOAD DATA }
1992 1993
Number of vehicles in the fleet
1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
500 Full Time Supervisor
9000 Full Time Mechanic /Service Person
100 Seasonal Laborer
65 Overtime
BUDGET COMMENTARY
BUDGET: Central Garage Services
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted
REVENUES:
General Fund $460,295
Charges from other $
departments
Water Utility
Sanitary Sewer Utility $
TOTAL $460,295
EXPENDITURES:
Personal Services $163,049
Supplies $248,994 $234,750
Other Services $48,252 $70,150
SUBTOTAL $460,295
Capital Outlay 0
TOTAL $460,295
PRELIMINARY
DEPARTMENT: Public Works PROGRAM: Engineering Services
ACTIVITY SCOPE
this activity includes various services such as: administration of the City's State Aid Street system;
traffic engineering; mapping; review of proposed developments and plats; special assessment
certification; and general field services such as surveying, inspection, and public information.
POLICIES
1.
2.
3.
4.
5.
OBJECTIVES FOR 1994
1.
2.
SUBPROGRAMS
1. General Field 12. Traffic Complaints /Requests
2. Information Archival /Retrieval 13. Signal Studies
3. Platting /Development 14. Street Light requests
4. Site Plan Review 15. GIS Admin
5. Special Assessment Certification 16. General Mapping
6. SAS Needs Report 17. Base Map updates
7. Bridge Inspections 18. Street Maps
8. SAS Project Admin 19. Traffic Studies Maps
9. Traffic Engineering 20. Water Mapping
10. Traffic Counts 21. Sanitary Sewer Mapping
11. Accident Surveys 22. Storm Drainage mapping
1 L 7 ; n
4 t V } Y y Y
WORKLOAD DATA
1992 1993
1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
100 Full Time Director of Public Works
100 Full Time City Engineer
200 Full Time Public Works Coordinator
100 Full Time Engineering Secretary
2050 Full Time Engineering Technician IV.I11
500 Seasonal Engineering Technician I
BUDGET COMMENTARY
BUDGET: Engineering Services
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted
REVENUES:
General Fund $55,159
$
TOTAL $ 55,159
EXPENDITURES:
Personal Services $51,256
Supplies $812
Other Services $2,730
SUBTOTAL $54,798
Capital Outlay 361
TOTAL $55,159
PRF[
DEPARTMENT: Public Works PROGRAM: Improvement Projects
ACTIVITY SCOPE
This activity accounts for engineering services provided for specific improvement projects, including
design, drafting, bidding, contract administration, surveying, and inspection. Also includes some
services for projects in general but not related to specific projects such as standard specifications,
review of standard documents, and materials kept on hand such as drafting paper stock and surveying
supplies.
POLICIES
1.
2.
3.
4.
5.
OBJECTIVES FOR 1994
1.
2.
SUBPROGRAMS
1. General Improvement Projects 12.
2. Projects 13.
3. 14.
4. 15.
5. 16.
6. 17.
7. 18.
8. 19.
9. 20.
10. 21.
11. 22.
0
WORKLOAD DATA
1992 1993
1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
125 Full Time Director of Public Works
300 Full Time City engineer
20 Full Time Public Works Coordinator
450 Full Time Engineering Secretary
3350 Full Time Engineering Technician IV,III
125 Seasonal Engineering Technician I
BUDGET COMMENTARY
BUDGET
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted
REVENUES:
General Fund $
Engineering Reimbursed $
Admin Reimbursed $
TOTAL 1 $0 1
EXPENDITURES:
Personal Services $82,046
Supplies $320 $2,100
Other Services $
SUBTOTAL $82,366
Capital Outlay 0
0 TOTAL $82,366
�r
�F
DEPARTMENT: Public Works PROGRAM: Enterprise Fund Services
ACTIVITY SCOPE
Includes general services provided to the water and sanitary sewer utilities, such as rate studies,
special reports and projects, and maintenance policies and procedures review.
POLICIES
1.
2.
3.
4.
5.
OBJECTIVES FOR 1994
1.
2.
SUBPROGRAMS
1. Water Admin 12.
2. Meter Reading 13.
3. 14.
4. 15.
5. 16.
6. 17.
7. 18.
8. 19.
9. 20.
10. 21.
11. 22.
WORKLOAD DATA
1992 1993
1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
Full Time Director of Public Works
Full Time City engineer
Full Time Public Works Coordinator
Full Time Public Works Superintendent
Full Time Maintenance II
BUDGET COMMENTARY
BUDGET: Enterprise Fund Services
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted
REVENUES:
General Fund $
Water Utility $
TOTAL $0
EXPENDITURES:
Personal Services $
Supplies $
Other Services $
SUBTOTAL $0
Capital Outlay 0
TOTAL 1 $0 1
r
DEPARTMENT: Public Works PROGRAM: General Services
ACTIVITY SCOPE
Includes miscellaneous services not accounted for elsewhere: general administration such as budget
and accounting; personnel and labor union matters; correspondence. public information; safety
programs; training; official meetings; special projects; and educational and professional activities.
POLICIES
1.
2.
3.
4.
5.
OBJECTIVES FOR 1994
1.
2.
SUBPROGRAMS
1. Admin 12. Hazardous Waste disposal
2. Data Processing 13. Voting Machines
3. General Clerical 14. Welding
4. General Office 15. Animal Control
5. Educational /Professional 16. Special Projects
6. Fire Calls 17. ADA Compliance
7. Safety 18. Official Meetings
8. Training 19.
9. Public Information 20.
10. Nonallocable 21.
11. Labor Contract Matters 22.
WORKLOAD DATA M1
1992 1993
1994 STAFFING LEVELS
HOURS STATUS POSITION TITLE
1150 Full Time Director of Public Works
1250 Full Time City Engineer
1300 Full Time Public Works Coordinator
1000 Full Time Public Works Superintendent
550 Full Time Supervisor
1440 Full Time Engineering Technician IV,III
2820 Full Time Engineering Secretary
2150 Full Time Maintenance II
1825 Full Time Clerk/Dispatcher
Full Time IMS Technician
50 Seasonal Engineering Technician I
50 Seasonal Laborer
160 Overtime
BUDGET COMMENTARY
BUDGET: General Services
1991 1992 1993 1994 1994
Actual Actual Budgeted Proposed Adopted
REVENUES:
General Fund $426,879
$
TOTAL $426,879
EXPENDITURES:
Personal Services $281,717
Supplies $18,186
Other Services $37,927
SUBTOTAL $337,830
Capital Outlay 89,049
TOTAL $426,879
CITY OF BROOKLYN CENTER counci t Meeting Date L /
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ITEM DESCRIPTION:
RESOLUTION AUTHORIZING THE INVESTMENT TRUST FUND TO ISSUE A TEMPORARY
IMPROVEMENT NOTE TO LOAN FUNDS TO THE EARLE BROWN HERITAGE CENTER FUND
DEPT. APPROVAL:
Charles Hansen, Finance Director
MANAGER'S ATION:
I or
No comments T fsuppleM ent this report
Comments below /attached
SUM31ARY EXPLANATION: (supplemental sheets attached )
In the past, the City has temporarily financed construction projects by
• issuing Temporary Improvement Notes from the Investment Trust Fund until
permanent financing in the form of a bond sale could be arranged.
Similar loans have occasionally been made to other City funds which were
in need of financing, but didn't find it desirable to sell bonds.
Presently, the Earle Brown Heritage Center needs to purchase catering
equipment and small wares to comply with the provisions of its contract
with the new caterer, D'Amico & Partners Hospitality Consultants Inc.
The detail list is attached and the prices quoted by one vendor total
$50,572.44. This vendor also has offered to finance the purchase with
a lease - purchase arrangement having payments spread over three years and
an interest rate of nine percent.
I am proposing to instead have the Heritage Center purchase the items
outright as a capital outlay, and finance it with a Temporary
Improvement Note. Repayment would be from operating revenues over a
period of three years. The interest rate charged would be seven
percent. While seven percent is more than the City is earning on its
other investments, it is also less than the nine percent cost of outside
financing. Interest earned by the City is then allocated to all funds,
including the E.D.A.
The City Council last addressed the interest rate issue with Resolution
92 -09 when the rate was set at eight percent. This resolution wouldn't
change the rate on other loans, but only set it for this loan. I
anticipate that on January 1, 1994, I will recommend that all loans be
reduced to seven percent because of the general decline in interest
rates.
RECOMMENDED CITY COUNCIL ACTION
Passage of the attached resolution.
EXHIBIT A
DESCRIPTION OF EQUIPMENT
RE: Lease With Option to Purchase Agreement dated as of April 19, 1993, between Kansas State
Bank of Manhattan Lessor) and The Economic Development Authority of Brooklyn Center (Lessee)
Below is a detailed description of all the items of Equipment including quantity, model number and
serial number where applicable:
Quanti Item Numbers Item Unit Price - = "' Extended
Box Flete
Hunter Green
300 Snap Drape Skirting 300 Ft. $7.59(Ft.) $2,277.00
800 1018 Plate Covers $6.59 $5,272.00
72 L97000 Carafes, 1 liter $3.03 $218.16
.24 L795 Carafes, 1 liter $4.28 $102.72
130 Vollrath Glass Racks $22.00 $2,860.00
98266 Tray Jacks $17.95 $538.30
Nalco Bread Baskets $2.75 $165.00
1 BC235 Bussing Cart $250.00 $250.00
2 98270 Carving Station, Heat Lamp $115.00 $230.00
616 80348 B &B Knives $1.50 $924.00
36 /dz. Cardinal 8071086 Futed Glass 8.
dz. $1� 93 $683.28
6S
/ Cardinal 8071080 Sovoie Glass $25.18 $1,712.24
84 /dz. Cardinal 8071083 Goblet Glass $18.98 $1,594.32
160 /ea. Vollwrath'( .... *-- Coffee Server $12.88 $2,060.80
13 -6 /dz. Lancaster 0213 Stacking Rocks $78.28 $1,017.64
12 /ea. Lockwood RA70ER24E Bun Pan Rack $187.53 $2,250.36
45 3oz.
Libb
15.27 Glass Plates lat 2 2
es $51.00 $ 95.00
25 /loz. Libby 15201 Stacking Glass Mugs $12.34 $303.50
800 /ea. 90165 10 1/2 Versalles Plate $7.20 $5,760.00
1250 /ea. 901602 7 1/2 Versalles Plate $3.15 $3,937.50
800 /ea. 901608 9 oz. Versalles Tea Cun $4.05 $3,240.00
350 /ea. 900010 Cup Versalles Large $2.25 $787.50
160 /ea. 904027 Sugar Pouch Holder $4.02 $648.00
160/ea. 901111 Cylinder Versalles Salt/ $5.40 $964.00
160 /ea. 900149 Pitcher 4oz. $2.70 $432.00
1608 /ea. Tango Dinner Knife
1608 /ea. Tango Dinner Fork $. $1,447.00
804 /ea. Tango Salad Fork $.85 $683.40
806 /ea. Tango Soup Spoon $.85 $260.10
804 ea. Tango / T o Teaspoon $.60 $482.40
1 8 /ea. Tango Butter Sprgader $1.20 $255.60
TOTAL FREIG12 $880.15
Location of Equipment:
(See Attached Page)
I
Quantity Item Numbers Item Unit Price Extended
300
188A26X /ea. Pan Sheet Full Size 18x26 $5.45
$1,635.00
1 7817/ea. Disher 50oz. 30 Black NSF $6.03 $6.03
1 4616 /ea. Collander Alum 16qt. $42.92 $42.92
4 5264/ea. Measurer Alum 4qt. $13.24 $52.96
6 5327/ea. Pan Curmake Alum 24 cup $38.73 $232.38
6 1906 /ea. Scraper- Plate /&al 16.5" $1.88 $11.28
1 2884 /ea. Scoop -Utl Clr Carbx 3202. $3.92 $3.92
3 47154/ea. Disher- Rt/Lft Hndsqz #20 $10.97 $32.91
4 5286 -8 /ea. Turner Cake 8X3 Sanisaf $11.13 $44.52
2 S1471OSC Slicer Break 10" SC SSAF $9.77 $19.54
6 6519 /ea. Knife- Paring 3.25" CL.PPT $3.81 $22.86
1 6501 -8 Spatula Semi.fix 8xl BLD $6.53 $6.53
6 0050 /ea. Peller -Knee Action Carb $1.38 $8.28
1 43 /ea. Brush -Hand Scrub Nylon $4.16 $4.16
4 430 -2 /ea. Brush - Pastry Nylon 2" $3.05 $12.20
1 2841/ea. Brushwire w /Scraper $2.34 $2.34
6 1529C /ea. Box -Tote 15x2lx5 Gray $3.37 $20.22
12 1524C /ea. Box Cultry 4CP 15x2lx4 GRA $4.02 $48.24
6 3022 -2 /ea. Pan -Fd ss Half sz 2.5DP $7.43 $44.58
6 3024 -2 /ea. Pan-Fd ss Half sz 4 "DP $10.43 $62.58
6 3034 -2 /ea. Pan-Fd ss Third sz 4 "DP $9.78 $58.68
6 3064 -2 /ea. Pan-Fd ss Sixth sz 4 "DP $6.07 $36.42
2 46793/ea. Spoon Solid ss 13" $1.94 $3.88
3 46976/ea. Spoon Slotted ss 13" $1.94 $5.82
4 46908/ea. Ladle, ss 8oz. $3.52 $14.08
6 47113/ea. Tong -Util Hinged ss 12" $1.73��:
6 O-9s /set Pastry Tubes -Star 0 -9 $26.44
6 O /set Pastry Tubes - Star 0 -
1 334C /ea. Pastry Decorating Set $3.05 .$3.05
6 3418/ea. Bag- Pastry Nylon 12x18 $5.91 $35.46
4 173724 /ea. Board -Cut Plst 18x24x5 $18.58 $74.32
1 6304 /ea., SPoons- Measure ss Set /4 $ $1.14
6 10317 /ea. Graze -Icing W R 18x26xl $15.33 $91.98
1 21 /ea.. . Slicer -Egg 2 -Way $3.73 $3.73
8 1087 /ea.' Cylinder Sliver Wht Nyl $2.87 $22.96
6 22SFSCIW /ea• 22 qt. Container $13.37 $80.34
6 SPC12 /ea. 12, & 22 qt. Lids $1.78 $10.50
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE INVESTMENT TRUST FUND TO ISSUE A
TEMPORARY IMPROVEMENT NOTE TO LOAN FUNDS TO THE EARLE BROWN
HERITAGE CENTER FUND
-------------------------------------------------------------
WHEREAS, in the past, the City has issued Temporary
Improvement Notes to finance a project either during construction or as
an alternative to outside financing; and
WHEREAS, the Earle Brown Heritage Center has entered into a
new catering contract with D'Amico & Partners Hospitality Consultants,
Inc., which calls for the Heritage Center to purchase its own catering
equipment and small wares; and
WHEREAS, the possibility of outside financing in the form of
a lease - purchase has been investigated and found to carry an interest
rate of nine percent.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center, Minnesota, as follows:
1. The Investment Trust Fund is authorized to issue a Temporary
Improvement Note to the Earle Brown Heritage Center for the
purchase of catering equipment and small wares.
2. The Temporary Improvement Note shall be in the amount of
$51,000, be repayable over three years, and shall bear an
interest rate of seven percent.
Date Todd Paulson, 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.
Commissioner introduced the following
resolution and moved its adoption:
EDA RESOLUTION NO.
RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF
LEASE PURCHASE AGREEMENT FOR CERTAIN CATERING EQUIPMENT
WHEREAS, the Economic Development Authority in and for
the City of Brooklyn Center (EDA) , by contract with D'Amico and
Partners Hospitality Consultants, Inc., dated April 1, 1993
entitled AGREEMENT FOR FOOD SERVICE MANAGEMENT (the "Catering
Agreement ") is responsible for providing certain equipment; and
WHEREAS, the EDA has selected and approved purchase of
such equipment (the "Equipment ") pursuant to the Catering
Agreement; and
WHEREAS, the EDA has determined that it is in the best
interest of the public to secure such Equipment by a lease
purchase agreement; and
WHEREAS, the staff has presented to the EDA for its
consideration a lease purchase agreement with the Kansas State
Bank of Manhattan for the lease purchase of the Equipment (the
"Lease Purchase Agreement ") which has been considered and approved
by the EDA.
NOW, THEREFORE, BE IT RESOLVED by the Economic
Development Authority in and for the City of Brooklyn Center that:
1. The Purchase Agreement is hereby approved and the
President and Executive Director are authorized and
directed to execute the Lease Purchase Agreement
for and on behalf of the EDA, together with any
other documents which may be necessary to effect
said Agreement.
2. The Lease Purchase Agreement is designated as a
"qualified tax - exempt obligation" for purposes of
Section 265(b)(3) of the Internal Reveneu Code of
1986 as amended from time to time. In compliance
with Section 265(b)(3)(D) of the Code, the EDA
represents that it will not designate more than
$10,000,000 of obligations issued by the EDA during
the calendar year as such "qualified tax - exempt
obligation ".
EDA Resolution No.
3. The EDA hereby certifies that the Lease Purchase
Agreement reasonably anticipates that it will not
issue in the calendar year 1993 obligations,
including the Lease Purchase Agreement, bearing
interest exempt from Federal income taxation under
Section 103 of the Code in an amount greater than
$10,000,000.
Date Todd Paulson, President
The motion for the adoption of the foregoing resolution was duly
seconded by Commissioner 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.
BAYSTONE
FINANCIAL GROUP
Sent Via Overnight Mail
June 14, 1993
The Economic Development Authority of Brooklyn Center
Mr. Tim Johnson
6301 Shingle Creek
Brooklyn Center, Minnesota 55480
RE: Lease With Option To Purchase Agreement between The Economic
Development Authority of Brooklyn Center (Lessee) and Kansas State Bank of
Manhattan (Lessor).
Dear Tim:
As per your counsel's request, enclosed please find a revised contract for proper
execution. Please remember that no funds will be released until all documentation
has been returned to me.
If you have any questions please do not hesitate to call.
Sincerely,
4 da J. ier
Financial oordinator
LJT /rmg
Enclosures
1010 Westloop, Suite 200, Manhattan, Kansas 66502 -0069 (913) 587 -4050, (800) 752 -3562, FAX: (913) 537 -4806
LEASE WITH OPTION TO PURCHASE AGREEMENT
Lessee: Lessor:
The Economic Development Authority of Brooklyn Center Kansas State Bank of Manhattan
6301 Shingle Creek Parkway 1010 Westloop
Brooklyn Center, Minnesota 55480 Manhattan, Kansas 66502
Dated as of April 19, 1993
This Lease With Option to Purchase Agreement dated as of the date listed above is between Lessor and Lessee listed directly above. Lessor desires to
lease the Equipment described in Exhibit "A" to Lessee and Lessee desires to lease the Equipment from Lessor subject to the terms and conditions of
this Agreement which are set forth below.
I. Definitions:
Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise:
"Agreement" means this Lease with Option to Purchase Agreement and all Exhibits attached hereto.
"Budget Year" means the Lessee's fiscal year.
"Commencement Date" is the date when and Lessee's obligation to pay rent begins.
"Equipment" means all of the items of Equipment listed on Exhibit "A" and all replacements, restorations, modifications and improvements.
"Lessee" means the entity listed above as Lessee and which is leasing the Equipment from Lessor under the provisions of this Agreement.
"Lessor" means the entity originally listed above as Lessor or any of its assignees.
"Lease Term" means the Original Term and all Renewal Terms.
"Original Term" means the period from the Commencement Date until the end of the budget year of Lessee.
"Renewal Term" means the annual term which begins at the end of the Original Term and which is simultaneous with Lessee's budget year.
"Rental Payments" means the payments Lessee is required to make under this Agreement as set forth on Exhibit "B ".
"State" means the state in which Lessee is located.
II. Lessee Warranties
Section 2.01. Lessee represents, warrants and covenants as follows for the benefit of Lessor or its assignees:
(a) Lessee is an "issuer of tax exempt obligations" because Lessee is the State or a political subdivision of the State within the meaning of Section 103(a)
of the Internal Revenue Code of 1986, as amended, (the "Code ") or because Lessee is a constituted authority or district authorized to issue obligations on
behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103 -1(b)
(b) Lessee is authorized under the Constitution and laws of the State to enter into this Agreement, and has used such authority to properly execute and
deliver this Agreement. Lessee has followed all proper procedures of its governing body in executing this Agreement. The Officer of Lessee executing
this Agreement has the authority to execute and deliver this Agreement. This Agreement constitutes a legal, valid, binding and enforceable obligation of
the Lessee in accordance with its terms.
(c) Lessee has complied with all statutory laws and regulations which may be applicable to the execution of this Agreement.
(d) Lessee shall use the Equipment only for essential, traditional government purposes.
(e) Should the IRS disallow the tax- exempt status of the Interest Portion of the Rental Payments as a result of the failure of the Lessee to use the
Equipment for governmental purposes, then Lessee shall be required to pay additional sums to the Lessor or its assignees so as to bring the after tax
yield to the same level as the Lessor or its assignees would attain if the transaction continued to be tax- exempt.
(f) Should the Lessee cease to be an "issuer of tax exempt obligations ", then Lessee shall be required to pay additional sums to the Lessor or its assignees
so as to bring the after tax yield on this Agreement to the same level as the Lessor or its assignees would attain if the transaction continued to be tax -
exempt.
(g) Lessee hereby designates the Agreement as a "qualified tax- exempt obligation" as defined in Section 265(b)(3)(B) of the Internal Revenue Code of
1986. The aggregate face amount of all tax - exempt obligations issued or to be issued by the Lessee and all subordinate entities thereof during the
Issuance Year is not reasonably expected to exceed ten million (10,000,000) dollars.
(h) Lessee has never non - appropriated funds under an Agreement similar to this Agreement.
(i) Lessee will submit to the Secretary of the Treasury an information reporting statement as required by the code.
0) Upon request by Lessor, Lessee will provide to Lessor with current financial statements, reports, budgets, etc.
(k) Lessee shall retain the Equipment free of any hazardous substances as defined in the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. 9601 et. seq. as amended and supplemented.
Section 2.02. Escrow Agreement. In the event both Lessor and Lessee mutually agree to utilize an Escrow Account, then immediately following the
execution and delivery of this Agreement, Lessor and Lessee agree to execute and deliver and to cause Escrow Agent to execute and deliver the Escrow
Agreement. This Agreement shall take effect only upon execution and delivery of the Escrow Agreement by the parties thereto. Lessor shall deposit or
cause to be deposited with the Escrow agent for credit to the Equipment Acquisition Fund the sum of $ N A which shall be held, invested and
disbursed in accordance with the Escrow Agreement.
III. Acquisition of Equipment, Rental Payments and the Purchase Option Price
Section 3.01. Acquisition. Lessee shall order the Equipment, cause the Equipment to be delivered and installed.
Section 3.02. Rental Payments. Lessee shall pay Rental Payments exclusively to Lessor or its assignees in lawful, legally available money of the United
States of America. The Rental Payments shall be sent to the location specified by the Lessor or its assignees. The amount and date of each Rental
Payment shall be paid as set forth on Exhibit "B ". Simple interest calculations will be used. Each payment shall be applied first to interest as of the date
the payment is received, with the remainder of the payment applied to reduce the principal. The Rental Payments shall constitute a current expense of
the Lessee and shall not constitute an indebtedness of the Lessee. Lessor shall have the option to charge interest at the highest lawful rate on any Rental
Payment received later than the due date.
Section 3.03. Rental Payments Unconditional. Except as provided under Section 4.01, THE OBLIGATIONS OF LESSEE TO MAKE RENTAL
PAYMENTS AND TO PERFORM AND OBSERVE TIIE OTHER COVENANTS CONTAINED IN THIS AGREEMENT SHALL BE ABSOLUTE
AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET -OFF OR DEFENSE.
Section 3.04. Purchase Option Price. Upon 30 days written notice, Lessee shall have the option to pay, in addition to the Rental Payment, the
corresponding Purchase Option Price which is listed on the same line on Exhibit B. If Lessee chooses this option and pays the Purchase Option Price to
Lessor then Lessor will transfer any and all of it's rights, title and interest in the Equipment to Lessee.
Section 3.05. Disclaimer of Warranties. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO
THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH
RESPECT TO THE EQUIPMENT. LESSOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGE ARISING OUT OF THE INSTALLATION, OPERATION, POSSESSION, STORAGE OR USE OF THE EQUIPMENT BY LESSEE.
IV. Non - Appropriation
Section 4.01. Non - Appropriation. If insufficient funds are available in Lessee's budget for the next budget year to make the Rental Payments for the next
Renewal Term and the funds to make such Rental Payments are otherwise unavailable by any lawful means whatsoever, then Lessee shall have the option
to non - appropriate the funds to pay the Rental Payments for the next Renewal Term. If Lessee chooses this option, then all obligations of the Lessee
under this Agreement regarding Rental Payments for all remaining Renewal Terms shall be terminated at the end of the then current Original Term or
Renewal Term without penalty or liability to the Lessee of any kind. Lessee shall immediately notify the Lessor as soon as the decision to non-
appropriate is made. If such non - appropriation occurs, then Lessee shall deliver the Equipment to Lessor or to a location designated by Lessor at
Lessee's expense. Lessee shall be liable for all damage to the equipment other than normal wear and tear. If Lessee fails to deliver the Equipment to
Lessor, then Lessor may enter the premises where the Equipment is located and take possession of the Equipment and charge Lessee for costs incurred.
If Lessee non - appropriates under this section, then Lessee shall not purchase, lease or rent Equipment performing same or similar functions to those
performed by the Equipment for a period of 360 days unless otherwise prohibited by public policy considerations.
V. Insurance, Damage, Insufficiency of Proceeds, Indemnification
Section 5.01. Insurance. Lessee shall maintain both casualty insurance and liability insurance at its own expense with respect to the Equipment. Lessee
shall be solely responsible for selecting the insurer(s) and for making all premium payments and ensuring that all policies are continuously kept in effect
during the period when Lessee is required to make Rental Payments. Lessee shall provide Lessor with a Certificate of Insurance which lists the Lessor
and /or Assigns as a Loss Payee and an Additional Insured on the policies with respect to the Equipment.
(a) Lessee shall insure the Equipment against any loss or damage by fire and all other risks covered by the standard extended coverage
endorsement then in use in the State and any other risks reasonably required by Lessor in an amount at least equal to the then applicable Purchase Price
of the Equipment. Alternatively, Lessee may insure the Equipment under a blanket insurance polity or policies.
(b) The liability insurance shall insure Lessor from liability and property damage in any form and amount satisfactory to Lessor.
(c) Lessee may self- insure against the casualty risks and liability risks described above. If Lessee chooses this option, Lessee must furnish Lessor
with a certificate and /or other documents which evidences such coverage.
(d) All insurance policies issued or affected by this Section shall be so written or endorsed such that the Lessor and its assignees are named
insureds and loss payees and that all losses are payable to Lessee and Lessor or its assignees as their interests may appear. Each polity issued or affected
by this Section shall contain a provision that the insurance company shall not cancel or materially mod the p olicy without first giving thirty 30 days
P Y
Y Y Po cY � g rtY ( ) Ys
advance notice to Lessor or its assignees. Lessee shall furnish to Lessor certificates evidencing such coverage throughout the Lease Term.
Section 5.02. Damage to or Destruction of Equipment. Lessee assumes the risk of loss or damage to the Equipment. If the Equipment or any portion
thereof is lost, stolen, damaged, or destroyed by fire or other casualty, Lessee will immediately report all such losses to all possible insurers and take the
proper procedures to attain all insurance proceeds. At the option of Lessor, Lessee shall either (1) apply the Net Proceeds to replace, repair or restore
the Equipment or (2) apply the Net Proceeds to the applicable Purchase Option Price. For purposes of this Section and Section 5.03, the term Net
Proceeds shall mean the amount of insurance proceeds collected from all applicable insurance policies after deducting all expenses incurred in the
collection thereof.
Section 5.03. Insufficiency of Net Proceeds. If there are no Net Proceeds for whatever reason or if the Net Proceeds are insufficient to pay in full the
cost of any replacement, repair, restoration, modification or improvement of the Equipment, then Lessee shall, at the option of Lessor, either (1)
complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds or
(2) apply the Net Proceeds to the Purchase Option Price and pay the deficiency to the Lessor.
Section 5.04. Indemnification. To the extent permitted by law, Lessee shall protect, hold harmless and indemnify Lessor and its assignees from all
liability, claims, damages and costs incurred by Lessor and its assignees which arose out of installation, operation, possession, storage, or use of any item
of the Equipment. This would include all expenses, including attorney's fees, incurred by Lessor or its assignees in defending any claims or actions filed
against them as well as any judgement entered against Lessor or its assignees.
Section 5.05. Lessee's Negligence. Lessee assumes all risks and liabilities for loss or damage to any Equipment, injury to or death of any person or
damage to any property, and any cost recovery for removal and remediation actions related to the release or threatened release of hazardous substances
under Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act or any state or local
equivalent now existing or hereinafter enacted which in any manner arise out of or are incident to any possession, use, operation, condition or storage of
any Equipment by the Lessee.
VI. Title and Security Interest
Section 6.01. Title. Title to the Equipment shall vest in Lessee when Lessee acquires and accepts the Equipment. Title to the Equipment will
automatically transfer to the Lessor in the event Lessee non - appropriates under Section 4.01 or in the event Lessee defaults under Section 9.01. In either
of such events, Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of legal title to the Equipment
to Lessor.
Section 6.02. Security Interest. To secure the payment of all Lessee's obligations under this Agreement, Lessee hereby grants to Lessor a Security
Interest under the Uniform Commercial Code constituting a first lien on the Equipment described more fully on Exhibit "A ". The security interest
established by this section includes not only all additions, attachments, repairs and replacements to the Equipment but also all proceeds therefrom.
Lessee agrees to execute such additional documents which Lessor deems necessary or appropriate to establish and maintain its security interest and the
security interest of any assignee of Lessor in the Equipment.
VII. Assignment
Section 7.01. Assignment by Lessor. All of Lessor's rights, title and /or interest in and to this Agreement may be assigned and reassigned in whole or in
part to one or more assignees or subassignees (including a Registered Owner for Lease Participation Certificates) by Lessor at any time without the
consent of Lessee. No such assignment shall be effective as against Lessee until the assignor shall have filed with Lessee written notice of assignment
identifying the assignee. Lessee shall pay all Rental Payments due hereunder relating to such Equipment to or at the direction of Lessor or the assignee
named in the notice of assignment. Lessee shall keep a complete and accurate record of all such assignments.
Section 7.02. Assignment by Lessee. None of Lessee's right, title and interest under this Agreement and in the Equipment may be assigned by Lessee
unless Lessor approves of such assignment in writing before such assignment occurs and only after Lessee first obtains an opinion from nationally
recognized counsel stating that such assignment will not jeopardize the tax - exempt status of the obligation.
VIII. Maintenance of Equipment
Section 8.01. Lessee shall keep the Equipment in good repair and working order. Lessor shall have no obligation to inspect, test, service, maintain, repair
or make improvements or additions to the Equipment under any circumstances. Lessee will be liable for all damage to the Equipment, other than normal
wear and tear, caused by Lessee, its employees or its agents. Lessee shall pay for and obtain all permits, licenses and taxes necessary for the installation,
operation, possession, storage or use of the Equipment. Lessee shall not use the Equipment to haul, convey or transport hazardous waste as defined in
the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq. Lessee shall not during the term of this Agreement create, incur or assume any
levies, liens or encumbrances of any kind with respect to the Equipment except those created by this Agreement. The Equipment is and shall at all times
be and remain personal property. Lessee shall allow Lessor to examine and inspect the Equipment at all reasonable times.
IX. Default
Section 9.01. Events of Default defined. The following events shall constitute an "Event of Default" under this Agreement:
(a) Failure by Lessee to pay any Rental Payment listed on Exhibit "B" for fifteen (15) days after such payment is due according to the Payment
Date listed on Exhibit "B ".
(b) Failure to pay any other payment required to be paid under this Agreement at the time specified herein and a continuation of said failure for a
period of fifteen (15) days after written notice by Lessor that such payment must be made. If Lessee continues to fail to pay any payment after such
period, then Lessor may, but will not be obligated to, make such payments and charge Lessee for all costs incurred plus interest at the highest lawful rate.
(c) Failure by Lessee to observe and perform any warranty, covenant, condition, promise or duty under this Agreement for a period of thirty (30)
days after written notice specifying such failure is given to Lessee by Lessor, unless Lessor agrees in writing to an extension of time. Lessor will not
unreasonably withhold its consent to an extension of time if corrective action is instituted by Lessee. Subsection (c) does not apply to Rental Payments
and other payments discussed above.
(d) Any statement, material omission, representation or warranty made by Lessee in or pursuant to this Agreement which proves to be false,
incorrect or misleading on the date when made regardless of Lessee's intent and which materially adversely affects the rights or security of Lessor under
this Agreement.
(e) Any provision of this Agreement which ceases to be valid for whatever reason and the loss of such provision would materially adversely affect
the rights or security of Lessor.
(f) Lessee admits in writing its inability to pay its obligations. Lessee defaults on one or more of its other obligations. Lessee applies or consents
to the appointment of a receiver or a custodian to manage its affairs. Lessee makes a general assignment for the benefit of creditors.
Section 9.02. Remedies on Default. Whenever any Event of Default exists, Lessor shall have the right to take one or any combination of the following
remedial steps:
(a) With or without terminating this Agreement, Lessor may declare all Rental Payments and other amounts payable by Lessee hereunder to the
end of the then current Budget Year to be immediately due and payable.
(b) With or without terminating this Agreement, Lessor may require Lessee at Lessee's expense to redeliver any or all of the Equipment to Lessor
to a location specified by Lessor. Such delivery shall take place with in 15 days after the event of default occurs. If Lessee fails to deliver the Equipment,
Lessor may enter the premises where the Equipment is located and take possession of the Equipment and charge Lessee for cost incurred.
Notwithstanding that Lessor has taken possession of the Equipment, Lessee shall still be obligated to pay the remaining Rental Payments due up until the
end of the then current Original Term or Renewal Term. Lessee will be liable for any damage to the Equipment caused by Lessee or its employees or
agents.
(c) Lessor may take whatever action at law or in equity that may appear necessary or desirable to enforce its rights.
Section 9.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be
cumulative and shall be in addition to every other remedy given under this Agreement now or hereafter existing at law or in equity. No delay or omission
to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof.
X. Miscellaneous
Section 10.01. Notices. All notices shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, to
the parties at their respective places of business as first set forth herein or as the parties shall designate hereafter in writing.
Section 10.02. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessee and Lessor and their respective successors
and assigns.
Section 10.03. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction,
such holding shall not invalidate or render unenforceable any other provision hereof.
Section 10.04. Amendments, Addendums, Changes or Modifications. This Agreement may be amended, added to, changed or modified by written
agreement duly executed by Lessor and Lessee.
Section 10.05. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original
and all of which shall constitute but one and the same instrument.
Section 10.06. Captions. The captions or headings in this Agreement do not define, limit or describe the scope or intent of any provisions or sections of
this Agreement.
Section 10.07. Master Lease. This Agreement shall be construed to be a Master Lease Agreement. For purposes of this section only, a Master Lease
Agreement means that Lessor may lease to Lessee additional equipment under this Agreement so long as both Lessee and Lessor properly execute an
additional Exhibit A, Exhibit B, Exhibit C and Exhibit E and so long as the additional equipment is leased by Lessor within a time frame acceptable to
Lessor.
Lessor and J. esspe have aused this Agreement to be executed in their names by their duly authorized
representatives listed below.
THE ECONOMIC DEVELOPMENT AUTHORITY KANSAS STATE BANK OF MANHATTAN
OF BROOKLYN CENTER
By: B
Typed: Typed:
Title: Title:
EXHIBIT A
DESCRIPTION OF EQUIPMENT
RE: Lease With Option to Purchase Agreement dated as of April 19, 1993, between Kansas State
Bank of Manhattan (Lessor) and The Economic Development Authority of Brooklyn Center (Lessee)
Below is a detailed description of all the items of Equipment including quantity, model number and
serial number where applicable:
Quantity Item Numbers Item Unit Price Extended
Box Flete
Hunter Green
300 Snap Drape Skirting 300 Ft. $7.59(Ft.) $2,277.00
800 1018 Plate Covers $6.59
$5,272.00
72 L97000 Carafes, 1 liter
$3.03 $218.16
.24 L795 Carafes, 1 liter $4.28 $102.72
130 Vollrath Glass Racks $22.00 $2,860.00
98266 Tray Jacks $17.95 $538.30
Halco Bread Baskets $2.75 $165.00
BC235 Bussing Cart $250.00 $250 ".00
2 98270 Carving Station, Heat La-:w $115.00 $230.00
616 80348 B &B Knives $1.50 $924.00
36 /dz. Cardinal 8071086 Futed Glass $18,98 $683.28
63 /dz. Cardinal 8071080 Sovoie Glass $ ?5,1$ $1,712.24
84 /dz. Cardinal 8071083 Goblet Glass
$18.98 $1,594.32
160 /ea. Vollwrath { ) Coffee Server $12.88 $2,060.80
13 -6 /dz. Lancaster 0213 Stacking Racks $78,28 $1,017.64
12 /ea. Lockwood IWOER24E Bun Pan Rack $187.53 $2,250.36
45/3oz. Libby 15427 Glass Plates $51.00 $2,295.00
25 /loz. Libby 15201 Stacking Glass Mugs $12.34 $308.50
800 /ea. 90165 10 1/2 Versalles Plate $7.20 $5,760.00
1250/ea. 901602 7 1/2 Versalles Plate $3.15 $3,937.50
800 /ea. 901608 9 oz. Versalles Tea Cup $4.05 $3,240.00
350/ea. 900010 Cup Versalles Large $2.25 $787.50
160 /ea. 904027 Sugar Pouch Holder $4.02 $648.00
160 /ea. 901111 Cylinder Versalles Salt/P $5.40 $964.00
160 /ea. 900149 Pitcher 4oz. $2.70 $432.00
1608 /ea. Tango Dinner Knife $2.06 $3,216.00.
1608 /ea. Tango Dinner Fork $.90. $1,447.20.
804 /ea. Tango Salad Fork $,85 $683.40
806 /ea. Tango Soup Spoon
804 /ea. Tango $260.10
Teaspoon $.60 $482.40
188 /ea. Tango Butter Spreader $1.20 $255.60
JAL FREIGHT $880.15
Location of Equipment:
(See Attached Page)
_ A00 11antity Item Numbers Item Unit Price Extended
300 188A26X /ea. Pan Sheet Full Size 18x26 $5.45
$1,6
1 7817/ea. Disher 50oz. 30 Black NSF $6.03 $6
$6.03
1 4616 /ea. Collander Alum 16gt. $42.92 $42.92
4 5264/ea. Measurer Alum 4qt. $13.24 $52.96
6 5327/ea. Pan Cupcake Alum 24 cup $38.73 $232.38
6 1906 /ea. Scraper- Plate /Bwl 16.5" $1.88 $11.28
1 2884 /ea. Scoop -Utl Clr Carbx 320z. $3.92 $3.92
3 47154/ea. Disher- Rt/Lft Hndsqz #20 $10.97 $32.91
4 5286 -8 /ea. Turner Cake 8.N3 Sanisaf $11.13 $44.52
2 S14710SC Slicer Break 10" SC SSAF $9.77 $19.54
6 6519/ea. Knife- Paring 3.25" CL.PPT $3.81 $22.86
1 6501 -8 Spatula Semifix 8xl BED $6.53 $6.53
6 0050 /ea. Peller -Knee Action Carb $1.38 $8.28
1 43 /ea. Brush -Hand Scrub Nylon $4.16 $4.16
4 430 -2 /ea. Brush - Pastry Nylon 2" $3.05 $12.20
1 2841/ea. Brushwire w /Scraper $2.34 $2.34
6 1529C /ea. Box -Tote 15x2lx5 Gray $3.37 $20.22
12 1524C /ea. Box Cultry 4CP 15x21x4 GRA $4.02 $48.24
6 3022 -2 /ea. Pan-Fd ss Half sz 2.5DP $7.43 $44.58
6 3024 -2 /ea. Pan-Fd ss Half sz 4 "DP $10.43 $62.58
6 3034 -2 /ea. Pan-Fd ss Third sz 4 11 DP $9.78 $58.68
6 3064 -2 /ea. Pan-Fd ss Sixth sz 4 "DP $6.07 $36.42
2 46793/ea. Spoon Solid ss 13" $1.94 $3.88
3 46976/ea. Spoon Slotted ss 13" $1.94 $5.82
4 46908/ea. Ladle, ss 8oz. $3.52 $14.08
6 47113/ea. Tong -Util Hinged ss 12" $1.73 W :R
6 0-9s /set Pastry Tubes -Star 0 -9 M ii $26.44
6 0-9s /set Pastry Tubes -Star 0 -9 $3.05 $3.05
1 334C /ea. Pastry Decorating Set $5.91 $35.46
6 3418/ea. Bag- Pastry Nylon 12x18 $18.58 $74.32
4 173724/(--a. Board -Cut Plst 18x24x5 $1.14
1 6304 /e $1.14
a.. Spoons- Measure ss Set /4 $15.33 $
6 10317 /ea. Graze -Icing W R 18x26xl .73
$3.73 $3
1 21 /ea.. . Slicer -Egg 2 -Way $2.87 $
8 1087 /ea.' Cylinder Sliver Wht Nyl $13.37 $80.34
6 22SFSC�,1 /ea. 22 qt Container $1.78 10.50
6 2
1
SFC /ea. 12,_18 & 22 qt. Lids
THIS IS ALL CALCULATED IN
"ADVANCE"
EXHIBIT B
Lessee: Economic Develop. Auth. of Brooklyn C.
Date of first payment: 06/15/93
Original Balance: $50,572.44
Total Number of Payments: 36
Number of Payments per year: 12
RENTAL PAYMENT SCHEDULE
PAYMNT DUE TOTAL APPLIED TO APPLIED TO PURCHASE
NO. DATE PAYMENT INTEREST PRINCIPAL OPTION PRICE
1 15- Jun -93 $1,597.83 $0.00 $1,597.83 $0.00
2 15- Jul -93 $1,597.83 $370.29 $1,227.54 $0.00
3 15- Aug -93 $1,597.83 $361.01 $1,236.82 $49,853.18
4 15- Sep -93 $1,597.83 $351.66 $1,246.17 $48,421.53
5 15- Oct -93 $1,597.83 $342.23 $1,255.59 $46,985.11
6 15- Nov -93 $1,597.83 $332.74 $1,265.09 $45,543.89
7 15- Dec -93 $1,597.83 $323.18 $1,274.65 $44,097.88
8 15- Jan -94 $1,597.83 $313.54 $1,284.29 $42,647.04
9 15- Feb -94 $1,597.83 $303.83 $1,294.00 $41,191.37
0 15- Mar -94 $1,597.83 $294.04 $1,303.78 $39,730.85
1 15- Apr -94 $1,597.83 $284.19 $1,313.64 $38,265.46
12 15- May -94 $1,597.83 $274.25 $1,323.57 $36,795.18
13 15- Jun -94 $1,597.83 $264.25 $1,333.58 $35,320.00
14 15- Jul -94 $1,597.83 $254.16 $1,343.66 $33,839.91
=15 15- Aug -94 $1,597.83 $244.00 $1,353.82 $32,354.88
16 15- Sep -94 $1,597.83 $233.77 $1,364.06 $30,864.90
17 15- Oct -94 $1,597.83 $223.46 $1,374.37 $29,369.96
18 15- Nov -94 $1,597.83 $213.06 $1,384.76 $27,870.03
` 19 15- Dec -94 $1,597.83 $202.59 $1,395.23 $26,365.10
20 15- Jan -95 $1,597.83 $192.04 $1,405.78 $24,855.16
21 15- Feb -95 $1,597.83 $181.42 $1,416.41 $23,340.18
22 15- Mar -95 $1,597.83 $170.71 $1,427.12 $21,820.15
23 15- Apr -95 $1,597.83 $159.92 $1,437.91 $20,295.06
24 15- May -95 $1,597.83 $149.04 $1,448.78 $18,764.88
25 15- Jun -95 $1,597.83 $138.09 $1,459.74 $17,229.60
26 15- Jul -95 $1,597.83 $127.05 $1,470.77 $15,689.21
27 15- Aug -95 $1,597.83 $115.93 $1,481.89 $14,143.68
28 15- Sep -95 $1,597.83 $104.73 $1,493.10 $12,593.00
29 15- Oct -95 $1,597.83 $93.44 $1,504.39 $11,037.14
30 15- Nov -95 $1,597.83 $82.07 $1,515.76 $9,476.11
31 15- Dec -95 $1,597.83 $70.61 $1,527.22 $7,909.87
32 15- Jan -96 $1,597.83 $59.06 $1,538.77 $6
33 15- Feb -96 $1,597.83 $47.42 $1,550.40 $4,761.70
34 15- Mar -96 $1,597.83 $35.70 $1,562.13 $3,179.75
5 15- Apr -96 $1,597.83 $23.89 $1,573.94 $1,592.52
6 15- May -96 $1,597.83 $11.99 $1,585.84 $0.00
EXHIBIT C
CERTIFICATE OF ACCEPTANCE
RE: Lease With Option to Purchase Agreement dated as of April 19, 1993 between Kansas State
Bank of Manhattan (Lessor) and The Economic Development Authority of Brooklyn Center (Lessee)
I, the undersigned, hereby certify that I am a duly qualified representative of Lessee and that I have
been given the authority by the governing body of Lessee to sign this Certificate of Acceptance with
respect to the above referenced Agreement. I hereby certify that:
1. The Equipment described on Exhibit A has been delivered and installed in accordance with
Lessee's specifications.
2. Lessee has conducted such inspection and /or testing of the Equipment as it deems necessary and
appropriate and hereby acknowledges that it accepts the Equipment for all purposes.
3. Lessee has obtained insurance coverage as required under Article V of the Agreement from an
insurer qualified to do business in the State.
4. During the term of the Agreement, the Equipment will be used for essential governmental
functions. Such functions are:
5. No event or condition that constitutes or would constitute an Event of Default exists as of the date
hereof.
6. The governing body of Lessee has approved the authorization, execution and delivery of this
Agreement on its behalf by the authorized representative of Lessee who signed the Agreement.
Dated , 19
BY:
TITLE:
EXHIBIT D
OPINION OF COUNSEL
(Current Date) (TO BE RE -TYPED ON LETTERHEAD)
Kansas State Bank
1010 Westloop Place
Manhattan, Kansas 66502
Gentlemen:
Re: Lease With Option To Purchase Agreement dated as of A ril 19 1993 between Kansas State
Bank (Lessor) and The Economic Development Authority of Brooklyn Center (Lessee).
As counsel to Lessee I have reviewed the Lease With Option To Purchase Agreement dated April 19,
1993 Based on my knowledge as counsel for Lessee, and upon my review of the Agreement, I am of
the opinion that:
1. Lessee is a economic development authority and 95% of the proceeds of this lease are to be
used to purchase a fire truck, pursuant to Section 150(e)(1) of the Internal Revenue Code of 1986.
2. Lessee is authorized and has power under applicable law to enter into the Lease Agreement,
and to carry out its obligations thereunder and the transactions contemplated thereby.
3. The Agreement has been duly authorized, approved, executed and delivered by and on behalf
of Lessee. The Agreement is a legal, valid and binding contract of Lessee enforceable in accordance
with its terms, except to the extent limited by State and Federal laws affecting remedies and by
bankruptcy, reorganization or other laws of general application relating to or affecting the enforcement
of creditors' rights.
4. The authorization, approval and execution of the Agreement has been performed in
accordance with all applicable open meeting, public bidding and all other laws, rules and regulations of
the State.
5. The execution of the Agreement and the appropriation of monies to pay the Rental Payments
coming due under the Lease do not result in the violation of any constitutional or other statutory laws
of the State.
6. There is no litigation, action, suit or proceeding pending or before any court, administrative
agency, arbitrator or governmental body that challenges the authority of the Lessee or any of the
Lessee's officers or employees to enter into the Agreement.
Signature of Counsel
. 1
EXHIBIT E
LESSEE RESOLUTION
RE: Lease With Option to Purchase Agreement dated as of April 19, 1993 between Kansas State
Bank of Manhattan (Lessor) and The Economic Development Authority of Brooklyn Center (Lessee)
I, the undersigned, the duly qualified and acting (Secretary,
Board Chairman or other authorized Governing Body Member of ssee ) o hereby certify as
follows:
1. The Governing Body of Lessee at either a regular or special meeting held on
has approved and authorized the execution and delivery of the Lease With Option to rc ase
Agreement dated as of April 19, 1993 between The Economic Development Authority of Brooklyn
Center (Lessee) and Kansas State Bank of Manhattan (Lessor) on its behalf by the following named
representative of the Lessee who presently and at the time of the authorization holds the office stated
in the title:
Name:
Title:
2. Designation Requirements. The Governing Body of Lessee specifically designates this Agreement
as a "qualified tax- exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986 as amended from time to time. In compliance with Section 265(b)(3)(D) of the Code,
the Lessee hereby represents that it will not designate more than $10,000,000 of obligations issued by
the Lessee in the calendar year during which this Agreement is executed as such "qualified tax- exempt
obligations."
3. Issuance Limitation. Including this Agreement, the Governing Body of Lessee represents that it
reasonably anticipates not to issue in the calendar year during which this Agreement is executed
obligations bearing interest exempt from federal income taxation under Section 103 of the code in an
amount greater that $10,000,000.
By:
Title:
ECONOMIC DEVELOPMENT AUTHORITY Council Meeting
Date
REQUEST FOR COUNCIL ACTION Agenda Item Number
4G
******************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ITEM DECRIPTION:
RESOLUTION ESTABLISHING PROJECT 8900 IN THE EARLE BROWN HERITAGE CENTER
FUND FOR CATERING EQUIPMENT AND SMALL WARES IN ACCORDANCE WITH THE
CATERING CONTRACT WITH D'AMICO & PARTNERS HOSPITALITY CONSULTANTS, INC.
DEPARTMENT APPROVAL:
CAXVd,ea4 P a,-n ,
Charles Hansen, Finance Director
******************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
MANAGER "S A co E
s to supplement this report
below /attache d
SUMMARY EXPLANATION (supplemental sheets attached)
Presently, the Earle Brown Heritage Center needs to purchase catering
equipment and small wares to comply with the provisions of its contract
• with the new caterer, D'Amico & Partners Hospitality Consultants, Inc..
A detail list of items delivered is attached and totals $50,572.44.
The catering equipment and small wares will replace the items previously
provided by Atrium.
Staff proposes to finance the purchase with a three year loan from the
Investment Trust Fund bearing an interest rate of seven percent.
RECOMMENDED COUNCIL ACTION:
Passage of the attached resolution.
0
EXHIBIT A
DESCRIPTION OF EQUIPMENT
f
Below is a detailed description of all the items of Equipment including quantity, model number and
serial number where applicable:
Quanti Item Numbers Item Unit Price -: -- Extended
Box Flete
Hunter Green
300 Snap Drape Skirting 300 Ft. $7.59(Ft.) $2,277.00
800 1018 Plate Covers $6.59 $5,272.00
72 L97000 Carafes, 1 liter $3.03 $218.16
:24 L795 Carafes, 1 liter $4.28 $102.72
130 Vollrath Glass Racks $22.00 $2,860.00
98266 Tray Jacks $17.95 $538.30
Halco Bread Baskets $2.75 $165.00
1 BC235 Bussing Cart $250.00 $250.00
2 98270 Carving Station, Heat Lamp $115.00 5230.00
616 80348 B &B Knives $1.50 $924.00
36 /dz. Cardinal 3071086 Futed Glass $13,93 $683.28
63 /dz. Cardinal 8071080 Sovoie Glass $25.18 $1,712.24
84/dz. Cardinal 8071083 - Goblet Glass $18.98 $1,594.32
160 /ea. Vollwrath'( " " '•. Coffee Server $12.88
13 -6 /dz. $2,060.80
Lancaster 0213 Stacking Rocks $78.28 $1,017.64
12 /ea. Lockwood R.;170ER24E Bun Pan Rack $187.53 $2,250.36
45/3oz. Libby 15427 Glass Plates $51.00 $2,295.00
25 /loz. Libby 15201 Stacking Glass Mugs $12.34 $303.50
800 /ea. 90165 10 1/2 Versalles Plate $7.20 $5,760.00
1250 /ea. 901602 7 1/2 Versalles Plate $3.15 $3,937.50
800 /ea. 901608 9 oz. Versalles Tea Cun $4.05 $3,240.00
350/ea. 900010 Cup Versalles Large $2.25 $787.50
160 /ea. 904027 Sugar Pouch Holder $4.02 $648.00
160 /ea. 901111 Cylinder Versalles Salt/P $5.40 $964.00
160 /ea. 900149 Pitches 4oz. $2.70 $432.00
1608 /ea. Tango Dinner Knife $2.06 $3,216.00
1608 /ea. Tango Dinner Fork $.90 $1,447.20.
804 /ea. Tango Salad Fork $.85 $683.40
806 /ea. Tango Soup Spoon
804 /ea. $.85 $260.10
Tango Teaspoon $.60 $482.40
1P /ea. Tango Butter Spreader $1.20 $255.60
TOTAL FREIGFiF $880.15
Quantity Item Numbers Item Unit Price Extended
300 188A26X /ea. Pan Sheet Full Size 18x26 $5.45 $1,635.00
1 7817/ea. Disher 50oz. 30 Black NSF $6.03 $6.03
1 4616 /ea. Collander Altura 16gt. $42.92 $42.92
4 5264/ea. ?measurer Alun 4qt. $13.24 $52.96
6 5327/ea. Pan Cupcake Alun 24 cup $38.73 $232.38
6 1906 /ea. Scraper - Plate /Bwl 16.5" $1.88 $11.28
1 2884/ea. Scoop -Utl Clr Carbx 320z. $3.92 $3.92
3 47154/ea. Disher- Rt/Lft Hndsqz #20 $10.97 $32.91
4 5286 -8 /ea. Turner Cake 8X3 Sanisaf $11.13 $44.52
2 S14710SC Slicer Break 10" SC SSAF $9.77 $19.54
6 6S19 /ea. Knife- Paring 3.25" CL.PPT $3.81 $22.86
1 6501 -8 Spatula Semifix 8x1 BLD $6.53 $6.53
6 0050 /ea. Peller -Knee Action Carb $1.38 $8.28
1 43 /ea. Brush -Hand Scrub Nylon $4.16 $4.16
4 430-2/ea. B
/ rush -Pas Nylon 2
�' $3.05 $12.20
I`�'
1 2841/ea. Brushwire w /Scraper $2.34 $2.34
6 1529C /ea. Box -Tote 15x2lx5 Gray $3.37 $20.22
12 1524C /ea. Box Cultry 4CP 15x2lx4 GRA $4.02 $48.24
6 3022 -2 /ea. Pan -Fd ss Half sz 2.5DP $7.43 $44.58
6 3024 -2 /ea. Pan -Fd ss Half sz 4 "DP $10.43 $62.58
6 3034 -2 /ea. Pan-Fd ss Third sz 4 "DP $9.78 $58.68
6 3064 -2 /ea. Pan-Fd ss Sixth sz 4 "DP $6.07 $36.42
2 46793/ea. $194
Spoon Solid ss 13" . 3.88 $
3 46976/ea. Spoon Slotted ss 13" $1.94 $5.82
4. 46908/ea. Ladle, ss 8oz. $3.52 $14.08
6 47113/ea. Tong -Util Hinged ss 12" $1.73 IN A
6 0-9s /set Pastry Tubes -Star 0 -9 �U
6 0-9s /set Pastry Tubes -Star 0 -9 $26.44
1 334C /ea. Pastry Decorating Set $3.05 $3.05
6 3418/ea. Bag- Pastry Nylon 12x18 $5.91 $35.46
4 173724 /p -a. Board --Cut Plst 18x)4x5 $18.58 $74.32
1 6304 /ea., Spoons- Measure ss Set /4 $1.14 $1.14
6 10317 /ea. Graze -Icing W R 18x26xl $15.33 $91.98
1 21 /ea.. , Slicer -Egg 2 -Wa y $3.73 $3.73 8 1087 /ea: $2.87 $22.96 Cylinder Sliver Wht Nyl $13.37 $80.34
6 22SFSCW /ea. 22 qt. Container $1.78 $10.50
6 SPC12 /ea. 12, 18 & 22 qt. Lids
Commissioner introduced the following
resolution and moved its adoption:
EDA RESOLUTION NO:
RESOLUTION ESTABLISHING PROJECT 8900 IN THE EARLE
BROWN HERITAGE CENTER FUND FOR CATERING EQUIPMENT
AND SMALL WARES IN ACCORDANCE WITH THE CONTRACT
WITH D'AMICO & PARTNERS HOSPITALITY CONSULTANTS, INC.
-----------------------------------------------------
WHEREAS, the Earle Brown Heritage Center has entered
into a new catering contract with D'Amico & Partners Hospitality
Consultants, Inc., which calls for the Heritage Center to purchase
its own catering equipment and small wares; and
WHEREAS, the cost for the catering equipment and small
wares is $ $50,572.44; and
WHEREAS, Council Resolution authorizes the Earle
Brown Heritage Center Fund to borrow funds from the City's
Investment Trust Fund for this purchase.
NOW, THEREFORE BE IT RESOLVED by the Economic Development
Authority , that:
1. The purchase of the catering equipment and small wares
0 is approved at a cost of $50,572.44.
2. All costs of the project shall be charged to the Earle
Brown Heritage Center Fund.
3. The Investment Trust Fund will provide financing as
described in the City Council Resolution authorizing
the loan to the Earle Brown Heritage Center Fund.
Date Todd Paulson, President
The motion for the adoption of the foregoing resolution was duly
seconded by commissioner , 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.