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HomeMy WebLinkAbout1982 12-20 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER DECEMBER 20, 1982 7:00 p.m. 1. Call to Order 2. Roll Call 3 Invocation 4. Open Forum 5. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a council member so requests, in which a event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6. Approval of Minutes December 6, 1982, September 20, 1982, September 27, 1982 7. Final Plats: A. P.B.C. 2nd Addition (resubdivision of parcels located at 6120 Brooklyn Boulevard and 6117 and 6123 Beard Avenue) 1. Resolution Approving and Authorizing Execution of Development' Agreement for P.B.C. 2nd Addition This resolution approves a development agreement which provides for the construction and maintenance of a physical barrier to discourage cut- through traffic from Brooklyn Boulevard to Beard Avenue North. *b Dale and Davies 3rd Addition (resubdivision of two parcels located at Dale Tile France Avenue and Lakebreeze Avenue) *c. Hi Crest Square Estates 2nd Addition (resubdivision of Outlots A through F of Hi Crest Square Estates for purposes of continued townhouse development east of Humboldt Square and south of 69th Avenue North) *8. Performance Bond Release - Howe Fertilizer f 9. - Reappointments to City Advisory Commissions for 1983 10. Resolutions: ` *a. Accepting Bid and Awarding Contract for the Purchase of 30,000 GVW Truck- for .Public Works Department /Street Division *b. Accepting Bid and Awarding Contract for Purchase of Patching Material Heater for Public Works Department /Street Division It is recommended the low quote of Minnesota Correctional Industries of Stillwater, Minnesota in the amount of $5,200 be accepted. -,ate' CITY COUNCIL; ACjE dDA -2 December 20, 1982 C. Approving Portions of Classification Lists NC -6:52 and NC -654 -This resolution approves the public sale of two parcels of tax forfeited land within the City of Brooklyn Center. d. Approving Five Year Municipal State Aid Street Improvement Program *e. Appointing the Commissioner of Transportation as Agent for the City of Brooklyn Center -This action, designates the Commissioner of MN /DOT as the agent for the City for the purpose of receiving Federal Aid Urban funds:. These funds; will be utilized for construction of the bicycle /pedestrian bridge across T.H. 100 between 'Lions Park and the Brookdale Shopping Center. *f. Approving a Private Kennel License and Establishing Conditions of Operation g. Accepting Bids and Authorizing Purchase of Four (4) Police Patrol Sedans -It the amount e o It is recommended the bid of Hansord.Pontiac of Minneapolis of $8,816.89 per unit be accepted. h.. Setting Wages and Salaries for the Calendar Year 1983 i. Amending the 1982 General Fund Budget (Annual Adjustment) j.: Amending the 1982 and 1983 General Fund Budgets (to carry-over several 1982 uncommitted; appropriations to the 1983 Budget) k. Adopting Comprehensive Plan Adopting Critical 1. Ado 1 Areas Plan A g *m. Designating Director and Alternate Director to the Suburban Rate Authority n. Relating to -a $7,200,000 Commercial Development Revenue Note °(Commercial Partners /Brookdale Square) o. Approving Collective Bargaining Agreement between International Union of Operating Engineerings, Local No. 49 AFL -CIO and the City of Brooklyn Center - Consideration of this resolution will be contingent upon completion of final contract documents to the Council meeting. 11.. Public Hearing (8:00 p.m.) a. On proposed assessment for Ailey Improvement Project No. 1982 -14 (Alley Construction from 53rd Avenue to 54th Avenue between Dupont and Emerson Avenues) -- Notices have been sent to all affected property owners and notice has been published in the City's official newspaper. 1. Resolution Adopting, Assessment of Improvement Project No. 1982 -14 CITY COUNCIL AGENDA -3- December 20, 1982 '0 12. Planning commission Items (8:15 p.m.) a. Planning Commission Application No. 82037 submitted by Northport Properties to rezone from Rl to Cl the land at 5415 Brooklyn Boulevard, where the Northport Medical Clinic.is.'presently,located. This appliea- tion was initially reviewed by the Planning Commission at its October 14, 1982 meeting when it was tabled and referred to the Southwest Neighborhood Advisory Group for review and comment. The Planning Commission recommended approval of Application No. 82037 at its December 9, 1982 meeting. 1. Resolution Regarding Disposition >of Planning Commission Application No. 82037 b. Planning Commission Application No. 82046 submitted by Glen Marsh Real Estate Investments for preliminary plat and variance approval to sub - divide into two lots the parcel at 910 55th Avenue North. The Planning'' Commission recommended' approval of Application No. 82046 at its December 9, 1982 meeting. C. Planning Commission Application No. 82047 submitted by Ryan Construction Company for amended special use permit approval to allow medical and dental uses in the office building at 6300 'Shingle Creek Parkway which is zoned I -1. The Planning Commission recommended approval of Application No. 82047 at its December 9, 1982 meeting. d. Planning Commission Application No. 82048 submitted by City of Brooklyn ' Center for site and building plan approval to construct an opaque wall to" screen outside storage and to build an addition to the salt storage.building at 6844 Shingle Creek Parkway. This application also requests special use permit approval to allow outside storage in connection with a "noncommercial use required for the public welfare ". The Planning Commission recommended approval of Application No. 82048 at its December 9, 1982 meeting. 1 Discussion of alternate materials for construction of screening wall. 13. Renewal of Animal Control' Contract -It is recommended a motion be made by the City Council approving the Animal Control Contract for 1983. 14. Authorization for Submission of Application for Participation in Hennepin County's Group Insurance_ Program through the Hennepin County Joint Purchasing Agreement -It is recommended a- motion be made by the City Council authorizing submission of this application to allow the 'City to participate in Hennepin County's Group Health Insurance Program. 15. Discussion Items_ a. Police Department Year End Report on Liquor Establishments b Staff Report on Recent State Budget Balancing Legislation' CITY COUNCIL AGENDA -4 December 20, 1982. 16. Consideration of Specified Licenses a. On -sale Intoxicating Liquor Licenses -- Earle Brown Bowl, Green Mill Restaurant, Ground Round Restaurant, Holiday Inn, Lynbrook Bowl, Meriwether's Restaurant, Red Lobster Restaurant, T. Wright's Restaurant, Yen Ching Restaurant b. On- sale.Sunday Intoxicating Liquor Licenses -- Earle Brown Bowl, Green Mill Restaurant, Ground Round Restaurant, Holiday Inn, Lynbrook Bowl, Meriwether's Restaurant, Red Lobster Restaurant`, T. Wright's Restaurant,` Yen Ching Restaurant_ Q. On -sale Wine Licenses -- Denny's Restaurant, The Good Earth Restaurant d. On -sale Club License -- Brooklyn Center American Legion Post No. 630 e. On -sale Nonintoxicating Liquor Licenses -- Beacon Bowl,.Chuck Wagon Inn, Denny's Restaurant, The Good Earth Restaurant,, Happy; Dragon Restaurant, Pontillo's Pizzeria, Rocky Rococo's Pizza, ShowBiz Pizza, Taco Towne *17. Licenses 18. Adjournment., I 4 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN IN THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 6, - 1982 CITY HALL . CALL TO ORDER The Brooklyn Center. City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspec- tion Ron Warren, Mr. Dave Kennedy, representing the City Attorney's Office, Public Utility Superintendent Craig Hoffmann, Assistant City Engineer Jim Grube, and Administrative Assistants Brad Hoffman, and Tom Bublitz. INVOCATION The invocation was offered by Pastor Errol Webb of the Brooklyn ,Center Church of the Nazarene. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired of the audience if "there was anyone present who wished to use the Open Forum. There being none, he proceeded with the regular agenda items. - CONSENT AGENDA Mayor Nyquist inquired whether any of the Council members desired any items removed from the Consent Agenda. Councilmember Hawes requested that item 9e be removed from the Consent Agenda. Administrative Assistant Bublitz noted a correction on the first, page of the November 22, 1982 minutes. He explained that all references to Section 31 -140 of the City ordinances should be changed to read 34- 140.,' There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting Tof .;S- eptember 13, 1982 as: submitted. Voting in favor; Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting a g gainst: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve; the mingt,es of the City Council meeting of -November 22, 1982 with- with the correction -noted bye Administrative Assistant Bublitz. Voting in favor: Mayor' Nyquist, Councilmembers'.:Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed - unanimously. There was a ,motion by Councilmember Scott and seconded by Councilmember Hawes 12- 6.-82 -1- Too to approve the minutes of the City Council meeting of November 30, 1982 as sub- mitted. Voting in favors Mayor Nyquist, Councilmembers Lhotka; Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. FINAL PLAT APPROVAL - HAMM'S ADDITION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the final plat of Hamm's 'Addition, subdivision of existing lot at 6501 Brooklyn Boulevard (Planning Commission Application No. 82041) subject to review and 'approval of an Abstract of Title or Registered Property Report by the City Attorney. Voting in favor: Mayor Nyquist, Councilmembers_Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PERFORMANCE BOND REDUCTION There was a motion by Councilmember Scott and 'seconded by Councilmember Hawes to approve the performance bond reduction for Pontillo's Pizzeria, 5937 Summit Drive, from $24,000 to $2,000. Voting in favor: Mayor 'Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION; NO. 82 -225 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon- the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott,. Bill Hawes, and Rich Theis; and the following voted against the same: . none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -226 Member Celia Scott introduced the following < resolution and moved its adoption: RESOLUTION AMENDING MUNICIPAL STATE AID STREET CONSTRUCTION POLICY The motion for the adoption of the foregoing resolution was duly seconded by member' Bill Hawes, and upon vote being taken thereon the following voted in favor thereof Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO. 82 -227 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS''FROM THE FEDERAL REVENUE 'SHARING FUND TO THE GENERAL FUND The motion for` the adoption of the foregoing resolution',was duly seconded by member Bill Hawes, and upon vote being . taken thereon the .following voted in favor' thereof: Dean Nyquist, Gene Lhotka, Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 12 -6 -82 ,-2- RESOLI,'TTON NO. Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE OUTSTANDING ACHIEVEMENT OF THE BROOKLYN ,CENTER HIGH SCHOOL FOOTBALL TEAM 1982 STATE CLASS A FOOTBALL CHAMPIONS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon the following voted in f favor thereof Dean Nyquist Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis-, and the following ;voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -229' Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION COMMENDING MS. VIOLET LEWANDOWSKI FOR HER GIFT TO THE CITY. OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member' Bill Hawes, and upon vote` being taken thereon the following voted in favor thereof: Dean Nyquist =, Gene Lhotka, Celia Scott, Bill. Hawes, and Rich Theis and the following voted ,against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: CATERING FOOD VEHICLE LICENSE _ Green Mill Restaurant 5540 Brooklyn Blvd. CIGARETTE LICENSE - Advance Carter Company 850 Decatur Ave. N. Brooklyn Center Liquor #1 6800 Humboldt Ave. N. Brooklyn Center Liquor #2 6150 Brooklyn Blvd. Brooklyn Center Liquor #3 5711 Morgan Ave.' N. Denny's Restaurant 3901 Lakebreeze Ave. N. Red Lobster 7235 Brooklyn Blvd. Big -Bi Service Station 5710 .Xerxes Ave. N. Brookdale Cinema 5801 John Martin Dr.' Brooklyn Center Shell 6245 Brooklyn Blvd Brother's Brookdale Restaurant Brookdale Center Dahlco Music & Vending Co. 119 State<,Street Ground Round Restaurant 2545 County Rd. 10 Interstate United 1091 Pierce Butler Rte.,' Ault Inc. 1600 Freeway Blvd. State Farm Insurance 5940 Shingle Cr. Pkwy. Northwest Microfilm 1600 67th Ave. N. LODGING ESTABLISHMENT LICENSE Brookdale Motel 6500 Lyndaole Ave. N. 12 -6 -82 -3- ti MECHANICAL SYSTEMS LICENSE All Season Comfort, Inc. • 55 Mound Ave. NONPERISHBLE VENDING MACHINE LICENSE Viking Gym 6504 :Shingle Cr. Pkwy. POOL AND,BI.LLIARD TABLE LICENSE Advance Carter Company 850 Decatur Ave. N. Brooklyn Center Community Ctr. 6301 Shingle Cr. Pkwy. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against none. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Establishing Water Supply Well No. 9, Improvement Project No. 1982 -30, Approving Plans & Specifications, and Ordering Advertisement for Bids (Contract 1982 -Q). The Director of Public Works explained, the tests, conducted as part of the water supply study, show that the City, has an excellent supply of water with regard to ;both quality and quantity. He explained the report submitted by Black & Veatch recommends ,proceeding with establishing the next - well for the City's water supply to be located on the tax forfeit property owned by the City and located in the northeast portion of the City. The Director of Public Works then intr- tduced Mr. Len Rodman of Black & Veatch, who explained to the Council that the water supply study was a joint study by Black & Veatch and Hickok & Associates. Mr. Rodman' proceeded to review the water supply study and explained the ,short germ of valuation of the study resulted in a recommendation for a new well. He informed the' - Council - that the current water, usage in the City is 75°J residential and 25% commercial, industrial, and other uses. He explained the average per capita per day usage of water is 85 gallons and that with this usage demand the City needs ,12.2 million gallons per day for supply. He noted the existing supply capacity is 11.8 million ;gallons per day. With regard to the location of the well, Mr. Rodman explained there are three viable sites for the - location of the wells in the City. He - explained the quality of the water is very high and there were no organics in the water, at least none -could be detected with the procedures used for testing. He explained the only constituent above the standard is manganese and that this was two to ten times the standard. He explained that' the standard was not a health standard but an aesthetic standard'. He added that polyphosphates are added at the well sites b y Y P g the e Ci t to keep the man anese in solution. He added that much of the known sources of contaminants in the state are to the east and south of the City wells and would not pose :a threat- to the City since the City's water comes from the north and west. Mr. Rodman explained that the Jordan Aquifer is the highest capacity aquifer' available in the 'metropolitan 'area. Therefore, he pointed out, the study recommends that one well be drilled into the Jordan Aquifer to meet the short term needs, for water supply. lie explained the remainder of the study to be conducted will address the long term water supply needs of the City. He added that preliminary approval for the well location has been received from the Minnesota State' Department of Health and that bids for the project could be received as early as January of 1983. 12 -6 -82; -4- J Mayor Nyquist inquired how the recommendation for the location of the wells was arrived at. Mr. Rodman explained the ability of an aquifer to pass water is assumed to be the same throughout the aquifer. Fie explained that other wells in the area would interfere with the water passage and that: the space; between wells is correspondingly calculated. He explained that the recommendation for the location of the wells in one location is that if the water must be treated at a later date it would be in one location and would be more cost effective to treat. Mr. Rodman also reviewed the location of the Hinckley Aquifer, which he explained, is 400 feet deeper than the Jordan and ,stated that the Hinckley Aquifer may be tapped from the same location, if the Jordan Aquifer can no longer be used. He added that the capacity of the Hinckley Aquifer is not as great as the Jordan, and the City may want to look at using ground water supplies if the Jordan fails and the Hinckley; Aquifer cannot meet the needs of the City. RESOLUTION NO. 82 -230 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER SUPPLY WELL NO. 9:IMPROVEMENT PROJECT NO. l982-30 APPROVING PLANS AND'SPECIFICATIONS, AND ORDERING ADVERTISEMENT FOR BIDS (CONTRACT 19`82 -Q) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereoft the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against, the same:; none, whereupon said resolution was declared_ duly passed and adopted. OPEN FORUM Mayor Nyquist noted he had received a request to use the Open Forum see from Mr. Ulyssess Boyd, 480.7 Azelia Avenue North in Brooklyn Center.. Mr. Boyd explained that he wanted to discuss the activity occurring at-the old pole yard site in the neighborhood. He explained that ,a great deal of activity is occurring at the site presently and that building' materials are being brought in and stored.at the site. He explained that some months ago he attended a meeting and was told that the residents in the area would be notified as to the use;of the land for industrial purposes. He stated <he had not been notified of the current activity in the area. He- ,explained that the 'main problem in the area is noise pollution and that it was noise around the clock, including machine noises:, and the t noise of lumber being. unloaded from railroad flatcars. He asked the Council that they consider this and see what can be done to eliminate the problem..,. : ..:. The City Manager _explained that, if a developer came in with a' development proposal for the area, then the residents would be notified, but in,this case 'the- land,was apparently leased from the Joslyn Company by a building supply firm. He explained the City staff is currently checking into the activity.-but-noted that the use of., the property is in compliance with the zoning ordinance and that individuals do. not need, to contact the City when they start a business which is a permitted use in the zoning .district. He 'explained that ' of the noise is apparently coming from a generator which is used for power to' he <site.'--He-explained the staff is-: , ,. now collecting information on the operation. 12 -6 -82 -5- The Director of Planning '& Inspection talked to the manager of the operation and stated that he is intending to meet with the manager later in the-week to see if the problems can be resolved. He explained that the use, as indicated, is permittedo however, he noted there are noise standards which must be met by ordinance. The City Manager emphasized that -a permit is not required for a business to enter the City, as long as the zoning requirements are ,met, Councilmember Lhotka requested that the staff address the situation as -soon as possible, RESOLUTIONS (CONTINUED RESOLUTION VO. 82 -231 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER NEIGHBORHOOD PARKS IMPROVEMENT CONTRACT 1982 -F (DRINKING FOUNTAIN INSTALLATION IN VARIOUS PARKS) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon the following voted in favor ' thereof: Dean Nyquist, Gene Lhotka, Celia Scott Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -232 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEAPING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1982 -06 (WATER MAIN INSTALLATION IN KYLAWN PARK TO TWIN LAKE NORTH APARTMENT COMPLEX) The motion. for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -233 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER ASSESSMENT RATES EFFECTIVE JANUARY, 1, 1983 The motion for the adoration of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon the following -voted in favor "thereof Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, The City Manager introdliced a Resolution Providing for the Write -Off of Uncollectible Checks and explained that the 'resolution comprehends the write -off of'bad checks received by the City's municipal liquor stores. The Director of Finance explained the checks represent four one - hundredths _(4 /100) 12 -6 -82 -€�� of one per cent (1 %) of the total sales of the municipal liquor.stores and that the dollar amount was $2,)23.73. He 'exnlait:od that, in light of the total sales for the stores, this is a very small amount. He added that the City does have a policy of prosecuting individuals whenever possible. RESOLUTION NO. 82 -234 Member Gene Lhotka; introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE CHECKS '. The motion for the adoption of the foregoing resolution was duly, seconded by member Rich Theis, and;upon vote being taken thereon the following voted in favor therof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -235 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF SIX STAINLESS STEEL DOORS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following,voted against the same: none, whereupon said resolution was declared duly passed and adopted.. PUBLIC HEARING ON PRIVATE KEN4EL LICENSE The City Manager explained the City has received an application for a private kennel license from Mr. Jesse Sandoval, 5548 Logan Avenue North and that, under the current City ordinance, a public hearing is required as part of the private kennel application process.` Mayor Nyquist opened the meeting for the purpose of a public hearing on a- private kennel license application from Mr. Jesse Sandoval, 5548 Logan Avenue North in Brooklyn Center. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak at the public hearing. The City Manager explained that he had received .a call from an individual with a health problem which required a great amount of rest, and that the individual was concerned that the issuance of the private kennel license allowing Mr. Sandoval to maintain five dogs at the residence may create a problem. Mayor Nyquist stated that he had received two calls, one from the same caller as the City Manager, and one from another resident in the neighborhood. Councilmember Theis stated that he would like to see conditions attached to the license which would specify that the dogs permitted, in the ,kennel would be restricted to only those dogs stipulated in the license at the time of application. Mrs. Sandoval'' stated that they have spoken to the caller in the neighborhood and that the caller has not 'complained about other dogs in the neighborhood. She added ' 12 -6 -82 - -7- - that she believed the reason she had not complained about other dogs in the neighborhood is that the owners of the dogs belong to her husband's church. Councilmember 'Theis stated that he received a call from a neighbor in the area of Sandoval's residence and that the taller had no objection to the application. Ther was.a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on the private kennel license application of Mr. Jesse Sandoval, 5548 Logan Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Mayor Nyquist stated that his major concern with the private kennel license is the possible harmful affects on the neighbor's health. The City Manager stated the private kennel will be checked annually and in addition, the City staff will respond to any complaints received throughout the period of the license. He added that if any complaints are received on the private kennel throughout the course of the year, the license will again have to be reviewed by the City Council. He added that, if no complaints are received in the course of the year, the City Clerk can renew the license without Council review. There was a motion by Councilmember Scott, and seconded by Councilmember Hawes to direct the staff to draft a resolution approving the application for a private kennel license submitted by Mr. Jesse Sandoval, 5548 Logan Avenue North with the conditions stipulated by`the City Council. Voting in favors Mayor Nyquist, Council- members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. R ECESS The Brooklyn Center City Council recessed at 8:34 p.m. and reconvened at 8:52 p.m. AN ORDINANCE AMENDING CHAPTER 4 OF THE CITY ORDINANCES RELATING T DELINOU WATER AND.SEWER ACCOUNTS The City`Manager explained the ordinance would increase the interest rate charged on delinquent public utility accounts from 8% to 12 %. He explained the ordinance is recommended for a second reading this evening and a public hearing has been scheduled for 8:00 p.m. He added the ordinance was first read.on November 8, 1982 and published in the official newspaper on November 18, 1992. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 4 of the City Ordinances Relating to Delinquent Water and Sewer Accounts. He inquired if there was anyone p- resent who wished to speak at the public hearing. 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 Hawes to close the public hearing on An Ordinance Amending Chapter 4 of "the City Ordinances Relating to Delinquent Water and Sewef,.Accounts. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 82-18 Member Gene Lhotka introduced the following ; ordinance and moved its adoption- 12-6-82 T 8i L AN OFLzl."dA''J(:T: X! ,,'i;)TNf3 CT1]'c1! 4 OF THE CITY ORDINANCES 'RELATING TO DELINQUENT } WATLF: AND SLI I:R ACCOUNT The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and upon vote being taken thereon the following voted in favor 'thereof: Dean Nyquist,, Gene Lhotka,- Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 82030 SUBMITTED BY MARIE REYES FOR A VARIANCE FROM SECTION -35 -400 OF THE ZONING ORDINANCE TO ALLOW A TWO CAR GARAGE TO BE SET BACK 25' FROM THE FRONT PROPERTY LINE AT 5700 CAMDEN AVENUE NORTH, RATHER THAN THE NORMAL 35 The `City Manager explained this Planning Commission Application was considered at the August 12, 1982 Planning Commission meeting and was recommended for denial. He -noted the item was tabled at the August 2`3, 1982 City Council meeting at the request of the applicant and was tabled again at the September 13, 1982 City Council meeting due to the absence of the applicant from the meeting. He explained that consideration of the application this evening is to determine the final disposition of the application: The City Manager pointed out that the applicant has been notified in writing of this evening's meeting and that the staff is recommending 'denial _ of the'application;'- and he noted that the 'applicant has not been present on each of the three_ occasions where the application was considered. He explained that under the ordinance the presence of the applicant is required for variance requests There was a motion by Councilmember "Hawes and seconded by °Councilmember Scott to deny Application No. 82030 on the grounds that the standards for variance are not met. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS MINNESOTA DEPARTMENT OF TRANSPORTATION PLANS FOR COLD MILLING AND RESURFACING TRUNK HIGHWAY 152 (BROOKLYN BOULEVARD FROM TRUNK HIGHWAY 100 TO 68TH AVENUE NORTH) The Director of Public Works explained that MN /DOT recently submitted a set cif preliminary plans for a Safety Improvement" of Brooklyn Boulevard from trunk highway 100 to 68th Avenue North. He explained the improvement consists of "cold milling" or grinding off approximately 1 3/4 inches from the existing'bituminous� surface, then resurfacing the roadway with the same thickness of a new mixture. -He explained the primary purpose of the project is to improve the skid resistance of the roadway while also improving its rideability., He added that the project is eligible for Federal Safety funding. He explained the plans do not require review by the City but MN /DOT has submitted them to the City for information and discussion purposes. Mayor Nyquist inquired as to the possibility of closing the median on Brooklyn Boulevard at 56th A North;' The Director of­; Public - Works explained that it >., may be a problem to include this in the project. He added that the greatest problem is people crossing from Brookdale all the way across Brooklyn Boulevard to the service road. He stated that the staff can review-the possibility of closing the median at 56th and can run some capacity counts on the area. Councilmember Hawes stated that he agrees with Mayor Nyquist and that -he feels strongly about closing the median at 56th and added that it.is, in his opinion,' a dangerous intersection. 12 -6 -82 -9- CLOSED CIRCUIT TELEVISION FOR POLICE DEPARTMENT The City Manager stated that, now "that='the 'C:ouncil has had a chance," to revI first hand the problems with security and visibility in the police department, the staff has requested authorization to go out for bids on the :closed circuit television for the police department area.' There was a motion Councilmember Scott and seconded by Councilmember Lhotka to authorize the City staff to prepare specifications and order the advertisement for kids for closed circuit television equipment in the police department'.` Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott,-Hawes, and Theis.' Voting against:' none. The motion passed unanimously, STATE AND LOCAL FINANCIAL CRISIS The City Manager reviewed the Action Alert received by League of, ; Minnesota Cities . regarding the state and local financial. crisis. He explained that the proposal" of the legislature is to require that employees pay the City's contribution to their retirement and that the City would then in` turn ; pay their portion of the. contribution to the state. The City Manager stated that the proposal developed by the legislature does, in his opinion, not address budget cuts but only delays the cuts. He stated that the proposal may result in the loss of good employees in municiiDal service in the future. The Director of Finance noted that the State of Minnesota is now holding $500,000 of the City's funds now and that they are still _ - discussing -a 10% to 20% cut of remaining funds. The Ci'y Manager 'stated he would recommend that the state government allow local governments more control over their own situations. Councilmember Scott commented that local government is more accountable to citizens than the state government and that she believes the state should' recognize this. Council discussion regarding the financial crisis continued and there was a general concurrence among 'Council members that the state's- action was not in the best interest of the citizens of the State of Minnesota nor the public employees. The City Manager reviewed the Weaver bill (Fiscal Disparities Act) and noted that the City loses a portion of new commercial and industrial valuation to the metro- politan pool as a result of this.existing Act. In summary, he stated the state's actions in the long run, will not be effective in dealing with the existing financial crisis. ADJOURNMENT There was a motion by Councilmember Hawes and seconded.by'Councilmember Scott to adjourn the.- meeting. Voting in favor:' Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none.'- The motion passed unanimously. The Brooklyn Center City Council; adjourned at 9 :30 p.m. Clerk Mayor 12 -6 -82 MINUTES OF THE PROCEEDINGS OF THE CITY•COUNCIL OF THE CITY OF ,BROOKLYN CENTER IN THE COUNTY OF HENNEPIN IN THE STATE OF MINNESOTA SPECIAL SESSION SEPTEMBER 20, 1982 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session and was called to order by May Dean Nyquist at 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis'. Also present were City Manager Gerard Splinter, Director of Finance Paul Holmlund, Chief of 'Police James 'Lindsay, Police Captain 'Scott Kline, and Administrative Assistants Brad Hoffman, Rick Green, and 'Tom Bublitz. Also present was Dayle Nolan, representing the City Attorney's office. RESOLUTIONS The City Manager introduced a Resolution Adopting a Housing Plan for the City of Brooklyn Center Pursuant to Minnesota Statutes, Chapter 4620. He explained the resolution is a necessary step in the mortgage revenue bond program and that representatives of Miller & Schroeder are present this evening to answer any questions the Council may have. Councilmember Theis inquired whether there was any. similarity in the mortgage - revenue bond program and industrial development - revenue bonds. Administrative Assistant Hoffman pointed out that the only liability the City would have in the program would be money which would be put into "up front" administrative costs. .e- RESOLUTION NO. 82 -189 Member Celia Scott introduced'` the following resolution and moved its adoptions RESOLUTION ADOPTING A HOUSING PLAN FOR THE CITY PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C The motion for the adoption of the foregoing resolution was duly seconded`by member` Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean ,NY4uist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -190 Member Rich Theis introduced the following resolution and :moved its adoptions RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1982 -L (CENTRAI`PARK SITE 1 _IMPROVEMENTS, PROJECT 1982 -24) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in 9 -20 -82 .1_ R a favor thereof: Dean Nyquist_, Gene Lhotka, Celia Scott, Bill Hawes,, and Rich . Theis;, and the following voted a8ainst. the same: none, whereupon said resolution was declared duly passed and adopted. Mayor Nyquist reconvened the public hearing on the 1983 City budget. The City Manager proceeded to review the anticipated revenue-for 1983 and noted that the tax levy is 'the ' maximum - allowed under the levy limit, law and that the City's levy is 'only. 17% of the total tax bill. He also reviewed a sampling of the estimated taxes on various home values in Brooklyn Center. He then re- viewed the various - sources of 'revenue contained on pages 8 and ,9 of the proposed 1983 budget. The City Manager also reviewed the debt redemption fund and general improvement bonds, including the 1959 building and improvement bond redemption and the 1980 park bond redemption. REVIEW OF DEPARTMENTAL APPROPRIATIONS CITY COUNCIL BUDGET The City Manager reviewed the City Council proposed budget for 1983 and in response to a - question from Councilmember Hawes, he reviewed the City's involvement with and benefits of the League of Minnesota Cities, the Association of Metropolitan Cities and the other organizations in which the City holds membership. He added that staff time saved by the research provided by these organizations on new laws and other :items that affect_.'municipal government is a benefit in that the City staff would' have to donate considerable research time to match the information provided by the League of Minnesota Cities and Association of Metropolitan Cities. CHARTER COMMISSION The City Manager stated that the recommended amount for 1983 for the Charter Commission budget was $1,500, which is the statutory requirement. CITY MANAGER'S OFFICE The City Manager reviewed the proposed capital outlay for the City Manager's budget and also rioted that there are no personnel changes proposed for 1983 in this budget. ELECTIONS AND VOTER'S REGISTRATION The City Manager explained that a portion of the amount proposed for professional services under' the elections budget, may be used to develop a 'training program for voting' machine set -up which would make use of part -time persons employed specifically to set up the machines for the elections. ASSESSING' DEPARTMENT The City Manager stated thati he is recommending the current number of personnel be maintained in the Assessing Department, and noted that this would mean one less appraiser than in 1981. FINANCE DEPARTMENT The City Manager reviewed the, Finance Department budget and noted that there is no change proposed from 'previous years. 9-20-82 _ J_ INDEPENDENT AUDIT The City Manager explained that a slight increase in the amount for the audit 0 of City financial records and accounts is being requested for 1983. LEGAL COUNSEL The City Manager stated that he is recommending a reduction in the legal counsel budget, to try to function with less legal work. He did point out, however, that the prosecutor's time is totally dependent' on the number and nature of cases and that the prosecutor now has the extra burden of prosecuting, gross misdemeanors. Councilmember Hawes :inquired` whether there was any way to recover any of the costs, expended in prosecution. The Chief of Police stated that, under the current fine system,, the court cost is assessed, then the remainder 'of the fine is returned to the City, except in the instance of Highway Patrol cases where one -half of the ;fine is returned to the City and two.- thirds to' the State of Minnesota. He added that the fines revenue for 1983 is estimated at ,$120,000. GOVERNMENT BUILDINGS The City Manager pointed` out an error in the government buildings''' budget and explained that a part -time person is not proposed for addition in 1983, but rather that one full -time person was eliminated in.1982. The City Manager proceed- to . review the capital outlay recommendations contained in the proposed 1983 government buildings' budget. Councilmember Theis questioned whether $2,000 would be adequate to. improve the sound system in the Council Chambers. The City Manager stated that he would verify this 'cost estimate. DETACHED WORKER PROGRAM The City Manager stated that last year the Detached Worker Program ; *as funded at $15,000 but because of state aid cut - backs, this 'amount was reduced to one - half of the original budgeted amount. : He added that he believes the program is a -good program but because of the cut-backs, the program did not rank high enough to warrant recommendation for 1983 funding. _ Mayor Nyquist recognized: Ms.- Frankie Frances, Associate Executive Director of the Northwest YMCA who stated that the Detached Worker Program is the only program that 'deals with hard -tom- reach' families. She added that United Way dollars would also be Lost if no matching :Funds are received from other sources, such as the City and Hennepin County'. She added that she believes it is cheaper to run ,.,d a home based 'program rather than out -of -home placement in institutions such as correction facilities and and = foster homes. She stated that if the.. Detached ;E} Worker Program dies it will cost more to start a' new program. She pointed out that her additonal concerns were that the Detached Worker Program is the only program of its kind in Brooklyn Center and that she is worried about the program -, being eliminated in the community. She added that the program gets more referrals than before and noted that 7.:there are more single _parent- households involved in requests for help. Ms. SFrancel added that in bad; economic times, there :is an increase in family and youth problems and a greater need for; human services. Y , {° She added :that `the Northwest 'Hennepin Human Services a Gouncil ranked the" Detached Worker' Program as a priority and added that she does not know what families who need this service would do -, because no other similar service is available.. 9 -20 -82 -3- Mayor Nyquist stated that this may be something to discuss with the school board. Ms. Francel noted that the school's refer students to the Detached "Worker Program for non — school related problems not handled by the school counselors. Councilmember Hawes stated that he thinks the Detached Worker Program is more beneficial than the lobbyist for the new 610 Crosstown and added; that the Council donated $1,000 to the lobbyist. He stated that he would like to find money to fund the Detached Worker Program. Councilmember Scott stated that she has always been a proponent of the Detached Worker Program and, since the number of school counselors has been curt, she would like to come up with some way to fund the program. The City Manager stated that perhaps the Chamber task force could help in this area. He added that the detached worker got into the municipal realm because of the availability of CETA funds and that when the CETA program was discontinued the City's were strapped with the funding. He added that it is not easy to cut this type of program out of the budget. Ms. Francel stated that the Northwest YMCA may be able to offer the Detached Worker Program to municipalities for as little as $8,500 because of other` sources of funding. POLICE DEPARTMENT The City Manager explained that the 1983 proposed police department budget includes a; reorganization of the department. He noted that the proposal, which is contained in the budget, represents an approach which would deliver to the public as many sworn personnel ' hours on the street as possible. He explained the proposal involved utilizing uniformed ;officers to provide_ services for which they are trained and equipped and to "civilianize" other duties for which their training and expertise is not needed.. He added that the reorganization would - provide $62,000 in savings in the budget.' He explained the reorganization would direct the efforts of the present sergeants to street work and move them away from administrative functions. Mayor 'Nyquist requested the City Manager to clarify the seniority issue with regard to the reorganization. The City Manager explained that, in discussions with the sergeants and their business agent, Mr. Roland Miles, he learned that Mr. Miles position is still that seniority means seniority in the bargaining unit. He added that the staff believes that, based on a history of collective bargaining,, seniority clearly'' "means - employee seniority, not bargaining unit seniority. He .pointed out that he has been unable to convince Mr. Miles that seniority is based on 'employment with the City and not in the bargaining unit. The City Manager. pointed but that he does not believe the Public Employee Labor Relations Act would allow` the creation of another bargaining unit for corporals'. He added that the City is not displeased with the performance of the. sergeants, rather it is a question of a change in their job duties. Councilmember Lhotka `inquired how a corporal would be defined. The City Manager explained that the work assignment would be defined by the City and also that the corporat position would have to mee t of the ten criteria for supervisory positions as defined by state statute. He pointed out that there is a chance that, with overtime,, the corporal could take home more than a sergeant at the 1982 rate. Councilmember Theis. stated that he. feels there must be other alternatives to deal with the situation and inquired whether the organization could be structured differently. The City Manager stated that a number of alternatives were discussed, including a reduction in the number of sergeants and the rearrangement of admin- istrative duties. The Chief of Police stated that the staff has looked at the possibility of using three sergeants and three corporals. but that the major concern again, was keeping people. on the street. He added that calls for service has decreased but that he believes this trend has bottomed . out. Re added that, although calls for service has decreased, the type of calls received by the department are more serious. He explained that various alternatives were reviewed but that they all appeared to cut into the number of officers on the street. He stated that, if the number of officers on the street were reduced, the overtime -pay would have to ,be, increased to compensate for this. He noted that there has been an attempt to evaluate the street activity of sergeants and he added- that currently it accounts for approximately 10% of their, time. He added that, by creating the corporal positions, it would be in the area of 70 The City Manager stated that he believes with two captains and. one chief,, they would be able to handle ;the, supervisory duties. He . added he believes the proposal before the Council contributes the most to cutting costs and putting officers back on thib street.- Councilmember Lhotka inquired how the supervisory duties of the sergeants would be taken up when the sergeant positions are gone. The City Manager explained that they would be taken up by the captains and the chief. He pointed out that participation in grievances and administering discipline would no longer 'be conducted by the sergeants but that they still would provide leadership in the field. Councilmember Hawes stated that the apparent purpose of the reorganization was to reduce costs and ,increase manpower in the street. He inquired about -the possibility of a wage freeze for 1983, which would address the reduction in ' Cost. He added that, �Jncreased coverage on the street may:r -be helped by someone else doing the administrative work and that this may be the answer to the problem. The City Manager stated thaC­ his impression is that, if relieved of the admin- istrative duties, the corporals would be down to five or four- of the ten super- visory duties as stipulated -by the Public Empldyeels Labor Relations Act. , He added that this would effectively take them but of the supervisory classification. He also pointed out that the City of New Hope has settled with their police department for 6% and. that he does not know if a wage freeze, at this time, would be realistic. -.Discussion continued ,a ong Councif memb' P ers regarding the sergeants duties with regard,to reorganization. Councilmember Hawes stated that he believes the plan put together by the Chief of Police and the -City Manager is well thought out but that he is reluctant 9-20 -5- to make such a major change. He stated that he had received many calls from persons who were quite indignant" about the proposal for' reorganization. The Chief of Police stated that the reorganization, in his ,estimation, would increase the on- street activity, of police. He ;explained that labor costs in the police department represent 93% of the total budget and that the staff believes they are improving the street situation by the reorganization. Mayor Nyquist recognized St. 'G'reg Weeks, who addressed the Council and staged that he believes there are three major issues to be considered under the reorgan- ization and that they, are seniority wages and authority.'' He stated that the sergeants are not convinced that the seniority "issue can be 'satisfactorily re- solved'. He added that there 'is little savings in the reorganization plan, espe- cially in light of the 'fact that current programs are running smoothly. He pointed out that the police department is now handling tougher calls than ever before. He added that the ,sergeants have traditionally been instructed not to participate in nonadministrative activities. He - noted "that - he believes the job description of the corporal is very similar to the existing sergeants. He added that he is willing to have the sergeant's duties redefined but kept in their own ;bargaining unit. He requested the City Council reconsider the proposed reorganization. RECESS The Brooklyn Center' City Council recessed at 9 :30 p.m. and reconvened at 9:45 p.m. The representative from the City Attorney's office left the meeting at 9.46 p.m. FIRE DEPARTMENT The City Manager explained the 1983 proposed Fire Department budget is less than 1982 since no major capital ;outlay items are proposed' for 1983. He noted a change in the budget as proposed, pointing out that the Fire Department has considered the simulators a higher priority than the air bottles and that they prefer to substitute the simulator for the purchase of the air bottles in the 1983 budget. PLANNING & INSPECTION DEPARTMENT The City Manager noted that there was no change in the _1983 proposed budget for the Planning ;& Inspection department, EMERGENCY PREPAREDNESS The City Manager explained the federal- government has notified the City that, with regard to reimbursement under the federal grogram on emergency preparedness, if other City d e p artments are not charged r y p f or util�.t�es the cannot' be .:char. ed g �., y g as reimbursed a cost under emergency preparedness. He added that this will be a change, in the reimbursement received from the federal government for emergency preparedness. ANIMAL CONTROL The City Manager explained that the staff is looking at alternatives for the keeping of impounded dogs and for keeping impounded dogs out of police vehicles. �_� A= 20--82 e�,_ Ir}iC;TI14 [ PO JI aION' The City Manager explained that the 1983 proposes Engineering Division budget ro g g P P no substantial changes over 1982. He proceeded to review the capital outlay items for the engineering budget. STREET CONSTRUCTION AND MAINTENANCE The City Manager explained that this department will be cutting back the equivalent of one person in 1983 and that the equivalent 2,080 hours will be used for a sewer 'cleaning ;project. He explained the Public Utilities Department will re- imburse the Street Department for the time. The City Manager continued to review- the 1983 proposed City budget includiri P P Y. g g the Vehicle Maintenance budget, Traffic Signs and Signals budget, Street Lighting budget, Weed Control budget, Health Regulation and Inspection budget, Recreation and ,Park Administration budget, Adult Recreation Program budget, Teen Recreation Program budget, Children's Recreation Program budget, and General Recreation Program budget. COMMUNITY CENTER The Director of Finance stated that the Community Center budget reflects an increase in membership e es f r 19 p o 83. He proceeded to review the fee increases and also noted that there is a proposal to charge $5 for senior citizens use of the community center. He ,rioted that currently senior citizens` are not charged for the use of the community center. The City. Manager explained that in 1983 the issue of expanding facilities in the community center should be addressed and that in the 1983 proposed budget, adequate information was not presented by the recreation administration to warrant any expansion. The City Manager proceeded to review the proposed 1983= Parks Maintenance budget. UNALLOCATED DEPARTMENTAL EXPENS The City Manager explairied' there is no major change in the Unallocated Departmental Expense budget for 1983 and pointed out that major items in the budget include the cost for LOGIS, insurance for the City, and contingency costs. With regard to the format of the 1983 proposed budget, Councilmember Theis request- ed a second column of actual figures" be presented for a' better history on the actual costs. The Director of Finance stated that the addition of one column of past actual costs will 'cut into the text under the present ,format and abbrevi- ations will have to be used for the text. ADJOURNMENT There' was a motion by Councilmember Hawes and seconded by Councilmember`Lhotka to ; adjourn the meeting. Voting in favor: Mayor Nyquist, Gouncilmembers Lhotka, Scott,; Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City; Council adjourned at 10:35 p.m. Clerk Mayor 9 -20 =82 -7— MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN IN THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 27, 1982 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill 'Hawes, and Rich Theis. Also present were City Manager Gerald Splinter -, Director of Public Works Sy Knapp,` Director of Finance Paul Holmlund,, Chief of Police James Lindsay, and Administrative Assistants Gary Shallcross,;Rick Green, and Tom Bublitz. INVOCATION The invocation was offered by Pastor Rabine of the Brookdale Covenant Church. OPEN FORUM Mayor Nyquist noted he had received a "request to use the Open Forum this evening from Mr. Leonard Buecksler,_ 2337 Brookview Drive. Mayor Nyquist noted that Mr. Buecksler indicated he would like to address the Council on the topic of the animal ordinance and, since` the ordinance would be addressed .later on in the agenda, Mr. Nyquist suggested that the Council address the -Open Forum when the item is reached in the agenda. CONSENT AGENDA Mayor Nyquist inquired whether any of the Council members desired any items removed from the Consent Agenda. Councilmember ,Lhotka requested that it -em 10a be removed from the Consent Agenda. PERFORMANCE BOND RELEASES There was a motion. by Counc.lmember Scott and seconded by Councilmember Theis to authorize the release of the performance guarantees. on Humboldt - Square Estates, 674'9 through 6777 Humboldt Avenue North, in the.amount;of $1,000, and Community Emergency Assistance Program- .(C.E.A.P.), 7231: Brooklyn Boulevard`, in the amount of $28,000. Voting.. in favor: Mayor Nyquist, ,'Count i"lmembers Lhotka, Scott', Hawes,, and Theis. Voting against: none. The motion passed unanimously.: LICENSES There was a motion by Councilmember Scott and seconded -by Councilmember Theis to approve the following list ,of licenses: �t GAMBLING LICENSE Earle Brown :School P.T.A. Earle Browri`chool MECHANICAL SYSTEM'S LICENSE Suburban Heating & Air Conditioning 8419 Center Dr. 9- -27 -82 —1— u SIGN HANGER'S 1&7 Sirens, inc. 6417 Penn Ave. S. RENTAL DWELLING LICENSE Initial -:' Monica Theresa St. Martin 7141 Newton Avenue N. Jack Lescault 3507 62nd, Avenue N. Gary &. Karin Lidstone 4800 71st Avenue N. Renewal: Mrs. Paul Enge 4748 TwinLake Avenue V. Marlyn & Gayle Kruse 2101 71st Avenue N. H. & Val J. Rothschild, Inc. 7260 -7274 Unity Avenue N. H. & Val J. Rothschild, Inc. 7240 -7254 Unity Avenue N. H. & Val J. Rotschild Inc. 7225 -7273. Unity Avenue N. John Mallinger 7224 West River Road Robert M. Lindblom 5538 Colfax Avenue N. Harold Liefschultz Chippewa Park Apartments Tom Castle 5256 E. Twin Lake Boulevard Donald Ogilvie 6742, 44 France Avenue N: Wilbert & Delores Hanson 7210 Perry Court East Khawer- Mahmud /Mahmud & Mahmud 5843 Fremont Avenue N. Richard Wei:cht 5301 Dupont Avenue N. Jack & Elizabeth Fahrenholz 620 53rd Avenue N. Milton R. Carlson 610 53rd Avenue N. Dwight Jereczek 6319 Brooklyn Drive Gary D. Anakkala, 5412;5 Fremont Avenue N. Dion Properties, Inc. 5740 Dupont Avenue N. Kenneth W. Kunz 5601 Lyndale Avenue N. Keith L. NordbY 5964 Brooklyn Boulevard Dean K. Stendal 5456 Emerson Avenue N. Guy & Patricia Reuss 5824 Camden Avenue N. Allan & Vicki Olson 7111 Riverdale Road Voting in .favor:'. Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis Voting against: none'. The moti6fi passed unanimously.' PROCLAMATION DECLARING OCTOBER' 13, THROUGH OCTOBER 9 AS WELLNESS -WEEK IN BROOKLYN ` CENTER There was a motion by Councilmember 'Lhotka and seconded by Councilmember'Hawes to approve a Proclamation Declaring October 3 Through October 9 as Wellness Week in Brookyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, l:v, Scott, Hawes, and Theis. Voting against: none. .The, mot , i;6 passed unanimously.' _} REQUEST FOR STOP SIGN ON WOODBTRE NORTH AT HALIFAX AVENUE NORTH The City Manager explained` this- item as a request from the citizens in the .neigh- borhood and' that the City staff'and the Traffic Safety Committee have investigated VE and reviewed the matter in detail. He pointed out that, after extensive discus- sions, the Traffic Safety Advisory Committee recommended denial of the request ` for stop signs in favor of other mitigative measures. 9 -27 -82 -2- Administrative Assistant Rick Green noted that the Traffic Safety Committee has reviewed the problem; in depth 'aver the past several weeks. He explained that there is little more than normal traffic volumes on Woodbine Lane He noted the request is for a stop sign at Halifax and Woodbine. He explained the staff has found the warrants- are not in order, and that the criteria are not met to place a stop sign at this intersection. He added that the Traffic Safety Committee found few traffic accidents but _did find vandalism in the: area, and also some speeding cars. Administrative Assistant Green informed the Council that the Traffic Safety Committee recommended increased traffic enforcement in the area. He noted that the evidence is not apparent to warrant the erection of a stop sign; rather, he pointed out, the advisable` course of action would be to step up enforcement in the area and put up a double chevron sign to warn drivers of the approaching T intersection. He stated that he believes this is an adequate response to the problem, and that the neighborhood has expressed some satisfaction' with this recommendation, but they feel the problem will not be ,solved by it. 1 Councilmember Hawes inquired whether yield signs could be erected at the inter- ::,,t. section.. Adminstrative Assistant Green noted that yield tsigns are generally not effective against speeders and that with a yield sign it is often difficult to establish right of way. The Director of Public Works explained- that 8 to 10 years ago, yield signs were installed in the City and that the experi -ence with them has been relatively poor. Discussion continued regarding the placement of the 'chevron sign and proposed increased enforcement for the neighborhood. Councilmember Theis commented that he believes the problem is one of excessive speed and that he also believes a stop sign would reduce that speed. He stated that -'a chevron 'sign may make' - -people aware of the" T ,intersection but that he does not believe it would stop the speeding. Administrative Assistant Green noted that a small _percentage of the cars actually speed through the area, and that this small percentage will not typically pay - attention to a stop sign. He added that 90% of -the drivers will stop but the other 10% will not be control - led by a sign. He explained that the problem occurs, since not enough east/ west collectors exist in the City, and as a result, Woodbine has a larger than normal, traffic volume. He hote"d that accidents -In the area are primarily the result. of drunk drivers.` He indicated he does not believe the stop sign will slow ". the traffic down and pointed out that the stree -t doe- not have as much traffic as 'a normal collector but _does have more than 'a typical residential street. The Director of Public -Works stated that the use of stop signs has been shown, s locally and nationally, to not -stop speeders and',? in factmay create a reverse "Ir = it problem as drivers speed up after stopping. Councilmember Lhotka stated that he would Like: to see if -the problem improves in six months and would also Pike t'o hear from residents in the neighborhood. There was a motion by Councilmember Theis and seconded by Councilmember' Lhotka 9 -27 -82 -3- to approve the staff recommendation for the intersection at Woodbine and Halifax to erect. the chevron signs, and increase enforcement in the area, and to direct the staff to report back to the Council in May of 1983 regarding the effectiveness of the staff recommendations, and to report on the enforcement and surveillance in the area, number. - of traffic accidents, and property; damage. Voting in favor: Mayor < Nyquist, Councilmembers, Lhotka, Scott, Hawes, and .Theis. Voting against: none. The motion passed unanimously. REQUEST FOR STOP SIGNS AT INTERSECTIONS AT UNITY AVENUE NORTH BETWEEN 63RD AVENUE NORTH AND HOWE LANE The City Manager explained that the item was a request from citizens within the neighborhood and originally had been submitted to- the -City. Council during the Open Forum at the City Council meeting. He explained the City staff has investigated the matter in detail and after review of the situation with staff input" and discussion of the matter with neighborhood representatives, the _Traffic Safety- Committee recommended denial of the request for stop signs in favor of other mitigative measures. Administrative °Assistant Green pointed out that the initial request for the stop signs came about when the residents wanted relief from the traffic noise in the area and, specifically, noise from MTC and school buses. Additionally, he pointed out, the residents in the area wanted relief from the vibrations occurring in their homes as a result of the bus traffic. A particular problem of the area, he pointed out, has been that the area is built on a peat bog and that vibrations are easily transmitted through.this__type of soil. Administrative Assistant Green reviewed the recommendations of the staff and the Traffic Safety Advisory Committee for the area.. . The recommendations included regular enforcement on Unity Avenue with regard to speeders.` Additionally, it was pointed out, that the major problem in the past, was with the school using =Unity Avenue as a cut- across to Zane. This problem has been resolved by a gate in the 'school parking lot: Councilmember Theis inquired',whether buses could create any structural damage in the area. The Director of Public Works replied that there is always a small problem but that he had not seen anything unusual with regard to the vibration - , situation. However, :he, pointed; -.out, buses along Unity AverLuewl do appear in. number s , ,, t .f•„ greater than on most streets. There was a motion by Councilmember Lhotka, and seconded by Councilmember Scott to - approve the staff recommendations to provide regular traffic enforcement on Unity Avenue with regard to speeders and to deny the request for stop_ signs at the intersections at ,Unity Avenue North - between 63rd Avenue North and Howe Lane. Voting in favors Mayor Nyquist, Counciame,mbers.Lhotka., Scott, Hawes, and Theis. Voting against: none. The motion - .passed unanimously. RESOLUTIONS RESOLUTION NO. 82- 191 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -C 9 -27 -82 —4— The motion for the adoption of the foregoing resolution was duly seconded by m -ember Celia Scott:, and upon 'vorcy being taken thereon the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none,- whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 82034 SUBMITTED BY VIKING GYM,, INC., /JAMES EVANS FOR A SPECIAL USE PERMIT TO OPERATE A GYMNASIUM - WITHIN THE INDUSTRIAL BUILDING AT 1800 FREEWAY BOULEVARD l�]HICH IS ZONED I -1. Councilmember Lhotka left the table at 8 :50 p.m. Administrative Assistant Shallcross reviewed the location of the subject parcel for Council memebers. Councilmembers Lhotka _returned,_to. the table at 8:51 p.m, Administrative Assistant` Shallcross reviewed' pages 1 and 2 of the September lb," 1982 Planning Commission :minutes and also the Planning Commission, infor- mation sheet prepared for Application No. 82034. He explained the Planning Commission recommended approval of the application subject to four conditions which he reviewed for Council members. He noted a public hearing had been held by the Planning Commission and that notices had been sent to the surrounding . property owners' regarding this evening's public hearing.. Councilmember Hawes inquired whether there would be any liability for the City for items inspected by the City and licensed by the City. The City Attorney responded and explained that there are law suits of this nature but in Minnesota they have been 'denied. He added that, in this instance, there is no code'require- ment for specific kinds of carper -t: or showers or weight lifting' equipment. Councilmember Scott inquired as to the type of equipment to be installed. The applicant replied that the gym would be installing, heavy duty weight lifting equipment and that they would be covered by liability insurance. Mayor Nyquist opened the meeting for the purpose o €.a`public hearing on Planning Commission Application No. 820334 and inquired if there' was anyone present ' who' wished to speak at the public - hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion- by Councilmember Lhotka and seconded 'by Councilmember Hawes to close the public hearing en Planning Commission Application No. 82034. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion pa-s.$ed unanimously. There was 'a motion by Councilmember Lhotka and seconded by Councilmember' Scott to approve Application No. 82034 subject to the following conditions: 1. The special use permit is issued to, the applicant as operator and is nontransferable. 9- 27' -82 -5- 2. The special use permit is subject to all appropriate codes, ordinances, and and any violation thereof shall bo grounds for revocation. 3. Hours of operation shall be from 10:00 a.m. to 9:00 p.m. Monday- Friday and 10:00 a.m. to 4 :00 p.m. Saturday. 4. The operation shall be inspected by the City Sanitarian for compliance with basic health and sanitation standards,' twice, within the first year of operation and thereafter as deemed appropriate. The costs for such inspections shall be paid by the ,applicant. PLANNING COtitMISSIO7 APPLICATION NO. 82036 SUBMITTED BY NATURE'S IMAGE TAXIDERMY FOR A DETERMINATION THAT A TAXIDERMY BUSINESS IS SIMILAR IN NATURE TO OTHER USES PERMITTED IN THE 1 -2 ZONING DISTRICT. Administrative Assistant Shallcross presented and reviewed for Council members pages 3 through, 4 of the September 16, 1982 Planning Commission minutes ,. and -also .,the _ Planning Commission information sheet, prepared for ",Application - - - -- No. 82036. He proceeded to review the location of the subject parcel, and noted that some of the Planning Commission discussion at - 'the 'September 16, 1982 meeting centered' on the disposal of, -the left -over animal parts after the taxidermy _:. operation had been completed. He added that the 'Planning _Commission-Aid arrive. at a finding at their meeting, which he reviewed for Council members. He added ,,: that no public hearing is required for the appl =ication and that the applicant is present this evening. Councilmember Hawes inquired how quickly the applicant disposes of the left- over animal_ parts. The applicant replied that the remains of the animals would be disposed of in a day or two, and that the procedure would be to call and have the remains picked -up. Councilmember Lhotka inquired whether the left- over parts of the animals, which are to be disposed of; wdutd normally be frozen.­' tt.. The applicant stated.;that', most -of` their business is done in the fall, and winter and that the temperature in the state acts as a natural freezer. Councilmember `Lhotka then inquired whether it' is a policy of their business to freeze the left -over parts of animals. The .applicant replied, that they do have freezer facAlities.- Councilmember Lhotka then inquired whether the sanitarian inspeot =5- the taxidermy operation. The City Manager stated that the sanitarian does inspect =j the premises, and that the 's`taff wi ll clarify the sanitarzYan's' obligation with regard to inspection of the taxidermy operation. There was a motion by Councilmember Theis, and seconded by Councilmember Lhotka to find that taxidermy is a` use similar in nature to other uses permitted in the I -2 zoning district. Voting in favor: Mayor Nyquist, Gauncilmembers Lhotka, _Scott, and Theis. Voting against: none. The motion passed. Councilmember env h awes abstained from. -,the vdt , due to his wife's affiliation with the companyai �''�i renting space to the applicant. { P COMMISSION APPLICATION NO. 82035 S BY ARL KROLL FOR A SPECIAL USE PERMIT TO CONDUCT A DANCE' STUDIO` -IN THE SHINGLE CREEK PLAZA II INDUSTRIAL BUILDING AT FREEWAY BOULEVARD AND XERXES A VENUE NORTH WHICH IS LOCATED IN THE` y I -1 ZONE. 9 -27 -82 -6- Administrative Assistant Shall reviewed pages 2 through 3 of the September 16, 1982 Planning Cnr:ifl�;sion ininutes and also the information sheet prepared for Application No. 82035. He proceeded to review the location of the subject parcel and noted that the use is a permitted` use in a C -2 'zone and is a special use in the _I -Z zone in which it is located. Administrative Assistant Shallcross reviewed the 'Planning _'Commission's approval of Application No. 82035, subject to two conditions, which he reviewed for Council . members. lie explained that notices of this evening's meeting have been sent to surrounding ,property owners and that a representative of the applicant was present. Councilmember Lhotka inquired as to the specific location of the dance studio. The applicant explained that the dance' studio is located at the Xerxes end of _ the industrial building on Freeway Boulevard. Mayor Nyquist opened the ,meeting for the purpose of `a public hearing on Application No. 82035.` He inquired if there was anyone present who wished to speak at the public_ hearing. No one appeared to speak and he entertained a. motion to close the public hearing. There was a motion by Counclmember Scott and seconded by Councilmember Hawes to close the public hearing on ,Application No. 82035. Voting in favor: Mayor Nyquist, Councilmembers Lhotka•, Scott, Hawes, and Theis. Voting' against: none. The motion passed unanimously. - There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Application No. 82035 subject to the following conditions: 1. The special use permit is issued to the' applicant = - as operator of the facility and is nontransferable. 2. The special use permit' is subject to applicable codes, ordinances, and regulations and violation thereof shall be grounds for revocation. Voting in favor: Mayor Nyquist,:'Councilmembers Lhotka, Sc'ott,`Hawes,, and Theis. Voting against: none.- The motion passed unanimously._ - >.• ORDINANCES AN ORDINANCE AMENDING CHAPTER l OF THE CITY ORDINANCES REGARDING ANIMALS. The City Manager expl -ained th&- ordinance was first read on August 9, 1982, publish= ,..• ed on August 26, 1982, and was referred back to the staff for revision at the September 13, 1982 City Council meeting. He explained the 'ord'inance is offered this evening ,for `an amended reading. The City Attorney explained -'the revisions to the animal` ordinance amendment requested by the City Council°. at the September '13, 1982 meeting are included - 'in Section 1 -105, paragraph:: and 7, and Sectian 'l -108• and 1 -109. He added that the language in the ordinance indicating 3 years as a maximum time to maintain 4.3 a, private kennel license is suggested for discussion purposes and is not made 9 -27 -82 -7- as a specific recommendation. Councilmember Theis inquired whether the 3 years would be a maxiz =xm time. The City Attorney 'explained that the Council may stet a ,greater or lesser 'period than the 3 years stated in the proposed ordinance. Mayor Nyquist recognized Mr. Leonard Buecksler, 2337 Brookview Drive, who question- ed why the ordinance addressed only dogs and not cats, since there are a lot of cats around the City. The City Attorney, explained that it is difficult, to control cats as compared to dogs and the enforcement and expense is considerable. Also, he explained preople are -generally resistant to any control of cats since they are typically not regulated by ordinances, as are dogs. The City Manager explained that cities with ordinances regulating cats have found that the ordi- nances are very difficult to enforce. The City Attorney commented that cats, are included in the private kennel license and that if an individual has four or more cats, the owner is required to obtain a private kennel license. He added that, in order to regulate the vaccination against rabies in cats, licensing would be required to maintain realistic control. ORDINANCE NO. 82 -12 Member Celia Scott introduced the following ordinance and moved its adoption:' AN ORDINANCE AMENDING CHAPTER I.OF THE CITY ORDINANCES REGARDING ANIMALS The motion fcr the .adoption of the foregoing ordinance was duly seconded by -. member -Bill Hawes, and upon vote being taken thereon the following voted in favor thereof: Dean zNyquist,, Gene Lhotka, °Celia Scott, 'Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING GENERAL LICENSING REGULATIONS The City Manager explained the ordinance amendment -would provide the fee schedule for licenses required by Chapter l of the City; ordinances regarding animals and that the ordinance is offered for first reading this evening and for a public hearing to be held on October 25, 1982 at 7:00 p.m. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first.- reading'- An - - Ordinance Amending- Chapter''23 of the City Ordi nances Regarding General Licensing Regulations and to set- a public hearing on ; the ordinance for October 25, .1982 at 7:30 p.m. Voting in 14' or: Mayor Nyquiat' Counc`ilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The. motion passed unanimously. RECESS ao. The.. Brooklyn Center City Council recessed at 8:261:-p.m.!4an:d: reconvened at 8140 i P.M. DISCUSSION ITEMS _ REDEVELOPMENT OF THE AREA BETWEEN 68TH & 69TH AVENUES NORTH FROM 'WEST RIVER ROAD'TO ALDRICH AVENUE NORTH 9 -27 -82 -8- They Director of Public Works reviewed his memorandum regarding redevelopment of the area between 68th and 69th Avenues North from West River Road to Aldrich Avenue North. Ife explained the area was reviewed in the mid 60's and again in 1976 by the City staff. He explained the reason for the current interest in redevelopment of this area is the MN /DOT plan for trunk highway 252 recon- struction. In that reconstruction, he pointed out, 42 homes are to be relocated. He presented the item as discussion for the City Council and requested direction regarding what, if any role, the staff should play in the .redevelopment of the area. Councilmember Scott commented that she believes it is time to do' something about the area and suggested calling a, meeting of the property owners in the area to see` what their interests. are. The Director of Public Works agreed that this should be the first ,step and stated that is why no conceptual plans have been shown' at this point. Councilmember Lhotka stated that he believes the State participation in relocating utilities into the ' are•a west' of West River Road °should be a negotiable item between the City and the State. Councilmember" Scott then questioned whether or not all the land in the area would have to be ` purchased if the highway recon- struction leaves the area landlocked. The City Attorney stated" he would review the statutes covering this type "of 'situation and report back to the `Council. Councilmember Hawes inquired what the cost of the redevelopment plan would - be. _ The Director of Public Works stated that the staff has not examined the cost at this point but the area was reviewed in 1976 and would have to be updated He pointed out the . would be different from the study proposed for the Joslyn site, in that ° he Joslyn area would encompass a market study, while the area in question between 68th and 69th Avenues would be simply platting an R- 1 area. ALLEY IMPROVEMENT POLICY The Director of Public Works reviewed his. memorandum to°- -the• City Manager regarding alley paving policy in the He stated that complaints were received recently a w regarding the existing condition of unimproved alleys,' one' which; is 'located between Fremont and Girard Avenues from 55th to 57th Avenues.' He added that <,a it would be doubtful. whether `W1. of the property `owners along the alley would support any improvement.. Since;:the current policy of-the-City is that the improve- ment will not be considered unless there is a petition requesting the 'project LO signed by at least 5O% of the _. property owners, the staff wanted to return to the Council to discuss the policy. The City Manager stated that, ;perhaps the percentage could be set at somewhere •, between Oro and 50%, -:_and pointed out that if 35% is used, then the improvement would 'require a 4/5 vote of the Council to approve. He explained that projects which are petitioned generally•have; a much better clxanca success. r,•- Councilmember Theis 'stated that he would like to see the Council change the 3 . t policy to somewhere between :25/0` to 30% of the property owners. The Director-7 of Public Works noted- that 25% to. 30% is generally what can normally be expected but situations can occur where two or three owners have a serious problem: 9 -27 -82 -9- The City Manager suggested that perhaps a figure of 20% could be used with the provision that a serious problem with less than 2077. will be , brought to the Council's attention. He added that this could be 'put in resolution form and presented at the next Council meeting. Councilmember Lhotka'stated that he believes a figure of 20 /a is too low and that a number such as 30% would be more acceptable. CONSIDERATION OF SPECIFIED LICENSE NONINTOXICATING LIQUOR LICENSE APPLICATION FOR THE PIZZA FACTORY The City Manager explained the application was first considered at the August 23, 1982 City Council meeting and was tabled to the September 13, 1982 meeting to allow time to obtain more information on the investigation report.. He explained the application was withdrawn from the September 13, 1982 meeting agenda at the request of the applicant. Mayor Nyquist noted _that since the application was laid over from the August 23 meeting, he did not wish to review all the past material discussed at that meeting, and inquired whether the applicant had any additional information to offer. Mayor Nyquist recognized Mr. 'Chuck Rogers, who stated that he was an attorney representing Mr. Aish and his wife and explained that Mr. Aish and his wife have made application. for the 3.2 beer license and, since Mr. Aish will be involved in the business with his wife, the attention given to him in the investigation report was probably not inappropriate. He stated the last allegation against Mr. Aish was made in 1,975 and that nothing has happened since that. He explained that allegations made against Mr. Aish since 1969 ended in hung juries or no charges and that, in his opinion, this could be interpreted` as meaning that Mr. Aish may have not been guilty. ,. Mr. Rogers then asked Chief of Police, James Lindsay to review which portions- of the investigation report he personally would not have sent out to other police departments. Mr. Lindsay stated that he would not have sent the report from the. state fire marshall in South Dakota and also some reports on arson without determining there validity further-. r .., Mr. Rogers stated that Mr. Aish has worked as an insdrance - - agent, and that - since since" the. insurance industry 'thinks he is a sufficient and substantial citizen to sell their product, he would -hope to convince the+­Cauncil "t-o allow him to sell 3.2 beer. Mr. 'Rogers stated that Mr. Aish would `accept the provisional license, if possible, but that he realized the difficulty in retracting such a license. The City - Attorney explained the various situations where a- probationary license ne is used, including situations. ' there has been some ,, corttrete defect in the o1 license application, such as a- _restaurant which is short of seats to meet the ordinance seating requirement He explained a probationary ;license granted on- the character of _an applicant is a different situation and that once the license is granted by the City Council, they would not have authority to retract the license by saying that the applicant does not qualify. The City Attorney recommended against issuing any probationary license. Q 9 -27 -82 -10- Mr.. Rogers stated that he believes Mr. Aish can run a clean family business in the community, and that he can sell pizza without beer `but will not receive as great a return on his investment. - Councilmember Lhotka inquired whether the applicant was ever found, guilty of any of the allegations. The Chief of Police commented that he was guilty of gaming; violations, including- a gambling, violation,, where he ran a numbers board l on the super bowl. He added that Mr. Aish's bartender had been found guiltly of se lling liquor before noon on Sunday. Councilmember Lhotka made a motion to approve the nonintoxi €acing liquor license for the Pizza Factory. The motion died for lack of a second. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to deny the application for a nonintoxicating liquor license for the Pizza Factory. Voting yes: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting no: Councilmember Lhotka. The motion passed. RECONVENE PUBLIC HEARING ON 1983 BUDGET The City Manager reviewed the subtractions and - additions in the proposed 1983 budget which had been discussed when the public hearing on the budget was previous - ly opened. He explained the net addition to the budget would be $8,048 which would be obtained from the contingency budget. Councilmember Lhotka requested an explanation of item 4322 in the police department budget. The City Manager explained the $17,964 figure is the re- occurring cost of the 911 system. Councilmember Lhotka then inquired whether four squad cars were necessary for 1983. The City Manager explained that, because of the mileage on the existing cars, four replacement cars would be necessary. Councilmember Scott stated that she would like to`s -the City Council come up with sz some _;type of funding• to maintain the Detached Worker Program. Mayor Nyquistl ° - commented that he believes no one is really questioning the benefits of the Detached Worker- Program but suggested looking at some alternate funding for the program. With regard to the .-police department reorganization, Mayor- stated that, the legal 'opinion convinced .:him that the problem `of 'seniority will not be an issue. He added that he does-, not want to see the sergeants hurt - financially._ in the reorganization. He stated he would recommend the dollars in the police department be approved and allow the staff to work out the details of the reorgan- ization. Councilmember Theis "stated that he believes the Detached Worker Program is a worthwhile ' ;, ,, � ,. cod or h ile program, °;and he bei� eves' it should go -on' and that it would be a gcsrni program for private funding.., ., With regard to the pot ice department issue ; —he = � explained that he is concerned with the possible demotions of the sergeants to corporals and is ;concerned, with the 'seniority _ issue. ,He`- stated that h' could` ;_'r " not vote for the reorganization if he- felt the sergeants would lose seniority. In conclusion, he stated he does not like the idea of a demotion. He added ,- that the reorganization would be easy to accept if the ;police department reor'gan- 9 -27 -g2 -11- ization is just one step in the total reorganization of other departments °so that the cuts would -he shared equally. He 'added that he believes the City will have to work with the dol lars in the budget and that he hopes the staff can work out the details without harming the sergeants. Councilmember Hawes commented._ that, with the deletion of one patrol officer -- in 1982, there_ would. be a savings of $30,000 and that if one patrol officer does not .retire in 1983, it appears that the s alary ; would have to be funded ' out of the contingency fund. He "added that the addition of a''captain is also'' an added expense. lie stated his recommendation would be to add.one patrol officer and not a captain and that he believed the City would be money ahead by- doing this. He stated that he disagrees with the;ICR's as judging. the amount of street work the sergeants are doing and that, in his opinion, they are spending more time on the street than the ICR's indicate. Councilmember Lhotka inquired whether the proposed. captain position would come out of existing personnel. The City Manager stated that, he believes there are qualified applicants,` based on,,-previous testing for captain$, within` the depart - ment. Councilmember 'Hawes commented ,.that he has noted the reactions of several residents_._ c in the City who are opposed to any reorganization. He _explained -that he had talked' to between 20' and 25 people and that they did not agree with the reorgan- lys ization as it is proposed. He added that he feels badly about demoting people who had been asked to do a job and are doing that job well.' He stated that he would` like to point out that whatever he would commit to in 1983 will not necessarily mean what he would commit to in 1984 and beyond. Councilmember Lhotka commented. that, on the issue of reorganization, he would have to go along with the staff,-and pointed out that the decision is not an easy` one and also that he respects what Councilmember. Hawes has said. Councilmember Theis stated that he has discussed the situation with other police departments in the area that-have different- structures.,; such as three sergeantsi . and three corporals. He stated that he does not believe he has enough inf ormation ;;�u•. or the ability to organize the police department ; su_fficiently„ to make a recommend. ation over the Chief's recommendation. He stated that he would have to go along with the staff recommendation in this situation. Councilmember Scott-stated tliat she believes' the Brooklyn ,Center Police 'Depart— ment is the best department An the entire state and that this has been one of the hardest decisions she has had to make. She stated she agrees with Council- member Theis and that she would have to go along, with the judgment of the City's legal counsel regarding; the seniority issue. •• =- •Councilmember Hawes stated that he believes the reorganisation has been made. to save dollars because of the budget- constraints and not necessarily to make a better, more efficient system. RESOLUTION NO. 82 -192 Member. Gene Lhotka introduced the following resolution and moved its adoption: 9 -27 -82 -12 RESOLUTION TO ADOPT THE 1983 BUDGET The motion for the 'adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote .being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: Bill Hawes, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -193 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION 'TO AUTHORIZE A TAX -LEVY FOR 1983 BUDGET APPROPRIATIONS The motion for the adoption- of the foregoing `resolution was duly seconded by member Celia Scott, and upon vote being taken thereon the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich ...3 - Theis; and the following voted against the same: none, whereupon said resolution:- .. was declared dul passed and adopted. ADJOURNMENT There was a motion; by Gouncilmember Lhotka and seconded by Councilmember Hawes .�. to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka,.. Scott, Hawes, and Theis. Voting against: none. The motion passed ,unanimously. The Brooklyn Center-City Council adjourned at 10:40 p.m. Clerk Mayor 9 -27 -82 -13 TO Sy Knapp, Director of Public storks FROM: Jim Grube, Assistant City Engineers',U DATE: December 17,. 1 RE: Final Plat - Hi Crest Square Estates 2nd Addition (Resubdivision of Outlets A - F of Hi Crest Square Estates = Planning Commission No. 82043) Mr. Jim Merila on behalf of the owner, has petitioned the City for approval of the referenced final prat. The preliminary plat was approved by the City Council at its November 22, 1982 meeting subject to the following conditions: 1. The final 'plat is subject to review and approval by the City Engineer. 2. The final, plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The new plat shall be included; in the same Homeowners' Association as the original Hi Crest Square Estates Addition and the association documents shall be reviewed and approved by the City Attorney prior to final plat approval. The final . plat is in order; however, the City has not received an Abstract of Title for review and approval by the City Attorney. The Homeowners' Association — documents have been forwarded to the City Attorney for his review, but approval of the documents has not been given as of this date. In consideration of the above, it is recommended the City Council approve the plat subject to review and approval of the Abstra -t of Title and Homeowners' Association documents. JNG:jn h itiYt�: � r aes r,• #s'� .e E r >, i �� .Y /'KiI.i CC.1D.St F .. � �s� i .lt r � { c r �� e � �c 5 � � °,' . � a �} 1...-......•...-- t,sc ia - a e•� lT IIS tsa f57 Ij 1U To 3 C D'cN7€�'S eRfili LiM: tA�tlT BEAR:T%SS S'M. — W i C.F.E AnJkt =. 111111 � �.� « � r T •t `\ D N15'.12'G 3 z • y�e,���y I , �7 1 r % ID It E ii ` { s =�' • _ F r MEMORANDUM TO: RDnald A. Warren, Director of Planning and Ins pection FROM. Gary Shallcross, Planning Assistant DME December 17, 1982 SLBtTECT: ` Performance Guarantee The following performance guarantee is reecem-xended for release: Z. Howe, Inc. 4821 Xerxes Avenue North Planning CmTn ss on Application No. 81027 Amount of Guarantee $27,800.00 band Obligor - William Kranz, Inc. All curbing, landscaping and storm sewer have been completed. Manhole covers to storm sewer are bolted for security reasons. Engineering Department is concerned that it have access to the storm sewer systein to close it off in the event of a chemical spill Rece�nnend release subject to resolution of this matter. Approved <by Ronald A. Warren, Director of Planning and Inspection TO: Sy Knapp, Director of Public Works FROM: Jim Grube, Assistant City Engineerjk /V , DATE: December 17, ;1982 RE: Final Plat - P.B.C. 2nd Addition (Resubdivision of parcels located at 6120 Brooklyn Boulevard and 6117 and 6123 Beard Avenue North, Planning Commission Application No. 81046) t Mr.: Mel Boyd, on behalf of the owner, has petitioned the City far approval of the referenced final plat. The preliminary plat was approved by the City Council at its July 31 1981 meeting and had been "put on hold" pending the return to this country of one of the owners who recently spent a tour of duty with a worl`d- wide relief organization. The final plat is subject to the following 'conditions: 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to Chapter 15 of the City Ordinances. A joint access agreement as approved by the City Engineer shall be filed with the pat at the County prior to the issuance of building permits. 4. Final plat approval is subject to approval of Application No. r 81047 to rezone the north 40 feet of the proposed Lot 2 from C -1 to R -4. 5, Prelminary plat approval does not imply that rezoning of the property wi l l be approved. 6. The applicant waives the restriction in MSA Section 462.358 Subdivision 3C prohibiting rezoning within one year ,after preliminary plat approval and two years after final plat approval. An additional condition placed upon the final plat procedure by the City Council' at its August 1'0, 1981 meeting provided for construction of a physical barrier (in the form of curb and gutter) to discourage cut - through traffic between Brooklyn Boulevard and Beard Avenue North. Upon review of the final plat and necessary documents, it has been found that all requirements have been met. Attached herewith is a copy of a development agreement which provides for construction and maintenance of the barrier, granting the City right of entry upon the property if the owners fail to maintain the barrier. Also attached is a copy of a resolution authorizing the Mayor and l City Manager to enter into the development agreement. It is recommended the F City Council approve both the plat and resolution at the December' 20, 1982 meeting. JNG :jn :. .. ., .... a..,v.nn.:. }:.* • ». ...„,.. r•.�e,». ....».,f..m'r•+.'.a,n,u�.. -� ,rssw 'c t+m ",t� „, ..� +�."'v+ '< f✓" ?,. ��'` In O 11 "1 •. , 1 ��+ • ` ry L�' .rte � of a ' •`• +,al r E � S ; t •r '� =y � , M W �W Y� .���� rI _��� � 3tY 1 t ,' IVr it / � ,I' • f iViaflr.ltli% ! V! T 3 r` "`' ; - �- r, ! ', d cif(? - t:oher 198:' , by and between tip Cit , o r ,<: c���;1 �n Cc fttC,>; Eier.n� nin Cnunty, Minnesota, a municipal corporation 'thereinafter called the City, and James R. Otto and Beth D. Otto, i Us'ba11( <:�d c :.L L. .Alan Otto and Carolyn A. Otto, husband and wife; and 1 Lilly Otto, a single person; hereinafter referred'to as yy �, t W01EREAS, It is understood that the present fee owners of the P.B.C. SECOND ADDITION are E. Allan Otto, Lilly, Otto, James R. Otto and Beth D. Otto and that Carolyn Otto's interest is inchoate only; and WHEREAS, the Owners intend to provide for the construction and reasonable maintenance of a barrier over and across the following described property The West 5 feet of the South 10feet,of the most easterly 147. feet (as measured at right angles to the North line of Lot 2) of Lot 1, P.B.C. Second Addition and the West 5 feet of the North 40 feet of Lot 2, P ., B . C . Second Addition. NOW, THEREFORE, the Owners hereby declare that the ,above described portion of :Lot 1,and.Lot 2, P.B.C. Second Addition shall be held by the Owners subject to the following covenants which shall run with the land and be binding upon the Owners . their, eirs*, successors and assigns,' and h shall inure to the benefit of the City and to each.of the Owners, their heirs, successors, and assigns. BARRIER: The City contracts with the Owners and the Owners covenant and Agree among themselves and hereby contract with the City that the Owners Shall construct and maintain a barrier upon said property described above in accordance with the plan described in exhibit A attached hereto and made a part hereof by reference. COST: All costs of the construction and maintenance of said barrier, including surveys, staking, material, labor..and engineering fees, if any, shall be borne by the Owners. t: ADDITIONAL COVENANTS: The Owners covenant and agree that the barrier, shall be >located on the property described` above, and that it shall` be ^ _ perpetually maintained to discourage direct vehicular access between T.H. 152 ;(Brooklyn Boulevard) and Beard Avenue North. The Owners further �- covenant and agree to` provide a financial guarantee, in an 'amount equal' to 150% of the estimated installation cost of said barrier,, in conjunction with the submission of development plans for the improvement Of Lot 2, Block 1, P:B.C. SECOND ADDITION, said financial guarantee to be released by the City upon acceptable completion of said barrier construction. .� The Owners further.-covenant and agree that.the City shall have the full right to enter upon the real estate described in the::Declaration of Easements dated the day of October 1982, and the above described property for the purpose of barrier maintenance in the event the Owners fail to maintain said barrier as herein agreed.. All related costs incurred by the City shall, be borne by the Owners. ADMINISTRATIVE COSTS: The Owners agree, that prior to the delivery to them of the t- plat, the City Manager shall collect from the Owners, the sum or :w�.; =representing the City's out of pocket expenses in connection caith the i'. r . C. Second Addition plat and related documents. IN wl `! ":t SS tho r.ErCios hereto have set their hands this EXHI A r , 5:0" - .. ?'a d Ir 1 ° i ' Gt ,. a ov' •� ,TO( �i➢ V J...', 's '- 4 ,,�.� SOD Ek 4" TOPSOIL SELECT GRANULAR MATERIAL 8612 CONC. CURB a GUTTER TYPICAL. BARRIER SECTION 7A Member � introduced the following resolution and moved its adoption: RE 0LUTIOb3 NO. RESOLU'T'ION APPROVING ARID AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT FOR P.B.C. SECOND ADDITION BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the Development Agreement between the City of Brooklyn Center, and the owners of P.B.C. Second Addition which comprehends the construction and maintenance of -a physical barrier across a portion of the subject property for the purpose of discouraging cut- through traffic between. T.H. 152 (Brooklyn Boulevard) and Beard Avenue North is hereby approved. The Mayor and City Manager are hereby authorized and directed to execute said agreement on behalf of the City of Brooklyn Center. Date Mayor ATTEST. Clerk The motion for the adoption of the foregoing resolution was duly seconded b 5 g y y member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. TO: Sy Knapp, director of Public 'uvlorks FROM: Jim Grube, Assistant City Engineer/V DATE: December 17, 1982 RE: Final Plat - Dale & Davies 3rd Addition (Resubdivision of 2 parcels located at Dale Tile France and Lakebreeze Avenues - Planning Commission Application No. 82001) Mr. William Dale has petitioned the City for approval of the referenced final plat. The preliminary plat was approved by the City Council at 'its February 8, 1982 meeting subject to the following conditions: 1. ' The final plat is subject to approval by the City Engineer. 2. The > final plat is subject to the provisions of Chapter 15 of the` City Ordinances. 3. The plat shall be modified prior to final approval by the City Council to indicate: a. Dedication of an easement for right -of -way purpose - s at the south edge of Lot 1; b. The distance from the center line of'T.H. 100 to the property line of Lot 1 as requested by the Minnesota Department of Transportation. The final plat does provide the distance measurement required under item 3b. above; however, it has been determined that the easement required by condition 3a. cannot be provided on the plat. The necessary easement has been granted by the owner and has been filed with the County, thereby meeting the intent of the condition.; The owner has forwarded ;a copy of the Abstract of Title for the property to our offices for review, but'due -to the lateness with which it was submitted, no review may be completed prior to the December 20,_ 1982-Council meeting. In consideration of the above, it is recommended the City Council approve the plat subject to review and approval of the Abstract of Title by the City Attorney. a JNG :jn I ry Y_ } t� • Y R. . ;.,..,., ` ! ,' ti • �..._, 'fib ,, qk 1� • ` %• , '7 `�/ � 0 4p" 1 4 �,. � �, ``o �.•, ,.� / ;rte I � �� • C' ri ?' 1 4 , cl , t r � , C t '"�� ,. i s � .� 1 r 1... 1. i le 1 LL p 1 . 1 P +t , A ,n� v , 4 ti � �a ` J it -c# j iii ,•.•. u,�, 1 G i n d. +i ...r 1`q •41V.1�.ItY xL'Lkh ..i � F_ _ (,.... .... "w -.. '.ry,'�� .. , . , •` :. r� +ti7pec•�.sEl•3i�YSFF..' r.,�sY�sr=�x�ae€ ; : r 1 t ,, MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Tom Bublitz Administrative Assistant BATE: December 17, 1982 SUBJECT: Reappointments to City Advisory Commissions for 1983 The following is a last of individuals on various City commissions whose terms expire on December 31, 1982. The list indicates the status of most of the Commission members regarding their desire'to serve another term.' Council action on reappointments will be an item of business at, the first meeting in January. CONSERVATION COMMISSION 3 year term Fred Albright HUMAN RIGHTS CON24ISSION 3 year terns Jayne Kuhar (has expressed a willingness to serve :another term as Chair of the commission) George Mayleben (has expressed a willingness to serve another term) Mary Ellen Rabine (has expressed a willingness to serve another term) PARKS & RECREATION COMMISSION - 3 year term Dawn Kiefer (has indicated she will resign from the ` Commission at the end of her term in 1982) Vicki Denissen (has expressed .a willingness to serve another term) HOUSING COMMISSION = - 3 year term Dolores Hastings (has expressed a willingness to serve another 'term) Ray Harolson Ronald Turner PLANNING COMMISSION 2 year term George Lucht (has expressed a willingness to serve another term as Chair of the Planning Commission)` Lowel Ainas (has expressed a willingness to serve another term) Mary Simmons (has expressed a willingness to serve anotehr term) NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL - 2 year term Dr. Duane Orn (has expressed a> willingness to serve another term on the Northwest Human Services Council) Member introduced the following resolution and moved its adoption: RESOLUTION NO. LJ RESOLUTION APPROVING A PORTION OF CLASSIFICATION LISTS : 652 -NC" AND "654 -NC" WHEREAS, the City Council of the City of Brooklyn Center has received from the County of Hennepin, two lists of lands in Brooklyn Center which became the property of the State of Minnesota, for nonpayment of real estate taxes, which said lists have been designated as Classification Lists No. 652 -NC and 654 -NC; and WHEREAS, each parcel of land described in said list has heretofore been classified by,the Board of Commissioners of Hennepin County, Minnesota, as nonconservation land and the sale thereof has heretofore been authorized by said Board of Commissioners. t NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, acting pursuant to Minnesota Statute 282, that said classification lists by said Board of County Commissioners of the land described in said list as nonconservation land be and the same is hereby approved with respect to the following two parcels: Classification List No. Property Identification No. Description 652 -NC 35- 119 -21 -23 -0004 Outlot G, TWIN : CITIES INTERCHANGE 1 0 PARK 654 -NC 36- 119 -21 -12 -0041 Lot 3, Block .1 BING'S ADDITION NO. 2 and that the sale of said two parcels of land be and the same is hereby approved. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon on 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. SE Go ' • , • 21 200 1 200 400 scale feet �b w � HIGHWA — o, 4?. e5 _ •.99 ° 352• � a Ens 3e 65 46b9 21, ��' ��i33 • a f 29 28 1 I� 27 Po.t of — ,Q�3 31 L O t I 31 Z s 0 U ti 6 d , ��/ Q _ 25 L9 W • or) v v -° — 24 7 e +° 68TH Av No. 3> r .< 1 ` �r SB9 •9irw J.. C ' >_ r >` 1 14 , 4 o ` v 2 X01, 1. r 36 t 4 2 :l O� 4 --. hol , 2 IX 13 2 Lu ., �k 4 o \ a ., _ Je e • is [y It I W 12� .�� ',qZ 3 > 13 ... — — -- - - s 'C Z lG 4 � O 5 Q(,) - 10 215 `, P� • ,� ; 1 10 — 2 � T AD ', °ems tn� a y . >c O GRANDWEW a. �# �+� 1 D. -�. 1 � g�8 y " LL! rt9�� c PLAN e 45;, w 3 RL 5 �e .: L �, PART OF LOT 22 1 X . Q 67th AVE N0. Q 4ify 4r 1 Au0 sue j10 PAR F T S • 4 y - - 40 , °. A— l V 93.21 S. 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J� t° , .;V 14 ? , S 13 �f c:M `Aft, I f w .i IZ � 33t2 r�1° �f s r a 131 Z ,° s ±8., r s. 4 . , 30 T^ 1 j /°31jj,�r I I' '� 11 !7 mil'° /� s� t r 1 a fir /■�/' i ls � ✓ �` � � o•+ ►e r a ' � we 14 7 •° � 'y S f r'-- r� , •tsi t f, n z :, r � ti ''z , 4 1 ^�'�3 ` � r � � � w ��QH �►� 2 �'a •- •� ` 4 xrrt, y I t ""�'• ' 1 .� Wr HENNEPIN COUNTY, MINN.---- Member introduced the following resolution and ... HI moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF A HEATED BITUMINOUS HOPPER WHEREAS, the City Council of the City of Brooklyn Center has appropriated $5,200 for the purchase of a heated bituminous hopper in the street construction and maintenance budget; and WHEREAS, the City of Brooklyn Center has received a quotation for the purchase of a heated bituminous hopper from Minnesota Correction Industries of Stillwater, Minnesota and WHEREAS, the quotation submitted by Minnesota; Correctional Industries was $5,200; and , WHEREAS, quotation received from McQueen Equipment, Incorporated of St. Paul, Minnesota was $9,850. NOW, THEREFORE, BE IT RESOLVED by the City of Brooklyn Center, Minnesota the Mayor and City Manager are hereby authorized and directed enter into an agreement for the purchase of above described equipment with Minnesota Correctional Industries in the amount. of $5,200. Date Mayor ATTEST: 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. w Member introduced the following resolution and moved its adoDtlon: RESOLUTION NO. RESOLUTION APPROVING FIVE YEAR MUNICIPAL STATE AID CAPITAL IMPROVEMENT PROGRAM WHEREAS,, it is estimated the City of Brooklyn Center, Minnesota, will receive Municipal State Aid street construction funds in the amount of $45.8,096 . per'.year for the succeeding five years for use in the construction o€ the City's designated Municipal State Aid Street System.; and WHEREAS, the City must make payment to Municipal State Aid, in the amount of $60,000 per year over the succeeding five years, to retire its bonded indebtedness, resulting in an estimated available allotment of $398,096 for construction purposes each year for the succeeding five years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that the following schedule reflects the projected Municipal State Aid funds available for a five year Capital; Improvements Program: Accumulated Funds Year Available 1982 Balance Available $ (19,158.07) $ (19,158.07) 1983 Estimated Allotment 398,096.00 378,937.93 Available for Construction 1984 Estimated Allotment 398,096.00 777,033.93 Available for Construction 1985 Estimated Allotment 398,096.00`' 1,175,129.93 Available for Construction 1986 Estimated Allotment 393,096.00 1,573,225.93 Available for Construction 1987 Estimated Allotment 398.096.00 1,971,321.93 Available for Construction BE IT FURTHER RESOLVED that the following Five Year Municipal State Aid Capital Improvement Program is hereby approved: Year Location Estimated Cost 1983 Xerxes Avenue bituminous overlay $ 88,000 from C.S.A.H. 10 to Shingle Creek Parkway RESOLUTION NO. Year Location Estimated Cost 1984 69th Avenue - geometric improvements $ 150,000 at T.H. 152 69th Avenue - geometric improvements 95,400 at France Avenue Freeway Boulevard /65th Avenue - bituminous 85 overlay from Shingle Creek Parkway to T.H. 252 51st Avenue - traffic signal at T.H. 152 55,000 France Avenue - reconstruction from south 275,000 south limits to 50th Avenue $ 660,000 1985 Shingle Creek Parkway - traffic signal at Freeway Boulevard $ 55,000 traffic signal at Summit Drive 38,Q00 traffic signal at John Martin Drive 77,000 traffic signal at Brockdale Square 77,000 Shingle Creek Parkway - bituminous overlay 83,000 from C.S.A.H. 10 to F.A.I. 94 330,000 I 1986' 69th Avenue reconstruction from West Palmer 497,000 Lake Dirve to Shingle Creek Parkway 1987 69th - 70th Avenue construction from Dupont 190,000 to T.H. 252 73rd .Avenue traffic signal at T.H. 252 27,000 70th Avenue traffic signal at T.H. 252 38,000 E $ 255,000 k' 5-YEAR TOTAL COST - 1982 through 1987 $1,830,000 Date Mayor G F ATTEST: 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. TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: December 17; 1982 RE: Five Year Municipal State Aid Street Improvement Program Attached is a copy of a letter from the State Aid Division of MN /DOT requesting us to `adopt a.5 year program for Municipal State Aid Street improvements. The primary purposes of this requirement are to encourage cities to do advance planning for improvement of their Municipal State Aid systems, and to demonstrate that there is a need to continue, the M.S.A.S. funding program. (i.e. - 9% of all road - user -fees are distributed to cities through the Municipal State Aid Street program.) A proposed 5 year program is outlined in the attached resolution which has been prepared for consideration by the City Council. It should be emphasized that adoption of this resolution in no way commits the City to undertake these projects or to follow that time frame, nor does it prevent the City. from pursuing other projects. Any project must still be individually. considered and ordered by the City Council before it can proceed. Respectfully submitted, SK:jn 11YYlI1C` "s otii Department of Transportation I Tran.�portiiti )n Buildink St. Paul, ` ° Minne sota 5515S OF TRi' Phone 612- 296 - 91,872 Nover::5er 17, 19$2 E TO Municipal Fn ineers F4flti Gordon 1.5. Fay, Director ' SUBJECT: Continuation of the 5 -Year Construction Program; Reporting The Municipal Screening Com.iittee at its October 19 and 20, 1982 meeting f considered tie present directive whic =n . states that: By JanuSry l 1983, each raunicip tlity shall submit a :revised 5 -:'ea r p gram whicl. has i?eerl ap Proved by tiheir city council. This prcvrarn shall include surf icier t projects to ut il ize all ex i!:.tin 3 , a anticivat! ;A 1 ":I1ids accruing du: C . the life of the prod; -air:. The program .:i1.1 be apdate6 at year itet.erVals and a review rude at that time to ascertain progrS: n im. p ciaegtation The re qu i rar: were reviewed and it was de..ter that th information is vale= %bl e to tfin Uncilcdaib.:!red i�o%aur_i!ctior. Fund Suf).-ommittee, as we as, useful to the City Engineers in making the city councils more aware o£ State ` Aid funding. To comp with this directive, each cit,° is requestc& to srtbmit a council approvvd, it:e :rtized 5 -year progra:.e of proposed coastrucr ion by priority, showing the termini. lenath, csr.imated coat, and type of ant icipated pro- jects On the cticlooed fora,s. Include on1v State Aid expellditUrCs in this report. This submittal should be returned to the District Stater Aid Engineer by January 1, 1933. We are re ruruinr a copy of your previous 5-year con tr.iction program to tho cities which submitted, a report in 1979. These reports could be help- ful in prep *_rti— tips year's submittal. P O r(.011 tf. I'3v, Director C fire, of State \ic1 Tr.:.l sup c,,: 19. 79 5 -Year Con trvct Loo Pro,3ram An Equal Opportunity Employer d 3° CHAPTER 1 - ANIMALS Section 1 -101. DEFTNITIONS. The following terms, when used in this ordinance, have the meanings ascribed to them: 1. Animal Animal means dogs and cats. 2. Animal Control Officer. Animal Control Officer means that person or agency designated by the City Manager to control the keeping of animals within Brooklyn Center. 3. At large means an animal that is off the property of its owner and not under restraint. 4. Commercial Kennel. Commercial kennel means any place limited to C2, I-1. and I -2 zoning districts where the business of keeping, raising, selling, boarding, breeding, showing, treating, or grooming of dogs and other animals is conducted, including pet shops, animal hospitals and other similar establishments. 5. Fa-- mL11y- - Any of the following definitions shall apply: a. A person or persons related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, maintaining a, common household in a dwelling unit; b. Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with any domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; e. A group of not more than five (5) persons not related by blood, marriage, or adoption maintaining a common household in a dwelling unit. 6. Owner. Owner means any person or the parent or guardian of a person under 18 years of age who owns, keeps, or has custody of an animal in the City of Brooklyn Center. 7. Pew Person 'means any person, firm, corporation, partnership, joint venture or association. 8. Private Kennel means any premises zoned or used for R1 and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old r olde are kept or harbored as pets and not for se , boarding, showing, treating, grooming or other commercial purposes. 9. Under Restraint means an animal that is controlled by a leash or at heel beside a competent person having custody of it and obedient to that person's commands, or within a vehicle being driven or parked on a public street, or if it is within the property limits of its owner's premises. Section 1 -102. LICENSES REQUIRED. 1. g Licenses No person shall own, harbor, keep or have custody of a dog over six months of age within the City of Brooklyn Center unless a current license for such do has been obtained as provided in this ordinance. Each license shall be valid for the duration of the effective period of the dog's rabies vaccine as stated in the Compendium of Animal Rabies Vaccines published by the Conference of State Public Health Veterinarians and the Center for Disease Control of the Department of Health and Human Services. Dogs kept in a commercial kennel need not be individually licensed. 2. Commercial Kennel License Every person operating a commercial kennel shall annually obtain from the City Clerk, upon authorization by the City Council, a commercial kennel license. Commercial kennel licenses shall be posted in a conspicuous place within the licensed premises. 3. Private Kennel License Every person operating or maintaining a private kenne shall annually obtain from the City Clerk, upon authorization by the City Council, a private kennel license. Section 1 -103. LICENSE FEES. The license fee for each dog license, each commercial - kenn6l license, each private kennel license, each duplicate license, each renewal license, each impounding penalty, and the late penalty 'Jescribed herein shall be as set forth in Chapter 23 of Brooklyn Center Ordinances. 1. Late Penalty. If any license required hereunder is obtained while the dog is impounded by the City, or after the required licensing period has commenced, there shall be added to the regular license fee, a late license penalty as provided in Chapter 23 of Brooklyn Center Ordinances, provided, however, that any person who acquires a dog after the start of a license year, or any person who owns, keeps, harbors, or has custody of a dog at the time of becoming a resident of the City, shall be allowed 30 days to secure a license, without incurring any late license penalty. I 2. Refunds, Prorating, and Transfers. No dog license fee, commercial kennel license fee, or private kennel license fee shall be refunded or prorated, the_ provisions of Chapter 2 of Brooklyn Center Ordinances notwithstandi . No g l p p Y'� license required hereunder shall be transferrable. Section 1 -104., VACCINATION REQUIRED. - The owner of every dog in Brooklyn Center shall cause such dog to be currently vaccinated for rabies. A certificate of vaccination or other statement of the same effect executed by a licensed veterinarian shall constitute prima facie proof of the required vaccination. Section 1 -105. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES., Applications or a3Tf11"censes required by this ordinance shall be made to the City Clerk. 1. 22.pr License. - The application for a dog license shall include the name and address of the owner of the dog and such other information as the City Clerk shall require. All applicants shall be of legal age. Applicants shall provide a, certificate issued by a doctor of veterinary medicine showing that the dog has - been vaccinated against rabies, the type of vaccine ; used, and the length of time the vaccination is effective. 2. Issuance of Do License. Upon receipt of the application, the license fee and proof of a rabies vaccination, the City Clerk shall issue a metallic license tag bearing the license number, the name of the City and the year and month when the license period ends. The dog shall continuously wear a collar or harness to which the license tag is firmly affixed. It shall be unlawful for any person to make or use a counterfeit tag. 3. Replacement of Lost DoE License. If any dog license tag is lost or stolen, the applicant may obtain a new tag by surrending the license payment receipt and by paying the charge for a duplicate license as provided in Chapter 23 of Brooklyn Center Ordinances: 4. Application for Private Kennel License or Commercial Kennel License. Initial application for a private kennel license or a commercial kennel license shall be made to the City Clerk. The application shall state the name and address of the applicant, the property address or legal description of the proposed kennel location, a sketch or drawing of the proposed kennel describing construction, operation, and the approximate number of animals to be confined therein, together with their age, breed, and sex, and together with the applicable license fee._ 5. Hearing Reauired. A commercial kennel license application shall be referred to the Public Health Sanitarian who shall review the kennel design and operation and make a recommendation to the City Council on the adequacy thereof. Applications for private kennel license and commercial kennel license shall be placed on the agenda of the City Council for a public hearing at the regular City Council meeting next following 14 days after the application is received. Not less than seven (7) days before the date of the public hearing, the City Clerk shall mail notice of the hearing to the applicant and to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the proceedings. 6., Council Approval The City Council may approve the private kennel license or commercial kennel license and may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Council may deny a private kennel license of a commercial kennel license upon finding that the establishment of the kennel would constitute a public nuisance, or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning_ property within the immediate area. The form of a2proval for a license shall be the resolution o approval, a certified copy of which shall forwarded to the applican -- 7. Renewal of License. A copy of the private kennel license or commercial kennel license shall be forwarded to the Director of Planning and Inspection who shall maintain a register of kennel licenses. Subject to any time limitation set by the City Council, the license shall be valid for a period of one year and until { tober 1 of the then current calendar ea renewa on Oct ober 1 of each year thereafter by the City Clerk upon payment of a renewal license fee set or in Chapter 23 of Brooklyn Center Ordinances, only in the event no complaint regarding the kennel's operation has been received during- -the licens year. In the event that no revocation of the license is made or contemplated by the City Council, the license shall be renewable as set forth in this subdivision. 8. License Revocation. In the event a complaint has been received by Cit officials a re ort thereof shall be made to the City Council by the Director of Planning and Inspec io i v ounce may ire app an o appea to ow cause why the license should not be revoked. A license may ere violation of is ordinance, ap er o e roo lyn Center Ordinances, or any condition imposed at the time of issuance. Section 1 -106. STANDARDS FOR PRIVATE KENNELS. A private kennel shall consist of an enclosed space in which all animals are confined when not under restraint and constructed so as to prevent the animals from running at large. Provision must be made to provide shelter during inclement weather. Every private kennel shall be kept in good repair and shall be maintained in a clean and sanitary condition. It shall be unlawful to maintain a private kennel in a way which constitutes a violation of this ordinance, a nuisance under Chapter 19.of the City Ordinances, or in violation of any condition imposed by the City Council at the time the license is granted. Section 1 -107. STANDARDS FOR COMMERCIAL KENNELS. All commercial kennels shall be designed, operated and maintained according to the following standards: 1. Commercial kennel floors and walls shall be constructed of impervious materials and all structures, areas, and appurtenances shall be designed to facilitate thorough and convenient cleaning. Commercial kennels shall be adequately ventilated and all doors, windows, and other openings to the outside shall be screened, May through October. The commercial kennels shall be provided with adequate and potable water supplies and shall be equipped with sewer facilities.' Plans for all new commercial kennels and repairs or alterations to existing commercial kennels must be filed with and approved by the City's Public Health Sanitarian as a condition of the license. 2. Operating Standards. The licensee, its agents and employees shall operate and maintain the kennel in accordance with standards set out in Title 9, Chapter 1, Subchapter A, Part 3, Section 3.100 through 3.106 of the United States Department of Agriculture, Animal and Plant Health Inspection Service, a copy of which is adopted by reference. Section 1 -108. KEEPING OF DOGS IS LIMITED. No family or family member shall keep, harbor or have custody of more than two dogs exceeding six months of age in the family dwelling unit or on the family premises without obtaining a private kennel license. Provided, however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to excee theme" -- eears in which to find a place where the dogs can be legally, safely', and humanely harbored. Section 1 -109. KEEPING OF CATS IS LIMITED. No family or family member shall keep, harbor or have custody of more than four cats exceeding six months of age in the family dwelling unit or on the amily premises without obtaining a private k - kennel license. Provided, however, the said family or family member may obtain a private kennel license for the purpose of providing a period of time, not to exceed three years, in which to find a place where the cats can be legally, safely, and humanely harbored. Section 1 -110. NUISANCE PROHIBITED. It shall be unlawful for any person to keep animals in any unsanitary condition or in any way which - constitutes a nuisance under Chapter 19 of City Ordinances. Section 1 -111. RUNNING AT LARGE PROHIBITED. It shall be unlawful for any owner to allow its dog to run at large. Section 1 -112. ANIMAL CONTROL OFFICER. The City Council may provide for a City Animal Pound, either within or outside the corporate limits and may provide for an Animal Control Officer to enforce this ordinance. Section 1 -113. ENFORCEMENT PROCEDURES. The Animal Control Officer may capture and impound any dog running at large, and any unlicensed dog. Section 1- 114. QUARANTINE. Any animal, including wild animals that have bitten a person shall immediately be impounded for at least 10 days and kept apart, from other animals, under the supervision of a veterinarian, until it is determined whether such animal had or has a disease which might have been transmitted by such bite. Such impounding may be done by the owner, and need not be at the pound' designated by the City, but if it is not at the designated pound, the owner shall notify the police department immediately and shall furnish proof in writing that such animal is being so impounded. Upon the expiration of 10 days, if it is determined that the animal does not have a disease which might have been transmitted by such bite, it may be released, and the police department shall be notified immediately prior to such release by the owner of the animal. If the animal is impounded at the designated pound, it may be reclaimed as hereinafter provided. Any animal which has been bitten by a rabid animal shall be killed or impounded and kept in the same manner for a period of six months; provided that if the animal which has been bitten by a rabid animal has been vaccinated at least three weeks before such bite and within one year of such bite and if it is again immediately vaccinated, then such animal shall be confined or impounded for a period of 40 days before it is released.: The owner of an animal which has been bitten by a rabid animal shall notify the police department immediately prior to the release of any such animal. Section 1 -115 DANGEROUS ANIMALS.- If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and such animal cannot be impounded after a reasonable effort or` cannot be impounded without serious risk to any person or persons, or if the animal has made more than one attack on a person or persons, such animal may be immediately killed by or under the direction of a police officer. Section 1 -115. TREATMENTS DURING IMPOUNDING. Any animal which is impounded in the designated pound shall be kept in accordance with Section' 1 -106 of this ordinance. If the animal is not known or suspected of being diseased and has not bitten a person or been bitten by a rabid animal, it shall be kept in the pound for at least five days, unless it is sooner reclaimed by its owner. If such animal is known to be or is suspected of being diseased with a. disease which might be transmitted to persons, it shall be kept in the pound for at least 10 days. Section 1 -117. REDEMPTION OF IMPOUNDED ANIMALS.' Any animal may be redeemed from the pound by the owner upon payment of the following: r 1. The license fee for the animal, if the license has not previously been obtained. - 2. The late- license penalty, where a license has not been previously obtained 3. The amount of the boarding fee which the City is required to pay the pound keeper. 4. An impounding penalty as provided in Chapter 23 of City Ordinances. Section 1 -118. DISPOSAL OF UNREDEEMED ANIMALS. The City's designated pound keeper shall make an effort to contact the owner of any animal which has been impounded and which has identification on it. _If at the end of the impounding period the animal is not reclaimed by the owner, such animal shall be demed to have been abandoned and may be disposed of or sold to any person following the procedures contained in Minnesota Statutes 514.93 relating to the sale of unclaimed animals by veterinarians. If the animal is to be kept in this City, a license shall be obtained by such person before possession of the animal is given to the purchaser. Section 1 -119. ABNNDONMENT. ?t shall be unlawful for any person to abandon any animal, including wild animals in Brooklyn Center, Section 1-120. PENALTY. Any violating the provisions of this ordinance, or any conditions of a license, shall, upon conviction thereof, be guilty: of a misdemeanor and shall be subject to a fine of not more than $500 or to imprisonment for a period not to exceed 90 days, or both, together with the costs of prosecution. Each day that a violation exists shall constitute a separate offense. Member introduced the following resolution and moved, its adoption: RESOLUTION NO. RESOLUTION APPROVING A PRIVATE KENNEL LICENSE AND ESTABLISHING CONDITIONS OF OPERATIOT3 WHEREAS, Mr. Jesse Sandoval, 5548 Logan Avenue North, Brooklyn Center, has submitted a license application to the City of Brooklyn Center to operate a private kennel at the residence at 5548 Logan Avenue 'North; and WHEREAS, the City Council, of the City of Brooklyn Center held a public hearing to consider the private kennel license application at the December 6, 1982 City Council meeting, and WHEREAS, the City Council of the City of Brooklyn Center, at the December 6,.1982 City Council meeting, directed the City -staff to draft a,resolution -of approval for the private kennel license. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that.the private kennel license for Mr. Jesse Sandoval, 5548 Logan Avenue North, Brooklyn Center is hereby approved subject to the following conditions: 1. The animals comprehended by the private kennel license shall be restricted to the animals described in the application for private ~ kennel license submitted to the City of Brooklyn Center by Mr. Jesse - Sandoval, 5548 Logan Avenue North, Brooklyn Center and dated'November 21, 1982. 2. The private kennel license approved by this resolution is subject to all applicable codes, ordinances, and regulations including Chapters -1 and 19 of the City ordinances. Date Mayor ATTEST: 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. APPLICATION FOR Pr l' ,'ATE K%"NEL LICENSE CITY Or BROCiY LYIi wt.'TER, .,IP3t3ESOT'1 TO THE H(YNORP3L CITY C0'.T`:C1L Date: 1. Applicant's Nye (Last, First, :fiddle) 2. Applicant's Address {ti ~per, Street, City, State, Zip Code) 3. Address or Leal Lescr.irtion of Proposed Kernel 4. Attach a sketch or drawing with this application describing the construction • and operat of the proposed kennel, or, if the animals are to be confined within the fazail y g d.�ellin unit, indicate this on the application. Co- jC-,+' �: fit. .,,,+ !.[. !, . .� {.�"' .i_J � y ,� r , . :.,,/ *+t*_.�". - °..+. = '- f�tX ----'• 5. Indicate number . of animals to be confined within the proposed kennel, together with their age, breed and sex A A4 ,G 1 ti.' L dr cY. r M a Lrs' C d c� C p.5 3 4 ,r. M y xf� 6. PLEASE NOTE: The license fee in the amount of $35.00 must be submitted with this application. Signature of Applicant PLEASE RETURN CO�IPLETED APPLICATION AND LICENSE FEE TO: City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430.; DO NOT WRITE BELOW THIS LINE New License Renewal License License Period through' License Fee Received 11-2-3— 52 1 HOPE LUTHERAN CHURCH 5200 Emerson Avenue North • Minneapolis, Minnesota 55430 • Phone: 521 -3547 December 20, 19_*82 To the City Couneie o6 Bnooktyn Centeh: I teoAned today 6nom Aa. Tom Bubt tz that you, a.6 a city cou.nc ie, have decided to grant 0%. Sandovat a pxivate kennet t<`,cense in onden that he may keep the Jive dogs he hu now in the City o4 ftooktyn Center, and that you did this with the knowledge that this hays been a teat heaP,th pnobtem jon me. Fon the past wine yearus I have 6u6jeAed {sham Syztemic Lupus Ecythematosu,6 with many comp.ei:cationct. Dw i:ng the t Jew yeau I have had to spend a goad share o f twenty -6oun houAz in bed. My doeton hays instructed me eanstantl?y that neat .us the most impontaant medicine I can take. For the past t tee years, it has been very dustness.eng to be aunkened many times a day by the high - pitch boAiing aj jive poodtu. HoweveA.- my husband and I tied to be veeAy patient, hoping the day would soon come when the Sa.ndovat-6 would neaUze they were bneaFii.ng the .haw and would rend homes bon dome oj thoze dogs We s aid nothing jon two years Thus past summen was tnu2y dustuAbing bon me. As the dogs get otden, they get much touden. Att o6 the Sandovatz one gone du& ing the day, and thei k itchen .is Located in the Aitont �Gre ih I7niu p, a t us outs bedhao j �o t�w.c ow6 ace tined up d Aee te.y in junt oA each othLA,— ua - .ing t o ummen o s s tin that wt n ow he e ba,, w i2.d2 wheneverr they tet the dogs out o6 the house, a t S.eve bank tike ehaz y -- aeve&a2 times a day. There ds no way I could count how many "times P have been awmkened S tom what eoutd have been a very ; benei.ic,iat nap, as -a Aez P,t o6 than dogs . Last aummen I` nea ized that something had to be done. F.i ut I checked to see .i6 they tnuty weAe breaking the .caw, and :ways . aaauned that they wehe and that it would be taken cage of <imme d i.a tet y! At that time the Sandovat6 appealed to. the City Coune it and to the ptus. At the time 1 tat ed to ,Mayo& Dean Nyquist and expta i ned my z tuat,i on, he wets very kind and .6a.id he did n ot teati:ze there was a hea:F.th 6actoA . nvotved. He assured me he wouf-d %eQay it to the counci'. I at4o spoke with at. Spti.nten .aevetat times, an was azzuk that because it =A a heaeth con,&idenation, there woutd be no t.i,cenae -i.,sbued I at so tatked to 9 Sandoval.. He was coun te- oua, and agneed that the dogz were very "yippy and that he would take cake o6 the matter. last week I received the notice that the council wou.ed be faking action on a private kennet ticen:ae. I canted M. Speintet and waked .i6 1 4houtd come to the eounc i2 meetZng and expuzz my ob- fec�f i.onz? He ve►cy z neenety toed me the)te ways "no need' Got me on my husband to be these, that my teeephone ea e 2 �ff him wu very eu{� .ic,%ent. On Monday Mt. Tom Subtitz catted me, I'm not cute why, but he haid he just wanted a tutee mote .in6otmation. I asked him .i6 he thought we needed to be at the meeting, and he a.asuted me it Ovals not nece .6- 4at y,, as the City ManangeA was weU aware o6 my health ptobtema and that wou.2d take ease o6 it. 1 had an uneasy bee i.ng about th i-6, so I checked it out .gate Monday a6tecnoon with 'Mayor Dean Nyquizt, and wu once again a6.6uted that there was no need Got ups to be at the meeting On Tuesday a6tecnoon -,I wait .in6otmed by Mn. Tom Subt tz that it was a teat shame we were not theAe: 1 eou2dn't beP.i..eve what I was heaping: He went on to say that it tookb a,a' though the council ptana to ,iaaue the t i.cenz e. T teatize that the SandovaPis appealed to the pn.e,aa and had two �s .i artiete papeus, tetUng people how cute and how etean the dogs ate. Tm' dune this i6 true. But no mention ways made o� how very noi6y they arse and how disturbing that can be. M. Subt tz toed me that two other pa4ti.es have eompta in.ed. - Why do you beet that dogs ate mote .important than people? I would tike Got you, as a counci e, to .i.nsotm ua what bun then steps we 6houed take to prevent th iz. My doctor w.i, t be wiUi,.ng to expta.in to any o6 you how important teat is to a tupub patient. Do 'I need to make my situation known to the pte.aa so that pubUc opinion can heap you make a .sound dec -6 on? E. T jeer I have been tet down by the City ' Couneit. and I do hope you can %econsida thi>a. Thank you: Ak HOPE LUTHERAN CHURCH 5200 Emerson Avenue North • Minneapolis, Minnesota 55430 •`Phone: 521 -3547 December 20, 19.82 To the City Counc t of Bnooktyn Center: I teoAned today jnam. Mn. Tom Bubtitz that you, as a c i ty count it, have d ecided to grant Mk. Sandoval. a pxivate kennet t cease in ondeA that he may keep the Give dogs he has now in the City o & ookt yn Centete, and that you did this with the knowledge that this has been a teat health pnobtem Jon me. Fon the past nine yeau I have su &Aed room Systemic Lupus EAythematosuz with many complications. Dwung the past Jew years T have had to spend a good share of twenty -Jowc houtus in bed. My doe ton has -insthuc ted me constantl y that nest 16 the most .important medicine I can take. For the past three years, it has been very di6tne zing to be. aunkened many tunes a day by the high -pitch banking. o6 Jive poodles. HoweveA,_my husband and I tried to be very patient., hoping the day would soon come when the Sandovats would realize the were bneak.in the .law and would cnd homes y g � ` ion some a6 those dogs. we said nothing jon two yeatus. This past <summeh was tnuQy distunbdng 4on me. As the dogs get otdeA, they get much toudeA. A.P.I. of the Sandovatz are gone dwr- ng the day, and theiA kitchen is .located in the &%ont c.J their house, as is out bedroom, so the windows are .Lined up d ucay in Jnont o6 each other. Dun- ing the 4ummex., the dogs sit in that window, push away the cutrtai.n and bank wit &y at every passeAby._, whenever they let the dogs out o6 the house, att Jive bank like ' cAa.zy -- 6eve&al times a day. TheAe is no any I could count how many times I have been awakened nom what could have been a very benejici:ae. nap, as a nesutt o6 those dogs. Last aummen I` neati:zed that something had to be done. Fi ust. I checked to see _i6 they brut y were breaking the taws,, and m4 . aasuaed that they were and that it would be taken cane o6 i mne, di.a tet y' ! At that time the Sandovats appeated . to the City Council and to the preaa. At the time I talked to Mayon Dean Nyquist and explained my situation, he was veA kind' and said he dial not neatize these was a health 6acton .involved. He assumed me he would aetay .it to the counc it. I also spoke with M. Sptiritetc sevexat times, and was a6suxed, that because it was a health eon.6ideAation, there wowed be no ticense issued. I mesa tacked to Mx.. Sandoval. He was counte- ou6,''and agreed that the dogs were very "ycppy" and that he wowed take: eatce o6 the matter. Last week I neee.ived the notice that the counci t', wou ed be taking action on a private kennel ticen6e. I eateed M. Sptinten and asked ij I- shoutd come to the cou.ncit meeting and expnebs my ob- jections? He very s.i.ncetceey toed me there uuvs "no need" Jots me on _ my husband to be thetce, that my to eephone catt V him was very sub 6.icient. On Monday Ak. Tom Subt tz caeeed me, I'm not .6une why, but he said he just wanted a Zitt ee mote .in6oxmat..on. I ' asked him i j he thought we needed to be at the meeting, and he assutted me it was not neceb- san y, as the City Manang eA was we.P.t'. aware o6 my heaUh pu btema and that would take carte o6 .et. I had an uneasy fleeting about this, so I checked it out .date Monday a6tennoon with Mayott Dean Nyquiust, and was once again astsuAed that there was no need Jon ups to be at the meeting On Tuesday .abtennoon I was .i,n6otuned by M. Tom Bubt tz that it was a xeat shame we wette not there:: I coutdn't bee ieve what I was heating! He went on to say that it Zoaka as though the count it ptans to .issue the t i.cen6e. I %eati.ze that the Sandovates appeased to the ptezz and had two atti.cees in papetus, ;te.?t ng peopee how cute and how ceean the dogs are. Im' aurae this is ttcue. But no mention was made o6 how very noisy they atce and how distutcb.ing that can be. A%. "Subt tz toad me that two othetc` patches have ,eomp a ned. Why do you 6eee that dogs are moxe..impotctant than peopee? I wowed .tike 6otc you, as a councie, to .i.n6oAm ups what 4akthetr .steps we should take to jxevent thus. My doctor wit be wiUing to "exptain to any o6 you how <impottant test is to a tupua patient Do I need to make my situation known to the press so that pubt i.e. opinion can he.tp you make a sound decision? 1 6eee I have been .set down by the City Counc it, and I do hope you can kecons.ideA thus. Thank you. �i J! Memer introduced the following resolution and moved its adoption: RESOLUTION N0. C- RESOLUTION ADOPTING ASSESStENT OF IMPROVEMENT PROJECT NO. 1982 -14 (ALLEY CONSTRUCTION FROM 53RD TO 54Th AVENUES BETWEEN DUPONT AND EMERSON AVENUES) WHEREAS, pursuant to proper notice duly given as required by law, the City.Council has met and heard and passed upon all objections to the ;proposed Special Assessment Levy No. '8820 and has not deemed it just to amend such proposed assessment for the following improvement: ALLEY IMPROVEMENT PROJECT. NO. 1982 - NOW, THEREFORE', BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, as follows: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein incluc.ed is hereby found to be benefited by the improvement in the amount of the assessment levied against it.. 2 Such improvement shall be payable in equal annual installments extending over'.a perioe of ten (10) , 7ears, the first of the install - .v., merits to be a - on or before the first Monday in January, p^ y 1984, and shall bear interest at the rate of twelve percent (12 %) per annum from January 1, 1983. To the first installment shall be added interest on the entire assessment from January 1, 1983, until December 31, 1984. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to certification of the assessment.to the County. Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if` the , entire assessment is paid within 30 days from the adoption of this resolution;. and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 4. The City Cle�k "shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of�the county, and such assessments shall be collected and paid over in the same manner asother municipal taxes. 5. The portion of the cost to be paid by the City, in the amount of $1,251.96, as provided in City Council Resolution No. 82 -220, shall be appropriated from Municipal State Aid Fund Balance No. 2611. RESOLUTION NO ,. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. - CITY OF BROOkL.YN CENTER SPECIAL ASSESSMENT E .bLi� PAGE OFD,,,, PR_O ECT„ INFOR! ATION LEVY INFORMATION ` Improvement Project No. 1382 -14 Levy No. 8820 Description: Bituminous Alley Paving Levy Description: ALLEY (82 -14) P2B including storm sewer Levy runs ten years (from 1984 to 19 4 3 } with interest at the rate of t,;e I ve per r stt (!r.[ %), Location: Between Emerson Avenue and Dupont Avenue North First payment, with property taxes payable in from 53rd Avenue North to 54th Avenue North shall include twenty four whole months int.!•tst. Improvement hearing date July 12, 1982 Date of Assessment Hearing becen.Ger 20, 1 Improvement ordered on JOX }2, 1982 Adopted on by Resolution No. £12 -131 by Resolution No. Assessment District (from Notice of Hearing): All abutting properties between_ Corrections, Del etions or Deferments: Dupont and Emerson Avenues from 53rd to 54th Avenues North Method of Apportionment: By footage: 1,201.06 feet X $19.2368 per foot Driveway aprons: 72.35 square yards X $10.00 per square yard Driveway: 286.96 square yards X $14.50 per square yard Cost Summary (from Resolution No. 82 - 220 w } Total Improvement Cost $29,356.41 Less Direct City Share (Fund} 1,251.96 Less Other Payments NONE Total Assessed to Property $28,104.45 Assessed to City Owned Property NONE Assessed to Other Public Property NONE Assessed to Private Property •-$28,104.45 -- CITY OF BROOKLYN CENTER -- PAGE ` OF a MUNIC CODE N0. 22 SPECIAL ASSESSMENT CERTIFICATION ROLLS PROPERTY: ASSESSED OWNER PROPERTY ADDN. NO. TOTAL LOT BLOCK UNITS ADDRESS NAME LEVY NO, PROD. NO. IDENTIFICATION NO. PRINCIPAL Ani7iT DESCRIP MAILING AQ;?RF5S �22J O1- 118 -21 - - 0136 89675 $' 837.38 1 4 5359 Dupont Avenue North homas Doane N. i» E. PERKINS ADDITION 35 9 Dupo��t A�cnue ii trite rook l y n Center, 01- 118 -21 -33 -0137 89675 $ 769.47 2 4 Vacant Same as above E� N. & E. PERKINS ADDITION 8820 01- 118 -21 -33 -0138 89675 $ 769.47 3 4 Vacant Same as above N. & E. PERKINS ADDITION g80 01- 118 -21 -33 -0139 89675 $ 1,538.96 4 & 5 4 5333 Dupont Avenue North George J. Ledo N. & E. PERKINS ADDITION 5333 Dupont Avenue ii.irth Brooklyn Center, 1111 5543 ; 81.20 01- 118 -21 -33 -0140 89675 $ 769.47 6 4 5327 Dupont Avenue North i ydia E N rir, �iin N. & E. PERKINS' ADDITION 53� 7 [;:ptnt A� t„e i +3rth {Brooklyn tentcr, V;,% 5:�43ts 8820 01 118 21 - 33 - 0141 89675 $ 816.57 7 4 5323 Dupont Avenue North Carl H. C,w lscri N. & E. PERKINS ADDITION 5323 Oupont Avenue North -Brooklyn Cents r, i';ii 55430 8820 01- 118 -21 -33 -0142 89675 $ 820.57 8 4 5319 Dupont Avenue North C1 intoit H. In tr tiro N. & E. PERKINS ADDITION 5319 Dupont Avenue lNorth Brooklyn Center, NIN 5::43. 8820 01 118 21 -33- 0143.. 89675 $ 802.37 9 4 5315 Dupont Avenue North Diane M. Dolan N. & E. PERKINS ADDITION 5315 Dupont Avenue North Brooklyn Center, iiN 554 8820 01- 118 - - - 0144 89675 $ 856.17 10 4 5311 Dupont Avenue North Donald K. Welch N.'& E. PERKINS ADDITION 5311 Dupont Avenue North- Brooklyn Center, PIN 55430 .8$20 01- 118- 21 -33- 0145 89675 $ 1,538.96 ll & 4 5307 Dupont Avenue North Norma P. Rydholm N. & E. PERKINS ADDITION 5307 Dupont Avenue North 12 Brooklyn Center, MN 554.) COUNCIL ACTION NOTES • 't -- CITY OF BROOKLYN CENTER -- PAuE OF 4 MUNIC CODS: NO. 22 SPECIAL ASSESSMENT CERTIFICATION ROLLS PROPERTY TOTAL PROPERTY ASSESSED Ow ER IDENTIFICATION NO. PRINCIPAL NITS ADDRESS NAME ` LLVY NO. PROJ. NO. AODN. NO. LOT BLOCK U _ r ADDITI EUAL OF P TI0 - wMAIL }NG �r� B? 0 01- 118- 21 -33- 0116 89675• $ 2,461.22 13, 4 5301 Dupont Avenue North i Richard A. tY Linc;a A. ,•;eicot 14 & Part of Lots- 13, 14 ✓; 15 22124 t'Irrrroe Stre 15 N. & E. PERKINS ADDITION Elk River, 11,1 8 20 01- 118 -21 -33 -0147 89675 $ 1,593.86 16 & 4 5302 Emerson Avenue North Royer L. P:linat smith • N. A E. PERKINS ADDITION 5302 Ertier5un' ,vLr e "lurth 17 Brooklyn CerkVr, p ,. + t.5a ,r 8820 01- 118 - - - 0148 89675 $ 3,290.95 18 & 4 530II Emerson Avenue North Carl rr 1. Sr e t ve i lriil All of Lot 18 and Stz of Lot 19 5300, [werson ,',veu„e North' 19 N. & E. PERKINS ADDITION Brooklyn Cent,rr, , `.54? 8820 01- 118 -21 -33 -0149 89675 $ 1,154.21 19'& 4 5324 Emerson Avenue North Angelo P. Picar -- Nr -z of Lot 19 and All of Lot 20 5324 Emerson•, -je North 20 N. & E. °PERKINS ADDITION Brooklyn Center, !"N 8820 01- 118- 21 -33- 0150 ' 89675 $ 769.47 21 4 5328 Emerson Avenue North Same as above N. -$, E. PERKINS ADDITION T QN I 8820 01- 118 -21 -33 -0151 89675 $ 1,154.21 22 & 4 5332 Emerson Avenue North Walter J. forystek All of Lot 22 and Sz of Lot 23 5332 Everson Avenue North 23 N. & E. PERKINS ADDITION Brooklyn Center, MN 554:311 86 i3 01- 118 -21 -33 -0152 89675 $ 2,702.96 23 & 4 53313 Emerson Avenue North William J. & Strarun K. Coicllbtt4•9 N' of Lot 23 and All of Lot 24 5338 Emerson Avenue North 24 N. & E. PERKINS ADDITION Brooklyn Center, �`N 5543 8820 01- 118- 21 -33- 0153 89675 $ 811.67 25 4 5340 Emerson Avenue North Patrick 14. & t•lary K. Burdette N. & E. PERKINS ADDITION 5340 Emerson avenue North Brooklyn Center, PIN 55430 8820 01- 118 -21 -33 -0154 89675 $ 1,829.25 26 & 4 Emerson'Avenue North Charles E. All of Lot 26 and Sh of Lot 27 5346 Emerson revenue North 27 N. & E. PERKINS ADDITION Brooklyn Center, MN 55430 8820 01- 118 -21 -33 -0155 89475 $ 1,204'.41 27'& 4 5352 Emerson Avenue North Leo & Beverly Ui11acUmex Ni of Lot 27 and all of Lot 5352 Elverson Avenue North 28 28,'N. & E. PERKINS ADDITION' Brooklyn Center, MN 55430 COUNCIL ACTION NOTES tt v� 1 -- CITY OF BROOKLYN CENTER PAGE OF' MUNIC CODE NO SPECIAL ASSESSMENT CERTIFICATION ROLLS PROPERTY TOTAL PROPERTY ASSESSED OWNER LEVY NO. PROJ. NO. AOON. NO. LOT BLOCK UNITS ADDRESS NAME IDENTIFICATION NO. PRINCIPAL A ►TtONfIEGAt OESCRI PTIOM MAILING AnpR sS - - ---- - °M . - - 0 (1i- 118- .21 -33 -0156 C9675 $ 1,606.85 29 & 4 a35t3 Lruerson Avenue Noah 1vivi= Ira! lure l g E. PERKINS ADDITION 5358 Emerson ,venue North 30 Brooklyn C, -titer, Mti NOTICE Al00 SENT TO`: Ronald 1. Ey1;�r 3059 N.W. 16th 5tr::::t _ 5 112 - - Br ighton, 5 14 6 t 2T 3 0 f PIN O1 118. 3 t or • r i I COUNCIL ACTION NOTES ¢ I �I 506 11th Avenue North Minneapolis, Minnesota 55411 Contract Animal Patrol Service for Municipalities December 1, 1932 (612) 339 -6669 Attn : City i:a eager Dear . ayor and Council nembers, I ; a::. writing to inform you that KAPSI has undergone an ownership and management change. We believe we can now better serve the animal control need of your coni.-nunity . Past management was beset with extreme increases in overhead and hampered with the inability to raise capital through contract increases or other sources to meet these rapidly_escallating costs. The THAPSI facility was completely renovated in 1'72, and a new addition built in 1976. We are presently refreshing the entire facility including physical and mechanical enhancements. We will be instituting a new higher wage scale that we feel will increase the productivity and professionalism of the MAPSI employ- ees. We will be purchasing a new fleet of trucks and updating our two -way radio equipment. These changes, a new capital base and new management philosophy will, we feel, accomodate our business needs and allow us to serve your community needs in a more effecient and professional manner." We are enclosing copies of our proposed 1983, contract for animal . control service. You will note a new category in-the contract entitled Base Fee for Administrative Services. It is necessary to add this category to our schedule of charges. As I mentioned before, the expenses of the animal control business have greatly outpaced the income regretfully, this is a necessary additional charge. Please execute the enclosed contract and return it to me before December 31, 1982 If you have any questions about the contract or suggestions on how we may improve our service to your comnunitg, please contact me. -I will be glad to personally visit your city and go over the contract and our procee`dures . Thank you. Sincerely, Frank, ucci Manager- _. enclosures ANIMAL CONTROL CONTRACT by and This agreement made this -- day of between MAPSI inc., a Minneso Corpo ration, hereinafter referred to as MAPSI a" the e r' -�, Y t`���.�..�:�%� l Corporation located in the of City of a Municipal ---- - �- ' ,and the State of Minnesota, hereinafter referred to as city, wit- . � f nesseth: In consideration of the covenants and, agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: ' agreement shall be effective as of �A � � -; � and shall continue in 1 . This C(� ,� _ less cancelled pursuant to Paragraph 15. effect until �� �`�� —i— un 2. M ANS a 9 rees to patrol the public street of the City in a vehicle especiall d de signed nimals, in accordance with a schedule ag p for the transportation of small a by both parties. s that strolling shall be done by competent personnel trained in the City's andlin 3. MAPSI agree p of animals, and that such emplo yees shall be approveb � retain dogs, ca s and quest. Employees shall be authorized by the City to apprehend MAPSI will not invade' other animals, which are in violation of the City Ordinance. However, nor forcibly take al and assist the private property contrary to the wishes of the awnean a of a regular officer of the City. an animal from any person without the approv . MAPSI agrees to maintain one (1) referred to, 4. In addition to the regular hours of patrolling o ide regular patrol hours at the specific re- vehicle for standby service to attend to c quest of the City's Police Department. s ; resents and a rees that all animals impounded shall be kept at MAPSI housed at 5. MAPSI rep g 50b - 11th Avenue North, Minneapolis, Minnesota, and MAPSI agrees and warrants that all in a comfortable and humane manner fo imals'im impounded shall be kept n period a available to m p by the City Ordinan m. Mondays through Saturdays, and from 1:00 ce. MAPSI agrees that the pound facilities shall a open reclaim animals from 8:00 a.m. to 7:00 P. P.M. to 5:00 p.m, on Sundays and Holidays. j is reclaimed, MAPSI or its agent b. At the time that an animal impounded under this contract dinan shall collect the impounding fee *and boarding charges as provided b ce � or O ees shall furnish monthly reports to the City as required as to the se nnection with each animal impounded. All impounding fees; license fees and any other m co penalty fees collected by MAPSI or its agent shall be remitted to the City. 7. In the event an animal impounded and boarded by order of the City Health Officer or placed under quarantine by ruling of the State Board of Health,.said animal shall be board- ed as required by said order or ruling. At the end of such period, the City releases all of its interests, right and control over said animals which may then be disposed of at the dis cretion of MAPSI. In the event that any dogs, cats, or other impounded animals are unclaim- ed after five (5) days, they shall become the property of MAPSI and may be disposed of or sold at their discretion. All proceeds from the disposition of such animals may be re- tained by MAPSI, including any proceeds received from any animals disposed of in ac- cordance to Minnesota Statutes 35.71. 8. The City shall furnish to MAPSI all license forms, pound receipts and license tags as,spec fied in the Ordinance and MAPSI shall keep records of all animals impounded together with a description of the same 9. MAPSI shall furnish all vehicles with two way radios and /or other communication equip- ment and agrees to service and maintain said equipment. 10. Upon request, MAPSI shall provide to the City proof of public liability insurance in- cluding comprehensive automobile liability in an amount of at least $100,000 per each claimant and $300,000 per occurrence. 11. MAPSI agrees that during the period of this contract it will not, within the State of Min- nesota, discriminate against any employee or applicant for employment because of race,- color, creed, sex, national origin, or ancestry and will include a similar provision in all sub- contracts entered into for the - performance hereof. This paragraph is inserted in this con- tract to comply with the provisions of Minnesota Statutes 181.59. 12. The City agrees to pay MAPS1 for services in the performance of this contract as follows: a. Base fee for Administrative Services (per month) b. Price per hour per ambulance for furnishing Patrol Ambulance for scheduled Patrol, (actual time in service for the City) / $ c. Price for each 24 hours or fraction thereof for boarding any species of animal impounded by direction °of City officials or local ordinance. $ 1- d. Price per each animal for destroying dogs or cats. e. Price per hour per ambulance for service during other than scheduled or regular working hours including travel time (Special Service). Minimum call, one hour $ f fwd 13. All payments shall be.made by the City upon receipt of monthly statements of MAPSI. 14. MAPSI agrees to provide veterinary services to impounded animals as needed at cost to the city 15. Either party hereto may cancel this contract within thirty (30) days written notice thereof to the other party. MAPSI BY: fitness ! CITY OF BY: Witness Mayor BY: Witness Manager rkTnber introduced the f6l1owLgg..resolution and moved its adoption • PZ ' RESOLUTION NO. RESOZ,UTION REXII FRDING DISPOSITION OF APPLICATION f NO. 82037' SUBP tITTED BY NORT��PORT PROPERTIES t . WHEREAS, Application No. 82037 suhnitted by Northport Properties proposes rezoning from RI Residential) to Cl (Service /Office) the property at 5415 Brooklyn Boulevard; and i WHEREAS, the Planning Commission held a duly called public hearing on October 14 , 1982 when testimony regarding the request was taken; and WHEREAS, the item was referred tothe Southwest Neighborhood Advisory Group which, in minutes of a meeting on November 10, 1982, recommended the rezoning; and W the Commission further considered the matter on December 9, 1982 and adopted Planning Commission Resolution No. 82 -4 recommending approval of the I rezoning request; and' WHEREAS, the City Council of the City of Brooklyn Center considered Application No. 82037, the Planning Commission's recommendation and the City's F Rezoning Evaluation Policy and Review Guidelines on December 20, 1982. NOW, THEREFORE, BE IT RESOLVED by the City. Council of the City 'of .. Brooklyn Centex' that Application No. 82037 submitted by Northport Properties be approved in consideration of the following: 1. The Cl zoning classification is an appropriate land use classification for the location in question and is consistent and compatible with all surrounding uses. 2. The proposed zoning for Service /Office is consistent with the recc av endat ons of the updated Comprehensive Plan, ! specifically with the Land Use Revisions Map which calls for Service /Office use between 5415 and 5637 Brooklyn Boulevard F 3. The proposed zoning is consistent with the existing medical clinic use on the site which is. deemed to be an asset to the neighborhood. I Date Mayor ATTEST: 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. CAF i t E 11 t E!,'I)12 G G': EE PLANNING CCh- IMISSION OF THE CITY OF BR00i�LYN CENTER 1N THE COU14TY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 9, 1982 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:34 p.m, ROLL CALL Chairman George Lucht, Ccmmissioners Molly Malecki, Mary Simmons, Nancy Manson, Carl Sandstrom and Donald Versteeg. Also present were Director of Planning and Inspection Ronald Warren, Assistant City Engineer James Grube and Planning Assistant Gary Shallcross. Chairman Lucht explained that Commissioner Ainas had nailed to say he would be unable to attend this evening's meeting. APPROVAL OF MINUTES October 28, 1982 Motion by Commissioner Sandstrom seconded by Commissioner Manson to approve the minutes of the October 28, 1 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki., Simmons, Manson, Sandstrom and Versteeg. Voting against: none. The motion passed. APPROVAL OF MINUTES - November 4, 1982 Motion by Commissioner Simmons seconded by Commissioner Sandstrom to approve the minutes of the November.4 1982 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Simmons and Sandstrom. Voting against: none. Not voting:, Commis - sioners Malecki, Manson and Versteeg. The motion passed. APPLICATION NO. 82037 (Northport Prop erties) Following the Chairman's explanation, the Secretary introduced the first item,of business, a request to rezone from Rl to - Cl the land at 5.415 Brooklyn Boulevard, where the Northport Medical Clinic is presently' located. The 'Secretary reviewed the contents of the staff report. He pointed out that the clinic is currently' a nonconforming use on Rl zoned land and that the rezoning would make the clinic a conforming use: Following the staff report, Chairman Lucht asked the applicant whether he had anything to add. Mr. Carl Larson, representing Northport Properties, stated that he had nothing further to add to the report. PUBLIC HEARING * Chairman Lucht then reopened the public hearing for Application No. 82037 and asked whether anyone present wished to'speak,on. the appli- cation. Mr. Howard Oien, owner of the property to the south the clinic, argued that the land to the south of the clinic should be rezoned to service/office along with the residences to the north of the clinic. He stated that the area is not good for residential luring and that a- commercial use will not convert the entire area at one time. Chairman Lucht stated that he understood that it was a difficult situation for the people who owned property along the boulevard,. but that until a development plan is` presented, 'there was insufficient reason.to rezone the property. Mr. Oien stated 12 - -82 -1- that it was his understaxlding' that the whole area had to be de- veloped commercially at one before a rezoning would be approved. The Secretary explained that it does not have to be.a total develop- ment at one time, but that there is concern that one or two lots might be left isolated. He stated that the ordinance requires 150 ft. of frontage and one acre of land to have. a service /office•use on Brooklyn'Boulevard. Commissioner Simmons asked whether any rezoning propgdlals for these other properties had been put forward. The Secretary -answered that there was a rezoning request submitted in 1979 to rezone•the land between 55th and 56th Avenues North on the °west side of Brooklyn Boulevard. He explained that the application was tabled by the City Council because it was considered premature at the time. The Secretary stated that the direction of the Planning Commission and City Council at that time was to wait for a development plan before taking any positive action on the rezoning. The Secretary also pointed out that the people who would have their properties rezoned would wind up with'nonconformng houses which could not be expanded' if the land were zoned Cl. Mr.`Oien stated that the people who own property in this area feel trapped, that they cannot enjoy the property for a,residential' use, but cannot feasibly convert the whole area to .a commercial use either. Chairman Luchtr stated that the Planning Commission did not want to leave one house stranded while the others were converted to -a commercial use and that, therefore, controlling the zoning until a development plan is proposed is in the long run in best interest of the property owners. He also concurred with the Secretary's point _hat the properties would become nonconforming and could' present difficulties for the property owners that are not foreseen. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Sandstrom to close the public hearing. The motion passed. RESOLUTION NO. 82 -4 Commissioner Manson introduced the following resolution and moved its adoption: RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 82037 SUBMITTED BY NORTHPORT PROPERTIES The motion for the adoption of the foregoing resolution was duly, seconded by Commissioner Simmons and upon vote being taken thereon; the following voted in favor thereof Chairman Lucht, Commissioners Malecki, Manson, Sandstrom and Versteeg, and the following voted against the same: none; whereupon,:said resolution was declared duly passed and adopted. APPLICATION VO. 82 046 (Glen Marsh Real Estate Investments) The Secretary then introduced the next item of busiHeig, a' request for preliminary plat and variance approval to subdivide into two lots the parcel at 910 -55th Avenue North. The Secretary reviewed the contents of the staff report. The Secretary pointed out that both the proposed lots would slightly exceed the area requirements, although being deficient in lot width. He also.added to the third condition of approval for the plat, the elimination of an 'illegal connection to the outbuildirl unlit g from the main house. Y 12 -9 -82 -2- • In response to a question from Commissioner Simmons regarding set- ` backs, the Secretary explained that corner lots have no rear yards and that the house and garage on the proposed Lot 2 meet all setback requirements. Commissioner Sandstrom asked whether the applicant intended to build on the other lot (Lot 1). The Secretary answered that that was his understanding. He recommended that the Planning Commission not allow continuation of the outbuilding on the proposed Lot 1. Commissioner Manson noted that, although the corner lot is sub- standard, there are a number of substandard earner lots throughout' the City. The Secretary added that, especially in the Southeast Neighborhood, corner lots tend to be substandard. Chairman Lucht then called on the applicant to speak. Mr. Rod` Halverson, of Merila and Associates, the surveyors for the plat, stated that he had spoken with Mr. Marsh recently. He stated that Mr. Marsh would not commit to Condition No. 3 for the plat at this time, but would think about it. otherwise, he stated the applicant agrees to all the conditions set forth. Commissioner Simmons ex- plained that, inasmuchas she lives in that neighborhood, she is very familiar with the property. She stated that she would not vote to recommend approval of the variance without the condition that the outbuilding be removed. She added that it is definitely a detriment to the neighborhood. The Secretary pointed out that the shack in question is not even on a foundation. He stated that the Planning Commission could table the application and let the - applicant show that the outbuilding should stay and can be brought up to current codes, before approving the application without -Con- dition No. 3. There followed a discussion regarding the procedure to follow in taking action on the variance, whether to table the application or recommend approval with Condition No. 3. The Secre- tary stated that one of the conditions of any variance is that granting of the variance not be detrimental to other property, in the neighborhood. He stated that the current existence of the out- building is a detriment to the neighborhood and that removal of the outbuilding is what makes the variance acceptable. PUBLIC HEARING Chairman vucht then opened the meeting for a public hearing on both the plat and variance aspects of Application -No. 82046. He asked whether anyone present wished to speak on the application. Hearing none, he called for a motion to close the public hearing._ CLOSE PUBLIC HEARING Motion by Commissioner Sandstrom seconded by Commissioner_ Manson to close the public hearing. The motion 'passed unanimously. Commissioner Simmons stated that she considered the variance reason- able, but only if the shack is removed from the proposed Lot 1. The Secretary added that the utility connection would also have to be removed under the terms of Condition No. '3: The Planning Assistant pointed out that the illegal utility connection would have to be removed and a new utility connection would have to be brought in to make the current structure legal from that aspect. He also pointed out that it would take considerable expense to bring the structure up to basic safety codes. He stated that the rents that would be obtained simply couldn't support the amounts of money that would be required to make the property rentable. 12 -9 -82 -3- - ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 8244$ (Glen Marsh Real Estate Investments) Motion by Commissioner - Simmons seconded by Commissioner Malecki to recommend approval of Application No. 82046, for the reasons and subject to the conditions-=set forth below: Reasons for Variance: 1. The lot width variance has been minimized to the maximum extent possible. 2. There is no excess land available on adjacent lots to further reduce or eliminate the need for a variance. 3 The proposed lots meet ordinance requirements for lot depth and lot area 4 The variance is necessary to allow the petitioner to make reasonable use of the land parcel that presently exists. 5. Granting the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood. Conditions of Plat Approval: 1 The final plat is subject to review and approval by the City Engineer. 2, The final plat is subject to the _provisions of Chapter 15 of the City Ordinances. 3. The existing shack on Lot 1 shall be.removed from the premises-and the illegal utility connection between the main house and the 'shack shall be removed prior to final plat approval. 4. The existing concrete patio slab which extends over the property line between Lot 1 and Lot 2 shall be removed or reduced to meet setback re- qurements for 'accessory structures prior to final plat. approval. 5. The - accessory shed near the northwest corner of Lot 1 shall be removed or relocated to meet setback requirements for accessory structures prior to final plat approval. Voting in favor: Chairman'Lucht, Commissioners Malecki, Simmons, Manson, Sandstrom and Versteeg. Voting against: none. The motion passed. APPLICATION NO. '82047 (Ryan Construction Company) The Secretary introduced °t -next item of business, a request by Ryan Construction Company for amended special use permit approval to allow medical and °dental uses in the office building at 6300 Shingle Creek Parkway. The Secretary, reviewed the.contents of the staff report and also the approved parking plan submitted by the applicant, 12 -9 -82 --4- 4 Cor,­ i ; :sic -;er Sandstrom asked whether it was a common practice ; to approve a proof -of- parking and allow the City to make a determina- tion as to when the parking was needed. He asked 'how the City would enforce such a determination and he asked whether the City didn't enforce all of its ordinance requirements. The Secretary stated that °proof -of- parking has been used in at least one recent. case. He stated that he 'did not know whether proof -of- parking has ever been put in later, after determination by the City that they were needed. He explained that allowing for proof -of- parking permits more area on the site to be devoted to landscaping. Chair- ,.Man Lucht pointed out that has been °used often. Commissioner Simmons noted that the original site plan -was approved with the landscape islands in them. She stated that if the Planning Commission accepts changes, it will undercut the original, approval of the site plan. Chairman Lucht then called on the applicant to speak. Mr. John Kelly of Ryan Construction Company assured the Planning Commission that the last thing his company wanted to do is to take out the land-, scaping in the parking lot He estimated that the tenants in the office building would not need more than 85% of the parking that is already installed. He explained that they were hoping to bring in _a tenant for only 1200 sq. ft. and that.a condition of his lease will be that no other dentists be allowed in the building. Chairman Lucht recalled that th e g Plannin Commission had asked about medical uses during and 'that at r review of theor final special use g P _P that time, .Ryan Construction had said there was no interest in bringing medical uses into the office building. Mr. Kell acknowledged 9' g g Y g this, but explained that there is a completely different office space market now than when the building was approved. The Secretary ''ex- plained that the application sets maximums as to the amount of medical space that could actually be put in the building. , It does not mean that there will actually be 20,000 sq. ft. of medical use. Chairman Lucht stated that traffic is also an initial concern for this office.complex and wondered whether that would be any more of a problem when the development is complete. Mr. Kelly answered that he would welcome a traffic problem at this point, rather than the lack of tenants which they have at present. Commissioner Simmons asked whether the building in question has more, less, or the same number of parking spaces as the office buildings owned by Ryan Con- struction in Edina. Mr. Kelly explained that there are about the same number of parking spaces and that proof -of- parking has been used in Edina also. Commissioner Manson suggested the possibility of 'limiting the amount of medical space as opposed to limiting the number of parking stalls. Mr. Kelly answered simply that he did not want to, make ' the mistake of underestimating the amount of space needed as was done during the original approval. Commissioner Simmons stated that the Planning Commission did not want to make the mistake of assuming that the parking would never be needed. There followed a lengthy discussion regarding the elimination proof -of- parking for the landscaped islands in the parking lot. PUBLIC HEARING Chairman Luch opened the meeting fora public hearing on Application' No. 82047 and asked whether` anyone present wished to 12 -9 -82 -5- speak on the application. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Sandstrom to close the public hearing. The motion gassed unanimously* Commissioner Simmons stated that she did not want to see the islands in the parking lot removed. She also stated that she would not vote M for the application as presently submitted for 53 stalls The Plan - ning Assistant explained that the application is open and that the Planning Commission can approve as many stalls as it deems 'appropriate, that it is not locked in to either approving or disapproving the 5.3 that are requested by the applicant. The Secretary added that what- ever stalls are approved should be decided on a rational basis Com- missioner Sandstrom stated that he did not feel the loss of the central, islands would detract from the site. There followed a lengthy dis cussion primarily between Commissioners Simmons and Sandstrom regard- ing the likelihood or possibility of using the proof -of- parking"; spaces that are presently occupied by landscaping,in the parking lot. Commissioner Manson asked whether medical use could be denied in the second building if the occupancy in the first building 'got to the point where the islands had to be removed.- The Secretary answered in the affirmative. Commissioner Malecki stated that she did not feel the proof -of- parking should be allowed on all of the landscaped islands. Commissioner Sandstrom again stated that he thought the likelihood of the islands being removed was remote. Commissioner Malecki answered that it was not necessary to approve :this - applica- tion, that it was a, special use permit and that certain conditions had to be met. She suggested keeping the parking lot islands closest to the main building .since that is where the walkway would be most effective. Chairman Lucht calculated that this would reduce the proof -of- parking from 53 stalls to 38 additional stalls. He polled the Planning Commission to get their reaction to the; compromise. All of the Planning Commissioners agreed that this was an acceptable arrangement. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82047 (Ryan Construction Company) Motion by Commissioner seconded by Commissioner Sandstrom to recommend approval of Application No. 82047, subject to the following conditions: 1. The conditions pertaining to the approval of Application No. 81012 remain in effect* 2. Amended permit approval acknowledges 38 additional parking spaces on the site.allowing a maximum of 14,300 square feet of floor space to be devoted to medical /dental uses, the remainder to be devoted to general office uses. 3. The applicant acknowledges that any or all of the additional stalls shown as proof --of- parking will be installed upon a determination by the City that they are needed. New parking shall be pro vided first from the greenstrip abutting Earle 'Brown Drive and the north greerstrip. Removal of lard - scaped parking lot islands shall be utiAized� last for parking purposes. 12 -9 -82 ` ��_ VC til g in � <:X "r " : 3{:ir'i2 , C Qii T!2.a:11 C?Txt' S E'C :l, Simmo Mani ;c n, and::; rom any; Vers Voting against: none. The motion passed. RLCESS Ti—Planning Commission recessed at 9:12 p.m. and resumed at 9:36 p.m. Commissioner Simmons left the meeting during the recess. APPLICATION NO 8204,8 (City of Brooklyn Center) Following the recess, the Secretary introduced the last item of businE:ss, a: request by the City of Brooklyn Center for site and building plan approval to construct an opaque wall to screen outside storage and to build an addition to the salt storage building at 6844 Shingle Creek Parkway. The application also requests special use permit approval to allow outside storage in connection with a "'noncommercial, use required for the public welfare." The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 82048 attached). The Secretary added four new conditions to the approval and noted that there would ��.. be heightened berming at the northeast corner of the site along 69th . Avenue North to= .screen the outside storage from 69th Avenue along. ,the north side of the site. The Secretary also briefly discussed the four options formaterials to be used for the opaque wall, including: chain link fence with slats; wood; concrete block; and precast con. crete panels. The Assistant City Engineer explained that the precast concrete panels can take up to 9 ft. of materials stored behind it and can also stand the force of normal contact with loading equipment. He stated that these had been the two primary concerns in analyzing which type of material to recommend along with the aesthetic con- siderations in trying to match the material.of the existing buildings on the site. The Secretary explained to the Planning Commission that landscaping for the site should be up to Industrial Park standards :. with shade trees planted at regular intervals along the front green- strip He also noted the need for underground irrigation along the y. south greenstrip and possibly in the western portion of the site.._:He explained that the storage yard would be paved and that curb and gutter would be placed - :along the,,. east driveway, but. not..where the proposed,.-- wall would be, Commissioner Sandstrom asked whether cost was a factor in controlling outside storage noting that the 'City's wadi would the model which others will have to live up to. The Secretary acknowledged that this -. Was a factor in-the ordinance change and in the proposal brought to the Planning Commission. .Commissioner Manson asked whether the f screening of the NSP storage yard is sufficient. The Secretary ex - plained that the NSP storage yard is in the'C2 zoning district which allows more in the way of� outside- storage He added that '-the 'screen- ing provided does meet ordinance requirements. Commissioner Sandstrom; stated that he felt the City had done a good job in its proposal. ; _ Chairman Lucht stated that it would have been nice to have a land- scape plan to review. He reiterated the condition that the City Council have a landscape plan for its review.,' There :followed a brief discussion regarding the type of material to be used. The Commissioners all,agreed` that precast concrete panels was a superior option. 12 -9--82 -7- ACTION RECOMMENDING APPROVAL OF APPLICATION NO'. 82048 (City of Brooklyn Center)' Motion by Commissioner Sastrom seconded Ty Commissioner Manson to recommend approval of Application No. 82048, subject to the following conditions: 1. The ecial use � ermi issued p p t is to the applicant as operator of the facility and is nontransferable. 2. The special use permit is subject to ,, ; all applicable codes, ordinances and regulations and .any violation thereof shall be grounds for revocati The plan shall be modified prior to consideration by,the -City Council to include landscape treatment` south of the proposed opaque wall comparable to the landscaping that exists on the area to be cleared at present. 4. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 5. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. Landscape berms in the northeastern portion of the site shall be modified to provide effective screening of the storage yard from 69th Avenue North`. S. Underground irrigation shall be provided within the greenstrip along Shingle Creek Parkway to ensure site maintenance. 4. The new addition to the salt storage building shall be equipped with an automatic fire extinguishing system in accordance with NFPA Standards and shall: be connected to -a UL approved monitoring system in accordance with Chapter 5 of the City Ordinances. 1Z. The exterior of the wall facing Shingle Creek Parkway shall be precast`, panels 12' 8." in height. #sting -in favor: Chairman Lucht, Commissioners Malecki, Manson, dstrom and Versteeg. Voting against: none. The motion :passed,, SCUSBION ITEM (Ordinance Language Amending 35` -400) Secretary ten briefly >reviewed a -raft ordinance amendment to ftction 35 -400 to provide a Footnote No. 11 allowing existing one and two - family dwellings, which are nonconforming as to setback, to pared- along existing building lines if the extent of the nonconn- f amity is not more than 30%. The Secretary explained that the migge ,. lted ordinance provision was in response to direction of the anning Commission which was offered during the review of Application 8`2039 sought by John Clifford. ge added that the proposed dinarnce provision would eliminate a number ,,of variance requests which could then be handed administratively. Commissioner Malccki asked why 30% was chosen as a benchmark. The Planning assistant e.plained that under the old City Ordinances, there was a "70% rule" which allowed expansion of structures pro - vided the resulting structure has met 70% of the ordinance standard. This led to a serious erosion in ordinance standards and was dropped when the City adopted its 1968 Comprehensive Zoning Ordinance. He explained that a number of structures which were granted variances under that rule would be allowed to expand along their- existing building lines under the proposed ordinance amendment. He also cited the fact that many homes built along major thoroughfares are set back only 35 feet rather than the more recently required 50 feet. He noted that this constitutes a 30% setback deficiency and that the ordinance would allow these structures to expand along existing building lines. The Secretary asked the Planning. Commission to con- time to review the proposed language until the'next meeting and be prepared at that time to recommend any changes or adoption of the draft ordinance amendment to the City Council. The Secretary then briefly reviewed a recent use of the Joslyn pole yards by a lumber distributor. He explained that the lumber distri- bution operation is a permitted use in the I -2 zoning district and that no permanent improvements are proposed at the present time. He stated that the site is to be regulated in the short term by Fire Code provisions and also noted that the PCA has established require - ments for the site in a contract with Joslyn Manufacturing. ADJOURNMENT Folloowi g brief discussion of the 1983 meeting schedule there was a motion by Commissioner Manson seconded by Commissioner Malecki to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:31 p.m.. Y Chairman f 12 -9 -82 -9- Manning Commission. Information Sheet Application No. 82037 Applicant: Northport Properties ; Location: 5415,Brooklyn Boulevard Request: Rezoning The applicant requests rezoning from RI to C1 of the land on which the Northport Medical Clinic is presently located, 5415 Brooklyn Boulevard. This application was considered by the Planning Commission at its October 14, 1982 meeting. At that time, the application was tabled and referred to the Southwest Neighborhood Advisory Group for 'review and comment. The advisory group met on November. 10, 1982 at Northport School to consider the rezoning (see minutes attached).. Those present recommended favorably on the request and the matter is again before the Commission for recommend- to the City Council. In addition to the minutes< of the Neighborhood Advisory_ Group meeting,' the following material's are also attached for the Commission's review: 1. A copy of the October 14, 1982 Planning Commission minutes relating to Application No. 82037: 2. The Planning Commission Information Sheet for Application No 82037 3. A letter from the applicant requesting the rezoning.` 4. A map of the area showing the location of the property in question and the existing zoning districts in the area. 5. A site plan of the property showing the location and dimensions of the clinic and parking lot. 6. A copy of Section 35 -208 of the City Ordinances regarding the Rezoning Evaluation Policy and Review Guidelines. 7. Table 14, "Land Use Plan Revisions" and Figure 15, "Land Use Plan Revisions Map" from the updated .Comprehensive Plan which_ designates this area for Service /Office -use (Cl). In light of the recommendation of the Comprehensive Plan, staff feel the rezoning should be approved as requested. We do not recommend any expansion of the area to be rezoned, at this time. The Comprehensive Plan recommends that the land to the south of the clinic remain low - density residential. The land north of the clinic is recommended for Service /Office use; but the policy of the City, with respect to Comprehensive' Plan recommendations, is not to upzone property until a specific development plan which meets ordinance requirements is submitted, for approval concurrently with a rezoning proposal. We therefore, recommend approval of -the rezoning as requested. We will have a draft resolution recommending approval available for the Planning Commission at Thursday night's meeting. The public hearing concerning this application has been continued and notices have been sent. 12 -9 -82 i Planning Commission Information Sheet Application No. 82046 Applicant: Glen Marsh Peal Estate Investments . 'Location: 910 - 55th Avenue North Request: Preliminary Plat, Variance The applicant requests preliminary plat approval ;and a variance from the lot width requirement to subdivide into two lots the property at the northwest corner of 55th Avenue North and Bryant Avenue 'North.. The property is zoned Rl and is bounded by Bryant Avenue North on the east;, by 55th Avenue North on <the south, and by single - family homes on the west and north. The property is presently described as the South half of the East half of Lot 45, Garcelon's Addition to Minneapolis. The proposed legal description is Lots 1 and 2, Block 1, Mae H. Lent Addition. The dimensions of the existing lot are approximately 135' x 150' (150' along Bryant Avenue North). The ,proposed subdivision would create Lot 1, 70.26 wide and 135.55' deep, 9,520 sq. ft. in area; and Lot 2, a corner lot, 79'' wide by 135.55' deep and 10,708 sq. ft. in area. Both lots would be substandard as to width, but would meet the area and depth requirements for an interior and .a corner,lof respectively. The . variance request is,°therefore,,.for 4.74' in width on the interior lot and for 11' on the corner lot. The proposed Lot 2 (corner lot) is currently occupied by :a two - storey single- family home and attached one -car garage.- These structures -will meet setback requirements on the newly created lot. On the proposed Lot 1 (interior lot) is a one - storey out- building which has not been occupied for many years and which the Building Official believes cannot be brought up to current code. It is his recommendation that any plat or variance approval be conditioned on the removal of the structure from the premises. The applicant's representative has submitted a letter addressing the Standards for a Variance from the Subdivision Ordinance (letter and standards attached'). The letter explains that the dimensions of the lot came about as a result of the under- lying subdivision of the property, Garcelon`s Addition to Minneapolis, which was filed in 1588. That - subdivision divided the land in that area into 298' wide lots which were later split into 149 wide lots. The letter also argues that the granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood because: a) The number of persons to reside in the proposed subdivision will not change, b) The development would have little, if any, effect on traffic. c) The proposed use of land will not change. d). The approval will allow the existing structure'to °be_upgraded to current City code standards or to be removed so that.a new home can be built on proposed Lot 1 Finally, the letter notes that the.proposed variance is not inconsistent with other variances -which have granted for subdivisions in the Southeast Neighborhood. Under the City's Subdivision Ordinance, the Council may authorize a variance from ' these 'regulations when in its opinion, undue hardship may result from strict , com- pliance. In granting any variance the Council shall prescribe only conditions that it deems necessary to or desirable for the public interest. 1.2 -9 -82 -1- Application No. 82046 continued In making its findings, the Planning. Commission should taken into account the nature of the proposed use of land, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable.effect of the proposed subdivision upon traffic conditions in the vicinity. To grant a variance, the Council shall find: 1 That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of the variance will not be detrimental to the'`II' public welfare or injurious to 'other property in the territory An which said property i,s situated. The application `is also a variance from Section 35 -400 of the Zoning Ordinance and is subject to the standards set forth in Section 35 -240. The practise of the City in the past regarding subdivision variances has been: 1) The variance(s) have been minimized to the maximum extent possible. 2) There is no excess land available on adjacent lots to meet the strict letter of the ordinance. 3) The proposed lot or lots meet at least two of the requirements for ' lot width, depth, and area, especially lot area. Staff feel that the variance in question meets the standards for a Subdivision variance and the standards for a Zoning Ordinance variance and all three of the criteria generally met by similar variances in the past. ire, therefore recommend approval of °'the variance and the subdivision. However, staff also recommend' that the approval of this application be subject to removal of the structure existing on Lot 1. The structure is in a deteriorated condition and has been posted by the Building Official as unsafe for human occupancy. Moreover, the Building Official has.indicated that compliance with current codes would be very difficult, if not impossible. We believe it would be inappropriate = give final authorization for the lot division as Long as the substandard structure' remains on the property. Another matter of concern is the existence of a concrete patio slab behind the garage of the 'house at 910 - 55th Avenue North which extends over the proposed property line separating Lots 1 and 2. This constitutes an accessory structure of sorts and should meet setbacks from the new property line before the divis <ion i;s finalized. Finally, there is a shed located on the west (rear) property line of Lot 1,-near the northwest corner of the lot. This structure should either be removed completely or relocated to meet proper setbacks prior to final approval of the subdivision. Based on the foregoing, Application No. 82046 is recommended for approval based on the following reasons and subject to the following conditions: 12 -9 -82 -2- Application No. 82046 Reasons for Variance: 1. The lot width variance has been minimized to the maximum extent possible. 2. There is no excess land available on adjacent lots to further reduce or eliminate the need for a variance. 3. The proposed lots meet 'ordinance requirements for lot depth and lot area. 4. The variance is necessary to allow the petitioner to make reasonable use of the land parcel that presently exists. 5. Granting the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood. Conditions of Plat Approval: 1 The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. - 3. The existing shack on Lot 1 shall be removed from the premises prior to final plat approval. 4. The existing concrete patio slab which extends over the property line between Lot 1 and Lot 2 shall be removed or reduced to meet setback requirements for accessory structures prior to final pat approval. 5. The accessory shed near the northwest corner of Lot 1 shall be removed or relocated to meet setback requirements for accessory structures prior to final plat approval. 12 -9 -$2 -3- Planning Cfxt,o�i -ssion Infcru Sheet Application ado. 22047 Applicant: Ryan Construction Company Location. 6300 Shingle Creek Parkway - Request: Special Use Permit The applicant requests amendment of the special use permit approval allowing an office use in the I - zone to i nclude medical and.dental uses as well The property in question is the Srookdale Corporate Center located at 6.300. Shingle Creek Parkway and is bounded by I -94 on the north, by Earle Brown Drive on the .east, by vacant I -1 zoned land on the south, and by Shingle Creek Parkway on the west. The reason for the amendment is that the original special use permit comprehended only general office uses which have a lower parking requirement than medical and dental uses. The original approval pl a n showed no parking (i ncluding proof -of- parking) beyond that required for general office use. Staff have, therefore,asked for ' "a new proof- of- parking plan showing additional stalls to accommodate medical and dental space. The parking requirement for general office uses is Gross Floor.Area /[.0005 x Gross Floor Area + 1901 whi ch, in the case of this building of 116,640 sq. ft., is o ne stall per 248;.32 sq. ft. (470 stalls for the entire building). The parking requirement for medical and dental uses is one space per 150 sq. ft. or three spaces for each doctor or dentist plus onespace for every two employees whichever is greater. Using the floor area basis, roughly five (5) stalls are required for medical use where' three (3) stalls would be required for general office use. The proposed proof -of- parking plan shows 53 additional stalls for a total of 523. If all these stalls are accepted, the total space devoted to medical /dental uses could be as high as 20,000 sq..,ft. as shown below: x /150 + Y/248.32 = 523 x(medical space) + y (general office space) = 116,640 1.65547 x + y =- 24832'x 523 1.65547 x + y = 129,871.36 .55547 x T 13;231.36 (medical /dental use) x = 20,186 sq. ft. (general office use) y = 96,454-sq. ft. Staff recommend that at least three (3) of the new stalls not be accepted on the grounds that they leave insufficient delineation. This would reduce the maximum space devoted to medical uses somewhat. A final calculation can be made when the total number of parking spaces are actually accepted. The 53 additional stalls' proposed by the applicant would eliminate a number of large landscaped' islands in the parking lot. The stalls would not actually be put' in at this time, but would serve as an addition to the proof -of- parking until such time as the stalls may be needed. The applicant presently has one interested dental tenant of approximately 1,200 sq. ft. Since much of the building is vacant, there is no parking problem at this time, but the need for additional parking could arise as the building fills up and includes more medical /dental uses. We recommend approval of the amended special- use 'permit, subject to at least the following conditions: 1. The conditions pertaining to the approval of Application No. 81012 remain in effect. 12 -,9 -82 _1_ Application No. 82047 continued 2. Amended permit approval acknowledges additional parking spaces on the site allowing a maximum of sq, ft. of floor space to be devoted to medical /dental uses, the remainder to be devoted to general office uses. 3. The applicant acknowledges that any or all of the additional stalls shown as proof -of- parking will be installed upon a determination by the City that they needed. New parking shall be provided first from the greenstrip abutting Earle Brown Drive and the north "green strip. Removal of landscaped parking lot islands shall be utilized last for parking purposes. Planning Commission Information= Sheet Application No. 3204$ Applicant: City of Brooklyn Center Location: 6844 Shingle Creek Parkway Request: Site and Building Plan /Special Use Permit The applicant requests site and building plan approval to construct an 8,150 sq. ft. expansion to the salt storage building and to construct a 12' 8" high opaque wall, along Shingle Creek Parkway to screen outside storage at the City's Maintenance Annex at 6844 Shingle Creek Parkway. The applicant also requests special use permit approval for outside storage of materials (sand, gravel, wood chips, playground equipment, etc.) in the yard area at the southeast quadrant of the site, to be screened by the opaque wall mentioned above. The property in question is zoned I -1 and is bounded by 69th Avenue North on the north, by Spec. 4 Industrial °Building on the 'east, by Shingle Creek Parkway on the.south, and by the Shingle Creek greenstrip on the west: The parking requirement for the main garage building is 34 stalls at straight ware- house, 43 stalls if 10% of the floor spare is devoted to office (less than 10% is presently devoted to office use "). The parking requirement for.the expanded salt storage building is 15 stalls. There are presently 34 staffs provided on the site and room for 12 more stalls within the already- paved areas. In addition, there is a sub stantial amount of open space along the west side of the Site which could be used for parking space, if necessary. Landscaping in the area of the new construction presently includes four Maple trees in the greenstrip adjacent to Shingle, Creek Parkway.. It is intended to install additional shade trees within this greestrip toward the southeasterly corner of the site, but this landscaping is not yet indicated on the plans. Certain trees currently in this location may be relocated if possible. The area to the north of the proposed wall will be graded so that drainage flows away from the wall into three catch basins on the north side of the proposed storage yard. Runoff would then be conveyed to - a single storm sewer line connected to the public storm sewer in the street. The building is to be constructed of pre -cast concrete panels with baked face to match the existing salt storage building. The materials for the opaque screening wall have not yet been decided, but will probably be masonry to be consistent with the buildings on the site Both the building addition and the wall will be set back 50' from the Shingle Creek Parkway right -of -way ,line. Section 35-330.3(h) of the Zoning Ordinance allows by special use permit "other non - commercial -uses required for the public welfare: as determined by the City Council, including accessory outside storage of materials when screened from public view by an opaque wall.. Further, Section 35 41.3.9 of the Zoning Ordinance' requires that such walls be "appropriately landscaped and shall be aesthetically compatible with other structures and landscaping on the site. The outside storage of materials and the wall to screen these materials are the subject of the special use permit application. We do not recommend that the special use permit allow the 'outside storage of motor vehicle equipment, only the storage of materials and non - motorized equipment. In general, the plans are acceptable and approval is recommended, subject to At least the following conditions 12 -9 -82 -1- . Application No. 82048 continued v 1. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. The plan shall be modified prior to consideration by the City Council to include landscape treatment south of the proposed opaque wall comparable to the landscaping that exists on the area to be cleared at present. 4. Building plans are subject to review and approval by.the'Building Official with respect to applicable codes 'prior 'to the issuance of permits. 5. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits.' 6. B612 curb and gutter shall be provided around all parking and driving areas. 12 -9 -82 -2- Lel"6cre r "f First Bank Place West December 16, 1982 :4nneapot s -%nnesota 55402 1e*phone 612 -333 -0543 Mr. Brad. Hoffman ZZaytr n L aLe!7eipre Ci o f Brooklyn Center -*rben P er;( . Dennis O'Brien 6 301 Shingle Creek Parkway -John E: Drawz Brooklyn Center, Minnesota 55430 David J. Kennedy -ahn B. Dean =:enn E. Purdue Re: $7,200,000 Commercial Development Revenue Note •xhard J. Schleifer (Commercial Partners /Brookdale Project) Charles L. Le=evere City of Brooklyn Center, Minnesota rbert P Leiter III effreyJ strand Our File No. 'B -2328 Vary J Bjorkiun m u Knesse' Dear Brad: —4e Nolan No +an indy L_ Lavorato chaelA.Nash I have reviewed the final resolution and underlying documents _uke R. Komarek prepared by bond counsel in connection with the above .gran N. Encksen h D. Moran financing and find that they are all in proper form for consideration by the City Council at its meeting on December 21st. I have passed on a number of minor corrections to John Utley and those will all be taken care of by the time the documents are presented to the City. This note is designed to provide the permanent financing for the City's $6,200,000 Industrial Development Revenue Note (Commercial Partners /Brookdale Project) Series 1980, the proceeds of which were used for temporary financing of the project. The proceeds of this note will be used to retire the temporary note and provide funds for cost of issuance- and additional project costs. The present note is being 1 purchased by FBS Mortgage Corporation and bears interest at a floating rate ,tied to the prime interest rate of the First National Bank of Minneapolis. The ,note matures on January 1, 2003 but is subject to redemption at various earlier dates upon various conditions specified in the note itself. ' The note is secured by the mortgage on the project, and an assignment of lease and rents from the project. The proceeds will be disbursed to the partnership pursuant to a disbursing agreement between the City, the partnership, and FBS Mortgage Corporation. Mr. Brad Hoffman Decomber 16, 1982 Page Two Since the note is being issued to permanently finance a temporary loan under the Industrial Development Act, no further approvals from the State of Minnesota are required.. Yours very truly, David J. Kennedy DJK:caw /d/V RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA ( "CITY ") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE $7,200,000 COMMERCIAL DEVELOPMENT REVENUE NOTE (COMMERCIAL PARTNERS /BROOKDALE PROJECT), SERIES 1982 ( "NOTE "), WHICH NOTE AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM THE REVENUES DERIVED FROM THE LOAN AGREEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT, AN ASSIGNMENT OF LOAN AGREEMENT, AND A DISBURSING AGREEMENT; APPROVING THE FORM OF A COMBINATION MORTGAGE, SECURITY AGREEMENT, AND FIXTURE FINANCING STATEMENT AND AN ASSIGNMENT OF LEASES AND RENTS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTE; AND PROVIDING FOR THE SECURITIES, RIGHTS AND REMEDIES OF THE HOLDER OF SAID NOTE WHEREAS, the purpose of the Minnesota Municipal Industrial Development Act, Minnesota Statutes Chapter 474, as amended (the "Act "), as found and determined by the Legislature of the State of Minnesota, is to promote the welfare of the State of Minnesota by the active attraction, encouragement and develop- ment of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment, and for this purpose the State of Minnesota has encouraged action by local governmental units; and WHEREAS, factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in urban and metropolitan areas, the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population, and the need for development and use of land which will provide an adequate tax base to finance these increased costs; and WHEREAS, the City of Brooklyn Center, Minnesota (the "Cites); desires to expand the business and employment opportunities, and the available tax base of the City, and to promote the redevelopment of property within the City; and WHEREAS, the City , is authorized by the Act to enter into a revenue agreement with any person, firm, or public or private corporation, or federal or state governmental subdivision or agency in such manner that payments required thereby to be made by the contracting party shall be fixed, and revised from time to time as necessary, so as to produce income and revenue sufficient to provide for the prompt payment of principal of and interest on all bonds issued under the Act when due, and the revenue agreement shall also provide that the contracting party shall be required to pay all expenses of the operation and maintenance of the project including, but without limitation, adequate insurance thereon and insurance against all liability- for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the project and payable during the team of the revenue agreement; and 1 WHEREAS, the Act further authorizes the City to issue revenue bonds, in anticipation of the collection of revenues of a project, to finance, in whole or in part, the cost of acquisition, construction, reconstruction, improvement, better - ment, or extension of such project; and WHEREAS, the City has received from Commercial Partners /Brookdale (the "Developer "), a proposal that the City finance a project for purposes consistent with the Act, said project to consist of the construction of a commercial shopping center complex (the "Project ") in the City; and WHEREAS, by Resolution No. 80 -125, adopted on May 19, 1980, the City determined that, on the basis of information provided to-it by the Developer and others, the effect of the Project, if undertaken, would be to encourage the development of economically sound commerce in the City, increase the assessed value of property within the City, increase current employment opportunities for residents of the City and surrounding areas, and to facilitate the redevelopment of property within the City, all to the benefit of the residents and taxpayers of the City; and WHEREAS, by Resolution No. 80 -125, adopted on May 19, 1980, the City approved the proposal of the Developer that the City undertake to provide financing for the Project and gave preliminary approval of the Project, including the issuance, sale, and delivery of the $6,200,000 City of Brooklyn Center,_ Minnesota, Industrial Development Revenue Note (Commercial Partners/Brookdale Project), Series 1980, subject to final approval by the City; and WHEREAS, by Resolution No. 80 -287, adopted on December 22, 1980, the City Council of the City approved the issuance of the $6,200,000 City of Brooklyn Center, Minnesota, Industrial Development Revenue Note (Commercial Partners /Brookdale Project), Series 1980, with a term of two years in order to provide temporary financing for the immediate acquisition, construction, and installation of the Project; and WHEREAS, by said Resolution No. 80 -287, the City Council of the City resolved to use its best efforts to issue its revenue bonds in order to provide permanent financing for the Project; and WHEREAS, the City Council of the City proposes to issue a revenue bond, hereinafter referred to as the "Note," under this resolution; and WHEREAS, the Note issued under this resolution will be secured by a mortgage and lien on said Project and a pledge and assignment of the Loan Agreement, as hereinafter defined, and of the revenues derived by the City from the Loan Agreement, and said Note and the interest on said Note shall be payable solely from the revenue pledged therefor and the Note shall not constitute a debt of the City within the meaning of any constitutional, charter, or statutory limitation nor shall constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers and shall not constitute ,a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than its interest in the revenues derived from the Loan Agreement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY THAT: 2 1. The City Council of the City finds, determines and declares that the construction of the Project within the City will expand the business and employment opportunities within the City, will expand the tax base of the City, will promote the redevelopment of property within the City, and will generally aid and assist the City, the School District in which the City is located, and the County of Hennepin. 2. For the purpose of financing the acquisition, construction, and installation of the Project, there is hereby authorized the issuance, sale, and delivery of $7,200,000 City of Brooklyn Center, Minnesota, Commercial Development Revenue Note (Commercial Partners /Brookdale Project), Series 1982 (the "Note "). The Note shall bear interest at the rates, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed in the form of the Note now on file with the City Clerk of the City. 3. The Note shall be a special obligation of the 'City the proceeds of which shall be disbursed pursuant to the Disbursing Agreement, dated as of the date of the Note and executed by the City, the Lender, and the Developer (the "Disbursing Agreement "). The principal, premium, if any, and interest on the Note shall be payable solely from the revenues derived from the Loan Agreement, dated as of the date of the Note and executed by the City and the Developer (the "Loan Agreement "). The Mayor and City Manager of the City are hereby authorized and directed to execute and deliver the Note. 4. The Disbursing Agreement, the Loan Agreement, and the Assignment of Loan Agreement, dated as of the date of the Note and executed by the City (the "Assignment of Loan Agreement "), all in the form now on file with the City Clerk of the City are hereby approved. The Mayor and City Manager of the City are hereby authorized and directed to execute and deliver the Disbursing Agreement, the Loan Agreement, and the Assignment of Loan Agreement. 5. The Combination Mortgage, Security Agreement, and Fixture Financing Statement, dated as of the date of the Note and executed by the Developer, and the Assignment of Leases and Rents, dated as of the date of the Note and executed by the Developer, are hereby approved in the form now on file with the City Clerk of the City. fi. The Guaranty Agreement, dated as of the date of the Note and executed by Robert M. Larsen, Alan W. Gustafson, Paul R. Anderson, and D. James Guzy, is hereby approved in the form now on file with the City Clerk of the City. 7. Upon approval by the Mayor, and concurrence by counsel for the City, amendments may be made to the aforementioned documents to the extent not inconsistent with this resolution. Such approval and concurrence shall be - evidenced by the execution of the aforementioned documents by the Mayor and the delivery of the opinion of counsel for the City. 8. The Mayor and City Manager of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Note,' including the election required to be made by the City pursuant to Section 103(b)(6)(D) of the Internal Revenue Code of 1954, as amended, and Section 1.103- 10(b)(2)(vi) of the Regulations promulgated pursuant thereto. 3 r 9. All covenants, stipulations, obligations, and agreements of the City contained in this resolution and the aforementioned documents shall be deemed to be the covenants, stipulations, obligations, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City, or such officers, board, body, or agency thereof as may -be required by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation, or agreement of any member of the City Council of the City, or any officer, agent, or employee of the City in that person's individual capacity, and neither the City Council of the City nor any officer executing the Note shall be liable personally on the Note or be subject to any personal liability or accountability by reason of the issuance thereof. 10. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents, expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City or any holder of the Note issued under the provisions of this resolution, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof; this resolution, the aforementioned documents, and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and any holder from time to time of the Note issued under the provisions of this resolution. 11. In case any one or more of the provisions of this resolution, or of the aforementioned documents, or of the Note issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Note, but this resolution, the aforementioned documents, and the Note shall be construed and endorsed as if such illegal or invalid provision had not been contained therein. 12. The Note shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Note and the regularity of the issuance thereof, and that all acts, conditions, and things required I by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Note and to the execution of the aforementioned documents to happen, exist and be performed precedent to and in the enactment of this resolution, and precedent to issuance of the Note and precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 13. The Note shall be fully registered by the City. At the request of the Holder, this Note may be surrendered to the City and exchanged for two or more notes or bonds in such denominations as the Holder may elect. The Note may be transferred only upon the books of the City kept for that purpose by the Note Registrar of the City. The City Clerk of the City is hereby appointed as Note Registrar of the City. In the event any Note is mutilated, lost, stolen, or destroyed, the City shall execute and deliver to the registered holder of such Note 4 r a new Note of like date, maturity, and denomination to that mutilated, lost, stolen, or destroyed, provided that, in the case of any mutilated Note, such mutilated Note shall first be surrendered to the City, and in the case of any lost, stolen, or destroyed Note, there first shall be furnished to the City evidence of such loss, theft, or destruction satisfactory to the City, together with an indemnity satis- factory to the City. The City may condition its registration of the transfer of any Note, or its exchange of the Note for notes or bonds, or the replacement of any mutilated, lost, stolen, or destroyed Note upon the payment to the City of its reasonable fees and expenses for such services. The City may treat and consider the person in whose name any Note is registered as the holder and absolute owner of such Note for all purposes whatsoever. 14. The officers of the City, attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Note for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Note, the aforementioned documents, and this resolution. 15. This resolution shall be in full force and effect from and after its passage. 5 Member introduced the following resolution and loe moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING THE COMMISSIONER OF TRANSPORTATION AS AGENT FOR THE CITY OF BROOKLYN CENTER 4 BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that pursuant to Section 161.36, Subdivision 1 through 6, Minnesota Statutes, the Commissioner of Transportation be appointed as agent of the City of Brooklyn Center to let as its agent, contracts for the construction of local streets and bridges, and the Mayor and the Clerk are hereby authorized and directed for and on behalf of the City Council to execute and enter into a contract with the Commissioner of Transportation prescribing the terms and conditions of such contracts in the form as set forth and _contained in "Minnesota Department of Transportation Agency Agreement" a copy of which said agreement was before the Council, assuming on behalf of the City all of the obligations therein contained. Date mayor ATTEST: Clerk I 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.; Revised 12/19$2 Office of State Aid MINNESOTA EEPARTMENT CF TRAN RCRTATICN AGENCY AGREEMENT This Agreement made and entered into by and between the City of Brooklyn Center herein after referred to as the "City" and the Commissioner of Transportation of the State of Minnesota hereinafter referred to as the "Commissioner ", WITNESSETH: WHEREAS,, pursuant to M.S. 161.36 the City of Brooklyn Center desires the Commissioner to act as its ;agent in accepting federal aid on: the - City's behalf, for road and bridge construction and in contracting for the construction, improvement or maintenance of roads or ,bridges financed either in.whole or part with federal moneys: and WHEREAS, M.S. 161.36, Subdivision 2, requires that the terms and condition of the agency be set forth in an agreement: NOW, THEN, IT IS AGREED: _ 1 _ That pursuant to M.S. 161.36, the City does hereby appoint the Commissioner its agent with respect to all federally funded projects, to accept and recevew all federal funds made available for said projects and to let contracts pursuant to law for the construction and improvement of local streets and bridges. Page No. 1 Each project to to covered t "y this agreement shall be programmed by the submission to the Commissioner a programming form together with a certified copy of the resolution of the City Council requesting the Commissioner to obtain federal approval for the project(s). Each contract will be in accorda -nce with plans and special provisions for said projects on file in the Department of Transportation, State Transportation Building,- St. Paul, Minnesota 55155, and the latest edition of "Standard Specifications for Highway Construction" and all amendments thereof, which said plans, special provisions and specifications are made apart of this agreement by reference as though fully set forth herein. In the letting of said contract, it is hereby agreed that the following procedures shall be followed, to -wit: (a) The Commissioner shall cause the advertisements calling for bids on said work to be published in the Construction Bulletin. He shall also cause advertisements for bids to be published in the officially designated - newspaper of the City. Said advertisement call for bids shall specify that sealed proposals or bids will.be- received by the City Clerk of Brooklyn Center - on behalf of the Commissioner as agent of said City. Proposals, plans and specifications shall be available for the inspect-;ion of prospective bidders at the office of the Department of Transportation, St. Paul, Minnesota 55155,. and at the office of Page No. 2 said City Clerk and the advertisement shall so state. The bids received in response to said advertisements for bids shall be opened for and on behalf of the commissioner by a District Director of the Department of Transportation or such 'other engineer of -the Department of Transportation as may be from time to time selected by the Commissioner. After said bids shall have been opened, the City Council shall first consider the same and thereupon transmit to the Commissioner all bids received together with its recommendation that the lowest bid submitted by a responsible bidder be accepted or that all bids be 'rejected. Upon receipt of all said bids, the Commissioner shall duly cause all of said 'bids to be tabulated in accordance with law and shall thereupon determine who is the lowest_ responsible bidder and shall award the contract to the lowest responsible bidder or shall reject all bids. (b) The Commissioner shall supervise and have charge of the construction of said projects after the same has been let. The City agrees to furnish its City engineer or other registered engineer and assign him to the active supervision and direction of the work to be performed under any contract let for the aforesaid projects. Said engineer so assigned shall act under the supervision and direction of the Commissioner. The City further agrees to furnish such other personnel, services, supplies and equipment as shall be necessary in order to properly supervise and carry on said work. Page No. 3 (c) The Commissioner may crake changes in the plans or the character cf the work as shall be reccmmended by the engineer in charge of the work. If he concurs in such recommendations, the Commissioner may enter into, for and on behalf, of the City, supplemental agreements with the contractor for the performance of any extra work or work occasioned by any necessary, advantageous, or desirable change in plans or construction. It is understood by the City that the Commissioner cannot personally investigate and pass judgment on -the various items of extra work and plan changes necessary and desirable during the construction of the projects but that he must delegate such duties to engineers under his supervision and control that are employed by the Minnesota Department of Transportation. The City does hereby authorize these engineers, so delegated by the Commissioner, to enter into, for and on behalf of the City, the supplemental agreements specified in the preceding paragraph hereof. (d) The City 'hereby authorizes its City Engineer, for and on behalf of the City, from time to time, during the progress of the work on said projects, to request the Commissioner to furnish for use on said projects specific engineering services to -be performed by skilled employees of the Minnesota Depar ment.of Transportation. The Commissioner' may but is not obligated to furnish the services so requested. Page No. 4 If the Commissioner in compliance with such request shall furnish for the use of the City on said project the services of any Minnesota Department of Transportation employee, then and in that event, the City agrees to reimburse the Trunk Highway Fund for the full cost and expense of the furnishing of such services including all costs and expenses of any kind or nature whatsoever arising out of, connected with, or incidental to the furnishing of such services. (e ) The Commissioner shall receive the funds t o be paid by the City and the funds to be paid by the United States as federal aid funds, for said projects and to pay therefrom when due any and all sums that may become due the contractor to whom the contract is awarded, and upon final completion and acceptance of the work, .to pay from said funds the final estimate to said contractor for said work. (f) The Commissioner shall- perform on behalf of the City all other .acts and things necessary.'to cause said projects to be completed in a satisfactory manner. (g) The Commissioner may enter into any agreement for and on behalf of the City with the United States or any officer or agent thereof that may be required or necessary for the purpose of procuring and actually causing to be paid the f federal aid .funds available for said projects and to that end ` to bind and commit the City in such agreement to the performance, of any and all things required by any .law of the United States or of any rule and regulation issued by federal Page No. 5 authority pertaining thereto necessary for the purpose of procuring anti_ ,.'having paid the federal aid available for said projects. (h) It is the policy of the United States Department of Transportation and the Minnesota Department of Transportation that minority business enterprises as defined in 49 CPR, Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this agreement. Consequently, the minority business enterprise requirements of 49 CFR Part 23, apply to this agreement. The Commissioner will insure that minority business enterprises as defined in 49 CFR, Part 23, have the maximum opportunity to participate in the performance of contracts, financed in whole or in part with federal funds. In this regard, the Commissioner will take all necessary and reasonable steps in accordance with 49 CFR, Part 23,.to insure. that minority business enterprises have the maximum opportunity to compete for and perform such contracts.: The Commissioner will not discriminate on the basis of race, color, national origin, or sex in the award and performance of federally funded contracts under the terms of this agreement. M The Commissioner may perform on behalf of the City any other and further acts as may be necessary or required under any,law of the United States or of any rule or regulation issued by proper federal authority in order to cause said projects to be completed and to obtain and receive the federal aid made available therefor. Page No. 6 z_ The City agrees that it will from time to time, after the execution of,,.this agreement, make such reports, keep such records and perform such work in such manner and time as the Commissioner shall from time to time request and direct so as to enable the Commissioner as its agent to collect for it the federal.aid'sought. Said records and reports shall be retained by the City in accordance with the Commissioner's record retention schedule for federal aid projects. 3 It is anticipated that the United States will pay to the Commissioner as the agent of the City, the federal aid funds available to said City toward the construction of said projects It is further anticipated that the contracts to be let by the Commissioner as the agent of the City, for the construction of said projects shall provide that the contractor, as the work progresses, shall, from time to time, be paid partial payments designated in said contract as partial estimates and on the ,completion and acceptance of said work to be paid a final payment designated in said contract as a final estimate for all work performed. The City further agrees that any City funds and /or Municipal State Aid funds to be applied to any contract covered by this agreement shall be-deposited with the Commissioner in accordance with 14 MCAR Section 1.5032. At: regular monthly intervals after contractors shall Page No. 7 have started work under contracts let by the Commissioner as agent the City for the construction of said projects, the engineer assigned to and in charge of said work shall- prepare partial est mates in accordance with the terms of said contracts let for said projects and the procedures established by the Office of Construction, Minnesota Department of Transportation. -The said engineer in charge of -said work shall immediately after preparing each partial estimate, transmit the same to the Commissioner in quintuplicate'. Each such partial estimate, shall be certified by the engineer in charge and by the contractor performing such work. The said engineer assigned to and in charge of said work shall _ also prepare and' submit to the Commissioner the final estimate data, together with the required project records in accordance with the terms of said contracts let for said projects. Quantities listed on said partial and final, estimates shall be documented in accordance with the guidelines set forth in the applicable documentation manual. After the approved final estimate has been submitted to the Commissioner, the City will pay to the -Commissioner any amount together with the federal funds received for that project will be sufficient to pay all the contract costs of the project. - 4 - When the contractor shall have completed the work on said projects, the City agrees to inspect the same and forthwith upon the completion of said inspection- advise the Page :No. 8 r Commissioner whether or not the work; performed should be, by the Commissioner as its agent, accepted being,performed in a satisfactory manner. In the event the County should; after said inspection,.recommend to the Commissioner that he should' not accept said. work, then the City shall at the time such recommendation is made specify in particularity the defects in said work and the reasons why the work should not be accepted. It is further agreed that any recommendations made by the City are not binding on the Commissioner but that he shall have the right to determine whether or not the work has been acceptably performed and to accept or reject the work performed under any said contract. - 5 - It is further agreed that the decision of the Commissioner on the several matters herein set forth shall. be :. final, binding and conclusive on the parties hereto. 6 It is anticipated that the entire cost of said projects is to be paid from funds made available by the United States, by way of federal aid, and by the City. If ,for any reason the United States fails to pay any part of the cost or expense of said projects, then and in that event the City agrees to pay the same. "The City further agrees to Fay any and. all claims or demands of any 'kind or nature whatsoever arising out of or incidental to the performance of the work under any contract let for said projects in the event that the United Page No. 9 States does not pay the same, and in all events, agrees to save the State of Minnesota and the Commissioner harmless and to pay any and all expenses and costs connected with said projects -,or the construction thereof which the United States, does not pay. _ 7 _ The City further agrees that 1) Where, there is federal aid in right-of-way; The City will meet the requirements contained in the Federal.-Aid Highway Program Manual Volume 7. Note: If there: is federal aid in relocation only, the contract discussed in Chapter 5, Section 1, Paragraph 10C, of said Volume 7, must be executed. 2) where there is federal aid in construction only; The City will meet the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 together with FHNA regulations implementing Title.II of the Act on relocation (FHPM Volume 7, Chapter 5), and Federal -Aid Highway Program Manual Volume 7, Chapter 1, Section 4, Paragraph 5A pertaining to civil rights. g _ All references to-statutes and rules shall be construed to refer to the statutes and rules as they may be amended from year to year. _ 9 The Commissioner accepts this said ?appointment as agent of the City and agrees to act in accordance herewith. Page No. 10 n II 1 LATE CITY CF Brooklyn Center r RECCMMENDED FCR APPROVAL BY Mayor Attest: Director, Cffice of 'state Aid Date City Clerk APPRCVED- AS TC FCRM AND EXECUTICN: STATE CF MINNESCTA BY µ Commissioner of Transportation- DATE DATE (Submit in Duplicate') (SEAL) Page No. 11 Cd Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID FOR FOUR (4) COMPACT POLICE PATROL SEDANS WHEREAS, the City Clerk has reported that on-December 15, 1982 at 2 :00 p.m., he opened and tabulated bids received for the four (4) compact police patrol sedans, and that said bids were as follows: BIDDER PER UNIT TOTAL PRICE 1. Hansord Pontiac $8,815.89 $35,267.56 48 days 2. Iten Chevrolet $9,006.00 $36.024.00 60 -120 days NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center that the bid of Hansord Pontiac for the four (4) compact police patrol sedans in the amount of $35,267.56 is deemed to be the best bid submitted by a responsible bidder and said bid is hereby; accepted. Date Mayor ATTEST; Clerk r The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same whereupon said resolution was declared duly passed and adopted. j 1 MEMORANDUM TO: Gerald Splinter, City Manager FROM: James Lindsay, Chief of Police DATE December 16, 1982 SUBJECT: Purchase of New Squad Cars In the 1983 Budget as approved, it is proposed that the Police De- partment would replace four (4) of the uniformed, marked patrol units in 1983 because of high mileage which has rendered them Less re liable than is deemed advisable for units which are in service 24 hours a day, seven (7) days a week. The newest and most reliable uniformed squads are currently averaging over 5,000 miles per month, while those higher mileage, older vehicles, are averaging approxi- mately 3,000 miles per month. As you will note on the attached chart, the uniformed squads being recommended for removal from emergency are: Squad #302, which cur - rently has approximately 85,000 miles; Squad #304, which currently has approximately 78,000 miles; Squad #307, which currently has ap- proximately 92,000 miles; and Squad #312, which currently has approxi- mately 106,000 miles. As squads become 'higher in mileage and less reliable., the officers have a tendency to use the units less and go to the more reliable, lower mileage, newer vehicles whenever possible.' This creates a heavier burden on the newer vehicles which accelerates, their mileage; and their slow reduction in reliability. The total mileage driven by the Police Department in any given year has remained fairly constant and, as can be seen on the chart, it would create an entire fleet of high mileage vehicles by March of 1984 if these vehicles were not, in fact, replaced in March of 1983. It is felt that if any of the four (4) vehicles are not recommended for replacement in March of 1983, that it will create a further hard- ship and burden on the 1984 Budget when we have the end result of needing even more squads replaced because of accelerated high mile - age and _loss of reliability. Year Squad # December 1, 1 982 March,1984 1981 300 Patrol 50,921 101,00`0 1981 302 Canine ` * 87,880 101,000 1981 304 Patrol * 78,051 99,000 1982 306 Patrol 40,937 122,000 1981 307 Patrol *•92,294 122,000 1982 311 Patrol 34,319 101,000. 1980 312 C.E.O. *106,440 141,000 1982 315 Patrol 37,660 127,000 *Recommended for Replacement CITY OF BROOKLYN CENTER 1983 EMPLOYEE AND CLASSIFICATION PLAN CHANGES TO 1982 PLAN �MYYY�►.►a iww. Yr4--- ------ ------ - r. wr ww�iY. irFYY .i.YWW.Y.YYyrY.Y.4Y.Yi.YW► i 1 Authorizes Administrative Aid in the Police Department. 2: Eliminates Clerk IV position in Police Department. 3. Authorizes additional Captain in the Police Department. 4. Eliminates two Patrol Officer positions in the Police Department. 5. Schedule B, Executive Plan Schedule: Performance Range Minimum was raised from 95% to 96% of Midpoint, Merit Range Minimum was raised from 105% to ,106% of Midpoint, and entire schedule was increased by 6 %. 6. Schedule C, Supervisory - Professional Schedule, was increased by 6 %. 7. Schedule D, Technical - Clerical Schedule, was increased by 6%. 8. Clerk V position Maximum Range was increased from.T16C to T18C. 9. Clerk IV position Maximum Range wa incressd` from T12C to T14C. 10. Schedule E, Police Officer Schedule, rates remained at 1982 level. 11. Schedule F, Police Sergeant Schedule, rates remained at 1982 level. ti 12. Schedule G, Police Clerk Dispatcher Schedule, was increased by 6 %. t 13 • Schedule H, Local No. 49 Schedule, rates remained at 1982 level. 14:. Schedule I, ;Liquor Stores PJT Schedule, was increased'by 6 %:` 15. Schedule J, Employee Benefits Schedule, was changed to reflect a $20 per month insurance contribution for non - organized employees. All other employee groups remained at 1982 level. 16. Schedule K, Executive Positions 1983.Salary, Maximums, _was increased by 6% 17. Schedule L, City Manager's Compensation Agreement, was changed to reflect 6% salary increase increase of vacation from three weeks per annum to four weeks per annum; and changed severance pay in event of voluntary resignation basis from unpaid accrued vacation leave to severance based on that spelled out in Personnel Ordinance for other City employees. CITY OF BROOKLYN CENTER 1933 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE K EXECUTIVE POSITIONS 1983 MAXIMU1 SALARIES ESTABLISHED EXECUTIVE POSITIONS __ -------------- --_ - -_ - -_ -- 1983 SALARY MAXIMUMS MAXIMUM 1982 ANNUAL SALARIES SET BY THE CITY COUNCIL IN ACCORDANCE WITH PROVISIONS CONTAINED IN SCHEDULE 3, EXECUTIVE PLAN SALARY 'SETTING AUTHORITY: POSITION MAXIMUM ANNUAL SALARY City Manager S31y� Director of Public Works 477 42 Director of-Finance/,City Treasurer 44 Chief of Police 4 3238 Director of Parks and Recreation 38974 City Assessor 36952 Director of Planning and Inspection 36952 Liquor Stores Manager 32957 NOTE: THIS SCHEDULE`IS REVISED TO SHOW CITY MANAGER'S SALARY AT PERFORMANCE RANGE MINIMUM -- ------------- a _ — -------------- -- --------- -------- ..- ----- -- AND ALL OTHER POSITIONS AT PERFORMANCE RANGE MAXIMUM. ...�- ----------- -- ----------- - - - - -- _ - -14- Member introduced the following resolution and moved 'ts adoption: RESOLUTION NO. RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, ` AFL -CIO AND THE CITY OF BROOKLYN CENTER WHEREAS, the Public Employment Labor Relations Act of 1971, as amended thereafter„ requires a' written contract between the employer and the exclusive representative of a recognized bargaining unit; and WHEREAS, the International Union of Operating Engineers,` Local No 49, AFL -CIO has been designated as the exclusive representative for the Brooklyn Center Public Works employees bargaining unit; and WHEREAS, the membership of Local No. 49 and the City Manager have agreed upon a negotiated Master Labor Agreement between the Metropolitan Area Management Association (MAMA),,representing the Cities of Blaine, Brooklyn Center, Brooklyn, Park, Burnsville, Circle Pines, Columbia Heights, Cottage Grove, Crystal, Eden Prairie, Edina, Fridley, Golden Valley, Hopkins, Minnetonka, Mounds View, New Hope, Oakdale, Richfield, Robbinsdale, Roseville, St. Anthony, St. Louis Park, and White Bear Lake and the International Union of Operating Engineers, Local No. 49, AFL -CIO; and WHEREAS, the agreement includes the following terms-and conditions of employment: 1. LENGTH OF CONTRACT. LO The agreement shall cover the period from January 1, 1983 through December 31, 1984. 2. WAGE RATES A. The following wage schedule will be in effect from the first payroll period in 1983 through the last payroll period in 1983: Heavy Equipment Operator - $10.70 per hour Light Equipment Operator - $10.25 per hour B. New employees will start at a wage rate equal to 90% of the I contract rate for the job classification into which the employee is hired for the employee's first year. This sate will increase to 95% of the contract rate for the employee's second year, and move to the contract rate for the employee's third year of employment. 3.' INSURANCE. The City will contribute up to a maximum of $125 per month per employee for rou h including dependent ealth and hfe insurance ncl group 5 coverage. WHEREAS, the City Manager recommends employer approval of the agreement: SOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of- Brooklyn Center to authorize the Mayor and City Manager to execute the 1983- 1984.Master Labor Agreement between the Metropolitan Area Management Association representing the afore- mentioned cities, including the City of Brooklyn Center, and the International Union of operating Engineers, Local No. 49 AFL -CIO, and dated December 16, 1982.. Date Mayor - I ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the 'following resolution and moved,. its adoption: RESOLUTION NO. x RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO 49, AFL -CIO AND,THE CITY OF BROOKLYN CENTER WHEREAS, the Public Employment Labor Relations.Act of 1971, as amended thereafter, requires a written contract between the employer and the exclusive representative of a recognized bargaining unit ;_ and WHEREAS, the International Union of Operating Engineers, Local No. 49, AFL -CIO has been designated as the exclusive representative for the Brooklyn Center Public Works employees bargaining unit; and WHEREAS, the membership of Local No. 49 and the City Manager have agreed upon a negotiated Master Labor Agreement between the Metropolitan Area Management Association (MAMA), representing the Cities of Blaine, Brooklyn Center, Brooklyn Park, Burnsville, Circle Pines, Columbia Heights, Cottage Grove, Crystal, Eden Prairie, Edina, Fridley, Golden Valley, Hopkins, Minnetonka, Mounds View, New Hope, Oakdale, Richfield,`Robbinsdale, Roseville, St. Anthony, St. Louis Park, and White Bear Lake and the International Union of Operating Engineers, Local No. 49, AFL -CIO; and WHEREAS, the agreement includes the following terms and conditions of employment: 1. LENGTH OF CONTRACT The agreement shall .cover the period from January 1, 1983 through December 31, 1984. 2. WAGE RATES A. The following wage schedule will be in effect from the first payroll period in 1983 through the last payroll period in 1983: Heavy Equipment Operator - $10.70 per hour Light Equipment Operator $10.25 per hour B. New employees will start at a wage rate equal to 90% of the contract rate for the job classification into which the employee is hired for the employee's first year. This rate will increase to 95% the contract rate for the employee's second year, and -move to the contract rate for the employee's third year of employment. 3. INSURANCE. The City will contribute up to a maximum of $125 per month per employee for group health and life insurance, including dependent coverage. WHEREAS, the City Manager recommends 'employer approval of the agreement: ) z 'SOLUTION NO NOW, THEREFORE, BE IT RESOLVED by the City Council of -the City of Brooklyn, Center to authorize the Mayor and City Manager to execute the 1983 -1984 Master Labor Agreement between the Metropolitan Area Management Association representing the afore- mentioned cities, including the City of Brooklyn Center, and the International Union of Operating Engineers, Local No. 49 AFL -CIO, and dated December 16, 1982. Date Mayor ATTEST: 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. f Member introduced the following resolution and moved -�� its adoption: RESOLUTION N0. RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1983 _ ... u. r... r. w..... r----. r. rr.. r. r... ur - r. rrr. r�.... �. �r.. �. w.... rw�. rr...... r. i. r.+ .r+rrr....rr...�.r.r.+..rr.r.r WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City Council has considered salaries and wages for the calendar year 1983 and has reviewed the 1983 Employee Position and Classification Plan; and WHEREAS, the 1983 Employee Position and Classification Plan establishes that pay increases will be awarded on a pay for performance basis; and WHEREAS, the structure of the 1983 Employee Position and Classification Plan provides for pay increases awarded for improvements in job performance; and WHEREAS', an individual employee's movement through his or her respective pay schedule reflects a progression in corresponding levels or improved job performance: NOW, THEREFORE, BE IT RESOLVED that the City Council hereby sets wages and salaries for the calendar year 1983 by adoption of the attached Position and Classification Plan (Schedules -A through L) for the calendar year 1983 which sets ranges and maximums which the City Manager shall be authorized to pay in classified positions; and BE IT FURTHER RESOLVED that the City Manager be authorized to employ such temporary part -time and temporary full -time employees as may be necessary, and to establish competitive rates of pay for such help consistent with the 1983 budget appropriations; and BE IT FURTHER RESOLVED that authorized wage adjustments, not to exceed the maximums contained herein, shall become effective January 1, '1983; an d BE IT FURTHER RESOLVED that the City Council, in recognition that labor contract provisions are not as yet settled with the bargaining units represented by L.E.L.S. Locals No. 82 and No. 89, extends 1982 wage and salary rates for related job.classifications in the Police Department. Date Mayor ,.. ATTEST: 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. M & C No. 82-9 December 17., 1982 FROM THE OFFICE OF THE CITY. MANAGER CITY OF BROOKLYN CENTER Subject: 1983 Wage and Fringe Benefit Recommendations To the Honorable Mayor and City Council: Enclosed in your agenda materials you will find a Proposed 1983 Employee Position Classification Plan. As you will recall, this Classification Plan is the method by which the Council adopts salaries and fringe benefits for nonunionized employees of the City of Brooklyn Center. In front of this document is.a resolution setting wages and salaries for the calendar year 1983. Also enclosed is the League of Minnesota Cities Stanton Salary Survey. We have reviewed various compensation levels for the employees -of the City of Brooklyn Center and we are recommending an overall increase in the salary plan of 6 %. We are also recommending an increase in the employer contribution to health insurance of $20. This recommendation is identical to what virtually all of the suburban metropolitan area cities are doing in the area of wages and salaries for nonorganized employees. It' also represents a virtual parallel to our agreements with the organized City employees. You will also be considering as a separate part of this agenda, a recommendation to approve a settlement agreement with Local 49, which increases wages for that group by 5.5% and $20 on the medical insurance package. The other organized group of employees is the police department. While those negotiations are still in process,, it appears-that a settlement for the dollars involved will be 6% and $20 on the medical insurance package also. Currently, we are negotiating out the language issues in the contract and it appears that 6% and $20 will be the money settlement.- The Council, I am sure, is aware that the recent State actions will result in 'a 2%n pay cut for public employees through PERA pension deduction. At the end of the Proposed 1983 Employee Position Classification Plan is a page which contains a listing of changes from the 1982 Plana Most of these changes are in recognition of the-Council's previous action in the 1983 Budget. However, items 8'and 9 which are extensions of salary ranges for two clerical classifications, represent our efforts to equalize compensation between positions traditionally held by female employees and other positions traditionally held by male employees. In recent years these clerical positions in our organization have received and are receiving more responsibility. In an - effort to eliminate possible sexual biases that may exist in our compensation Plan, 4 I am recommending the aforementioned adjustments in the Position and Classification Plan. Respect ul submit ed; Ger hd "t Minter City Ma er CITY OF BROOKLYN CENTER n DEPARTM Cif Y 0 F :9 1" 0 Oq L Y l FINA z E N TER MEMORANDUM. TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: December 17, 1982 SUBJECT: Resolutions Amending the 1982 and 1983 General Fund Budget I have attached copies of five resolutions which amend the 1982 General Fund Budget. The first rst r sol 'o e uti n is the annual ear end resolution which appropriates Y . funds to those departmental budgets which will otherwise exceed their budgeted appropriations. The next resolution appropriates funds to Recreation Programs to authorize expenditure of funds received from the City of Brooklyn Park in our joint music community project (Band, Harmonettes, and Children's Chorus)- The last three resolutions authorize the carry- forward of certain unexpended appropriations from the 1982 Budget to the 1983- Budget -and are.self- explanatory.; I have also attached memos department heads to give additional information on the last two resolutions. Respectfully submitted, PWH :pk fc SaHectlrcK;� >t aze 62iry "KS-AND "'CRE FAR \5 G301 : i .ncjlc_ Crec.k _Parkway I3r(�C��:1 'It Center, Mlinncsota _55430 a Telephone 561-5448. TO G. G. Splinter FROM Gene Fla-el DATE N .cn2ber 1 I98? SUBJECT: Etzd,ct Adjustment for Tennis Court Repair The 1982 Park D-- part,ent Budget comprehended repair of tennis courts at Northport Park and repair and sealcoating • of basketball courts at Bellvue, Kylattin, Grandview,. and Lions Park. The sure of $5-,000 was appropriated for the work jtiork the Northport tennis courts was completed. How- ever, due to other project priorities, availability of z :. *E'rla iS, ei weather Cv �d t1oI1S, the 'repairs cannot be. completed at the basketball courts . this year. The repairs are needed, and to prevent further deterioration the work will be undertaken as soon as possible in Spring, 1983. The current balance in this account, ( #4228, Division 69), is $2,553.00 which is our estimate for the work. I am therefore requesting- -shat action be taken to appropriate this amount to the 1983 Park Maintenance Budget_.so the nec- essary repairs can be completed as originally planned. cc; Paul Flolmlund ' TO: Paul P.olmlund, Director of Finance FROM: Jim Lindsay, Chief of Polfc DATE: 12 -07 -82 SUBJECT: Funding for conversion of Civil Defense sirens to radio tone activation. I I� Cork- Stevenson, Assistant Director of Hennepin County's Emergency F PreL-arednes•s Div s on, has in me that the radio tone con-. version project for all Civil Defense sirens is progressing. r However at least two potential vendors are intending to intro- .. duce new, improved, l ess ex ^ensive equipment shortly after the new year. ('See attached letter.) T herefor @, in -order to realize the benefits of these technological improvements, we will have to extend the City's enca: brance of funds for this project in 1983. I recommend we do this, as the project will be quite beneficial to the City in terms of both. .cost and effectiveness. z. &- ��} f. • "y ( ' C _ r „e, �Rts:�� k f }r • �. � U V / I 1 .l 1 tDREP /\RtDtNE 3 )� in G �/ c uay r 4�,• "i� n v.11 i ' /(� Mi 1 n r� IL�sota .5 November 29, 1982 Mr. James Lindsay, Director Brooklyn Center ',ivil Def 6301 Shingle; Creek Parkway Brooklyn; Center, Minnesota 55430 Dear Jim; We provide the following information regarding the proposed conversion of the ;':etro Siren -?ell and Light System in Hennepin County, from: tele�:r�:ie circuit to r-= torte activation. It is planned to release bid specifications for the proposed conversion in January, 1983. County Communications reports that at least two potential vendors have stated their com.pany's intentions to introduce new and improved equip - ment shortly after the new year. Also, we are gathering additional' information such as type; of .electric power available at each of the 156 current siren - sites. This information must be included in the bid specifications if we are to obtain the lowest possible cost. Vie hope t,1is gives you a clear picture of the current status- and immed iate future course of the project. Sincerely, f Charl N.Y_�tevenson Assistant Director CNS;rec EN ! COUNTY on equoi opportudly employer Member introduced the following resolution and moved its adoption: � RESdI,tITIOtd ^IO. soy RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET 1� WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council,; and WHEREAS, Section 7.08 of the City Charter does also provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates: NOW,, THEREFORE, BE IT RESOLVED by the City. Council of the City of Brooklyn Center to amend the 1982 General Fund Budget as follows': 1. Transfer $49,000 from the Contingency Appropriation (Account No. 01- 4995 - 000 -80) to the following departmental appropriation in the amounts shown: Legal Counsel (Dept. No. 18) $ 46,000 Health Regulation and Inspection (Dept. No.- 51) 3,000 2. Increase the appropriations for the following departments in the amount listed for the reason that the actual receipts from the activity exceed the budget revenue estimate by at least the amount of the appropriation increase: Parks and Recreation General Programs (Dept. No._ 65) $ 4,000 Date Mayor ATTESTS 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. rie =nkc;- intruuduced the following resolution and moved its adoption: : RESOLUTION NO. s RESrILUTICJN AMEPJI)IN" THE 1982 GENEP.AL. FUND BUDGET WHEREAS, on February 22, 1982, the City Council amended the 1982 General Fund Budget to decrease certain departmental appropriations because of the reduction of State shared revenues; and WHEREAS, the City Band, Harmonettes, and Children Chorus Recreation Programs shared in the budget reductions; and WHEREAS, subsequent to those reductions, these programs are now co- sponsored -as a,joint community effort by the City.of Brooklyn Park; and WHEREAS, the City of Brooklyn Park's participation - in,these programs for the third quarter of this budget year is $1,,140; and WHEREAS, Section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1982.General Fund Budget to increase the following" Recreation Program appropriations in the amount listed: Parks and Recreation - Adult Programs $ 390.00 Children's Programs 750.00 $1,140.00 Date Mayor I - ATTEST: 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. ?- M m,be° introduced .. the following resolution and moved its. adoption: RESOLUTION NO.� n RE a�1T t1'PI' Ft AMENDING THE 1982 AND 1983 GENERAL FUND BUDGETS Vii• - WHEREAS, the 1982 General Fund Budget appropriated funds for the purchase; of Point of Sales Terminals (cash registers) in the City Clerk's Office and the Community Center, and WHEREAS, the analysis of.point of sales terminals currently available will -not be completed by the City Staff during the current budget year; and WHEREAS, the need for the terminals does still exist; and WHEREAS, Section 7.08 of the Brooklyn Center City Charter authorizes the City Council to appropriate funds from accumulated surplus in an amount equal to 'a previous appropriation in the General Fund Budget, if not in fact expended or encumbered for ,that purpose in the previous fiscal year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to amend the 1983 General Fund Budget to appropriate' $5,000 to the City Manager's' Office (Division No. 13), Office Furnishing and Equipment. Account No. 4551, and $4,800 to the Recreation and Parks Administration (Division No. 61) Office Furnishing and Equipment Account'No. 4551 from the General Fund Balance to purchase said Point of Sales Terminals in 1983; and BE IT FURTHER RESOLVED to amend the 1982 General Fund Budget to ; decrease the appropriations for said purchases by the same amount. Date Mayor ATTEST: 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. Melyd3t -'t- introduced the following ,resolution and moved its adoption: RESOLUTION NO. RES AMENDTNG THE 1982 AND 1983 GENERAL FUND BUDGETS WHEREAS, the 1982 General Fund Budget appropriated funds for repairs at the Northport Park tennis courts and the Bellvue, Kylawn, Grandview, and Lions parks basketball courts and WHEREAS, repairs at Northport Park`havebeen completed, but due to other project priorities, repairs cannot be completed at the ;basketball courts during the current budget year; and WHEREAS, the basketball; court repairs are needed to prevent further deterioration of the courts;.and WHEREAS, Section ?.08 of the Brooklyn Center City Charter authorizes the City Council to 'appropriate funds from accumulated surplus in an amount equal to a previous appropriation in the General Fund Budget, if not in fact expended or encumbered for that purpose in the previous fiscal year. NOW,' THEREFORE, BE IT RESOLVED by the City Council of the -City of Brooklyn,Center, Minnesota to amend the 1983 General Fund Budget to appropriate $2,550 to the Parks Maintenance (Division No. 69), Parks Court Repairs Account No. 4228, from the General Fund Balance,to complete said repairs: in 1983; and BE IT FURTHER RESCLVED to amend the 1982 General Fund Budget to decrease the appropriation for said repairs by the same amount. Date Mayor ATTEST: Clerk ' y 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. m A Menrc'er inr.rodur.eci the following resolution and moved its < adoption:, RESOLUTION NO. RFS0LUTTO a r M-.r 3L 1NG THE 1982 AND 1983 GENf',PA : FUND BUDGE'T'S L•/� '0 j WHEREAS, on August 9, 1982, the City Council amended the 1982 General. k Fund Budget ( Resolution No. 82 -154) to appropriate funds for Brooklyn Center's participation with the Hennepin County Department of Emergency Preparedness < in a radio activated civil defense siren system and - WHEREAS, the Hennepin County Department of Emergency Preparedness has informed the City that new, improved, and less .expensive equipment will be avail - able some after the end of this budget year; and WHEREAS, Section 7.08 of the Brooklyn Center City Charter authorizes the ,City ;Council to appropriate funds from accumulated surplus in an amount equal to a previous appropriation in the General Fund Budget, if not in fact expended or encumbered for that purpose in the previous fiscal year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to amend the 1983 General Fund Budget to appropriate $12,000 to the Emergency Preparedness (Division No. 34), Other Equipment Account No. 4552, from the General Fund Balance to purchase said system in 1983; and BE IT FURTHER RESOLVED to amend the 1982 General Fund Budget to decrease the appropriation for said purchase by the same amount. t Date Mayor ATTEST: 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. 3 j rr a a con�1 moved i t s c1c.,�iopt 4 oT1: V 5 RESOLUTION NO. RESOLUTION ADOPTING A COMPREHENSIVE PLAN FOR CITY OF D7?T7 KLYTN CE74= t WHEREAS, the fietropolitan Land Planning Act requires local governmental units to prepare comprehensive plans and submit them to the Metropolitan Council for review; and WHEREAS, this plan entitled the Brooklyn Center Comprehensive Plan, represents the response of the City of Brooklyn Center to the requirements of the Metropolitan Land Planning Act; and WHEREAS this plan was recd mended by the Brooklyn Center Planning Commission on January 10, 1980 following numerous public hearings with required legal notice; and WHEREAS, this plan was sent to the Cities of Crystal, Robbi.nsdale, Brooklyn Park, Fridley and Minneapolis, the .Brooklyn Center, Anoka-Hennepin,_ Osseo and Robbinsdale School Districts; and Hennepin County for review and comment. on February 4, 1980 ; and WHEREAS, this :plan was considered and accepted, but not adopted, by the Brooklyn Center Council on July 21, 1980; and WHEREAS, seven copies of the plan were sent to the Metropolitan Council for review on August 28, 1980; and WHEREAS, the Metropolitan Council staff detennined that more information was needed to complete its review and, therefore, suspended its review rn October 1, 1980; and WHEREAS,, the additional information was 'supplied by City staff by September 15, 1981 and the Metropolitan Council staff resumed its review; and WHEREAS; upon completion of its staff review, the Metropolitan Council. accepted the 'Brooklyn Centex Comprehensive Plan by adopting Resolution No. 81 -245. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn. _ Center that: The Brooklyn Center Comprehensive Plan, along with those attachments a submitted to the MetropolitanlCouncil, is hereby adopted and shall serve as the binding policy: of the City in all land use proceedings, unless duly amended in accordance with the 'procedures outlined in State law and City ordinance. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by membe , 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. Y tuber introduced the following] resolution and moved f its adoption: RESOLUTION ION NO . SOI UTION AMPTING T= BRO0nYN MNTLR C1 AREAS PLAN WHEREAS, the City Council on January 22, 1979 approved a proposed Critical Areas Plan in accordance with the Minnesota Critical Areas Act and Executive Order No. 130 by the Governor of the State of Minnesota and WHEREAS, certain revisions to the proposed Critical Areas Plan suggested by Metropolitan Council staff were accepted by the City Council on July 23, 1979 under Council Resolution No. 79- 165; and WHEREAS, the Brooklyn Center Critical Areas Plan was recamiended by the Metropolitan Council Physical Development Caanittee to the Environmental Quality Board which approved the aforesaid Plan on February 21, 1980; and 6%MREAS, the approved Critical Areas Plan is consistent with the newly adopted Brooklyn Center Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of B C that the Brooklyn Center Critical Areas Plan, along with those revisions accepted in Council Resolution No. 79 -165, is hereby adopted and shall serve as the City's Land Use Policy within the Critical Area defined by the Governorb Executive order No. 130. Date Mayor ATTEST: Clerk The motion for -the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof; and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I M URANDUM TO: Gerald G. Splinter, City Manager FWM: Ronald A. Warren. Director of Planning and Inspection E : � 1 1 DAM: D� 6, . 98 2 SUBJECT: Resolutions Adopting a Comprehensive. Plan and a Critical. Areas Plan for the City TWo resolutions have been drafted for the December 20, 1982 City Council meeting which would officially adopt a new Comprehensive Plan and the ,Critical Areas Plan for the City of Brooklyn Center, CIONIPREHEISIVE PLAN On December 17, 1981 the Metropolitan Council adopted Resolution No. 81 -245 completing its review of the Brooklyn Center Comprehensive Plan and indicating that the Plan is in conformity with Metropolitan System Plans, compatible with local Comprehensive Plans and School Capital In�firovement Programs and consistent' with other adopted Chapters of the Metropolitan Development Guide (see attached copies of Metropolitan Council Resolution No, 81 -245 and letter from Charles weaver dated 12- 30-81) The City Council had forwarded the Comprehensive Plan to the Metropolitan Council in July, 1980 following its review. Review by the Metropolitan. Council was suspended later that year pending their - request for additional submissions. Most of the matters. requested were of an informational nature, however, some policy related matters were requested as well. Attached are copies of the additional submissions which are recommended for inclusion with the Comprehensive Plan. Many are statistical inform - ational items, projections, and such matters as inter -city sanitary sewer agreemnts,, acknowledgements of already existing ordinances and policies, and revised sewage flow projections. Perhaps the most significant addition was a more detailed review of the Crystal Airport. The Comprehensive Plan originally submitted contained an already established policy encouraging the eventual complete phase -out and relocation of the existing Crystal Airport. That policy was the only mariner the Crystal Airport was addressed in the ariginally'submitted Comprehensive Plan. The revision attached provides the inormation required equired by the Metropolitan Council as well as .acknowledgement of the various safe zones a f - � livable regulations. The l o the re safety PP egul policy City the Crystal Airport in the revised submission would not, _however, change. The policy indicates that the City will operate effectively as a member of the joint Airport Zoning Board and accept the responsibilities delegated by that Board. The Policy goes on to state that it is still the intent of the City of Brooklyn Center to seek an amendment to the Metropolitan Aviation System Plan calling for the eventual phase -out of this airport. The resolution before the City Council which would adopt the Comprehensive Plan makes reference to the various attachments and, in my opinion, does not significantly alter the Plana It should be noted that the Qxrprehensive Plan was to be adopted within nine months ft]lowing the Metro Council's acceptance. This has been delayed scam d at due to a couple of factors. First of all, during 1982, two rezoning requests were before the Planning Commission and City Council that potentially had the effect of amending the Comprehensive Plan as it was submitted.. One rezoning, the Bergstrom application (.Application No. 82008) dial result in an amernt, changing the land use designation { Mmm to Gerald Splinter, 'City Manager Page 2; aL December 16, 1982 of the land west of the Humboldt Square shopping Center and south of 69th Avenue from Single -Family Residential to Mid - Density Residential. That amendment was accomplished in City Council Resolution No. 82 -72 and was acknowledged by the Metropolitan Council as having no in -pact upon any of the Metropolitan System Plans. Another rezoning was ;the Hussman proposal to rezone property lying southerly; of 70th Avenue North from Rl to R3 (Application No. 82020). A denial of this request would have required an amendment to the Comprehensive Plan Land Use Revisions Map. This matter was resolved during the late summer and the rezoning was authorized thus requiring no amendment to the Plan. Another matter which has caused some delay in bringing the Comprehensive Plan to the City Council for adoption was a request by the Council to see if the Critical Area boundary south of Interstate 694 could be moved easterly to the centerline of Inter - • state 94. We made such a request to the Environmental Quality Board and the Metro - politan Council They acknowledged that it would have no impact on our Critical Area Plan, but were very concerned that an adverse precedent would be established upon the entire Critical Area boundary deed by Executive Order if our request was honored and, therefore, they declined to consider it. It should be noted that much of the area within the Critical Area lying west of the freeway is not affected by the regulations proposed for the Critical Area which relates mainly to the Mississippi River bank. The revisions to the Comprehensive Plan mentioned above were reviewed and accepted by the Planning Commission on August 26, 1982. The Comprehensive Plan with the attached amendments is, therefore, recmynended for City Council consideration and adoption. CRITICAL AREAS PLAN The Critical Areas Plan was reviewed, by the City Council in January, 1979 following public hearings and review and nations by the Planning Commission in 1978. The City Council on January 22, 1979 approved the Plan for submission to the Environ- mental Quality Board and Metropolitan Council. Upon review of this Plan by the agencies, certain revisions were requested and the City Council adopted Resolution No. 79 -165 approving various revisions to the Plan (copy attached). On February 21, 1980 the Environmental Quality Board approved the Critical Area Plan noting the procedures.established by statutes, rules and guidelines had been camel ed with and the City's Plan was consistent with the Executive Order designating the Critical Area. The Plan and regulations were to be adopted within 45 days following EQB approval. Through some admitted oversight and also confusion, the Critical Area Plan was not brought to the City Council for formal approval. .It was my mistaken understanding that the Critical Area Plan was effective once EQB had approved it and that specific regulations would have to be adopted through an ordinance. However, for the Pian to be effective, it must also be formally adopted by the City council. Our intent was to handle both the Critical Area Plan and the Comprehensive Plan a14=vals concurrently. I have previously explained the delays *in bringing the Comprehensive Plan to the City Council for consideration which have also affected consideration of the Critical Area Plan.. Memo,.to Gerald Splinter, City Manager Page 3 December 16, 1982 There are no other changes nor reoomnended changes to the Critical Area Plan since the adoption of Resolution, No. 79- .-.165 by the City Council. It should be noted that a Flood Plain Ordinance has been adopted by the City Council and that a f inal Critical Area Overlay Ordinance, based on the model contained in the Plan, will be finalized and brought to the City Council for adoption following review and a rea mlendation frcan the Planning C mdss on. It is recommended that the City Council give favorable consideration to the resolution adopting the Critical. Areas Plan so that this Plan may be formally approved. mlg METROPOLIi'AN COUNCIL Suite 300 Metro Square Building, Saint Paul, Minnesota... 55101 RESOLUTION NO, 81.245 RESOLUTION ADOPTING COUNCIL FINDINGS FOR REVIEW OF THE CITY OF BROOKLYN CENTER COMPREHENSIVE PLAN WHEREAS, the Metropolitan Council 'is authorized, pursuant to Minnesota Statutes Section 473.145 °, to prepare and adopt a, comprehensive development guide for the Metropolitan Area and the Council has adopted such a development guide; and WHEREAS, the Metropolitan Council is authorized,; pursuant to Minnesota Statutes, Section 473.175 -and 473.851 through 473:866, the Metropolitan Land Planning Act, to review the comprehensive plans of local govenmental units to determine their compatibility with each other, conformity with metropolitan system plans, and apparent consistency with the adopted chapters of the Metropolitan Development Guide and WHEREAS, the City of Brooklyn Center has submitted its comprehensive plan to the Metropolitan Council for review pursuant to Minnesota Statutes, Section 473.175; and WHEREAS, the Metropolitan Council has studied and reviewed the Brooklyn Center Comprehensive Plan and has determined whether the Plan is in conformity with the metropolitan system plans; compatible with local comprehensive plans and school capital improvement programs, and apparently consistent with other adopted chapters.of the Metropolitan Development Guide: NOW, THEREFORE, BE IT RESOLVED: THAT the Metropolitan Council adopt the attached Brooklyn Center Comprehensive Plan review report, Referral < Report No. 81 -225, and the recommendations found on ;page 15 of the report, as its review of the Brooklyn Center .Comprehensive Plan pursuant.ta Minnesota Statutes, Section 473.175. f Adopted this lath day of December 1981. METROPOLITAN COUNCIL By Charles R. Weaver, EugVp E.'Franc ett, Chairman Ex tive Secretary IYI December ''30, 1981 , fxY -CVT 300 Metro Square building Gerald Splinter, Manager Saint Paul, Minnesota 55101 City of Brooklyn Center Telephone 622 /291 -6359 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: City of Brooklyn Center Comprehensive Plan Review Metro 011 Council Referral File No. 8989 -2 Dear Mr. p me At its mee ing on December 17 1981, the Metropolitan Council considered the Brooklyn Center Comprehensive Plan. This consideration was 'based on a report of the Physical Development Committee, `Referral Report No. 81 -225. A_ copy >of this report, which was adopted as presented, is attached. The Council adopted Resolution No. 81 -245 which provides for adoption of this report and the recommendations contained on page 1`5 of the report. These recommendations are as follows: That the City of Brooklyn Center be advised that: A. This report constitutes the Metropolitan Council's official review required under the Metropolitan Land Planning Act. B. No Plan modifications are required as authorized in Minnesota Statutes Sec. 473.175, Subd. 1. C C. The Plan relates to metropolitan system plans as follows: 1. The Plan is in conformity with metropolitan system plans for transportation, and Regional Recreation Open Space. 2. The Plan is generally in conformity with metropolitan system plans for Sewers. Brooklyn Center should use 3.67 mgd as their .1990 sewage flow on an interim basis until all sewage flows are reviewed at the next Water Quality Management-Plan revision. 3. The Plan is in conformity with current metropolitan system plans for airports. The City of Brooklyn Center should be advised that the Council will evaluate the City's policies for phase -out of the Crystal Airport in its revision of the Metropolitan Aviation Systems Plan which ,is scheduled to begin -in 1982. An Agency Created to Coordinate the Plaxtning and nevelopniant of the Twin Cities Metropolitan Area Comprising: Anoka County !7 Carver County, ,, Ditko ti Count,y - Hennepin County u' Ratusey County c' Scott County: Washington, County Gerald Splinter, Manager City of Brooklyn Center v cav;" December 30, 19 81 Page Two 300 Metro Square Building Saint Paul. Minnesota 55101 Telephone 612/291 -6359 D. The Plan appears compatible with the plans of-adjacent government; units and affected school districts. E. The Plan is consistent with the Development Framework, Investment Framework,' Protection Open Space, Housing and Solid Waste chapters of the Metropolitan Development Guide. To improve its Plan, the City may wish to include in its CIP an estimated debt service schedule of its proposed debt. The City is requested to notify the Metropolitan Council when amending its CIP. The Land Planning Act requires that the City of Brooklyn .Center adopt its Comprehensive - Plan - within nine months of the completion of the Metropolitan Council's review of the Plan. The Council should be formally advised when such action has occurred. If there are substantial changes made in the Plan before adoption, please note these when you notify the Council of the Plan's adoption. Sincerely, METROPOLITAN COUNCIL Charles R. Weaver Chairman CRWsbm Attachment cc: Ronald A. Warren, Dir. of Ping. & Insp., City of Brooklyn Center Affected School Districts Adjacent Communities Hennepin and Anoka Counties Ray Odde, Metropolitan Waste Control Commission Fred,Tanzer, Regional Coordinator, Mn /DOT Mary Youle, CPD Representative, HUD Florence Myslajek, Metropolitan Council Staff An Agency Created to Coordinate tht- Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County o Carver County o TJtd%ot a. County lienTiel)in County ; Ratn -,, =y County v Scott County o Washington County t August-13, 1981 sir. CZarles iTpav€: r, Chairman ' 'trt 3 1 ? t :1 CoL.1dil 300 tlatro Square uuilrling St. Paul, ' ik4 55101 Dear Nr. 4eave;r, Please find enclosed those revisions and additions to the ? Brooklyn Center Comprehensive Plan requested by l-ietro Council :staff. This includes the following items Public Utilities - .Projection of ne w SAC units and sanitary serer f. ow 1181 t2roug.11 '1985 and 1990. A compilation of inter -•city sanitary sewer service agreements. A policy statement regarding existing- and' future use of on -:site sewage systems in Brooklyn Center. An enlarged rasp of tie City's sanitary sewer system showing capacity of existing and future sanitary seater lines. Airports .A description of the airspace zones affecti.ii = Brooklyn Center development. .A description of the existing conditions of the Crystal T irport. .A policy statement regarding the enforcement of Airport zoning regulations and the- eventual . ,:phase • out of the Crystal- Airport. 0. Environmental Policies relating to - .Wetlands and significant vegetation. . Flood plains. .Erosion .Unstable soils. .Historic and environmental resources. .Solid waste collection. Also, Table 12 pertaining to Traffic Assicmment Zones and Travel Demand, has been revised as per the suggest ons of Petro Council. errz Y I hope you and your :staff find these revisions sufficient to meet the letter and t.aW i,lxtant of Coe :4etropolit a Land Planning Act so t:iat Corr.)r. llsive Plan review process nay finally go forvard toti;i�71 I you have. any fort -43er questions or co m.. eats, please contact me. Sind rely Director of .Planning and Inspections RA51 /lm Enclosures 5 YR., 10 YR. S.A. ROJECTION TABLE Year Residential Office Retai Restaurant, etc Industrial Other 1981 110 units 175;000 sq. ft. 70,000 sq, ft. 1050 seats + Theater 170,000 sq. ft. 5 stall gar. 98 tnhs., high rise, 2045 seats I -1 (Car X) 12 s/f 20,000 sq. ft. off. portion in I -1 4O3 110 81 23 163 24 2� 1982 100 units 190,000 sq. ft. 84,000 sq. ft. 600 seats + 235,000 sq.. ft. 90 tnhs.' high rise, 400 unit motel I -1 10 s/ f 25,000 sq ft 65,000 sq. reg. 559 .100 117 28 275 34 5 1983 420 units 115,000 sq. ft. 50,000 sq. ft. 450 seats + 410 m/.f high rise, 100 seat cafeteria 10 s/f 25,000 in I -1 in Ryan Phase ILI. 200,000 sq. ft. 40,000 sq. f t re q. 532 338 75 17 68 29 5 1984 220 units 120,000 sq. ft. 30,000 sq-ft- 450 seats 350,000 sq. ft. 60 tnhs. high rise, I -1 I -2 10 s/f 20,000 sq. ft. 150 ml in I -T, 65,000 sq. ft. reg. 396 190 85 10 56 50 5 1 985 5 units 2 ,6 0 sq. ft ; ,000 sq. ft. 95,000 I sq. ft. . 35 tnhs. 10 s /f 91 45 10 17 i4 5 990 3 units q' ,0 0 s ft 0,000 sq. t. 670,0 00 sq.` t. 35 s/f I -2 189 35 23 20 96 15 TOTAL 930 units 939,000 sq. ft. 344,000 - sq. ft. 2,550 seats 1,320,000 sq. ft 283 tnhs .560 m /f: , 87 s/f 2170 818 391. 115 562 247 37 TOTES TO S.A.C. PROJECTION TABLE: 1981 Development Residential. 92 townhouse units comprehends roughly 50 units at the Ponds, 25 units at Xerxes and Shingle Creek Parkway and 20 units at the Earle Brown Farm Townhouses. Single family is scattered. b. Office. Includes 116,000 sq. ft. by Ryan Construction and 56,000 sq. ft. by Transcontinental Developers. c. Retail. 10,000 sq. ft. at Brookdale Pontiac and Ryan Oldsmobile, 'miscellaneous 60,000 sq ft. at Shopping Center northeast of LaBelle's. d. Restaurant, etc. 500 seats at Trader and Trapper, '240 seats at Meriwether, 100 seats at Pontillo's,,and 200 seats t Red Lobster. United Artists Theatre, 2045 seats -. e. Industrial, Spec. 10 and it with roughly 170,000 sq. ft. warehouse space. f.', Other. Gar -X, four or five stall muffler shop t 1982 Development a. Residential. 90 `townhouse units comprehends 75 units at Xerxes and Shingle Creek Parkway and 15 units at Madsen Floral. Single family, scattered. , Office. 116,000' sq. ft. by Ryan Phase III; 75,000 sq. ft. by Transcontinental. Other development at Piccadilly Pond and St. Louis Park Medical Clinic. c. Retail. 84,000 sq. ft. of retail space at Byerly`s. d. Restaurant, etc. 200 seats at Byerly's; Embers 150 seats; 250 seats in motel - restaurant at 'Freeway Boulevard and Shingle Creek Parkway and Shingle Creek Parkway; 400 units in motel /hotel at above location. e. Industrial. Spec.-l2, 13, 14 at 67th and Shingle Creek Parkway 235,000 sq. ft. 1983 Development a. Residential. 410 units m/f on 14.7 acre parcel south of Hennepin County Library. b. Office. Phase III of Ryan Construction 115,000 sq. ft. Also roughly 40,000 sq. ft. adjacent to Earle Brown Farm. c. Retail. Miscellaneous development at 69th and Brooklyn Blvd., Osseo Bus Garage site and Dale and Davies Addition, south of Denny's. d. Restaurant, etc 450 seats in various restaurants at Irving and Freeway'Blvd. e. Industrial. Shingle Creek Plaza approximately 200,000 sq. ft. 19 G Development a. Residential. 60 townhouse units at the north end of Moorwood Townhouses, 150 subsidized m /f`units for the elderly at southeast quadrant of I -94 and 100. Single Family, is scattered. Office. 120,000 sq. ft. in Phase II of Earle. Brown Office Towers. 65,000 sq. ft. of office at Xerxes and Shingle Creek Parkway.; c. Retail. 30,000 sq. ft. possibly at Dale and Davies south of Denny 's. d. Restaurant, etc. 450 seats at various developments at Irving Avenue and Freeway Boulevard. e. Industrial. Spec. warehouses along Xerxes between I -94 and Shingle Creek Parkway Development of some of the vacant land north of Soo Line tracks, west of France Avenue. 1985 Develoement a. Residential. 35 townhouses at southeast corner of 71st Avenue North and Brooklyn Boulevard Single family scattered. . b. Office. 24,000 sq. ft. near, Earle Brown Faro. c.` Retail Miscellaneous development at France and Highway 100; 66th and West River Road: d. Restaurant, etc.. None. Industrial. 95,000 sq. ft. warehouse on remainder of land north of Soo Line and west of France Avenue North. 1985 -1990 Development a. Residential. 35 single family between 68th and 69th, east of Aldrich and west of 5th Street. b. Office. 55,000 sq. ft. 'office space at southwest corner of I -94 and Brooklyn Boulevard. c. Retail. _60,000 'sq. ft. in the general area of 66th and West River Road. d. Restaurant, etc. None forecast. May occur at 66th and West River Road. e. Industrial. 670,000 sq. ft. of industrial floor "spaceon the land currently occupied by Joslyn Manufacturing south of the Soo Line and west of France Avenue North. S.A.C.',AND FLOW ....Flaw New S.A.C. Demolition Net Cumulative Year Millions of Gallons Units Credits Additions fatal 1972 949 9754* 1973 943 104 2 102 9852 1974 986 157 1 156 10,008 1975 1117 162' 2 160: 10,168 1976 1114 89 8 81 10,249 1977 1075 169 1 168 10,417 1978 1125 420` 9 411 10,828 1979. 1487 153 20 133 10,961 1984 1477 220 ,3 217 11,178 Total 1474 = 46 1428 stimate 'MTfLEDYNE T.. '+ a NATIONAL TRACING PAPER DIVISION NO. 2301TR,O 161,10 PER INCH INDIANAPOLIS. INDIANA LITHO IN U S.A Y r 1 .���1 S �n� � 7`1C��Jn '0,'� . * ..r . Q 1, �_ +Q ��. �- ..�._ t.l t -,Q 1�1 ;:f.{_� p � ' I , 1 j ; t1 -t I II fyL �. J a_ _ v , , I y A ..� , .. 'OQ Q 1 t t I • r 1 ._.� _ --- -r s--! .._',. -•. t- -• , {--� ..} w_ _ }.! t_.,�.•.} - -r__ . �..J..� � t r � f � � -t � 1 _�. 1 " 4 i _ _�- -�_ }_ _..�- ... i !. 7i - «.t.. ' , , b - t— }—{ f j-} t ( t r•L�1 -r.a #.� I + 1 t t_. } ( } t i _ r , 1 } r t a + �'-:. , 1 f j jj y j . - ! — '�"' _. _� T . . _ ! , t t Y. t +... + 4 : } t Y r 1 x� 1• r 1 4 -�T+ � t 1 1 } 1 t. 1 + Based on the mini - regression analysis attached, flow for 1905 would be projected as follows; F Existing S.A.C. units plus projected additional S.A.C. units times . 96,800 gallons; all added to 47.5 million gallons. 11,178,+ 1981 = 13 - ,159 x 96,840 = 1, 273,791 200 1,273,791,200 gallons + 47,500,000 gallons. 1,321,291,200 gallons per yr. = 3.62 mgd This results in a flow .11 mgd over the City's allocation of 3.51 mgd. However, if additional S.A.C. units are each attributed 100,000 gallons per year; and this additional flow is combined with the recorded flow for 1980, the following flow projeption results: 1980 flow = 1,077,000,000 gallons + Projected increase = A98- _ 100,00 0 gallons Projected flow =1,275,100,000 gallons 3.49 mgd which is just barely with the City's flow allocation of 3.51 mgd: Since some development projected for the next five years may well not occur, it appears that 1985 would be an appropriate time to reevaluate the: City's flow allocation. Sanitary Sewer System The sanitary sewer system of the City of Brooklyn Center consists of approxi- mately 98 miles of gravity pipe ranging in size from 8 t 33 inches in diameter and 1.2 miles of force main. The City operates 9 lift stations in areas where gravity sewer is not feasible. Inflow and infiltration problems have been experienced from time to time in the three areas shown in Figure 9, '.'Existing Sanitary Sewer System. A very.limited amount of new sanitary sewer system construction is planned for residential areas in the municipality. Metropolitan Interceptor service is provided to Brooklyn Center by the Crystal Interceptor 1 -BC -453. The interceptor begins at a lift station near the intersection of 53rd and Quail Avenues in Crystal and flows eastward through Brooklyn Center to a point near the intersection of 49th Avenue and the Minneapolis western boundary, where it discharges into the Minneapolis Interceptor. The Metropolitan Waste Control Commission (MWCC) has stated that Brooklyn Center is allowed a maximum average outflow of 3.51 million gallons per day (mgd) of sewage. This is based on an anticipated flow from industry of 0.22 million gallons per day and a sewered residential population of 36,000 persons. The 1978 flow was approximately 1100 million gallons or an- average of about 2.94 million gallons per day. This flow is well within the limits imposed by the Metropolitan Waste Control Commission. Although the population of Brooklyn Center is not expected to grow beyond the 36,000 persons accounted for by the Metropolitan Council, new commercial and industrial development are anticipated` to increase average outflow to the 3`.51 mgd limit established by the Metro- politan Waste Control Commission within the next five to ten years. _A projection of 'increased sewage flow is contained in the Physical Plan on page 125. s =i Page 35; delete third paragraph; "The population of Brooklyn Center a r;e e: y�e c t:> it crease beyond its present limit and, coupled with the limited am-aunt of additional industrial growth which is anticipated to occur, there. would appear to be little difficulty remaining within the Metropolitan Waste Control Commission ,'limitations in the foresee- able future." Add: Although the population of Brooklyn Center is not expected to grow beyond the 36UOQ` persons accounted for;by the Metropolitan Council, new commercial and industrial development are anticipated to increase average outflow, to the 3.51 mgd Limit established by the Metropolitan Waste Control Commission within the next five to ten' years. A projection of increased sewage flow is contained in the Physical P lan on page 125 Page 90; Add: 10. Continue to prohibit use of on -site sewage systems (septic tanks) in connection with any new development. 11. In areas not presently served by City sewer, continue to require connection to City sewer within one year after it becomes, available to properties wita existing on -site sewage systems in accordance with City Ordinance 4 -301. Page 125; delete, 'The City of Brooklyn Center should have little dif ficulty remaining within the sewage flow limitations imposed ,upon it by the Metropolitan Waste Control Commission (MWCC) in the foreseeable future. This is due to two facts noted in the Inventory of Existing Conditions: (1) The maximum average outflow allowed by the Metro- politan Waste Control Cor=ission is 3.51 million gallons= per`day while the average daily 1978 flow was only 2`.94 million gallons and (2) the population of Brooklyn Center is not expected to increase beyond its present size and only moderate amounts of new industrial growth are anticipated. -" Add: Projected 1985 Sewer Flow Based on the hand.develop nt projected in Table 17, it is antic'- pated' that maximum development: over the next five years will add 1,985 new S.A.C. ,units to the City's present sanitary sewer flow by the end of 1985. Using regression analysis of the change in flow, relative to -the cba in S.A.C. units over the past eight years, the flora is projected to increase to 3.62 mgd by the end of 1985, assuming the addition of 1,985 S.A.C. units by that time. The calculation of projected flow is show below:- Flow =47,5 million gal./yr. + (96,800 gal. X S.A.C.) , ==47.5 million gal. + (96,80.0 X 13,`159 S.A.C. units) =47.5 million gal. + 1,273,791,200 gal. =1,3821,291,200 , gal. /yr. =3.6.2 mgd. While 3.62 mad is .11 r d over the Ci vy's maximum average outflow allowed by the "Ietropolitan ti °;ante Control Commission, a program to reduce infiltration and inflow presently..underw y should counteract these flow increases sufficiently to keep the City's total flow within permitted limits at least until 1985 and probably 1990. It should also Le st e:: ;sed that the developrent projections shown on Table 17 are based. on 'rapid and fairly intense (from a SAC unit standpoint) development of available vacant land. Actual develop - ment is likely to be somewhat Tess rapid than shown. Page; 84; Add: Environmental Policies 43. Protect through an appropriate park development program the City's largest area of wetland and significant vegetation at the Palmer Lake basin. 44. Control; development within flood plain areas defined by the Flood Insurance Rate Map developed for the Federal Insurance Administration, in accordance with the provisions of the pro - posed Flood Plain'Ordinance. 45. Through the site plan review process and /or through enforcement of the proposed Critical Area Overlay District Ordinance, pro- tect against erosion -of slopes and the unnecessary removal of trees and other vegetation. 46. Enforce through site and building plan review, .design and con- struction requirements -set forth in the Uniform Building Code for structures built on properties with unstable soils or bedrock problems 47. The City will adopt, as necessary or appropriate, model ordi- nances or other regulations pertaining to the protection of historic or environmental resources to the extent that such controls are clearly defined by Minnesota Statute to be a local government' responsibility. 48. Continue to control the collection,of solid waste through the enforcement, of the City's Health, Garbage, and Sanitation Ordinance. Page 138; Add: Crystal Airport Existing Conditions: A small portion of the 450 acre Crystal' Airport is located within the Brooklyn Center City limits, south of 63rd Avenue North and west of Regent-Avenue North. The airport is classified as a. minor facility in the regional airports system. It is owned by the Metro- politan Airports Commission and is- operated 'for_ public use. Crystal Airport s rvca__ t:i n-_. t; , ;estern suburban � region of the Twin Cities area and as a retie, - , ,r to the Minneapolis -St. Paul international Airport. Service i5 provided to operators of small, single and light twin engine p_ opeller ai rcr aft primarily for training and business flying activities. The airport operates with non- precision instr{Lment flight rules (IFR) and with visual flight rules (UFR) . Runway capacity of the existing facility is estimated at 378,000 operations annually and no 'runway expansions are planned. Airspace Restrictions Under federal and state regulations, airspace zones are established around public airports. Land uses under these zones should be con- sistent with Federal Aviation Administration and Minnesota Department of Transportation - Aeronautics rules. MnDOT regulations (specifically 14YLCAR 1.301.6) provide for minimum airport zoning standards to regulat development on land located` under the imaginary air surfaced established by 14MCAR 1.3415. The City of Brooklyn Center is a party to the Crystal Airport Zoning Board established under these regulations. 14MCAR 1.3016 establishes safety zones ; A, B, and C over land :within r Brooklyn Center. Development within zone B is to be limited to three acre minimum lot sizes and may not attract a site population r more than 15 times the site acreage (i.e. 15 X site area expressed in acres)'. Zone A is to contain no buildings, temporary` structures, exposed transmission lines, or other ,similar land use structural hazards and be limited to uses which will not create, attract, or bring together an assembly of persons (eg. agricultural and non spectator recreational uses) At present, there are no structures in Brooklyn Center over 200 feet in height. The proposed Land Use Plan does not anticipate development within the air safety zones 'which would pierce the imaginary' airspace surfaces established in the MnDOT' aeronautics, regulations. The Plan, as submitted, is therefore considered by the City to be consistent with all regulations. Policy It is- the policy of the City to operate effectively' in its role as a member of the Joint Airport Zoning Board for the Crystal Airport and to accept those enforcement responsibilities dele- gated by the Joint Airport Zoning Board. Notwithstanding the above - stated policy of the City to participate in the policy - making and enforcement actions of the Crystal Airport Joint Zoning Board, it is•the intent of the City to seek an amendment to the Metropolitan Aviation Systems Plan calling for the eventual phase -out of the Crystal Airport. The City has.expressed its dis- agreement with the current'' Aviation Systems P1an:in City Council' Resolution-78-45 which called for -the absorption of the Crystal Airport activities into any new airport constructed in northwest Hennepin County. This - policy -is summarized in general land use policy #11 on page 81 of the Comprehensive Plan.. i �,i, w .-r i w.i l� �. r= .: ' -�', (i„�`f � R �r i .M r e� �,g„.rh.1 .x,,.ry^.r + • ff , . 1 w..�, ' , � �i, 't, , � rl � , p <r . y ,".° ,s f ry., �r� a i� !., „•.•..• 1 .Lr r„�', '+.. uy'''� � m .. ftN aw.i1� -, n+•'�rN •vwr. 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"\ V' iv `j�:n 9r.�S, J +'.. / ' ��.f�- :1. j•- [�• + -.�? { •� � - +rsaa• `•.lr:r/ •� 1•f'rdS r11:i/U ,j`� s .�... r c�'• .'�J. .r. -. . ..\ t +r'n.` f wG. ��. �.$Qd•' J:../;' , �fii13W .. �,- ili, ✓l y, "i .•.7 .� � c i« f�l �' t" �i �'�� !� saJ� �: .`a • .l �':'� r►a'it• "iNJ i2 �--. ,k...iw ✓'j .?'- � :wr -��: /. „°''`'~'• +'' . • ++ t ,; • 9 �a ] �l i ty Y = ^ +', 1 s a�, r . '��,.^�i�y. y�r . ?: .,l •,. ..�.y i .. p ,�.rrrs.,: w'c"', . 1l „J �'�s.� , - i /11 V � � *_ ' ,� � :0: • M� •a� ♦ ♦ ai :art I rtl t� �jy-il •�. _ a � / r �'i 't' + �" \�..k � - r X� •� wliUnllr :f +,may � '« ,i✓ �,. i i'd�. .� .�y-.. a( t »aaa i`r ,F `•.�' •r ALi) _ r �,i�'' t�1 . . • r,, , i.1 1 i �,J r l :j 1 wr a..w . +►r irr «:.t «w..' «a. ' r .. . ;,°' . a e r � � �r+w. -. :,+i.�•• , � r.. w _ >_.. �"' S ._ +r4 . r ` • _ �..It.... --- B . - N Y 1^. • •• l�« . i p� r! .. �� ?1 . h p { Page 53; revise to TABLE: 12 Matrapoliwan Council Traffic Assignment Zone Socio- Econottic and Tavel Denand Data, Year 2000 TAZ ZONE Category 680 681 682 6 -83 684 685 6e6 687 688 689 690 Total Total Households 695 1,290 992 1,786 1,`488 1,986 992 1,091 0 992 1,488 12,800 Total Population 1,944 3,495 2,499 4,521 4,355 4,921 2,722 2,591 0 2,743 3,709 33,500 -. Total Employment 600 3,300 1,300 600 300 1,600 700 2,000. - 5,000 500 100 16,000' :. Person- Trip ^' Productions 14,969 10,678 _14.,376 14,160 18,074 11,015. ._11,262 22,983 9,946 11,470 147,806 Person -Trip Attractions 10,,027 21,394 12,624 9,053 7,954 15,751 11,453 14,652 67,485 7,567 4,394 182,354 Zntrazonai .Person -Trips 324 1,172 390. 286 234 504 304 390 5 -,156 346 155 = 9,261 Average Dail} Trips 10,676 21,618 13,923 13,769 - 13,199 20,192, 13,083 15,481 53,733 10,224 9,094 194,996 ;P. M. Peak 970 2,147 1,331. 1,300 1,251 1,928 1,188 1,523 4,755 954` 859 18,206' Hour Trips :. Source: Metropolitan Council of the Twin cities, .1978 4 53 Page 90.7; 7; Acted 6. Continue cooperation and communication with Brooklyn Park to ensure that adjacent development to the west will not conflict with existing housing in the West Central Neighborhood. NORTHWEST NEIGHBORHOOD The Northwest Neighborhood is bordered on the south by,F.A,I. 94; on the east by Shingle Creek; on the north by the north City limits., and on the west by the west City limits. PLAN RECOMMENDATIONS 1.' Preserve the two existing single housing sub - neighborhoods on each side of Brooklyn Boulevard which form the Northwest Neighborhood. The two units will ,share neighborhood shopping facilities,; and to a certain extent, schools and parks, but should be recognized as two separate living areas due to the Brooklyn Boulevard barrier to cross communications. 2. Establish areas along Brooklyn Boulevard (as shown or. the recommended conceptual alternative for Brooklyn. Boulevard) which are now vacant or subject to change to a more intense land use, as planned townhouse development districts. These areas would,be` permitted to'be'developed or redeveloped only if the owner or developer does so as a "package" as opposed to individual lots and only if appropriate use is proposed townhouses, duplexes, four - plexes, or in some cases, service /office uses. The reason for -: restricting the type of development is well stated in the Brooklyn Boulevard Study. �son.a..t s °MF '40�'.•rv,M.wY: . 4.. , - rt'+R4n -x , `c .CITY OF 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER,`MINNESOTA 55430 TE LEP+,iO N E 561 -5440 ""N"IER EMERGEfirCY— POLICE—F lAE 561-5720 ON September 15, 1981 Florence Myslajek Metropolitan Council Staff 300 Metro Square Building St. Paul, MN 55101 Re: Brooklyn Center Comprehensive Plan Additions Dear Florence: Please find enclosed the following materials which you have requested to complete your review of the Brooklyn Center Comprehensive Plan: Table 5: Existing Development by Land Use Classification 1980 Table 5 - A: Projected Development by Land Use-Classification -:1990 Table 6: Undeveloped Land By Zoning Classification - 1:80 Projected 1985 and 1990 Sewer Flow Revised Sewer Map indicating projected flow by interceptor. If you have need for any further information to complete your review, please contact me. Yours very truly, F Gary Shal.lcross Planning Assistant GS:mlg Enclosures t.. . We 56medi e Ott o Te earl n i TABLE 5 Existing Development By Land Use Classification - 1980 Classification Acres Percentage Single- Family Residential 2,349.5 43.6 Townhouses and Duplexes 116.6 2.2 Multi-Family Residential 301.7 5.;6 Commercial 412.5 7.7 Industrial 325.2 6.1 Public 528.4 948 Semi-Public 101.6 1.8'' Utilities 22.5 0.4 Streets 839.9 15.6 Undeveloped 384.6 7. 2 Total 5,382.5 100.0 Source: Brooklyn Center Planning Department TABLE 5 -A Projected Development by Land Use'Classification - 1990 . Classification Acres Percentage Single - :Family Residential 2,365.6 43.9 Townhouses and Duplexes 190.9 3.5` Multi - Family Residential 315.9 5.9 Commercial 549.0 10.2 Industrial 412.2 7.7 Public 579.4 10.8 Semi - Public 101.6 1.9' Utilities 22.5 Streets 845.4 15.7 Total 5,382.5 100.0 Source: Brooklyn Center Planning Department TABLE 6 Undeveloped Land By Zoning Classification' - 1980 Potential Dwelling Zoning District Undeveloped Acres Percentage, Units R -1 60.9 15.8 244 R -2 4.9 1.3 30 R -3 63.0 16.4 504 R -4 14.4 3.7 173 R -5 4.3 1.1 69 R -7 14.7 3.8 456 C -1 10.6 2.8 C -2 72.7 ' 1`8.9 I -1 112.1 29.2 I -2 14.8 3.8 0 -1 12.2 3.2 Total 384.6 100.0 Source: Brooklyn Center Planning Department Page 125 Revised Addition: Projected Sewer Flow 1985, 1990 Based on the land development projected in Table 17 it is anticipated that maximum development over the next ten years will add 2,170 new S.A.C. units to the City's present sanitary sewer flow by the end of 1990. Using a regression analysis of the change in flow relative to the change in S.A.C. units over the past eight years, the flow is projected to increase to 3.62 mgd by the end of 1965 and 3.67 mgd by the end of 1990. The calculation of projected flow for 1985 and 1990 is shown below: 1985 Flow = 47.5 million gal. /yr. + (96,800 gal. x S.A.C. units) = 47.5 million gal. + (96,800 x:13,159 S.A.C. units) 47.5 million gal. + 1,273,791,200 gal. 1,321,291,200 gal. /yr. 3.62 mgd., 1990 Flow = 47.5 million gal. /yr. + (96,800 x S.A.C. units) = 47.5 million gal. + (96,800 x 13,3:48 S.A.C. units) = 47.5 million gal. + 1,292,086,400 gal. = 1,339,586,400 - : , gal. /yr`. = 3.67 mgd. i TABLE 14 • Land Use Plan Revisions Location Number R ecommended Land Use Ia. Mid - Density Residential or 'Public Land 1b., Mid - Density Residential 2. Single- Family Residential 3. Commercial Retail 4. Commercial Retail - 5. Mid - Density Residential 6a. Light industrial 6b. Light Industrial 6c. Mid- Density Residential 7a. Single - Family Residential 7b. Public Open Space 8. Multiple-Family Residential 9. Commercial Retail 10. Commercial /Retail 11. Service /Office 12. Mid - Density Residential 13'. ? Mid- Density Residential 14. Single- or Two - Family Residential 15. Public Open Space 16. Public Open Space 17. Mid - Density Residential 18. Light industraii 19. Commercial 20. Low - Density Residential 214 Service /Office 22. Low- Density Residential 23. Service /Office 24. Service /Office 25. Service /Office 26. Service /Office 27. Service /Office 28. Service /Office 29: Commercial Retail 30. Mid - Density Residential 31. Service /Office 32. .. Mid - Density Residential 33. Mid - Density Residentiaz -34. Mid - Density Residential 35. Commercial Retail ,a 36. Mid - Density Residential 37. Mid - Density Residential- 38. Single- Fam•riy Residential 39. Service /Office 40. Commercial Retail 41. Service /Office 42. Mid- Density Residential 98- i a 1R 3 + _ i � Y i Ni ]La.t' -��t �- t�^t �:,, `: • s r �$ r 2 0 re <rl • \ j1 r It .. 3 1' "., •. .,.:, ..r i. .:J��I\ tw..v.r ri a .,. ,� ,(- a t —t .!kt sz+i + •�' • , �� ' { 11 '.:�' },{ r �(i �# �,"� ,� ,� a rxssua H M• '� � a I sm a 1 Il..� r�fJ;L,2i 11t7�4 [� ..� r� : 11 x r i ' , i {' /�� � • •(L '+ :ate --•.' 1},: 4 .�.'� ♦'^K t� �! Y }' � ]j a'tH�!: n. r • i+ \ .v'rr '� lA � LQ If CO r t va~ a f 11 1[ t , I,ri { t ��.•P {G'V ' �I ,° �' i+�_� }.` ,rl Irr ro^ �1 �...- �Im al \\ .p+•..�tI'I - 1 IrJ u�. ..,�,� �• �- ,�.. r i f fi (( 1 + r a( +.. ��� ter' I � _s 31 J�.... ry, _;�t1! 7 r � TTT • :' � `` I ' M ! ; t T R + '� O F r CL •1 '. � ! � ..ft Y' 141.t�L1 •: T -y�l. R6BK # ��I 1 [ � � t_L ael..� ��,1:��1�_� �`ky�.l(�lli..�p•`AP1 �� [ ~ I..R..� t } � r .y.r I.. �.:.an, -i. 1 �, {.V' ��' }7t. x 1 .� ,. � - ��' %'•• /ice.. , :. 1 a Scott introduced the following resolution ,.:VCj its adoption: RESG:.:i'iICN a+3. T9-Z65 a RESOLUTICN AP °RCVING REVISIONS TO THE CRITICAL AREAS PLAN _ WHEREAS, the City Council has passed ,a Proposed Critical Areas Plan in accordance with T;._ Min nesota Critical Areas Act and Executive Order Iwo. 130 by the Governor of the State of Minnesota; and WHEREAS, the Metropolitan Council staff has reviewed the proposed Critical Areas Plan in light: of the Standards and Guidelines for PrerariPg Plans and e;u-. z! =s for tha Mississippi River Corridor Critical Area and have suggested ti-,at certain recisions be -jade; and WHEREAS, C'.t_r staff and the Criti:.aZ Areas Planning consultant have .°ll'0 : i:iC 5i1Cjy a`c + j:z isizns land c- :1th the'' NOW, THERE °ORE, BE IT RESOLVED by the City Council of the Cit. of Brooklyn Center, Minnesota; that the following revisions o the City's Critical areas Plan, required by the Metropolitan Council, be approved: T. The location of flood plains will be included on the "Critical Area Features" map. 2. Policies regarding riverbank erosion control 'and vegetation management will be added, 3. The _ route of the Great River Road through the Breok_yn ;.eater Critical area will.be indicated cn the ` ",Development Cpportunities" map. 4. Policies regarding utilities river crossing will be added. 5. The City's position on its. preferred use of the river surface (recreation, industry) will be made more explicit in the text. U. The possi �iiity of the City's acquisition of land east of Lyndale Avenue south of Riv er, P=`dge :r Park will ,e mentioned It shall be emphasised that "the City will not pursue a program of'land :purchase but will rely on donations of land in this location- This land nay th be :utilized as public coon space, riv€�r overlooks, ar.:. '° t •r�.e "Deve:lapment riverb� :2 r ro..`ctio:. map wii2'be amended to reflect this possibility. 7. The "Critical Area Plan" map gill be amended to i::dicate a regional trailway in the following al_srment: across ; - 69th Avenue to T.H. 169, .along the east side _of T.H.,loy, under the interstate 694 bridge, trough Rider Rid ye Park, and along Lyndale Avenue- *_o the City of ;lin : :eacoi s. The text will be ame.ced to refiec~ this change, also. The proposed bi,:vcle pedestrian ri -er crossing at Interstate 694 will be deletid. The Capital Improvements Plan will s be amended to indicite funding sources for this regional trailwa; to to t: .;rent River Road Program {; _deral Highway A izistrat gin} and t h, a .ietropal -tan .Council Regional ;'rails Program,` A trailway along T.H.'169 north of 69th avenue, mar possibly zt 11 be developed using funds from tne' Minnesota Ce art ^ert of Trans.ortation as part o the upgrading of that facility. A bicycle /pedestrian trail along 57th Avenue connectir.j to the : f'7 I: it t_a2i may sti p osse ,'ly tc Qe'1`E?3 FJ, eG uti air.g 4;;r.ds from t:,e Brooklyn Center General Fund. 8. The prcposed Critical Area Overlay District Ordinance will "a =.c fed is the sc'_lcw_n3 manner; a. '"Utilities" and "bluff - lire" will be defined. b. It shall be specified in Section 11 -2.2A that, although single and two- residential structures are exempt frcm: the need to prepare a site plan for approval under tc.ese regulations at: ors before development approval is granted by the City, such developments must still comply wit: i the site planning standards set forth in Section 2.5. C. Section V -5..01 .: shall be amended, deleting the i reference to "inconsistent" locations or uzes. d. The location of the flood plain will be indicated 4 on the Critical Area map. r e. Regulations pertaining to tree - cutting on sites already developed will be added " 9. The City will develop a €l.00d plainordinance consistent ::-th :et,eroiitan Council guidelines. July 23, 979' r " . Date . Mayor ATT ,��> E ST : C, --- Clerk The motion for the adoption of the foregoing resolution was duly .seconded by member Gene Lhotka and upon vote being taken thereon, the fo low,in4 voted favor thereon: Doan Ny, Tony Kue€ler, Bill r gnar Gene. L:ot:Ka,. and Celia Scott; and the following-voted against the same: none, c< whereupon said resolution was declared dul ;. y, .passed and adopted, _ � 1k y Minnes w kF► Environmental Quality. Board ±,t ;k 100 Capitol Square Building � = 550 Cedar Street " St. Paul, Minnesota 55101 Phone 296 -6662 February 27, 1980 Mayor Dean'Nyquist Brooklyn Center City Hall 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 — Dear Mayor Nyquist: The Environmental Quality Board (EQB) approved the Brooklyn Center Critical Area Plan and Regulations at its February 21, 1980 meeting The EQB order; is attached. The Mississippi River Corridor Critical Area Designation Order asks that you formally adopt the Critical Area Plan and Regula- tions within 45 days of EQB approval. Please notify us of your final' action. I would also like to inform you at this time n' that any amendments to the Critical Area Plan: and Regulations should first be reviewed and approved by the EQB. On behalf of the State of Minnesota and the EQB I would like to thank you, the City Council, the Planning Commission, the staff and the people of Brooklyn Center for your hard work and attention gi ven to the planning and management of the Mississippi River Corridor. Sincerely,, .. Arthur E. Sidn_er Chairman,: Environmental Qual Board AES /jc cc: Ron Warren !k d _ AN EQUAL OPPORTUNITY EMPLOYER STATE OF MTN'TESOTA ENVIRONMENTAL QUALITY BOARD z a In the Matter of the Review of FINDINGS OF FACT, Plans and Regulations of the CONCLUSIONS OF City of Brooklyn Center relating LAW AND ORDER to an area within the Mississippi River Corridor Critical Area pursuant to Minnesota Statutes Chapter.116G (1978) PROCEDURAL HISTORY The above entitled matter was brought before the Minnesota Environmental Quality Board (the "Board ") on January 30, 1980 pursuant to Minn. Stat Ch. 116G (1978), Pule MEQC 55 (c)` (1974), and section D. 4. of the Standards and Guidelines for the Mississippi River Corridor Critical Area. Based upon review of the proposed plan and regulations of the City of Brooklyn Center, comments of the Metropolitan Council, staff and interested agencies, and all other matters of record, the Board makes the following:' FINDINGS OF FACT 1. Certain areas of the Mississippi River Corridor were designated a critical area under Minn. Stat. Chapter;116G (1978) pursuant to Executive Order No. 130, effective November 23, 1976, and continued pursuant to Executive Order No. 79 -19,.; effective Apr-i1. 11, 1979. 2. , The City of Brooklyn Center (the "City ") has planning and regulatory authority over development activities within the designated critical area. i 3. The City's proposed plan and regulations for the area have been submitted to the Metropolitan Council pursuant to section D. 2. of the Standards and Guidelines. The Metro oli an uncil has completed its. review and h as far t Go P P _. , warded 'its comments on the City's Plan and Regulations to the EQB. 4. Staff of the Environmental Quality Board has reviewed the City's proposed plan and regulations and has recommended approval. CONCLUSIONS I A. The procedures specified by statute, rule, and guidelines for the review of proposed plans and regulations for the Mississippi River Corridor Critical Area have been complied with. Page 2 B. The proposed plan submitted `by' the City is consistent, with the Executive Order designating the critical area. ORDER Based on the Findings and Conclusions contained herein and the entire record in this matter, IT IS HEREBY ORDERED that: Pursuant to Minn. Stat. Ch. 116G (1978) Rule MEQC 55 (c) (1974), and section D. 4. of the Standards and Guidelines, that the proposed plans and regulations of the City of Brooklyn Center be approved. Approved and adopted the day of KjZq, '1980. S1VTE OF MINNESOTA ENVIRONMENTAL QUALITY BOARD Arthur E. Sidner, Chairman x /0 A Member introduced the following resolution and moved its ador% .ion: RESOLUTION NO. RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN, RATE AUTHORITY BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: City Manager, Gerald G. Splinter is hereby designated as a Director of the Suburban Rate Authority, and Councilmember Gene Lhotka is hereby designated to serve as the Alternate Director of the Suburban Rate Authority for the year 1983 until their successors are appointed. Date Mayor < ATTEST.' 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. 43.n OL1 3 PIRECAST ,10"X10" SUPPORTS C .� t �-TE L PANEL - 1 I V IT 2x8 VERT. , r °G" `v az X. F(Li4: HT 1 FA,C�. {.',t�tra,wiEd9� { - { FOR SAND LOADa IC ON E SIDES OF r f SUPF O€3TS 8'-0" MAX. HEIGHT ; FOR SAND LOADING d 1?_ " TEXTUIRED OPEN CHAIN LINK a o CL�e�CRETE BLOCK - oo FENCE WITH �REENFORCINC a � AT 8 O.C.; �� =� ALTERNATE— CHAIN 6' -0" to AX. HEIGHT ! LINK FENCE WITH x . FOR SA'ND LOADING r _ V'iSUAL SCREEN ' SLATS x i :y- a � R MM s W r i • • ` `` i a e O d b. co WALL TYPE A WALL TYPE 8 - WALL TYPE C WALL TYPE D t / LIN. 'FT. $124 / LIN. FT. $138 / LIN. FT. $19/ LIN. FT. ALT.- $34/ LIN. FT �LT' ! NIAT F N � � OSAL. - MUNICIPAL GARA PROPOSED 1983 EMPLOYEE POSITION AND CLASSIFICATION PLAN f Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1983 --- ------------------- -- ----------- - _ ------------ ----- - --- -- _.... WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City Council has considered salaries and wages for the calendar year 1983 and has reviewed the 1983 Employee Position and Classification Plan; and WHEREAS, the 1983 Employee Position and Classification Plan establishes that pay increases will be awarded on a pay for performance basis; and WHEREAS, the structure of the 1983 Employee Position and Classification Plan provides for pay increases awarded for improvements' in job performance; and WHEREAS, an individual employee's movement through his or her respective .pay schedule reflects -a progression in corresponding levels or improved job performance: NOW, THEREFORE, BE IT RESOLVED that the City Council hereby sets wages and salaries for the calendar year 1983 by adoption of the attached Position and Classification Plan (Schedules A through L).for` the calendar year 1983 which sets ranges and maximums which the City Manager shall be authorized to pay in classified positions; and BE IT FURTHER RESOLVED that the City Manager be authorized to 'employ such temporary part -time and temporary full -time employees as may be necessary, and to establish competitive rates of pay for such help consistent with the 1983 budget appropriations; and BE IT FURTHER RESOLVED that authorized wage adjustments, not to exceed the maximums contained herein, shall become effective January 1, 1983; and BE IT FURTHER RESOLVED that the City Council, in recognition that labor contract provisions are not as yet settled with the bargaining units represented by'L.E.L.S. Locals No. 82 and No. 89 and the International Union of Operating Engineers Local No. 49, extends 1982 wage and salary.rates for related job classifications. Date Mayor ATTEST Clerk The motion for the adoption of.the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the.following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER, MINNESOTA 1983 EMPLOYEE POSITION AND CLASSIFICATION PLAN` CITY OF BROOKLYN CEIT R 1983 E'IPLOYEE POSITION AND CLASSIFICATION PLAN TABLE'OF CONTENTS Contents Schedule Page Positions Authorized A 1-2; Executive Pay Plan B 3 Supervisory. - Professional Pay Plan C 4 Supervisory- Professional Monthly Wage Schedule C-1 5 Technical- Clerical Pay Plan D 6 Technical- Clerical Monthly ,Wage Schedule D-1 7 Police Officer. Pay Plan E 8 Police Sergeant Pay Plan F g> Police 'Clerk Dispatcher Pay Plan G 10 Local No. 49 Pay Plan H 11 Liquor Stores Part -Time Employee Pay Plan I 12 Employee Insurance Benefits 1 13 - Executive Positions 1983 Salary Maximums K 14 City Manager Compensation Agreement L 15-16 CITY OF BROOKLYN CEN"R 1983 EMPLOYEE POSITION AND rCLASSIFICATION PLAN SCHEDULE A PER4ANENT FULL -TIME AND SALARIED PART -TIME POSITIONS AUTHORIZED POSITIONS AUTHORIZED ---- ----------------------------------------- ....._. -- w_ --- - �.----- iY--- r------- ---- ---- .- . ------ ----- r------ ----- -_-- .Y— Yi—iM --- r r. M-! 4KasYIM. Y+ Y�wvwYr +YiY►KM�I►KYrYYiYYr► POSITIONS EXEMPT ORGANIZATIONAL AUTHOR- ORGAN - FROM SALARY UNIT POSITION IZEU IZED OVERTIME SCHEDULE ...._ ------ -- --- - -- --_ - - rr-- �------- ..�- -. ---- -- .-..---- .rte.. �. w.......... �_.�....� w CITY MANAGER'S OFFICE: City Manager 1 No Yes B ` Deputy City Clerk /Personnel Coordinator 1 No Yes C Housing /Purchasing Coordinator 1 No Yes C Office Manager 1 No Yes C Clerk IIT 2 No No D. Clerk II - 1 No No D r ----------- --- - ------ r-----rr. rrr. r ---- r.. rrr:+.. rr. 4. rrw .----- r.rrb.4-- -- r—wrrr..rr ----- - ---r.. -- ASSESSING DEPARTMENT: Assessor 1 No Yes - g Appraiser 1 No Yes C Clerk IV 1 No No D - ------------- ,t............---- ------ — ---------------------- - ----. . -. ----- --.._...—...-- ...-.- - ---- -- FINANCE DEPARTMENT: Director of Finance /City Treasurer 1 No Yes B Chief Accountant 1 No Yes C Staff Accountant: 1 No Yes C Clerk V 2 No 'No D Clerk IV 1 No No D Clerk III 2 N No D — .r— --------------- .r., -------- — ------- — ------ — -------- ' y"' a ----- --------- r----- ✓.— GOVERNMENT BUILDINGS DIVISION: Chief Custodian 1 No Yes C Custodian 6 No No D ....�. �....... r -- ---- - - -- - -.------ - -- --� ---- _- --�- -- --- - --W.. _.i-_ --- .- -- ---- _....- ---- -. POLICE DEPARTMENT: _ Chief /CivilDefense Coordinator 1 No Yes B Captain 2 No Yes C Sergeant 5 L #82 No F Police Officer 22 L #89 No E Administrative Assistant 1 No Yes C Office Manager 1 No Yes C Administrative Aid 1 No Yes C Code Enforcement Officer "2 No No D Clerk /Dispatcher 6 No No G Clerk III 1 No No D. --------------------------------------------- ----- --------- -.... -------- --- PLANNING AND INSPECTION DEPARTMENT: Director. of Planning and 'Inspection 1 No Yes B Inspector /Building Official : 1 No Yes C Inspector 1 No Yes C Administrative Assistant 1 No Yes C Clerk IV 1 No No' D :--------------- -- ..... .----- ;------ r------- ..-- ------ Director <_f Public lolorkslCity Engineer 1 No Yes 3 Assistant City Engineer 1 No Yes C. Engineering Technician IV 1 No No D Engineering Technician III 4 No No D . Engineering Technician II i No No D Clerk IV No No D . ...- ------------------------------------------ ._.._.��_... 4_�.�.. ,........_..............,..� .�.,........_.�.. -..�._ STREETS DIVISION: Superintendent of Streets and Parks 1 No Yes C Supervisor of Streets and Parks 1 No No C Light Equipment'Operator 11 L #49 No HC Mechanic 3 L #49 No H Might Service Person 1 L #49 No H Clerk 1 No No D PARKS AND RECREATION DEPARTMENT: Director of Parks and Recreation 1 No Yes B Superintendent of Recreation 1 No Yes Program Supervisor 2 No Yes C Supervisor of Streets and - Parks 1 No No C Aquatics Supervisor 1 No Yes C Light Equipment Operator 10 049 No H Clerk IV 1 No No D -- ---- ---- .-------------- .:... --------------- — -------------------- PUBLIC UTILITIES DIVISION: Superintendent of Public Utilities 1 No Yes C Supervisor of Public Utilities 1 No No C Maintenance Worker 1 L #49 No H Light Equipment Operator 4 L #49 No H LIQUOR STORES DEPARTMENT Liquor :Stores Manager 1 No Yes ` B Supervisor, Retail 2 No Yes` C Clerk III 1 No No D mow. ...r....rr. ----------------------------- .. a rrr.wr..w.r..r..r rrr...n- ,rr ----------- .ww.`...r..r . r ----.r --- TOTAL PERMANENT FULL -TIME 'POSITIONS AUTHORIZED: 127 * * * * * * ** SCHEDULED PART -TIME POSITIONS AUTHORIZED: FIRE DEPARTMENT: Chief 1 No Yes C Assistant Chief 1 No Yes C Fire Marshal 1 No Yes C Senior ,Training Officer 1 No Yes C Training Officer 1 No Yes C Fire Inspector, Days 1 No Yes C_ Fire Inspector, 4 No Yes c e ......+..__-- ------------ - -- ---- ..-__- ___r.- ...,.----------- .._ ------ . -_-- -...,r.__� ....:.:- LIQUOR STORES DEPARTMENT Clerk/Stocker * ** No No I Cashier * ** *sae No No I -- - -- - -- - - - - - -- - -- -- - -- - - -- - __ - - -- - -_ -- -- - -- 2 CITY OF PROOKLYN CENTER 1933 P" POSITION AND CLASSIFICATION PLAN SCHEDULE B EXECUTIVE POSITIONS ANNUAL SALARY SCHEDULE EXECUTIVE .PLAN ------ ------------ - - --------------------------- - --- - Yf4 - ----- -__-rp*IUr ----- RANGE I RANGE II RANGE II GROWTH PERFORMANCE MER - ----- ------ - - - -- - - -i --------- -. — -- - - - --- — .. -- -- POSITION MINIMUM MAXIMUM MINIMUM MIDPOINT MAXIMUM MINIMUM MAXIMUM i--- - --... ------ w- -. - -- City Manager 47165 52714 53268 " 55488 58262 58817 63811 Director of Public Works 38649 43196 43650 45469 47742 48197 52289 Director of Finance / City Treasurer 35935 - 40162 40585 42276 44390 448 48617 __Chief of Police' 35002 39120 39532 41179 43238 43650 .47356 Director of Parks and Recreation 31550 35262 35533 37118 38974 39345 42686 �:. City Assessor 29913 33432 33784 35192 36952 37304 40471 Director of Planning and Inspection 29913 33432 33784 35192 369552 37304 40471 Liquor Stores Manager 26680 29819 30132 31388 32957 33271 36096 - ------------- ------ ----- - -..... ----- �.... ------------ .............-......�. - ....- .....-- ...�... i - -. ,_ -. INTERVALS: Each range has a spread of approximately 35% from minimum to maximum. The , minimum ;is approximately 85% and the maximum is approximately 115% of the midpoint. SALARY RANGES: b I: GROWTH RANGE. The lower range (approximately 85% to 95 % .of the midpoint) should normally include relatively inexperienced'employees, as well as those whose performance remains below fully satisfactory levels. II. PERFORMANCE RANGE: The middle range (approximately 96% to 105% of the midpoint) should include the normally experienced, fully satisfactory employees -and represent the established "going- rates "'. III. MERIT RANGE, The top range (approximately 106% to 115% of the midpoint) should include only those employees who have demonstrated superior :- performance over °a significant period on the job or at comparable levels of responsibility. SALARY SETTING AUTHORITY: The City Council must approve individual salary adjustments within Merit Ranges II and III. Salaries within Range I may be established by the City Manager. The City Manager's salary is :established by the City Council, OVERTIME: These positions are exempt from overtime. -3- CI'T'Y OF BROOKLYU CENTER 1933 EMPLOYEE POSITION AND CLASSIFICATION .PLAN SCHEDULE C SIJPERVISORY;:AND PROFESS1044AL POSITIONS GRADE RANG: AND MONTHLY RATES SUPERVISORY . �.._- .. --- ___---- _._._. ------ -------------------------------------- PROFESSIONAL PLAN r—r- -r -- ---- -•Yr+r.r.�rrw.�Y�4rr. Oar. M�/ e+ �KriM- - -------------- .— ----------------- ---- -- -- -A` --- - ----- GRADE RANGr MONTHLY 1 4AGE RANGE FROM SCHEDULE C -1 FROM SCHEDULE C -1 --- ----- --------- - - - --- --------- — - --- - -- -. - -- EXEMPT I GOING GOING FROM POSITION MINIMUM RATE MAXI" -.UM MINIMUM RATE MAXIMUM OVERTIME ----- - - - - -- -- ----- - - ...�... -- --- -- - -- - --- - - - - - -- -- - - --- -- � - - - - - -- Police Captain 332A S34C S36C 2571 .2978 3128 Yes Assistant City Engineer S31A S33C S35C 2508 2905 3052 Y es Superintendent of Streets and Parks S28A S30C S32C 2329 2698 Yes Superintendent of Public Utilities S26A S28C S30C 2217 2568 2698 Yes Housing /Purchasing Coordinator S22A S24C S26C 2008 2326 2444 Yes Superintendent of Recreation S22A` S24C S26C 2008 2326 2444 Yes Inspector /Building Official S21A` S23C S25C 1959 2269' 2384 Yes Chief Accountant 319A` S21C S23C 1865 2160 2269 Yes Deputy City Clerk/ Personnel Coordinator S19A S21C S23C 1865 2160 2269 Yes Supervisor of Streets and Parks S18A S20C S22C 1819 2107 2214 No Supervisor of Public U tilities 8 ' S1 A S20C S22C 1819 2107 2214 No ns ector Planning and - I p , g Inspection S18A S20C S22C 1819 2107 2214 Yes 1 2 Office Manager, Police. S16A S18 C S20C 7 Yes 73 2006 210 Chief Custodian S14A S16C S18C 1648 1909' 2006 Yes Appraiser S14A S16C 918C 1648 1909 2006 Yes Administrative Assistant S12A S14C S16C 1569 1817 1909 Yes Office Manager, Administration 311A S13C S15C 1531 1773 1863 . Yes Program , g Recreation S10A S12C S14C 1493 1730 1817 yes Staff Accountant S8A- S10C S12C 1421 1646 -1730 Yes Supervisor, Liquor Retail S8A S10C S12C 1421 1646 1730 Yes Administrative Aid, Police S7A S9C S10C 1387 1606 1646 Aquatics Supervisor S1A 31C S2C 1196 1318` 1318 Yes Fire Chief (Part- timed 550 Yes Assistant Chief (Part- time) 310 Yes Fire Marshal (Part -time) -345 Yes Senior Training Officer (Part -time) 235 Yes Training Officer (Part- time) 175 Yes Fire Inspector,Days (Part- time) 310 Yes Fire Inspector (Part -time) 175 yes _... --.. -------------------- ------- ------- _.... ----- ------- - --- -- --4- CITY OF BROOKLYN CENTER 1983 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE C -1 SUPERVISORY - PROFESSIONAL POSITIONS MONTHLY WAGE SCHEDULE PROGRESSION STEPS MERIT STEPS GRADES A 8 C D E S1 1196 1255 1318 1384 1453 S2 1226 1287 1351 1419 1490 S3 1256 1319 1385 1454 1527 S4 1288 1352 1420 1491 1565 S5 1320 1386 1455 1528 1604 S6 1353 1420 1`491 1566 1644 S7 1387 1456 1529 1605 1685 S8 1421 1492 1567 1645 1728 S9 1457 1530 1606 1686 1771 S10 1493 1568 1646 1729 1815 S11 1531 1607 1687 1772 1860 512 1569 1647 1730 1816 1947 S13 1608 1688 1773 1862 1955 S14 1648- 1731 1817 1908 2003 S15 1689 1774 1863 1956 2054 S16 1732 1818 1909 2005 2105 S17 1775 1864 1957 2055 2158 S18 1819 1910 2006 2106 2211 519 1865 1958 2056 2159 2267 S20 1911 2007 2107 2213 2323 S21 1959 2057 2160* 2268 2381' S22 2008 2109 2214 2325 244`1 S23 2058 2161 2269 2383 2502 524 2110 2215 2326 2442 2565 S25 2163 2271 2384 2504 2629 S26 2217 2328' 2444 2566 2694 S27 2272 2386 2505 2630 2762 S28 2329 2445 2568 2696 2$31 S29 2387 2507 2632 2763 2902 S30 2447 2569 2698 2833 2974 S31 2508 2633 2765 2903 3049 S32 2571 2699 2834 2976 3125 S33 2635 2767 2905 3050 3203 S34 2701 2836 2978 3127 3283 S35 2768 2907 3052 3205 3365 S36 2838 2979 3128 3285 3449 S37 2909 3054 3207 3367 3535 S38 2981 3130 3287 3451 3624 S39 3056 3209 3369 3537 3714 S40 3132 3289 3453 3626 3807 NORMAL PROGRESSION: A is starting wage. Advance to Step B after six months' Probationary period,. Advance to Step C after eighteen months employment. Additional grade advances in Step C,: within.the City Council authorized limits shall be at the discretion of the City Manager. CITY MANAGER'S DISCRETION: Starting grade and grade /step advances, within the City Council authorized limits set for each.position, shall be at the discretion of the City Manager. INTERVALS: Grades 1 through 40'represent 2 112% advances. Steps A through E represent' approximately 5% advances. MERIT STEPS: Merit steps shall only be awarded with express approval of the City Council. -5- CITY OF E3P,00':LY PIT CENTIER 193? POSITION AN CLASGIFICATION PL AN SCHEDULE D TECH iICAL A ND CLERICAL PO ITIO1IS GRADE RIV1GE Ar1D MONTHLY RATES TECHNICAL- CLERICAL - - -------------------------- - ------------- PLAN -- --------- te r,... -- - -.� .-.. ------------ GRADE RANGE MOM14LY WAGE RANGE FROM SCHEDULE D -1 FROM SCHEDULE D -1 -------- - - - - -� EXEMPT GOING GOING FROM POSITION MINIMUM RATE MAXIMUM MINIMUM RATE MAXIMUM OVERTIME .... -- ------- -- - --- ------- .. ----- ------- - - ---- - - - - -- - - --- -- -.. --... - Engineering Technician IV T31A T33C T37C 1814 2102 2320 No Engineering Technician III T25A T27C T31C 1564 1812 2000 No Engineering Technician II T21A T23C T25C 1417 1642 1725 No Service Garage Clerk T21A T21C T23C 1417 1563 1642 No Custodian T20A T20C T21C 1383 1525 1563 No Clerk V T14A T14C T18C 1192 1315 1451 No Clerk.IV T11A T11C T14C 1107 1221 1315 No Code Enforcement Officer T12A T12C T13C 1135 1251 1283 No Clerk III T9A T9C T10C 1054 1162 1191 No Clerk II T5A T5C -T6C 955 1053 1079 No --�._ .w.. — ---------------- _ ------------------ _ ----------------- - -------- -6- CITY OF BROOKLYrt CENTER 1983 EiMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE D -1 TECHNICAL AND CLERICAL POSITIONS MONTHLY WAGE SCHEDULE ----------------------------------------------------- PROGRESSION STEPS MERIT STEPS GRADES A B C D E T1 865 908 954 1001 1051 T2 887 931 977 1026 1078 T3 909 954 1002 1052 1105 T4 931 978 1027 1078 1132 T5 955 1002 1053 1105 1161 T6 979 1028 1079 1133 1190 T7 1003 1053 1106 1161 1219 T8 1028 1080 1134 1190 1250 T9 1054- 1107 1162 1220 1281' T10 °1080 1134 1191 1250 1313 T11 1107 1163 -1221 1282 1346 T12 1135 1192 1251 1314 1379' T13 1163 1221 1283 1347 141.4 T14 1192 1252 -1315 1380 1449 T15 1222 1283 1347 1415 1486'; T16 1253 1315 1381 1450 1523 T17 1284 1348 1416 1486 1561 T18 1316 1382 1451 1524 1600 T19 1349, 1416 1487 1562 1640 T20 1383 1452 1525 1601 1681 T21 1417 1488 1563 1641 1723 T22 1453 1525 1602 1682 1766 T23 1489 1564 1642 1724 1810 T24 1526 1603 1683 1767 1855 T25 1564 1643 1725 1811 1902 T26 1604 1684 1768 1856 1949 T27 1644 1726 1812 1903 1998 T28 1685 1769 1857 1950 2048 T29 1727 1813 1904 1999 2099 T30 1770 1859 1951 2049 2152 T31' 1814 1905 2000 2100 2205 T32 1860 1953 2050 2153 2260 T33 1906 2001 2102 2207 2317 T34 1954 2052 2154 2262 2375 T35 2003` 2103 2208 2318 2434 T36` 2053 2155 2263 2376 2495 T37 2104 2209 2320 2436 2557 T38; 2157 2264 2378 2497 2621 T39 2211 2321 2437 2559 2687 T40` 2266 2379 2498 2623 2754 NORMAL PROGRESSION: A is starting wage. Advance to Step B after six. 'months probationary period. Advance to Step C after eighteen months.employment. Additional grade advances in Step C, within the City Council. - authorized' limits, shall be at the discretion of the City Manager. CITY MANAGER'S DISCRETION: Starting grade and grade /step advances, within the City Council authorized limits set for each position, shall be the discretion of the City Manager. INTERVALS: Grades l through 40 represent 2 112% advances. Steps A through , E represent approximately 5% advances. MERIT STEPS: Merit steps shall only be awarded with express approval of the City Council. .-7- CITY OF BROOKLYN CENT E 19 2 E " "PLOYEF _ POSITION AND CLASSIFICATION PLAN. SCHEDULE 'E POLICE OFFICER POSITION EIOURLY RATE SCHEDULE, L.E.L.S., LOCAL NO. 82 POLICE OFFICER'; - ---------------------------- --------------------- ---- --- - - -_ PLAN A. EMPLOYEES HIRED BEFORE FEBRUARY 1, 1979: HOURLY RATE PROGRESSION STEPS --- -------------------------------------------------- _...... POSITION A B C D E F G Police Officer 9.505 9.925 10.374 10.793 11.244 11:664 12.104 NORMAL PROGRESSION: Step A is the starting wage. Succeeding steps represent six month intervals. CITY ,MANAGER'S DISCRETION:- Starting step and step advances, within the City Council authorized limits, shall be at the discretion of the City Manager. fi B. EMPLOYEES HIRED AFTER FEBRUARY 1, 1979: G .---- -- -- - ----- ---- �------ .. --. HOURLY RATE PROGRESSION STEPS --------- o ----- —_...rr..,....—.r...r.s+r:r... -----. r._ r. r .rr..r..-- --- .r..rr.rr.r.w�.rrr POSITION P1 P2 P3 P4 P5` Police Officer 7.868 8.473 9.683 10.894 12.104 .. . •..• - -------- --- .r.v.w.:..r ---------. r.--. i.. r--- .w- --- -- ---r -r r— rr�rrr— .r..r.rr NORMAL PROGRESSION: Step P1 is the starting wage. Advance to Step P2 after six months of employment. Advance to Step P3 after one year of employment. Advance to Step P4 after two years of emploment. Advance to Step P5 after three years of employment.. CITY 'MANAGER'S DISCRETION: Starting.step and step advances, within the City Council authorized limits,shall be at the discretion of the City Manager. C. 'LONGEVITY AND EDUCATIONAL INCENTIVE: Percent of Base Pay based on longevity or educational credits to be paid as supplementary pay; EDUCATIONAL LONGEVITY COLLEGE QUARTER CREDITS PERCENT -- -- ---- 4 -8 years 45- 3% 8-12 , years 90 -134 5% 12 -16 years 135 - 179 7% 16 years and over 180 or more 9% D. SPECIAL JOR CLASSIFICATION: Employees classified or assigned by the City of Brooklyn Center to the following job classifications or positions will receive $95 per month or $95 prorated for less than a full month in addition to their regular wage A. Investigator B. Juvenile Officer C. Dog Handler - --- ----- - - - - -- -- .----- - --- -- - --------------- --,- w__ -.-. _- -... �. ------------- -- - - -- - ---- r8- CITY OF BROOKLYN'CENTFR 1982 EMPLOYEE POSITIONd AND CLASSIFICATION PLAN SCHEDULE ,F POLICE 'SERGEANT POSITIONS 'MOINTHLY SALARY SCHEDULE, L.E.L.S., LOCAL NO. 89 POLICE --__ - - - SERGEANT PLAN ----------------- -- --- -- !4r-- ---------- ---- -- - --- --- Lair .YY—rV-- --- --- -tir--- ---- -- w— WY�L.YW�rrw POSITION MONTHLY RATE PROGRESSION STEPS --------------------------- -------------------------------------------------- ....._._. A $ C 0 E F Police Sergeant 2160 2270 2385 2444 2506 2569 ------------------------- — K--- ---------- .------------ -- -Y---- rY--- ---------------------- — NORMAL PROGRESSION: Step A is starting wage. Succeeding steps represent six monk intervals. CITY MANAGER'S DISCRETION: Starting step and step advances, within the City Council authorized limits, shall be at the discretion of the City Manager. CITY OF BROOKLYN. CENTER 1983 E! POSITION AND CLASSIFICATION PLAN SCHEDULE G POLICE CLERK DISPATCHER POSITIONS HOURLY RATE SCHEDULE POLICE CLERK: DISPATCHER PLAN ------- r-- --- --- ------- ---- -- - ----- -- — __fin- ----- i-- raw—rn—_MrK YC---- ----- - - --.YYr -- HOURLY . RATE PROGRESSION STEPS --------- - - ----- -- - - — ----- -- - --- w— --------------- POSITION A B C D E F G -- - - - - - -- -- -� - - -- ;.- ---- - ---- -- Clerk Dispatcher. 7.42 8.05 8.37 8.72 9.06 9.44 --- -�- ----------------- - �- - - -- - � - - - - -- ------------ - ----------------- NORMAL PROGRESSION: Step A is starting wage. Succeeding steps represent six month intervals. INTERVALS: Steps A through G represent approximate 4% advances. CITY MANAGER'S DISCRETION: Starting step and step advances, within the Ci',y Council authorized limits, shall be at the discretion of the City Manager 10- CITY OF BROOKLY14 CENTER 1932 EMPLOYEE POSITIONS AND CLASSIFICATION PLAN SCHEDULE 'H UNION OF OPF.RATIPdG E" OINECRS, LOCAL NO. 49 POSITIONS HOURLY RATE SCHEDULE LOCAL NO. 49 W -_w- -- w_..-w__- ..--_.,._._.. --------_,. -._w w..__..-- -- -._w_w-.-w-- - ----- .....,..._ --- PLAN -------- rwww -. -- - ...ro.ww..www-- -- ------.....wwwr.►r —....w w.w w.:. r.rrw —w, r..ww.rrr.r..rr....rrr.r.r.n.ir irw...rrr.r.r. HOURLY RATES r..._r--......w_www_— w.... —......—.... ..- ..._—__—......w_—.+ w- .nom..- AFTER AFTER EMPLOYEE'S EMPLOYEE'S STARTING FIRST YEAR SECOND YEAR POSITION (90 %) (95%) (100 %) rr rrrw r.. r. rw ww. �...w.r.,.�r�.�r..,.r...rr.n .�rwrwww rrwrwwr r.rr.orrr Heavy Equipment Operator 9.15 9.66 1`0.17 Light Equipment Operator 8.75 9.23 9.72 Mechanic 9.15 9.66 10.17 Night Service Person 8.59 9.06 9.54 Maintenance Worker 9.03 9.53 10.03 . rww. rr. w...... rwwwr�. wwr.+. r........ i...... wr.—...w —w-rrw rrww. r..wwwrwww---:..rwr, rw. r. nr.w.+. rw—......rr.ur�.....rrr...rrrr wltw CITY OF BROO`r:LYN CENTER 1983 E' POSITION AND CLASSIFICATION PLAN SCHEDULE I LIQUOR STORES PART - TIME HOURLY 'RATE SCHEDULE LIQUOR STORES --------------------------------------------- PART -TIME EMPLOYEES PLAN �r --- ---- r.+rr---- --- -rer .+r!T:--------- W..M1---- --- --- it-- -- . —rWri. ---- W— r.i.4------ i--- -W--Wir STEPS -------- ----- W----- WW----- - ----- - -- -- POSITIO14 A B C Clerk- Stacker 4.80 5.10 5.40 Cashier 4 .80 5.10 5.40 K .. --- --------------.-------------------------- WWW---- W--- W-------- - ----- 4W ---- -- 4W.xLWWWWWWrW PROGRESSION: A'is starting wage. Succeeding steps represent six month intervals. -12- CITY OF BROOKLYN CENTER 1 933 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE J EMPLOYEE I1+3'1RV BENEFITS EMPLOYEE __ -------------------- INSURANCE BENEFITS ------ — ----__ w:... ----- ------- ._,..-------- _� - - - - -- __ - -- ----. ..-- -- .. L.E.L.S., LOCAL NO. 82, POLICE OFFICERS: The City will contribute up to a maximum of $105 per month per• employee toward health, life', long -term disability insurance, and dental insurance. INTERNATIONAL UNION OF OPERATING' ENGINEERS, LOCAL N0. 49 AFL -CIO: ------------------------------------------------------------ The City will contribute up to a maximum of $105 per month for group health, life, and dental insurance including dependent coverage. Employees not choosing - dependent coverage cannot be covered at City expense for any additional insurance than the individual group health and group life insurance. Additional . life insur ance can be purchased by employee's expense to the extent allowed under the City's group policy. NON - ORGANIZED CITY EMPLOYEES: - --------------------------- The City will contribute, effective with insurance premiums due January 1`, 1983 r, payment of an amount not to exceed $125 per month toward the cost of coverage under the Brooklyn Center Group Hospital- Medical Insurance Plans, $5,000 Group Life Insurance policy, and Group Dental Insurance as fringe benefit compensation for permanent full -time employees (and eligible dependents), who are not members of recognized bargaining units. CITY MANAGER: As provided in the City Manager's Personal Service Contract. � --------- - - - - -- r- _..--- ----------------- -..... ----- --- --- - -- �..........................--_.............��..�............ ; -:13_ CITY OF BROOKLYN CENTER 1933 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE K EXECUTIVE POSITIONS 1983 MAXIMUM SALARIES ESTABLISHFD EXECUTIVE POSITIONS ------ __ ------ _ - _- - - -- -- - 1982 SALARY 'MAXIMUMS , MAXIMUM 1982 ANNUAL SALARIES SET BY THE CITY COUNCIL IN ACCORDANCE WITH PROVISIONS CONTAINED IN SCHEDULE, B, EXECfJTIVE PLAN SALARY SETTING AUTHORITY: POSITION MAXIMUM ANNUAL SALARY City Manager 53148 Director of Public Works 47742 Director of Finance/ City Treasurer" 44391 Chief of Police 43237 Director of Parks and Recreation 38974 City Assessor 36395 Director of Planning. and Inspection 35511 Liquor Stores Manager 31774 r: -14- CI'T'Y OF BROOKLYN CENTER 1983 E "IPLOYEE :POSITION AND CLASSIFICATION PLAN SCHEDULE L 1983 CITY MANAGER'S W-1PENSA'TION AGREE'"ENT CITY MANAGER'S ,... _ ----------- ----------------------------- - COMPENSATION AGREEMENT ---- w— --- --- --- w «w.rr -- it---- r-- .— rr+— ---------- Karr+--------------- K.iKK.i.4w Kif`.YYiWnln TERMS" AND CONDITIONS OF EMPLOYMENT: I' 1. The City Charter, adopted by the voters of the City of Brooklyn Center on November 8, 1966, created the position of City Manager. �~ 2. Gerald G. Splinter was appointed City Manager effective October 17, 1977 (Resolution No. 77 - 168) and is cu serving in that position. 3. The position of City Manager is not covered by the provisions of Chapter 17 of the City Ordinances. 4. Other conditions of employment are hereby explicitly stated: a. Mr. Splinter, shall perform the duties and meet the obligations for the position of City Manager as set forth in the City Charter and Chapter 6 of the City Ordinances. b. Mr. Splinter's salary for 1983 shall be $53,148 per annum and adju3tment to the City Manager's salary: shall be reviewed annually; in conjunction' with the establishment of salaries for City employees. 4. c. The City Manager shall be granted sick leave and holiday benefits granted to other employees and commencing January 1, 1983 he will earn four weeks vacation per year. year. d. The City Manager 'shall reside within oo r e n Br ki Cente within twelve and th' fa o' ` Y g yn w n s 11 w� the effective date of appointment. 4...c- e. The full premium cost-for individual and family-coverage under the Brooklyn Center Group Health and Dental Plan .and /or Insurance Plan and the full premium cast for two times his annual salary of term life insurance under the Brooklyn Center Group Life Insurance Plan shall be paid by the City on the City Manager's behalf. f. The City Manager: shall receive $225 per month in-lieu of a City- car for City-, business within the metro area._ g. In the event of resignation, notice thereof shall be submitted in writing to the City Council at least 30 days prior to the effective date. h. In the event of dismissal by the City Council, the City Manager shall be notified at least 30 days in advance of the effective date of dismissal and shall be furnished a written statement of the reasons therefor, and further, shall be granted a hearing thereon, if requested. -` 1 5- 1983 City Manager's Compen3ation Agreement Continued i In the event of voluntary resignation or death, the City Manager shall receive sevrerance pay based.on the severance plan established in the City Personnel Ordinance. j. in the event of involuntary resignation or dismissal, severance pay based on unpaid accrued vacation leave and six month's salary shall be paid to the City Manager; however, in the event the City !Manager is terminated because of his conviction of any illegal act involving personal gain to him, the City shall have no obligation to pay the aggregate severance sum designated in this paragraph. k. Minnesota State Law provides City Managers with a choice of pension plans: PERA or a deferred compensation fund. The City; of Brooklyn Center will contribute to the qualified fund of the City Manager's choice a dollar amount equivalent to the required PERA contribution CITY OF BROOKLYN CENTER 1983 EMPLOYEE AND CLASSIFICATION PLAN CHANGES TO 1982 PLAN ..,,..-- r ,-- ------- -- - --- -- - -- ---------------- _,.------------------ ..'.. 1. Authorizes Administrative Aid in the Police Department. 2. Eliminates Clerk IV position in Police Department. 3. Authorizes additional Captain in the Police Department.; 4. Eliminates two Patrol Officer positions in the Police Department. 5. Schedule B, Executive Plan Schedule, was increased by 6 %. 6. Schedule C, Supervisory- Professional Schedule, was increased by 6 %. 7. Schedule D, Technical-Clerical Schedule, was increased by 6 %. 8. Clerk V position Maximum Range was increased from T16C to T18C. 9. Clerk IV position Maximum Range was incresed, from T12C to T14C'. 10. Schedule E, Police Officer Schedule, rates remained at 1982 level. 11. Schedule F, Police Sergeant3Schedule, rates remained at 1982 level. 12. Schedule G, Police Clerk Dispatcher. Schedule, was increased by 6 %. 13. Schedule H, Local No. 49 Schedule, rates remained at 1982 level. 14. .Schedule I, Liquor. Stores P/T Schedule, was increased by 6 %. 15.,Schedule J, Employee Benefits Schedule, was changed to reflect a $20 per month insurance contribution for non - organized employees. All other employee groups remained at 1982 level. 16. Schedule K, °Executive - Positions 1983 Salary Maximums, was ,increased by 6% 17 Schedule L, City Manager's Compensation Agreement, was changed to reflect 6% salary increase increase of vacation from three weeks per annum to four weeks per annum; and changed severance pay in;event of voluntary resignation basis from unpaid accrued vacation leave to severance based on that spelled out in Personnel Ordinance for other' City employees. CITY OF BROOKLYN CENTER 1982 EMPLOYEE POSITION AND CLASSIFICATION PLAN SCHEDULE H UNION OF OPERATING ENGINEERS, LOCAL NO. 49 POSITIONS HOURLY RATE SCHEDULE LOCAL - N0. 49 _Yy1i. Mai— fi. Ml. Yi. YM._ ��MiirrrrYKiM .w�YwwY_iw_— _.wwY_____ iii. Y�Y�Yw�►rYiiii.Yrwr��..�iwYwiAiiii PLAN x NOTE: - THE FOLLOWING WAGE SCHEDULE WILL BE IN EFFECT FROM THE FRST PAYROLL PERIOD IN '1983 THROUGH THE LAST PAYROLL PERIOD IN 1983: ►-----i------- --- i---- i--------- iii__i—ii- -iiiii ---- ►i M. rigwi4 _.YY_iiiii.Y.iiii_irY.4__iii HOURLY RATES iii. Y. Y.► i— iiirtiwrti— .Yyi4-- rt---------- ii--- ^ - - - -- AFTER AFTER EMPLOYEE'S EMPLOYEE'S STARTING FIRST YEAR SECOND YEAR POSITIOrt (90 %) (95 %) (100 %) .►iiwrYii--- ..4rti— rt— .w.ii— ice.— .wnN - -- iii.►i.w— iw►Yiiii +�MerY Heavy Equipment Operator 9.63 10.17 10.70 Light Equipment Operator. 9.23 9.74 10.25 Mechanic 9.63 ,' 10.17 10.70 Night Service Person 9.06 9.57 10.07 Maintenance Worker 9.50 10.03 10.56 . ...... i....-- i.► rf — i-- irtirf— YwYi.4iWiWw-- r►i - -i -- iii. w. YiirYiiiiirriiKM. wYii.►---- i-- rYWrY4►�irYiM.ii4PY�iY�►.Y THIS SCHEDULE WILL BE IN EFFECT IF THE CITY COUNCIL APPROVES THE COLLECTIVE BARGAINING --------------- ---i_-- ii--- rY—i---------- -- - --- 'AGREEMENT BETWEEN THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AND THE — "' --"'" - ----- - - -- - ---- - - —r ------- -- --- -- ---------- . w�. i-- �. rYY .�— +r-- .4i�.w_— r.+rr— iw.. —wa CITY OF BROOKLYN CENTER AT TONIGHT'S COUNCIL MEETING. --i- -- ------------- ------------------- -------- .Y.Mw. -11- MEMORANDUM Td: Gerald G. ;Splinter, City Manager FROM: James Lindsay, Chief of Police- DATE: December 15, 1982 SUBJECT-. Liquor License Data for 1982 Attached to this memorandum, please find copies' of the political contributions made by liquor establishments and /or their agents and the list of food /liquor split figures for the preceding twelve months of operation. On the food /liquor split figure sheet you will notice that two operations, the Red Lobster and T. Wrights do not have these figures. That is .because of their late opening dates which are noted on the form. You 'will ' also notice that with the exception of the Earle Brown Bowl and the Lynbrook Bowl, everyone meets the 50/30 requirement. Concerning the Earle Brown Bowl and the Lynbrook Bowl, I have attached other information. As you can see from the letter concerning the Earle Brown Bowl, they have shown ,a steady improvement and during the last two reporting months met the 50/50 requirement by having 56.4% food sales. Their` figures do show a steady progression towards this and hopefully they will be able to hold this percentage. From the three pieces of information attached concerning.the Lynbrook Bowl, you can see that there has been a steady monthly progression there, especially since their grand opening in August. Ili their last reporting month of October they were at 43% food sales, and steadily increasing. L POLITICAL CONTRIBUTIONS INTOXICATING: Earle Brown Bowl None James Madden Jim Swanson - $285.00 /Tom Johnson- $25.00 Green Mill None Ground Round None Holiday Inn: None Lynbrook Bowl None Meriwether's None Red Lobster None T. Wrghts None Yen Ching None CLUB: American Legion None WINE & BEER: Denny's None The Good Earth None BEER: Beacon ;Bowl None Chuck Wagon, Donaldson'-s Withdrew application Happy Dragon None Pontillo's Pizza None Mick Stenson I. R.. General Fund - $25.00/ Durenburger- $25.00 Rocky Rococo None ShowBiz None Taco Towne None _ tr-x 12 -10 -82 1982 LIQUOR LICENSES FOOD /LIQUOR SPLIT FIGURES Establishrnen,t Period Covering Gross $ Amount Food % Liquor % Earle .Brown Bowl 07 -01 -81 to 06 -30 -82 930,632 436 47 493,696 53 Green Mill 12 -26 -81 to 10 -31 -82 1,062,606 746,015 70 316,591 30 Ground Round 10-03 -81 to 10 -01 -82 1,179,990 678,654 58 501,336 43 Holiday Inn 10 -03 -81 to 10 -01 -82 1,167,149 783,668 67 383,481 33 Lynbrook Bowl 03 -19 -82 to 10 -31 -82 151,108 59,282 39 91,826 61 Meriwetier's 09 -28 -81 to 10 -03 -82 2,055,836 1,544,851 75 510,985 25 Rest Lobster Opening Date 11-23-E2 T. Wrights Opening Date - 08-20-82 Yen Ching 04 -01 -82 to 09 -30 -82 123,330 110,969 90 12,361- 10 i 6440 James Circle N. Minneapolis, MN 55430 566 -6250 December 3, 1982 Mr. Jim Lindsay 4 6301 Shingle Creek Parkway Brooklyn Center, MN. 55430 Re: Earle Brown ;Bowl Dear Mr. Lindsay: Enclosed is a breakdown of sales by quarter for Earle Brown Bowl for the period of October 1, 1981 to September 30, 1982. This breakdown corresponds to the letter you have received from our accountants,.Stirtz, Bernards & Casey. Lounge Sales Food Sales Food 1 10/81 12/81 $'162,238.66 $ 96,515.11 37.3% • 1/82 - 3/82 148,706.00 122,135.31 45.1! 4/82 6/82 111,928.83 126,450.11 52.9% 7/82 - 9/82 70,822.85 91 56.4% 493,696.34 436,935.75 46.9% Sinc Tely, ames E. Madden President JEM : j cm a 24 LANES ae"ew4w Toed Telephone: 561 -4240 • 6357 NORTH LILAC DRIVE • MINNEAPOLIS, MINN. 55430 November 1, 1982 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Res Renewal - Liquor License Gentlemen: With reference to the attached report of sales from the Restaurant and Lounge, we would like to point out that our sales from the restaurant, although presently running less than the sales from the lounge, are increasing steadily. Our August sales were $4,428; September $8,966; October $9,686. We feel sure that this pattern will continue and by the first of the year use will be able to demonstrate a more balanced sales figure. Sincerely, Steven teVon President LYNBROOK BOWL • MEMORANDUM TO File FROM: Barb Pietrzak DATE: November 15, 1982 SUBJECT: Lynbrook Liquor License It should be noted on this license that although they were granted their license in March of 1982, they did not hold their grand opening for their restaurant until August of 1982. It has been since their grand opening that the restaurant food sales have increased. f 24 LANES Telephone: 561 -4240 ; 635 C 7 NORTH LILAC DRIVE • MINNEAPOLIS, MINN. 55430 December 13, 1982 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, M 55430 RE: Renewal Liquor License Gentlemen: With reference to the percentage of food sales in our restaurant we wish to inform you that in September the food sales were 41% of the total sales and in October were 43 %. We feel that this increased percentage is indicative ofa trend showing a more favorable amount of food sales. Sincerely, Steven Nelson i I ` MEMORANDUM TO: Gerald Splinter, City Manager FROM: -James Lindsay, Chief of Police e DATE: December 9, 1982 SUBJECT: Police Department Liquor License Annual Report This report is a summary.of -all Police Department actions taken in and around all liquor establishments holding on -sale liquor licenses and on--sale wine and nonintoxicating liquor licenses within the City of Brooklyn Center. The reporting period for this report is.Janu- ary 1 1982, to October 31, 1982. There are eighteen (18) establishments included in this report which is two (2) more than 'last year. In the 1982' reporting period, the number of total incidents to establishments showed a- slight decrease from a grand total of 484 in 1981 to 457 in 1982. Of these totals, there were 54 parking violations in 1981 and 140 parking violations in 1982 for a final net -call difference of 430 in 1981 and 317 in 1982, or a 25% approximate decrease. I P In 1 h i 982 the of D with Police Department continued d i lose contact he w t t p c t nue is c management.of all establishments and continued their informative meetings in areas of license requirements, first aid, CPR and the handling of checks and other related commercial needs. There have been fewer changes in ownership and management in the calendar year 1982 than in the recent past with only one (1) major charge in owner- ship of a liquor establishment and two (2) major new establishments within the City of Brooklyn Center.- The two (2) new establishments, Red Lobster and T. Wright's, are included in this sLrnmary since they have not developed enough history to establish any -sort of pattern. A quick check of the past month's record does not show eitherof them to have caused any major problems', but, again, it is too soon to tell. Below is a table which lists the past five (5) years' experience?in calls and the number of establishments over that same time period for corresponding years. I -2 YEAR NUMBER OF ESTABLISHMENTS NUMBER OF INCIDENTS 1978 12 117` (.7 tags) 1979 13 296 (17 'tags) 1980 14 368; (79 ;tags) 1981 16 484 (54 tags.) 1982 18 (19 as of Dec..l) 457(140 tags) 1. THE AMERICAN LEGION CLUB 4307 70th Avenue North There were only two (2) reported incidents at the American Legion Club during the reporting period. Neither of these was of any'signifieanee nor were they liquor related. Therefore, the Police Department can see no problem with this license in 1982. 1 - `Larceny 1 - Miscellaneous Officer 2. THE BEACON BOWL - 6525 Lyndale Avenue North There were two (2) reported incidents at the Beacon Bowl during the re- porting period in 1982, neither of which was a,liquor related violation. The Police Department, again, can see no problem with the management of this establishment. 1 - Bike Theft l - Larceny 3. THE CHUCK WAGON INN - 5720 Morgan Avenue North There were no reported' incidents at the Chuck Wagon Inn during the re- porting period in 1982. i 4. DENNY'S RESTAURANT 3901 Lakebreeze Avenue North There were 19 reported incidents at Denny's Restaurant during the re- porting period. None of these were liquor related violations and, therefore, the Police Department has no problem during 1982 with the management of Denny's Restaurant.' 11 Miscellaneous Officer 1 Vandalism 1 - Handicap 1 - Larceny 3 Medical 2 - Lockout 5. DONALDSON'S RESTAURANT - 1200 Brookdale Center There were no listed calls to Donaldson's Restaurant during the report - ing.period in 1982. • -3 6. THE EARLE BROWN BOWL 6440 James Circle There were 50 reported incidents at the Earle Brown Bowl. Of these, three '(3) could be directly connected with the liquor license there and those were fight calls in the bar and immediately outside at closing time. All the calls occurred during the early part of the year,; prior to the time that the management of the Earle Brown Bowl completed the change -over from a "working man's bar" type atmosphere and changed to a "supper club" type atmosphere. Since the remodeling, there has been no reoccurence of this type of call and it would appear that the clientele is better controlled or better mannered with the new format. 16 - Miscellaneous Officer 7 - Larceny 11 - Handicap Parking Tag 3 - Fight 5 Vandalism 1 -'Auto Theft 1 - Car Fire; 4 Accident 2 Bike Theft 7. THE GOOD EARTH RESTAURANT - 5717 Xerxes Avenue North; There were four 4 calls to this restaurant during the reporting per iod, none of which was liquor related and, therefore, the Department sees no problem with this liquor license. 8. THE 'GREEN 'MILL - 5540 Brooklyn Boulevard s This is the first reporting peripd for this particular liquor license and there were 57 calls to this establishment, although, vast major- '` ity, 44, were handicap parking tags which leaves only 13 other calls. Three (3) of these calls involved liquor related offenses and they were a Disorderly, Conduct call and two (2) Assault calls, all involving,drink- ing parties. The management of the Green Mill has, at times, exhibited a reluctance to work with the Police Department, although, up to this point, it has not created great problems. l - Medical 44 - Handicap' Parking Tags .7 - Miscellaneous Public 2 - ;Larceny 1 - Disorderly Conduct - (1 arrest) 2 - Assault �. 4 9. THE GROUND ROUND 2545 County Road 10 There were 22 calks to this liquor establishment during the reporting period, two (2) of which were alcohol related and both of which re- sulted in an arrest. There has not been a problem with the manage - ment of this liquor establishment and we foresee no problems in the future. 12 - Miscellaneous Public 2 - Handicap Parking Tat 3 - Alarm 1 Disorderly C o nduct - (1 arrest) 1 DWI (1 arrest) 1 - Auto Theft 2 Accident 10. THE HAPPY DRAGON .RESTAURANT - 5532 'Brooklyn Boulevard There were no reports of any incidents at the Happy Dragon during the 1982 reporting period. 11. THE HOLIDAY INN - 1501 Freeway Boulevard There -were 148 incidents requiring service at the Holiday Inn during the 1982 'reporting period. Of `the 148, 53 were parking violation tags, leav ing a net of only 95 calls for service in this.1982 reporting; period, Of these 95 calls, five (5) of them could be considered liquor related. Three (3) were domestics;` two (2) were fights, with one (1) of the fights resulting in an arrest. Again, there does not appear to be a problem with the management -of this establishment, 53 - Handicap Tags 55 - Miscellaneous Public 3 Domestic l Auto Theft 2 - Fight - (1 arrest) 5 Fire 5 Medical 2 Auto 'Theft >- 4 Vandalism 2 Accident 9 -- Larceny 2 Account Closed Check 2 Found Property 1 Sex Offense 1 - Forgery • 1 - Warrant Arrest (1 arrest) 12. THE LYNBROOK BOWL - 6357 North Lilac Drive � There 109 reported incidents which required police action at the Lyn- brook. Bowl in the- 1982 reporting period. Of these, there were 12 parking violations of either handicap or fire lane violations. There were six (6) liquor related incidents, . three (3) Assaults and three (3) Disturbing the Peace calls. Two (2)' of the Assaults resulted in arrests. The Police Department has enjoyed 'a very good working re- lationship' with the management of the Lynbrook.`Bowl` and sees no problem with this particular license. 29 - Larceny 5 Handicap Parking Tag 7 Fire Lane Parking Tag' 34 - Miscellaneous Pub -tic 4 - Expired Registration - -A 3 Accident c t 12 Vandalism 3 - Assault (2 arrests) 1 - Indecent. Conduct 3 - Disturbing the Peace 1 - Medical 1 - Fire 2 - Found Property 3 - Auto Theft 1 - Careless Driving 13. MERIWETHER'S RESTAURANT 2101 Freeway Boulevard There were 26 incidents requiring police action at Meriwether' Res - taurant in the 1982 reporting period. Of these, 15 were for Handicap Parking, leaving a total of 11 other types of calls. < None of the other calls involved a Liquor related incident and there has been no problem in 1982 with this liquor license, 15 - Handicap Parking Tags 2 Fire Lane Parking Tags 6 - Miscellaneous Public 1 - 'Medical 1 - Lost Property l -' Check Fraud 14. PONTILLO`S 5937 Summit Avenue North There were eight (8) reported incidents at this particular liquor lic- ense during the 1982 reporting period. None of these were directly liquor,related and the staff does not feel that there is a problem with this particular liquor license. 1 Handicap Parking Tag 2 - Miscellaneous Public 1 - Burglary 1 - Vandalism - 1 - Property Damage Accident 1 - Found Property 1 - ` Bike _ The f t 15. SHOWBIZ PIZZA;- 5939 John Martin Drive There have only been four (4) calls to the'ShowBiz Pizza establishment during the reporting period, none of which were liquor related. There has been no problem with this particular liquor license during 1982. 2 - Alarm 2 - Larceny 16. 'TACO'TOWNE 6291 Brooklyn Boulevard There were four (4) calls to Taco Towne during the 1982 reporting per - iod. None of ,these were liquor related and there has not been any problems with this particular establishment. 4 - Miscellaneous Public 17. T. WRIGHT'S 5800 Shingle Creek Parkway There have been no calls to this establishment during the `reporting period. This establishment did not open for business until late, in the year and, therefore, has not established any history with the De- partment. 18. YEN CHING MANDARIN RESTAURANT - 5900 Shingle Creek Parkway There have been two (2) calls to the Yen. Ching Restaurant during 'the 're- porting period, neither of which was a liquor related call. There does not appear to be any problem with this establishment. 2 - Miscellaneous Public 19. OFF -SALE ESTABLISHMENTS The Police Department does not maintain a separate file for off -sale j establishments, but a cursory check through our general files and in concert with administrative staff and supervisory staff of the Police Department, it is felt that there have been no problems with the off- sale establishments and their sale of nonintoxicating malt beverages. A listing of these off -sale establishments is as follows: -7- Brookdale Super Valu Brooklyn Center Country Boy Brooks` Superette Country Club Market Red Owl Country Store (both locations) .Rog and Jim's Two (2) Super America Stores 7- Eleven at 69th and Humboldt Avenue North' F • Member introduced the <following '_resolution and moved its' adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR THE PURCHASE OF 30,000 GVW TRUCK A WHEREAS, pursuant to an advertisement for bids for the _purchase of a 30,000 GVW truck, bids were received, opened, and tabulated on the 17th day of December, 1982, said tabulations as follows: Bid Northstar International Trucks, Inc. $21,213 Superior Ford, Inc. $22,344 GMC Truck Center $22;758 Boyer Ford Trucks $23,012 and; WHEREAS, the Director of Public Works has advised the City Council that the bid received from Northstar International Trucks, Inc., does not meet the specifications: and WHEREAS, it appears the bid of Superior Ford, Inc., of Minneapolis, in the amount of $22,344 is the lowest responsible bid meeting the specifications and which is in the best interest of the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the bid of Superior Ford, Inc., of Minneapolis, in the amount of $44,344 is hereby accepted. The Mayor and City Manager are hereby authorized and directed to enter into contract for the purchase of said equipment in accordance with the terms of the specifications. Date Mayor ATTEST: 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. +� A& ( DR RELATIONS ASSOCIATES. INC, 7501 G­ , !or: •!'y �ts.u! GOIdt'.11 Valley. Minnesota 55427 _ 612/546 -1470 December 17, 1982 TO: CITIES REPRESENTED BY THE METROPOLITAN AREA MANAGCMIENT ASSOCIATION (MAMA:) IN THE MULTI - EMPLOYER RELATIONSHIP WITH THE INTERNATIONAL UNION OF OPERATING ENGINEERS ('IUOE), LOCAL NO 49 FROM: C. F. Smythe, Consultant MAMA SUBJECT: LABOR AGREEMENT WITH IUOE, LOCAL NO. 49 Enclosed is a copy of the MASTER LABOR AGREEMENT with IUOE, Local No. 49 for calendar years 1983 and 1984. Please note that the MASTER LABOR' AGREEMENT' freezes all term and conditions o f employment covered by the MASTER LABOR AGREEMENT through December 31, 1984 except wage rates and City health and life insurance `costs. The LOCAL ADDENDUM in each city is extended without change through June 30,_ 1983 and termiinrated on that that date unless amu tual.ay extended. Thus, no LOCAL ADDENDUM agreement will exist without individual City - Local 49 agreement on LOCAL ADDENDUM extension past June 30, 1983 Individual cities are therefore free to make such changes as they deem I_ appropriate in the event no local agreement is reached ,by that date until a new local agreement is reached. If you have any questions please cull. CFS:hfc Encl. t MEMORANDUM OF UNDERSTANDING BETWEEN THE METROPOLITAN AREA 'MANAGEMENT ASSOCIATION (MAMA) REPRESENTING THE CITIES OF: Blaine Eden Prairie New Hope Brooklyn Center Edina" Oakdale B Park Fridley Richfield Burnsville Golden Valley Robbinsdale Circle Pines Hopkins Roseville Columbia Heights Minnetonka St. .Anthony Cottage Grove Mounds View St.'.Louis Park Crystal White Bear Lake AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL NO. 49, AFL -CIO TERMINATION OF AGREEMENT Thirty (30) days after the date of the issuance by the arbitrator of the award in the grievance arbitration case PERB'NO. 83- PP --19 -B between the City of Columbia Heights and IUOE, Local No. 49, all agreements, MASTER and Local Addendum between the twenty -three (23) cities listed above and.IUOE, Local No. 49 shall terminate unless MAMA and IUOE, Local No. '49 mutually agree to reinstate and continue the MASTER AGREEMENT and Local Addendum. FOR FOR OE, L O. 49: All, Dated this .day of Dat this )_ day of 1982. 1982. MASTER LABOR AGREEMENT BETWEEN THE METROPOLITAN AREA MANAGEMENT ASSOCIATION (MAMA) REPRESENTING THE CITIES OF: Blaine Eden Prairie New Hope Brooklyn Center Edina Oakdale Brooklyn Park Fridley Richfield Burnsville Golden Valley Robbinsdale Circle Pines Hopkins Roseville Columbia Heights Minnetonka 'St. Anthony Cottage Grove Mounds View St. Louis Park Crystal White Bear Lake AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL NO. 49, AFL -CIO JANUARY 1, 1983 DECEMBER 31, 1984` e�� TABLE OF .CONTENTS ARTICLE PAGE I PURPOSE OF AGREEMENT . . . 1 II RECOGNITION 2 III UNION SECURITY . . ,. . . . . . . . 2 IV EMPLOYER SECURITY'. . . . . . . . . 3 V EMPLOXER­A- UTHORITY . . .' . . . . . 3 VI EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE . . 3 VLI DEFINITIONS . <' ... . . . . . . . . . . 9 VIII SAVINGS CLAUSE . 10 I-X WORK SCHEDULES . . ". . . . . . . . 11 X OVERTIME PAY . . . . . . ., . . . 12 XI CALL BACK . . . . . . . . . . ` . . ` 12 XTI LEGAL DEFENSE'. . . . . . . . . . . 12 XTLI RIGHT OF SUBCONTRACT . . . . . . . 13 XIV DISCIPLINE . 13 } XV SENIORITY . 13 XVI PROBATIONARY PERIODS . . . . .`. . -14 XVII SAFETY . . . . . . . . . . . . . . . . . 14 XVIII JOB POSTING . .. 14 XIX INSURANCE 15 XX HOLIDAYS . . 16 XXI SCOPE OF 'AGREEMENTS . . . . . . .' . . . 16 XXII WORKING OUT OF CLASSIFICATION . 16 XXIII WAIVER . . . . . . . 17 XXIV DURATION . . . . . . .. . . . . . . . 18 APPENDIX A WAGES . . 19 APPENDIX B LOCAL ADDENDUM . . . . . . 20 -1- LABOR AGREEMENT BETWEEN THE CITY OF AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL- CIO ARTICLE I PURPOSE: OF AGREEMENT This AGREEMENT is entered into between the City of hereinafter called the EMPLOYER, and Local No. 49, International Union of Operating Engineers, AFL -CIO, hereinafter called the UNION The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and /or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties` agreement upon terms and conditions of employment for the duration of this AGREEMENT.' The.EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to 'the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. _1_ r ARTICLE II` RECOGNITION The EMPLOYER recognizes the,UNION as the exclusive representative under Minnesota Statutes, Section 179:71, Subd. 3' in an appropriate bargaining unit consisting of the following job classifications: ARTICLE III UNION-SECURITY In recognition of the UNION as the exclusive representative the EMPLOYER shall: 3.1 Deduct each payroll ,period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 3..2 Remit such deduction to the appropriate designated officer of the UNION. 33 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER; in writing of such choice. 3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action -taken or not taken by the City under the provisions of this Article. -2 - ARTICLE IV EMPLOYER SECURITY - The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number. of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate., ARTICLE VI' EMPLOYEE RIGHTS GRIEVANCE PROCEDURE 6.1• DEFINITION OF A GRIEVANCE A grievance is.defined as a dispute or'disagreement.as to the interpretation or application of the specific terms and conditions of this AGREEMENT. -3- 6 2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated b the g P 9 Y UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. 6.3 PROCESSING OF A GRIEVANCE it is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as.hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours ;only when consistent with such EMPLOYEE duties' and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss-in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated* supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 6.4 PROCEDURE Grievances, as defined, by Section 6.1, shall be resolved in conformance with the following procedure: -4- Stela '1 . An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT s all within twenty-one 21 calendar da s after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER - designated representative will discuss and give an answer to such Step 1 grievance within ten (10) 'calendar days after receipt. A grievance not resolved in Step l and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to-.Step 2 within ten (10) calendar days after the EMPLOYER - designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2 . If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER'- - designated Step 2 representative. The EMPLOYER- designated representative shall give the UNION the EMPLOYER'S Step ,2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance A grievance npt resolved in Step 2 may be•appealed to Step•3 within ten (10) calendar days following the EMPLOYER- designated representative's -5- { final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) `calendar days shall be considered waived. Step 3 . If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -- designated Step 3 representative. The EMPLOYER- designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10') calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 -may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER- designated represen'tative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4 . A grievance unresolved in Step 3 and appealed in Step '4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer An Step 4. Any grievance not ;`appealed; in writing to Step 5 by the UNION within ten (10,)•calendar days shall be considered waived. Step A grievance unresolved in Step 4 and appealed in Step ,5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor -6- Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. fi .'S ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend,, modify, nullify, g ' i r " nore add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) 'submitted in writing by the EMPLOYER and the UNION, and shall,have make a decision on an other issue not so i no authority to Y Y submitted'. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or - varying in anyway the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless . the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this,'AGREEMENT and to the Facts of the grievance presented. _?_ C. The.fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If,either party desires a verbatim record of the proceedings, it may cause such a record to be made,` providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 6.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time = limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S' last answer.; If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance.to the next step. The time limit in each step may be extended by mutual agreement. of the EMPLOYER and the UNION. 6.7 CHOICE OF REMEDY If, as a result of the EMPLOYER response in Step 4, t::e grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who.has completed `th` ,required probationary period, the grievance may -S - be appealed either to Step 5 of ARTICLE VI or a procedure such as: Civil Service, Veteran's Preference, or Fair 1 Employment., If appealed to any procedure other than Step 5 f of ARTICLE IV the grievance is not sub1ect to the arbitration procedure as provided in Step 5 of ARTICLE VI. The aggrieved employee shall,indcate in writing which procedure is to be utilized - -Step 5 of ARTICLE VI or another appeal procedure - -and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of ARTICLE VI. ARTICLE VII DEFINITIONS 7.1 UNION The International. Union of Operating Engineers, Local No. 49, AFL- CIO 7.2 EMPLOYER The individual municipality designated by this AGREEMENT. 73 UNION MEMBER A member of the International Union of Operating Engineers, Local No. 49, AFL -CIO. 7.4 EMPLOYEE A member of the exclusively recognized bargaining` unit. 7.5 BASE PAY RATE The employee's hourly pay rate exclusive of longevity or any other - special allowance. 7.6 SENIORITY Length - ;of_ continuous service in any of the job classifications covered by ARTICLE II RECOGNITION. Employees.who` are promoted from a job classification covered by this AGREEMENT and return to a job classification covered by this AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for purposes of promotion, transfer and lay off and total,le.ngth of service with the EMPLOYER for other benefits under this AGREEMENT. 7.7 SEVERANCE PAY Payment made to an employee upon honorable termination of employment. 7.8 OVERTIME Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty -four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.9 CALL BACK Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned, shift is not a call back. j ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this AGREEMENT' shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no-appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the 'request of either party. -10- ARTICLE IX WORK 'SCHEDULES 9..1 The sole authority is work schedules is the EMPLOYER. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours Monday through Friday• 9.2 Service to the public may require the establishment of regular shifts for some 'employees on a daily, weekly, seasonal, or annual basis other than the normal 8:00 -4:30 day. The EMPLOYER will give seven (7) days advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. 9.3 In the event that work is required because of unusual • circumstances such as (but not limited 'to) `fire, flood, snow:, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours, however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and /or Sundays. 11 .. ARTICLE X OVERTIME PINY ✓ 10.1 Hours worked in excess of eight 8) hours within a twenty -four ('24) hour, period ('except for shift changes) or, more than forty (40) hours within a seven (7) day period will be compensated for at one and one --half (1 -1/2) times the employee's regular base pay rate. 10.2 overtime will be distributed as equally as practicable. 10.3 Overtime refused by employees will for record purposes under ARTICLE 10.2 be considered as unpaid overtime worked. 10.4 For the .purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. ARTICLE XI CALL BACK An employee called in for work at a time other than the employee's normal- scheduled shift will be compensated for a minimum of two (2) hour's' pay at one and one -half (1 -1/2) times the employee's base pay rate ARTICLE XII LEGAL DEFENSE 12.1 Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipalit, . 12.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts --12_ performed within the scope of the employee's employment, when such act is performed in good faith and under direct order of the employee's supervisor, shall be reimbursed for reasonable G attorney's fees and court costs actually incurred by such f employee in defending against such charge. ARTICLE XIII RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE XIV DISCIPLINE` The EMPLOYER will discipline employees only for just cause. ARTICLE XV SENIORITY 15.1 Seniority will be the determining criterion for transfers, promotions and lay offs only when all job- relevant qualification factors are equal. P . 15.2 Seniority will be the determining criterion for recall when the job - relevant qualification factors are equal. Recall rights under this provision will continue for twenty -four (24) months after lay off. Recalled employees shall have ten (10) working days ,'after notification of recall by registered mail at the empioyee's last known address to report to work r or forfeit all recall rights. -13_ ARTICLE XVI PROBATIONARY PE. ZTOnS newly hired or rehired employees will serve a six (6) 16._1 All ne y _ months' probationary period. 16.2 All employees will serve -a six (6) months' probationary period in any job classification in which the employee has not serve a probationary period. 16.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 16.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE XVII SAFETY The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. F f. p ARTICLE XVIII JOB POSTING 18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants 18.11 have the necessary qualifications to meet the standards of the job vacancy; and ' _14_ i 18.12 have the ability to perform the duties and responsibilities of the -job vacancy. 18,2 Employees filling a higher job .class based on the provisions` of this ARTICLE shall be subject to the;'coinditions of ARTICLE XVI (PROBATIONARY PERIOD). 18.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XIX INSURANCE 19.1 The EMPLOYER L will contribute up to a maximum of one hundred and twenty -five dollars ($125.00) per month per employee for group health and life insurance' including dependent coverage.' 19.2 By mutual agreement employees may use ten 6ollars ($10.00) of the $125.00 per month per employee of health insurance dollar's for dental insurance for all unit employees. 19.3 Employees not choosing dependent coverage cciannot be;covere.d at EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be purchased by employees at the C 9 employee's e::pense to the extent allowed ur Ber the EMPLOYER'S 4 group policy. -15= w. JD ARTTCLE XX HOLIDAYS The EMPLOYER will provide eleven ('11) pai.d holidays. ARTICLE XXI SCOPE OF AGREEMENTS No addendum to this MASTER AGREEMENT can be in conflict with this MASTER AGREEMENT. ARTICLE XXII WORKING OUT OF CLASSIFICATION Employees required by the EMPLOYER and who are adjudged by the EMPLOYER 'to be qualified to operate the - following items of equipment will be paid the Heavy Equipment Operator rate of pay for E those hours assigned to the 'unit: k f -16- O ARTICLE XXIII WAIVER 23'.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. - 23.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives -the < right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. -17- ARTICLE XXIV DURATION This AGREEMIENT shall be effective as of January 1, 1983 and shall remain in full force and effect until the 31st day of December, 1984' , except that either party may reopen for negotiations for calendar 1984 the wage rates in APPENDIX A and the dollar insurance amount as shown in ARTICLE 19.1 and 19.2.- IN WITNESS WHEREOF, the 'parties hereto have executed this AGREEMENT on this day of c 3 mt'Jr ^ 198 . FOR THE METRO OLITAN AREA MAN GE NT- SOCATTON (MAMA): FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL: 0: f , 1 j 1 FOR THE CITY OF l i -18- APPENDIX A WAGES A. The following wage schedule will be in effect from the first payroll period in 1983 through the last payroll period in 1983: Heavy Equipment Operator . $ 10.70 Light Equipment. Operator $ 10.25 B. New employees will start at a wage rate equal to ninety percent (90 %) of the contract rate for the job classification into which the employee is hired for the employee's first year. This rate will increase to ninety -five percent (9$ %) of the contract rate for the employee's second year, and move to the contract rate for the employee's third year of employment. -19- 4 APPENDIX E3 LOCAL ADDENDUM This supplementary agreement is entered; into between the City of and the International Union of Operating Engineers, Local No. 49, AFL -CIO, for the period beginning January 1, 1983 and terminating on June 30, 1983 unless renewed or extended by mutual agreement of the parties. Nothing in this supplementary agreement may be in conflict with any provision of the MASTER AGREEMENT between MAMA, the City of and I.U.O.E., Local No. 49, AFL -CIO. In the event of conflict the MASTER AGREEMENT will prevail. i i -20- M & C No. 82 -10 December 17, 1982 FROM THE OFFICE OF THE CITY MANAGER CITY OF BROOKLYN CENTER Subject: Update on Impact of Recent State Budget Cuts To the Honorable Mayor and City Council: Enclosed please find a copy of a recent Action Alert from the League of Minnesota Cities which basically describes the recent special session legislative action relating to the State of Minnesota budget crisis. While I believe the memorandum is reasonably clear, the impact on Brooklyn Center will result in a'loss of approximately an additional $46,000 in State aid which should have come to the City for the 1982 budget year. This, combined with losses in homestead revenues from the State announced early this year of $40,000 and short- falls in building permits and some minor shortfalls in other areas,represent -an estimated $100,000 shortage in these areas for the 1982 Brooklyn Center Budget. The impact of this shortage is` somewhat ' nullified by additional revenues from other sources and careful financial management by our department heads through 1982, resulting in lesser expenditures than projected. The net result is that we estimate, and I want to emphasize ".estimate ", the 1982 Brooklyn Center Budget will end 'up with a surplus somewhere between $40,000 and $50,000. Again, I want to emphasize that we are estimating and we will not know the final figures until mid' January of The other impact the Council should be aware of is that since the State of Minnesota has found itself in financial difficulty, they have delayed their local aid payments to municipalities until after July, which is midway in our 'fiscal year. We also receive our property taxes sometime after mid year. < This mans we must finance our operations for approximately six months without local government state aids or property taxes. This particular aspect impacts on our need for operating cash to cover our costs during the first six months of any year. A further aspect of the current "Minnesota financial crisis" is that I don't believe we have heard the last of it. I believe the State Legislature when it reconvenes in 1 83 will find itself` dealing with further crisis situatiohs and my personal crystal ball tells me that some of our state aid in 1983 will also be. in jeopardy of being cut. We have, on `instructions from the City Council, reviewed various alternatives`' and methods of cutting City expenditures. The Council has also instructed my office to try and avoid layoffs of personnel and try to handle any cutbacks in personnel through attrition. I firmly believe this is a sound `way of handling any cutbacks which may become necessary. However, if we are to plan ahead for handling future cutbacks, I would recommend to the Council..that they instruct my office to':review and report on the feasibility of establishing an early retirement incentive program for Brooklyn Center employees. These types of programs have been widely used in private industry to encourage early retirement of employees to avoid layoffs. I have collected some information regarding these,types.of programs; while municipalities don't have the legal lattitude that private industry has, there are some public early retirement M & C No. 82 -19 -2_ December 17, 1982 incentive programs in operation and they have been reasonably successful in accomplishing staff reductions through attrition. If the Council finds a type of plan of this nature feasible after I have reported,and on further study of the matter, it could be a key supplement to your program of avoiding layoffs and "handling staff reductions through attrition. My initial review indicates that a cost effective plan can be developed and implemented` early in 1983. Respectfully submitted terald G. Splin r City Manager CITY OF BROOKLYN CENTER i �`` j s F a33 1w" ? �b December 10, 1932 TO: Mayors, Managers, and Cleric From: Don Slater;, Peggy Flicker, and Peter Tritz RE: STATE BUDGET BILL PASSED The 1egi si ature today approved a bill to solve the state budget crisis. Thts bill is a slightly modified version of the bill that was turned down by the House on December 7. I. EFFECT ON CITIES The bill has two major effects on cities: 1. Local government aid cuts. Cities' December payments of homestead credit, local government aid and attached machinery aid will be reduced by a total of $5.78 mi 11 i on.. Each ci ty's December check wi 11 be cut , by an amount equal to 1.15% of the sum of its local government aid (not i ncluding homestead credit reimbursement)'and its payable 1982 levy limit. The actual payment of the December aid and credit will be delayed one week, to December 22 2. Pension funding changes During all of ``calendar 1983, city employees will be required to contribute an additional 2% of salary to PERA.: (This is reduced from the -2,% ori ginally proposed. This brings a. "coordinated" employee's total PERA contribution to 6%. The city wi l l'. Conti nue' to make i`ts 5 %' contribution for "coordinated" members to PERA as well. PERA'wiil then pay to the state general fund an amount equal to 4% of salary, for the first six months of 1983. Members of PERA police and fire fund and "basic" fund wi be similarly treated; i .e. , they will contribute an additional ..% of their 1983 salary to PERA, passed assed . which will will be on to the state. members of all other public pension plans, including local police and fire relief associations, the Minneapolis municipal employees' retirement fund, the state employees` retirement system, the teachers' retirement plan, the legislators' retirement system and the judges' retirement system will also make the same additional 2% contribution, The additional 2% contribution is treated by PERA as an employee contribution; thus, if the employee leaves his job, he may withdraw his entire 6% contribution from PERA. The bill also provides for restructuring of PERA so that the empl„oyee's entire .6% contribution will be deductible for federal income tax purposes. (The federal deductibility is contingent on a favorable IRS ruling. However as restructured the plan appears to meet the IRS requirements, and thus a favorable ruling is expected.) 18 C ,i E� `1 ) `� ? -56OD (OVER) These contributions are subject to the state income tax, however. II. TAXES i ncome ta x. The bill increases state income ,taxes by imposing an additional 3% surcharge bringing the total surcharge to 101; as it stands the surchage will expire June 30. Sales tax. The bill raises the sales tax to 6°j for January 1 through June 30. The bill does not make clothing taxable, or contain other broadening features. Provisions in the origina <sl bill for a 6� telephone tax were elminated. property tax The original bill would have moved the property tax payment dates up one month. These'prdvisions were dropped from the bill as passed. III. - OTHER CUTS,. AND SHIFTS The bill includes other cuts as follows: school aids, $17 million; state agencies and institutions, $46 million; county, township, and special district aids x$8.3 million. The bill al so shifts $100 million of school aids into the next biennium. COMMENTS Final passage of this bill in the House occured by a bare 68 -57 majority. For cities, passage of the bill was crucial because of the Governor's announcement Friday that if no bill was massed, he would unal l of the entire amount of cities' ' December aid and credit payments. Earlier indications had been that cities would share equally with other entities in taking ° Q Y g a 29/ cut. The announcement that all of the December money was at stake raised cities ante from about $16 million to nearly $50 million. Despite the amendment decreasing the employees' PERA contribution from 2A to 2%, a 20% reduction, there was still strong opposition to this bill from most public employee unions. City officials shout d recogni ze that it was difficult for legislators to vote for this bill. City officials certainly will find distasteful the ,idea of the state in effect stepping in and adjusting cities' payrolls. ' Nevertheless, the end result presents the least institutional damage to cities. DAS :PT:Iw Iii r,ill., to appG rov�_,d by tho '' x C €,until c:n G =ec:c itA - )er 20, 1982 Budgc:te I Motel 6415 James Circle Director of Planning and Inspection Al USE %LENT_ DEVICE - VENDOR'S LICENSE Carousel International Corp. 19 Zinzer Court K -Mart 5930 Earle Brown'Dr. Century Corporation 2910 W. Montrose Ave. r� K -Mart 3600 63rd Ave. N. z f of Police BENCH LICENSE U.S. Bench Corporation 3300 Snelling Ave. 1 1A ' " ±l City Cle k �w BOWLING ALLEY LICENSE Beacon Bowl 6525 Lyndale Ave. N. , Earle Brown 'Bowl 6440 James Circle N. c City Clerk CIGARETTE LICENSE T J Enterprises 2367 University Ave. N. Dayton's Home Store 5701 Xerxes Ave. N. Schmitt Music` 2400 Freeway Blvd. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Beacon Bowl 6425 Lyndale Ave. N. Brooks Superette 6800 Humboldt Ave. N. Consumer Vending 2727 26th Ave. S. Bridgeman's 6201 Brooklyn Blvd. Earle Brown Bowl 6440 James Circle Inter City Oil _63rd Brooklyn Blvd. Midwest Vending Company 8645 5tn Ave. S.. Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Theisen Vending 3804 Nicollet Ave. S. Meriwethers 2101 Freeway Blvd. T- Wrights 5800 Shingle Cr. Pkwy. Thrifty- Scott Motel 6445 James Circle` Bill West 76 Station 2000.57th Ave. N. Woodside Enterprises 2500 Nathan Lane' Poppin Fresh Pie Shop 5601 Xerxes Ave. N. �.: �/ �A City Clerk (� COMMERCIAL' KENNEL LICENSE Brookdale Pet Center Brookdale Center` Brooklyn Pet Hospital 4902 France Ave. N. /`t1C� - V. , unitarian GASOLINE SERVICE STATION LICENSE Big -Bi Service Station 5710 Xerxes Ave. N. Brooklyn Center City ,Garage 6844 Shingle Cr. Pkwy. "Brooklyn Center Mobil 6849 Brooklyn Blvd. Brooklyn Center Post Office 6848 Lee Ave N. Brooklyn Center Shell 6245 Brooklyn Blvd. GA SOLI N E '7ICE STATION LICEN coat' d Broo7;lytz k z . Vic_ ..i� r 001 BrcakIYn Blvd. Christy's Auto Service 5300 Dupont Ave N. Davies Wat <�r Equipment 4010 I akvb. -eeze Ave. N. Howe, Inc. 4821 Xerxes Ave. N. Humboldt Avenue Service 6840 Humboldt Ave. N. Inter City Oil 63rd Brooklyn Blvd. Metropolitan Transit Commission 6845 Shingle Cr. Pkwy Munn ; Black . Top, ,Inc. 3601 48th Ave. N. Northern States 'Power Co. 4501 68th Ave. N. Ralph' Service 6601 Lyndale Ave'. N. 7- Eleven Food Stores 1500 69th Ave. N. Super America Service Station 6545 W. River Rd. Super America Service Station 1901 57th Ave. N. Uncle Bob's Quik Six 6600 Lyndale Ave. N. Vicker's Minnesota Oil Co. 6830 Brooklyn Blvd. City Clerks j LODGING ESTABLISHMENT LICENSE Marc's Budgetel - 6415 James Circle S� 9 * tkAz::n�� Sanitarian MECHANICAL SYSTEMS LICENSE Kramer Heating 7161 Yucca Circle Preferred Sheet ,Metal Inc'. 90 W. Woodlynn Ave. Riccar Heating 3695 162nd In. N.E. Buildin,g Official s: NONPERISHABLE VENDING MACHINE LICENSE' Coca Cola Bottling Midwest Inc. 1189 Eagan Industrial Rd. Bermel SmabY 6500 Brooklyn Blvd. A A , Sanitarian NURSHING HOME LICENSE Maranatha Conservative Home 5401.69th Ave. N. City Clerk) OFF NONINTOXICATING LIQUOR LICENSE Brooks Superette 6804 Humboldt Ave. N. ^ City Clergy ON CLUB LIQUOR LICENSE Brooklyn Center Am. Legion 4307 70th Ave. N. f of Police C f ON -SAI:E INTOXICATING LIQUOR LICENSE Earle Brown Bowl 6440 James Circle General Mills Restaurant Group 6770 Lake Ellenor`Dr. Red Lobster 7235 Brooklyn Blvd. Green Mill, Inc. 5540 Brooklyn Blvd. Ground Round Restaurant 2545 County Rd. 10 Holiday.Inn 1501 Freeway Blvd. Lynbrook Bowl 6357 N. Lilac Dr. * Meriwethers 2101 Freeway Blvd. T- Wrights 5800 Shingle Cr. Pkwy. Yen Ching 5900 Shingle Cr. Pkwy.` � Ch f of Police i O N- '7A i1() TNT0XI( LIQUOR LICT:NSE 8 -r•4 r.r, t'c'JI. 5525 Lvr.dale Ave.. N. Chuck Waaj in Inn 5720 Morgan Ave. N. Denny's Inc. 3901 Lakebreeze Ave.- N. .)od E:�.rth il estaurant 5717 Xerxes Ave. N. Happy Dragon Restaurant 5532 Brooklyn Blvd. Poutillo's Pizza 5937 Summitt Dr. Rocky Poc.;•oco Corp. 1678 Brookdale Mall Showbiz:Pizza Place 5939 John Martin Dr. Taco Towne Restaurant 6219 Brooklyn Blvd. ' - ' , A CYi f of Police ON -SAL EE INTOXICATING LIQUOR LICENSE Earle Brown Bowl, 6440 James Circle Generale Mills Restaurant Croup 6770 Lake Ellenor_Dr_ Red Lobster 7235 Brooklyn Blvd. Green Mill 5540 Brooklyn Blvd. Ground Round Restaurant 2545 Cty. Rd. 10 Holiday Inn'. 1501 Freeway Blvd. Lynbrook Bowl 6357 N. Lilac Dr. Meriwether's 2101 Freeway, Blvd. T- Wrights 5800 Shingle Cr. Pkwy- Yen Ching Restaurant 5900 Shingle Cr. Pkwy.. Jl i f of Police ON -SALE, WIFE LICENSE Denny's Inc. 3901 Lakebreeze Ave. N. Good Earth Restaurant 5717 X Ave. N. � Va Chi ef of Police PUBLIC DANCE LICENSE ` Earle Brown Bowl 6440 James Circle City Cler RENTAL DWELLING LICENSE Intial: Susan M. Klemond 6223 Brooklyn Dr. Jon Nesseth 7109 -7113 Unity Ave. N. Renewal; Thomas & Mary Harty 5837 Lyndale Ave. N. Nancy & Jack Huang 3518 Woodbine In.. Nancy & Jack Huang' 5419 70th Circle Director of Planning 1 and Inspection GENERAL APPROVAL; ' .'-? > e f �;er;a13 G 'Sg�l' City Clerk w association Of metro olitan municipalities • . r. •4 ELECTED OFFICIALS SALARY SURVEY Compiled by the Association of Metropolitan Municipalities July 1, 1982 New Address: 183 University Aven East, St. Paul, Minnesota 55101 Y�oOraa�to�r�tt�I�ir4+ 8aro��sxr��a7��rezrdr��DY .�r�.3��8b9r ELECTED OFFICIALS SALARY SURVEY PAGE ONE CITIES WITH POPULATION UNDER 2,504 POPULATION 1980 REG. MTGS. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS. MUNICIPALITY FEDERAL CENSUS PER MONTH 1982 1981 1980 1982 1981 1980 Bethel 272 1 $ 2t0 $ * $ 240 $ 180 $ *. $ 180 Birchwood Village 1,059 2 600 600 180 300 300 120 Carver 642 1 180 * 270 180 180 Centerville 734 2 1,800 1,800 1,200 600 600 420 Coates 207 1 500 500 500 300 300 300 Cologne 545 2 480 600 480,,` 360 480 36Q Dellwood 751 1 N o S a 1 a r y N o S a a r y Elko 274 1 360 360 180 240 240 120. 'Gem Lake 394 1 1,400 600 480 600 300 180 Greenfield 1,391 1 1,200 1,200 900 600 600 420 Greenwood 653 1 540 540 540 300 300 300 Hamburg. 475 1 600 600 420 480 480 300 Hampton 299 1 400 * 400 300 * 300 Hanover 647 2 * * � 1,200 * * I Hilltop 817 1 1,400 { 'Lakeland 1,812 1 960 480 365 720 . 360 250 Lakeland Shores 171 1 N o S a l a r y N o S a l a r y Lake St Croix Beach 1,176 1 480 480 480 360 360 360 Landfall 679 1 420 * 420 240 * 240 Lauderdale 1,985 1 1,650 * 600 924 * 420 Lexington 2,150 2 960 960 960 720' 720 720 Lilydale 417 1 500 500 500 250 250 250 Long Lake 1,747 2 1,200 1,200 1,200 900 900 900 Loretto 297 1 600 600 600 400 400 400 Maple Plain 1,421 2 1,200 1,200 1,200 600 600 600 No Response CITIES WITH POPULATION UNDER 2,500 (continued) PAGE TWO POPULATION 1980 REG'. MTGS. ANNUAL SALARY OF MAYOR ;ANNUAL SALARY OF CNCLMBRS. MUNICIPALITY FEDERAL CENSUS PER MONTH 1982 1981 1980 1982 1981 1980 1. Marine on St. Croix 543 1 500 400 400 100 150 120 Mayer 388 1 180 360 360 120 240 240 Medicine Lake 419 1 * * 1$0 * * 160 Mendota 219 1 120 180 180 120 120 120 Miesville 179 1 300 300 300 200. 200 180 Minnetonka Beach ^ 575 1 N o S a l a r y N o S a l a r y New Germany 347 1 360 360 * 240 240 New Market 286 1 * * 180 * * 120 New Trier 115 1 * 260 180 * 195 120 Norwood 1,219 1 600 * 480 480 * 360 Pine Springs 267 1 N o S a l a r y N o S a l a r y Randolph 351 1 360 360 360 240 240 240 Rockford 2 1 408 1 * * 360 - * * 300 Rogers 652 1 -2 960 960 480 720 720 360 St. Bonifacius 857 2 1,000 1,000 1,000 800 800 800 St Francis 1,184 Z 1,200 720 720 900 600 600 St Mary's Point 348 1 * * 240 * * 180 Spring,Park 1,465 2 1,800 1,800 1,800 1,200 1,200 1,200 Sunfish Lake 344 1 No- -S a1aray No Salary Tonka Bay 1,354 2 600 600 * 420 420 Vermillion 438 1 480 480 480 360 360 360 Victoria 1,425 2 640 640 583 480 480 433 Watertown 1,818 2 875 840 600 750 720 480 Willernie 654 1 600 600 600 480 480 480 Woodland 526 1 360 360 - 240 240 - Young America 1,237 1 * 600 360 * 480 240 CITIES WITH POPULATION FROM 2,500 to 10,000 PAGE THREE POPULATION 1980 REG. MTGS. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS. MUNICIPALITY FEDERAL C ENSUS PER MONTH 1982 . 198�1* . .'1980 1982 1981 1980 Afton 2,550 1 1 1 1,200 780 780 780 Andover 9,387 2 2 * 2,400 2,100 2,100 Arden Hills 8,012 2 2 2 2 1,500 1 1,500 .Bayport 2,932 1 1,200 1 1,200 720 720 720 Belle Plaine 2,754 2 1 1,200 1,200 900: 900 900 Champlin 9,006 2 2 2 2 1 1,800 1,800 Chanhassen 8,359 2 2 2,400 1 1,800 1,800 1,140 Chaska 8,346 2 1 1,800 1 1,•500 1,500 1,500 Circle Pines 3,321 2 960 960 960 720 720 720 Corcoran 4,252 1 1 1,800 1 1,200 1,200 600 Dayton 4 2 1 * 1 0 2 0 0 900 * 900 Deephaven 3,716 2 2,400 1,500 1,500 600 300 300 East Bethel 6,626 2 2 2,160 2,160 1,800 1,800 1 Excelsior 2,523 2 600 600 600 420 420 420 Falcon Heights 5,291 2 3,780 3,300 3,025 3,000 2,640 2,420 Farmington 4,370 2 3,360 3,120 2,880 2,640 2,460 2,280 Forest Lake 4;596 1 1,200 1 600 900 900 450 Ham Lake 7,832 2 2,500 2,500 2,500 2,000 2,000 2,000 Hugo 3,771 2 600 600 600 - 480 480 480 Independence 2,640 .1 900 360 360 600 240 240 Jordan 2,663 2 480 960 960 480. 480 480 Lake Elmo 5,296 2 2,000 2,000 2,000 1,500, 1,500 1,500 -Lino Lakes 4,966 2 1 1,200 1,200 900 900 900 Little Canada 7,102 1 2,400 * 2,400 1: * 1,800 Mahtomedi 3,851. 2 840 840 .840 600 600 600 Medina 2,623 2 1 1,200 1,200 840 840 840 r CITIES WITH POPULATION.FROM 2,500 to 10,000 (continued) PAGE FOUR POPULATION 1980 REG. MTGS. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS: MUNICIPALITY FEDERAL CENSUS PER MONTH 1982 . 1981• 1980 1982 1981 1980 Mendota Heights 7,288 2 2 1 400 2,400 2,400 1,800 1,800 1,200 Mnnetrista 3,236 2 840 840 600 * 600 Mound 9,280 3 1 1 800 1,700 1 0 800 1,200 1,200 1,200 Newport 3 2 1 1 500 2 1 400 1,200 1,200 1,500 900 New Prague 2,952 2 * 600 600 * 600 600 North Oaks 2,846 0 180 180 180 120 120 120 Oak Park Heights 2,591 2 1,800 1,800 1 0 800 1,200 1,200 1,200 Orono 6,845 1 2,832 2,832 2 2,268 2,268 2,061 Osseo 2,974 2 900 1,200 900 720 900 720 Prior Lake 7 0 284 4 3,000 3,000 3,000 2,400 2,400 2,4001 Rosemount 5,083 2 2,400 2,400 2,400; 1,800 1,800 1,800 St. Anthony 7 0 981 2 3 0 600 3,600 3,600 1,800 1,800 1,800 St. Paul Park 4,864 2 2 1 100 1,800 1,800 1,800 1,500 1,500 Savage 3,954 2 3,900 3,000 3,000 3,120 2,400 2,400 Shakopee 9,941 2 -5 3,600 3,600 3,600 3 1 000 3,000 3,000' Shorewood 4 1 646 2 1 1 1,800 1,200 1,200 "1,200 Spring Lake Park 6,477 2 1,500 1,500 1,500 1,200 1,200 1,200 Vadnais Heights,. 5,111 2 3,000 3,000 2,100 2,100 2,100 1,500 Waconia 2,638 2 1,200 1,200 1,200 900 900 900 Wayzata 3,621 2 960 900 960 600 600', 600 , I x CITIES WITH POPULATION FROM 10,000 to 20,000 PAGE FIVE POPULATION 1980 REG, MTGS. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS. MUNICIPALITY FEDERAL CENSUS PER MONTH 1982 1981 1980 1982 1981 1980 Anoka 15,634 2 4,000 4,000 2,820 3,400 3,400 2,400, Cottage Grove 18,994 2 5 3,600 3,600 3,600 2,400 2,400 3 600 3 600 3,600 2,400 2,400 2,400 16 263 2 , -Eden Prairie , Hastings 12,827 2 3,000 3,000 1,800 2,400 2,400 1,200 Hopkins 15,336 2 2,900 2,900 2,900 2 2,100 2,100 Inver Grove Heights 17,171 2 1+980 1 960 1 1,740 720 Lakeville 14,790 2 3,300 3,300 3,.300 2,340 2,340 2,340 Mounds View 12,593 4 2,400 2,400 2,400 1,800 1,800 1,800 North St. Paul 11,921 2 3,000 3,000 3,000 1,800 1,800 1,800 Oakdale 12,123 2 3,240 2,880 2,520 2,640 2,280 1,920 Ramsey 10,093 2 3,600 3,000 3,000 3,000 2,500 2,500 Robbinsdale 14,422 2 2,4 D0 4 900 2,400 1,800 2,940 1,800 Shoreview 17,300 2 4,140 3,900 3,900 3,300 2,940 2,940 Stillwater 12,290 2 2,700 2,700 2,700 1,800 1,800 1,800 West St. Paul 18,527 2 3,000 3,000 3,000 2,400 2,400 2,400 10 297 2 2,124 2,124 2,124 1,536 1,536 1,536 Woodbury • CITIES WITH POPULATION OVER 20,000 PAGE SIX POPULATION 1980 REG. MTGS. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBR: MUNICIPALITY FEDERAL CENSUS PER MONTH 1982 1981 1980 1982 1981 1980 Apple Valley 21,818 2 3 3,600 8,600 3,000 3,000 3,000 Blaine 28,558 2 4,200 3,450 3,450 3,800 2,850 2,850 Bloomington 81,831 4 7,200 7,200 7,200 6,000 6,000 6,000 Brooklyn Center 31,230 2 6,480 6,480 6,480 4,140 4,140 4,140 Brooklyn Park `43 332 2 4,800 4,800 3,600 3,600 3,600 2,400 Burnsville 35,674 2 4,800 4,800 4,800 3,600 3,600 3,600 Columbia Heights 20 2 9,000 7,200 7,200 5,400 4,200 4,200 Coon Rapids, 35,826 3 4,200 4,200 3,600 Ward 3,600 3,600 3,000 At. Lge. 3,900 3,900 3;300 Crystal 25,543 2 4,600 4,600 4,600 3,600 3,600 3,600 Eagan 20,532 2 3,600 3,600 3,600 3,000 3,000 3,000 Edina 46,073 2 5,850 5,850 3,900 3,900 3,900 - 2,600 Fridley 30,228 2 6,600 6,600 6,600 Ward 4,800 4,800 4_,800 At Lge. 5, 5,400 5 Golden Valley 22,775 .2 5,400 5,400 4,140 4,050 4,050 3,140 Maple Grove 20,525 2 4,800 4,800 4,800 3,000 3,000 3,600 Maplewood 26,990 2 4,200 4,500 3,900 3,300 3,300 3,000 Minnetonka 38,683 3 4,800 -3,600 4,800 3,600 3,600 3,600 New Brighton 23,269 2 4,200 3,900 3,600 3,300 3,000 2,700 New Hope . 23,087 2 4,290 4,290 3,600 3,250 3,250 2,600 Plymouth 31,615 3 6,000 5,400 5,400 4,200 3,600 3,600 Richfield 37 2 6,000 6,000 6,000 4,500 4,500 4,500 Roseville 35,820 2 5,700 5,400 5,100. 4,500 4,200 3,900 St. Louis Park 42,931 2 5,400 5,400 5,400 3,600 3,600 3,600 South St. Paul 21,235 2 6,000 6,000 6,000 3,000 3,000 3,000 White Bear.Lake 22,538 1 3,960 3,600 3,600 2,976 2,700 '2,700 a' �.r Y association of metropolitan >�. municipal ELECTED OFFICIALS SALARY SURVEY Compiled by the Association of Metropolitan Municipalities July 1, 1982 • New Address: 183 University Aven East, St, Paul, Minnesota 55101 - � x�oanra�t�tt�tc4�e�ca�aurszr�at exocaxss�xm��at : ELECTED OFFICIALS SALARY SURVEY PAGE ONE CITIES WITH POPULATION UNDER 2,500 . POPULATION 1980 REG. MTGS. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS. MUNICIPALITY FEDERAL CENSUS PER MONTH 1982 1981 1980 1982 1981 198'0 Bethel 272 1 $ 240 $ * $ 240 $ 180 $ * $ 18,0 Birchwood Village 1,059 2 600 600 180 -300 300 120 Carver 642 1 180 * 270 180 * 180 Centerville 734. 2 1,800 1,800 1,200 600 660 420 Coates 207 1 500 500 500 300 300 300 Cologne 545 2 480 600 480, LL 360 480 360 Dellwood 751 1 N' o S a 1 a r y N o S a l a r y Elko. 274 1 360 360 180 240 240 120 Gem Lake 394 1 1,400 600 480 600 300 180 Greenfield 1,391 1 1,200 1,200 900 600 600 420 Greenwood 653 1 540 540 540 300 300 300 Hamburg 475 1 600 600 420 480 480 300 Hampton 299 1 400 * 400 300 * 300 Hanover 647 2 Hilltop 817 1 1,400 * * 1,200 Lakeland 1,812 1 960 480 365 720 360 250 Lakeland Shores 171 1 No Salary No Salary Lake'St. Croix Beach 1,176 1 480 480 480 360 360 360 Landfall 679 1 420 * 420 240` * 240 Lauderdale 1,985 1 1,650 * 600 924 * 420 Lexington 2,150 2 960 960 960 _ 720 720 720 Lilydale 417 1 500 500 500 250 250 250 Long Lake 1,747 2 1,200 1,200 1,200 900 900 900 Loretto 297 1 600 600 600 400` 400 400 Maple Plain 1,421 2 1,200 1,200 1,200 600 600 600 * No Re ponse CITIES WITH POPULATION UNDER 2,500 (continued) PAGE TWO POPULATION 1980 REG. MTGS. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS. MUNICIPALITY FEDERAL CENSUS PER MONTH 1982 1981 1980 1982 '' 1981 1980 Marine on St. Croix 543 1 500 400 400 100 150 120 Mayer 388 1 x.80 360 360 120 240 240 Medicine Lake 419 1 * * 180 * * 160 Mendota 219 1 120 180 180 120 120 120 Miesville 179 1 300 300 300 200 200 180 Minnetonka Beach 575 1 N o S a l a r y N o S a l a r y New Germany 347 1 360 360 * 240 240 New Market 286 1 * * 180 * * 120 New Trier 115 1 * 260 180 * 195 120 `Norwood 1,219 1 600 * 480 480 * 360 Pine Springs 267 1 N o S a 1 a r y N o S a l a r y Randolph 351 1 360 360 360 240 240 240 Rockford 2,408 1 * * 360 * * 300 Rogers 652 1 -2 960 960 480 720 720 360 5t Bonifacius 857 2 1,000 1,000 1,000 800 800 800 St Francis 1,184 2 1,200 720 720 900 600 600 St Mary's Point 348 1 * * 240 * * " 180 Spring Park 1,465 2 1,800 1,800 1,800 1,200 1,200 1,200 Sunfish Lake 344 1 N d S a 1 a r° y N •o S a l a r y Tonka Bay 1,354 2 * 600 600 * 420 42 -0 Vermillion 438 1 480 480 480 360 360 360 Victoria 1,425 2 640 640 583 480 480 433 Watertown 1,818 2 875 840 600 750 720 480 Willerne 654 1 600 600 600 480 480 480 Woodland 526 1 360 360. 240 240 -- Young America 1,237 1 * 600 360 * 480 240 i CITIES WITH POPULATION FROM 2,500 to 10,000 PAGE THREE POPULATION 1980 REG. MTGS. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS. MUNICIPALITY FEDERAL C ENSUS PER MONTH 1982 1981 . 1980 1982 1981 1980 Afton 2,550 1 1 1 200 .1,200 1,200 780 780 780 Andover 9,387 2 2 0 400 * 2,400 2,100 * 2,100 Arden Hills 8,012 2 2 1 100 2,100 2,100 1,500 1,500 1,500 Bayport 2_,932 1 1,200 1,200 1,200 720 720 720 Belle Plaine 2 2 1,200 1 1 900* 900 900 Champlin 9 3 1,006 2 2 0 400 2 2 1,800 1,800 1,800 Chanhassen 6,359 2 2 0 400 2,400 1 1,800 1,800 1,140 Chaska 8,346 2 1 1 1,800 1,500 1,500 1,500 Circle Pines 3,321 2 960 960 960 720. 720 720 Corcoran .4 1 1 1 1 1,200 1,200 600 Dayton 4 2 1,200 * 1 900' * 900 Deephaven 3,716 2 2 0 400 1,500 1,500 600 300 300 East Bethel 6,626 2 2 8 160 2 2,160 1,800 1,800 1,800 Excelsior 2,523 2 600 600 600 420 420 420 Falcon Heights 5,291 2 3,780 3,300 3,025 3,000 2,640 2,420 Farmington 4,370 2 3,360 3,120 2,880 2,640 2,460 2,280 Forest Lake 4,596 1 1,200 1,200 600 900 900 450 Ham Lake 7,832 2 2,500 2,500 2,500 2,000 2,000 2,000 Hugo 3 2 600 :s 6600. 600 :'.480 480 480 Independence 2,640 1 900 360 360 600 240 240 Jordan 2,663 2 480 960 960 480 480 480 Lake Elmo 5,296 2 2,000 2,000 2,000 1,500 1,500 1,500 Ling Lakes 4,966 2 1,200 1,200 1,200 900 900 906 Little Canada 7,102 1 2,400, * 2,400 1,800 * 1,800 Mahtomedi 3,851 2 840 840 .840 600 660 600 Medina 2,623 2 11200 1,200 1,200 840 840 840 CITIES WITH POPULATION FROM. 2,500 to 10,000 (continued) AGE FOUR POPULATION 1980 REG.'MTGS, ANNUAL SALARY OF MAYOR *ANNUAL SALARY OF CNCLMBRS: MUNICIPALITY FEDERAL CENSUS PER MONTH 1982 1981'' 1980 1982 1981 1980 r Mendota Heights 7,288 2 2,400 2,400 2,400 1,800 1,800 1,200 Minnetrista 3;236 2 840 * 840 600 * 600 h4ound 9,280 3 1,800 1,700 1,800 _1,200 1,200 1,200 s Newport 3 2 1 2 1,200 1,200 1,500 900 New Prague 2 2 * 600 600 * 600 600 North Oaks 2,846 O 180 180 180 120 120 120 3 Oak Park Heights 2,591 2 19800 1,800 1,800 1,200 1,'200 1,200 k Orono 6 1 2,832 2,832 2,574 2,268 2,268 2,061 Osseo 2974 2 900 1 900 720 900 720, Prior Lake 7,284' 4 3,000 3,000 3,000 2,400 2,400 2;400 Rosemount 5,083 2 2,400 2,400 2,400 1,800 1,800 1,800, St. Anthony 7,981 2 3 3 3,600 1,800 1,800 1,800' St. Paul Park 4,864 2 2 1,800 1,800 1,800 1,500 1,500 Savage 3,954 2 3,900 -3,000 3,000 3,120 2;400 2,400 Shakopee 9,941 2 -5 3,600 3,600 3,600 3,000 3,000 3,000 Shorewood 4,646 2 1 1,800 1,800 1,200 1,200 1,200 Spring Lake Park 6,477 2 1,500 1,500 1,500 1,200 1,200 1,200 Vadnais Heights 5,111 2 3,000 3,000 2,100 2,100 2,100 '1,500 Waconia x,638 2 1,200 1,200 1,200 900 900 900 Wayzata 3,621 2 960 900 960 600 600 600 q CITIES WITH POPULATION FROM 10,000 to 20,000 PAGE FIVE POPULATION 1980 REG. MTGS. ANNUAL SALARY OF MAYOR ANNUAL'SALARY OF CNCLMBRS. MUNICIPALITY FEDERAL CENSUS PER MONTH 1982 1981' 1980 1982 1981 1980 Anoka 15634 2 4 4 2,820 3,400 3,404 2,400 Cottage Grove 18,994 2 5,400 3,600 3,600 3,600 2,400 2,400 Eden Prairie 16,263 2 3 1 600 3,600 3,600. 2,400 2,400 2,400 Hastings 12 2 3,000 3,000 1,800 2,400 2,400 1,200 Hopkins 15,336 2 2,900 2 0 900 2,900. 2,.100 2,100 2,100 Inver Grove Heights 17,171 2 1 1 960 1 1,740 720 Lakeville 14,790 2 3,300 3,300 3,300 2,340 2,340 2,340 Mounds View 12,593 4 2,400 2,400 2,400 1,800 1,800 1,800 North St. Paul 11,921 2 3,000 3,000 3,000 1,800 1,800 1,800 Oakdale 12,123 2 3,240 2,880 2,520 2,640 2,280 1,920 Ramsey 10,093 2 3,600 3,000 3,000. 3,000 2,500 2,500 Robbinsdale 14,,422 2 2,400 q 900 2,400 1,800 2,940 1,800 Shoreview 17,300 2 4,140 3,900 3,900 3,300 2,940 2,940 Stillwater 12,290 2 2,700 2,700 2,700 1,800 1,800 1,800 West St. Paul 18,527 2 3,000 3,000 3,000 2,400 2,400 2,400 Woodbury 10,297 2 2,124 2,124 2,124 1,536 1,536 1,536 r i i CITIES WITH POPULATION OVER 20,000 PAGE SIX POPULATION 1980 REG. MTGS. ANNUAL SALARY OF MAYOR ANNUAL OF CNCLMBRE MUNICIPALITY FEDERAL CENSUS PER MONTH 1982 1981 1980 1982 1981 1980 Apple Valley 21,818 2 3,600 3,600 3,600 3,000 3,000 3,000 Blaine 28,558 2 4,200 3,450 3,450 3,800 2,850 2,850 Bloomington 81,831 4 7,200 7,200 7,200 6,000 6,000 6,000 Brooklyn.Center 31,230 2 6,480 6,480 6,480 4,140 4,140 4,140 Brooklyn Park 43,332 2 4,800 4,800 3,600 3,600 3;600 2,400 Burnsville 3.5,674 2 4,800 4,800 4,800 3,600 3,.600 3,600 Columbia Heights 20,029 2 9,000 7,200 7,200 5,400 4,200 4,200 Coon Rapids -' 35,826 3 4,200 4,200 3,600 Ward 3,600 3,600 3,000 At. Lge. 3,900 3,900 3,300 Crystal 25,543 2 4,600 4,600 4,600 3,600 3,600 3,600 Eagan 20,532 2 3,600 3,600 3,600 3,000 3,000 3,000 Edina 46,073 2 5,850 5,850 3,900 3,900 3,900 2,600 Fridley 30,228 2 6,600 6,600 6,600 Ward 4,800 4,800 4,800 At Lge. 5,400 - 5,400 5,400 Golden Valley 22,775 2 5,400 5,400 4,140 4,050 4,050 3,140 Map•le.Grove 20,525 2 4,800 4,800 4,800 3,000 3,000 3,600 Maplewood 26,990 2 4,200 4,500 3,900 3,300 3,300 3,000 Minnetonka" 38,683 3 4,800 3,600 4,800 3,600 3,600 3,600 New Brighton 23,269 2 4,200 3,900 3,600 3,300 3,000 2,700 New Hope 23,087 2 4,290 4,290 3,600 3,250 3,250 2,600 Plymouth 31 3 6,000 5,400 5,400 4,200 3,600 •3,600 Richfield 37,851 2 6,000 6,000 6,000 4,500 4,500 4,500 Roseville 35,820 2 5,700 5,400 5,100 4,500 4,200 3,900 St Louis Park 42,931 2 5,400 _5,400 5,400 3,600 3,600 3,600 South St. Paul 21,235 2 6,000 6,000 6,000 3,000 3,000 3,000 White Bear.Lake 22,538 1 3,960 3,600 3,600 2,976 2,700 2,700 hx ® association of metropol municipalities ELECTED OFFICIALS SALARY SURVEY ` Compiled by the Association of Metropolitan Municipali July 1. 1982 i Nev Address: 183 University Aven East, St. Paul, Minnesota 55101 oar ao�tst�gxasaroca r � Wo" wk =tg$ r • x � ELECTED OFFICIALS SALARY SURVEY PAGE ONE CITIES WITH POPULATION UNDER 2,500 POPULATION. 1980 REG.'MTGS. , ANNUAL SALARY OF MAYOR ANNUAL,SALARY OF CNCLMBRS. MUNICIPALITY FEDERAL CENSUS PER MONTH 1982 1981 1980 1982, 1981 1980 Bethel 272 1 $ 240 $ * $ 240 $ 180 $ * $ 180 Birchwood Village 1,059 2 600 600 180 300 300 120 Carver 642 1 180 * 270 180 * 180 Centerville 734 2 1,800 1,800 1,200 600 600 420 Coates 207 1 500 500 500 300 300 300 Cologne E 545 2 480 600 480, 360 480 360 Dellwood 751 1 N o S a 1 a r y. N o S a l a r y Elko 274 1 360 360 180 240 240 120 Gem Lake 394 1 1,400 600 480 600 300 180 Greenfield 1,391 1 1,200 1,200 900 600 600 420 Greenwood 653 1 540 540 540 300 300 300 Hamburg 475 1 600 600 420 480 480 300 Hampton 299 1 400' * 400" 300 * 300 Hanover 647 2 * Hilltop. 817 1 1,400 1,200 _ Lakeland 1,812 1 960 480 365 720 360 250 Lakeland Shores 171 1 No Sala No Sal Lake St. Croix Beach 1,176 1 480 480 480 360 360 360 Landfall 679, 1 420 * 420 240 240 Lauderdale 1,985 1 1,650 * 600 924 * 420 Lexington 2,150 2 960 960 960 720 720 720 Lilydale 417_ 1 500 500 500 250 250 250 Long Lake 1,747 2 1,200 1,200 1;200 900 900 900 Loretto 297 i 600 600 600 400 400 400 Maple Plain 1,421 2 1,200 1,200 1,200 600 600 600 * No Response CITIES WITH POPULATION UNDER 2,500 (continued) PAGE TWO .POPULATION 1980 REG. MTGS. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS. MUNICIPALITY FEDERAL CENSUS PER MONTH 1982 1981 1980 1982 1981 1980 Marine on St. Croix 543 1 500 400 400 100 150 12.0 Mayer 388 1 180 360 360 120 240 240 Medicine Lake 419 1 * * 180 * * 160 Mendota 219 1 120 180 180 120 1.20 120 Miesville 179 1 300 300 300 200 200 180 Minnetonka Beach 575 1 N o S a l a r y N o S a l a r y New Germany 347 1 360 360 * 240 240 New Market 286 1 * * 180' * 120 New Trier 115 - 1 * 260 180 * 195 120 Norwood 1,219 1 600 * 480 480 * 360 Pine Springs 267 1 N o S a 1 a r y N o S a l a r y Randolph 351 1 360 360 360 240 240 240 Rockford 2,408 1 * * 360 * * 300 Rogers 652 1 -2 960 960 480 720 720 360 I ' St. Bonifacius' 857 2 1,000 1,000 1,000 800 800 800 St. Francis 1,184 2 1,200 720 720 900 600 600 St. Mary's Point 348 1 * * 240 * * - 180 Spring Park 1,465 2 1,800 1,800 1,800 1,200 1,200 1,200 Sunfish Lake 344 1 N o S a l a r y N o S a l a r y Tonka Bay 1,354 2 * 600 600 * 420. 420 Vermillion 438 1 480 480 480 360 360 360 Victoria 1,425 2 640 640 583 480 480 433 Watertown 1,818 2 875 840 600 750 720 480 Wllernie 654 1 600 600 600 480 480 480 Woodland 526 1 360 360 240 240 - Young America 1,237 1 * 600 360 * 480 240 CITIES WITH POPULATION FROM 2,500 to 10,000 PAGE THREE POPULATION 1980 REG. MTGS. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS. MUNICIPALITY FEDERAL CEN_ S_ US PER MONTH 19`82 1980 1982 1981 1980 Afton 2,550 1 1 0 200 1 1 200 1,200 780 780 780 Andover 9,387 2 2,400 * 2,400 2,100. * 2,100 Arden Hills 8,012 2 2,100 2,100 2,100 1,500 1,500 1,500 Bayport 2,932 1 1,200 1 1,200 720. 720 720 Belle Plaine 2,754 2 1,200 1,200 1,200 900 900 900 Champlin 9,006 2 2 2 2,460 1,800 1,800 1,800 Chanhassen 6,359 2 2 2 1 1 1,800 1,140 Chaska 8,346 2 1,800 1,800 1,800 1,500 1,500 1,500 Circle Pines 3,321 2 960 960 960 720 720 720 Corcoran 4 1 1,800 1,800 1,200 1,200 1,200 600 Dayton 4 2 1 1 200 * 1,200 900 * .900 - Deephaven 3 2 2,400 1 1,500 600 300 300 East Bethel 6,626" 2 2,160 2,160 2,160 1,800 1,800 1,800 Excelsior 2,523 2 600 600 600 420 420 420 Falcon Heights 5,291 2 3,780 3,300 3,;025 3,000 2,640 2,420 Farmington 4,370 2 3,360 3,120 2,880 2,640 2,460 2,.280 Forest Lake 4,596 1 1,200 1 600 900 900. 450 Ham Lake 7,832 2 2,500 2,500 2,500 2 2,000 2,000 Hugo; 3,771 2 600 600 600 480 480 480 Independence 2,640 1 900 360 360 600 240 240 Jordan 2,663 2 480 960 960 480 480 480 Lake Elmo 5,296 2 2,000 2,000 2,000 1,500 1,500 1,500 Lino Lakes 4,966 2 1,200 1,200 1 900 900 900 Little-Canada 7,102 1 2,400 * 2,400 1,800 * 1,800 Mahtomedi 3,851 Z 840 840 ,840 600. 600 600 Medina 2,623 2 1 1,200 1,200 840 840 840 CITIES ITH POPUhATION`FROM- 2,5,00 to 10,000 (continued) *AGE FOUR POPULATION 1980 REG. MTGS. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS MUNICIPALITY FEDERAL.CENSUS PER MONTH 1982 1 1980 1982 1981 . 1980 Mendota Heights 7,288 2 2 2,400 2,400 1,800 1,800 .1,200 Minnetrista 3,236 2 840 * 840 600 * 600 Mound 9,280 3 1,800 1 1 1,200 1,200 1,200 Newport 3,323 2 1,500 2 1,200 1,200 1,500 900 New Prague 2 2 * 600 600. * 600 600 North Oaks 2 0 180 180 180 120 120 120 Oak Park Heights 2,591 2 1,800 1,800 1 1,200 1,200 - 1,200 Orono 6,845 1 2,832 2,832 2,574 2-,268 2,268 2,061 Osseo 2,974 2 900 1 900 720 900 720 Prior Lake 7,284 4` 3,'000 3,000 3,000 2,400 2,400 2,400 Rosemount 5,083 2 2,400 2,400 2,400 1,800 1,800 1,800 St. Anthony 7,981 2 3 3,600 3,600 1,800 1,800 1,800 St. Paul Park 4,864 2 2,100 1,800 1,800 1,800 1,500 1,500 Savage 3,954 2 3,900 3,000 3,000 3,120 2,400 2,400 Shakopee 9,941 2 -5 3,600 3,600 3,600 3,000 3,000 3,000 Shorewood 4,646 2 1,800 1,800 1,800 1,200 1,200 1 Spring Lake Park 6,477 2 1 1,500 1,500 1,200 1,200 1,200 Vadnais Heights 5,111 2 3,000 3,000 2,100 2,100 2,100 1,500 Waconia 2,638 2 1,200 .1,200 1,200 900 900 900 Wayzata 3,621 2 960 900 960 600 600 600 a CITIES WITH POPULATION FROM 10,000 to 20,000 PAGE FIVE POPULATION 1980 REG, MTGS. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBRS MUNICIPALITY FEDERAL CENSUS PER MONTH 1982 . 1981 1980 1982 1981 1980 Anoka 15,634. 2 4 4 2 3,400 3.,400 2,400 Cottage Grove 18 2 5,430 3,600 3,600 3,600 2,400 2,400 Eden Prairie 16,263 2 3,600 3,600 3,600 2,400 2,400 2,400 Hastings 12,827 2 3,000 3,000 1,800 2,400. 2,400 1,200 Hopkins 15,336 2 2,900 2,900 2,900 2,100 2,100 2,100 Inver Grove Heights 17,171 2 1,980 1 960 1,740 1,740 720 Lakeville 14,790 2 3,300 3,300 3,300 2,340 2,340 2,340 Mounds View 12,593 4 2 2,400 2,400 1,800 1,'800 1,800 800 North St. Paul 11,921 2 3,000 3,000 3,000 1,800 1,800 1,800 Oakdale 12,123 2 3,240 2,880 2,520 2,640 2,280 1,920 Ramsey 10,093 2 3,600 3,000 3,000 3,000 2,500 2,500 Robbinsdale 14,422 2 2,4 DO q900 2,400 1,800 2 1, 800 Shoreview 17,300 2 4,140 3,900 3,900 3,300 2,940 2,940 Stillwater 12,290 2 2,700 2,700 2,700 1,800 1,800 1,800 West St. Paul 18,527 2 3,000 3,000 3,000 2,400 2,400 2,400 Woodbury 10,297 2 2,124 2,124 2,124 1,536. 1,536 1,536 CITIES WITH POPULATION OVER 20,000 PAGE SIX ° POPULATION 1980 REG. MTGS. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCLMBR! MUNICIPALITY FEDERAL CENSUS PER MONTH 1982 1981 1980 1982 1981 1980 Apple Valley 21,818 2 3,600 3,600 3,600 3,000 3,000 3,000 Blaine 28,558 2 4,200 3,450 3,450 3,800 - 2.,850 2,850 Bloomington 81,831 4 7,200 7,200 7,200 6,000 6,000 6,000 Brooklyn Center. 31 2 6,480 6,480 6,480 4,,140 4,140 4,140 Brooklyn Park 43,332 2 4,800 4,800 3,600 3,600 3,600 .2,400 Burnsville 35,674 2 4,800 4,800 4,800 3,600 3,600_ 3,600 Columbia Heights 20,029 2, 9,000 7,200 7,200 5,400 4,200 4,200 Coon Rapids 35,826 , 3 4,200 4,200 3,600 Ward 3,600 3,600 3,000 At. Lge. 3,900 3,900 3,300 Crystal 25 . 1 543 2 4,600 4,600, 4,600 3,600 3,600 3,600 Eagan 20,532 2 3,600 3,600 3,600 3,000 3,000 3,000 Edina 46,073 2 5,850 5,850 3,900 3,900 3,900 2,600 Fridley 30,228 2 6,600 6,600 6,600 Ward 4,800 4,800 4,800 At Lge. 5,400 5,400 5,400 Golden Valley 22,775 2 5,400 5,400 4,140 4,050 4,050 3,140 Maple Grove 20,525 2' 4,800 4,800 4,800 3,000 3,000 3,600 Maplewood 26,990 2 4,200 4,500 3,900 3,300 3,300 3,000 Minnetonka 38,683 3 4,800 3,600 4,800 3,600 3,600 3,600 New Brighton 23,289 2 4,200.. 3,900 3,600 3,300 3;000 2,700 New Hope 23,087 2 4,290 4,290 3,600 3,250 3,250 2,600 a Plymouth 31,615 3 6,000 5,400 5,400 4,200 3,600 3,600 Richfield 37,851 2 6,000 6,000 6,000 4,500 4;500 4,500 Roseville 35,820' 2 5,700 5,400 5,100 4,500 4,200 3,900 St. Louis Park 42,931 2 5,400 5,400 5,400 3,600 3_,600 3,600 South St. Paul 21,235 2 6,000 6,000 6,000 3,000 3,000 3,000 White Bear Lake 22,538 1 3,960 3,600 3,600 2,976 2,700 21700 PRELIMINARY OFFICIAL STATEMENT DATED DECEMBER 10, 1982 NEW ISSUE Standard & Poor's Rating:" "* Z ° In the opinion of Holmes & Graven, Chartered, Bond Counsel, assuming compliance with the requirements described in W " the "TAX EXEMPTION" section of this Official Statement, under existing laws as presently enacted and construed, `o (Z interest on the Bonds is not includable in gross income for purposes of United States and State of Minnesota income °' ' taxation (except or State o Minnesota cor orate and bank excise taxes measured b income See "TAX EXEMPTION" 0 herein. P f p y Q $31 ** z CITY OF BROOKLYN CENTER, CITY OF COLUMBIA HEIGHTS, Z CITY OF MOORHEAD, AND THE HOUSING AND REDEVELOPMENT o _ = AUTHORITY IN AND FOR THE CITY OF ROBBINSDALE MINNESOTA w s c SINGLE FAMILY MORTGAGE REVENUE BONDS ..7 u SERIES 1982 d Dated: December 1, 1982 C � y Due: Decemberl, as shown below The Bonds are being issued jointly by the cities of Brooklyn Center, Columbia Heights and Moorhead, Minnesota, and c c The Housing and Redevelopment Authority in and for the City of Robbinsdale, Minnesota pursuant to a Joint Powers Agreement dated December 1, 1982. U w o Interest on the Bonds is payable June 1, 1983 and semiannually thereafter on June 1 and December 1 of each year. The w Bonds are issuable as fully registered bonds in the denominations of $5,000 or any integral multiple thereof not exceeding a W ea single maturity (except $3,000 in the case of the first Bond maturing December 1, 1985). The principal of the Bonds will be `o payable at the principal office of First Trust Company of Saint Paul, Trustee, in St. Paul, Minnesota, or its successor, and interest on the Bonds will be payable by check or draft mailed to the registered owners thereof. a ° °• MATURITY SCHEDULE Z $3,333,000 ** Serial Bonds - Price 100% ,,,,, _ o Due Interest Due Interest M y ` Amount ** (December 1) Rate Amount ** (December 1) Rate W d $248,000 1985 $330,000 1990 Z 270,000 1986 360,000 1991 C `o 2.1 270,000 1987 380,000 1992 W ^ C 290,000 1988 425,000 1993 Z y 290,000 1989 470,000 1994 F S a $7,260,000 ** % Term Bonds — Price 100% Z _ Due December 1, 2003 $21,165,000 ** % Term Bonds — Price 100% U o 3 Due December 1, 2014 Z = 9 (Plus accrued interest from December 1, 1982) d The holders of the Bonds stated to mature on December 1, 2014 (the "2014 Term Bonds ") will have the right (on or before Q w June 1, 1983) to contract with The First National Bank of Saint Paul, St. Paul, Minnesota (the "Bank ") to accept the Option x z 'fl Bond feature described herein. If the holder of a 2014 Term Bond elects to enter into such contract, such holder will have the e 'o right to tender such Bond (an "Option Bond ") to the Bank for purchase at par on December 1, 1985 and on each June 1 and O 8 — December 1 thereafter upon 60 days' prior written notice and tender thereof, provided that as of such purchase date the Bonds Z a � are not in default under the Indenture, the Option Bond feature has not been canceled by the Option Bond holder and certain other conditions described herein are met. Under the contract with the Bank, the Option Bond holder is obligated to pay a fee W d o to the Bank, payable semiannually, in arrears, on each June 1 and December 1 (commencing June 1, 1983), equal to % of the F S c principal amount of the Option Bonds held by such holders. A holder of Option Bonds may cancel the Option Bond feature of Z TenderlAg Bonds t. The requirement tto payment date Bonds is an obligation solely of First he Bank and other Revenu s Pau, are Q 2 pledged to or available for the purchase of such Option Bonds. See "BONDHOLDERS' RIGHT TO TENDER OPTION Z y BONDS" herein. ,a The Bonds are subject to redemption prior to maturity at the times and prices and upon the terms and conditions described herein. Because the Bonds are subject to ratable mandatory redemption at the principal amount thereof (plus W e ° accrued interest) from time to time from Prepayments with respect to the Mortgage Loans and certain other payments, it is Q ,S u expected that a substantial portion of the Bonds will be redeemed prior to their maturities. � The Bonds are issued for the purpose of enabling the Issuers to purchase Mortgage Loans with respect to single family .4 a- u residences located in the cities of Brooklyn Center, Columbia Heights, Moorhead and Robbinsdale, Minnesota and to deposit < -4:E moneys in a reserve fund and other accounts, as more fully described herein. The Mortgage Loans will be secured by Mortgages U _ and will be originated and sold without recourse to the Issuers by local mortgage lending institutions and will be serviced by r u Banco Mortgage Company. Neither Banco Mortgage Company nor any of the local mortgage lending institutions has any C o obligation with respect to payment of principal of or interest on the Bonds. y . : The Bonds will be payable solely out of the Revenues derived by the Issuers with respect to the Mortgage Loans, oG '° including all payments and prepayments of principal of and interest on Mortgage Loans, and certain funds and accounts Q described herein. The Bonds and interest thereon do not constitute an indebtedness, pecuniary liability, general or moral Z , obligation or pledge of the full faith and credit of the cities of Brooklyn Center, Moorhead, Robbinsdale or Columbia Heights, e The Housing and Redevelopment Authority in and for the City of Robbinsdale, Minnesota, the State of Minnesota or any W u p olitical subdivision of the State of Minnesota, but are payable solely from the sources described above. a o The Bonds are being offered by the Underwriter when, as and if issued by the Issuers and accepted by the Underwriter, 0. subject to the opinion as to their legality by Holmes & Graven, Chartered, Minneapolis, Minnesota, Bond Counsel, the approval of certain matters by Kutak Rock & Huie, Omaha, Nebraska, counsel for the Underwriters, and certain other _ a v conditions. It is expected that the Bonds will be available for delivery in Minneapolis, Minnesota on or about December 29, 1982. Miller & Schroeder Municipals, Inc. The date of this Official Statement is , 1982 *See the caption "RATING" herein. * *Estimate; subject to change. This Official Statement does not constitute an offer to sell the Bonds in any state or other jurisdiction to any person to whom it is unlawful to make such an offer in such state or jurisdiction. No person has been authorized to give any information or to make any representations other than those contained in this Official Statement in connection with the "offers made hereby and, if given or made, such information or representations must not be relied upon as having been authorized by the Issuers, the Bank, the Originators, the Administrator or the Underwriters. The information set forth in this Official Statement has been obtained from the Issuers, the w Bank, the Originators, the Administrator and other sources which are believed to be reliable, but it is not guaranteed as to accuracy or completeness by, and is not to be construed as a representation by, the Underwrit- ers. The information and expressions of opinion herein are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall under any circumstances create any implication that there has been no change in the affairs of the Issuers, the Bank, the Originators and the Administrator since the date hereof. This Official Statement does not constitute an offer or solicitation in any jurisdiction in which such offer or solicitation is not authorized, or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation. TABLE OF CONTENTS Page INTRODUCTION .... .............................. 5 THE ISSUERS ...................... ........................ 6 THE BONDS .. ............................... ..... .... 6 BONDHOLDERS' RIGHT TO TENDER OPTION BONDS .................. 15 SECURITY FOR THE BONDS ......... ..................... . 18 FUNDS AND ACCOUNTS ........ ............................... 19 THE MORTGAGE LOANS ........ ...... ..... ... 22 INSURANCE. ........ .. ............. 32 THE ORIGINATORS ................... .... ........... .. 39 THE ADMINISTRATOR ......................... .. 40 ADMINISTRATOR ACTING AS AN ORIGINATOR ........................ 43 THE ORIGINATION AGREEMENTS . ............................... 43 THE ADMINISTRATION AGREEMENT ............. ..... 48 THEINDENTURE ............. ............................... 54 UNDERWRITING ......... ............................... 58 TAX EXEMPTION 59 CERTAIN VERIFICATIONS ...................................... 60 OPINIONS .................. ............................... 60 RATING ................ ................. .. 60 DEFINITIONS.. ... .............................. .. 62 EXHIBIT A — HOUSING MARKET INFORMATION FOR THE CITIES .......... A -1 EXHIBIT B GENERAL INFORMATION REGARDING THE CITIES ........... B -1 IN CONNECTION WITH THIS OFFERING, THE UNDERWRITERS MAY OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF THE BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MAR- KET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. THESE SECURITIES HAVE NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION UNDER THE SECURITIES ACT OF 1933, AS AMENDED. 2 SUMMARY STATEMENT This Summary. Statement is subject in all respects to more complete information contained in this Official Statement. The offering of the Bonds to potential investors is made only by means of this entire Official Statement, including the definitions herein. No person is authorized to detach this Summary Statement from this Official Statement or to otherwise use it without this entire Official Statement, including the Definitions herein. The Offering The offering consists of $31,758,000* principal amount of the Issuers' Single Family Mortgage Revenue Bonds, Series 1982 dated December 1, 1982. The Bonds are being issued jointly by the cities of Brooklyn Center, Columbia Heights and Moorhead, Minnesota, and The Housing and Redevelopment Authority in and for the City of Robbin- sdale, Minnesota pursuant to a Joint Powers Agreement dated December 1, 1982. Redemption The Bonds are subject to redemption prior to maturity at the principal amount thereof (plus accrued interest) at the times and upon the terms and conditions described herein. Because the Bonds are subject to ratable mandatory redemption at the principal amount thereof (plus accrued interest) from time to time from Prepayments with respect to Mortgage Loans and certain other payments, it is expected that all or a substantial portion of the Bonds will be redeemed prior to their maturities. Bondholders' Right to Tender Option Bonds For a period of time ending on June 1, 1983, the holders of Bonds due December 1, 2014 (the "2014 Term Bonds ") have the right to elect to contract with The First National Bank of Saint Paul, St. Paul, Minnesota (the "Bank ") for a semi - annual fee equal to percent of the principal amount of his 2014 Term Bonds to tender such Bonds ( "Option Bonds ") to the Bank for purchase at 100% of the principal amount thereof on December 1, 1985, and on each June 1 and December 1 thereafter, upon 60 days' prior written notice and tender thereof, provided that as of such purchase date the Bonds are not in default under the Indenture, the Option Bond feature has not been cancelled by the Option Bond holder and certain other conditions are met. The holders of such Option Bonds may cancel the option to tender and terminate the payment of the fee to the Bank on any interest payment date upon 60 days' prior written notice to First Trust Company of Saint Paul, as Tender Agent. (See "BONDHOLDERS' RIGHT TO TENDER OPTION BONDS. ") Use of Proceeds The net proceeds from the issuance of the Bonds will be used to purchase Mortgage Loans ($28,966,650 *), as will $684,810* in Commitment Fees from participating mortgage lending institu- tions, $244,000* from participating developers and contributions of $320,000* from the Cities; to fund a Debt Service Fund ($1,587,900 *); and to pay the costs of issuance ($409,500 *). Source of Payment and Security Pursuant to the Indenture, the Bonds are payable from and are secured by a pledge to the Trustee of Revenues, which generally are described as follows: (1) Payments, including Prepayments, on the Mortgage Loans. (2) The Debt Service Reserve Fund funded from Bond proceeds and required to be main- tained by the Trustee in the amount of the lesser of five percent of the principal amount of the outstanding Bonds or 150% of debt service on the Bonds for the current Bond Year. (3) Income derived from investment of the moneys deposited in the funds and accounts created pursuant to the Indenture. The Bonds and interest thereon do not constitute an indebtedness, pecuniary liability, general or moral obligation or pledge of the full faith and credit of the Cities, The Housing and Redevelopment Authority in and for the City of Robbinsdale, Minnesota, the State of Minnesota or any political subdivision of the State of Minnesota, but are payable solely from Revenues. The Mortgage Loans Each Mortgage Loan must be (i) made to finance a private detached one - family dwelling (not including a mobile home or trailer even if attached to a permanent foundation), a townhouse or a one- family apartment under condominium ownership, owned and occupied by one person or family as a *Estimate; subject to change. - 3 principal residence, containing complete living facilities and located within the geographical bounda- ries of one of the Cities, (n) made to a mortgagor whose Adjusted Gross Income does not exceed certain limits described under the caption "THE MORTGAGE LOANS — Representations, Warranties and Covenants of the Originators Concerning Mortgage Loans," and (iii) originated in compliance with certain additional requirements described under the caption "THE MORTGAGE LOANS." Each Mortgage loan will be amortized on a level basis for a term of 30 years and will bear interest at the rate per annum of %, %, % and % for the cities of Brooklyn Center, Columbia Heights, Moorhead and Robbinsdale, respectively. The Cities and Authority The City of Moorhead, Minnesota is a political subdivision of the State of Minnesota, located approximately 275 miles northwest of the cities of Minneapolis and St. Paul and adjacent to the City of Fargo, North Dakota. The City of Brooklyn Center, Minnesota is a political subdivision of the State of Minnesota, located in the northern suburban area of Minneapolis. The City of Columbia Heights, Minnesota is a political subdivision of the State of Minnesota, located in the northern suburban area of Minneapolis. The City of Robbinsdale, Minnesota is a political subdivision of the State of Minnesota, located in the northern suburban area of Minneapolis. The Housing and Redevelopment Authority in and for the City of Robbinsdale, Minnesota is a public body corporate and politic under the laws of Minnesota. Mortgage Loan Originators The Mortgage Loans will be originated and sold to the Issuers by several mortgage lending institutions. None of these institutions has any obligation with respect to payment of principal of and interest on the Bonds. Administrator The origination of all the Mortgage Loans will be reviewed and all the Mortgage Loans will be serviced by Banco Mortgage Company, Minneapolis, Minnesota. Banco Mortgage Company has no obligation with respect to payment of principal of and interest on the Bonds. Insurance Pursuant to the Origination Agreements and the Administration Agreement, the following insur- ance policies will be obtained: (1) FHA Insurance, a VA Guaranty or a Private Mortgage Insurance Policy (except that only Private Mortgage Insurance may be used in Moorhead) on any Mortgage Loan with a principal amount in excess of 75% of the lesser of the purchase price or appraised value of the mortgaged property is required to be maintained and paid for by each mortgagor. (2) A Standard Hazard Insurance Policy with extended coverage on each residence is required to be maintained and paid for by each mortgagor. (3) A Special Hazard Insurance Policy is required to be maintained, with a maximum policy limit of one percent of the aggregate initial principal balance of the Mortgage Loans or two times the principal amount of the largest Mortgage Loan purchased, covering certain otherwise unin- sured hazard risks and coinsurance losses under the mortgagor's Standard Hazard Insurance Policy, and is to be paid for from Revenues. (4) A Mortgage Pool Insurance Policy, to be paid for from Revenues, is required to be maintained and must cover 100% of all losses on the Mortgage Loans made in Robbinsdale, Brooklyn Center and Columbia Heights by reason of default until the policy limit is reached. The maximum policy limit is an amount equal to 15% of the aggregate original principal amount of Mortgage Loans made in Robbinsdale, Brooklyn Center and Columbia Heights which can be purchased by the Issuers. Definitions Definitions of certain words used in this Official Statement are set forth at the page following the execution page of this Official Statement. 4 OFFICIAL STATEMENT $31,758 ** CITY OF BROOKLYN CENTER, CITY OF COLUMBIA HEIGHTS, CITY OF MOORHEAD, AND THE HOUSING AND REDEVELOPMENT ' AUTHORITY IN AND FOR THE CITY OF ROBBINSDALE, MINNESOTA SINGLE FAMILY MORTGAGE REVENUE BONDS SERIES 1982 INTRODUCTION This Official Statement, including the cover page, Summary Statement and definitions, is fur - nished in connection with the issuance and sale by the cities of Brooklyn Heights, Columbia Heights and Moorhead, Minnesota and The Housing and Redevelopment Authority in and for the City of Robbinsdale, Minnesota (collectively, the "Issuers ") of $31,758,000* aggregate principal amount of their Single Family Mortgage Revenue Bonds, Series 1982 (the "Bonds "). The Bonds are being issued pursuant to an Indenture of Trust dated as of December 1, 1982 (the "Indenture ") between the Issuers and First Trust Company of Saint Paul, St. Paul, Minnesota, (the "Trustee "), and American National Bank and Trust Company, St. Paul, Minnesota (the "Co- Trustee ") as trustees, to provide funds to purchase newly originated mortgage loans (the "Mortgage Loans ") secured by first mortgage liens (subject to certain permitted encumbrances) on single family, owner- occupied residential housing units located in the cities of Brooklyn Center, Columbia Heights, Moorhead and Robbinsdale, Minnesota (collectively, the "Cities ") and meeting certain other conditions hereinafter described, to make depos- its in various funds and accounts and to pay Bond issuance costs. The Bonds are being issued jointly by the Issuers pursuant to .a Joint Powers Agreement dated,December 1, 1982 (the "Joint Powers Agree- ment ") being entered into among the Issuers pursuant to the Minnesota Joint Powers Act. Pursuant to the Mortgage Origination and Sale Agreements dated as of December 1, 1982 (the "Origination Agreements ") among the Issuers, the Administrator, the Trustee and the mortgage lending institutions (the "Originators ") described under the caption "THE ORIGINATORS" (and the Co- Trustee in the case of Origination Agreements with Originators in Moorhead), the Originators are obligated to originate, sell and deliver Mortgage Loans to the Issuers in the respective amounts (the "Mortgage Loan Commitments ") set forth under the caption "THE ORIGINATORS." Pursuant to a Program Administration and Servicing Agreement dated as of December 1, 1982 (the "Administration Agreement ") among the Issuers, the Trustee, the Co- Trustee and Banco Mortgage Company, Minne- apolis, Minnesota (the "Administrator "), the Administrator has agreed to review the origination of the Mortgage Loans by the Originators and to service on behalf of the Issuers the Mortgage Loans purchased by the Issuers. Each Mortgage Loan must be (i) for a private detached one - family dwelling (not including a mobile home or trailer, even if attached to a permanent foundation), a townhouse or a one - family apartment under condominium ownership owned and occupied by one person or family as a principal residence, containing complete living facilities and located within the geographical boundaries of one of the Cities, (ii) to a mortgagor whose Adjusted Gross Income does not exceed certain limits set forth under the caption "THE MORTGAGE LOANS — Representations, Warranties and Covenants of the Originators Concerning Mortgage Loans," (iii) covered by the insurance policies hereinafter described, and (iv) in compliance with certain other requirements. Definitions of certain words and terms used in this Official Statement are set forth following the execution page of this Official Statement. This Official Statement contains brief descriptions of the *Estimate; subject to change. 5 Issuers, the Bonds, the Bondholders' right to tender Option Bonds, the security for the Bonds, the Mortgage Loans, the insurance covering the Mortgage Loans, the Originators, the Administrator, the Origination Agreements, the Administration Agreement and the Indenture. Such descriptions and information do not purport to be comprehensive or definitive. All references herein to documents and agreements are qualified in their entirety by reference to such documents and references herein to the Bonds are qualified in their entirety by reference to the form of the Bonds included in the Indenture. Until the issuance and delivery of the Bonds, copies of the Indenture, the Origination Agreements, the Administration Agreement, the Tender Agreement and other documents herein described may be obtained from Miller & Schroeder Municipals, Inc. in Minneapolis, Minnesota (the "Underwriter "). Copies of such documents will be available for inspection at the principal corporate trust office of the Trustee after delivery of the Bonds. THE ISSUERS The cities of Brooklyn Center, Columbia Heights and Moorhead are political subdivisions of the State of Minnesota organized and existing under and pursuant to the Constitution and laws of Minnesota. The Housing and Redevelopment Authority in and for the City of Robbinsdale, Minnesota (the "Authority ") is a public body corporate and politic created by and authorized to act on behalf of the City of Robbinsdale. Pursuant to the Joint Powers Act and Minnesota Statutes, Section 462C.01 et seq. (the "Act ") and Ordinance No. 82 -13 of the City of Robbinsdale adopted on October 19, 1982, the Issuers are authorized to finance housing and to acquire residential mortgage loans and to issue revenue bonds for such purposes. A general description of each of the Cities is contained in Exhibit B hereto. Neither the Cities nor the Authority has any experience in originating or servicing mortgage loans of any type. Pursuant to the Origination Agreements, each Originator has agreed to originate a stated amount of the Mortgage Loans and sell them without recourse to the Issuers. Pursuant to the Adminis- tration Agreement, the Administrator has agreed to review the origination of the Mortgage Loans for compliance with the Origination Agreements, to service the Mortgage Loans, and to transfer Mortgage Loan payments to the Trustee. The Issuers will have no direct responsibility with respect to the origination or servicing of the Mortgage Loans or the collection, transferor payment of any moneys in connection therewith. Pursuant to the Act, any one city in Minnesota may issue bonds intended to be used to make or P rchase mortgage a e 1 Y oans only after obtaining an allocation from the Minnesota Housing inance Agency of authority g g y to issue a ualified mortgage bonds. q gg THE BONDS General Description The Bonds are issuable as fully registered bonds without coupons in the denomination of $5,000 or any integral multiple thereof (except $3,000 in the case of the first Bond maturing December 1, 1985). The Bonds will be dated as of December 1, 1982, except that after the initial issuance of the Bonds, Bonds issued in exchange for Bonds surrendered for transfer or exchange will be dated as of the date to which interest has been paid in full on the Bonds surrendered. The Bonds will bear interest from their respective dates. Interest on the Bonds will be payable semiannually on June 1 and December 1 of each year, commencing June 1, 1983. Principal of the Bonds will be paid upon the maturity of such Bonds at the principal office of the Trustee in St. Paul, Minnesota. Interest on Bonds will be paid by check or draft mailed to the registered owners thereof. Bonds may be transferred or exchanged at the principal office of the Trustee. In each case, the Trustee may require the payment of a service charge not exceeding $5.00 by the holder bf any Bond requesting exchange or transfer of Bonds, and the Trustee may require payment of a sum sufficient to cover any tax or other governmental charge which either the Trustee or the Issuers are required to pay in relation thereto. The Trustee will not be required (i) to transfer or exchange any Bond during a period beginning at the opening of business on the 15th day of the calendar month next preceding 6 I� either any Bond interest payment date or any day for the'selection of Bonds to be redeemed and ending at the close of business on such Bond interest payment date or day on which the notice of redemption is given, or (ii) to transfer or exchange any Bonds selected, called or being called for redemption in whole or in part. If any Bond is mutilated, lost, stolen or destroyed, the Issuers will execute and the Trustee will authenticate, subject to provisions of the Indenture, a new Bond or Bonds of the same date, maturity, denomination and interest rate. In the case of a lost, stolen or destroyed Bond, the Issuers and the Trustee may require satisfactory indemnification. The Issuers and the Trustee may charge the holders of the Bonds with their reasonable fees and expenses in connection with replacing any Bonds muti- lated,lost, stolen or destroyed. Sources and Applications of Funds Following is a summary of the sources and uses of funds in connection with the issuance of the Bonds: Sources of Funds* Bond Proceeds (exclusive of accrued interest, which will be deposited in the Revenue Fund) ................ .............. $31,758,000 Originator Commitment Fees ............ 684,810 Developer Fees ......................... ..... . 244,000 Contributions of Cities ...... .................... .... 320,000 Total ......... ............................... $33,006,810 *Estimate; subject to change. Applications of Funds* Deposit in the Mortgage Loan Fund to Purchase Mortgage Loans Brooklyn Center Mortgage. Loan Subaccount ...... $7,703,787 Columbia Heights Mortgage Loan Subaccount ........ 7,936,632 Moorhead Mortgage Loan Subaccount ............. 7,593,000 Robbinsdale Mortgage Loan Subaccount ............ 6,633,846 $29,867,265 Reimbursements* Originators .......... . .. $ 203,195 Developers ...... ............... .... 75,000 Cities .... ...... 70,000 $ 348,195 Deposit in Cost of Issuance Fund ................. 409,500 Deposit in Debt Service Reserve Fund .............. 1,587,900 Underwriters' Discount ....................... 793,950 Total ....... .... $33,006,810 *Estimate; subject to change. * *Reimbursements is not a fund established under the Indenture, but represents moneys required to be reimbursed during the course of originating Mortgage Loans out of the related Mortgage Loan Subaccount. Under the Indenture, the Mortgage Loan Fund will contain four subaccounts, one relating to each of the Cities, with the moneys therein being used to purchase Mortgage Loans solely within the 7 geographical boundaries of the particular city. See "FUNDS AND ACCOUNTS — Mortgage Loan Fund." The following table reflects the expected flow of moneys through the Mortgage Loan Fund subaccounts: Brooklyn Center Columbia Heights Robbinsdale Mortgage Loan Mortgage Loan Moorhead Mortgage Mortgage Loan Subaccount Subaccount Loan Subaccount Subaccount Deposits* (1) Net Bond Proceeds Allocation $7,503,787 $7,936,632 $7,593,000 $6,633,846 , (2) Originators' Commitment Fees (a) Builder - Developer Loans * ** 75,000 90,000 $18,000 Standby -0- Letter of Credit ** (b) Standard Mortgage Loans * ** 156,112 148,098 $40,533 Standby 215,600 Letter of Credit ** (3) Builder - Developer Participation Fees ................ 120,000 70,000 54,000 -0- (4) Contributions of Cities ...... -0- -0- 250,000 70,000 Reimbursements* (1) To Originators ........... 179,075 49,366 -0- 49,754 (2) To Builder - Developers ....... -0- -0- -0- -0- (3) To City ................ -0- -0 -0- 70,000 *Estimate; subject to change. A description of each of the Cities' deposits and reimbursements is provided in the text immediately following this table. * *For a description of the standby letters of credit, see "THE BONDS — Deposits and Reimbursements from Subaccounts - Moorhead. * * *A Builder- Developer Loan is a financing to a prospective mortgagor purchasing Homes newly constructed by a Builder - Developer pursuant to a Builder - Developer Commitment. A Standard Mortgage is a Mortgage Loan other than a Builder- Developer Loan. Deposits and Reimbursements from the Subaccounts Brooklyn Center Builder- Developer Commitments for the City of Brook nter will equal $2,500,000 ** he Builder- Developers will contribute an amount equal 0 4:8 %* f such Commitments 20,000 f r $2,500,000 in Builder - Developer Commitments). Origina s will also contribute 3 % of t e er- Developer Commitments ($75,000 for $2,500,000 in Builder - Developer Commitments). $5,203,787* will be available for Standard Mortgage Loans and Originators will contribute commitment fees equal to 3 % of the portion of their Mortgage Loan Commitments relating to Standard Mortgage Loans (the "Commitment Fees ") ($156,112 for $5,203,787 of Standard Mortgage Loans).* Builder- Developer Mortgage Loans will be purchased at 100 % of par plus 3%* of the original principal amount of the Mortgage Loan and Standard Mortgage Loans will be purchased at 100%* of par plus 2%* of the original principal amount of the Mortgage Loan; thus, to the extent Mortgage Loans are purchased, the Originators will receive back a portion of their Commitment Fees equal to 3 % ($75,000 for $2,500,000 of Builder - Developer Loans) or 2%* ($104,075 for Standard Mortgage Loans) of their Mortgage Loan Commitments. The Builder - Developer's Fee is nonrefundable. *Estimate; subject to change. * *The Origination Agreements will be executed by the Originators at the initial delivery and authenti- cation of the Bonds; consequently, the amounts of the Commitments are an estimate of the Issuers and subject to change. 8 Columbia Heights Builder- Developer Commitments for the City of Columbia Heights will equal $3,000,000 ** and the Builder- Developers will contribute an amount equal to 21/3 %* of such Commitments ($70,000 for $3,000,000 in Builder - Developer Commitments). Originators will also contribute 3 %* of the Builder - Developer Commitments ($90,000 for $3,000,000 in Builder- Developer Commitments). $4,936,632* will be available for Standard Mortgage Loans and Originators will contribute 2 %* of their Mortgage Loan Commitments in Commitment Fees ($148,098 for $4,936,632 of Standard Mortgage Loans). Builder- Developer Mortgage Loans will be purchased at 100 % of par and Standard Mortgage Loans will be purchased at 100 %* of par plus 1% of the original principal amount of the Mortgage Loan; thus, to the extent Standard Mortgage Loans are purchased, the Originators will receive back a portion of their Commitment Fees equal to 1%* of the Mortgage Loan Commitment ($49,366 for $4,936,632 of Standard Mortgage Loans). The Builder - Developer's Fee is nonrefundable. Moorhead The City of Moorhead will deposit $250,000* with the Trustee to be deposited into the Moorhead Mortgage Loan Subaccount. Builder- Developer Commitments for the City of Moorhead will equal $3,600,000 ** and the Builder - Developers will contribute an amount equal to 1 1 /2 %* of such Commit- ments ($54,000 for $3,600,000 in Builder- Developer Commitments). Originators will also contribute 1/2 %* of the Builder - Developer Commitments ($18,000 for $3,600,000 in Builder - Developer Commit- ments) in the form of standby letters of credit issued by . Under the Indenture, the Trustee is directed to draw upon a letter of credit on the day following the end of the Delivery Period an amount equal to the amount of the letter of credit multiplied by the percentage of the Originator's Mortgage Loan Commitment which was not used (as specified by the Administrator). The amount drawn will be deposited in the Revenue Fund and used to pay interest on the Bonds. $4,055,329* will be available for Standard Mortgage Loans and Originators will contribute 1 %* of their Mortgage Loan Commitment ($40,553 for $4,055,329 of Standard Mortgage Loans) in the form of standby letters of credit issued by to be drawn on in the same manner as the standby letters of credit described above. Originators will charge each seller of a Home financed with a Standard Mortgage Loan 2 % of the principal amount of the Mortgage Loan, 1/2 %* as an origination fee to be retained by the Originator and 1 1 /2%* which is remitted to the Trustee to be deposited in the Moorhead Mortgage Loan Fund Subaccount. Accordingly, the Standard Mortgage Loans will be purchased at 100%* of par less 11/2 %* of the original principal amount of the Mortgage Loan. The Builder - Developer Fees and Commitment Fees and the City of Moorhead's contribution are nonrefundable. Robbinsdale The City of Robbinsdale will deposit $70,000* with the Trustee to be deposited into the Robbins- dale Mortgage Loan Subaccount, a pro rata portion of which will be returned to the City of Robbinsdale to the extent Mortgage Loans are made and purchased in Robbinsdale. There are no Builder- Developer Commitments for the City of Robbinsdale as of the date of the delivery of the Bonds. $6,633,846* will be available for Standard Mortgage Loans and the Originators will contribute 3 /a %* of their Mortgage Loan Commitments as Commitment Fees ($215,600 for $6,633,846 of Standard Mortgage Loans). *Estimate; subject to change. * *The Origination Agreements will be executed by the Originators at the initial delivery and authenti- cation of the Bonds; consequently, the amounts of the Commitments are an estimate of the Issuers and subject to change. 9 The Standard Mortgage Loans will be purchased at 100 %* of par less 3/4 %* of the original principal amount of the Mortgage Loan; thus, to the extent the Standard Mortgage Loans are pur- chased, the Originators will receive back from the Robbinsdale Mortgage Loan Subaccount a portion of their Commitment Fees equal to 3/4 %* ($49,754 for $6,633,846 of Standard Mortgage Loans) of their Mortgage Loan Commitments. Structure Assumptions The maturities for the Bonds have been established on the basis of the scheduled payments of the Mortgage Loans (as if no Prepayments would occur). Based on the assumptions set forth below, the projected payments of principal of and interest on the Mortgage Loans (as well as income anticipated to be derived from investment thereof) plus moneys anticipated to be on deposit in the various funds and accounts (as well as earnings thereon) are anticipated to generate sufficient Revenues to pay on a timely basis the principal (including mandatory sinking fund redemption) of and interest on the Bonds, as well as the Administrator's Servicing Fee, the premiums on the Special Hazard Insurance Policy, the Mortgage Pool Insurance Policy and the Trustee's fee. (1) An aggregate principal amount of $7,703,787 *, $7,936,632 *, $7,653,800* and $6,633,846* of Mortgage Loans will be purchased by the Issuers and will bear interest at the rates of %, %, % and % per annum, for loans made in (i) Brooklyn Center, (ii) Columbia Heights (iii) Moorhead and (iv) Robbinsdale, respectively. Each mortgagor will be required to pay along with the final payment on his Mortgage Loan (or any Prepayment) a deferred participation fee equal to two percent* of the original principal amount of his Mortgage Loan. (2) All Mortgage Loans will be for a term of 30 years. (3) The amount of scheduled payments of principal of and interest on the Mortgage Loans not made on a timely basis will not at any time exceed the amount in the Debt Service Reserve Fund (see the caption "THE ADMINISTRATOR — Loss and Delinquency Experience "). (4) The amount of losses and related expenses on the Mortgage Loans (net of all insurance proceeds and other recoveries with respect to the Mortgage Loans, except proceeds received under the Mortgage Pool Insurance Policy) will not exceed the limit of liability of the Mortgage Pool Insurance Policy (see the caption "THE ADMINISTRATOR Loss and Delinquency Experience"). (5) The following Funds will be invested at the following rates with under an Investment Agreement dated December 29, 1982: Mortgage Loan Fund % and Debt Service Reserve Fund %. All amounts in the other funds and accounts will be invested in short -term investments at a rate of % per annum until December 1, 19 and 5 /s % per annum thereafter. While it is believed that the assumptions presented above are reasonable, the assumptions concern factors which cannot be predicted with assured accuracy and, therefore, may prove to be incorrect. Computer simulations using the assumptions set forth above project that there will be available sufficient revenues for the timely payment of all principal of and interest on the Bonds and all expenses in connection with the Bonds and the Mortgage Loans under each of the following sets of circum- stances: (a) none of the amounts in the Mortgage Loan Fund are ever used to acquire Mortgage Loans, (b) all of the amounts in the Mortgage Loan Fund are used to acquire Mortgage Loans (i) at the last date permitted by the Indenture and those Mortgage Loans do not prepay, (ii) at the expected rate of aquisition and those Mortgage Loans prepay at a rate equal to 100% of past FHA experience relating to insured single - family (one- to four -unit) mortgage loans in a six state area including the State of Minnesota (so that the average life of the Mortgage Loans would be approximately 12 years); 400% of such past FHA experience (five -year average life); and 950% of such past FHA experience (three -year average life), and (c) half of the amounts in the Mortgage Loan Fund are never used to acquire *Estimate; subject to change. 10 Mortgage Loans and half are used to acquire Mortgage Loans at the fastest rate permitted by the Investment Agreement and those Mortgage Loans then prepay at a rate equal to 400% of the past FHA q p experience (so that the average life of the Mortgage Loans would be approximately five years). In the event that a mortgagor defaults in the payments on a Mortgage Loan and the Administrator institutes foreclosure proceedings, there will be certain required time delays which, should they occur with respect to a sufficient number of Mortgage Loans, could disrupt the flow of revenues available for the payment of principal of and interest on the Bonds. These time delays derive from the procedures applicable to the collection of mortgage insurance or guarantees as well as those required under Minnesota law for the enforcement of rights of mortgagees. Those procedures and their effect on the Administrator's ability to collect on defaulted Mortgage Loans are described under the captions "INSURANCE" and "THE MORTGAGE LOANS — Foreclosure Laws." It is anticipated that the Mortgage Loans will be partially or completely prepaid or terminated prior to their respective final maturities as a result of events such as sale, default, condemnation or casualty loss. Because of the lack of historical basis with respect to prepayments of Mortgage Loans (see the caption "THE MORTGAGE LOANS — Maturity and Prepayment Experience "), no prepay- ments of the Mortgage Loans have been assumed in establishing a maturity schedule for the Bonds. The Bonds are therefore subject to mandatory redemption at the principal amount thereof from Mortgage Loan prepayments (see the caption "THE BONDS — Redemption Provisions — Special Mandatory Redemption "). It is anticipated that the payments on the Mortgage Loans, the investment thereof, and the investment of the moneys in the Debt Service Reserve Fund and Mortgage Loan Fund will generate moneys in excess of the amounts required to pay principal of and interest on the Bonds and the expenses incurred in connection with the Bonds and the Mortgage Loans. This excess will be used to redeem the Bonds prior to their maturities (see the caption "THE BONDS — Redemption Provisions — Special Mandatory Redemption "). The foregoing estimates and conclusions may be subject to variation. See, however, the caption "CERTAIN VERIFICATIONS." 11 Debt Service on the Bonds The following table sets forth the amounts required to pay scheduled annual debt service on the Bonds: Principal Semiannual Year Ending Payable at Sinking Fund Interest Total Debt December 1 Maturity* Installments* Payments Service 1983 $ 0- $ $ $ 1984 -0 1985 248,000 1986 270,000 1987 270,000 1988 290,000 1989 290,000 1990 330,000 1991 360,000 1992 380,000 1993 425,000 1994 470,000 1995 520,000 1996 585,000 1997 635,000 1998 715,000 1999 790,000 2000 850,000 2001 945,000 2002 1,060,000 2003 1,160,000 -0- 2004 1,275,000 2005 1,410,000 2006 1,590,000 2007 1,725,000 2008 1,930,000 2009 2,105,000 2010 2,355,000 2011 2,605,000 2012 _ 2,895,000 2013 1,755,000 2014 1,520,000 TOTAL $4,853,000 $26,905,000 $ $ *Estimate; subject to change. Redemption Provisions Special Mandatory Redemption. The Bonds are subject to redemption in whole or in part on December 1, 1984 and on any Bond interest payment date thereafter, at a redemption price equal to the principal amount thereof plus accrued interest to the redemption date from and to the extent there are deposits in the Special Redemption Account from the following sources: (1) Amounts remaining in the Mortgage Loan Fund and not applied to the purchase of Mortgage Loans prior to the end of the Delivery Period for the Mortgage Loans (November 1, 1984 or such later date as may be set by the Issuers under the Indenture, but not later than November 1, 1985 — see "THE ORIGINATION AGREEMENTS — Time Limits and Mortgage Loan Commitment Restrictions"); 12 (2) Prepayments of principal of Mortgage Loans (including Revenues relating to a defaulted Mortgage Loan but excluding Prepayments received during the Commitment Period, which amounts will be credited to the Mortgage Loan Fund); (3) Excess Revenues transferred to the Special Redemption Account from the Revenue Fund (see "FUNDS AND ACCOUNTS — Flow of Funds — Revenue Fund "); and (4) Excess funds in the Debt Service Reserve Fund resulting from a decrease in the amount to be retained in the Debt Service Reserve Fund to comply with the Debt Service Reserve Require- ment (see "FUNDS AND ACCOUNTS — Debt Service Reserve Fund"). At least 30 days prior to December 1, 1984, and at least 30 days prior to each interest payment date thereafter, the Trustee is to calculate the amount of funds from the above sources in the Special Redemption Account as of such date. The Trustee will not call Bonds for redemption if the amount in the Special Redemption Account available for redemption is $20,000 or less. Bonds will be called only in principal amounts of $5,000 or any integral multiple thereof. The Trustee will not call Bonds maturing December 1, 2003 (the "2003 Term Bonds ") for redemption so long as any other Bonds are outstanding. If less than all the Bonds are to be redeemed pursuant to the foregoing, the Bonds to be redeemed will be selected by the Trustee by lot and redeemed on a reasonably proportionate basis from among all the then existing maturities of the Bonds (excluding the 2003 Term Bonds so long as any other Bonds are outstanding) and by lot within each maturity, such basis to be determined and effectuated as nearly as practicable by the Trustee by multiplying the total amount of moneys available to redeem Bonds on the date fixed for redemption by the ratio which the principal amount of all Bonds outstanding in each maturity (excluding the 2003 Term Bonds so long as any other Bonds are outstanding) bears to the principal amount of all Bonds then outstanding (excluding the 2003 Term Bonds so long as any other Bonds are outstanding) provided that Bonds will be redeemed only in integral multiples of $5,000. Upon determination by the Trustee that available sums on hand with the Trustee in all Funds and Accounts (other than the Excess Arbitrage Fund) will be sufficient on the next interest payment date to redeem all outstanding Bonds, the Trustee will transfer such available sums to the Redemption Fund and redeem all outstanding Bonds on the next available interest payment date at a redemption price of 100% of the principal amount so redeemed plus accrued interest to the date fixed for redemption. Optional Redemption. The Bonds maturing on or after December 1, 1993* are subject to redemption, at the option of the Issuers, in whole or in part, in inverse order of maturity, on Decem- ber 1, 1992 and on any Bond interest payment date thereafter from funds from any source at the principal amount thereof plus accrued interest to the date fixed for redemption. Sinking Fund Redemption. The Term Bonds are subject to mandatory redemption in part by lot, at the principal amount thereof together with accrued interest thereon, without premium, from moneys available therefor in the Revenue Fund (see "FUNDS AND ACCOUNTS Flow of Funds — Revenue Fund "), on December 1 of the following years and in the following principal amounts: 2003 Term Bonds 2014 Term Bonds Principal Principal Year Amount' Year Amount* 1995 $ 520,000 2004 $1,275,000 1896 585,000 2005 1,410,000 1997 635,000 2006 1,590,000 1998 715,000 2007 1,725,000 1999 790,000 2008 1,930,000 2000 850,000 2009 2,105,000 2001 945,000 2010 2,355,000 2002 1,060,000 2011 2,605,000 2012 2,895,000 2013 1,755,000 * Estimate; subject to change. 13 To the extent that Term Bonds are redeemed in part as a result of the application of the Special Redemption Account or the Optional Redemption Account, each Sinking Fund Installment relating to 2003 Term Bonds or 2014 Term Bonds is to be reduced by the amount obtained by multiplying the principal amount of 2003 Term Bonds or 2014 Term Bonds, as the case may be, so called for redemption by the ratio which such Sinking Fund Installment bears to the total Sinking Fund Installments relating to 2003 Term Bonds or 2014 Term Bonds, as the case may be, remaining unpaid (treating the payment of Bonds to come due at maturity in 2003 and 2014 without having been redeemed as if such payment were a Sinking Fund Installment), and by rounding such Sinking Fund Installment to the nearest $5,000 multiple. As soon as practicable after the 35th day and before the 20th day prior to each Sinking Fund Installment date, the Trustee will proceed to select for redemption (by lot in such manner as the Trustee may determine) from all outstanding Term Bonds a principal amount of such Bonds equal to the aggregate principal amount of such Bonds redeemable with the required Sinking Fund Installment, and will call such Bonds or portions thereof ($5,000 in principal amount or any integral multiple thereof) for redemption on such Sinking Fund Installment date and give notice of such call. General Provisions. Notice of the call for any redemption, identifying the Bonds or portions thereof to be redeemed, will be given by the Trustee by mailing a copy of the redemption notice by first- class mail at least 20 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed in whole or in part at the address shown on the registration books. Failure to give such notice by mailing to any Bondholder, or any defect therein, will not affect the validity of any proceed- ings for the redemption of any of the Bonds. Upon the giving of notice and the deposit of funds for redemption, interest on the Bonds or portions thereof thus called will no longer accrue after the date fixed for redemption. Purchase of Bonds; Tenders If at any time moneys are held in any Fund or Account under the Indenture to be used to redeem Bonds, in lieu of such redemption the Issuers may direct the Trustee to use part or all of such moneys to purchase Bonds of the respective maturities which would otherwise be subject to redemption from such moneys. The purchase price of such Bonds plus any additional fees of the Trustee will not exceed par plus accrued interest. Any such purchase is required to be completed prior to the time notice would otherwise be required to be given to redeem the related Bonds. All Bonds so purchased will be cancelled and applied as a credit against the related redemption obligation. Savings resulting from the purchase of Bonds at less than their respective redemption prices will be used to purchase or redeem additional Bonds to the extent permitted by the provisions of the Indenture. The Issuers may direct the Trustee at least 60 days prior to any redemption date to request the submission of tenders following published notice requesting such submission prior to making such purchases. In such event the Trustee will specify the period of time between such notice and the date upon which tenders are to be accepted. No tenders will be accepted for a price which, when added to any additional fees of the Trustee, exceeds par plus accrued interest. The Trustee will accept bids with the lowest price and in the event the moneys available for purchase pursuant to such tenders are not sufficient to permit acceptance of all tenders and if there are tenders at an equal price exceeding the amount of moneys available for purchase, then the Trustee will select by lot, in such manner as it determines in its discretion, the Bonds tendered which will be purchased. Additional Bonds The Indenture does not permit the issuance of additional Bonds payable from the Mortgage Loans, except Bonds to replace mutilated, lost, stolen or destroyed Bonds. 14 BONDHOLDERS' RIGHT TO TENDER OPTION BONDS General The holders of the 2014 Term Bonds have the right to contract with The First National Bank of Saint Paul, St. Paul, Minnesota (the "Bank ") to accept the option bond feature described below. If a holder of a 2014 Term Bond elects to enter into such contract (on or before June 1, 1983) by executing and delivering to the Trustee a "Put Option Agreement," which may be obtained from the Under- writer, such holder will have the right to deliver to the Trustee, as tender agent for the Bondholder (the "Tender Agent "), all or any part (in the principal amount of $5,000 or any integral multiple thereof) of such Bonds (the "Option Bonds ") for purchase by the Bank at par on December 1, 1985, or on any June 1 or December 1 thereafter (each of said dates being an "Option Bond Purchase Date ") in the following manner and on the following conditions (to avoid the possible application of the short sale rules under Section 1233 of the Internal Revenue Code of 1954, as amended, the holder of a 2014 Term Bond should exercise the option bond feature prior to the delivery of the Bonds, which is expected on or about December 29, 1982): (a) The Option Bonds to be tendered must be delivered to, and received by, the Tender Agent, together with the executed form of notice of request for purchase included on each Option Bond, at least 60 days prior to such Option Bond Purchase Date. Such delivery, when made, is irrevocable. (b) The Tender Agent will in its sole discretion determine when proper notice and tender of Option Bonds have been made. (c) The Option Bonds so delivered will not be purchased by the Bank and will be returned by the Tender Agent if, as of the applicable Option Bond Purchase Date, (i) an "event of default" has occurred and is continuing under the Indenture (see "THE INDENTURE — Defaults and Reme- dies"), (ii) a petition in bankruptcy has been filed under the United States Bankruptcy Code by or against the Bank and remains in effect, (iii) the Tender Agent has not received from the Bank an amount sufficient to purchase such Option Bonds or (iv) the Bondholder has previously cancelled his right to tender Option Bonds to the Bank. See "BONDHOLDERS' RIGHT TO TENDER OPTION BONDS — Tender Agreement" below. (d) The purchase price of tendered Option Bonds will be payable solely from amounts received by the Tender Agent from the Bank pursuant to the Tender Agreement (the "Tender Agreement ") dated as of December 1, 1982 among the Bank, the Tender Agent and the holder of each Option Bond. The purchase price of tendered Option Bonds is not payable from or secured by the Revenues derived by the Issuers under the Program or g any other funds of the Issuers. (e) Interest accrued on the tendered Option Bonds through the applicable Option Bond Purchase Date is to be paid from the Revenue Fund to the holders of Option Bonds as if such Bonds had not been tendered for purchase. (f) Option Bonds so tendered and purchased will continue to be deemed outstanding for all purposes under the Indenture, including special mandatory, optional and sinking fund redemp- tion, and such Bonds may be retained or sold by the Bank. (g) The holder of each Option Bond will pay a semiannual fee (the "Put Fee "), in arrears, to the Bank in an amount equal to %* of the principal amount of the Option Bonds owned by such holder. The Trustee will pay the Put Fee on behalf of the Bondholder directly to the Bank by deducting such fee from the semiannual interest payment due to the Bondholder on his Option Bonds. The Bank will not purchase any Option Bonds with respect to which it has not received its Put Fee on a timely basis. See "BONDHOLDERS' RIGHT TO TENDER OPTION BONDS — The Tender Agreement." *Estimate; subject to change. 15 (h) Any holder of an Option Bond may irrevocably cancel the Option Bond feature on any interest payment date upon 60 days' prior written notice to the Tender Agent. On the interest payment date following cancellation, the Trustee will pay to the Bank the Put Fee referred to in paragraph (g) above, but thereafter the Trustee will terminate the deduction referred to in paragraph (g) above and pay to the Bondholder all interest due on his Bonds. The purchase of the Option Bonds upon tender depends entirely upon the Bank's ability and willingness to honor its obligation under the Tender Agreement, and neither the Revenues nor the general credit of the Cities or Authority is pledged to or available for the purchase of such Option Bonds. A failure of the Bank to honor its obligations under the Tender Agreement does not constitute a default under the Indenture. The Tender Agreement and amounts drawn thereunder are not security for payment of principal, Sinking Fund Installments or interest on the Bonds, and the Bank is not obligated to purchase Option Bonds in the event the Issuers are in default with respect to such payment. Bondholders in states which tax interest on the Bonds will be subject to state income tax on the full amount of interest payable on Option Bonds owned by such Bondholders even though a portion of such interest is paid to the Bank as its fee under the Tender Agreement. The Tender Agreement Pursuant to the Tender Agreement, the Bank has obligated itself to on a timely basis purchase all Option Bonds at 100% of the principal amount thereof if such Bonds are tendered in accordance with the provisions described above. Upon the Bank's payment of the purchase price to the Tender Agent on behalf of the Bondholder, the tendered Option Bonds will be transferred to the Bank. In consideration for its obligations under the Tender Agreement, the Bank is to receive its semiannual Put Fee as described above. The Bank's obligations to provide the purchase price for and to accept delivery of all tendered Option Bonds are subject to the following conditions: (a) On or prior to June 1, 1983, the holder of the Option Bond has duly contracted with the Bank to accept the Option Bond feature by executing and returning to the Tender Agent a "Put Option Agreement" pursuant to which the Bondholder accepts the terms and conditions of and becomes a party to the Tender Agreement. (b) The Bondholders, through the Tender Agent, must deliver to the Bank the Option Bonds to be purchased. (c) At least 45 days prior to any Option Bond Purchase Date, the Bank must receive written notice from the Tender Agent that the Tender Agent on behalf of the respective Bondholders intends to present Option Bonds to the Bank for purchase and of the aggregate principal amount of Option Bonds to be so purchased. (d) As of the Option Bond Purchase Date, no "event of default" must have occurred and be continuing under the Indenture (see "THE INDENTURE — Events of Default and Remedies"). (e) Timely payments of the semiannual Put Fee to the Bank must be made by the Tender Agent, on behalf of the holders of the Option Bonds, in accordance with the terms of the Tender Agreement. If the Bank does not on or prior to any Bond interest payment date receive its Put Fee related to an Option Bond and if the Bank gives notice to the Tender Agent that it has not received such fee and the Tender Agent or the registered owner of the Option Bond has not paid such fee within five business days after such notice is given, together with interest on such fee since such interest payment date at 125% of the then current Federal Funds rate, then the Bank will have no obligation to purchase that Bond and the registered owner of such Bond will have no obligation to make payments of the Put Fee due after such Bond interest payment date, unless the fee is later paid and the Bank waives in writing the earlier failure to pay. The Bank will have the right to take 16 action against the Bondholder and Tender Agent to collect the fee if it waives the late payment. In any event, the Bank will have no obligation to purchase any Option Bond with respect to which all payments of the Put Fee have not been made. (f) As of the Option Bond Purchase Date, the Bondholder must not have cancelled his right to tender Option Bonds to the Bank. Upon the failure of the Bank to purchase any Option Bonds, the registered owner of such Option Bonds or the Tender Agent may, and if requested to do so by the registered owners of any Option Bonds duly tendered under the terms of the Tender Agreement and not so purchased by the Bank ( "Nonpur- chased Option Bonds "), the Tender Agent will upon receipt of satisfactory indemnity for its expenses, bring an action at law or in equity for the payment of the full amount of funds necessary to purchase such Option Bonds, together with any and all damages allowable at law and all costs and expenses of such action, including legal fees, and to otherwise require the Bank to fully and specifically perform its obligations under the Tender Agreement, and bring such other actions at law or in equity and pursue such other rights and remedies as may be available to him or, in the case of the Tender Agent, to protect the interests of the owners of such Nonpurchased Option Bonds and to pay the costs and expenses of the Tender Agent's efforts under the Tender Agreement on their behalf, including legal fees. All moneys collected by the Tender Agent pursuant to any action taken or right or remedy .pursued against the Bank to enforce its obligations under the Tender Agreement win, after payment of the costs and expenses of the proceedings resulting in the collection of such moneys and of the related expenses, liabilities and advances incurred or made by the Tender Agent, be deposited into a separate account to be held in trust until applied to purchase in full the Nonpurchased Option Bonds or distributed to the registered owners of the Nonpurchased Option Bonds as damages, as the case may be. Kutak Rock & Huie, counsel to the Bank, has pointed out that the transaction contemplated by the Tender Agreement is new and has not been the subject of any court decision, nor has it been passed upon by the Comptroller of the Currency. However, it is the opinion of Kutak Rock & Huie that under current law and regulations the Tender Agreement constitutes the legal, valid and binding obligation of the Bank, enforceable against the Bank in accordance with its terms, except as limited by applicable insolvency, reorganization, liquidation, readjustment of debt or other similar laws affecting the enforcement of creditors' rights and by general principles of equity. It is a condition to the delivery of the Bonds that the foregoing opinion be confirmed to the Trustee and the Underwriters as of the date of such delivery. The Bank The Bank is a national banking association organized under the laws of the United States of America. The Bank, which is located in St. Paul, Minnesota, provides commercial banking services and correspondent bank services to a seven- county metropolitan area which includes the cities of Minneap- olis and St. Paul, Minnesota. At September 30, 1982, the Bank reported total assets of $3.27 billion, total deposits of $1.99 billion, net loans of $1.54 billion and shareholders' equity of $0.173 billion. Copies of publicly available information concerning the Bank's financial status, including copies of the Bank's Annual Report, can be obtained from: The First National Bank of Saint Paul 332 Minnesota Street St. Paul, Minnesota 55480 The Bank is a subsidiary of First Bank System, Inc., a regional bank holding company headquar- tered in Minneapolis, Minnesota. 17 SECURITY FOR THE BONDS The Bonds will be payable solely out of the Revenues described below. The Bonds and interest thereon do not constitute an indebtedness, pecuniary liability, general or moral obligation or pledge of the full faith and credit of the Cities, the Authority, the State of Minnesota or any political subdivision of the State of Minnesota within the meaning of any constitutional or statutory provisions whatsoever, but are payable solely from the sources described below. Pursuant to the Indenture, the Bonds are secured by the assignment and pledge of and a security interest in and are payable from (a) all rights, title and interest of the Issuers in and to the Mortgage Loan Notes and related Mortgages and all income, issues and profits and other sums of money derived therefrom or due to the ownership thereof, (b) all rights, title and interest of the Issuers in and to the Origination Agreements, including all income, issues and profits and other sums of money payable to or receivable by the Issuers thereunder, (c) all rights, title and interest of the Issuers in and to the Administration Agreement, including all income, issues and profits and other sums of money payable to or receivable by the Issuers thereunder, and (d) all moneys and securities (including the investment income therefrom) and all other property of every kind and of every name and nature which are from time to time pledged, assigned or transferred as and for security under the Indenture, Administration Agreement or Origination Agreements to the Trustee by the Issuers or by anyone on behalf of the Issuers, or with their written consent (including all cash and securities held from time to time in the various Funds and Accounts created or established under the Indenture and in the Suspense Account, but not including amounts in the Excess Arbitrage Fund). The ability of the Issuers to pay debt service on the Bonds depends primarily upon the receipt of sufficient Revenues, principally payments of principal of and interest on Mortgage Loans and, to a lesser extent, the investment or reinvestment of moneys held pursuant to the Indenture. Mortgage Loans must meet certain requirements described under the caption "THE MORTGAGE LOANS." The Debt Service Reserve Fund (described under the caption "FUNDS AND ACCOUNTS ") has been established to provide funds to pay debt service on the Bonds if moneys for that purpose are at any time insufficient. Underwriter's Letters of Credit As additional security for the bonds, the Underwriter is expected to contribute to the Trustee an irrevocable, standby letter of credit (the "Underwriter's Letter of Credit ") to be issued by . The Underwriter's Letter of Credit may be drawn upon only to the extent that a deficiency in the required principal and interest payments due on the Bonds (after exhausting all other available moneys — see the caption "FUNDS AND ACCOUNTS — Flow of Funds -(3) Revenue Fund ") is caused by nonorigination of the Mortgage Loans in the cities of Brooklyn Center, Columbia Heights and Robbinsdale. The amount of the Underwriter's Letter of Credit is $145,000* and the full amount will be drawn if none of the Mortgage Loans in the cities of Brooklyn Center, Columbia Heights and Robbinsdale are originated. The Underwriter's Letter of Credit will expire on December 2, 1984. Non -Asset Bonds In addition to Bond proceeds used by the Issuers to acquire program assets consisting of Mortgage Loans and amounts on deposit in the Debt Service Reserve Fund and Mortgage Loan Fund, a portion of the proceeds ($1,203,450 *, or 3.8%* of the proceeds of the Bonds) will be used to pay costs of issuing the Bonds and Underwriters' discount and will not be invested in program assets. That portion of the Bonds, the proceeds of which are not invested in program assets, is referred to herein as "Non -Asset Bonds." To pay a portion of the Non -Asset Bonds, certain moneys will be contributed by the Cities, Originators (except that in Moorhead the Originators will contribute letters of credit) and Builder- Developers as more fully described under the caption "THE BONDS — Sources and Applications of Funds." The Bonds were structured to rely upon income from the Mortgage Loans to retire a portion of the Non -Asset Bonds. In the event that Mortgage Loans prepay in the early years, such income will be 18 reduced. (See "THE MORTGAGE LOANS — Maturity and Prepayment Experience. ") All of the other sources of revenue outlined above for the payment of Non -Asset Bonds will be available for the repayment of Non -Asset Bonds in such a situation. Thus, if the average life of the Mortgage Loans is greater than approximately three years, it is expected that the combination of Commitment Fees, Developer's Fees, Underwriters' Letter of Credit, the earnings from the Debt Service Reserve Fund and Mortgage Loan Fund and the excess interest on the Mortgage Loans will provide funds for the timely payment of principal of and interest on the Bonds, including the amortization of all Non - Asset Bonds. (See "THE BONDS — Structure Assumptions. ") FUNDS AND ACCOUNTS The Indenture creates the following Funds and Accounts to be held by the Trustee: (a) Cost of Issuance Fund; (b) Mortgage Loan Fund (with four subaccounts, one for each of the Cities); (c) Revenue Fund; (d) Debt Service Reserve Fund; (e) Redemption Fund (with an Optional Redemp- tion Account and Special Redemption Account) and (f) Excess Arbitrage Fund. Debt Service Reserve Fund The Debt Service Reserve Fund will be funded from Bond proceeds in the amount of $1,587,900 *, which is equal to five percent of the par amount of the Bonds. The amount on deposit in the Debt Service Reserve Fund is required to be maintained at five percent of the sum of the par amount of the Bonds; provided, however, that this amount cannot exceed in any Bond Year an amount equal to 150% of the debt service on the Bonds for the current Bond Year (the "Debt Service Reserve Requirement "). Any moneys in excess of the Debt Service Reserve Requirement as a result of a reduction of such requirement will be transferred to the Special Redemption Account and used to redeem Bonds (see the caption "THE BONDS — Redemption Provisions — Special Mandatory Redemption"). If there is not a sufficient amount in the Revenue Fund to provide for the payment when due of principal of and interest on the Bonds, and the deficiency cannot be fully restored from a Fund or Account upon which there is a prior claim in accordance with provisions in the Indenture regarding deficiencies in the Revenue Fund (see "FLOW OF FUNDS — Revenue Fund "), the Trustee is to withdraw from the Debt Service Reserve Fund and pay into the Revenue Fund the amount of such deficiency. Mortgage Loan Fund Moneys from the following sources will be deposited in the Mortgage Loan Fund: (i) Bond proceeds, Commitment Fees from Originators, the Cities' contribution and the Developers' Fees (see "THE BONDS — Sources and Applications of Funds); and (ii) Prior to the end of the Commitment Period, Prepayments, excess Revenues in the Revenue Fund on any December 1 and amounts received by the Trustee from Originators as the purchase price of Mortgage Loans repurchased by such Originators. The amounts in the Mortgage Loan Fund will be used to purchase. Mortgage Loans from Origina- tors in accordance with the provisions of the Indenture. (See "THE MORTGAGE LOANS. ") Interest earnings on amounts in the Mortgage Loan Fund will be deposited in the Revenue Fund as received, except to the extent required to be deposited in the Excess Arbitrage Fund (see "FUNDS AND ACCOUNTS — Flow of Funds — Excess Arbitrage Fund.") *Estimate; subject to change. 19 Flow of Funds In addition to the Debt Service Reserve Fund and Mortgage Loan Fund, a number of other Funds and Accounts will be maintained for the purpose of receiving and disbursing Revenues and other moneys while the Bonds are outstanding. These Funds and Accounts are as follows: (1) Suspense Account. After the collection of each monthly payment of a mortgagor, the Administrator will (after deducting its Servicing Fee, late fees and the amount of any Advances for which it is entitled to reimbursement) deposit the portion of such payment applicable to principal (other than Prepayments, which will be deposited in the Mortgage Loan Fund during the Commit- ment Period and thereafter in the Special Redemption Account) and interest on each Mortgage Loan in the Suspense Account and deposit the remainder of such payment applicable to taxes, special assessments, any condominium association dues and insurance premiums in the Escrow Account. In addition, any amount representing interest on or past due or currently due principal of a Mortgage Loan and collected by the Administrator under the Mortgage Pool Insurance Policy, Special Hazard Insurance Policy or any Standard Hazard Insurance Policy (except amounts to be applied to the restoration of a residence), Private Mortgage Insurance Policy, FHA Insurance -or VA Guaranty and any proceeds of condemnation or eminent domain proceedings against any property securing a Mortgage Loan will be deposited in the Suspense Account (subject to reim- bursement of the Administrator for expenses), but the portion of any such payments representing Prepayment of the Mortgage Loan will be deposited in the Mortgage Loan Fund during the Commitment Period and thereafter in the Special Redemption Account. The Administrator will establish the Suspense Account in the name of the Trustee in a bank or other financial institution whose accounts are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, and which has capital and surplus in excess of $10,000,000. The income from the investment of amounts in the Suspense Account, if any, may be retained by the Administrator as additional compensation for its duties under the Administration Agreement. On the 10th and 25th day of each month (or on the first business day thereafter) or on any other day when the amount on deposit in the Suspense Account exceeds the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, the Administrator is to withdraw all amounts then on deposit in the Suspense Account (other than investment income as noted above) and transfer the same to the Trustee for deposit in the Revenue Fund or the Redemption Fund, whichever is applicable. No amount may be otherwise withdrawn from the Suspense Account except (i) any amount to reimburse the Administrator for Advances previously made, (ii) amounts the Administrator certifies were mistakenly and inadver- tently deposited, or (iii) interest income as described above. (2) Escrow Account. All collections of amounts to be escrowed for real estate taxes, special assessments, premiums on Standard Hazard Insurance Policies, Private Mortgage Insurance poli- cies, FHA Insurance or VA Guarantees, flood insurance premiums and condominium dues are to be held i e d n escrow for the account of the mortgagors of Mortgage Loans b the Administrator in the Y Escrow Account pending disbursement. Interest on such amounts does not inure to the benefit of the Bondholders but rather will be retained by the Administrator for its own account, except that, with respect to amounts held with respect to Mortgage Loans which are not FHA Insured or VA Guaranteed and which have a loan -to -value ratio not exceeding 80 %, Minnesota law requires that interest at the rate of five percent per annum be paid to or credited to the accounts of the mortgagors who received such loans. Amounts in the Escrow Account will not be security for the Bonds. (3) Revenue Fund. All Revenues received by the Trustee will be deposited in the Revenue Fund and will be used to pay when due (i) the applicable premiums on the Mortgage Pool Insurance Policy and the Special Hazard Insurance Policy and (ii) all Trustees fees and expenses due under the Indenture. 20 After paying any of the above amounts, the Trustee is to withdraw from the Revenue Fund prior to or on each Bond interest payment date an amount equal to the unpaid interest due on the Bonds on that date, and is to cause it to be applied to the payment of such interest. If the withdrawals required under the foregoing paragraph on the same and every prior Bond interest payment date have been made, the Trustee is to withdraw from the Revenue Fund prior to or on each Bond principal payment date an amount equal to the principal amount of the outstanding Bonds, if any, due by maturity or mandatory sinking fund redemption on that date and is to cause it to be applied to the payment of the principal of such Bonds. Any amount held in the Revenue Fund on any December 1 in excess of the amount equal to the unpaid interest and principal due (or past due) on the Bonds on that date and any fees, expenses or advances required to be paid under the Indenture are to be transferred by the Trustee to the Special Redemption Account. In addition, the Trustee may at any time withdraw money from the Revenue Fund and deposit the same in the Debt Service Reserve Fund to accumulate in such Fund the Debt Service Reserve Requirement. If the amount in the Revenue Fund three days before any Bond interest payment date is not sufficient to pay all Bond principal and interest then due, the Trustee is to restore the deficiency from another Fund or Account in the order of priority as follows: (a) Optional Redemption Account (except any amount required to pay Bonds previously called for redemption); (b) Special Redemption Account (except any amount required to pay Bonds previously called for redemption); _ (c) Suspense Account; and (d) Debt Service Reserve Fund. (e) the Underwriter's Letter of Credit (see "SECURITY FOR THE BONDS Under- writer's Letter of Credit"). The Trustee may withdraw from the Revenue Fund and pay any amount stated in an Admin- istrator's certificate or otherwise certified by the Trustee to be needed and not available in the Optional Redemption Account (except any amount required to pay Bonds previously called for redemption) for the payment of expenses necessarily incurred or to be incurred for the mainte- nance and preservation of the value of a residence subject to a defaulted Mortgage Loan, including, but not limited to, repairs, rehabilitation, maintenance, utilities and improvements necessary for sale and subsequent commitment fees in connection with the sale and any other Advances; provided that the cumulative amount of all expenses incurred with respect to any residence are not to exceed the fair market value of the residence, as specified in the Administrator's certificate or certificate of the Trustee filed upon each such withdrawal. The Trustee may withdraw from the Revenue Fund and pay (or reimburse for the payment of) Advances, real property taxes, insurance, foreclosure fees, including appraisal and legal fees, and similar costs and expenses incurred by the Administrator, the Trustee or the Issuers in connection with the protection and enforcement of rights of the Issuers and Trustee with respect to the Bonds or any residence conferred by law or the applicable Mortgage Loan, including, without limitation, expenses necessarily incurred or to be incurred for the maintenance and preservation of the value of a residence subject to a Defaulted Mortgage Loan, but excluding any internal administrative costs of the Issuers, upon the receipt by the Trustee of its own certificate or an Issuers' certificate 21 or an Administrator's certificate stating the amount to be paid and the party to whom payment is to be made if other than the Trustee, the Issuers or the Administrator, as the case may be; provided: (a) in no event may sums in the Revenue Fund be used to pay or reimburse for the payment of any costs incurred by the Administrator or the Trustee if such party is obligated to incur such costs and is not entitled to reimbursement therefor; and (b) sums payable to the Trustee are to be certified by either the Administrator or the Issuers. Excess Arbitrage Fund "Excess arbitrage" means the sum of (1) the excess of the net amount earned on all investments (other than investments in Mortgage Loans) over the amount which would have been earned if the investments were invested at a rate equal to the yield on the Bonds, calculated as provided in the Indenture, and (2) any interest earnings or other income attributable to the excess. Excess arbitrage will be deposited in the Excess Arbitrage Fund. On the date five years after the date of delivery of the Bonds and once each five years thereafter, the Trustee will transfer from the Excess Arbitrage Fund: (A) to the Revenue Fund, an amount equal to the actual losses sustained from any defaulted Mortgage Loan following receipt of insurance proceeds, proceeds from foreclosure or other disposi- tion of the property subject to the Mortgage, and any other amounts from any guaranty, insurance or other agreement with respect to such Mortgage Loan; and (B) to the government of the United States of America, the amounts remaining in the Excess Arbitrage Fund after the transfer provided by (A) above. Given the rates of interest under the Investment Agreement (see "THE BONDS — Structural Assumptions "), it is not presently expected that there will be any excess arbitrage subject to (B) above. THE MORTGAGE LOANS General Each Mortgage Loan will be evidenced by a Mortgage Loan Note secured by a Mortgage on residential property comprising a private detached one - family dwelling (not including a mobile home or trailer even if attached to a permanent foundation), a townhouse or condominium, owned and occupied by the mortgagor as a principal residence, containing complete living facilities and located within the geographical boundaries of one of the Cities. The Mortgage Loans will be permanent loans (as opposed to construction and land development loans). Each Mortgage Loan will be originated by an Originator in the ordinary course of the Originator's activities and, as to matters not covered by the Origination Agreements, in accordance with the Originator's then current standard mortgage under- writing policies, which policies as applied to the Mortgage Loans must be at least as restrictive as those imposed by FHA for FHA Insured Mortgage Loans or VA for VA Guaranteed Mortgage Loans, and for other Mortgage Loans, by FNMA, provided that in applying such policies to a Pledged Savings Account Mortgage Loan, such Mortgage Loan will be treated as though all the mortgagor's monthly payments would be in the same amount as they are in the first year of the Mortgage Loan. The Mortgage Loans will be made to persons whose Adjusted Family Income does not exceed certain limits set forth below and will bear interest at the following rates per annum: City Rate Brooklyn Center .............. Columbia Heights . .... ...... % Moorhead % Robbinsdale ............... % 22 Each mortgagor will be required to pay along with the final payment on his Mortgage Loan (or any Prepayment) a balloon payment equal to two percent* of the original principal amount of his Mortgage Loan. To the extent required and permitted by law, an Originator will charge a mortgagor of a Mortgage Loan an application fee and a seller of a residence financed under such Mortgage Loan an origination fee, in the amounts set forth in the following table *: Brooklyn Columbia Columbia Heights Moorhead RobbimWe" Builder- Developer Mortgage Loan Mortgagors ............... 1% 1% 1% 1% Sellers ... 1% 2% 1/2% 1 /2 % Standard Mortgage Loan Mortgagors ........... 1% 1% 1% 1% Sellers .................. 1% 2% 2 % ** 2 1 /2% *Estimate; subject to change. * *As of the date of delivery of the Bonds, there are no Builder - Developer Commitments inRobbin- sdale; however, Originators may enter into such commitments within six months after the delivery of the Bonds. Representations, Warranties and Covenants of the Originators Concerning Mortgage Loans Each Originator will represent, warrant and covenant the following with respect to the Mortgage Loans sold by such Originator to the Issuers: (1) Each Mortgage Loan will (a) be secured by a Mortgage on a private detached one - family dwelling (not including a trailer or mobile home, even if attached to a permanent foundation), townhouse or condominium, occupied or to be occupied by one person or family alone as his or their principal residence, containing complete living facilities and facilities functionally related and subordinate thereto, owner - occupied, to which the mortgagor owns fee title and which is located within the boundaries of one of the Cities, (b) be made in accordance with the Origination Agreements and, as to matters not covered by the Origination Agreements, in accordance with the Originator's then current standard mortgage underwriting policies, which policies as applied to the Mortgage Loans must be at least as restrictive as those imposed by FHA for FHA Insured Mortgage Loans or VA for VA Guaranteed Mortgage Loans or, for other Mortgage Loans, by FNMA, provided that in applying such policies to a Pledged Savings Account Mortgage Loan, such Mortgage Loan will be treated as though all the mortgagor's monthly payments would be in the same amount as they are in the first year of the Mortgage Loan, (c) have been accepted for insurance under the Mortgage Pool Insurance Policy and the Special Hazard Insurance Policy, (d) be made for the purpose of purchasing the Home subject to the related Mortgage and (e) have a term of 30 years (unless the useful life of the Home is less than 30 years). (2) Mortgage Loans may not be construction loans, but an Originator may make a Commit- ment to a mortgagor to make a Mortgage Loan upon the completion of the construction of a Home (by the mortgagor or a third party) to be financed by such Mortgage Loan, subject to the receipt by the Originator of a certificate of the city building inspector stating that the newly constructed Home complies with the building code requirements of the related City and with the State building code, as they are then in effect. All of the proceeds of each Mortgage Loan must be used to provide a Mortgage Loan to a mortgagor who did not have a mortgage on the Home to be purchased by such mortgagor at any time prior to the execution of the Mortgage Loan Note, other than a mortgage securing temporary initial financing with . a term not in excess of 24 months. i 23 (3) The Adjusted Gross Income of mortgagor at the time of application for a Mortgage Loan (other than the mortgagors of Target Mortgage Loans; see "THE MORTGAGE LOANS — Restrictions ") may not exceed the greater of- (i) 110% of the median family income as estimated by the United States Department of Housing and Urban Development for the Minneapolis -St. Paul Standard Metropolitan Sta- tistical Area (or Fargo- Moorhead Standard Metropolitan Statistical Area for Mortgage Loans originated in Moorhead); or (ii) 100% of the' income limit established by the Minnesota Housing Finance Agency ( "MHFA ") for the City in which the Home is located. Currently the higher of these two figures for each of the Cities is represented by the following chart: Previously Previously City Unoccupied Home* Occupied Home* Brooklyn Center ............. $32,000 $31,460 Columbia Heights ............ 32,000 31,460 Moorhead . 27,000 25,740 Robbinsdale ................ 32,000 31,460 *Periodically HUD and MHFA revise these figures. (4) The purchase price of a Home to be financed may not exceed $102,520 in the case of Homes subject to Target Mortgage Loans and which have not been previously occupied, $96,000 in the case of other Homes which have not been previously occupied and $75,680 in the case of Homes which have been previously occupied (except that with respect to Mortgage Loans originated in the City of Moorhead, the purchase price limits are $77,990, $77,990 and $62,590, respectively). In the event provisions of the Act and the Code permit a higher purchase price, or in the event a provision of the Act or the Code requires a lower purchase price, with respect to any Home, then such higher or lower amounts will be substituted for the amounts provided above. The Act currently limits the purchase price of a Home to three times the maximum Adjusted Gross Income set forth in subparagraph (3) above or, for Homes subject to Target Mortgage Loans, four times such Adjusted Gross Income. The Code currently limits the purchase price of a new Home to $102,520 and of an existing Home to $75,680 ($77,990 for new Homes or $62,590 for existing Homes located in the City of Moorhead). (5) A Home financed by a Mortgage Loan will not be a nonconforming use under the zoning ordinances of the City in which it is located and will comply with applicable land use guides, including any urban renewal plan or development district plan. (6) As of the date of sale by the Originator to the Trustee (the "Sale Date ") for a Mortgage Loan the principal amount of which exceeds 75% of the lesser of the purchase price or appraised value of the Home, such Mortgage Loan will be (i) insured under FHA Insurance or (ii) VA Guaranteed in an amount such that the guaranteed portion of such Mortgage Loan plus cash equity, if any, is equal to at least 28% of the original principal amount of the Mortgage Loan or (iii) insured under a Private Mortgage Insurance Policy in an amount such that the uninsured portion of the Mortgage Loan does not exceed 72% of the lesser of the purchase price or the appraised value of the Home; provided that in Moorhead such insurance must be in the amount. of 100% of the original principal amount of the Mortgage Loan, and provided further that in all the Cities each Pledged Savings Account Mortgage Loan must also be insured in the amount of 100% of the amount of the Mortgage Loan; a Private Mortgage Insurance Policy must be maintained only until the outstanding principal amount of the Mortgage Loan is equal to and will not subsequently rise above (a) 75% of the lesser of the purchase price or appraised value (at the closing) of the Home, plus (b) on the day as of which a particular 75% calculation is made, the amount on deposit in any related Pledged Savings Account. 24 (7) The principal amount of a Mortgage Loan may not at anytime during the life of the loan exceed (a) 95% of the lesser of (1) the purchase price of the Home; or (2) the appraised value of the Home; plus (b) if the Mortgage Loan is a Pledged Savings Account Mortgage Loan, the amount on deposit in any Pledged Savings Account on any date as of which such calculation is made. (8) As of the Sale Date, each Mortgage will be a valid first lien on the property securing the related Mortgage Note, subject only to the lien of current taxes and special assessments, such minor defects, irregularities, encumbrances, easements, rights -of -way and clouds on title as nor- mally exist with respect to properties similar in character to the Home and are acceptable to lending institutions generally, as determined by the Administrator; zoning laws, covenants and similar restrictions which would not adversely affect a subsequent sale of the Home, as determined by the Administrator; and any other liens, encumbrances and clouds which the Originator certifies will not have a material adverse effect on the security for the Mortgage Loan, which certification must be approved by the Administrator. (9) As of the Sale Date, the Originator must have in its possession with respect to the property financed by the Mortgage Loan an American Land Title Association- approved mortgagee guaranty title insurance policy (or a commitment therefor) in an amount at least equal to the outstanding principal amount of the Mortgage Loan, naming the Trustee and its successors and assigns as an insured, and insuring that the Mortgage securing the Mortgage Loan constitutes a first lien on such property, subject to the exceptions of the preceding paragraph and to standard printed exceptions and exclusions. (10) As of the Sale Date, the improvements upon the real property subject to each Mortgage will be covered by a valid and subsisting Standard Hazard Insurance Policy (or a commitment therefor) with a lender's loss payable endorsement in favor of the Trustee, its successors and assigns, in care of the Administrator, issued by a company lawfully doing business in the State of Minnesota, in an amount which is not less than the maximum insurable value of the improvements securing such Mortgage Loan or the principal balance owing on- such Mortgage Loan, whichever is less, or a commitment for the issuance of the same so long as such policy is to be delivered in due course; such insurance must be with insurers approved by FNMA or FHLMC. (11) As of the Sale Date, the improvements upon the real property subject to the Mortgage will be covered by a valid and subsisting flood insurance policy, if and to the extent such a policy is required to be maintained by federal or Minnesota law, meeting all conditions required by Federal or Minnesota law, with a lender's loss payable endorsement in favor of the Trustee, in care of the Administrator, issued by a company lawfully doing business in the State of Minnesota or by a governmental agency, or a commitment for the issuance of the same so long as such policy is to be delivered in due course. (12) As of the Sale Date, payments, if any, due on each Mortgage Loan through and including the first day of the preceding month were current. (13) On the Sale Date, the Home, to the best of the Originator's, knowledge, is free of material damage and in general good repair. (14) Each Mortgage and assignment required to be filed in a public office to perfect the lien of the Mortgage securing each Mortgage Loan against third parties must have been on or prior to the Sale Date duly sent for recording by the Originator in the proper public office to give constructive notice thereof to all subsequent purchasers or encumbrancers of the property financed by such Mortgage Loan and must subsequently be duly recorded. (15) As of the Sale Date, the Originator has no knowledge of any circumstances or conditions with respect to the mortgagor, the Home, the Mortgage or the Mortgage Loan that could reasona- bly be expected to cause prudent private investors in the secondary market to regard the Mortgage 25 Loan as an unacceptable investment, cause the Mortgage Loan to become delinquent or adversely affect the value or marketability of the Mortgage Loan (other than matters required by or expressly permitted by the Origination Agreements). (16) If a Mortgage Loan is a Pledged Savings Account Mortgage Loan it must comply with the following requirements: (a) The mortgagor's monthly payments and the amounts to be withdrawn from the Pledged Service Account each month will be calculated in accordance with the tables and procedures used in existing pledged savings account mortgage loan programs of Mortgage Guaranty Insurance Corporation or FLIP Morgage Insurance Company or any other tables and procedures approved by the Administrator. (b) The interest rate on the Pledged Savings Account will be at the same rate and calculated and paid on the same basis as other passbook savings accounts generally offered by the holder of the account. (17) No Mortgage Loan will be made to a mortgagor who has received another Mortgage Loan. Each Originator will, subject to the other requirements of the Origination Agreements, accept and process applications for Standard Mortgage Loans by applicants for the purchase of a Home on a nondiscriminatory "first -come, first - served" basis. An Originator will not arbitrarily reject an applica- tion for a Mortgage Loan for residential properties within a specified geographic area because of the location and /or age of the property, or, in the case of a proposed mortgagor, vary the terms of a Mortgage Loan or the application procedures therefor because of race, color, creed, religion, national origin, age, sex, marital status or status with regard to public assistance. Each Mortgage Loan must contain a provision permitting the Mortgage Loan to be assumed only upon approval of the Administrator. The Administrator will allow such assumption only if (i) the person assuming the Mortgage Loan satisfies FHANVA or FNMA credit requirements, (ii) if the Mortgage Loan was originally made to a Non -First Time Homebuyer, the person assuming the Mort- gage Loan must be a Non -First Time Homebuyer, (iii) the Home will become the principal residence of the new mortgagor within 60 days after assignment of the Mortgage Loan Note, (iv) the Home will not be used in a trade or business, will not be an investment property and will not be a recreational home and (v) the purchase price of the Home does not exceed the limits for existing Homes under the Program, as such limits may be adjusted from time to time. (See subparagraphs (3) and (4) above.) Pledged Savings Account Mortgage Loans Under a Pledged Savings Account Mortgage Loan, the mortgagor or the seller or another person places an amount in a special savings account (the "Pledged Savings Account ") to be held by the Trustee or any other financial institution appointed by the Trustee as its agent for such purpose. The funds held in the Pledged Savings Account, including the interest earned thereon (at the rate of five and one - quarter percent per annum), will be used during the first five or fewer (as specified by the mortgagor) years of the Mortgage Loan to pay a portion of the mortgagor's monthly payments on such Mortgage Loan. The Mortgage Loan will be amortized on a level debt basis, with the Administrator combining the portion of a monthly payment received directly from the mortgagor and the scheduled monthly withdrawal from the Pledged Savings Account to make the required monthly debt service payment on the Mortgage Loan. Pursuant to the Origination Agreements, the mortgagor at the time of closing the Pledged Savings Account Mortgage Loan with an Originator will execute a security agreement (the "Pledged Savings Account Security Agreement ") irrevocably pledging to the Originator the funds in the Pledged Savings Account (including both the principal balance of and interest earned on such Pledged Savings Account), and authorizing the Originator to make withdrawals from such Pledged Savings Account in accordance with a Schedule of Withdrawals attached to the Pledged Savings Account Security Agree- ment. At the Sale Date for the Mortgage Loan, the Originator will assign to the Trustee the Originator's 26 rights, title and interest in the Pledged Savings Account Security Agreement. Pursuant to the Adminis- tration Agreement and the Pledged Savings Account Security Agreement, the Administrator will exercise the Trustee's rights under the Pledged Savings Account Security Agreement. Funds from the Pledged Savings Account may be used only for the making of the regularly scheduled monthly with- drawal from such Pledged Savings Account (subject to the mortgagor's right to use such money to partially prepay the Mortgage Loan if he or she meets certain credit underwriting standards, as described below), and will not be applied to satisfy any past due payments owed by the mortgagor; provided, however, that in the event of the mortgagor's default under the terms of the Mortgage, if the Administrator has declared all sums due and payable thereunder, any amount remaining in the Pledged Savings Account may be withdrawn and applied in full to the payment of the outstanding principal balance due under the Mortgage Loan Note. The Schedule of Withdrawals provides that the amount withdrawn monthly from the Pledged Savings Account will decrease each year for up to five (as specified by the mortgagor) years, and that the mortgagor's contribution will correspondingly increase each year during that period. At the end of such period, the Pledged Savings Account will have been depleted, and the entire payment will be made by the mortgagor. Since it is assumed that the mortgagor's income will steadily increase in an amount sufficient to pay the mortgagor's increasing payment, an Originator will apply the FNMA underwriting standards (FHA and VA will not currently insure or guarantee pledged savings account mortgage loans) described in the caption "THE MORTGAGE LOANS — Underwriting Standards" as if the mortga- gor's monthly payment throughout the life of the loan will be the required mortgagor contribution, exclusive of the amount to be withdrawn from the Pledged Savings Account, in the first year of the Mortgage Loan, when the mortgagor's payment is lowest. Thus the Pledged Savings Account Mortgage Loan will result in mortgagors qualifying for Pledged Savings Account Mortgage Loans with lower incomes than would be necessary to qualify for a "conventional" Mortgage Loan in the same principal amount. Any mortgagor may use all or a portion of his or her Pledged Savings Account to partially prepay principal on his or her Mortgage Loan at any time, provided that the mortgagor must at that time meet the credit underwriting standards of FNMA or FHLMC for the payments required for the Mortgage Loan, applying such standards to the mortgagor's payments as if no part of such payments were to be made from a Pledged Savings Account (even if only part of the Pledged Savings Account has been used to partially prepay the Mortgage Loan). Restrictions The following restrictions will apply to Mortgage Loans acquired by the Issuers: (1) For six months following delivery of the Bonds all of the money deposited in the Mortgage Loan Fund will be set aside to acquire Mortgage Loans for Homes being acquired by persons or families with Adjusted Gross Incomes of less than 80% of the Adjusted Gross Income limit set forth in subparagraph (3) under the caption "THE MORTGAGE LOANS — Representations, Warran- ties and Covenants of the Originators Concerning Mortgage Loans" and during such six months Mortgage Loans may be Committed only to mortgagors who meet this income limit. At the end of such six -month period, that part of such deposit not used to purchase Mortgage Loans or repre- sented by Commitments for Mortgage Loans (and moneys for expired or cancelled Commitments) may be used to purchase any Mortgage Loan. (2) Each Developer executing a Builder - Developer Commitment or Resale Commitment (see "THE MORTGAGE LOANS — Builder - Developer Mortgage Loans ") will agree to reserve 100% of the Homes subject to such Commitment for a period of six months after the later of: (i) the date of delivery of the Bonds; or (ii) the date on which the Developer first begins marketing the Homes in the project; and during such time to sell such Homes only to persons or families with Adjusted Gross Income meeting the limit described under paragraph (1) above. 27 (3) Each Originator may Commit, close and deliver Mortgage Loans for a Non -First Time Homebuyer in a particular City if the aggregate principal amount of such type of loans Committed, closed or delivered for that City does not exceed 10% of the aggregate principal amount of all Mortgage Loans Committed, closed or delivered by that Originator for that City. The Administra- tor may increase this 10% limitation with respect to one or more Originators in a particular City but only if it assures itself that at no time will more than 10% of the aggregate principal amount of Committed, closed and delivered Mortgage Loans for that City (as evidenced by an agreement in writing to that effect) be to Non -First Time Homebuyers. A "Non -First Time Homebuyer is a mortgagor who has had a Present Ownership Interest in a Principal Residence at any time during the three -year period prior to the date on which the Mortgage Loan Note is executed. A "Present Ownership Interest in a Principal Residence" is any of the following interests in the owner's principal residence: (i) a fee simple interest; (ii) a joint tenancy, a tenancy in common or a tenancy by the entirety; (iii) a life estate; (iv) a contract for deed; or (v) an interest held in trust for the mortgagor (whether or not created by the mortgagor) that would constitute a Present Ownership Interest if held directly by the mortgagor in the owner's principal residence. An ownership interest in a mobile home located in a mobile home park on a leased lot does not constitute a Present Ownership Interest in a Principal Residence. (4) Each Originator in Columbia Heights, Moorhead or Robbinsdale may Commit, close and deliver Target Mortgage Loans, for which the mortgagors are not subject to income limits, pro- vided that the aggregate principal amount of such Target Mortgage Loans in a particular City will at no time exceed 20% of the Originator's Mortgage Loan Commitment for that City. A Target Mortgage Loan is one made to a person whose Adjusted Gross Income exceeds the limits which would otherwise apply and is made to finance a Home located in an area of one of the Cities constituting a redevelopment project, as defined in Minnesota Statutes, Section 462.421, Subd. 13, except any existing houses included on the City of Robbinsdale's scattered site project. The redevelopment project areas for the Cities are as follows: city Areas Brooklyn Center ...... None Columbia Heights ........... Scattered Moorhead ................... Scattered Robbinsdale .................. Entire City The Administrator, upon request of an Originator, may increase this 20% limitation with respect to one or more Originators, but only if it assures itself that at no time will more than 20% of the amounts on deposit in the Mortgage Loan subaccount of any City (as evidenced by an agreement in writing to that effect) be applied to the purchase of Target Mortgage Loans. (5) Not more than 15 Mortgage Loans purchased under the Program will be secured by townhouse or condominium units in any one development (or more than one development, if the developments are in such close physical proximity to each other as to be subject to the same physical hazards) unless each such Mortgage Loan in such development or developments is insured by Private Mortgage Insurance in the amount of 100% of the outstanding principal amount of the Mortgage Loan for the entire term of such Mortgage Loan. Builder - Developer Mortgage Loans An Originator may enter into one or more Builder - Developer Commitments or Resale Commit- ments on or before the date of delivery of the Bonds (or on or within four or six months after the date of delivery of the Bonds for the Builder - Developer Commitments of the cities of Columbia Heights and Robbinsdale, respectively), provided that a Builder- Developer Commitment or Resale Commitment will be revoked if the Builder - Developer has not commenced construction of the project to which its Builder- Developer Commitment or Resale Commitment relates by a date established by the Issuer in which the Builder - Developer's Homes are located (different dates will apply to different Builder- 28 i Developers). In the event of such revocation, any portion of the Mortgage Loan Commitment subject to the Builder - Developer Commitment or Resale Commitment will immediately be made available for Standard Mortgage Loans. A Builder - Developer Commitment is a contract between a Builder - Developer and an Originator reserving certain Mortgage Loan Commitment moneys of that Originator for Mortgage Loans on new Homes constructed by that Builder- Developer. A Resale Commitment is a contract between a Builder Developer and an Originator reserving certain Mortgage Loan Commitment moneys of that Originator for Mortgage Loans to be made to persons purchasing existing Homes from sellers who are purchasing new Homes from the Builder - Developer. The following chart lists the currently participating Builder- Developers and the amount of their Commitments: City Builder- Developers Commitment Amount Brooklyn Center Brutger Companies, Inc. $2,500,000* Columbia Heights Gaughan Land, Incorporated 3,000,000* Moorhead Dave Schmidt Construction Co. 675,000* Douglas Lomsdahl Construction Co. 675,000* Bid -Co Builders, Inc. 675,000* Anderson- Jordahl Developers $75,000* Lowell Regstad Construction Co. 675,000* Dynamic Homes 250,000* Kvammc Construction Company 530,000* The Builder - Developer Commitment or Resale Commitment (1) must expire o pr (except for Robbinsdale in which it is June 1, 1984), (2) must state that the Builder-' oper is required to construct and sell all Homes subject to the Commitment to eligible mortgagors within such times as is necessary to permit the Originator to Commit to make, close and deliver Builder - Developer Mortgage Loans within the time limits described under "THE ORIGINATION AGREEMENTS — Time Limits and Mortgage Loan Commitment Reallocations" and (3) must state that it is revocable by the Administrator as to that portion of the Builder - Developer Commitment not then committed to mortgagors within the time limits described under "THE ORIGINATION AGREEMENTS — Time - Limits and Mortgage Loan Commitment Reallocations" or if the right or authority of the Builder- Developer to construct Homes has been terminated by any governmental body. The Issuers will have final approval of all Builder- Developer Commitments and Resale Commitments. Upon default of a Builder - Developer under a Builder - Developer Commitment or Resale Commit- ment, the amount of the Mortgage Loan Commitment by the Originator to deliver and sell Mortgage Loans, to the extent anticipated to be fulfilled by persons purchasing Homes from such defaulting Builder- Developer, will become a Mortgage Loan Commitment by the Originator to deliver and sell Standard Mortgage Loans to the same extent as if such Builder - Developer Commitment or Resale Commitment had never been made. Maturity and Prepayment Experience The Mortgage Loans at origination will be for a term of 30 years (except that no Mortgage Loan may have a term greater than the estimated useful life of the Home) and monthly payments of principal and interest on the Mortgage Loans will be level. If there are no prepayments, one -half of the original principal amount of the Mortgage Loans will be paid between the 25th and 26th years of the Mortgage Loans. However, a number of factors, including general economic conditions, mortgage market interest rates and homeowner mobility, will affect the prepayment experience with respect to the Mortgage Loans and, therefore, the average life of the Bonds. There is no reliable base from which to predict prepayments of the Mortgage Loans, because the rate at.which mortgage loans are prepaid fluctuates with a number of factors, especially interest rates. Rising interest rates tend to discourage initiation of new mortgage loans and prepayment of existing *Estimate; subject to change. 29 loans, particularly loans at lower interest rates. Conversely, as interest rates decrease, it becomes more attractive for homeowners to refinance mortgage loans to obtain interest rate cost savings. Because such interest rate fluctuations are largely the product of general economic conditions, there is no reliable basis upon which to evaluate prepayment probabilities. In connection with the foregoing, it should be noted that the annual interest rate on the Mortgage Loans for the cities of Brooklyn Center, Columbia Heights, Moorhead and Robbinsdale is %, %, % and %, respectively, as compared to the Administrator's current annual interest rate of approximately 13 5 /8% (with no origination fees) on originated conventional real estate loans not constituting Mortgage Loans and 12% plus 4 /2 to 5 discount points on originated FHA Insured and VA Guaranteed real estate loans not constituting Mortgage Loans. The FHA has published projections based on its nationwide experience during the period from 1957 through 1977 relating to single- family mortgage loans insured under Section 203(b) of the National Housing Act at various interest rates with original maturities of 30 years. Such mortgage loans are not limited to mortgagors of low and moderate income, nor is the purchase price of the residential units limited. Such projections indicate that, while some of such mortgage loans remain outstanding until scheduled maturity, a pool of such 30 -year single- family mortgage loans is likely to have an average life of approximately 13.98 years. The FHA has compiled similar statistics for various regions in the United States for the same period. The FHA projections based on this experience for the region including Minnesota, Illinois, Indiana, Michigan, Ohio and Wisconsin indicate that the average life of such a pool of Section 203(b) insured loans in such region is likely to be approximately 13.52 years. However, entities such as the Minnesota Housing Finance Agency, Government National Mortgage Association and Federal Home Loan Mortgage Corporation have in recent years experienced prepay- ments of their single - family mortgage loans at rates of two to three or more times the FHA rate. Current Federal Home Loan Bank Board regulations require federally chartered savings and loan associations which originate mortgage loans similar to the Pledged Savings Account Mortgage Loans to permit a mortgagor of such a loan to at any time use the money in his or her Pledged Savings Account to partially prepay principal of such loan and convert such loan to a conventional loan with higher direct payments by the mortgagor but lower payments than would otherwise be the case after the Pledged Savings Account is exhausted (this differs from the standard mortgage lending industry practice of not altering the size of monthly payments if a loan is partially prepaid, instead allowing the loan to be paid off more quickly by allocating a larger share of the payments to principal). Some of the Originators are federally chartered savings and loan associations. Therefore, this provision of federal law could have the effect of increasing prepayments somewhat, since there would be a greater incentive than is normally the case for a mortgagor to use his or her Pledged Savings Account to make a partial prepayment. Underwriting Standards Each Originator will be required to originate all Mortgage Loans, subject to the other requirements of the Origination Agreements, in accordance with the then - current underwriting standards of FNMA. Each prospective borrower will be required to complete an application disclosing the applicant's assets, liabilities, income, credit history, employment history and certain other personal information. The Originator is to ascertain that the estimated monthly payments for principal, interest and required escrow deposits do not exceed approximately one -third of the applicant's regular gross monthly income and that the estimated principal and interest payments when added to the applicant's current fixed monthly obligations do not exceed approximately 38% of such applicant's regular gross monthly income. The applicant is required to state that the property will be occupied as the applicant's primary residence. Salary, current employment and financial history of the applicant are verified in writing. The Originator is to obtain from a credit reporting company a full credit report on each applicant. Each applicant will be required to provide evidence of having adequate cash or cash equivalents to satisfy the down payment and loan closing costs without borrowing. The foregoing underwriting standards may in certain circumstances be varied by the Originator. 30 Appraisals of real property securing Mortgage Loans made by the Originator are to be performed b an appraiser ppraiser either acceptable to FNMA NMA or FHLMC, certified by the Society of Residential Appraisers, members of the Appraisal Institute, approved by the Society of Real Estate Appraisers, or approved by the Administrator. A personal visit is to be made by the appraiser to inspect the interior and exterior of the property and the surrounding area. An appraisal report is to be completed and must include replacement costs and market data analyses. In the case of FHA Insured or VA Guaranteed Mortgage Loans, the appraiser is to follow the applicable FHA or VA appraisal guidelines and procedures. Foreclosure Laws Mortgage foreclosures in Minnesota are governed by statute and permit two alternative methods, "by action" or "by advertisement." The latter is normally utilized since it is slightly faster, less expensive and does not have the same tendency to invite contest as does foreclosure by action. The process is normally initiated by the publication and service of a notice of foreclosure. This notice must include all relevant information on the mortgage loan and the secured premises as well as a statement of the time and place of sale and the time allowed by law for redemption by the mortgagor. This notice must then be published in a legal newspaper each week for six consecutive weeks. Service of the notice on the occupant of the premises and any other affected party must be completed at least four weeks prior to the designated date of the foreclosure sale. Compliance with the above publication and service of notice requirements within the prescribed time limitations is essential to the validity of the mortgage foreclosure sale. Prior to the foreclosure sale,. the mortgagor has the right to - reinstate the mortgage and prevent foreclosure by curing all defaults on a current basis and by paying attorney's fees and out -of- pocket disbursements to the extent permitted by statute. If the mortgage is not reinstated, the foreclosure sale is held in the sheriff's office in the county in which the real estate being foreclosed is located. Although anyone can bid at a foreclosure sale, the normal result of the foreclosure sale is that the lender bids in the debt without competing bidders (and, under the Administration Agreement, the Administrator is required to do so), and purchases the mortgaged property from the defaulting borrower through the sheriff, subject to the rights of the borrower and subsequent creditors to redeem. The holding of such a foreclosure sale begins the period of redemption. The period of redemption will normally be six months but can be as long as 12 months. During the period of redemption, the mortgagor normally retains the right to remain in possession of the mortgaged property without making mortgage payments or paying real estate taxes. During the period of redemption, the mortgagor has the right to pay off the entire indebtedness, including full principal, accrued interest, any amounts reasonably paid by the mortgagee to preserve the security, and attorney's fees and disbursements' to the extent allowed by statute. After the period of redemption expires, the mortgagee is entitled to possession of the premises, but may have to bring an unlawful detainer proceeding to enforce its possessory rights, and in the case of Torrens property a subsequent proceeding to perfect its title to the mortgaged property. It is not unusual, therefore, for a mortgagee to be delayed for up to 10 months from the date of initiation of the mortgage foreclosure proceeding until it realizes its possessory rights. Mortgage loans insured by the FHA are subject to current federal regulations which provide that a lender may not initiate foreclosure proceedings on an FHA Insured loan unless at least three full monthly installments are due and unpaid. An administrative appeal prior to foreclosure is available to a mortgagor, and, if he avails himself of this procedure, the foreclosure may be delayed an additional three months. In any event, if the property encumbered by an FHA mortgage is abandoned by the mortgagor, no delay in the foreclosure action is required. Special Considerations for the Mortgage Loans Except as otherwise herein described, Mortgage Loans will be originated by the Originators in accordance with the mortgage underwriting policies described` under the caption "THE MORTGAGE 31 LOANS — Underwriting Standards." None of the Mortgage Loans will have a loan -to -value ratio exceeding 95 %. The normal mortgage lending industry standard for mortgage loans which are not FHA insured or VA guaranteed or insured under a private mortgage insurance policy is a loan -to -value ratio no higher than 80 %. Mortgage Loans with high loan -to -value ratios are considered in the industry to be more likely to become delinquent or go into default than are mortgage loans with lower loan -to -value ratios. (See "THE ADMINISTRATOR — Loss and Delinquency Experience. ") See "INSURANCE" for a description of the Private Mortgage Insurance policy, FHA Insurance or VA Guaranty required for each Mortgage Loan with a loan -to -value ratio in excess of 75 %. There are a number of ways in which residential mortgage loans could become available at rates competitive with the rate for the Mortgage Loans, including a general decrease in prevailing rates for conventional mortgage loans (such rates have been declining in recent months) or the issuance by any of the Issuers of bonds for the purpose of making additional residential mortgage.loans for single - family housing (although the Issuers have a stated policy not to do so until the Originators have made or entered into commitments to make Mortgage Loans in sufficient principal amounts to use all funds in the Mortgage Loan Fund or until the end of the Delivery Period, whichever comes first) or the issuance of bonds by other issuers such as the Minnesota Housing Finance Agency or the city of Fargo, North Dakota (which is adjacent to the City of Moorhead and is contemplating such a bond issuance) or other cities in the Minneapolis -St. Paul metropolitan area for the purpose of making residential mortgage loans in one of the Cities or nearby areas whose housing competes with that of one of the Cities. Should residential mortgage loans become available in one of the Cities or competitive areas at rates competitive with the rate for the Mortgage Loans and prior to the time the Originators originate a sufficient number of Mortgage Loans to fully utilize all moneys in the Mortgage Loan Fund, the Originators may not be able to originate the number of Mortgage Loans required to fully utilize all moneys in the Mortgage Loan Fund. In this event, the Indenture requires that a portion of the Bonds be redeemed as described under the caption "THE BONDS — Redemption Provisions - Special Mandatory Redemption." Another factor which could inhibit the ability of the Originators to originate a sufficient amount of Mortgage Loans to use all the moneys in the Mortgage Loan Fund would be the failure by one or more Builder - Developers to complete construction of new residences being constructed by them pursuant to Builder - Developer Commitments or Resale Commitments in a timely manner. Common risks in the housing construction industry which can cause delays include fire or other casualty, strikes, materials shortages, defaults by contractors and subcontractors and delays in the installation of streets, sewers and other facilities. See "THE ADMINISTRATOR" for a listing of delinquencies and defaults under the City of Moorhead's below- market interest rate mortgage loan program initiated in 1979 with the proceeds of an earlier issue of single - family mortgage revenue bonds. Housing Market For a summary of the residential home sales in each of the Cities during the past four years, see Exhibit A. INSURANCE The Origination Agreements and the Administration Agreement require that the following insur- ance be carried with respect to the Mortgage Loans: (i) if the original principal amount of the Mortgage Loan exceeds 75% of the lesser of the purchase price or appraised value of the property subject to the related Mortgage (treating a Pledged Savings Account as part of the down payment), FHA Insurance, a VA Guaranty or a Private Mortgage Insurance policy (except that in Moorhead only Private Mortgage Insurance will be used); (ii) a Mortgage Pool Insurance Policy (such policy will not insure Mortgage Loans in Moorhead); (iii) a Standard Hazard Insurance Policy with extended coverage on the property subject to the related Mortgage; (iv) a Special Hazard Insurance Policy; and (v) an Errors and Omissions Insurance Policy and a Fidelity Bond, for each Originator and for the Administrator, except 32 that the Administrator may choose to participate in a self - insurance program in place of maintaining an Errors and Omissions Insurance Policy and Fidelity Bond. The following description of such mortgage insurance programs is only a brief outline and does not purport to summarize or describe all of the provisions of these programs. For a more complete description of the terms of these programs, reference is made to the provisions of the insurance contracts embodied in the regulations and master insurance contracts regarding the various insurers and programs described below. Private Mortgage Insurance Policy The Originators will cause to be obtained for each Mortgage Loan the original principal amount of which exceeds 75% of the lesser of the purchase price or appraised value of the property subject to the related Mortgage, either (i) FHA Insurance or (ii) a VA Guaranty, which VA Guaranty plus cash equity, if any, must be equal to at least 28% of the original principal amount of the Mortgage Loan or (iii) a Private Mortgage Insurance policy in the amount so that the uninsured portion of the Mortgage Loan does not exceed 72% of the lesser of the purchase price or the appraisal value of the Home, except that each Pledged Savings Account Mortgage Loan and each Mortgage Loan on a Home in Moorhead must be insured under a Private Mortgage Insurance Policy in an amount equal to the principal amount of the Mortgage Loan. Each Private Mortgage Insurance policy must be provided by a Qualified Insurer. Pursuant to the Administration Agreement, any amounts collected by the Administrator under any Private Mortgage Insurance policy, FHA Insurance or VA Guaranty will be deposited into the Suspense Account. All premiums advanced by the Administrator in maintaining such insurance will be added to the amount of the Mortgage Loan where the terms of the Mortgage Loan so permit. Such advances are recoverable by the Administrator from the Suspense Account in accordance with provi- sions of the Administration Agreement. Private Mortgage Insurance Policies presently contain provisions substantially as follows: (a) a claim includes unpaid principal, accrued interest to the date of tender to the insurer of title to the property and certain expenses; (b) the Administrator, to file a claim, must acquire and tender (on behalf of the Issuers and the Trustee) to the insurer merchantable title to the property, free and clear of all liens and encumbrances, including any right of redemption by the mortgagor; (c) when a claim is presented, the insurer will have the option of paying the claim in full, taking title to the property and arranging for its sale or paying the insured percentage of the claim and allowing the Issuers and the Trustee to retain title to the property; (d) a claim must be made within 60 days after the Administrator has acquired clear and unencumbered title to the property for the Issuers and the Trustee; and (e) a claim must be paid within 60 days after the claim is made by'the Administrator. No payment for a loss will be made unless the property financed by the defaulted Mortgage Loan is in the same condition as when the Mortgage Loan was originally insured, subject to reasonable wear and tear. Federal Housing Administration Mortgage Insurance Program The National Housing Act, as amended (the "Housing Act "), authorizes various FHA mortgage insurance programs. The Mortgage Loans may be insured under Section 203(b) of the Housing Act, which is the most widely used FHA insurance program, or any other section of the Housing Act, other than Section 245, providing substantially the same insurance if approved by the Administrator. Under Section 203(b), FHA insures mortgage loans of up to 35 years' duration for the purchase of one- to four - family dwelling units. Loans insured under the Section 203(b) program must bear interest at a rate not exceeding the maximum rate in effect at the time the loan is made, as established by the United States Department of Housing and Urban Development ( "HUD "), and may not exceed 97% of the first $25,000 of the property's appraised value and 95% of the balance thereafter, up to a $74,000 maximum, for a one - family residence. In addition, FHA imposes loan -to -value ratio limitations and other require- ments on mortgage loans insured under the Section 203(b) program. The regulations governing the Section 203(b) program provide that insurance benefits are payable either upon foreclosure (or other acquisition of possession) and conveyance of the mortgaged premises 33 to HUD or upon assignment of the defaulted mortgage loan to HUD. Assignment is allowed only with HUD approval. With respect to the assignment of mortgaged ,premises containing less than five dwelling units to HUD, mortgagees must first make a determination as to whether or not the default is caused by a circumstance or set of circumstances beyond the mortgagor's control which temporarily renders the family financially unable to cure the delinquency within a reasonable time or make full mortgage payments. If a determination is made that the default is caused by such circumstances, HUD must be requested to accept assignment and must have rejected the request for the mortgagee to initiate foreclosure proceedings. The FHA Insurance that may be provided under this program upon conveyance of the mortgaged premises to HUD is equal to 100% of the outstanding principal balance of the mortgage loan, plus interest, as described below, and certain additional costs and expenses. Under the Section 203(b) program, HUD has the option, at its discretion, to pay insurance claims in cash or in debentures issued by HUD. The current HUD policy, subject to change at any time, is to make insurance payments on single- family mortgage loans in cash. HUD debentures issued in satisfaction of FHA insurance claims bear interest at the HUD deben- ture interest rate in effect under HUD regulations on the date of the mortgage insurance commitment or of the initial insurance endorsement of the mortgage loan, whichever rate is higher. The current HUD debenture interest rates applicable to the Mortgage Loans is 12 3 /4 %. When entitlement to insurance benefits results from foreclosure (or other acquisition of posses- sion) and conveyance, the insurance payment is computed as of the date of default by the mortgagor, which, under HUD regulations, will occur no less than 60 days after the due date of a mortgage payment, and the mortgage holder generally is not compensated for mortgage interest accrued and unpaid prior to that date. Under such circumstances, the amount of insurance benefits generally paid by FHA is equal to the unpaid principal amount of the mortgage loan, adjusted to reimburse the mortgagee for certain tax, insurance and similar payments made by it and to deduct certain amounts received or retained by the mortgagee after default, plus reimbursement not to exceed two- thirds of the mortgagee's foreclosure costs. When entitlement to insurance benefits results from assignment of the mortgage loan to HUD, the insurance payment is computed as of the date of the assignment and includes full compensation for mortgage interest accrued and unpaid to the assignment date. The insurance payment itself bears interest from the date of default, or, where applicable, the date of j assignment, to the date of payment of the claim at the same interest rate as the applicable HUD debenture interest rate determined in the manner set forth above. When any property to be conveyed to HUD or subject to a mortgage to be assigned to HUD has been damaged by fire, earthquake, flood or tornado, it is required, as a condition to payment of an insurance claim, that such property be repaired by the mortgage holder prior to such conveyance or assignment. To obtain title (for the Issuers and Trustee) to and possession of the property upon foreclosure, the Administrator will pursue its rights under the power of sale contained in the mortgage subject to the constraints imposed by applicable Minnesota law (discussed above) and by HUD. The HUD con - straints require that, absent the consent of the mortgagor, at least three full monthly installments be due and unpaid under a mortgage loan before the mortgagee may initiate any action leading to foreclosure of the mortgage. Also required is a face -to -face conference between the mortgagee and the mortgagor in an effort to cure the delinquency without foreclosure. The cost of maintaining any FHA Insurance shall be paid by each mortgagor of a Mortgage Loan which requires such insurance. VA Guaranty Program The Serviceman's Readjustment Act of 1944, as amended, permits a veteran (or, in certain instances, his or her spouse) to obtain a mortgage loan guaranty by the VA covering mortgage financing of the purchase of a one to four - family dwelling unit at interest rates permitted' by the VA. The program has no mortgage loan limits, requires no down payment from the purchaser and permits the guaranty of mortgage loans with terms of up to 30 years. The maximum guaranty that may be issued by 34 i the VA under this program is the lesser of 60% of the original principal amount of the mortgage loan or $27,500. The liability on the guaranty is reduced or increased pro rata with any reduction or increase in the amount of the indebtedness, but in no event will the amount payable on the guaranty exceed the amount of the original guaranty. Notwithstanding the dollar and percentage limitations of the guar- anty, a mortgage holder will ordinarily suffer a monetary loss only where the difference between the unsatisfied indebtedness and the proceeds of a foreclosure sale of a mortgaged premises is greater than the original guaranty as adjusted. The VA may, at its option and without regard to the guaranty, make full payment to a mortgage holder of unsatisfied indebtedness on a mortgage upon its assignment to the VA. Mortgage Pool Insurance Policy At or prior to the delivery of the Bonds, a Mortgage Pool Insurance Policy issued by Mortgage Guaranty Insurance Corporation ( "MGIC ") will be obtained. The policy provides insurance coverage on the full amount of any loss realized by the Trustee and the Issuers by reason of the default of a mortgagor on a Mortgage Loan (after any payment by the VA, FHA or insurer under a Private Mortgage Insurance policy), subject to a maximum limitation on aggregate claims of 15% of the aggregate original principal balance of all Mortgage Loans which can be purchased by the Issuers, provided that the Mortgage Pool Insurance Policy will not insure Mortgage Loans made in Moorhead. (Mortgage Loans made in Moorhead must have a loan -to -value ratio in excess of 75% or must be insured under a Private Mortgage Insurance policy in an amount equal to the principal amount of the loan until such a loan -to -value ratio is reached.) The Administrator has agreed in the Administration Agreement to present claims under the Mortgage Pool Insurance Policy to MGIC. The Mortgage Pool Insurance Policy will be issued to the Trustee and the Issuers, as their interests may appear, and the premium for the Mortgage Pool Insurance Policy will be paid by the Trustee from the Revenue Fund. The Mortgage Pool Insurance Policy will continue in force until (i) each Mortgage Loan (except in Moorhead) has been paid in full or is no longer security for the Bonds or (ii) the Bonds are redeemed. In the event the Mortgage Pool Insurance Policy should be cancelled or the Trustee has notice that the policy has ceased to be in effect for any reason or the Trustee has actual notice that the carrier thereof ceases to be a Qualified Insurer, the Trustee is to exercise its best efforts to obtain another policy with comparable protection from such other Qualified Insurer as it selects so that a Mortgage Pool Insurance Policy is continuously in full force and effect; provided that the premiums therefor are affordable in light of the cash flow of the Program, which determination may be made upon advice of an experienced financial consultant, and further provided that the Pool Limit on the Mortgage Pool Insurance Policy may be based upon the remaining principal amount of the Mortgage Loans then outstanding. The Trustee may in its discretion retain the services of an insurance consultant to advise the Trustee in connection with obtaining any such replacement policy and may rely on the advice of such consultant and obtain such replacement policy from any Qualified Insurer who is recommended by such consul- tant and shall be under no liability to the Bondholders as a result of choosing such Qualified Insurer. The Mortgage Pool Insurance Policy is not a blanket policy against all losses, since claims under the policy may only be made respecting particular defaulted Mortgage Loans and only upon the satisfaction of certain conditions described below. The Mortgage Pool Insurance Policy provides that no claim may be validly presented thereunder unless (a) with respect to a Mortgage Loan the loan-to -value ratio of which exceeds 80 %, a Private Mortgage Insurance policy, FHA Insurance or a VA Guaranty has been kept in force in an amount so that the uninsured or unguaranteed portion does not exceed 75% of the lesser of the purchase price or appraised value of the residence financed, until the loan -to -value ratio reaches 80% or less; (b) premi- ums on °the Standard Hazard Insurance Policy on the property securing the defaulted Mortgage Loan have been paid and other foreclosure, protection and preservation expenses have been paid; and (c) if there has been physical loss or damage to the mortgaged property, it has been restored to its physical condition at the time of the issuance of the policy, subject to ordinary wear and tear. Assuming the satisfaction of these conditions, MGIC has the option, after expiration of the applicable redemption period, to either (i) purchase the property securing the defaulted Mortgage Loan at a price equal to the 35 principal balance thereof plus accrued and unpaid interest at the Mortgage Loan rate to the date of purchase plus certain expenses incurred by the Administrator, on condition that MGIC must be provided with good and merchantable title to the mortgaged property (unless the property has been conveyed pursuant to the terms of a Private Mortgage Insurance policy, policy of FHA Insurance or VA Guaranty) or (ii) pay the amount by which the sum of the principal balance of the defaulted Mortgage Loan plus accrued and unpaid interest at the mortgage rate to the date of the payment of the claim plus certain expenses exceeds the proceeds received from a sale of the property which MGIC has approved. In both (i) and (ii), the amount of payment under the Mortgage Pool Insurance Policy is reduced by the amount of such loss paid under a Private Mortgage Insurance policy, FHA Insurance or a VA Guaranty and by the amount of any deposit in a Pledged Savings Account foreclosed upon by the Administrator.. A claim under the Mortgage Pool Insurance Policy must be filed (i) if a Private Mortgage Insur- ance policy, FHA Insurance or a VA Guaranty is in force, within 60 days either after the claim for loss has been settled or paid or after a sale approved by MGIC, whichever is later, or (ii) if a Private Mortgage Insurance policy, FHA Insurance or a VA Guaranty is not in force, within 60 days after a sale approved by MGIC. MGIC will pay claims within 30 days after they are properly filed. Since the property subject to a defaulted Mortgage Loan must, if it has.been damaged, be restored to its condition at the time of the issuance of the Mortgage Pool Insurance Policy (reasonable wear and tear excepted) prior to making a claim against MGIC, the Mortgage Pool Insurance Policy does not provide coverage against hazard losses. As a consequence of the reinstatement privilege and redemption period. applicable to foreclosures under Minnesota law, there normally will be a delay between the default by the mortgagor and the collection of sale and insurance proceeds by the Administrator. See "THE MORTGAGE LOANS Foreclosure Laws." It is not unusual for mortgagees to be delayed for up to 10 months from the date of initiation of a mortgage foreclosure proceeding until they realize their possessory rights. Furthermore, since MGIC is given 30 days in which to pay claims after presentment, additional delays are possible. Any delays as a result of the foregoing may serve to increase accrued interest and expenses and, accordingly, to reduce somewhat the overall coverage of the Mortgage Pool Insurance Policy. The amount of coverage under the Mortgage Pool Insurance Policy will be reduced over the life of the Bonds by the dollar amount of claims paid less amounts realized by MGIC upon disposition of mortgaged properties. Accordingly, if aggregate recoveries under the Mortgage Pool Insurance Policy reach the policy limits, coverage under the Mortgage Pool Insurance Policy will be exhausted and any further loss will be borne by the Bondholders to the extent remaining moneys held under the Indenture are inadequate to pay the Bonds. MGIC is a Wisconsin corporation and subsidiary of MGIC Investment Corporation, which is a subsidiary of Baldwin- United Corporation. MGIC is principally engaged in the business of insuring mortgage loans on residential properties against default in payment by the mortgagor. Such mortgage insurance is offered to approved lending institutions in all states. As of December 31, 1981, MGIC reported mortgage guaranty insurance in force covering approximately $48.0 billion of residential mortgage loans and mortgage pool insurance in force covering approximately $9.9 billion of residential mortgage loans. Also as of such date, MGIC reported total assets of approximately $803.9 million, capital and surplus aggregating approximately $176.5 million and statutory contingency reserves of approximately $458.3 million, resulting in total policyholders' reserves of approximately $634.8 million. Standard Hazard Insurance and Flood Insurance The Administrator will require each mortgagor to maintain homeowner's fire insurance with extended coverage on the mortgaged property in an amount which is not less than the maximum insurable value of the improvements securing the Mortgage Loan or the principal balance owing on the Mortgage Loan, whichever is less. The Administrator will also require each homeowner to maintain any flood insurance required to be maintained by federal or Minnesota law. Subject to the laws of the State of Minnesota, any amounts collected by the Administrator under any Standard Hazard Insurance Policy or policy of flood insurance (other than amounts to be applied to the restoration or repair of the 36 property) will be, pursuant to the Administration Agreement, deposited into the Suspense Account after deduction of its expenses. Each Standard Hazard Insurance Policy will be with insurers approved by FNMA or FHLMC. In general, a standard form of fire and extended coverage policy covers physical damage to or destruction of the improvements on the property by fire, lightning, explosion, smoke, windstorm, hail, riot, strike and civil commotion, subject to the conditions and exclusions particularized in each policy. Although fire insurance policies relating to different Mortgage Loans may be issued by different insurance companies, and therefore may have minor differences in coverage, the basic terms are dictated by Minnesota law. Policies typically exclude physical damage resulting from the following: revolution, enemy attack by armed forces, invasion, insurrection, rebellion, revolution, civil war, usurped power, flood, animals, earth movement, nuclear reaction, dry rot, rodents and, in certain cases, vandalism. In addition, such policies typically exclude losses while the hazard is increased by any means within the control or knowledge of the insured, while the premises are vacant or unoccupied beyond a period of 60 consecutive days, or as a result of explosion. All policies issued in Minnesota have historically provided sufficient coverage to be acceptable to savings and loan associations, banks and other mortgage lenders in the regular conduct of their business. Losses to mortgage lenders arising from uninsured casualty losses historically have been nominal. Special Hazard Insurance Standard Hazard Insurance Policies typically contain certain exclusions and in certain instances a "co- insurance" clause which, in effect, requires the owner to carry insurance equal to a certain percent- age (generally 80% to 90 %) of either the replacement cost or actual cash value (replacement cost less depreciation) of the improvements located on the property and if the amount of insurance is less than such percentage then in the event of a partial loss the amount of the recovery will be reduced accordingly. At or prior to the delivery of the Bonds, a Special Hazard Insurance Policy will be obtained from MGIC Indemnity Corporation to provide protection with respect to certain risks, including flood, earthquake, mudslide, building collapse (to a limited extent) and losses resulting from the application of a coinsurance clause with respect to a defaulted Mortgage Loan secured by a damaged property. The Special Hazard Insurance Policy will not provide coverage for loss resulting from (i) the perils insured against by a Standard Hazard Insurance Policy, except to the extent of that portion of the loss which was uninsured under such policy because of the application of a coinsurance clause, (ii) errors in design or faulty workmanship or materials unless they result in the collapse of the property (and then only for the resulting loss), (iii) nuclear reaction or radiation or (iv) hostile or warlike action in time of peace or war, insurrection, civil war, quarantine or confiscation by order of governmental authority. The Admin- istrator has agreed in the Administration Agreement to assure that all Homes are insured under a Special Hazard Insurance Policy and will present claims thereunder to the insurer. The Special Hazard Insurance Policy will cover a loss with respect to a defaulted Mortgage Loan resulting from risk covered by the policy whether the loss occurs before or after the default by the mortgagor. MGIC Indemnity Corporation will pay the lesser of (i) the cost of repair or (ii) the sum of (a) the unpaid principal balance of the Mortgage Loan at the time the property is acquired by the Issuers and the Trustee, or the Administrator on behalf of the Issuers and the Trustee, (b) certain expenses paid by the Administrator as a condition to filing a claim and (c) accumulated interest on the total of the unpaid principal balance of the Mortgage Loan to the date of payment of the claim; but the amount of recovery under either (i) or (ii) will be reduced by the net proceeds received from any Standard Hazard Insurance Policy or flood insurance. If the insurer elects to pay the claim under (ii) above, the Administrator must tender good and merchantable title to the property to the insurer. A claim under the Special Hazard Insurance Policy must generally be filed by the Administrator within 60 days after either (i) the Issuers and the Trustee, or the Administrator on behalf of the Issuers and the Trustee, has acquired good and merchantable title to the property insured or (ii) the property 37 has been damaged b a peril insured under such g y p policy, which damage occurred while the Issuers and the Trustee, or the Administrator on behalf of the Issuers and the Trustee, had good and merchantable title that had been acquired because of the default by a mortgagor. A claim is payable within 30 days after the claim is received by the insurer. The policy will continue in force until (i) each Mortgage Loan either has been paid in full or is no longer security for the Bonds or (ii) the Bonds are redeemed. The Special Hazard Insurance Policy provides that no claim may be validly presented thereunder unless the premiums on standard hazard insurance (or its equivalent) on the property securing the defaulted Mortgage Loan have been paid and other foreclosure, protection and preservation expenses have been paid. In the event the Special Hazard Insurance Policy should be cancelled or terminated, or the carrier ceases to be a Qualified Insurer, the Trustee will exercise its best efforts to obtain another policy with comparable protection from such other Qualified Insurer as it selects so that a Special Hazard Insur- ance Policy is continuously in full force and effect; provided that the premiums are affordable in light of the cash flow of the Program, which determination may be made upon advice of an experienced financial consultant, and further provided that the Pool Limit on the Special Hazard Insurance Policy may be based upon the remaining principal amount of the Mortgage Loans then outstanding. The Trustee may in its discretion retain the services of an insurance consultant to advise the Trustee in connection with obtaining any such replacement policy and may rely on the advice of such consultant and obtain such replacement policy from any Qualified Insurer who is recommended by such consul- tant and shall be under no liability to the Bondholders as a result of choosing such Qualified Insurer. The amount of coverage under the Special Hazard Insurance Policy will be the greater of one percent of the aggregate initial principal balances of the Mortgage Loans or two times the principal amount of the largest Mortgage Loan purchased. The residual coverage under the policy will be reduced by the dollar amount of claims paid less amounts realized by the insurer upon disposition of the mortgaged property. If aggregate claims reach the policy limit, no further payments will be made by the insurer and any losses resulting thereafter will be borne by the Bondholders to the extent remaining moneys held under the Indenture are inadequate to pay the Bonds. Premiums on the Special Hazard Insurance Policy are to be paid by the Trustee from the Revenue Fund. Failure to pay the premium will result in termination of coverage. MGIC Indemnity Corporation is a Wisconsin corporation and is a subsidiary of MGIC Investment Corporation, which is a subsidiary of Baldwin- United Corporation. MGIC Indemnity Corporation is a multiple -line property /casualty insurance company. As of December 31, 1981, MGIC Indemnity Cor- poration reported total assets of approximately $163.7 million and total policyholders', surplus of approximately $65.7 million. Errors and Omissions Insurance Policies and Fidelity Bonds The Administrator has agreed to maintain an Errors and Omissions Insurance Policy, which will insure against errors and omissions of its officers or employees in preserving claims against private . insurers, the FHA and VA, in causing mortgagors to maintain Standard Hazard Insurance Policies, FHA Insurance or VA Guaranties and in its other administering and servicing activities. Each Origina- tor has also agreed to maintain an Errors and Omissions Insurance Policy to insure against errors and omissions of its officers and employees in the carrying out of its obligations under its Origination Agreement. The Administrator and each Originator have also agreed to maintain Fidelity Bonds (or, in the case of the Administrator, a direct surety bond in favor of the Trustee) which, subject to limitations in the Fidelity Bonds or direct surety bond, will insure against misappropriations of funds from the Administrator and the Originators by their officers and employees. The Administrator and each Originator will pay the premiums for their respective Errors and Omissions Insurance Policies and Fidelity Bonds or direct surety bond. Any Errors and Omissions Insurance Policy and any Fidelity Bond must be in the form and substance required by FHLMC or FNMA. Such policies and bonds are subject to certain limitations as 38 to amounts of coverage, deductible amounts and conditions and exclusions and exceptions. Accord- ingly, the policies and bonds, respectively, will not provide coverage against all losses which may be sustained as a result of errors or omissions or misappropriation. Anything described in the previous two paragraphs notwithstanding, in lieu of maintaining an Errors and Omissions insurance Policy and Fidelity Bond, the Administrator may participate in a self- insurance program to protect against the same risks that an Errors and Omissions Insurance Policy and a Fidelity Bond cover. THE ORIGINATORS Each of the Cities has invited all mortgage lending institutions known to be originating a substan- tial number of mortgage loans in the related City to submit offers to become Originators. Each of the Cities allocated the following dollar amounts to the Originators: Allocations*(000) City of City of Brooklyn Columbia City of City of Originators Center Heights Moorhead Robbinsdale American Bank and Trust Company of Moorhead ...................... $ $ $1,433.9 $ American Federal Savings & Loan Association 306.9 Banco Mortgage Company ............. 2,403.8 4,936.6 ' 6,633.8 First Federal Savings and Loan Association of Minneapolis .... ..... ...... 1,000, 1,000 1,000 First National Bank in Moorhead ......... 3,331.1 Knutson Mortgage & Financial Corporation 300 Lumbermen's Investment Corporation ...... 1,000 1,000 1,000 Midlands Federal Savings & Loan Association 1,990.5 Moorhead State Bank ................ 591.1 Northland Mortgage Company . 3,000 1,000 1,000 Total ....................... $7,703,787 $7,936,632 $7,653,807 $6,633,846 *Estimate; subject to change. Mortgage Loan Commitments may be revoked by the Administrator, as described under "THE ORIGINATION AGREEMENTS — Time Limits and Mortgage Loan Commitment Reallocations." The following information concerning origination experience was furnished by the Originators`. FHA /VA Coventional /PMI Single - Family Single - Family Single- Family Single- Family . Single- Family Single - Family Mortgage Loans Mortgage Loans Mortgage Loans Mortgage Loans Mortgages Mortgages Originated in Originated in Originated in Originated in Originated Originated 1981 in 1981 in 1981 in 1982 in Originators in 1981 in 1981 Brooklyn Center Columbia Heights Moorhead Robbinsdale American Bank and Trust Company of Moorhead . . . . . . . . . . . . $ 249,250 $ 988,676 $ NA $ — $ 818,550 $ NA American Federal Savings & Loan Association . . . . . . . . . . . . . . NA 551,551 — — 150,268 NA Banco Mortgage Company . . 468,952,409 200,979,748 NA — — NA First Federal Savings and Loan Association of Minneapolis .. . . . 1,286,000 53,239,000 388,900 57,000 388,900 First National Bank in Moorhead . . . 266,150 464,100 706,750 Knutson Mortgage & Financial Corporation . . . . . NA 164,651,284 NA — — — Lumbermen's Investment Corporation 181,242,426 90,994,740 29,766,435 29,766,435 — 29,766,436 Midlands Federal Savings & Loan Association . . . . . . . . . . . . . . 196,000 1,465,655 — — 1,661,655 — Moorhead State Bank . . . . . . . 119,800 NA — -- 119,800 Northland Mortgage Company 74,712,816 35,103,198 NA NA — NA 39 THE ADMINISTRATOR General The Administrator, Banco Mortgage Company, was formed in 1905 and is presently a wholly owned subsidiary of Northwest Bancorporation. On December 31, 1981, the Administrator and its subsidiaries had total assets of approximately $205 million, an increase of approximately $70 million over 1980, and net after -tax earnings of approximately $1 million, a decrease of approximately -$2 million over 1980. The Administrator is in the business of making, selling, purchasing and servicing mortgage loans of all types. Substantially all of its income is derived from servicing fees, mortgage sales, loan fees and other fees charged in connection with the making or servicing of mortgage loans. A majority of its expenses are for the compensation of officers and employees. The Administrator presently conducts its operations through its principal office at Midlands Square Building, 331 Second Avenue South, Minneapolis, Minnesota 55440 and maintains 89 offices in 26 states. Servicing Activities — Audit All of the Administrator's Minneapolis -St. Paul metropolitan area mortgage loans are serviced at its Minneapolis and St. Paul offices, except that computer operations are performed at its Waterloo, Iowa office. All Mortgage Loans will be similarly serviced. As of October 1, 1982, the Administrator was servicing approximately $6.6 billion of residential and nonresidential mortgage loans (approximately $4.3 billion of which were residential) in 26 states. According to the American Banker, as of June, 1982, the Administrator was the third largest mortgage company in the United States, based on dollar amount of loans serviced. The Administrator is acting as servicer for the mortgage loans made under the City of Moorhead's 1979 Program. The Administrator is presently acting as one of several servicers in mortgage finance programs similar to the one described herein for the cities of Minneapolis, St. Paul, Coon Rapids and St. Cloud, Minnesota, and as sole servicer in similar programs for the Minnesota cities of South St. Paul, Vadnais Heights, Moorhead, Faribault, Saint Louis Park, Eagan and Coon Rapids. In addition, the Administrator is acting as one of many seller /servicers in 35 single family mortgage revenue bond programs in 12 other states. The following table presents information concerning the Administrator's mortgage loan servicing activities in Minnesota: Minnesota Mortgage Loan Servicing Portfolio as of October 31, 1982 Principal Principal Type of Loan Amount Type of Loan Amount FHA Section 235 ....... $ 17,516,000 Conventional ........... $447,208,000 FHA Section 245 ........ 56,615,717 State Agency ........... 113,680,814 All Other FHA .......... 368,122,913 City Agencies ........... 180,404,626 VA Guaranteed .......... 413,419,000 Total = $1,596,967,070 The Administrator's lending and servicing activities are audited regularly by the Administrator's internal auditors. Its servicing activities with regard to FHA Insured and VA Guaranteed loans are periodically examined by FHA and VA. Certain financial records of the Administrator relating to its mortgage servicing activities are reviewed annually as part of the audit of the Administrator's financial statements conducted by the Administrator's independent accountants. 40 Loss and Delinquency Experience The Administrator's delinquency, foreclosure and loss experience on a national basis on Decem- ber 31 of each year since 1976, on residential mortgage loans serviced by it, is summarized in the following table. Residential Mortgage Loan Delinquencies In Excess of 30 Days, Foreclosure and Loss Experience Number Principal Number of Percentage Number of Percentage Losses of Loans Balance Delinquent of Loans Loans in of Loans in From As of December 31 In Service Delinquent Loans Delinquent Foreclosure Foreclosure Foreclosure 1977 52,265 $ 63,614,757 2,792 5.54 % 153 .29 % $ 94,594 1978 .............. 62,123 86124,422 3,335 5.36 % 242 .39 % 144,783 1979 .............. 78,851 138,032,000 4,559 5.85 % 301 .39 % 203,116 1980 .............. 92,830 216,696,759 6,174 6.65 % 531 .57 % 264,082 1981 .............. 112,405 272,562,406 7,697 6.85 % 905 .81 % 536,329 1982 (Oct. 31) ......... 118,633 321,482,046 8,564 7.218% 1,471 1.239% N/A As of December 31, 1981, the amount of residential loans serviced by the Administrator in Minnesota which were 31 to 60 days delinquent was 3.64% of the total principal amount of Minnesota residential loans serviced by the Administrator; the percentage of such loans 61 to 90 days delinquent was .831 %; and the percentage of such loans over 90 days delinquent (excluding loans in foreclosure) was .57 %. The percentage of loans in foreclosure was .38 %. The December 31,1981 delinquency rates on all residential mortgage loans serviced in Minnesota, as reported by the Mortgage Bankers Association of America, were 3.32 %, 0.63% and 0.42 %, respectively.* The Minnesota rate for loans in foreclosure was 0.22 %. The 31 -60, 61 -90 and over 90 days delinquency ratios and the foreclosure ratio reported by the Mortgage Bankers Association for FHA and VA loans in Minnesota as of December 31 (approxi- mately 70% of the Minnesota loans currently serviced by the Administrator are FHA and VA) were as follows: 3.46 %, 0.76 %, 0.48% and 0.25 %, respectively, for FHA and 3.71 %, 0.86 %, 0.67% and 0.31 %, respectively, for VA.* FHA and VA delinquenty ratios are generally higher than those for conventional mortgage loans partly because FHA and VA permit higher loan -to -value ratios than the normal mortgage lending industry standard of 80% for loans which do not have FHA insurance or private mortgage insurance or a VA guaranty. In this regard, it should be noted that the loan -to -value ratios of the Mortgage Loans may be as high as 95 %. All Mortgage Loans with loan -to -value ratios exceeding 75% must be FHA Insured, VA Guaranteed or insured under a Private Mortgage Insurance policy. As of October 1, 1982, (and based on a delinquency occurring when the monthly payments are 25 days or more past due) the following were the delinquency and default ratios experienced by the Administrator on loans being serviced by it under several other mortgage revenue bond programs in the State: Percent of Percent of Principal Principal Number Number Amount of Amount of Loans City Of Loans Loans Delinquent Delinquent COON RAPIDS I Volume being serviced . .. ............... 201 $ 12,392,783 — — 30 -day delinquencies .................. 8 484,359 3.91% 3.98% 60 -day delinquencies ..... ... .. ..... ... 0 — — — 90 -day delinquencies ... ...... ......... 0 — — — Foreclosure in process .................. 0 — — — Foreclosures ....................... 0 — — — *The Mortgage Bankers Association's Minnesota figures are seasonally adjusted and relate to number of loans, not principal amount (delinquency ratios calculated by number of loans are usually not very different than those calculated by amount of loans). 41 Percent of Percent of Principal Principal Number Number Amount of Amount of Loans City Of Loans Loans Delinquent Delinquent EAGAN Volume being serviced .................. 293 16,639,451 - - 30 -day delinquencies .................. 9 567,672 3.41 3.07 60 -day delinquencies .. . ........ 4 243,934 1.47 1.37 90 -day delinquencies ................ 0 - - - Foreclosure in process .. ................ 1 122,769 .74 .68 Foreclosures .................... 0 - - FARIBAULT Volume being serviced .................. 343 13,300,589 - 30 -day delinquencies .... ............ 10 417,701 3.14 2.92 60 -day delinquencies ......... ....... 4 163,506 1.23 1.17 90 -day delinquencies .................. 1 43,656 .33 .29 Foreclosure in process .................. 2 82,570 .62 .58 Foreclosures ............. ......... 0 - - MOORHEAD Volume being serviced .... ....... 355 16,144,271 - - 30 -day delinquencies .................. 15 737,447 4.57 4.23 60 -day delinquencies .................. 3 135,074 .83 .85 90 -day delinquencies ................. 0 - - Foreclosure in process .................. 1 49,962 .31 .28 Foreclosures ..................... 1 60,200 .37 .28 ST. LOUIS PARK Volume being serviced .................. 297 16,904,835 - - 30 -day delinquencies .................. 3 164,353 .97 1.01 60 -day delinquencies .................. 3 185,624 1.10 1.01 90 -day delinquencies ... .............. 0 - - Foreclosure in process .................. 1 54,470 .32 .34 Foreclosures . ............. ........ 0 - - VADNAIS HEIGHTS Volume being serviced .................. 436 28,615,123 - - 30 -da� delinquencies ...... 8 536,803 1.88 1.83 60 -day delinquencies ................. 2 136,962 .48 .46 90 -day delinquencies ................. 0 - - - Foreclosure in process .................. 1 67,832 .24 .23 - Foreclosures ...................... 0 - - COON RAPIDS II Volume being serviced ... ............. 161 9,012,883 .98 .42 30 -day delinquencies .......... ... 1 88,000 - 60 -day delinquencies . ............. 0 - - - 90 -day delinquencies .... ........... 0 - - - Foreclosure in process ......... .... 0 - - - Foreclosures ......... .. .......... 0 - - - GRAND TOTAL ALL PROGRAMS Volume being serviced .................. 2086 113,009,935 - 30 -day delinquencies ................. 54 2,996,335 2.65 2.59 60 -day delinquencies .................. 16 865,100 .77 .77 90 -day delinquencies .................. 1 43,656 .04 .05 Foreclosure in process .................. 7 377,603 .33 .34 Foreclosures . .................. .. 1 60,200 .05 .05 42 i ADMINISTRATOR ACTING AS AN ORIGINATOR Banco Mortgage Company is acting both as Administrator and as one of the Originators. In addition, one of the Originators, First National Bank in Moorhead, is an affiliate of Banco Mortgage Company. This arrangement necessarily results in a conflict of interest for Banco Mortgage Company since under the Administration Agreement the Administrator is required to review certain documenta- tion on Mortgage Loans submitted by Originators prior to purchase by the Trustees, issue precommit- ments to the Originators and notices to the Trustees stating that such Mortgage Loans are eligible for purchase and, after the Sale Dates, inform Originators if any defects in their Mortgage Loans have been discovered during the Administrator's review of Mortgage Loan documents not reviewed prior to the Sale Date or during the process of servicing and that such Mortgage Loans must be repurchased if the defects cannot be cured (see "THE ADMINISTRATION AGREEMENT— Review of Mortgage Files; Servicing of Mortgage Loans," "THE MORTGAGE LOANS — Representations, Warranties and Covenants of the Originators Concerning Mortgage Loans," "THE MORTGAGE LOANS — Restric- tions" and "THE ORIGINATION AGREEMENTS — Origination of Mortgage Loans "). However, Banco Mortgage Company is a FNMA delegated underwriter (which means that FNMA will purchase its mortgage loans without reviewing Banco Mortgage Company's underwriting of them) and the Banco office which reviews originations will not itself originate Mortgage Loans. THE ORIGINATION AGREEMENTS The following is a summary of certain provisions of the Origination Agreements. Such summary is qualified in its entirety by reference to the Origination Agreements. The Trustee will perform all of the duties under the Indenture other than those specifically assigned to the Co- Trustee. Under the Indenture, the Co- Trustee will (i) perform all of the duties established by the Indenture which relate to the Moorhead Mortgage Loan Subaccount (including the purchase of Mortgage Loans originated in the City of Moorhead), (ii) invest the moneys of the Moorhead Mortgage Loan Subaccount under the Investment Agreement and (iii) assume the duties of Trustee in the event the Trustee resigns under the Indenture. Origination of Mortgage Loans The Issuers will agree to purchase and each Originator will agree to originate and sell without recourse and deliver to the Issuers during the Delivery Period Mortgage Loans in the principal amount set forth as such Originator's Mortgage Loan Commitment under the caption "THE ORIGINATORS," provided that an Originator will not be deemed to have violated such agreement if it originates and sells to the Issuers Mortgage Loans in a principal amount $10,000 less than its Mortgage Loan Commitment (the "Minimum Amount ") or in any principal amount between the Minimum Amount and the amount of its Mortgage Loan Commitment. The Delivery Period extends until November 1, 1984, provided that if the Trustees are able to secure an investment agreement with an institution rated "AA" or better by Standard & Poor's Corporation under which the Trustees may withdraw moneys at any time, the effect of which is to permit the investment of amounts then remaining on deposit in the Mortgage Loan Fund from the date of expiration of the Investment Agreement initially entered into on the Mortgage Loan Fund, at a rate per annum equal to or greater than the average weighted interest rate on the Bonds, and is able to obtain a favorable Bond Counsel Opinion that the investment of the amounts in the Mortgage Loan Fund pursuant to such investment agreement will not adversely affect the tax- exempt status of the interest on the Bonds, then the Delivery Period may be extended by the Issuers to a date which is 30 days before the date on which the subsequent investment agreement expires, but not later than November 1, 1985. An Originator may not deliver for purchase Mortgage Loans in excess of its Mortgage Loan Commitment without the express written consent of the Administrator, which consent will be given by the Administrator only if and to the extent that amounts remaining in the relevent Mortgage Loan Subaccount exceed the total amount of Mortgage Loan Commitments then outstanding to the Originators for the related City. An Originator will charge the mortgagor of a Mortgage Loan originated by such Originator and the seller of the Home financed the fees described 43 under the caption "THE MORTGAGE LOANS — General." The Trustee or Co- Trustee, as the case may be, will pay to an Originator from the relevent Mortgage Loan Subaccount on each Sale Date a sum described under the caption "THE BONDS — Sources and Uses of Funds," plus, in each case, up to five days' accrued interest on such Mortgage Loans. Closings for the sale of the Mortgage Loans by the Originators to the Issuers will be at such times as are mutually agreeable to the Originators, the Administrator and the Trustee or Co- Trustee, as the case may be, provided that all Mortgage Loans must be delivered for purchase within five days of their Closing Dates. All payments on account of taxes, special assessments or insurance collected by an Originator prior to the sale of a Mortgage Loan will be deposited by the Originator with the Adminis- trator to be deposited by the Administrator in the Escrow Account, as if such payments were being received by the Administrator from a mortgagor subsequent to the Sale Date. Prior to the Closing of each Mortgage Loan, the Originator will furnish to the Administrator 'a completed Pre- Commitment Review and Registration Form, together with those documents listed on such Form. Such documents would include the mortgagor's loan application form, the appraiser's report on the Home, a computation of the mortgagor's income, verification of the mortgagor's employ- ment, a credit report on the mortgagor and other documents and reports. The Administrator will review the Pre - Commitment Review and Registration Form and accompanying documentation and, within a reasonable time after submission of same, inform the Originator of any deficiencies. Any deficiencies must be corrected by the Originator prior to Closing with the mortgagor. If the Pre - Commitment Review and Registration Form and accompanying documentation indicate that, based upon such information, the Mortgage Loan, when Closed and delivered, will be a Qualified Mortgage Loan (except to the extent waived by the Administrator as described under the caption "THE ADMINISTRATION AGREEMENT — Waivers of Originator Defaults "), the Administrator will issue to the Originator a written Pre - Commitment (and, pursuant to the Administration Agreement, will send to the Trustee a certificate authorizing the Trustee to purchase such Mortgage Loan). A Qualified Mortgage Loan is one conforming to all requirements of the Origination Agreements. The Pre-Commit- ment process is for the benefit of the Originator and the Pre - Commitment is not to be construed as a binding agreement or obligation of the Administrator to certify to the Trustee that the Mortgage Loan subject to the Pre- Commitment, when Closed and delivered for purchase, conforms to the,require- ments of the Origination Agreements. An Originator must submit to the Trustee or Co- Trustee, as the case may be, at or before the sale of each Mortgage Loan to the Trustee or Co- Trustee, as the case may be, (i) the original Mortgage Loan Note properly endorsed to the order of the Issuers and the Trustees, (ii) conformed copies of the original Mortgage and any assignments of such Mortgage required by the Origination Agreements, (iii) evidence that such Mortgage and assignments have been sent for recordation, (iv) in the case of a Pledged Savings Account Mortgage Loan, the original executed Pledged Savings Account Security Agreement and (v) such other documents as the Administrator may reasonably request. The original Mortgage and assignments will be transferred to the Trustee after they have been recorded. The Trustee or Co- Trustee, as the case may be, will transfer the Pledged Savings Account Security Agree- ment and assignment thereof to the Administrator. As soon within 60 days after the Sale Date as is practicable (or such later date as may be approved by the Administrator for good cause) the Originator will submit to the Administrator all other documents specified in the Origination Agreements, includ- ing satisfactory evidence that all required insurance has been obtained. All such documents will be reviewed by the Administrator (to the extent not previously reviewed) to determine whether the' Mortgage Loan complies with the requirements of the Origination Agreements, including those described under the captions "THE MORTGAGE LOANS — Representations, Warranties and Cove- nants of the Originators Concerning Mortgage Loans" and "THE MORTGAGE LOANS — Restric- tions," to the extent it is possible to determine such compliance from such a review. If the Originator has not delivered all of the documents necessary to complete the Mortgage File within 60 days after the Sale Date (or such later date as may be approved by the Administrator' for good cause), the Administrator or the Trustee may (in addition to any other remedies available under the 44 Origination Agreement) either (i) charge the Originator a penalty equal to one percent of the original principal amount of the applicable Mortgage Loan, or (ii) tender such Mortgage Loan to the Originator for repurchase at a price equal to the principal amount thereof plus accrued interest to the date of repurchase plus (or minus, in the case of Standard Mortgage Loans in Moorhead) an amount equal to the difference between the outstanding principal amount of the Mortgage Loan at its Sale Date and the amount paid by the Trustee or Co- Trustee for the Mortgage Loan and the Originator must repurchase such Mortgage Loan within 10 days of such tender. The Administrator will inspect the Mortgage File (including the Mortgage and Mortgage Loan Note) and either (1) certify to the Trustee or Co- Trustee, that, to the best of its knowledge and belief, the Mortgage Loan is a Qualified Mortgage Loan, or (2) if the Mortgage Loan is not a Qualified Mortgage Loan, report such fact to the Originator and either (i) if the Mortgage Loan is an Eligible Mortgage Loan and if the deficiencies can be cured within 60 days and do not materially impair the underlying security for the Mortgage Loan direct the Originator to correct the defect within 60 days, or (ii) direct the Originator to repurchase the Mortgage Loan as provided below or (3) report to the Originator that the Mortgage File is deficient in some way, in which case the Originator will have 30 days to correct such deficiency or repurchase the Mortgage Loan in the manner provided below. As an alternative to the above Mortgage Loan delivery procedure, an Originator after receiving its Pre- Commitment and prior to selling a Mortgage Loan to the Trustee or Co- Trustee may deliver the entire Mortgage File to the Administrator for review. The determination by the Administrator that the Mortgage Loan is a Qualified Mortgage Loan will not be conclusive or binding upon the Trustee or Co- Trustee, and if it is later found that the Mortgage Loan is not so qualified it may be tendered to the Originator for correction or repurchase, as described below. The representations, warranties and covenants made by the Originators with respect to the Mortgage Loans pursuant to the Origination Agreements (see "THE MORTGAGE LOANS Repre- sentations, Warranties and Covenants of the Originators Concerning Mortgage Loans ") will survive the transfer of the Mortgage Loans by an Originator to the Issuers, and such representations, warranties and covenants will inure to the benefit of the Issuers, the Administrator, the Trustees and the Bond- holders. If during the Administrator's review of a Mortgage Loan or at any other time the Trustee or Co- Trustee, the Issuers or the Administrator discovers or becomes aware that any purchased Mortgage Loan does not comply with all requirements of the Origination Agreements, the Administrator will give notice to the Trustee and the Originator of such defect and if either (i) the Originator agrees to correct within 60 days of the date of such notice any defect therein which the Administrator determines is correctable (or, if such notice is given less than 60 days from the end of the Delivery Period, then within the Delivery Period), such that following such correction, the Mortgage Loan is a Qualified Mortgage Loan, and does not so correct the Mortgage Loan, or (ii) the Administrator determines that the defect cannot be corrected, then the Originator will repurchase such purchased Mortgage Loan from the Issuers and the Trustee within 10 days following the notice from the Administrator to repurchase at a price equal to (a) the outstanding principal balance of the Mortgage Loan plus (or minus, in the case of Standard Mortgage Loans in Moorhead) the difference between the outstanding principal balance of the Mortgage Loan at its Sale Date and the amount paid by the Trustee or Co- Trustee for the Mortgage Loan plus accrued interest thereon to the date of such purchase. If repurchase is required before the end of the Delivery Period, the Originator will be obligated to Commit, close and deliver within the Delivery Period a Mortgage Loan or Loans in an aggregate principal amount equal to the principal amount of the Mortgage Loan or Loans required to be repurchased by the Originator unless another Originator offers to accept such responsibility upon the same terms and conditions. The remedy described in this paragraph will not be exclusive, but will be in addition to any other remedy provided in the Origination Agreements. 45 Time Limits and Mortgage Loan Commitment Reallocations Each Originator agrees that, with respect to Standard Mortgage Loans, it will: (1) Commit to make Standard Mortgage Loans (in an amount equal to its Mortgage Loan Commitment less any portion held for Builder - Developer Mortgage Loans) by August 1, 1984; (2) Close all such Standard Mortgage Loans no later than three months after their respective dates of Commitment; provided however that with respect to newly constructed Homes, the Orginator must Close such Mortgage Loans within nine months of their respective dates of Commitment, but not later than November 1, 1984; and (3) Deliver all such Standard Mortgage Loans to the Trustee or Co- Trustee, as the case may be, within five calendar days of their respective Closing dates. Each Originator agrees that, with respect to Builder - Developer Mortgage Loans, it will apply the funds available to it for such Builder- Developer Mortgage Loans as follows: (1) Commit to make all Builder- Developer Mortgage Loans by February 1, 1984; (2) Close all Builder - Developer Mortgage Loans within nine months of their respective dates of commitment, but not later than April 1, 1984; (3) Deliver all such Builder - Developer Mortgage Loans to the Trustee or Co- Trustee, as the case may be, within five of their respective Closing Dates. The time limits set forth above may be extended by the Issuers if the Delivery Period is extended as described under "THE ORIGINATION AGREEMENTS — Origination of Mortgage Loans." If an Originator has not committed to make 50% of its Standard Mortgage Loans required to be originated and sold under its Origination Agreement by November 1, 1983, or has not committed to make 80% of all such Mortgage Loans by April 1, 1984 or has not delivered 80% of the Builder Developer Mortgage Loans required to be originated and sold under its Origination Agreement by February 1, 1984 or has not committed to make all of such Mortgage Loans by April 1, 1984, the Administrator may, in its discretion (a) after 15 days' written notice to the City in which the Commit- ments relate and the Originator, revoke all or a portion of the Originator's Mortgage Loan Commitment with respect to a principal amount of Qualified Mortgage Loans equal to the original Mortgage Loan Commitment less the aggregate principal amount of all Qualified Mortgage Loans previously Closed by the Originator or then Committed to be made by such Originator to Mortgagors and /or (b) in the case of a failure to deliver Builder- Developer Mortgage Loans, direct that all or a portion of the unused Builder - Developer Commitment or Resale Commitment be used to originate Standard Mortgage Loans. Termination The following events may result in the Trustee's termination of an Origination Agreement: (1) Failure by an Originator duly to observe or perform in any material respect any covenant, condition or agreement in its Origination Agreement to be observed or performed by such Origina- tor for a period of 30 days after written notice, specifying such failure and requesting that it be remedied, given to such Originator by the Administrator or the Trustee, unless the Administrator and the Trustee agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, neither the Administrator nor the Trustee will unreasonably withhold its consent to an extension of such time if corrective action is instituted by the Originator within the applicable period and diligently pursued until the default is corrected. 46 (2) A decree or order of a court or agency or supervisory authority having jurisdiction in the premises for the appointment of a, conservator or receiver or liquidator in any insolvency, readjust- ment of debt, marshalling of assets and liabilities or similar proceedings, or for the winding up or liquidation of its affairs, has been entered against an Originator and has remained in force undischarged or unstayed for a period of 60 days. (3) An Originator consents to the appointment of a conservator or receiver or liquidator in any insolvency, readjustment of debt, marshalling of assets and liabilities or similar proceedings of or relating to such Originator or of or relating to all or substantially all of its property. (4) An Originator admits in writing its inability to pay its debts generally as they become due, files a petition to take advantage of any applicable insolvency or reorganization statute, makes an assignment for the benefit of its creditors, or voluntarily suspends payment of its obligations. (5) Failure by an Originator to Commit to make, close and deliver Qualified Mortgage Loans in the amount of its Mortgage Loan Commitment within the respective time periods specified in the Origination Agreements (see "THE ORIGINATION AGREEMENTS — Time Limits and Mortgage Loan Commitment Reallocations"). (6) The discovery by the Trustee or Administrator that any representation made by an Originator in its Origination Agreement is incorrect in any material respect. The foregoing provisions of paragraph (1) are subject to the following limitation: if by reason of Force Majeure an Originator is unable in whole or in part to carry out the agreements on its part contained in its Origination Agreement, no such event will be deemed a cause for termination during the continuance of such inability. Each Originator agrees, however, to remedy with all reasonable dispatch the cause or causes preventing such Originator from carrying out its agreement; provided that the settlement of strikes, lockouts and other disturbances will be entirely within the discretion of such Originator, as the case may be, and such Originator will not be required to make settlement of strikes, lockouts and other disturbances by acceding to the demands of the opposing party or parties when such course is, in the judgment of such Originator, unfavorable to it. Whenever any event referred to above has occurred and is continuing with respect to an Origina- tor, the Trustee or the Administrator, for and on behalf of the Issuers, may take any one or more of the following remedial steps: (1) The Trustee or Administrator, by notice in writing to such Originator, may, subject to applicable Minnesota and federal law, terminate all of such Originator's rights and obligations under its Origination Agreement. (2) The Trustee or Originator may, if applicable, pursue the remedies described under "THE ORIGINATION AGREEMENTS — Origination of Mortgage Loans" or "THE ORIGINATION AGREEMENTS — Time Limits and Mortgage Loan Commitment Reallocations." The breach of any covenant described under "THE ORIGINATION AGREEMENTS — Time Limits and Mort- gage Loan Commitment Reallocations," is remediable only by the remedies described under that caption. (3) The Administrator or the Trustee may, in its descretion, absolutely assign to another Originator the defaulting Originator's Mortgage Loan Commitment with respect to a principal amount of Mortgage Loans equal to the original Mortgage Loan Commitment less the aggregate principal amount of all Mortgage Loans previously purchased by the Issuers from such Originator or then committed to be made by such Originator to mortgagors or closed (and which, in spite of the Event of Default, are required to be delivered to the Trustee or Co- Trustee for purchase); provided, however, that such Mortgage Loan Commitment will be so assigned only upon the following conditions: (a) Such subsequent Originator must deposit with the Trustee a Commitment Fee equal to that of the first Orginator relating to the amount of the assigned portion of the Mortgage Loan Commitment; 47 (b) The time period within the time limits described under the caption "THE ORIGI- NATION AGREEMENTS — Time Limits and Mortgage Loan Commitment Reallocations" to commit, Close and deliver such Qualified Mortgage Loans will be established by the Administrator; (c) Notwithstanding such absolute assignment, the defaulting Originator will remain liable for the total or partial nonperformance by the Originator to which the defaulting Originator's Mortgage Loan Commitment, or portion thereof, has been assigned; and (d) The defaulting Originator's Commitment Fee will be forfeited. (4) The Trustee or Administrator may take whatever other action at law or in equity may appear necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of such Originator under its Origination Agreement. On termination of an Origination Agreement, if the Originator has not yet delivered sufficient Qualified Mortgage Loans to fulfill its Mortgage Loan Commitment, the Administrator, with the consent of the Trustee, will, if it is practicable to do so, appoint or petition a court of competent jurisdiction to appoint any established mortgage lender as the successor to an Originator whose rights and obligations under an Origination Agreement have been terminated in the assumption of all the responsibilities and duties of such Originator under its Origination Agreement. The Trustee, Adminis- trator, Issuers and such successor will take such action, consistent with the Origination Agreement, as shall be necessary to effectuate any such succession. Merger or Consolidation of an Originator Each Originator agrees that during the term of its Origination Agreement it will remain a financial institution subject to supervision and examination by federal or State of Minnesota authorities, where applicable, and that it will remain in good standing and qualified to do business under the laws of the United States of America or the state of its then state of organization and of the State of Minnesota, will not dissolve or otherwise dispose of all or substantially all of its assets and will not voluntarily consolidate with or merge into any other entity or permit one or more other entities to consolidate with or merge into it; provided that an Originator may consolidate with or merge into another financial institution, or permit one or more financial institutions to consolidate with or merge into it, or sell or otherwise transfer to another such financial institution all or substantially all of its assets as an entirety and thereafter dissolve, provided the surviving, resulting or transferee financial institution, as the case may be, is subject to the supervision and examination of federal or State of Minnesota authorities, where applicable, and after giving effect to such transaction, (i) be an approved FHANA mortgagee or FHANA approved seller for FNMA or FHLMC, (ii) has a net worth substantially equal to or greater than that of such Originator immediately prior to such acquisition, consolidation or merger, and (iii) assumes in writing all of the obligations of such Originator under its Origination Agreement. THE ADMINISTRATION AGREEMENT The following is a summary of certain provisions of the Administration Agreement. This summary is qualified in its entirety by reference to the Administration Agreement. Review of Mortgage Files; Servicing of Mortgage Loans The Administrator is to review the forms and documents submitted to it prior to and after the sale of Mortgage Loans, issue Pre - Commitments and issue certificates to the Trustee that Mortgage Loans may be purchased, all as set forth under the caption "THE ORIGINATION AGREEMENTS — Origination of Mortgage Loans." The Administrator will service the Mortgage Loans in a manner consistent with normal mortgage lending practices and the mortgage loan servicing standards of FHA, VA or FNMA, as the case may be, for FHA Insured, VA Guaranteed and PMI /conventional Mortgage Loans except where the Adminis- tration Agreement provides a higher or different standard. 48 In return for its services under the Administration Agreement, the Administrator will receive the investment earnings, if any, on amounts on deposit from time to time in the Suspense Account and Escrow Account; and monthly, as its Servicing Fee, 1/12 of .300 of 1% of the principal balance of the Mortgage Loans then outstanding, which the Administrator may deduct from the mortgagor's monthly payment, but only when such payment is in fact received in the entire amount of the mortgagor's monthly payment. The Administrator may also retain as compensation all late fees collected from mortgagors, except that no part of any funds received with respect to a delinquent Mortgage Loan, which is subsequently never brought current, may be applied as late fees by the Administrator and retained by the Administrator. Repurchase of Mortgage Loans Upon determination by the Administrator at any time that any purchased Mortgage Loan is not a Qualified Mortgage Loan and cannot be or has not been cured within 60 days (or, in certain instances, 30 days) after notice of the defect to the Originator (except to the extent waived by the Administrator), the Administraor will give notice of such fact to the Trustee and promptly cause the Originator to correct any defect in the Mortgage Loan or to repurchase the Mortgage Loan pursuant to the provisions of the Origination Agreements described under the caption "THE ORIGINATION AGREEMENTS — Origination of Mortgage Loans." Suspense Account The Administrator will diligently collect or use its best efforts to collect each monthly payment on each Mortgage Loan when due or as soon thereafter as possible. Promptly after the collection of each such monthly payment, the Administrator will (after deducting its Servicing Fee, late fees and any other amounts to which it is entitled) deposit such amounts in the Suspense Account and Escrow Account, as described in "FUNDS AND ACCOUNTS — Flow of Funds." Graduated Payment Suspense Account In connection with the servicing of Pledged Savings Account Mortgage Loans, the Administrator will, on the first day of each month, withdraw from each Pledged Savings Account the amount provided in the Schedule of Withdrawals attached to the Pledged Savings Account Security Agreement related to such Pledged Savings Account. All such withdrawn amounts will be placed in the Graduated Payment Suspense Account to be maintained by the Administrator for such purpose with a financial institution having stated capital and surplus in excess of $10,000,000. The Graduated Payment Sus- . pense Account is to be a non - interest - bearing account. Upon receipt by the Administrator of the portion of a mortgagor's monthly payment to be paid directly by such mortgagor on a Pledged Savings Account Mortgage Loan, the Administrator will withdraw from the Graduated Payment Suspense Account the amount which, pursuant to such mortgagor's Schedule of Withdrawals, is to be withdrawn from his or her Pledged Savings Account in connection with such payment and deposit it in the Suspense Account. Escrow Account The Administrator will establish and maintain the Escrow Account in a bank or other financial institution having capital and combined surplus in excess of $10,000,000, whose accounts are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. The Administrator will pay when due from the Escrow Account all taxes, special assessments, condo- minium association fees and insurance premiums with respect to the Mortgage Loans and Homes. The Administrator will be obligated to make payment of such taxes, special assessments, condominium ` association fees and insurance premiums with respect to a Mortgage Loan or Home even if the Administrator has not received payments for such purposes from the mortgagor or has received advances from the Trustee for such payments. To the extent not previously reimbursed from the Suspense Account (see "FUNDS AND ACCOUNTS — Flow of Funds — Suspense Account "), the Trustee is to reimburse the Administrator for Advances from the Revenue Fund upon receipt from the Administrator of a certificate stating that the Administrator has, in good faith, incurred Advances, the 49 sum of all Advances pertaining to that Home, the fair market value of the Home, and the entitlement to reimbursement for such Advances; provided, however, the sum of all Advances incurred with respect to a Home is not to exceed its appraised fair market value. Any interest payable to a mortgagor for amounts on deposit in the Escrow Account or any other funds held by the Administrator, whether due to contractual agreement or operation of law, will be paid by the Administrator at the Administrator's sole expense. Insurance; Presentment of Claims The Administrator will make any and all claims against the carriers of the Mortgage Pool Insur- ance Policy, the Special Hazard Insurance Policy and under any Private Mortgage Insurance policy, FHA Insurance or VA Guaranty. See "INSURANCE" for a description of insurance policies that the Administrator will maintain or cause to be maintained with respect to the Mortgage Loans and Homes financed thereby. Foreclosure of Defaulted Mortgage Loans The Administrator will make every effort to effect arrangements to liquidate any Mortgage Loan delinquency. The Administrator must use its best efforts to meet with the mortgagor of a defaulted PMI /conventional Mortgage Loan. Before the 60th day in the case of PMI /conventional Mortgage Loans or the 90th day in the case of FHANVA Mortgage Loans from the due date of the earliest unpaid installment, the Administrator will determine whether to (1) foreclose or (2) allow a definite period for the mortgagor to bring the Mortgage Loan current or sell the Home to realize any equity or (3) take other appropriate action. Whenever a mortgagor is chronically delinquent in his or her payments on his or her Mortgage Loan and the Administrator has exhausted all reasonable means of inducing the mortgagor to pay on time, the Administrator is directed to favorably consider acceleration of the Mortgage Loan in accordance with its terms. Any proposal subsequently made by the mortgagor for reinstatement and payment of a lesser amount than the full amount of the Mortgage Loan will be considered by the Administrator. The Administrator is granted discretion to extend appropriate relief to mortgagors who encounter hardship and who are cooperative and have proper regard for their obligations if there is a reasonable expectation that the relief granted will result in bringing and maintaining the mortgagor's Mortgage Loan payments current and will assure that the applicable Mortgage Loan insurance is not jeopardized. The relief granted may include (i) giving the mortgagor a definite period in which to reinstate the Mortgage Loan by immediately commencing monthly payments in excess of the regularly, scheduled monthly payments, (ii) reducing or suspending the regular monthly payments for a specified period of time, or (iii) modifying the Mortgage Loan repayment provisions, which may not include an extension of the original maturity date beyond the final maturity date of the Bonds. The Administrator will not commence foreclosure proceedings until every reasonable effort has been made to arrive at a solution to the delinquency, as provided above. Once the Administrator determines, however, that no other course of action will cure the Mortgage Loan default, the Adminis- trator will promptly commence foreclosure proceedings. The Administrator will pay all legal fees of foreclosure counsel and then be reimbursed therefor, as Advances, by the Trustee from the Revenue Fund, if not collected from the defaulting mortgagor from the Liquidation Proceeds. If the mortgagor's funds in the Escrow Account are insufficient to pay taxes, insurance premiums and other expenses payable from the Escrow Account as they become due during foreclosure, the Administrator will advance funds for the payment of such expenses when and to the extent necessary to protect the Trustee's interest. Such Advances will be repaid by the Trustee from the Revenue Fund to the extent not recovered from Liquidation Proceeds. 50 At any foreclosure sale pursuant to a foreclosure by advertisement, the Administrator will, unless an insurer of the Mortgage Loan requires different instructions, bid a sum equal to the sum of the outstanding principal balance, accrued interest, costs of the foreclosure (including attorneys' fees permitted to be charged), installments of taxes and insurance paid by the Issuers, Trustee or Adminis- trator with interest thereon, and any other sums then recoverable by a mortgagor under Minnesota statutes pertaining to foreclosure and then in effect. If the Administrator's bid is the highest bid, it will then, unless the Home is to be conveyed to the insurer under a Private Mortgage Insurance policy, FHA, VA or the insurer under the Mortgage Pool Insurance Policy (see "INSURANCE "), sell the Home for (1) a cash price at least equal to the sum of the unpaid principal balance of the defaulted Mortgage Loan (plus additional items included in the foreclosure sale bid, if any), or (2) the fair market value of the Home, even if such value is less than (1) above. When, during foreclosure, the mortgagor offers to make full or partial payment of the delinquency, the Administrator should determine whether the foreclosure action should be suspended or should be dismissed and, if so, how any remaining delinquency will be cured. When no collections or insufficient collection of rent is made by the Administrator with respect to acquired Homes, amounts will be advanced by the Administrator in payment of taxes, special assess- ments, insurance premiums and other expenses when and to the extent necessary to protect the Trustee's interest. Such advances, together with other Liquidation Expenses, will be repaid by the Trustee from the Revenue Fund upon receipt of Liquidation Proceeds to the extent such Liquidation Proceeds are received. Request for Partial Release; Easements The Administrator will approve the partial release of real property securing a Mortgage Loan if the consideration received by the mortgagor is at least equal to the value of the property released and the reduction in the value of the remaining property does not exceed the amount of such consideration, provided the amount of such consideration is remitted to the Administrator for application as a Prepayment of the principal amount of the Mortgage Loan. The Administrator will consider requests other than the foregoing on a case -by -case basis. Waivers of Origination Agreement Defaults The Administrator may waive defaults in the performance or observance by an Originator of a covenant, agreement or duty under its Origination Agreement to the extent permitted under the Indenture. The Indenture permits the Administrator to, without consent of or notice to the Bondholders, in good faith waive any default in the performance of a covenant under any Origination Agreement by an Originator, if the Administrator certifies to the Trustee that, to the best of its knowledge and belief, such waiver will not materially impair the underlying security for any Mortgage Loan nor disqualify any Mortgage Loan from being an Eligible Mortgage Loan and is consistent with the provisions of the Indenture, the Administration Agreement and sound and prudent mortgage lending practices, as they may from time to time exist. Preparation of Reports Any transfer from the Suspense Account will be accompanied by a report by the Administrator listing (i) the various sources of all amounts transferred and (ii) that portion of the amounts transferred constituting principal, interest and Prepayments. As to each defaulted Mortgage Loan, the Administrator is to promptly furnish to the Trustee an Administrator's certificate stating the loan number of the defaulted Mortgage Loan and the unpaid principal amount. The Administrator is to, on a monthly basis, until all moneys in the Mortgage Loan Fund have been used to purchase Mortgage Loans, or until the amounts therein have been transferred to the 51 Special Redemption Account as provided in the Indenture, whichever is the earlier, report to the Issuers and the Trustee concerning origination and sale of Mortgage Loans, which reports will contain at least the following: (1) the number and amount of purchased Mortage Loans; (2) the number and amount of the Mortgage Loan Commitments from Originators; (3) the amount of funds used to purchase Mortgage Loans to the date of the report, and the amount of funds remaining; (4) the anticipated schedule of sale of Mortgage Loans to the Trustees; (5) characteristics of the mortgagors and the Homes as requested by the Issuers; (6) the number and principal balance of Mortgage Loans with respect to which there is any delinquency in excess of 30 days or a default; and (7) such other information as the Trustee may reasonably require. The Administrator, so long as any Purchased Mortgage Loan remains outstanding, is to report to the Trustee, on a quarterly basis, concerning servicing of the purchased Mortgage Loans, which reports are to contain the following: (1) the number and amount of purchased Mortgage Loans which are outstanding, and the aggregate principal amount outstanding on such purchased Mortgage Loans; (2) the number and amount of purchased Mortgage Loans which have been prepaid, together with any reasons offered for such prepayments; (3) the actions taken to exercise remedies against any Mortgagor; (4) the status of all outstanding insurance claims, whether made by a mortgagor or by the Administra- tor; (5) the number and amount of Mortgage Loans which are (i) 30 to 59 days delinquent, (ii) 60 to 89 days delinquent, (iii) over 90 days delinquent, and (iv) in foreclosure; and (6) such other information as the Trustee may reasonably require. Resignation The Administrator is not to resign from or assign the obligations and duties imposed on it by the Administration Agreement except upon a determination that its duties thereunder are no longer permissible under applicable law as a result of events wholly beyond the control of the Administrator, which is to be evidenced by an opinion of counsel to that effect. No such resignation is to be effective until a successor Administrator is selected as provided in the Administration Agreement. Trustee's Review of Administrator The Trustee will and the Issuers may review each of the Administrator's quarterly statements described above and compare the information therein as to the number of and principal balances of Mortgage Loans with respect to which there is any delinquency in excess of 30 days or default to the following information: (a) statistics compiled by the Mortgage Banker's Association of America for the most recent 12 -month period for which such statistics have been compiled concerning the average delinquency and default experience for mortgage loans similar to the Mortgage Loans in the area most immediate to or including the area of the Issuers for which such statistics are available; (b) statistics compiled by the Mortgage Banker's Association of America for the most recent monthly period for which such statistics have been compiled concerning the average delinquency and default experience for mortgage loans similar to the Mortgage Loans in the area most immediate to or including the area of the Issuers for which such statistics are available; and (c) the average delinquency and default experience of the Administrator with respect to the Mortgage Loans for the preceding three -year period. If the delinquency or default experience of the Administrator, as reflected in its quarterly reports, is for any three -month period in excess of any of the delinquency or default experiences described in (a), (b) or (c) above by two percent or more of the outstanding principal amount of the Mortgage Loans, the Trustee is to notify the Issuers and the Administrator of such excess and the Trustee or the Issuers may request to meet with the Administrator to determine the reason for such excess. If the Trustee or the Issuers are not reasonably satisfied after meeting with the Administrator that such excess can be corrected by the Administrator within a reasonable time or that such excess does not unreasonably impair the security of the Bondholders under the Indenture, the Trustee or the Issuers may terminate the Administration Agreement in the manner described under the caption "THE ADMINISTRATION AGREEMENT Termination" and pursue any of the remedies described under such caption. 52 Termination The following events may result in the Trustee's termination of the Administration Agreement: (1) If any of the representations of the Administrator contained in the Administration Agreement or in any other application, letter or certificate furnished to the Issuers proves to be untrue. (2) If default (including, but not limited to, a default determined to have occurred by the resignation of the Administrator (see "THE ADMINISTRATION AGREEMENT — Resigna- tion") is made in the performance or observance of any of the agreements, duties or covenants on the part of the Administrator in the Administration Agreement or in the Origination Agreements and the Administrator has not corrected the default within 60 days of the occurrence thereof. (3) If the Administrator is found, by a court of competent jurisdiction, to have been negligent in the performance or observance of any of its agreements, duties or covenants pursuant to the Administration Agreement or Origination Agreements or if it has willfully defaulted under any of such agreements or if the Administrator fails, with respect to any purchased Mortgage Loan, to observe, carry out and adhere to sound mortgage lending practice, as set forth in FHA, VA and FNMA/FHLMC lending" and servicing standards. (4) A decree or order of a court or agency or supervisory authority having jurisdiction in the premises for the appointment of a conservator or receiver or liquidator in any insolvency, readjust- ment of debt, marshalling of assets and liabilities or similar proceedings, or for the winding up or liquidation of its affairs, has been entered against the Administrator and such decree or order has remained in force undischarged or unstayed for a period of 60 days. (5) The Administrator consents to the appointment of a conservator or receiver or liquidator in any insolvency, readjustment of debt, marshalling of assets and liabilities or similar proceedings of or relating to the Administrator or of or relating to all or substantially all of its property. (6) The Administrator admits in writing its inability to pay its debts generally as they become due, files a petition to take advantage of any applicable insolvency or reorganization statute, makes an assignment for the benefit of its creditors, or voluntarily suspends payment of its obligations. (7) If the Trustee or the Issuers, after meeting with the Administrator pursuant to the provisions described under "THE ADMINISTRATION AGREEMENT - Trustee's Review of Administrator," is not reasonably satisfied (i) that the excess delinquency or default experience can be corrected by the Administrator within a reasonable time or (ii) that such excess does not unreasonably impair the security of the Bonds under the Indenture. (8) A petition in bankruptcy is filed by or against the Administrator under the United States Bankruptcy Code. If an Event of Default occurs, the Issuers, with the consent of the Trustee, or the Trustee on behalf of the Issuers, may proceed to terminate the Administration Agreement upon 15 days' written notice to the Administrator of such termination. The notice from the Issuers or the Trustee will recite that an Event of Default has occurred and specify the Event of Default. The Issuers are to select a substitute Administrator, but the Trustee or holders of 51% of the principal amount of the outstanding Bonds will have the right to approve or disapprove such selection. The Issuers are to notify the Administrator within 30 days of the identity of the institution or entity which will replace the Administrator as the new Administrator for the Program. Within 10 days after receiving such notice, the Administrator is to transfer to the new Administrator all books, records, accounts and other documents pertaining to the Program, and will be responsible for informing the new Administrator of any matters not contained in such books, records, accounts or other documents. In lieu of the foregoing procedure for terminating the Administration Agreement, at any time after three months after the end of the Delivery Period or six months following exhaustion of the Mortgage Loan Fund, whichever is earlier, if an Event of 53 Default occurs the Trustee may upon 30 days notice of termination to the Administrator require, pursuant to such notice, that all authority and power of the Administrator under the Administration Agreement and the Origination Agreements pass to and be vested in the Trustee. The Trustee may at any time after the assumption of such authority request the Authority to appoint a substitute Administrator. The Trustee may take whatever other action at law or in equity may appear necessary or desirable to collect the amounts then due and thereafter to become due under the Administration Agreement and to enforce performance and observance of any obligation, agreement or covenant of the Adminis- trator under the Administration Agreement. Reimbursement of Advances The Administrator may incur Advances for any purpose authorized by the Administration Agree- ment and may reimburse itself from the Suspense Account for all such Advances; provided, however, that the Administrator may not incur any Advance, or receive any reimbursement from amounts in the Suspense Account, attributable to Mortgage Loan principal or accrued but unpaid interest. The Trustee will reimburse the Administrator for Advances from the Revenue Fund (to the extent not previously reimbursed from the Suspense Account), upon receipt of a certificate of the Administrator stating that the Administrator has, in good faith, incurred such Advances, the sum of all Advances pertaining to a Home, the appraised value of the Home, and the entitlement to reimbursement for such Advances; provided, however, that the sum of all Advances incurred with respect to a Home may not exceed the appraised value of such Home, nor may sums in the Suspense Account or Revenue Fund be used to pay any Advances incurred if the Administrator is obligated to incur such Advances and is not entitled to reimbursement therefor. THE INDENTURE The following is a summary of certain provisions of the Indenture. The summary is qualified in its entirety by reference to the Indenture. Under the Indenture, the Co- Trustee will (i) perform all duties established thereunder which relate to the Moorhead Mortgage Loan Subaccount, (ii) invest the moneys of the Moorhead Mortgage Loan Subaccount under the Investment Agreement and (iii) assume the duties of Trustee if it resigns. Investment of Funds and Accounts The Trustee will invest or reinvest any moneys held by it in any fund or account created under the Indenture in Permitted Investments, which are defined in the Indenture as: (i) direct general obliga- tions of the United States of America; (ii) obligations, the payment of the principal of and interest on which, in the opinion of the Attorney General of the United States, is unconditionally guaranteed by the United States; (iii) bonds, debentures or notes issued by any of the following: Bank for Coopera- tives, Federal Financing Bank, Federal Land Banks, Federal Home Loan Banks, Federal Intermediate Credit Banks, Federal National Mortgage Association, Export - Import Bank of the United States, Student Loan Marketing Association, Farmers Home Administration Federal Home Loan Mortgage Corporation or Governmental National Mortgage Association or any other agency or corporation which has been or may hereafter be created by or pursuant to an Act of Congress of the United States as an agency or instrumentality of the United States; (iv) interest - bearing savings accounts and certificates of deposit of banks or savings and loan associations rated "AA" or better by Standard & Poor's Corporation; (v) repurchase agreements or similar banking arrangements from a bank, savings and loan or other financial institution which is rated "AA" or better by Standard & Poor's Corporation; (vi) shares in an investment company registered under the Federal Investment Company Act of 1940 whose shares are registered under the Federal Securities Act of 1933 and whose only investments are Permitted Investments described in clause (i) or (ii) above; and (vii) the Investment Agreement with an institution rated "AA" or better by Standard & Poor's Corporation (see "THE BONDS — Structure Assumptions "). 54 In investing such moneys, the Trustee is to follow prudent investment standards reasonably expected to produce the greatest investment yields. All income and profits on such investments is to be deposited as received in the Revenue Fund (except earnings to be deposited in the Excess Arbitrage Fund). Money in separate Funds and Accounts may be commingled for the purpose of investment or deposit. In the event that the total amount of funds deposited with the Trustee or Co- Trustee, other than funds invested under the Investment Agreement, in uninvested trust accounts and time deposits and under certificates of deposit or similar banking arrangements with other of its departments or those of its affiliated financial institutions (but excluding (i) any funds held by it in trust for the payment of particular Bonds, (ii) any funds held less than three working days pending investment or disbursement, (iii) Permitted Investments held by it in safekeeping, (iv) repurchase agreements for a term not exceeding 90 days, and (v) such amount of the deposits as is insured by federal deposit insurance) at any time exceeds 10% of the amount of its combined capital and surplus, then the amount of such deposited funds, in excess of this amount, will be continuously secured by the pledge and assignment of Permitted Investments having a market value equal at all times to said total amount of deposits. The Trustee or Co- Trustee may make any and all investments through its bond department or through the bond department of any financial institution which is an affiliate of the Trustee or Co- Trustee by the purchase of Permitted Investments owned by it in its individual capacity or any of its affiliates, and may sell to itself, or any of its affiliates, Permitted Investments held by it in any Fund or Account as the Trustee or Co- Trustee. The Trustee or Co- Trustee will not be liable or responsible for any loss resulting from an investment made in accordance with the Indenture. Discharge of Lien of Indenture If the Issuers pay or cause to be paid, or there shall be otherwise paid or provision for payment made, to or for the holders and owners of the Bonds the principal of and interest due or to become due on the Bonds at the times and in the manner stipulated in the Bonds, and shall pay or cause to be paid to the Trustees all sums of money due or to become due according to the provisions of the Indenture, then the estate and rights created by the Indenture will cease, determine and be void except with respect to moneys or securities held by the Trustee for the payment of the principal of and interest on the Bonds. Any Bond will be deemed to be paid within the meaning of the Indenture when payment of the principal of such Bond plus interest thereon to the due date thereof (i) has been made or caused to have been made in accordance with the terms thereof or (ii) has been provided for by irrevocably depositing with the Trustee in trust and exclusively for such payment (1) moneys sufficient to make such payment or (2) direct general obligations of, or obligations the principal of and interest on which are uncondi- tionally guaranteed by, the United States of America and not subject to redemption at the option of the issuer thereof, maturing or being subject to redemption at the option of the holder as to principal and interest in such amounts and at such times as will insure the availability of sufficient moneys to make such payment, and all necessary and proper fees, compensation and expenses of the Trustee pertaining to the Bonds with respect to which such deposit is made have been paid or the payment thereof provided for to the satisfaction of it. At such times as a Bond is deemed to be paid as aforesaid, it will no longer be secured by or entitled to the benefits of the Indenture, except for the purposes of registration and exchange of Bonds and any such payment from such moneys or obligations. Defaults and Remedies Any of the following events constitutes an "Event of Default" under the Indenture: (1) Default in the due and punctual payment of any interest on any Bond; (2) Default in the due and punctual payment of the principal of any Bond, whether at the stated maturity thereof or on any date fixed for redemption; or 55 (3) Default in the performance or observance of any other of the covenants, agreements or conditions on the part of the Issuers contained in the Indenture or in the Bonds and failure to remedy the same after notice pursuant to the Indenture. No default under (3) above will constitute an Event of Default until actual notice of such default by registered or certified mail or hand delivery is given to the Issuers and the Administrator by the Trustee or by the owners of not less than 25% in aggregate principal amount of all Bonds then outstanding and the Issuers and the Administrator have had 60 days after receipt of such notice to correct the default or cause the default to be corrected, and have not corrected the default or caused the default to be corrected within the applicable period; provided, however, if the default is such that it cannot be corrected within the applicable period, it will not constitute an Event of Default if corrective action is instituted by the Issuers or the Administrator within the applicable period and diligently pursued until the default is corrected. Upon the occurrence of an Event of Default, the Trustee may pursue any available remedy at law or in equity to enforce the payment of the principal of and interest on the Bonds then outstanding, including enforcement of any rights of the Issuers or the Trustee under the Origination Agreements or the Administration Agreement and may direct the Administrator to execute and deliver to the Trustee assignments of any Mortgages and Mortgage Loan Notes held by the Administrator and deeds to all property acquired and held by the Administrator upon foreclosure of Mortgages or otherwise acquired and held by the Administrator because of defaults by mortgagors with respect to Mortgage Loans. The Trustee may then take such action with respect to the Mortgage Loans as the Trustee deems necessary or appropriate and in the best interest of the Bondholders, subject to the terms of the Mortgage Loans,, including the sale of part or all of the Mortgage Loans. Upon the occurrence of an Event of Default the Trustee may also declare the principal of all Bonds to be due and payable immediately, by notice to the Issuers and the Administrator. (However, even following such a declaration the Bonds will remain payable solely from Revenues. Consequently, there may not be sufficient funds available to pay the Bonds in full either at the time of such declaration or later.) If an Event of Default has occurred, and if requested so to do by the holders of 25% in aggregate, principal amount of all Bonds then outstanding and indemnified as provided in the Indenture, the Trustee will be obligated to exercise such one or more of the rights and powers conferred by the Indenture, as the Trustee, being advised by counsel, deems most expedient in the interest of the Bondholders. The holders of a majority in aggregate principal amount of Bonds then outstanding will have the right, at any time during the continuance of an Event of Default, by an instrument or instruments in writing executed and delivered to the Trustee together with an indemnity as provided in the Indenture, to direct the time, method and place of conducting all proceedings to betaken in connection with the enforcement of the terms and conditions of the Indenture, or for the appointment of a receiver or any other proceedings thereunder, provided that such direction may not be otherwise than in accordance with the provisions of law and of the Indenture. Waivers of Events of Default The Trustee may at its discretion waive any Event of Default and its consequences, and will do so upon the written request of the holders of (a) more than two- thirds in aggregate principal amount of all the Bonds then outstanding in respect of which default in the payment of principal or interest, or both, exists, or (b) more than one -half in aggregate principal amount of all Bonds then outstanding in the case of any other default; provided, however, that there may not be waived (i) any default in the payment of the principal of any outstanding Bond at the date of maturity specified therein or (ii) any default in the payment when due of the interest on any outstanding Bond unless, prior to such waiver, all arrears of interest or all arrears of payments of principal then due, as the case may be, with interest on overdue principal and (if permitted by law) interest at the rate borne by such Bond, and all expenses of the Trustee in connection with such default have been paid or provided for, and in case of any such waiver, or in case any proceeding taken by the Trustee on account of any such default has been 56 discontinued or abandoned or determined adversely, then and in every such case the Issuers, the Trustee and the Bondholders will be restored to their former positions and rights under the Indenture, respectively, but no such waiver or rescission will extend to any subsequent or other default, or impair any right consequent thereon. Rights and Remedies of Bondholders No holder of any Bond will have any right to institute any suit, action or proceeding at law or in equity for the enforcement of the Indenture, unless (1) a default has occurred, (2) such default has become an Event of Default and the owners of not less than 25% in aggregate principal amount of ' Bonds then outstanding have made written request to the Trustee and have offered it reasonable opportunity either to proceed to exercise the powers granted in the Indenture or to institute such action, suit or proceeding in its own name, (3) such owners of Bonds have offered to the Trustee indemnity as provided in the Indenture, and (4) the Trustee for 60 days after receipt of such request and indemnification fails or refuses to exercise the rights and remedies granted, or to institute such action, suit or proceeding in its own name. All proceedings at law or in equity must be instituted, had and maintained in the manner provided in the Indenture and for the equal and ratable benefit of the owners of all Bonds then outstanding. However, nothing contained in the Indenture will affect or impair the right of any Bondholder to enforce the payment of the principal of and interest on any Bond at and after the maturity thereof, or the obligation of the Issuers to pay the principal of and interest on each of the Bonds to the respective holders thereof at the time, place, from the source and in the manner in the Bonds expressed. Supplemental Indentures The Issuers and the Trustees may, without the consent of, or notice to, any of the Bondholders, enter into such indenture or indentures supplemental to the Indenture as will not be inconsistent with the terms and provisions of the Indenture for any one or more of the following purposes: (1) To cure any ambiguity or formal defect or omission in the Indenture; (2) To grant to or confer upon the Trustees for the benefit of the Bondholders any additional benefits, rights, remedies, powers or authorities that may lawfully be granted to or conferred upon the Bondholders or the Trustees, or to make any change which, in the judgment of the Trustees, is not to the material prejudice of the Bondholders; (3) To subject to the Indenture additional revenues, properties or collateral; (4) To modify, amend or supplement the Indenture or any indenture supplemental thereto in such manner as to permit the qualification thereof under the Trust Indenture Act of 1939 or any similar federal statute hereafter in effect or to permit the qualification of the Bonds for sale under the securities laws of the United States of America or of any of the states of the United States of America, and, if they so determine, to add to the Indenture or any indenture supplemental thereto such other terms, conditions and provisions as may be permitted by said Trust Indenture Act of 1939 or similar federal statute; (5) To evidence the appointment of a separate or co- trustee or the succession of a new co- trustee or paying agent under the Indenture; or (6) To make other changes which, in the judgment of the Trustees, are not to the material prejudice of the Bondholders. Exclusive of supplemental indentures for the purposes set forth in the preceding paragraph, the holders of not less than two - thirds in aggregate principal amount of the Bonds then outstanding will have the right, from time to time, to consent to and approve the execution by the Issuers and the Trustees of any supplemental indenture or indentures deemed necessary and desirable by the Trustees for the purpose of modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in the Indenture or in any supplemental indenture; provided, however, that no supplemental indenture will permit, without the consent of the holders of all then outstanding 57 Bonds, (i) an extension of the maturity or mandatory sinking fund redemption date of the principal of or the interest on any Bond, or (ii) a reduction in the principal amount of any Bond or the rate of interest, or sinking fund redemption requirements, thereon, or (iii) a privilege or priority of any Bond or Bonds over any other Bond or Bonds, or (iv) a reduction in the aggregate principal amount of the Bonds required for consent to any such supplemental indenture, or (v) the creation of any lien other than a lien ratably securing all of the Bonds at any time outstanding, or (vi) any modification of the trusts, powers, rights, obligations, duties, remedies, immunities and privileges of the Trustee or Co- Trustee without the written consent of the Trustee or Co- Trustee, as the case may be. If the Administrator is not in default under the Administration Agreement, and an Originator is ' not in default under its Origination Agreement, at such time, a supplemental indenture will not become effective unless and until the Administrator and each such Originator have consented to the execution and delivery of such supplemental indenture. Amendment of Origination Agreements and Administration Agreement The Issuers and the Trustees may, without the consent of or notice to the Bondholders, consent to any amendment, change or modification of the Origination Agreements or the Administration Agree- ment as may be required (a) by the provisions of the Origination Agreements or the Administration Agreement or the Indenture, (b) for the purpose of curing any ambiguity or formal defect or omission, (c) so as to add additional rights acquired in accordance with the provisions of the Origination Agreements or the Administration Agreement, (d) to conform any terms and provisions of such Agreement to the requirements of federal or state law and regulations (including then pending federal law or regulations), or to sound and prudent mortgage lending standards, as they may from time to time exist, which in the judgment of the Administrator will not materially impair the underlying security for any Mortgage Loans or disqualify any Mortgage Loan from being an Eligible Mortgage Loan, or (e) in connection with any other change therein which, in the judgment of the Trustees, is not to the material prejudice of the Trustees or the holders of the Bonds. Except for amendments, changes or modifications provided for in the preceding paragraph, neither the Issuers nor the Trustees will consent to any amendment, change or modification of the Origination Agreements or the Administration Agreement without publication of notice and the written approval or consent of the holders of not less than two - thirds in aggregate principal amount of the Bonds at the time outstanding given and procured as provided in the Indenture. Nothing contained in h In t e denture will ermit or be p construed as permitting, a reduction of the aggregate rinci al g principal amount of Bonds the holders of which are required to consent to any amendment, change or modifica- tion of the Origination Agreements or the Administration Agreement, or a reduction in, or a postpone- ment of, the payments under the Origination Agreements or the Administration Agreement, without the consent of the holders of all of the Bonds then outstanding. UNDERWRITING Under a bond purchase agreement entered into between the Issuers and Miller & Schroeder Municipals, Inc., (the "Underwriter ") as representative of a group of underwriters, the Bonds are being purchased at % of the principal amount thereof (plus accrued interest) for reoffering by the Underwriter. The bond purchase agreement provides that the Underwriter will purchase all of the t � ! Bonds if any are purchased. The obligation of the Underwriter to accept delivery of the Bonds is subject to various conditions contained in the bond purchase agreement. The Underwriter intends to offer the Bonds to the public initially at the offering price set forth on the cover page of this Official Statement, which may subsequently change without any requirement of prior notice. The Underwriter may offer and sell the Bonds to certain dealers (including dealers depositing the Bonds into investment trusts) at prices lower than the public offering price. 58 Each Originator and the Administrator has agreed to indemnify the Issuers and the Underwriter against certain liabilities under the Federal securities laws with respect to statements concerning it contained in this Official Statement. TAX EXEMPTION Section 103A of the Internal Revenue Code of 1954, as amended ( "Section 103A "), provides that interest on obligations of a governmental unit issued to finance single - family residences is excludable from gross income for purposes of federal income taxation only if certain requirements are met with respect to the terms, amount and purpose of the obligations, the use of funds generated by the issuance of the obligations, the nature of the residence and the mortgage, and the eligibility of the borrower executing the mortgage. Section 103A requires that the issuer provide restrictions in all relevant documents to permit financing only in accordance with such requirements and that the issuer establish reasonable procedures to ensure compliance. Under Section 103A, the following requirements must be met with respect to each mortgage loan financed with the proceeds of an issue: (i) the residence being financed must reasonably be expected by the issuer to become the principal residence of the mortgagor within 60 days after the financing is provided, and must not be intended primarily or expected to be used in a trade or business, and may not be used as an investment property or as a recreational home; (ii) the mortgagor must have had no present ownership interest in his principal residence at any time during the three -year period prior to the date on. which the mortgage is executed; (iii) the acquisition cost of the residence must not exceed certain limitations set forth in Section 103A; (iv) proceeds may not be applied to acquire or replace an existing mortgage loan, except for the replacement of temporary initial financing; and (v) a mortgage loan may not be assumed unless requirements (i) -(iii) above are met. An issue of bonds is treated as meeting the mortgage eligibility requirements of Section 103A only if the issuer in good faith attempted to meet all of the mortgage eligibility requirements before the mortgages were executed and any failure to comply with the mortgage eligibility requirements is corrected within a reasonable period after such failure is first discovered. In addition, 95% or more of the proceeds of the issue used to make mortgage loans must have been used to finance residences which met all such requirements at the time the mortgage loans were executed. In determining whether 95% of the proceeds have been so used, the Issuers are entitled to rely on affidavits of the mortgagor and of the seller and on the mortgagor's income tax returns filed with the Internal Revenue Service for the three years preceding the date the mortgage is executed, even though the relevant information in such affidavits and returns should ultimately prove to be untrue, unless the Issuers or their agents know or have reason to believe that such information is false. The Issuers have included provisions in the Origination Agreements, the Administration Agree - ment and the Indenture and have established procedures (including receipt of certain affidavits and warranties from Originators, mortgagors and others respecting the Mortgage Loan eligibility require- ments) in order to ensure compliance with the mortgage loan eligibility requirements and other requirements relating to nonmortgage investments which must be met subsequent to the date of issuance of the Bonds. The exclusion from gross income of interest on the Bonds for purposes of State of Minnesota income taxation is dependent upon the exclusion of such interest from gross income for purposes of United States income taxation. Therefore, compliance with the foregoing requirements of Section 103A is a prerequisite to the exemption from State of Minnesota income taxation. In the opinion of Holmes & Graven, Chartered, Bond Counsel, assuming compliance with the foregoing requirements, under existing laws as presently enacted and construed, interest on the Bonds is not includable in gross income for purposes of United States and State of Minnesota income taxation (except for State of Minnesota corporate and bank excise taxes measured by income). 59 CERTAIN VERIFICATIONS Laventhol & Horwath, a firm of independent certified public accountants, upon delivery of the Bonds will deliver an opinion stating they have verified the mathematical accuracy of the computations relating to (a) the sufficiency of projected cash flow receipts and disbursements on the Mortgage Loans and funds held under the Indenture to pay the principal of and interest on the Bonds as set forth in the estimates and conclusions under the captions "THE BONDS — Structure Assumptions and "FUNDS AND ACCOUNTS" and (b) the actuarial yield on the Mortgage Loans and on the Bonds supporting the conclusion of Bond Counsel that the Bonds are not arbitrage bonds within the meaning of Section 103(c) and 103A of the Internal Revenue Code of 1954, as amended. OPINIONS Legal matters incident to the authorization and issuance of the Bonds are subject to the opinion of Holmes & Graven, Chartered, Bond Counsel. Copies of such opinion will be available at the time of the delivery of the Bonds. Certain legal matters will be passed upon for each of the Issuers by its counsel, for the Originators and the Administrator by their various counsels, and for the Underwriter and the Bank by Kutak Rock & Huie. RATING Standard & Poor's Corporation has given the Bonds the rating of " "* Such rating reflects only the view of such organization and an explanation of the significance of such rating may be obtained from Standard & Poor's Corporation, 25 Broadway, New York, New York 10014, telephone (212) 248 2525. There is no assurance that such rating will continue for any given period of time or that it will not be revised downward or withdrawn entirely by such rating agency, if in the judgment of such rating agency circumstances so warrant. Any such downward revision or withdrawal of such rating may have an adverse effect on the market price of the Bonds. J I *A double dagger ( + +) following the rating of the Bonds indicates that continuation of the rating by Standard & Poor's Corporation is contingent upon receipt by Standard & Poor's Corporation of final closing documentation confirming investment assumptions and cash flow schedules. 60 This Official Statement has been duly approved, executed and delivered by the Issuers. CITY OF BROOKLYN CENTER, MINNESOTA By Mayor CITY OF COLUMBIA HEIGHTS, MINNESOTA By Mayor CITY OF MOORHEAD, MINNESOTA By Mayor THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF ROBBINSDALE, MINNESOTA By Chairperson 61 DEFINITIONS The following are definitions of certain of the terms used in this Official Statement. "Act" means the laws under which the Bonds are issued and the Program is implemented, including particularly Minnesota Statutes, Chapter 462C, as heretofore and hereafter amended or supplemented. "Adjusted Gross Income" means Gross Income less $750 for each adult in the family, to a maxi- mum of two adults, and less $500 for each other Dependent in the family. "Administration Agreement" means the Program Administration and Servicing Agreement dated as of December 1, 1982 between the Issuers and the Administrator and accepted by the Trustee, and all amendments or supplements thereto. "Advances" mean the aggregate of advances made by the Administrator pursuant to and in accordance with the Origination Agreements or the Administration Agreement, as the case may be, to maintain Homes or Mortgage Loans or for hazard, mortgage or flood insurance, or for taxes or assessments, and for which the Administrator is to be and has not been reimbursed. "Authority" means The Housing and Redevelopment Authority in and for the City of Robbin- sdale, Minnesota, a public body corporate and politic under the laws of the State of Minnesota, or any successor to its functions. "Bondholder" or "holder of Bonds" or "owner of Bonds" means the registered owner of any Bond. "Bonds" means the Issuers' Single Family Mortgage Revenue Bonds, Series 1982 issued pursuant to the Joint Powers Act, the Act and the Indenture. "Bond Year" means the annual period commencing on December 1 and ending one year thereafter. "Builder- Developer" means any corporation, partnership or other entity in the business of con- structing and selling single - family residential units. "Builder- Developer Commitment" means a commitment made by an Originator to a Builder - Developer and approved by one of the cities of Brooklyn Center, Columbia Heights or Moorhead or the Authority to provide Qualified Mortgage Loan financing to prospective mortgagors purchasing Homes newly constructed by such Builder - Developer. "Builder- Developer Fee" means the fee charged by an Originator to a Builder- Developer for a Builder- Developer Commitment or a Resale Commitment. "Builder- Developer Mortgage Loan" means a Mortgage Loan made to a mortgagor as a result of a Builder- Developer Commitment or a Resale Commitment. "Cities" means the City of Brooklyn Center, Minnesota, the City of Columbia Heights, Minnesota, the City of Moorhead, Minnesota and the City of Robbinsdale, Minnesota, each a home rule city and a municipal corporation. "Closing" means any closing of a Mortgage Loan pursuant to which the Originator makes the proceeds of the Mortgage Loan available to the mortgagor. "Code" means the Internal Revenue Code of 1954, as amended, and the final or any temporary or proposed Treasury Regulations from time to time promulgated or proposed thereunder. "Commit or Commitment" means a binding written commitment of an Originator to provide a Mortgage Loan to a mortgagor, which commitment must take the form of a letter (i) similar to the type the Originator would ordinarily provide prospective home buyers in the Originator's normal lending practices, and (ii) committing a stated amount of money to a specific mortgagor for a stated period of time relating to a specific Home. 62 "Co- Trustees" or "Trustees" means the First Trust Company of Saint Paul ( "First Trust ") and the American National Bank and Trust Company, St. Paul, Minnesota ( "American National') when the Indenture requires the action or obligation of, or application to, both First Trust and American Trust. First Trust will perform all of the duties under the Indenture other than those specifically assigned to American National. Under the Indenture, American National will (i) perform all of the duties established by the Indenture which relate to the Moorhead Mortgage Loan Subaccount (includ- ing the purchase of Mortgage Loans originated in the City of Moorhead), (ii) invest the moneys of the Moorhead Mortgage Loan Subaccount under the Investment Agreement and (iii) assume the duties of First Trust in the event First Trust resigns as Trustee under the Indenture. "Debt Service Reserve Requirement" means, as of any date during the period when Bonds are outstanding, an amount equal to five percent multiplied by the par amount of the Bonds; provided that this amount shall not in any event exceed in any Bond Year an amount equal to 150% of the scheduled debt service on the Bonds for the current Bond Year. "Delivery Period" means the period during which the Issuers will purchase Mortgage Loans as described under the caption "THE ORIGINATION AGREEMENTS - Origination of Mortgage Loans." "Errors and Omissions Insurance Policy" means a standard form insurance policy, in form and substance required by FHLMC or FNMA, insuring against losses from errors or omissions in the conduct of a business. "FHA" means the Federal Housing Administration of the United States Department of Housing and Urban Development, an agency of the United States of America, or any successor to its functions. "FHA Insurance" means FHA mortgage insurance issued under Section 203(b) of the National Housing Act, as amended; and FHA mortgage insurance issued under any other section of the National Housing Act providing substantially the same insurance, other than Section 245, which the Adminis- trator approves. "FHA Insured" means insured under FHA Insurance. "FHLMC" its functions. MC means the Federal Home Loan Mortgage Corporation, or any successor to "Fidelity Bond" means a standard form fidelity bond in form and substance required by FHLMC or FNMA. "FNMA" means the Federal National Mortgage Association, or any successor to its functions. "Force Majeure" means any cause or event not reasonably within the control of an Originator or the Administrator, as the case may be, including, without limitation, the following: acts of God, strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or of the State of Minnesota or any of their departments, agencies or officials, or any civil or military authority; insurrections; riots; landslides; adverse weather conditions; earthquakes; fires; storms; droughts; floods, explosions; and breakage or accident to trans- mission wires, machinery, transmission pipes or canals; but "force majeure" shall not include the inability of an Originator to Commit, Close and deliver Mortgage Loans in accordance with the provisions of its Origination Agreement for any reason. "Gross Income" means gross annual income of all intended residents of the Home, from all sources and before taxes or withholding except for (1) the income of any person who will reside in the Home who is under 18 years of age or is a full -time student and who is related by blood, adoption, or marriage to a resident income recipient or his or her spouse and (ii) nonrecurring income, as determined by the Administrator. "Home" means the residential real property and improvements thereon securing a Mortgage Loan, constituting a private detached, owner- occupied, one -unit family dwelling, a townhouse or a condomin- ium (other than in Moorhead and Columbia Heights a condominium which has been converted to such 63 within 12 months prior to or any time after December 29, 1982 and in Robbinsdale a house on that City's scattered site project list) occupied or to be occupied by but one person or family alone, as a principal residence, containing complete living facilities and facilities functionally related and subordinate thereto, and located within the geographical boundaries of one of the Cities. The term "Home" does not include a mobile home or trailer, even if attached to a permanent foundation, or a cooperative apartment, nor shall "Home" include residential real property and improvements thereon which, pursuant to the zoning ordinances of the City in which the Home is located do not constitute a permitted use within the zoning district in which such real property and improvements are located. "Indenture" means the Indenture of Trust dated as of December 1, 1982 between the Issuers and the Trustees under which the Bonds are issued, as the same may be amended or supplemented from time to time by any supplemental indenture. "Investment Agreement" means the Investment Agreement dated December 29,1982 between and among the Issuers, the Trustee, the Co- Trustee and "Issuers" means, jointly, the City of Brooklyn Center, City of Columbia Heights and City of Moorhead, Minnesota and the Authority. "Joint Power Act" means Minnesota Statutes, Section 471.59 as heretofore or hereafter amended or supplemented. "Liquidation Proceeds" means amounts received by the Administrator in connection with a defaulted Mortgage Loan. "Mortgage" means a mortgage deed, deed of trust or other instrument securing a Mortgage Loan and constituting a first lien on the Home in which the mortgagor has a fee title interest, subject to certain permitted encumbrances. "Mortgage File" means the mortgage documents required to be delivered by an Originator to the Administrator at or before or within 60 days after the sale of the related Mortgage Loan and all other - documents customarily maintained in mortgage loan files by private institutional mortgage servicers. "Mortgage Loan" means an interest - bearing loan, secured by a mortgage, evidenced by a Mortgage Loan Note and purchased by the Issuers and recorded in the name of the Trustee under the Indenture. "Mortgage Loan Fund" means the fund by that name created pursuant to the Indenture from which moneys will be used to purchase Mortgage Loans. "Mortgage Loan Note" means the promissory note evidencing a Mortgage Loan. "Mortgage Pool Insurance Policy" means the mortgage pool insurance policy issued by Mortgage Guaranty Insurance Corporation and described herein under "INSURANCE" or any replacement policy or policies obtained by the Trustee pursuant to the Indenture. "Mortgage Submission Voucher" means the voucher describing a Mortgage Loan which is submit- ted by an Originator to the Trustee with a copy to the Administrator at or prior to the sale of such Mortgage Loan pursuant to an Origination Agreement. "Non -First Time Homebuyer" means a mortgagor who has had a Present Ownership Interest in a Principal Residence at any time during the three -year period prior to the date on which the Mortgage Loan Note is executed. Origination Agreement means a Mortgage Origination and Sale Agreement among the Issuers, the Administrator and an Originator and accepted by the Trustee, pursuant to which the Issuers will purchase Qualified Mortgage Loans from such Originator from the proceeds of the Bonds and other amounts on deposit in the Mortgage Loan Fund, as the same may be amended or supplemented from time to time in accordance with the provisions thereof. 64 "Pledged Savings Account" means the savings account established by a mortgagor with the Pledged Savings Account Depository in connection with a Pledged Savings Account Mortgage Loan, which savings account and the earnings thereon will be used to make payments on the Mortgage Loan during its first five or fewer years and which will be pledged by the mortgagor as security for the Pledged Savings Account Mortgage Loan. "Pledged Savings Account Depository" means The First National Bank of Saint Paul or any other financial institution appointed by the Trustee pursuant to the Indenture as the depository for the Pledged Savings Accounts and the Pledged Savings Account Suspense Account. ! "Pledged Savings Account Mortgage Loan" means a Mortgage, Loan originated pursuant to the TM Action! mortgage program of Mortgage Guaranty Insurance Corporation or the FLIP® mortgage program of FLIP Mortgage Corporation or any similar program approved by the Administrator, for which a portion of the principal and interest payments during a period no longer than the first five years of such Mortgage Loan will be paid from a Pledged Savings Account and which Mortgage Loan must be insured under Private Mortgage Insurance in an amount equal to ,100% of its outstanding principal balance. "Pledged Savings Account Security Agreement" means the Additional Security Agreement exe- cuted by a mortgagor and an Originator and the Pledged Savings Account Depository when a Pledged Savings Account Mortgage Loan is originated. "Pool Limit" means the aggregate limit of liability under the Mortgage Pool Insurance Policy and the Special Hazard Insurance Policy, which limit will be, for the Mortgage Pool Insurance Policy, an amount equal to 15% of the aggregate original principal balance of all Mortgage Loans which can be purchased by the Issuers; and for the Special Hazard Insurance Policy, one percent of the aggregate initial principal balance of all Mortgage Loans purchased by the Issuers or twice the original principal amount of the largest Mortgage Loan purchased by the Issuers, whichever is greater. "Prepayment" means any money received by the Trustee as a payment of principal on a Mortgage Loan in excess of the scheduled payments of principal then due or due within one month thereafter. "Present Ownership Interest in a Principal Residence" means any of the following interests in the owner's principal residence: (i) a fee simple interest; (ii) a joint tenancy, a tenancy in common or a tenancy by the entirety; (iii) a life estate; (iv) a contract for deed; or (v) an interest held in trust for the mortgagor (whether or not created by the mortgagor) that would constitute an ownership interest described in clause (i), (ii), (iii) or (iv) above if held directly by the mortgagor in the owner's principal residence. An ownership interest in a mobile home located in mobile home park on a leased lot, which mobile home is not permanently affixed to the real estate and is not taxed as real property does not constitute a Present Ownership Interest in a Principal Residence. "Principal Residence" means a residence which is not primarily intended to be used in a trade or business and will be the principal residence of the Mortgagor. For purposes of the preceding sentence, any use of a residence which does not qualify for a deduction allowable for certain expenses incurred in connection with the business use of a home under Section 280A of the Code will not be considered as a use in a trade or business. Except for certain owner- occupied residences described in paragraph (b)(6) of §6a.103A -1 of the regulations' under the Code, a residence more than 15 percent of the total area of which is reasonably expected to be used primarily in a trade or business is not the Principal Residence of the Mortgagor. Further, a residence used as an investment property or a recreational home is not the Principal Residence of the Mortgagor. "Private Mortgage Insurance" means private mortgage insurance for individual Mortgage Loans issued by either (1) Mortgage Guaranty Insurance Coporation, (2) Verex Assurance, Inc., (3) Ticor Mortgage Insurance Company, (4) PMI Mortgage Insurance Corporation, (5) United Guaranty Resi- dential Insurance Company of Iowa, (6) Tiger Investors Mortgage Insurance Company, (7) American Mortgage Insurance Company of North Carolina, (8) Republic Mortgage Insurance Company or 65 (9) any other insurer approved by the Administrator which is qualified or approved to provide insur- ance on mortgages eligible for purchase by either FNMA or FHLMC, the participation of which in the Program would not result in a lowering of the Standard & Poor's Corporation rating on the Bonds from the rating then applicable to the Bonds; provided that the Administrator from time to time may delete one or more of the companies listed in (1) through (8) above in accordance with the Administration Agreement if such company's participation in the Program would lead to a lowered rating on the Bonds. "Qualified Insurer" means (i) with respect to insurance on Mortgage Loans, any insurance com- pany qualified to provide Private Mortgage Insurance and (ii) with respect to hazard insurance, any insurance company acceptable to FNMA or FHLMC. "Qualified Mortgage Loan" means a Mortgage Loan conforming to the-requirements of the Origi- nation Agreements and the Indenture except to the extent any such requirements have been waived by the Administrator pursuant to the Administration Agreement. "Resale Commitment" means a commitment made by an Originator to a Builder - Developer, and approved by an Issuer, to provide Qualified Mortgage Loan financing to prospective mortgagors purchasing Homes owned and being vacated by persons purchasing single- family residential units constructed by such Builder - Developer within the Issuer. "Revenues" means all amounts received by the Trustee pursuant to the Origination Agreements, the Administration Agreements and the Indenture with respect to the Mortgage Loans, and the related Mortgages securing the Mortgage Loans, including Prepayments, Commitment Fees, Builder- Devel- oper Fees, the Cities' contribution, late delivery fees, rents, Hazard Insurance Proceeds, Liquidation Proceeds, repurchase price paid by an Originator for defective Mortgage Loans, the deferred program participation fee, investment earnings on amounts in the Funds and Accounts, charges and other cash income derived from or related to the Program, including without limitation payments of principal of and interest on Mortgage Loans (whether paid by or on behalf of the mortgagor), and other sums and amounts referred to in the Granting Clause of the Indenture but not including escrow payments, late fees, Servicing Fees, or any sums paid to the Administrator for servicing Mortgage Loans under the Administration Agreement prior to transfer to the Trustee as reimbursement for expenses incurred by the Administrator. "Servicing Fee" means a monthly fee in an amount equal to 1/12 of .300 of 1% of the unpaid principal balance of the Mortgage Loans. "Servicing Officer" means any officer of the Administrator involved in, or responsible for, the administration and servicing of the Mortgage Loans, whose name appears on a list of servicing officers furnished to the Issuers and the Trustee by the Administrator, as such list may from time to time be amended. "Sinking Fund Installment" means, with respect to any particular June 1 or December 1, the amount of money required by or pursuant to the Indenture to be paid by the Trustee on such date toward the mandatory sinking fund redemption of the Bonds maturing December 1, 2003 or Decem- ber 1, 2014. "Special Hazard Insurance Policy" means the special hazard insurance policy issued by MGIC Indemnity Corporation described under "INSURANCE" and insuring against losses due to coinsur- ance and physical hazards not covered in the State of Minnesota by a Standard Hazard Insurance Policy, or any replacement policy. j "Standard Hazard Insurance Policy" means a standard homeowner's fire insurance policy with extended coverage. "Target Mortgage Loan" means a Mortgage Loan made to a person whose Adjusted Gross Income exceeds the limits which would otherwise apply and is made to finance a Home located in an area of a 66 City (other than Brooklyn Center) constituting a redevelopment project, as defined in Minnesota Statutes, Section 462.421, Subd. 13 or a development district established pursuant to Minnesota statutes, Section 472A.03. "VA" means the Veterans Administration, an agency of the United States of America, or any successor to its functions. "VA Guaranteed" means guaranteed by the VA under the Serviceman's Readjustment Act of 1944, as amended. "VA Guaranty" means a guaranty by the VA under the Serviceman's Readjustment Act of 1944, as amended. 67 EXHIBIT A HOUSING MARKET INFORMATION FOR THE CITIES Brooklyn Center The following is a summary of residential home sales in the City of Brooklyn Center for the calendar years 1979, 1980, 1981 and 1982 obtained from the City of Brooklyn Center Assessor's Office. The first table excludes and the second table includes those sales where the purchase price exceeded r $96,000 for new Homes and $75,680 for Homes previously existing:* HOME SALES EXCLUDING THOSE IN EXCESS OF NONTARGET AREA PURCHASE PRICE LIMITS 1982 (through 1979 1980 1981 October 15) New Home Sales Number Sold .... ... ..... 47 42 14 -0- Amount of Sales ............... $ 3,017,400 $ 2,622,648 $ 924,084 -0 Average Price ................. $ 64,200 $ 62,444 $ 66,006 -0- Existing Home Sales Number Sold ................. 412 256 190 109 Amount of Sales ................ $23,265,640 $15,572,480 $12,282,930 $7,520,673 Average Price $ 56,470 $ 60,830 $ 64,647 $ 68,997 Total Number Sold ...... ... ... 459 298 204 109 Amount of Sales ................ $26,283,258 $18,194,986 $13,206,960 $7,520,673 Average Price ....... $ 57,262 $ 61,057 $ 64,740 $ 68,997 ALL HOME SALES 1982 (through 1979 1980 1981 } New Home Sales Number Sold ................. 49 44 14 -0- Amount of Sales ................ $ 3,145,800 $ 2,843,676 $ 924,084 -0- Average Price ................ $ 64,200 $ 64,629 $ 66,006 -0- Existing Home Sales Number Sold ................. 421 269 230 139 Amount of Sales ................ $24,106,881 $16,708,397 $15,582,040 $9,707,343 Average Price ................. $ 57,261 $ 62,113 $ 67,748 $ 69,837 Total Number Sold ................. 470 313 244 139 Amount of Sales ................ $27,346,950 $19,552,171 $16,506,112 $9,707,343 Average Price $ 58,185 $ 62,467 $ 67,648 $ 69,837 *Mortgage Loans maybe made for a Home with a purchase price not exceeding $96,000 in the case of other Homes which have not been previously occupied and $75,660 in the case of Homes which have been previously occupied. See the caption "THE MORTGAGE LOANS — Representations, Cove - nants and Warranties of the Originators Concerning Mortgage Loans"). There can be no assurance that the housing market in the City of Brooklyn Center during the Delivery Period will resemble that market during 1979 -1982. For example, a worsening of the current A -1 recession would adversely affect the housing market (as well as causing Mortgage Loan delinquencies and defaults to rise and probably causing conventional mortgage loan interest rates to fall). On the other hand, the availability of the Mortgage Loans at an interest rate lower than conventional rates may tend to attract homeowners to the City of Brooklyn Center who would otherwise purchase a home elsewhere in the metropolitan area. In the event that an insufficient amount of Mortgage Loans are originated in Brooklyn Center to use all amounts in the Brooklyn Center Mortgage Loan Subaccount, the remaining amounts in the Mortgage Loan Fund will be used to redeem Bonds, as described under "THE BONDS — Redemption Provisions — Special Mandatory Redemption." According to Bather- Ringrose- Wolsfeld- Jarvis - Gardner, Inc., din 1979 the following types and numbers of housing units existed within the City: Percent Type Number of Total Single- Family ............... ..... 7,187 64.50% Townhouse . ...... 220 2.00% Multifamily ........................ 3,673 33.00 Duplex Homes ...................... 52 00.50 11,132 100.00 Brooklyn Center participates in the Metropolitan Housing and Redevelopment Authority's Sec - tion 8 Rental Housing Assistance Program. Through this program, approximately 162 households receive assistance with their housing rent amounting to as much as three - quarters of their monthly income. There are approximately 107 "family" households and 55 "elderly" households participating in this program. The Section 8 Rental Housing Assistance Program also facilitates the construction of new units which are later rented to eligible persons at reduced rates. There are 41 such units existing in three developments in Brooklyn Center with 112 units planned for construction. Of this total, 131 will be townhouses and four will be duplexes. In addition to these units, there are 122 low -cost apartments in a high -rise residential structure located just south of City Hall. This building is privately owned, con- structed under the former H.U.D. Section 236 Mortgage Guarantee Program. Twelve of the units in this building have been specifically designed for the elderly and handicapped. Housing activities in the City are administered either by one of two public agencies the City of Brooklyn Center Housing and Redevelopment Authority (staffed by a housing administrative assistant from the City Manager's office) or the Metropolitan Housing and Redevelopment Authority. A -2 Columbia Heights The following is a summary of residential home sales in the City of Columbia Heights for the calendar years 1979,1980,1981 and 1982 obtained from the City of Columbia Heights Assessor's Office. The first table excludes and the second table includes those sales where the purchase price exceeds $96,000 for new Homes and $75,660 for Homes previously occupied *: HOME SALES EXCLUDING THOSE IN EXCESS OF NONTARGET AREA PURCHASE PRICE LIMITS 1982 (through 1979 1980 1981 October 15) New Home Sales Number Sold ................. 25 4 2 2 Amount of Sales ................ $ 1,807,850 $ 309,872 $ 133,900 $ 160,908 Average Price ................. 72,314 77,468 66,950 80,454 Existing Home Sales Number Sold ................. 329 168 102 76 Amount of Sales ................ $17,161,298 $ 9,051,504 $ 6,492,912 $4,463,024 Average Price ................. 52,162 53,878 63,656 58,724 Total Number Sold ................. 354 172 104 78 Amount of Sales ................ $18,969,090 $ 9,362,304 $ 6,626,808 $4,623,918 Average Price ................. 53,585 54,432 63,720 59,281 ALL HOME SALES 1982 (through 1979 1980 1981 October 15) New Home Sales Number Sold ................. 30 5 3 4 Amount of Sales ................ $ 2,350,080 $ 409,770 $ 238,401 $ 398,300 Average Price 78,336 81,954 79,467, $ 99,575 Existing Home Sales Number Sold ................. 348 178 132 93 Amount of Sales ................ $18,877,260 $ 9,944,682 $ 8,308,476 $6,030,306 Average Price ................. 54,245 55,869 62,943 64,842 Total Number Sold ................. 378 183 135 97 Amount of Sales ................ $21,227,346 $10,354,323 $ 8,546,850 $6,428,578 Average Price ................. 56,157 56,581 63,310 66,274 *Mortgage Loans may be made for a Home with a purchase price not exceeding $102,500 in the case of Homes subject to Target Mortgage Loans and which have not been previously occupied, $96,000 in the case of other Homes which have not been previously occupied and $75,660 in the case of Homes which have been previously occupied. See the caption "THE MORTGAGE LOANS - Representations, Covenants and Warranties of the Originators Concerning Mortgage Loans "). There can be no assurance that the housing market in the City of Columbia Heights during the Delivery Period will resemble that market during 1979 -1982. For example, a worsening of the current recession would adversely affect the housing market (as well as causing Mortgage Loan delinquencies and defaults to rise and probably causing conventional mortgage loan interest rates to fall). On the other hand, the availability of the Mortgage Loans at an interest rate lower than conventional rates may tend to attract home - owners to the City of Columbia Heights who would otherwise purchase a A -3 home elsewhere in the metropolitan area. in the event that an insufficient amount of Mortgage Loans are originated to use all amounts in the Mortgage Loan Fund, the remaining amounts in the Mortgage Loan Fund will be used to redeem Bonds, as described under "THE BONDS - Redemption Provi- sions — Special Mandatory Redemption." According to R. L. Polk, Columbia Heights Comprehensive Plan in 1980 the following types and numbers of housing units existed within the City: Percent Type Number of Total Single- Family ............... 5,036 68.40% Multi- Family .......... ....... 18.50 Duplex Homes . .... ......... 962 13.10 7,356 100.00 According to the City, approximately 1,305 of the housing units in the City were built before 1940, most are less than 30 years old and approximately one -tenth were built since 1970. Of the federal housing programs, the Section 8 Rental Assistance Payment Program has provided 92 units of affordable housing for low income residents in the City. The City contains an 84 -unit elderly Section 8 rental apartment building and a 101 -unit HUD apartment building for senior citizens as well as approximately five -235 units of single - family housing. Moorhead The following is a summary of residential home sales in the City of Moorhead for the calendar years 1979, 1980, 1981 and 1982 obtained from the City of Moorhead Assessor's Office. The first table excludes and the second table includes those sales where the purchase price exceeds $77,990 for new Homes and $62,590 for Homes previously occupied *: HOME SALES EXCLUDING THOSE IN EXCESS OF NONTARGET AREA PURCHASE PRICE LIMITS 1982 (through 1979 1980 1981 September 30) New Home Sales Number Sold ...... 113 55 34 28 Amount of Sales .... $ 6,468,459 $ 3,136,430 $ 2,181,032 $ 1,521,576 Average Price ...... $ 57,243 $ 57,026 $ 64,148 $ 54,342 Existing Home Sales Number Sold ... 418 331 183 186 Amount of Sales .... $19,370,120 $16,015,766 $ 7,986,669 $ 7,879,696 Average Price ...... $ 46,340 $ 48,386 $ 43,643 $ 44,771 Total Number Sold ...... 531 386 217 204 Amount of Sales .... $25,838,460 $19,152,162 $10,167,752 $ 9,401,340 Average Price ...... $ 48,660 $ 49,617 $ 46,856 $ 46,085 A -4 ALL HOME SALES 1979 1980 1981 1982 New Home Sales Number Sold ... 127 113 36 47 Amount of Sales $ 7,666,609 $ 7,355,057 $ 2,384,532 $ 2,916,679 Average Price ...... $ 60,367 $ 65,089 $ 66,237 $ 62,057 Existing Home Sales Number Sold ...... 491 360 234 230 Amount of Sales ... $23,426,101 $19,000,080 $11,830,806 $12,191,610 Average Price ...... $ 47,711 52,778 50,559 53,007 Total Number Sold ...... 618 473 270 277 Amount of Sales .. $31,092,816 $26,355,087 $14,215,230 $15,108,411 Average Price ...... $ 50,312 $ 55,719 $ 52,649 54,543 *Mortgage Loans may be made for a Home with a purchase price not exceeding $77,990 in the case of Homes subject to Target Mortgage Loans and which have not been previously occupied, $77,220 in the case of other Homes which have not been previously occupied and $62,590 in the case of Homes which have been previously occupied. (See "THE MORTGAGE LOANS - Representations, Covenants and Warranties of the Originators Concerning Mortgage Loans. ") There can be no assurance that the housing market in the City of Moorhead during the Delivery Period will resemble that market during 1979 -1982. For example, a worsening of the current recession would adversely affect the housing market (as well as causing Mortgage Loan delinquencies and defaults to rise and probably causing conventional mortgage loan interest rates to fall). On the other hand, the availability of the Mortgage Loans at an interest rate lower than conventional rates may tend to attract homeowners to the City of Moorhead who would otherwise purchase a home in Fargo, North Dakota. In the event that an insufficient amount of Mortgage Loans are originated to use all amounts in the Mortgage Loan Fund, the remaining amounts in the Mortgage Loan Fund will be used to redeem Bonds, as described under "THE BONDS — Redemption Provisions - Special Mandatory Redemption." According to the City, in 1980 the following types and numbers of housing units existed within the City: Percent Type Number of Total Single - Family ................. 5,570 51.98% Multifamily .................. 4,750 44.33% Mobile Homes ................. 395 3.69 10,715 100.00 According to the City, approximately 1,776 of the housing units in the City were built before 1939, most are less than 25 years old and approximately one - fourth were built since 1970. According to the City, the value of housing units between 1970 and 1980 increased sharply. Average construction costs for new houses increased by 120% from $26,600 to $58,500, excluding lots. About 74% of the single - family homes were under $25,000 in 1970 compared to 3% in 1980. The median value of single- family houses rose from $20,400 to $55,000 during this period. A -5 In September of 1979, the City of Moorhead issued $20,000,000 of Residential Mortgage Revenue Bonds. The following chart represents this issue: MOORHEAD PROGRAM STATISTICAL DATA* Low Income Basic Income High Income Number of loans ........... 197 108 55 Dollar Amount .......... $8,439,800* $5,268,950* $2,947,000* Average Age ............ 29.8 28.5 28.9 Average Family Size ......... 2.5 2.6 2.6 Average Gross Income ....... 16,990 21,221 25,353 Average Mortgage Amount ..... 42,842 48,787 53,595 Average Sale Price .......... 48,161 53,457 67,791 Average Appraised Value ...... 49,033 54,467 69,239 Sex of H/H Male ........ ...... .. 177 105 54 Female ................ 20 3 1 Type of Home Single Family .. 149 78 50 Duplex ................. 10 20 1 Townhouse .............. 19 6 4 Condominium ............ 19 4 0 Previous Residence Moorhead ........... 122 62 40 New to Moorhead .......... 75 46 15 Renter ................. 139 67 28 Owner ................. 58 41 27 Number of New Construction ... 60 52 54 Number of Existing ......... 137 54 1 Number of Rehabs 0 2 0 Type of Loan Conventional ............. 137 71 51 FHA .................. 43 26 2 VA ................... 17 11 2 *Dated as of July 29, 1982, and supplied by Banco Mortgage Company as Administrator /Servicer. I A -6 Robbinsdale The following is a summary of residential home sales in the City of Robbinsdale for the calendar years 1979, 1980, 1981 and 1982 obtained from the City of Robbinsdale Assessor's Office. The first table excludes and the second table includes those sales where the purchase price exceeded $96,000 for new Homes and $75,680 for Homes previously occupied *: HOME SALES EXCLUDING THOSE IN EXCESS OF NONTARGET AREA PURCHASE PRICE LIMITS 1982 (through 1979 1980 1981 October 15) New Home Sales Number Sold ............ 8 14 6 -0- Amount of Sales .......... $ 486,904 $ 759,500 $ 397,800 -0- Average Price ............ $ 60,863 $ 54,250 $ 66,300 -0- Existing Home Sales Number Sold ............ 263 183 150 54 Amount of Sales .......... $14,374,528 $10,527,807 $ 9,537,600 2,887,596 Average Price ............ $ 54,656 $ 57,529 $ 63,584 53,474 Total Number Sold .......... 271 197 156 54 Amount of Sales .......... $15,704,450 $11,411,422 $ 9,537,528 2,887,596 Average Price ............ $ 57,950 $ 57,926 $ 61,138 53,474 ALL HOME SALES 1982 (through 1979 1980 1981 October 15) New Home Sales Number Sold ............ 8 15 6 -0- Amount of Sales .......... $ 486,904 $ 888,495 $ 397,800 -0- Average Price ............ $ 60,863 $ 59,233 $ 66,300 -0- Existing Home Sales Number Sold ............ 272 199 175 62 Amount of Sales .......... $15,217,312 $11,836,520 $11,316,375 $4,069,866 - Average Price ............ $ 55,946 $ 59,480 $ 64,665 $ 65,643 Total Number Sold ............ 280 214 181 62 Amount of Sales .......... $15,704,360 $12,725,082 $11,714,139 $4,069,866 Average Price ............ $ 56,087 $ 59,463 $ 64,719 65,643 *Mortgage Loans may be made for a Home with a purchase price not exceeding $102,520 in the case of Homes subject to Target Mortgage Loans and which have not been previously occupied, $96,000 in the case of other Homes which have not been previously occupied and $75,680 in the case of Homes which have been previously occupied. See "THE MORTGAGE LOANS - Representations, Covenants and Warranties of the Originators Concerning Mortgage Loans." There can be no assurance that the housing market in the City of Robbinsdale during the Delivery Period will resemble that market during 1979 -1982. For example, a worsening of the current recession would adversely affect the housing market (as well as causing Mortgage Loan delinquencies and defaults to rise and probably causing conventional mortgage loan interest rates to fall). On the other hand, the availability of the Mortgage Loans at an interest rate lower than conventional rates may tend A -7 to attract homeowners to the City of Robbinsdale who would otherwise purchase a home elsewhere in the metropolitan area. In the event that an insufficient amount of Mortgage Loans are originated to use all amounts in the Mortgage Loan Fund, the remaining amounts in the Mortgage Loan Fund will be used to redeem Bonds, as described under "THE BONDS - Redemption Provisions - Special Mandatry Redemption." According to the U.S. Census, in 1977 the following types and numbers of housing units existed within the City: Percent 'type Number of Total Single- Family .................. 4,206 75.3% Two- Family ...... 568 10.2 Multi- Family .................. 810 14.5 5,584 100.0 A considerable portion of the City housing stock falls into low, moderate or modest cost price' ranges. Both 1977 assessor's and sales data show that approximately 84% of the City's owner - oriented housing is valued less than $45,000. From 1970 to 1977 the total housing stock in the City increased by 212 units, or 3.9 %. The greatest increase took place in multiple family units, which increased their share of total housing units from 12.2% in 1970 to 14.7% in 1977. However, the proportion of multiple family units in the City remains relatively low when compared to the region as a whole. As of 1977, 47% of all housing units located within the City were constructed prior to 1950. Only 3.85 were constructed after 1970. i A -8 EXHIBIT B GENERAL INFORMATION REGARDING THE CITIES Brooklyn Center General The City of Brooklyn Center is a suburb located in the extreme northwestern portion of the Minneapolis -St. Paul metropolitan area. According to the U.S. Bureau of the Census, the population of the City in 1960, 1970 and 1980 was 24,356, 35,173 and 31,230, respectively. According to the 1980 Census, the population of the entire Minneapolis -St. Paul Standard Metropolitan Statistical Area was 2,113,533. The City occupies over 5,434 acres, with about 87% of this land developed into urban uses. According to the City, the median age of residents of Brooklyn Center is 29 years as of 1980. Industry and Employment Brooklyn Center has a main shopping area known as Brookdale Shopping Center. The business district at Brookdale Shopping Center, one of the largest retail centers in the upper midwest, contains Dayton's Department Store, Donaldson's Department Store, a J. C. Penney's and a , Sears store. The stores located in this shopping district employ approximately 2,500 employees. According to the City, the City's tax base is nearly evenly divided between residental property (53 %) and commercial /industrial property (46 %). The City recently completed a $2 million Civic Center which includes City offices, a 300 -seat auditorium, an indoor /outdoor swimming pool, an exercise room and a game room. According to City officials, the City has not lost any major employers in the recent past. The following is a list of major employers in the City and the approximate number of employees employed by each: Number of Employer Product /Service Employees Dayton's Department Store 500 Donaldson's Department Store 500 J. C. Penney's Department Store 500 Sears Department Store 500 Medtronics Medical Components 450 Arctic Metal Products Snowmobile parts 250 Dale Tile Company Ceramic /accoustical tile 150 Ault, Inc. Autronic components manufacturing 110 Graw, Inc. Spray paint equipment 100 Hiawatha Rubber Co. Custom rubber molding 100 (Source: Minnesota Department of Economic Development and the City of Brooklyn Center.)` According to the Tax Research Division of the Minnesota Department of Revenue, the City had gross sales of $165,411,626 in 1981. As of October, 1982, the unemployment rate of the City was 6.7% of the total labor force. B -1 1 i Building Permits According to the City of Brooklyn Center, over the last seven years, the following building permits were issued by the City: TOTAL VALUATION OBTAINED FROM BUILDING PERMITS Number of Year Valuation Permits 1976 ............ ........... .. $ 3,786,638.00 568 1977 ............................. 6,228,087.00 566 1978 ....... .... 13,578,901.00 818 1979 .. .. ...................... 13,081,520.00 606 1980 ............................ 17,454,690.00 563 1981 ........................... 16,190,205.00 518 1982 (October 18, 1982) ................. 4,513,869.00 398 TOTAL ...................... $74,833,910.00 4,037 TOTAL VALUATION OBTAINED FROM RESIDENTIAL BUILDING PERMITS 1976 ............................ $ 2,906,633.00 455 1977 .......................... 3,769,247.00 440 1978 ............................ 8,327,970.00 714 1979 ............................ 4,873,926.00 404 1980 4,900,390.00 452 1981 ............................ 3,263,255.00 418 1982 (October 18, 1982) ................. 1,986,669.00 350 TOTAL ........................ $30,028,090.00 3,233 Deposits in Financial Institutions The following is a list of average deposits for 1982 in financial institutions serving the City: Demand Financial Institution Time Deposits Deposits Total* First Brookdale Bank ........... $18,548,000 $10,391,000 $28,939,000 Summit State Bank ............ 2,608,000 1,862,000 4,470,000 Midwest Federal Bank .......... 50,902,000 707,000 51,609,000 F & M Marquette National Bank .... 23,210,000 1,747,000 24,957,000 First Federal Savings & Loan Association ................. 40 128 00 • 0 971 ,000 41,099,000 Twin City Federal Savings and Loan Association ................. 33,461,000 1,657,000 35,118,000 *Dated as of October 31, 1982. Transportation Two highways, State Highway 100 and State highway 152, serve the City with major north and south routes, while Interstate 694 runs east and west through the City. Additionally, Interstate 94 is scheduled to be completed by the end of 1982 and will provide the City with freeway access to downtown Minneapolis with a travel time of approximately eight minutes. Bus service is presently provided in Brooklyn Center by the Metropolitan Transit Commission. Airport facilities for private and charter planes are located ad to the City (Crystal Airport) J ) and Y Y P the Minneapolis /St. Paul International Airport is an approximate 30- minute drive from the City. B -2 Public Utilities The municipal water system consists of seven wells. The water system has a pumping capacity of 10,600 gallons per minute and an average demand of 3.24 million gallons per day. Sewage lines and water treatment facilities are the responsibility of the Metropolitan Waste Control Commission. Addi- tional utilities serving the City are Northern States Power Company (electricity), Minnesota Gas Company and Northwestern Bell Telephone Company. Health and Educational Facilities There are nine churches, 288 acres of developed park land, one nursing home, two medical clinics, one dental clinic, a group health center and numerous physician, dentist and chiropractic offices. In addition to the medical and dental clinics located within the City, North Memorial Medical Center, located in Robbinsdale, is a metropolitan medical facility serving north Minneapolis and the north- western suburbs and is located 3 /z miles from the City boundary. The Center has 546 beds and employs approximately 2,000 persons. One public elementary school and one public junior/ senior high school are located within the City. Additionally, three other independent school districts serve the City, maintaining a total of five schools in Brooklyn Center. Based on 1970 census data, adults of the City have completed a median of 12.6 years of schooling. Income Data According to the U.S. Census Bureau, the per capita income for the City of Brooklyn Center in 1977 was $6,130. Columbia Heights C General The City of Columbia Heights is a suburb located in the northwestern portion of the Minneapolis- St. Paul metropolitan area. According to the U.S. Bureau of the Census, the population of the City in 1960, 1970 and 1980 was 17,533 23,997 and 20,029, respectively. According to the 1980 Census, the population of the entire Minneapolis -St. Paul Standard Metropolitan Statistical Area was 2,113,533. The City occupies over 2,250 acres, with about 94% of this land developed into urban uses. According to the City, the median age of residents of the City in 1980 was 31.0 years. Industry and Employment There is considerable industry within the City of Columbia Heights and its environs and the City has the highest percentage of blue collar workers of the 21 fully developed communities in the Minneapolis -St. Paul area. The following is a list of major employers in the City and the approximate number of employees employed by each: Number of Employer Employees Minneapolis Electric Steel Casting ................. 503 School District #13 .......................... 400 Honeywell ............................... 212 Cir -Tech, Inc . ............................. 182 City of Columbia Heights ...................... 116 K- Mart .. ............................... 65 Cargill .. ............................... 63 Grief Brothers ............................. 50 Abex.... ............................... 41 H. B. Fuller .............................. 33 (Source: 1979 Survey conducted by Columbia Heights HRA.) B -3 J Based upon the 1980 annual reports of the Minnesota Commissioner of Revenue, the City had gross sales of $19,629,744 in 1980 and $22,940,071 in 1981. As of October, 1982, the unemployment rate of the City was 6.7% of the total labor force. Building Permits According to the City of Columbia Heights, over the last seven years, the following building permits were issued by the City: Permit Total Valuation 1976 .. ................ ....... 595 3,412,415 1977 .................... .... 658 4,701,644 1978 ......................... 687 6,996,678 1979 663 3,316,115 1980 ......................... 555 - 3,264,460 1981 ......... ... 607 8,822,479 1982 9/30/82 ..................... 424 13,113,887 Deposits in Financial Institutions The following is a list of average deposits for 1982 in financial institutions serving the City: Demand Financial Institution Time Deposits Deposits Total* First Bank Security ........ $ 3,094,000 $ 998,000 $ 4,092,000 First Federal Savings and Loan Association ........ 30,605,000 497,000 31,102,000 Marquette State Bank ... 32,622,000 10,210,000 42,832,000 *Dated as of October 31, 1982. Transportation Two highways, State Highway 65 and State Highway 47, serve the City as North /South routes while Interstate 694 runs East/West across the northern edge of the City. Bus service is presently provided in the City by the Metropolitan Transit Commission. No airport facilities are located within the City although the Minneapolis -St. Paul International Airport is within a 30- minute drive of the City. Public Utilities The City operates its own municipal water system and purchases, by contract, all of its treated water from the City of Minneapolis. The City of Columbia Heights also operates and maintains its own sanitary and storm sewer system with the treatment of wastewater handled by the Metropolitan Wastewater Control Commis- sion. Additional utilities serving the City are Northern States Power Company (electricity), Minnesota Gas Company and Northwestern Bell Telephone Company. Health and Educational Facilities . There are 10 churches, fourteen City parks, one nursing home, three medical clinics (serviced by 12 medical doctors) and numerous physician, dentist and chiropractic offices. North Memorial Medical Center, located in nearby Robbinsdale, is a metropolitan medical facility serving north Minneapolis and the northwestern suburbs. The Center has 546 beds and employs approximately 2,000 persons. In addition, the twin cities metropolitan area has numerous health care facilities, with doctors represent - ing all branches of medicine. B -4 Independent School District #13 serves the City and maintains three elementary schools, one middle school and one high school. Student enrollment during the 1980 -81 school year was nearly 5,000 students. Income Data According to the U.S. Census Bureau, the per capita income for the City of Columbia Heights in 1977 was $6,034. According to the City, the 1979 median household income for the City was estimated to be $23,821. Moorhead General The City of Moorhead, incorporated in 1881, is located in the extreme western portion of Minne- sota, on the border with North Dakota and approximately 275 miles northwest of Minneapolis -St. Paul. It is the county seat of Clay County. The City has a present population of approximately 30,000 residents. According to the U.S. Bureau of the Census, the population of the City in 1960, 1970 and 1980 was 22,934, 29,687 and 29,998, respectively. According to the 1980 Census, the population of the entire Fargo- Moorhead Standard Metropolitan Statistical Area was 137,574. The City occupies over 6,073 acres, with about 95% of this land developed into urban uses. According to the City, the median age of residents was 23.8 years as of 1980. Industry and Employment The Moorhead economy is to a large extent based on agricultural support industries. The Fargo - Moorhead area is also a wholesale distribution center. The U.S. Bureau of the Census reports that in 1970, 19.9% of the Moorhead civilian labor force was employed in manufacturing, 28.5% in retail and wholesale trade and 11.3% in government. Property located within the City has had the following assessed valuations: General or Year Real Estate Personal Property 1974...... .......... $53,686,518 $1,495,497 1975 ........ .. ........ 55,794,349 1,447,251 1976 ...................... 63,136,611 1,494,809 1977 .. .................. 67,427,521 1,676,656 1978 ...................... 73,607,524 1,700,177 There is little or no industry in the City. Most of the land in the City is used for schools, shopping, churches, medical facilities and parks. According to City officials, the City has lost 50 businesses and added 82 businesses in the past five years. The following is a list of major employers in the City and the approximate number of employees employed by each: Number of Employer Employees American Crystal Sugar 800 Moorhead State University ..................... 700 Moorhead School District .. ................... 590 Concordia College ................... ...... 530 Saint Ansgar's Hospital .. 470 y City of Moorhead ..................... 2160 Eventide Nursing Home .. ........ .. .. 225 Source: Minnesota Department of Economic Development and the City. B -5 Based upon the 1980 annual reports of the Minnesota Commissioner of Revenue, the City had gross sales of $140,978,298 in 1980 and $168,321,749 in 1981. As of July 1982, the unemployment rate of the City was 6.7% of the total labor force. Building Permits According to the City of Moorhead, over the past seven years, the following building permits have been issued by the City: Total Building Permits Residential Building Permits No. of No. of Year Number Dollar Amount Permits Hsg. Units Dollar Amount 1976 532 $18,694,691 144 473 $11,015,173 1977 542 32,970,868 195 331 11,344,700 1978 445 18,644,200 152 331 11,949,700 1979 529 22,339,723 148 317 11,434,800 1980 386 12,516,400 53 152 5,593,700 1981 349 27,573,129* 10 63 2,025,850 1982 ** 227 6,098,148 13 83 2,680,000 *Includes 19.9 million for City's new Waste Water Treatment Plant. * *As of August 31, 1982. Deposits in Financial Institutions The following is a list of average deposits for 1982 in financial institutions serving the City: Total Savings Financial Institution Deposit *First National Bank in Moorhead ................. $99,266,000 *Moorhead State Bank ........................... 19,228,000 *American Bank & Trust Company of Moorhead 51,576,000 Midland Federal Savings & Loan Association .......... . 36,400,000 American Federal Savings & Loan Association ............ 8,500,000 ( *Source: Forum, April 26, 1982, Summary of Annual Report) Transportation Three state highways, Highway 10, Highway 231 and Highway 75, serve the City. Additionally, Interstate 94, which runs east /west, and Interstate 29, which runs north /south, serve the area. The City also contains two Burlington Northern rail lines which function primarily as freight carriers. Bus service is presently provided in the City along inter -city bus routes. No airport facilities are located within the City nor are any contemplated to be in the future. However, Hector Airport, located in adjacent Fargo, North Dakota, is serviced by three commercial airlines and two charter services. Public Utilities The municipal water system services the City with a nine - million - gallon pumping capacity. A new water treatment facility with a six- million -gallon capacity was recently built. Additional utilities serving the City are Northern States Power Company (electricity), Minnesota Gas Company and Northwestern Bell Telephone Company. Health, Recreational and Educational Facilities There are 27 churches, 14 City parks, two nursing homes of varying denominations (with a total of 279 beds), one hospital and numerous physician, dentist and chiropractic offices. Saint Ansgar's Hospital, located in the City, has 127 acute -care beds and 28 psychiatric -care beds. The Moorhead Health Care Center, with 84 beds, and the Eventide Lutheran Home, with 195 beds, are the two nursing facilities located in the City. Four other hospitals are located in Fargo. B -6 The City has two colleges, one vocational technical school, one senior high school, one junior high school, four elementary schools and three parochial schools: Total enrollment in these schools is approximately 3,660 (K through eighth grade) and 1,542 (ninth through twelfth grade). North Dakota State University College and two business schools are located in Fargo. For recreation there are five parks, a country club, a sports center, two public libraries and a sports arena located in the City. The City is served by two newspapers, 11 radio stations and a cable TV service. Income Data According to the U.S. Census Bureau, the per capita income for the City of Moorhead in 1977 was $5,355. According to the City, the 1980 average household income for the City was estimated to be $19,100. According to the City, this average household income was distributed as follows in 1980: $ 0 — 4,999 ................. 9.3% 5,000 — 9,999........ ..... 15.9 % 10,000 — 14,999 .............. . 14.2% 15,000 — 19,999 ................. 16.7% 20,000 — 24,999........ ....... 17.2% 25,000 + .................... 26.9% Robbinsdale f General The City of Robbinsdale is a suburb located in the northwestern portion of the Minneapolis - St. Paul metropolitan area. According to the U.S. Bureau of the Census, the population of the City in 1960, 1970 and 1980 was 16,381, 16,845 and 14,422, respectively. According to the 1980 Census, the population of the entire Minneapolis -St. Paul Standard Metropolitan Statistical Area was 2,113,533. The City of Robbinsdale occupies over 1,900 acres (approximately 2.9 square miles), with about 95% of this land developed into urban uses. According to the City, the median age of residents of Robbinsdale increased from 33.6 years in 1970 to 37.9 years in 1977. Industry and Employment Robbinsdale has three main shopping areas: Robin Center, West Broadway and the Montgomery Ward- Terrace Mall shopping area. The business district at Robin Center and West Broadway contains retail stores, service facilities, four banks, a United States Post Office and medical and dental offices. A shopping center in the area of Montgomery Ward and the Terrace Theatre was opened in 1980. It houses over 40 shops, a grocery store and restaurants, as well as a Montgomery Ward store and a theatre. There is little or no industry in Robbinsdale. Approximately 50% of the developed land is used for homes. The rest is used for schools, shopping, churches, medical facilities and parks. B -7 I I According to City officials, Robbinsdale has not lost or added any major industries in the past five years. The following is a list of major employers in the City and the approximate number of employees who reside in the City: Number of Number of Employees Employees Who Permanent and Are Residents of Business Part -Time Robbinsdale N. Memorial Medical Center ............ 2,000 not available. School District #281 .................. 1,573 944 Montgomery Ward ................... 235 110 First Robbinsdale State Bank ............ 116 16 City of Robbinsdale .................. 110 40 . Applebaum's Grocery Store .............. 100 63 Guaranty State Bank ............. 33 10 Oakdale Clinic ..................... 33 4 North Clinic ....................... 20 6 (Source: Minnesota Department of Economic Development and City of Robbinsdale.) Based upon the 1980 annual reports of the Minnesota Commissioner of Revenue, the City of Robbinsdale had gross sales of $29,194,078 in 1980 and $34,760,258 in 1981. As of October, 1982, the unemployment rate of the Minneapolis /St. Paul metropolitan area was 6.8% of the labor force. Building Permits According to the City of Robbinsdale, over the past five years, the following building permits have been issued by the City. Residential Building Permits Total Building Permits No. of Year Number Dollar Amount Permits Dollar Amount 1976 ............ 130 $2,080,000 334 $3,800,120 1977 .............. 29 1,068,120 370 2,232,992 1978 .............. 53 1,779,948 344 .. 2,622,265 1979 .............. 18 738,100 463 6,930,031 1980 .............. 17 869,300 367 2,515,625 1981 .............. 5 1,064,600 383 4,951,916 1982 (9/30/82/) ....... 5 412,900 254 5,192,198 Deposits in Financial Institutions The following is a list of average deposits for 1982 in financial institutions serving Robbinsdale: Demand Financial Insitution Time Deposits Deposits Total* Guaranty State Bank ............... $ 12,682,000 $ 7,116,000 $ 19,698,000 First Robbinsdale State Bank .......... 83,322,000 19,548,000 102,770,000 Twin City Federal Savings & Loan Association .................... 126,064,000 2,755,000 128,819,000 Midwest Federal Savings & Loan ........ 57,564,000 574,000 58,138,000 *Dated as of October 31, 1982. Transportation Two highways, Highway 100 and Highway 52, serve the City of Robbinsdale. The City also contains one rail facility which runs northwesterly through the City and functions primarily as a regional freight carrier. B -8 Bus service is presently provided in Robbinsdale by the Metropolitan Transit Commission. No airport facilities are located within the City nor are any contemplated to be in the future. Public Utilities The municipal water system consists of five wells, two elevated storage tanks and two ground -level storage tanks. Total storage capacity is 1.8 million gallons. The water system has a pumping capacity of 4,500 gallons per minute and an average demand of 1.9 million gallons per day. Sewerage lines and water treatment facilities are owned and operated by the City of Robbinsdale. Additional utilities serving the City are Northern States Power Company (electricity), Minnesota Gas Company and Northwestern Bell Telephone Company. Health and Educational Facilities There are 12 churches, nine City parks, two roadside parks, one nursing home, one hospital and numerous physician, dentist and chiropractic offices. North Memorial Medical Center, located in Robbinsdale, is a metropolitan medical facility serving north Minneapolis and the northwestern suburbs. The Center has 546 beds and employs approximately 2,000 persons. Suburban Public Health Nursing Service serves the community health nursing needs for Robbin- sdale residents. Crystal Lake Nursing Home offers professional nursing care, physical therapy and occupational therapy. One public elementary school and one private parochial elementary school are located in Robbin- sdale. Based on 1970 census data, approximately 67% of Robbinsdale residents are high school gradu- ates, with 12.4 median school years completed. Income Data According to the U.S. Bureau of the Census, the per capita income in the City of Robbinsdale in 1977 was $7,160. According to the City of Robbinsdale, the 1977 median household income for the City was estimated to be $16,000, a 46.3% increase over the 1970 figure. According to the City of Robbinsdale, this median income was distributed as follows in 1977: $ 0 - 4,999 .................. 6°10 5,000 — 5,999 .................. 4% 6,000 — 6,999 .................. 4% 7,000 — 7,999 .................. 3% 8,000 — 8,999 .................. 4% 9,000 — 11,999 .................. 1050 12,000 14,999 .................. 15% 15,000 — 16,999 .................. 11% 17,000 - 24,999 .................. 26% 25,000 + ..................... 19% B -9