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Home My WebLink About2013 11-25 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION November 25, 2013 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center November 25, 2013 AGENDA Informal Open Forum with City Council — 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation — 7 p.m. 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4.Roll Call 5.Flag Ceremony and Pledge of Allegiance —Boy Scout Troop 403 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.November 12,2013 — Study Session 2.November 12,2013 — Regular Session 3.November 18,2013 — Joint Work Session with Financial Commission b.Licenses c.Resolution Authorizing the Execution of a Cooperative Construction Agreement for Bridge Nos. 27038, 27038A, and 27038B Located on TH 100 at Brooklyn Boulevard (C.S.A.H. 152) Between the State of Minnesota (MnDOT) and the City of Brooklyn Center d. An Ordinance Vacating Part of the Street Easement (James Circle North) at 6405 and 6415 James Circle North, in Registered Land Survey Number 1482 (Denny's Restaurant and Days Inn Hotel) —Motion to call Public Hearing and set second reading for January 13, 2014. CITY COUNCIL AGENDA -2- November 25, 2013 e.2014 City Council Meeting Schedule f.Application and Permit for Temporary On-Sale Liquor License Submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for a Social Event to be Held February 15, 2014 7.Presentations/Proclamations/Recognitions/Donations —None. 8.Public Hearings —None. 9.Planning Commission Items a. Planning Commission Application No. 2013-020 Submitted by Gatlin Development Company. Request for Site and Building Plan Approval for Redevelopment of the Fulmer Brookdale Mall Food Court Area, Which is Part of the Shingle Creek Crossing Planned Unit Development (1300 Shingle Creek Crossing). The Planning Commission recommended approval of this application at its November 14, 2013, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2013-020 Submitted by Gatlin Development Company, Requesting the Approval of Site and Building Plan for Redevelopment of the Fonner Brookdale Mall Food Court Area, Which is Part of the Shingle Creek Crossing Planned Unit Development (1300 Shingle Creek Crossing) Requested Council Action: —Motion to adopt resolution. 10.Council Consideration Items a. Taxable General Obligation Tax Increment Bonds, Series 2013A and General Obligation Improvement Bonds, Series 2013B 1.Resolution Providing for the Issuance and Sale of $6,090,000 Taxable General Obligation Tax Increment Bonds, Series 2013A Requested Council Action: —Motion to adopt resolution. 2.Resolution Providing for the Issuance and Sale of $4,920,000 General Obligation Improvement Bonds, Series 2013B Requested Council Action: —Motion to adopt resolution. b. Consideration of 2014 Utility Rates 1. Resolution Adopting 2014 Water Utility Rates, Fees and Charges Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -3- November 25, 2013 2.Resolution Adopting 2014 Sewer Utility Rates, Fees and Charges Requested Council Action: —Motion to adopt resolution. 3.Resolution Adopting 2014 Storm Sewer Utility Rates, Fees and Charges Requested Council Action: —Motion to adopt resolution. 4.Resolution Adopting 2014 Street Light Rates and Charges Requested Council Action: —Motion to adopt resolution. 5.Resolution Establishing 2014 Recycling Rate and Charges Requested Council Action: —Motion to adopt resolution. c. Mayoral Appointment of Member to Serve on Housing Commission Requested Council Action: —Motion to ratify Mayoral nomination. 11.Council Report 12.Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION NOVEMBER 12, 2013 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Finance Director Greg Andrews, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Kleven asked, with regard to the October 28 2013, City Council meeting Informal Open Forum, whether Mr. Mark Carrell has been contacted by City staff to resolve issues regarding misuse of the bus shelter in his neighborhood. She added it might be a good idea to get input from other neighbors regarding a possible solution. City Manager Curt Boganey stated a letter of follow-up has been sent to Mr. Carrell by City staff, and Police Chief Kevin Benner spoke with Mr. Carrell at the October 28, 2013 meeting. He added he believes the staff has taken the appropriate actions to help address Mr. Carrell's concerns. Councilmember Ryan requested the following correction to the EDA minutes of October 28, 2013: Page 3, Section 4c, 4 th paragraph: Commissioner Ryan stated this application does not represent a financial obligation to the City. The grant funds are provided by DEED, the Minnesota Department of Employment and Economic Development, and pass from the state directly to the applicant, Sign Zone, but the City receives the economic benefit. Mayor Willson requested the following correction to the Regular Session minutes of October 28, 2013: page 9, 3 rd paragraph from bottom: Mayor Willson stated the Executive Director of Brooklyn Bridge Alliance for Youth will attend the National League of Cities' Annual Conference in Seattle, Washington from 11/12/13 -1- DRAFT November 13-16, 2013. Councilmember Myszkowski stated, with regard to the Regular Session Agenda Item 10d, the property owner is an organization called Neighborhood Youth Community Development. She requested more information on the purpose and structure of this organization. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning stated she is not familiar with the organization and its purpose. Councilmember Lawrence-Anderson stated, with regard to Regular Session Agenda Item 8a, page 8 of staff's memorandum, "medication" should be changed to "modification." Councilmember Lawrence-Anderson stated, with regard to EDA Agenda Item 4c, 2n d paragraph from bottom, change "201,2" to "2012,". MISCELLANEOUS Council's Second Regular Meeting in December Councilmember Kleven asked whether the City Council's second regular meeting in December 2013 would take place. She added the meeting falls on December 23, 2013. Mayor Willson stated the City Council has not met for the last meeting in December for quite some time. Fines Imposed for Garbage Burning Councilmember Kleven stated she has received phone calls from Brooklyn Center resident Shirley Cederberg regarding garbage burning in her neighborhood. She asked whether there is a fine since it is an illegal activity. Mr. Boganey stated there is no automatic fine, but the ordinance allows fines to be imposed. Councilmember Kleven asked whether staff had contacted Ms. Cederb erg. Mayor Willson stated the resident should report any garbage burning in her neighborhood to the police so that it will be documented as it occurs. Mr. l3oganey stated he would check to see if there is a standard protocol for this violation. Mayor Willson agreed that would be helpful information. Councilmember Kleven stated it would be good if staff could contact this resident, as she will continue to call Councilmember Kleven. The Mayor stated that he would contact Ms. Cederberg. E -Cigarette Shops Councilmember Lawrence-Anderson reviewed a Star Tribune article regarding the prevalence of e-cigarette smoking shops where people can go and smoke. She added this is attractive to teens and young people. She noted the City should consider some measures to regulate the future occurrence of these types of businesses. Star-Tribune Feature Article — Jerry Evans Councilmember Myszkowski stated the Star Tribune will be printing an article featuring Jerry Evans, Brooklyn Center resident who designed and built public seating benches in front of his home on Brooklyn Boulevard. 11/12/13 -2- DRAFT DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS There were no Work Session items to discuss. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Willson adjourned the Study Session at 6:32 p.m. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. ADJOURNMENT Councilmember Kleven moved and Councilmember Myszkowski seconded to adjourn the Study Session at 6:47 p.m. 11/12/13 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 12, 2013 CITY HALL — COUNCIL CHAMBERS 1.INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Finance Director Greg Andrews, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Ryan gave a reflection in memory of former Brooklyn Center Mayor Phil Cohen who died on November 3, 2013. The memorial service for Mr. Cohen last week was held at Brooklyn Center High School and was attended by many friends and loved ones. Mr. Cohen exemplified a commitment to lifelong public service. Councilmember Ryan read a series of quotes that were presented at the memorial service in honor of Mr. Cohen. He asked for a moment of silence in memory of "Mr. Brooklyn Center," Phil Cohen. 3. CALL TO ORDER REGULAR BUSINESS MEETING -1- DRAFT11/12/13 The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Finance Director Greg Andrews, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Kleven seconded to approve the Agenda and Consent Agenda as amended, with amendments to the Regular Session minutes and EDA Meeting minutes of October 28, 2013, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.October 21,2013 — Joint Work Session with Financial Commission 2.October 28,2013 — Study Session 3.October 28,2013 — Regular Session 4.October 28,2013 — Work Session 6b. LICENSES GARBAGE HAULER Jate Mies, Inc. MECHANICAL Cashion HVAC Services Dean's Professional Plumbing, Inc. Faircon Service Company JR Crew Enterprises, dba So Metro Plumbing RENTAL INITIAL (TYPE — one-year license) 1507 Humboldt Place N. INITIAL (TYPE — Iwo-year license) 2307-09 54th Avenue N. 3612 Commodore Drive 8289 Mississippi Boulevard, Coon Rapids 4148 Jansen Avenue NE, St. Michael 7400 Kirkwood Court N, Maple Grove 764 Vandalia Street, St. Paul 26148 Newton Circle, Elko Kyan (Jimmy) Hui James Johnson Natan Zadik — Invitation Homes 11/12/13 -2- DRAFT 5121 France Avenue N. 5230 Great View Avenue 5443 Logan Avenue N. RENEWAL (TYPE III— one-year license) 5937 Abbott Avenue N. 6936 Grimes Avenue N Missing two ARM meetings and CFHC 1537 Humboldt Place N. Missing two ARM meetings 4906 Zenith Avenue N. RENEWAL (TYPE — two-year license) 5137-39 France Avenue N. 7218 West River Road 5201 Drew Avenue N. 1513 Humboldt Place N. 1555 Humboldt Place N. 6342 June Avenue N. 3319 Mumford Road 7021 Unity Avenue N. 7156 Unity Avenue N. RENEWAL (TYPE I— three-year license) 5347-53 Brooklyn Boulevard 2100 55 th Avenue N. 3306 65 th Avenue N. 5412 70th Circle 5300 France Avenue N. 4201 Lakeside Avenue #117 5112 Paul Drive 6908 Unity Avenue N. Natan Zadik — Invitation Homes JDA Group LLC Kin Chew Mark Crost Pa Her ShoeMiller Properties LLC Philip Scaia Matthew May Arlene Johnson Ahmed Omar ShoeMiller Properties LLC ShoeMiller Properties LLC Dave Swartout William Coleman Geri Lynn Williams Michelle Shaffer Randall Cook Cindy and Raymond Scherbing Yahya Osman Swendia LLC Mounira Adam Becca Jones Ronald Martin Xingfu Chen SIGNHANGER Mathey Sign & Design 831 Coon Rapids Boulevard, Coon Rapids 6c.RESOLUTION NO. 2013-131 ESTABLISHING THE INTEREST RATE FOR 2014 SPECIAL ASSESSMENTS 6d.RESOLUTION NO. 2013-132 ESTABLISHING 2014 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES 6e. RESOLUTION NO. 2013-133 AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PARTICIPATION IN THE ROADSIDE ENHANCEMENT PARTNERSHIP PROGRAM FOR THE BROOKLYN BOULEVARD/HIGHWAY 100 BRIDGE RECONSTRUCTION PROJECT 11/12/13 -3- DRAFT BETWEEN HENNEPIN COUNTY AND THE CITY OF BROOKLYN CENTER Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS — None. 8.PUBLIC HEARINGS 8a. MODIFICATION TO THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1, AND MODIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 3, AND ADOPTING A MODIFIED TAX INCREMENT FINANCING PLAN THEREFOR City Manager Curt Boganey reviewed the proposed modifications. He introduced Tom Denaway of Springsted Incorporated, the City's financial consultants. Mr. Denaway gave a formal presentation to the City Council outlining the proposed Tax Increment Plan amendment. He added that TIF District #3 consists of three distinct areas within the Housing Development and Redevelopment Project No. 1. Mr. Denaway stated the adjustment of budget is being proposed to account for updated project costs as well as estimated revenue sources. He added the TIF plan creates the authority for future actions to be taken without undertaking the statutory process for modification, and allows for flexibility going forward. Mr. Denaway stated the proposed future projects for funding are a number of land purchases. He reviewed the parcels that are being considered for purchase: Lot 1, Block 1 Brookdale Square 2 nd Addition;. 6031 Brooklyn Boulevard; Lot 1, Block 1 Chrysler Motor 2" Addition; and 6245 Brooklyn Boulevard. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. There were no comments. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2013-134 APPROVING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND 11/12/13 -4- DRAFT REDEVELOPMENT PROJECT NO. 1, AND A MODIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 3, AND ADOPTING A MODIFIED TAX INCREMENT FINANCING PLAN THEREFOR Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adoption of RESOLUTION NO. 2013-134 Approving a Modification to the Redevelopment Plan for Housing Development and Redevelopment Project No. 1, and a Modification of Tax Increment Financing District No. 3, and Adopting a Modified Tax Increment Financing Plan Therefor. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2013-022 SUBMITTED BY AVIS-BUDGET GROUP. REQUEST FOR SPECIAL USE PERMIT APPROVAL TO ALLOW BUDGET RENTAL TRUCKS TO BE STORED AND LEASED FROM THE EXISTING AVIS AUTO RENTAL FACILITY, LOCATED IN THE SEARS AUTOMOTIVE CENTER BUILDING AND PROPERTIES. Director of Business and Development Gary Eitel provided an overview of Planning Commission Application No. 2013-022. He noted the City Council requested that staff present findings and a resolution to consider denial of the application. He noted the City Council had expressed concerns regarding the compatibility of this Special Use Permit with the overall PUD for the Shingle Creek Crossing site, and staff has provided findings for denial. City Attorney Charlie LeFevere stated that while the staff had prepared the resolution, the City Council could amend or expand it, as it is intended to be a reflection of the City Council's decision. Mayor Willson asked whether other vehicles parked in this parking area can be addressed under this same application. Mr. LeFevere stated it would be necessary to resolve that issue in a separate action. Councilmember Ryan expressed his support of the resolution as presented by staff, adding it expresses the sentiments and meets the expectations of the City Council. Mayor Willson and the rest of the City Council concurred. 1. RESOLUTION NO. 2013-135 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-022 SUBMITTED BY AVIS BUDGET GROUP, INC. FOR A SPECIAL USE PERMIT TO PARK AND LEASE BUDGET RENTAL TRUCKS AT THE AVIS RENT-A CAR/SEARS AUTOMOTIVE CENTER, LOCATED AT 1299 SHINGLE CREEK CROSSING (FORMERLY 1299 BROOKDALE CENTER) Councilmember Ryan moved and Councilmember Myszkowski seconded adoption of RESOLUTION NO. 2013-135 regarding the disposition of Planning Commission Application 11/12/13 -5- DRAFT No. 2013-022 Submitted by Avis-Budget Group, Inc. for a Special Use Permit to Park and Lease Budget Rental Trucks at the Avis Rent-A-Car/Sears Automotive Center, Located at 1200 Shingle Creek Crossing (Formerly 1299 Brookdale Center). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a.MAYORAL APPOINTMENT OF MEMBER TO SERVE ON PARK AND RECREATION COMMISSION Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to ratify the Mayoral nomination of Travis Bonovski, 5540 Emerson Avenue N., to the Park and Recreation Commission with term to expire December 31, 2016. Motion passed unanimously. 10b.RESOLUTION NO. 2013-136 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $4,920,000 GENERAL OBLIGATION BONDS, SERIES 2013B Mr. Boganey introduced the resolution that provides for issuance of general obligation bonds, which is typically done every two to three years by the City Council. These funds will reimburse the City for costs involved in the street reconstruction portion of the City's Redevelopment Plan. He introduced Interim Finance Director Greg Andrews. Mr. Andrews gave a brief presentation on the City's efforts to finance street and utility improvements, specifically three projects: Palmer Lake East neighborhood and Unity Avenue, both authorized by the City Council in 2011; and Kylawn Park area, authorized by the City Council in 2013. He reviewed the costs associated with each project. He noted the projects were financed using franchise fees, but assessments are still outstanding on the projects. Mr. David MacGillivray, Springsted Financial Consultants, reviewed the structure of the bonds sale, as well as timing and necessary Council action. He added the City Council's action sets a date for competitive bids to be taken. He noted the City currently has AA bond rating. Councilmember Ryan thanked Mr. Andrews and Mr. MacGillivray for their presentations. He asked whether the City's good bond rating is due to low general debt levels. He added additional funds are available as a result of the retirement of outstanding police and fire improvement bonds. Mr. MacGillivray stated the City's TIF financing is provided by general property taxes, which is favorable to credit ratings. Mayor Willson stated the available capital keeps the program moving forward. He stressed the importance of the City Council's work on infrastructure restoration. 11/12/13 -6- DRAFT Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded adoption of RESOLUTION NO. 2013-136 providing competitive negotiated sale of $4,920,000 General Obligation Improvement Bonds, Series 2013B. Motion passed unanimously. 10c.RESOLUTION NO. 2013-137 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $6,090,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2013A Mr. Eitel reviewed this item, related to the negotiated sale of bonds as discussed earlier, which allows for funding the acquisition of certain properties. He stressed that the challenges associated with the development of Brooklyn Boulevard in recent years will become significantly easier because of these acquisitions. Mayor Willson introduced Ms. Jenny Boulton, Associate with Kennedy & Graven and Legal Counsel for the City. Councilmember Ryan asked whether the TIF Districts would be in a position to retire in 2021 per statutory requirement. Ms. Boulton stated the project increment is more than sufficient using conservative estimates, and will be available for other projects, even with existing obligations. Mayor Willson stated the proposed Council as well as City staff has worked very hard over the past several years to stimulate redevelopment in this area. Councilmernber Myszkowski moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2013-137 providing competitive negotiated sale of $6,090,000 General Obligation Improvement Bonds, Series 2013A. Motion passed unanimously. 10d.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6713 COLFAX AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 6713 Colfax Avenue North was inspected and 15 property code violations were cited and ultimately corrected. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan and all applicable ordinances. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to open the public hearing at 8:04 p.m. 11/12/13 -7- DRAFT Motion passed unanimously. Donald Speese, the property owner, stated he would like the City Council to consider granting a one-year license since he only recently purchased the property, and he has corrected all the code violations. Mayor Willson stated there is a set process for consideration of rental licenses, and in any case, the property owner could request a review in 6 months, and potentially be considered for another type of license. Mr. Speese introduced the home's current occupants, the Reverend King and his wife Jacqueline King. Councilmember Myszkowski asked Mr. Speese for clarification regarding the nature of his organization, which is called Neighborhood Youth Community Development, and specifically the use of "youth" in the name. Mr. Speese stated his organization is a non-profit that buys properties for renovation and rental, but is not specifically linked to any youth organization. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the hearing at 8:10 p.m. Motion passed unanimously. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6713 Colfax Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10e. CONSIDERATION OF TYPE 1V 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5111 DREW AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5111 Drew Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 11. COUNCIL REPORT 11/12/13 -8- DRAFT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: •October 29, 2013, Latino Cultural Night at Brooklyn Center High School •October 29, 2013, Open House at 5610 Humboldt Avenue North, previously vacant home renovated by the City in partnership with Greater Metropolitan Housing Consortium. Funding provided by Federal Neighborhood Stabilization Program The City has rehabilitated 10-12 homes and plans to complete a total of 50 homes under this program. For more information, contact Building and Community Standards Dept. (763-569-3330) •November 1, 2013, Youth Homeless Initiative's Spaghetti Dinner •November 9, 2013, memorial service for former mayor Phil Cohen at Brooklyn Center High School Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: •October 29, 2013, Latino Cultural Night at Brooklyn Center High School •October 29, 2013, Open House at 5610 Humboldt Avenue North •October 30, 2013, Planning Commission meeting - cancelled due to lack of quorum •November 1, 2013, Youth Homeless Initiative's Spaghetti Dinner •November 2, 2013, Autism information meeting hosted by Brooklyn Center Police and the Minnesota Autism Center •November 3, 2013, Lions Waffle breakfast •November 4, 2013, Loaves and Fishes program at Lutheran Church of the Master - serving supper to over 100 people on Monday and Wednesday nights •November 6, 2013, Robbinsdale Middle School Spaghetti Dinner fundraiser •November 9, 2013, Odyssey School Health Fair and pancake breakfast •November 9, 2013, memorial service for Phil Cohen •November 12, 2013, Brooklyn Center Ladies Luncheon •November 15 and 16, 2013, Sportsnews Productions' Sports Collectibles Convention, Earl Brown Center. More information is available at www.sportsnewsshows.com •November 28, 2013, Happy Thanksgiving Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: •October 29, 2013, Latino Cultural Night at Brooklyn Center High School •October 29, 2013, Open House at 5610 Humboldt Avenue North •November 1, 2013, Youth Homeless Initiative's Spaghetti Dinner •November 3, 2013, Lions Waffle breakfast •November 5, 2013, voted in general election •November 9, 2013, memorial service for Phil Cohen •November 9, 2013, director Steve McQueen attended a viewing of his film "12 Years a Slave" at Regal Cinema •November 12, 2013, Achieve Mpls Education Partners Luncheon; guest speaker San Antonio Mayor Julian Castro: "Building Brainpower Cities" 11/12/13 -9- DRAFT Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: •October 29, 2013, visited with Phil Cohen at North Memorial Hospice •October 29, 2013, Open House at 5610 Humboldt Avenue North •November 1, 2013, Youth Homeless Initiative's Spaghetti Dinner •November 3, 2013, Lions Waffle breakfast •November 4, 2013, Brooklyn Center Business Association Executive Meeting •November 9, 2013, memorial service for Phil Cohen •November 30, 2013, Cub Foods Blood Drive, 10-4pm, all donors receive $5 Cub gift card and Red Cross t-shirt Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: •November 7, 2013, Meeting with Brooklyn Bridge Alliance for Youth Director Rebecca Gilgen. She will represent the organization in Seattle at the National League of Cities' Annual Conference (November 13-16, 2013) •November 9, 2013, memorial service for Phil Cohen, "Mr. Brooklyn Center" •November 11, 2013, met with owners of Mr. BBQ •November 11, 2013, began inoculations for upcoming trip to Liberia •November 11, 2013, spoke to Boy Scout Troop 430 at Cross of Glory Church: "what it means to be a good citizen" •November 15, 2013, visit to Earle Brown Elementary School with State Senator Chris Eaton, invited by fourth grade teacher Ms. Jody Vaillancourt to speak to her students about how government works •November 15, 2013, Liberian Dinner celebrating Liberian interests 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 8:30 p.m. Motion passed unanimously. 11/12/13 -10- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION NOVEMBER 18, 2013 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present: City Manager Curt Boganey, Building and Community Standards Director/Assistant City Manager Vickie Schleuning, Business and Development Director Gary Eitel, Community Activities, Recreation and Services Director Jim Glasoe, Interim Finance Director Greg Andrews, Fire Chief Lee Gatlin (arrived at 6:37 p.m.), Police Chief Kevin Benner, Public Works Director/City Engineer Steve Lillehaug, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Steve Landis, Rex Newman (arrived at 6:33 p.m.), Dan Schueller (arrived at 6:38 p.m.), and Dean Van Der Werf. Commissioner Patricia Glenn was absent and excused. City Manager Curt Boganey discussed tonight's meeting was to provide more detailed information regarding the operational levels from each department within the City. The Preliminary 2014 Budget that was presented in September remains the current proposed budget and same level of service; however, the monies allocated for the Fire Relief Association Pension will not be necessary because of recent information indicating that due to the current dollar amount in the City's Pension Fund, the $12,711 will not be needed. The Levy Limit maximum of $13,632,326 from the County indicates a 1.33 percent increase of a proposed Levy of $13,619,615 for 2014. The following General Fund reviews were presented with PowerPoints and outlined by each Department Head: Mayor and Council, Administration, Fiscal and Support Services, Police, Fire and Emergency Management, Buildings and Community Standards, Business and Development, Public Works, Community Activities and Recreation Services, and Other (which consisted of Legal, Joint Power Agreements, Convention and Tourism, Insurance, Central Supplies and Support, Reimbursement from Other Funds, and Transfers Out). MISCELLANEOUS There was discussion regarding the $100,000 allocation for the Amphitheater Funding and at this time no request has been received by the Amphitheater Committee. -1- DRAFT11/18/13 Councilmember Ryan will be attending the Metro Cities Annual Conference on November 20, 2013, and it was noted that the City Council had consensus they would be in favor of Councilmember Ryan voting on Legislative Policies. REMAINING ACTIONS City Manager Boganey reminded that the Budget Hearing will take place on December 2, 2013, and the Budget Adoption will be December 9, 2013. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded to adjourn the Work Session at 9:07 p.m. Motion passed unanimously. 11/18/13 -2- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: November 19, 2013 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its November 25, 2013. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. CHRISTMAS TREE SALES PQT Company dba Rum River Tree Farm 5040 Brooklyn Blvd MECHANICAL Swift Mechanical, Inc. 3404 Victoria Street N, Shoreview RENTAL See attached report. SIGN HANGER Fish and Labeau Signs, Inc. 9350 County Road 19, Corcoran Signcrafters Outdoor 2405 Annapolis Lane, Plymouth Mission: Ensuring an attractive, clean, safe, inclusive communi0 that enhances the quality of life for all people and preserves the public trust 1-2 units 3+ units• Type I — 3 Year Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit• Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Greater-di 035 but.nottnore than Greater than 4 but not more than 8 :Greater:than-1.5 butnotanore.than 3 Greater than 8 0-1 0-0.75 COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-08-10 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 .units 5 or more units Greate,r than 0.25 but not mole than 1 Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 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Z a) "-0 <...._ +.S-,-a) < Clia) 0 < c,_ro r-co < ,f2•- roi '') x0C a) ``.Q.)>. -0 toc- >< -0,co, on 0__,oCr) v)co uLn co a) co(r) W m 5CC ----. 0N -0 a.)>< 4L-0 +-,CoECV L1_ -00_oED2 a)>< CDCM. -, a.)><WC=•--, Q)> 0.)aj-1 <) ---‘+-,c _L.+)auCC < >••4-,-CD »< >••4-,-CD ai_r---LO r•-•.71-Lil LU .--1 0 (6 g,)VD ct 0)0 .71'NI r--.01 00CO3-IONNO 00 CU tr)0 ch ,-I Cr)NI ,I Cf-)0 CO 1---s-0_01VI COtO LC)Lr)1-0Lrl HIr--.Nci- (--1 LU co c_Lo I-coNLr-) 0_0zi-ooLc)00LO r•-•Lr)c()Lr)rx4r--.co(.0 or--.(-1r, ro >- rf) a)0_>••• City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM DATE: November 19, 2013 TO: Curt Boganey, City Manager ClAFROM: Steve Lillehaug, Director of Public Works/City Engineer - SUBJECT: Resolution Authorizing the Execution of a Cooperative Construction Agreement for Bridge Nos. 27038, 27038A and 27038B located on TH 100 at Brooklyn Boulevard (C.S.A.H. 152) Between the State of Minnesota Department of Transportation and the City of Brooklyn Center Recommendation: It is recommended that the City Council consider approval of the Cooperative Construction Agreement for Bridge Nos. 27038, 27038A and 27038B located on TH No. 100 at Brooklyn Boulevard (C.S.A.H. No. 152) between the State of Minnesota and the City of Brooklyn Center. Background: The Minnesota Department of Transportation (MnDOT) has programmed the redecking, approach panel replacement and other associated construction on the Highway 100 bridges located at Brooklyn Boulevard in 2014. On June 10, 2013, the Brooklyn Center City Council considered options pertaining to this bridge redeeking project, specifically the aesthetics, trail improvements and the City's funding participation. The City Council provided direction to proceed with the option that calls for participation by the City in the amount of $227,000. On November 12, 2013, the City Council authorized execution of an agreement for participation in Hennepin County's Roadside Enhancement Partnership Program. Under this agreement, the County will provide $25,400 of cost, leaving the remaining balance to be funded by the City in the amount of $201,600. MnDOT has prepared a Construction Cooperative Agreement that details the construction, funding, operation and maintenance responsibilities of each party. The agreement specifies that the City of Brooklyn Center will participate in the cost of project elements that are above and beyond the standard MnDOT bridge deck replacement improvements and aesthetic allotment. The City's responsibilities generally include maintaining the trails, streetscaping and street lighting improvements, similar to the agreement with MnDOT for the recent Highway 100 bridge project at Bass Lake Road and 57 th Avenue. Budget Issues: City project costs and revenues are anticipated as indicated in the resolution and agreement (see attached). Strategic Priorities: • Community Image Mission: Ensuring an attractive, clean, safe, inclusive community Oat enhances the quality of life for people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A COOPERATIVE CONSTRUCTION AGREEMENT FOR BRIDGE NOS. 27038, 27038A AND 27038B LOCATED ON TH 100 AT BROOKLYN BOULEVARD (C.S.A.H. 152) BETWEEN THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER WHEREAS, the State of Minnesota Department of Transportation ("MnDOT") has programmed the replacement of the Highway 100 (TH 100) bridge deck at C.S.A.H. 152 in 2014; and WHEREAS, the City of Brooklyn Center ("City") and MnDOT have been working cooperatively to include additional concurrent improvements with the standard bridge deck project including maintaining the trails on each side of the roadway, street lighting, aesthetic elements (decorative bridge railings, architectural stone surfacing, and other streetscaping elements) and other associated construction elements; and WHEREAS, the project is multi-jurisdictional, involving the MnDOT, Hennepin County and the City; and WHEREAS, MnDOT and the City desire to set forth their various construction, funding, operation and maintenance responsibilities in a Cooperative Construction Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The City of Brooklyn Center enter into MnDOT Agreement No. 04746 with the State of Minnesota Department of Transportation for the following purposes: To outline maintenance responsibilities and provide for payment by the City to the State for the City's share of the costs of the associated construction to be performed upon, along and adjacent to Trunk Highway 100 at Brooklyn Boulevard (C.S.A.H. 152) within the corporate City limits under State Project No. 2755-101. 2.The provisions of the draft Agreement are hereby accepted and approved, and the City Manager is hereby authorized and directed to execute a final Agreement, which must be in substantial conformance with the provisions of the Agreement attached hereto. RESOLUTION NO. 3. The City's total project cost is $227,000, and the funding source is Brooklyn Center's TIF District 2 ($201,600) and Hennepin County Roadway Enhancement Program Funding ($25,400): November 25, 2013 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Mn/DOT Contract No: 04746 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF BROOKLYN CENTER COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (S.P.): 2755-101 Trunk Highway Number (T.H.): 100=212 Lighting System Feed Point No. City Estimated Amount Receivable $227,000.00 This Agreement is between the State of Minnesota, acting through its!.Cerninissioner of Transportation ("State") and City of Brooldyn Center acting through its City Council ("City"). . Recitals ; 1.The State will perfoun re-decking, approach panell'eplacement and other associated construction on Bridges No. 27038, No. 27038A and No. 27038B located On Trunk Highway No. 100 at Brooklyn Boulevard (County State Aid Highway No 152) according to State prepared plans, specifications and special provisions designated by the State as State Project No 2755-101 (T .H. 100=212)("Project"); and 2.The State requests the City participate in a portion of the cOsts . for the aesthetic enhancement construction and the City is willing to participate in the costs of said construction and associated construction engineering; and . , 3. Minnesota Statutes § 161.20, subdivisiOn anthorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing,, maintaining and improving the trunk highway system. Agrpthnent 1.Term of Agreement; SurYiya.1 of Terins;.Plans Ll. Effective date. This Agreement will be effective dit the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2: 1.2. Expiration date.11iis Agreement will expire When all Obligations have been satisfactorily fulfilled. 1.3. SurviVtil of terms. All clauses whieh impose obligations continuing in their nature and which must survive in order to give effect to thent meaning will survive the expiration or termination of this Agreement, including, Without limitation;Ihe following clauses: 3. Maintenance by the City; 7. Liability; Worker Compensation Claims, 9. State Audits, 10. Government Data Practices; 11. Governing Law; Jurisdiction; Venue; and 13. FOree Majeure; 1.4. Plans, Specifications, Speciiil Provisions. Plans, specifications and special provisions designated by the State as State Project NO. 275.5:401 (T.H. 100=212) are on file in the office of the Commissioner of Transportation at St. Paul, 'Minnesota, and incorporated into this Agreement by reference. ("Project Plans") 2.Construction by the State 2.1. Contract Awani The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction, Supervision and Inspection of Construction. A. Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. Mn/DOT Contract No: 04746 B. Inspection by the Cit)). The City participation construction covered under this Agreement will be open to inspection by the City. If the City believes the City participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City participation construction covered under this Agreement. 2.3. Plan Changes, Additional Construction, Etc. A.The State will make changes in the Project Plans and contract construction, which may include the City participation construction covered under this Agreement, and will enter into any necessary addenda, change orders and supplemental agreements with the State's, cOritractor that are necessary to cause the contract construction to be performed and completed in a ,satisfactoly manner. B.The City may request additional work or changes to thê.vdrkin the plans as part of the construction contract. Such request will be made by an exchange ,of letter(s) with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project, the State will cause the additional work or plan changes to be made. C. The State reserves the right to invoice the City for the cost of any construCtion contract addenda and any additional City requested work and plan changes, including associated construction engineering, before the completion of the contract cOnstruction. 2.4. Satisfactory Completion of Contract. Tbe State will perforrii all other acts and functions necessary to cause the construction contract to be completed ina satisfactory manner. Acceptance by the State of the. , completed contract construction will be final, binding and conclusive upon the City as to the satisfactory completion of the contract Construction. 3. Maintenance by the 0.0.. Upon completion of the project, the City will provide the following without cost or expense to the State: 3.1. Sidewalk (Off Bridge): Maintenance of sidewalk construction on Brooklyn Boulevard, including stamped and colored Concrete sidewalk(if any) and pedestrian ramps on both sides. Maintenance includes, but is not limited to, snow and debris removal, patching, crack'repair, panel replacement, mowing grass boulevards (if:any) and any other maintenance activities according to City policies and accepted City maintenance practices necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. 3.2. Sidewalk - (Bridges No. 27038- A, No. 27038B and Approach Panels) Maintenance of the sidewalk on- Bridges No:.2703 8A and No..p 038B over the Trunk Highway, including approach panels. Maintenance includes snow and debris remoVal and any other maintenance activities according to City policies and accepted City maintenance practices necessary to perpetuate the budge and approach panel sidewalk in a safe, useable and aesthetically acceptable condition. 3.3. Bridges No. 27038, No.' 27038A and No. 27038B Lighting. Maintenance and ownership of the Bridges No. 27038, No. 27038A and No. 27038B ornamental lighting facilities construction. Maintenance includes but is not limited to; replacing faulty luminaries and knocked down or otherwise damaged poles; repairing or replacing underground facilities and wiring; repairing service cabinets, photocells, and all other miscellaneous hardware to keep the lighting facilities in working order; cleaning and re-lamping the luminaries; and if needed, painting the lighting facilities. The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the lighting facilities. As owner of the lighting facilities, the City will be responsible for all "Gopher State One Call" locates. -2- Mn/DOT Contract No: 04746 3.4. Bridges No. 27038, No. 27038A and No. 27038B Ornamental Railing. Maintenance and repair of Bridges No. 27038, No. 27038A, and No. 27038B ornamental railing construction. Maintenance and repair includes, but is not limited to, anchor and minor panel repair, painting and/or replacement of damaged ornamental metal railing panels and any other maintenance activities necessary to perpetuate the bridge ornamental railing in a safe, usable and aesthetically acceptable condition. 4. City Cost and Payment by the City. 4.1. City Cost. $227,000 is the City's full and complete lump sum cost for the aesthetic enhancements for Bridges No. 27038, No. 27038A and No. 27038B construction and associated construction engineering. 4.2. Conditions of Payment. The City will pay the State the full and complete lump sum amount after the following conditions have been met: A.Execution of this Agreement and transmittal to the City. B.Upon award of the construction contract and the City's receipt of a written request from the State for the advancement of funds. 5. Authorized Representatives Each party's Authorized Representative is responsible, for administering this Agi -eement and is authorized to give and receive any notice or demand required or permifted by this Agreement. 5.1. The State's Authorized Representative will be: Name/Title: Maryanne KellYz Sonnek, Municipal Agreements Engineer (or 'successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: maryanne.kellysonnek state mn us 5.2. The City's Authorized Representative will be: Name/Title: 'Stew Li Ileharig, City Engihcer Address: 6301 Shingle Creek ParkwaY; Brooklyn Center, MN 55430 Telephone: 763-56s9-3340 Fax : _ 763-569-3440 slillehang Ci;brooklyn-center,mn:u§ (or successor) 6. Assignment; Amendments; Waiver; Citi'act Complete 6.1. Assignment. Neither party May assign drlansfer any rights or obligations under this Agreement without the prior consent ofIthe other paq and a written assignment agreement, executed and approved by the same parties who executed and apprOVed this Agreement, or their successors in office. 6.2. Amendments. Any amendment .to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 6.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 6.4. Con' tract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. -3- Mn/DOT Contract No: 04746 7.Liability; Worker Compensation Claims 7.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 7.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 8.Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 9.State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's booksoeeords, documents, and accounting procedures and practices relevant to this Agreement are subject to exaMination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 10.Government Data Practices . ,The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as itlipplies to all data Created, collected, received, stored, used, maintained, or disseminated by the City undefthis Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the .cdata referred to in this clause by either the City or the State. 11.Governing Law; Jurisdiction; Venue Minnesota law governs the validity,. interpretation and enforcement of thiS Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the ap .prOpriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12.Termination; Suspension 12.1. By Mutual Agreement.l'Ilis Agreement may be terminated by mutual agreement of the parties. 12.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Oi other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of Contract construction under the Project. Termination must be by written or fax notice to the City 12.3. Suspension. In the event of akItal or partial government shutdown, the State may suspend this Agreement and all work, .activities and performance of work authorized through this Agreement. 13. Force Majeure Neither party will be resporisiblelelhe other for a faihire to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] Mn/DOT Contract No: 04746 CITY OF BROOKLYN CENTER The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: Title: Date: By: Title: )ate: DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: Approved By: (State Design Engineer) Date: COMMISSIONER OF ADMINISTRATION (With delegated authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM DATE: November 19, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: An Ordinance Vacating Part of the Street Easement (James Circle North) at 6405 and 6415 James Circle North, in Registered Land Survey Number 1482 (Denny's Restaurant and Days Inn Hotel) Recommendation: It is recommended that the City Council consider approval of an ordinance vacating a portion of the street easement within the properties located at 6405 and 6415 James Circle North (Denny's Restaurant and Days Inn Hotel). Background: In 1996 a portion of a street easement for James Circle North as described in Registered Land Survey 1482 was vacated by Ordinance No. 96-05 (see attached Exhibit A). Recently, the property owners of Denny's Restaurant were in the process of selling the property and the buyer required that the recital of the street on the Torrens certificate be removed. When the Hennepin County Examiner of Titles Office was contacted to remove the recital, they indicated that the resolution vacating the easement by the City contained some errors in the legal description and needed to be corrected. The County recommended a corrective resolution from the City be obtained and filed. The property owner's representative has provided a certified corrected legal description and depiction of the corrected easement vacation (see attached Exhibit B). A new, corrected ordinance for street vacation will suffice and meet the requirements of the County. Consistent with the City Charter, a first reading to establish a date for a second reading and public hearing to consider the proposed ordinance is requested for January 13, 2014. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Financial Stability lifission: Ensuring an attractive, clean, safe, inclusive conanunity that enhances the quality of life for all people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13 th day of January, 2014, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating a portion of the street easement within the properties located at 6405 and 6415 James Circle North. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING PART OF THE STREET EASEMENT (JAMES CIRCLE NORTH) AT 6405 AND 6415 JAMES CIRCLE NORTH, IN REGESTERED LAND SURVEY NUMBER 1482 (DENNY'S RESTAURANT AND DAYS INN HOTEL) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That part of a Street Easement in Registered Land Survey Number 1482, according to the plat on file and record thereof, Hennepin County, Minnesota, described as follows is hereby vacated: All that part of James Circle North, lying southerly and westerly of the following described line: Beginning at the northeast corner of Tract A, Registered Land Survey Number 1482 according to the records on file in the Office of the Registrar of Titles, Hennepin County, Minnesota: thence South 15 degrees 36 minutes 31 seconds West, an assumed bearing along the west right of way line of James Circle North, a distance of 54.50 feet; thence continuing along southerly extension of said west line, a distance of 62.91 feet; thence along a tangential curve to the east, having a central angle of 69 degrees 30 minutes 48 seconds and a radius of 85.00 feet, a distance of 103.13 feet to the intersection with the northerly extension of the east line of said Tract A; thence South 17 degrees 07 minutes 48 seconds West along said Northerly extension to the south right of way line said James Circle North and there terminating. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 13 th day of January, 2014. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) City Clerk DEC-05-2005 09:44 HENNEPIN -CTY-RECORDS E)Lori5i-f- A (1z) P.16/17 CITY;.OFBROOKLYN CENTER Notice is hereby given that a publk iiltr,ing wili be held on the 22nd day of April, 1996, it 7 p.m. or as soon thereafter as inayibe heard ethe City Rail. 6301 Shingle Creek Parkway, to consider vacating part of a street easement (lames Circle'llorth) in Registered Land Survey Number 1482. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements, ORDINANCE NO. 96:405 1oz4v.t Nia0: "A0 00 0: jr4 ki -.;f MINNESOTA CETY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section I. That part of a SU* Easement in Registered Land Survey Number 1482, according to the plat on file and of record thereof, Hennepin County, Mimiesota, deserted as follows is hereby vacated: All that part of Tames Circle North, to be vacated, lying southerly and westerly of the following described line: Beginning at the Northeast corner of 'Not A, Registered Land Survey Number 1482 according to the records on file in the Office of the Registrar of Titles, Hennepin County, Minnesota; thence Soilth 15 degrees 30 minutes 31 seconds West, an assumed bearing along the west right-of-way oiler= Circle North, a distance of 54.50 &et; thence coutinnlug on an extension of the westerly right -of-way of said Yams Circle North, a distance 4162.91 feet; thence along a tangential curve to the east, a distance of 131.24 feet having a central angle ofa degree,/ 27 minutes 53-worlds and a radius of 85:00 feet; therth South 17 degrees 07 minutes 48 seconds West, a distance of 17.74 feet toti the south right-of-way line of Imes Circle and there terminaling. Section 2. This ordinance glen be effective after adoption and thirty days following its legal publication. Adopted this l3thdayof t.sav p1996. ATTEST: Date of Publication April 3 f 1996 TRANSFER BITERS)HIMPINCOMY TAVAVeli atop= MAY 20 1996 Effective Date rotev !L 1996 :44 age,k5 'fa&gps MO. ,t A E0113 ri A (212) E.Y\kA EiTB ir HARRY S. JOHNSON - I LAND SURVEYORS Vacation Survey IN DENOTES AREA OF .P0 \--><_, Op -1' 4)(7X-77')I1C}A/SIONA, fe r k-4 •G'>, 0 Al a Si 47- tilvt 821?•4°LV "-'EAST LINE OF TRACT A,RLS NO. 1482 NORTHEAST CORNER OF i /--- 'Cs ---. j.......TRACT A, RLS NO. 1482-- ------ Z0* 0 co /40" tt"--/ 4 - tOSTREET VACATION „.4'(0.. 13--"T iN,_ --r 414. --I3--c\ 1 r\ I to 0,.i 1:.-3 v...0 k CI) ) 0 -, WEST RIGHT OF WAY LINE I OF JAMES CIRCLE NORTH-7, rs / \ I ■- fsJ J 1 \03 ( \ 6.3 I \ / ,.-"N I \/ ZO CD ■i ..-.1 (.-\) i 10 • i—)7A ---(r) O' ,- A 1i 0 --.... .....j I6-, (->)(- (-) / I I-NII". C \\ - ---1.--I-,\ -(> \ )cx % .........s.„ \ c) \\ ',A r- / .-- -) (/)`'6' 1_----1 °3:13r,. 4_ (- 0 / / . '.. / -)7 - - . I (-1 I 2, / 1 I ''., A I- -- 1 '6 c--) \• r` • D WEST AND SOUTH RIGHT OF WAY ,/ LINE OF JAMES CIRCLE NORTH-/ _yndale Ave. So. Bloomington, MN. 55420 phone: 952-884-5341 fax: 952-884-5344 POB DESCRIPTION OF JAMES CIRCLE NORTH TO BE VACATED All that part of James Circle North, lying southerly and westerly of the following described line: Beginning at the northeast corner of Tract A, Registered Land Survey Number 1482 according to the records on file in the Office of the Registrar of Titles, Hennepin County, Minnesota; thence South 15 degrees 36 minutes 31 seconds West, an assumed bearing along the west right of way line of James Circle North, a distance of 54.50 feet; thence continuing along southerly extension of said west line, a distance of 62.91 feet; thence along a tangential curve to the east, having a central angle of 69 degrees 30 minutes 48 seconds and a radius of 85.00 feet, a distance of 103.13 feet to the intersection with the northerly extension of the east line of said Tract A; thence South 17 degrees 07 minutes 48 seconds West along said Northerly extension to the south right of way line said James Circle North and there terminating.. I by certify that this survey, plan or report was prepared by me cp. Jer my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota./Z-6 X ,/.1 TKomas E. Hodorff, L.S. • N Reg. No. 23677Date: OCTOBER 23, 2013 City Council Agenda Item No. 6e City of Brooklyn Center DRAFT 11/20/2013 2014 City Council Meeting Schedule Regular City Council Meetings Council Chambers City Hall Study/Work Session 6:00 p.m. Informal Open Forum 6:45 p.m. Regular Session 7:00 p.m. Work Session immediately following (Continued) Regular Session Brooklyn Center City Council regularly meets the 2nd and 4th Monday each month, unless Monday is a holiday. January 13 January 27 February 10 February 24 March 10 March 24 April 14 April 28 May 12 May 27 (Tuesday) June 9 June 23 July 14 July 28 August 11 August 25 September 8 September 22 October 13 October 27 November 10 November 24 December 8 All dates are subject to change. Call City Hall at 763-569-3300 to verify dates and times. Strikethrough indicates meeting has been CANCELED. CC — Council Chambers located in upper level City Hall CR — Council/Commission Conference Room located in lower level City Hall CH — Constitution Hall located at Community Center EBHC — Earle Brown Heritage Center, 6155 Earle Brown Drive AA — All America Conference Room located in lower level City Hall Special City Council Meetings All dates are Monday unless otherwise noted. April 9 (Wednesday) 6:00 p.m. Joint Session w/Commissions CH April 21 7:00 p.m. Board of Appeal & Equalization CC May 5 6:00 p.m. Continued Board of Appeal & Equalization CC June 2 6:30 p.m. Work Session w/Auditor and Budget Work Session w/Financial Commission CC August 15 (Friday) 5:00 p.m. Canvass Returns of Primary Municipal Election November 10 5:45 p.m. Canvass Returns of General Municipal Election December 1 7:00 p.m. 2015 Budget Hearing CC City Council Agenda Item No. 6f COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk IVA 4/tadAk, DATE: November 20, 2013 SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for a Social Event to be Held February 15, 2014 Recommendation: It is recommended that the City Council consider approval of the application and pennit for temporary on-sale liquor license submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for a social event to be held February 15, 2014. Background: St. Alphonsus Church, 7025 Halifax Avenue North, has submitted an application and peimit for temporary on-sale liquor license for a social event to be held February 15, 2014. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Ounet, Alcohol & Gambling Enforcement Name of organization 1 Church of St Alphonsus Address 17025 Halifax Ave N Name of person making application 'Michelle Karlson Date(s) of event 1 02/15/2014 Organization officer's name Date organized Tax exempt number 12/28/1959 IES 32045 (MN) !Brooklyn Center City State Zip Code I Minnesota 155429 Business phone Home phone 1763-561-51001763-503-3389 Type of organization fl Club j Charitable >1---<- Religious f non-profit ZipCity State 55429Fr. Peter Connolly, C.Ss.R.Brooklyn Center Add New Office r.: 'Minnesota Location where permit will be used. If an outdoor area, describe. Parish Hall If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Catholic Mutual of Omaha APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT geobi(iibn Oemef-City /Ccuntyasi Date Approved City Fee Amount ..— 3 Date Fee Paid Permit Date Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the permit for the event. Page 1 of 1 City Council Agenda Item No. 9a COU C11 ITEM MEMORAND L M DATE: November 25, 2013 TO: Curt Boganey, City Manager FROM: v Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development A SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2013-020 Submitted by Gatlin Development Company, Requesting the Approval of Site and Building Plan for Redevelopment of the Former Brookdale Mall Food Court Area, Which is Part of the Shingle Creek Crossing Planned Unit Development (1300 Shingle Creek Crossing) Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the Resolution regarding the disposition of Planning Commission Application No. 2013-020 submitted by Gatlin Development Company, requesting the approval of Site and Building Plan for redevelopment of the former Brookdale Mall Food Court Area, which is part of the Shingle Creek Crossing Planned Unit Development (1300 Shingle Creek Crossing) Background: On November 14, 2013 the Planning Commission reviewed Planning Commission Application No. 2013-020 submitted by Loren Van Der Slik (For Gatlin Development Company) approving the Site and Building Plan for Redevelopment of the Former Brookdale Mall Food Court area, which is part of the Shingle Creek Crossing Planned Unit Development (1300 Shingle Creek Crossing). Attached for review is Planning Commission Resolution No. 2013-23, in which the Commission provided a favorable and unanimous recommendation approving the Site and Building Plan for Redevelopment of the Former Brookdale Mall Food Court area, which is part of the Shingle Creek Crossing Planned Unit Development (1300 Shingle Creek Crossing). Excerpts from the November 14, 2013 Commission meeting minutes, as related to this consideration of this matter, are also attached. Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: • Focused Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-020 SUBMITTED BY GATLIN DEVELOPMENT COMPANY, REQUESTING THE APPROVAL OF SITE AND BUILDING PLAN FOR REDEVELOPMENT OF THE FORMER BROOKDALE MALL FOOD COURT AREA, WHICH IS PART OF THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT, (1300 SHINGLE CREEK CROSSING) WHEREAS, Planning Commission Application No. 2013-020, submitted by Gatlin Development Company, requesting approval of a Site and Building Plan for the redevelopment of the former Brookdale Mall's Food Court area, which is part of the Shingle Creek Crossing Planned Unit Development, located at 1300 Shingle Creek Crossing, which approval is also conjunction with the ongoing improvements constructed under the Shingle Creek Crossing Planned Unit Development Project; and WHEREAS, the Planning Commission held a public meeting on November 14, 2013, to fully consider Planning Commission Application No. 2013-020, and reviewed and received a planning report on the proposed new Site and Building Plans for the development of 108,208 sf. of new building space and other related improvements, all in conjunction with the Shingle Creek Crossing Planned Unit Development Project; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this site and building plan an appropriate and reasonable development of the subject property; and WHEREAS, the Planning Commission fmds that the site and building plans are consistent with the General Development Plans of the overall Shingle Creek Crossing Planned Unit Development; and that the Site and Building Plan for the redevelopment of the former Brookdale Mall's Food Court area, as comprehended under Planning Application No. 2013-020, may be approved based upon the following considerations: 1.The Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; 2.The Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Site, will facilitate the redevelopment and improvement of this site, will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding RESOLUTION NO. land; 3.The improvements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards; 4.The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; 5.The Site and Building Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community; and 6.Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance are met and the site proposal is, therefore, in the best interest of the community. AND WHEREAS, upon full review and consideration of this item, the Planning Advisory Commission of the City of Brooklyn Center did adopt Planning Commission Resolution No. 2013-23, which provides a favorable recommendation of approval to the City Council, that Planning Application No. 2013-020 may be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Site and Building Plan of for the redevelopment of the former Brookdale Mall's Food Court area, consisting of ten (10) new buildings and related improvements as comprehended under Planning Application No. 2013-020, and which is part of the overall Shingle Creek Crossing Planned Unit Development, may be approved based upon the following conditions: 1.Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 25, 2013. 2.The two new stand-alone building sites labeled "R" and "T" respectively, which were illustrated and made part of the overall approvals given under the Shingle Creek Crossing 4 th Amendment, are not approved under this site plan consideration. These two building must be approved under separate site and building plan reviews at a later date. 3. Developer is allowed to initially construct Buildings labeled 1 through 7 as identified on the plans, while Bldgs. 8, 9 and 10 may be delayed until future development date. Buildings 8, 9, and 10 will be required to undergo separate site plan review if there are any major changes made to RESOLUTION NO. their layouts as indicated on said plans. These three buildings will comply with all similar conditions noted herein. 4.All new buildings proposed under this new Site Plan must incorporate 4- sided architectural and the Class 1 and 2 building materials specified under the Shingle Creek Crossing PUD Agreement. The exposed southerly wall of Building No. 7 must also be improved with the same Class 1 and/or Class 2 materials. 5.Should the Developer receive permission to install the large landscape berm to serve as the screening measures for the loading areas, the Developer shall ensure this area is well maintained and irrigated for the duration of this berm. If the berm and landscaping is removed to accommodate the build-out of Bldgs. 8, 9 and 10, the Developer agrees to transplant the trees (if possible) or provide new trees of similar or equal value inside the PUD Project site. 6.Developer should adjust the walkway leading from the central driveway corridor to the Xerxes Avenue trial area with a gentler, serpentine type walkway similar to the walkway installed to the north of this Food Court area. 7.Developer shall adjust the landscaping plan to provide a mixture or randomness of trees along the central pedestrian/driveway corridor. 8.Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 9.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. The new trash enclosure with same building materials as those used to construct the principal building. 10.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 11.Site Plan approval is exclusive of all final signs on this site, including new wall (building) signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to the approved Signage Plan of the Shingle Creek Crossing PUD Agreements. RESOLUTION NO. 12.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13.The Developer shall submit an as built survey or record drawing of the subject property, identifying all underground and above ground improvements, including but not limited to all utilities and service lines. 14.Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. 15.All other provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and subsequent amendments to this PUD shall remain binding and in effect. November 25, 2013 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Commissioner Morgan introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2013-23 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-020 SUBMITTED BY GATLIN DEVELOPMENT COMPANY, REQUESTING THE APPROVAL OF SITE AND BUILDING PLAN FOR REDEVELOPMENT OF THE FORMER BROOKDALE MALL FOOD COURT AREA, WHICH IS PART OF THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT, (1300 SHINGLE CREEK CROSSING) WHEREAS, Planning Commission Application No. 2013-020, submitted by Gatlin Development Company, requesting approval of a Site and Building Plan for the redevelopment of the former Brookdale Mall's Food Court area, which is part of the Shingle Creek Crossing Planned Unit Development, located at 1300 Shingle Creek Crossing, which approval is also conjunction with the ongoing improvements constructed under the Shingle Creek Crossing Planned Unit Development Project; and WHEREAS, the Planning Commission held a public meeting on November 14, 2013, to fully consider Planning Commission Application No. 2013-020, and reviewed and received a planning report on the proposed new Site and Building Plans for the development of 108,208 sf. of new building space and other related improvements, all in conjunction with the Shingle Creek Crossing Planned Unit Development Project; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this site and building plan an appropriate and reasonable development of the subject property; and WHEREAS, the Planning Commission finds that the site and building plans are consistent with the General Development Plans of the overall Shingle Creek Crossing Planned Unit Development; and that the Site and Building Plan for the redevelopment of the former Brookdale Mall's Food Court area, as comprehended under Planning Application No. 2013-020, may be approved based upon the following considerations: 1.The Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; 2.The Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Site, will facilitate the redevelopment and improvement of this site, will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable PC RES. NO. 2013-23 intensity to adjacent land uses as well as those permitted on surrounding land; 3.The improvements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards; 4.The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; 5.The Site and Building Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community; and 6.Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance are met and the site proposal is, therefore, in the best interest of the community. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that the Site and Building Plan of for the redevelopment of the former Brookdale Mall's Food Court area, consisting of ten (10) new buildings and related improvements as comprehended under Planning Application No. 2013- 020, and which is part of the overall Shingle Creek Crossing Planned Unit Development, may be approved based upon the following conditions: 1.Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 25, 2013. 2.The two new stand-alone building sites labeled "R" and "T" respectively, which were illustrated and made part of the overall approvals given under the Shingle Creek Crossing 4 th Amendment, are not approved under this site plan consideration. These two building must be approved under separate site and building plan reviews at a later date. 3. Developer is allowed to initially construct Buildings labeled 1 through 7 as identified on the plans, while Bldgs. 8, 9 and 10 may be delayed until future development date. Buildings 8, 9, and 10 will be required to undergo separate site plan review if there are any major changes made to their layouts as indicated on said plans. These three buildings will comply with all similar conditions noted herein. PC RES. NO. 2013-23 4.All new buildings proposed under this new Site Plan must incorporate 4- sided architectural and the Class 1 and 2 building materials specified under the Shingle Creek Crossing PUD Agreement. The exposed southerly wall of Building No. 7 must also be improved with the same Class 1 and/or Class 2 materials. 5.Should the Developer receive permission to install the large landscape berm to serve as the screening measures for the loading areas, the Developer shall ensure this area is well maintained and irrigated for the duration of this berm. If the berm and landscaping is removed to accommodate the build-out of Bldgs. 8, 9 and 10, the Developer agrees to transplant the trees (if possible) or provide new trees of similar or equal value inside the PUD Project site. 6.Developer should adjust the walkway leading from the central driveway corridor to the Xerxes Avenue trial area with a gentler, serpentine type walkway similar to the walkway installed to the north of this Food Court area. 7.Developer shall adjust the landscaping plan to provide a mixture or randomness of trees along the central pedestrian/driveway corridor. 8.Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 9.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. The new trash enclosure with same building materials as those used to construct the principal building. 10.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 11.Site Plan approval is exclusive of all final signs on this site, including new wall (building) signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to the approved Signage Plan of the Shingle Creek Crossing PUD Agreements. PC RES. NO. 2013-23 12.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13.The -Developer shall submit an as built survey or record drawing of the subject property, identifying all underground and above ground improvements, including but not limited to all utilities and service lines. 14.Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. 15.All other provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and subsequent amendments to this PUD shall remain binding and in effect. November 14, 2013 // -7777 Chair Date The motion for the adoption of the foregoing resolution was duly seconded by member Schonning and upon vote being taken thereon, the following voted in favor thereof: Chair Burfeind, Commissioners Christensen, Freedman, Morgan and Schonning. and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA NOVEMBER 14, 2013 CALL TO ORDER The Planning Commission meeting was called to order by Chair Burfeind at 7:05 p.m. ROLL CALL Chair Scott Burfeind, Commissioners Randall Christensen, Benjamin Freedman, Carlos Morgan, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Michael Parks was absent and unexcused. APPROVAL OF MINUTES — OCTOBER 17, 2013 There was a motion by Commissioner Freedman, seconded by Commissioner Christensen to approve the minutes of the October 17, 2013 meeting. Motion passed unanimously. CHAIR'S EXPLANATION Chair Burfeind explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2013-020 GATLIN DEVELOPMENT COMPANY Chair Burfeind introduced Application No. 2013-020, consideration of a Site and Building Plan of the former Brookdale Mall Food Court area, proposing ten (10) new retail/service buildings consisting of 108,208 sq. ft. of new building area — located inside the Shingle Creek Crossing Planned Unit Development Project. (Refer to Planning Report dated 10-30-13 on Application No. 2013-020). Mr. Benetti explained the history of the site and reviewed the proposed plans provided by the applicant noting the ten proposed new retail buildings will be on the site of the former Food Court building once it is demolished. He added Buildings R and T are not included in this application. Mr. Benetti further explained the location of landscaping and berming to provide adequate screening on the back side of the building. He also discussed the effectiveness of vinyl wrapping on the back of a building to provide screening rather than just a blank wall, which has been discussed with the applicant. Commissioner Christensen stated he has a concern with how the back of buildings 8, 9 and 10 will look since they are so visible from Xerxes Avenue North and doesn't feel the screening described is adequate. He stated he also has concerns with all the truck traffic coming thru this area. Mr. Benetti replied this is a better location for truck traffic rather than down by the Sears entrance based on the layout of the roadway. He added most truck traffic occurs during off peak shopping hours and there won't be much mixing of car and truck traffic. PC Minutes 11-14-13 Page 1 Commissioner Morgan arrived at 7:23 p.m. Commissioner Freedman asked if there has been any communication with Sears lately. Mr. Benetti replied there have been no comments from Sears regarding this application, however, the developer must always get Sears approval for activity on the site. Chair Burfeind asked if the parking lot is included in this plan even if Buildings R and T are not. Mr. Benetti responded that paving of the parking areas are included in this plan. He further stated he has concerns with the parking of semis on the Sears lot and does not want to see that happening on this site with truck traffic and parking. Mr. Benetti stated the west side of the site has been a challenge to develop and secure tenants. He added the developer feels that once this area starts to fill in, this will take off and create a desirable destination. Chair Burfeind added he feels a well maintained green space provides adequate screening as well as wrapping the buildings until the final buildings are complete. Mr. Eitel added even when Brookdale was hopping, Sears did not make any improvements to their property and the west side has always been challenging to bring in exciting, desirable businesses with all the fast food and tire stores along Xerxes. He further stated these new buildings including the end caps will begin to fill quickly as things progress. Commissioner Christensen stated he would like to see a plan for the berm on paper because he has a hard time believing it will work for proper screening. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to the approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-23 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-020 SUBMITTED BY GATLIN DEVELOPMENT COMPANY, REQUESTING THE APPROVAL OF SITE AND BUILDING PLAN FOR REDEVELOPMENT OF THE FORMER BROOKDALE MALL FOOD COURT AREA, WHICH IS PART OF THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT, (1300 SHINGLE CREEK CROSSING) There was a motion by Commissioner Morgan, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 2013-23. Voting in favor:Chair Burfeind, Commissioners Christensen, Freedman, Morgan, and Schonning And the following voted against the same: None The motion passed unanimously. PC Minutes 11-14-13 Page 2 The Council will consider the application at its November 25, 2013 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS Mr. Benetti discussed a request from Cass Screw to construct a lean to by their loading dock areas in the front. He asked for the Commission's thoughts on whether or not this item needs official review by the Planning Commission. It was the general consensus of the Commission to allow staff to work with Cass Screw without approval or input from the Planning Commission. Chair Burfeind stated election of the Chair and Chair Pro Tern for the 2014 Planning Commission will take place at the first meeting in 2014 by nominations and written vote. Mr. Benetti informed the Commission the Avis Budget application was denied by the City Council based on concerns they had regarding how this business would impact the image of Shingle Creek Crossing. There was no other business. ADJOURNMENT There was a motion by Commissioner Freedman, seconded by Commissioner Morgan, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:02p.m. Chair Recorded and transcribed by: Rebecca Crass PC Minutes 11-14-13 Page 3 I Klly of BROO!. I 'N (-INTER Planning Commission Report Meeting Date: October 30, 2013 •Application Originally Filed: 08/28/13 •Updated Plans Filed 09/17/13 & 10/17/13 •Application Deemed Complete: 10/18/13 •Review Period (60-day) Deadline: 12/17/13 Application No. 2013-020 Applicant: Gatlin Development Company Location: 1300 Shingle Creek Crossing (Shingle Creek Crossing PUD Project) Request: Site and Building Plan - Food Court Removal and Redevelopment INTRODUCTION Gatlin Development Company is requesting a site and building plan approval to the former Brookdale Mall's Food Court area. This site plan would provide for the removal of the entire 123,200 sf. food court mall area and replace with ten (10) new retail/service buildings. This matter is being presented as a general public meeting item, which means the Planning Commission may elect to take public comments if you wish. BACKGROUND The Shingle Creek Crossing PUD was approved on May 23, 2011, which provided for the overall redevelopment of the former Brookdale Mall properties. This mall originally consisted of over 1.1 million square feet of retail space, which was reduced by the demolition of over 760,000 sf. of old mall space, followed by the planned renovation of approximately 123,242 sf. of the Food Court mall located next to the Sears store. The redevelopment would then phase in approximately 403,000 sf. of new retail commercial and restaurant uses, and included the new daylighting and waterway features of Single Creek running through the site. The 2 nd Amendment was approved a short time later on September 12, 2011, which provided for the physical separation of the Food Court building from the Sears store; the renovation/conversion of the Food Court's "common area" into additional retail space, whereby the net leasable retail area was increased from 123,242 sq. ft. to 150,591 sq. ft.; the removal of Building N between Sears and Wal-Mart; and the addition of a new 6,000 sf. commercial pad site located at the southeast corner of Xerxes Avenue/56 th Avenue entrance. The ri Amendment adopted on September 24, 2012, provided for the replatting of Lots 12 and 13 into two newly configured lots; revised original Building Site D from a 6,175 sq. ft. retail building to a new 8,400 sq. ft. building for mixed retail/restaurant use with a drive thru service lane; the elimination of a 35,660 sf. Building Q (Best Buy store) site, which was replaced with a reduced 6,000 sf1 restaurant pad site and a new 7,500 sf. Building 0 restaurant pad site. This 3' Amendment accepted the approval of a the updated PUD Master Plan dated August 2012, which now serves as the current and approved General Development Plan of this Shingle Creek Crossing Planned Unit Development site. App. No. 2013-020 PC 10/30/2013 Page 1 EXISTING SEARS (NOT IN CONTRACT) The 4th Amendment was recently approved by the City Council at the October 14, 2013 meeting, whereby the PUD Master Plan was approved for new changes to this Food Court area; lot line readjustments between Bldg. Sites A and B; and the adjustment to the Bldg. D pad site. The planned configuration of the food court site is illustrated in the diagram below. The 5 th Amendment, which concerned new signage allotments throughout the PUD, was approved July 8, 2013. SITE & BUILDING IMPROVEMENTS The new PUD Plan comprehends the proposed removal of the 170,000 sf. "Food Court" building and replacing and redeveloping the 14.6 acre site with ten (10) new individual retail store buildings. The combined total area is noted at 108,208 sf. of new building space or area. The 4 th Amendment also included the addition of two new stand-alone restaurant pad sites consisting of 5,400 sf. and 2,800 sf., and labeled Building Sites "R" and "T" respectively. These two sites are not under consideration in this site plan review. Those sites will undergo separate site and building plan reviews at a later date. The new site plan continues to show the planned separation of the new Gatlin Development buildings from the Sears store by means of the two-way driveway, which was actually approved under the 2 nd Amendment of 2011. One of the most noticeable changes made on this new site plan set is the interior loading dock areas to serve these buildings, which will be noted later in this report. App. No. 2013-020 PC 10/30/2013 Page 2 The table below provides the breakdown of each bulling size, parking spaces provide and ratios. FOOD COURT PARKING TABLE BUILDING DESIGNATION BUILDING PARKING PROVIDED RATIO BUILDING 1 14,570 SQ. FT.67 SPACES 4.60 BUILDING 2 3,892 SQ. FT.18 SPACES 4.62 BUILDING 3 13,182 SQ. FT.60 SPACES 4.55 BUILDING 4 24,190 SQ. FT.115 SPACES 4.75 BUILDINGS 21,900 SQ. FT.100 SPACES 4.57 BUILDING 6 1,630 SQ. FT.9 SPACES 5.52 BUILDING 7 5,012 SQ. FT.26 SPACES 5.19 BUILDING 8 4,680 SQ. FT.26 SPACES 5.56 BUILDING 9 8,352 SQ. FT.116 SPACES 13.89 BUILDING 10 10,800 SQ. FT.175 SPACES 16.20 TOTAL 108,208 SQ. FT.712 SPACES 6.58 The floor plans reveal the proposed breakout of store space and separate loading areas. App. No. 2013-020 PC 10/30/2013 Page 3 tJoitilliNnt19.11a. \\C , SHINGLE CREEK CROSSING0 ...ca., COOLS lif1,41 f .70,71.1110EV70.. Ft OO flN: Al lEtWITisE—An..?s ilF9 rtnjfr -r , ; • L. - .; ICIIA111 I 'I •- . I :1; 1- TEN WT • 01810.1111 li:1116/ The PUD was approved with an overall architectural [elevation] plan as part of the original approvals. All new buildings must incorporate 4-sided architecture in their designs, meaning all four elevations must provide a nice, consistent use of material on all four sides of the buildings, including rear elevations. The facades of these new retail store spaces are scheduled to receive a nice mix of stone veneers, EIFS, concrete brick veneers, integrally colored rock face block, spandrel glass and other materials. Most of these architectural materials are consistent with the previously approved Architectural Standards (including Class 1 and Class 2 materials) the City called for under the original PUD Agreement. App. No. 2013-020 PC 10/30/2013 Page 4 As part of the partial phasing plans of this site, Gatlin Development intends to build only the first seven (7) buildings of this site plan area for now, with the land areas under Bldgs. 8, 9 and 10 to be finished-out with a temporary landscape and screening berm. This berm and landscape area is to screen the new loading dock areas behind the new Bldgs. 1 thru 7. This landscape and berm plan will be noted later in this report under the sub-heading of "Landscaping." Staff will also point out that the exposed southerly building wall for Bldg. No. 7 (illustrated above) will need to be completed with approved Class 1 and Class 2 materials. •>• GRADING/DRAINAGE/UTILITIES The finished grades and drainage grades in and around this redevelopment site will not change much, as they will need to match in with the previously approved (and completed) graded and improved surrounding areas. Slight grade changes are being proposed in the parking lot areas to accommodate positive drainage around this site. The rear loading dock (pavement) area is shown with proposed grades towards the central portion, with new storm sewer systems to catch and carry run-off from this area. All necessary utilities, such as water, gas, electric and phone lines have been provided or installed throughout this PUD site, and connections for these new buildings can easily be made to the previously installed utility lines, stubs or mains that traverse this site. The final grading and drainage plans will be thoroughly reviewed later by the City Engineer under the required land disturbance permit process. This site and all other disturbed areas of this PUD site have been or will be reviewed by the City Engineer for full compliance and acceptance. Since some of the overall PUD development site infrastructure has already been installed, there is not much room or need to depart from the original and approved grading/drainage plans. All other areas of this site appear to drain properly or do not require any special drainage structures or modification prior to building approvals. App. No. 2013-020 PC 10/30/2013 Page 5 3-BHS1 1-FAS 2-AUP1 2-AUP 5-BHS 3-FAS 3-AUP EXISTING SEARS (NOT IN ,--,-,I -T-r-) (-•-r\ 3-AUP XISTING SEARS (NOT IN CONTRACT) 2-CHB 2-SHL 3-AUP •• 3-AUP 4-BHS \ LANDSCAPING The Applicant has submitted a landscape plan which appears to be somewhat consistent with the approved PUD Master Plan. Plans call for the installation of various deciduous trees, such as elms, maples, hackbenies, honey locusts and white oaks inside the parking islands of this site, with a scattering of smaller, ornamental trees such as prairie fire crabs in front planting areas of the buildings. The plan also includes an extensive berm with landscaping to be used as vegetative screen to the loading dock areas. The walkway area between the Sears store and the new buildings has adequate numbers of plantings, consisting of common hackberry, accolade elms, and a few autumn blaze maples. Instead of grouping these trees with same varieties, Staff would suggest the Developer mix-up or randomize the three tree varieties through the length of this pedestrian and vehicle corridor. The plan also calls for a line of Austrian pines and Black Hill spruce trees to screen the Sears loading dock areas. This area once contained a large, brick screening wall, which was removed as part of the removal plans under Phase I of the PUD. - \ App. No. 2013-020 PC 10/30/2013 Page 6 EXISTiNG --STRIPING AND "PAVEMENT \ c- The plan also provides a detail of the walkway connection from the central drive opening down to the Xerxes Avenue trail. This trail is somewhat "angular" in layout, and Staff would prefer the Developer revise this layout or mimic the existing "serpentine" layout of the walkway located on the north side of the existing Food Court building, leading up to the future Discount Tire store site (see photo below). The landscape plan in the top-most diagram also illustrates a row of ten accolade elm trees within the parking lot area. Staff is unsure if these trees were meant to be placed or situated inside an elongated parking island, which staff would actually support to create a more separate, and designated roadway through the parking area. Staff would request the Developer provide an update or response to this landscape feature. App. No. 2013-020 PC 10/30/2013 Page 7 - As indicated previously, the Landscape Plan (and the Grading Plans) includes details of the berm and landscape screen, which are to be placed in lieu of Buildings No. 8, 9 and 10. The berm is projected to be an 8-9 foot high earthen berm, with landscaping placed in the front edges. This landscaping is shown to be a mixed variety of spruces and pines (Black Hills, Fat Albert's, Austrian) consisting of 8 to 10-ft. high plantings. The front planting lines are to be complimented with a row of smaller ornamental Snow Drift crabapple trees, with Autumn Blaze maples at the loading dock entrance. As Planning Staff indicated during the PUD Amendment No. 4 discussion (September 26 th meeting), we indicated our strong desire to see this loading dock area be provided with an effective screen. We indicated further some alternatives, such as a landscape berm, or partial build-out of the outer walls of Buildings 8, 9 and 10; or possibly a brick and/or tip-up concrete panel wall. Staff also discussed an idea similar to what is now being used on the Shops at West End in St. Louis Park, whereby large, vinyl-like banner material is silk-screened or printed with images of faux store-fronts (see street photos next page), which are then attached to the outer walls of the new (vacant) building shells within this mall. App. No. 2013-020 PC 10/30/2013 Page 8 It should be noted that the Developer is seeking to delay the build-out of these three buildings until he has established a more thriving area of customer base traffic and services, predicted to be accomplished once Bldgs. I thru 7 have been completed/occupied, and other commercial uses inside the PUD come on-line. As evident by the existing and current development and build-out of this PUD project, most is happening on this west end and Staff is confident that the completion of Bldgs. 8, 9 and 10 will take place in the near future. Staff does wish to share our concern that if this landscape berm is accepted and completed by the Developer, this berm may become an attractive or established landscape feature that the public or customers may appreciate as a natural and ideal aesthetic element inside this commercial mall area, which may cause some grumblings and outcry in its removal, once the Developer decides to build-out this area in the future. If this becomes the case, Planning Staff will provide conditions that ensure all trees are either transplanted or replaced in kind somewhere inside the PUD site. Nevertheless, the landscape berm is what the Developer is providing for the Planning Commission to review and consider, and staff would prefer the Commission give careful consideration and input as to the effectiveness of this berm and landscaping plan, and determine if this berm and landscape would suffice as an effective screen to this area. •:4' ACCESS & PARKING All main access points into this specified area will remain the same or without any changes as part of this redevelopment. The Developer's consultants have provided a number of large truck access route maps for the Commission to review. These maps provide an illustration of how delivery trucks will come in off Xerxes Avenue at the 56 th Avenue intersection; turn into the site along the south side; enter into the loading area; maneuver or reverse course into the respective loading bays, and exit through the same corridor. No truck traffic is projected to come in at the 55 th Avenue/Xerxes Ave. (Sears Automotive) intersection. The parking to be provided under this Site Plan will take place within new parking areas to the east of the buildings, and the large existing surface parking area to the west (along Xerxes Ave.), which is to remain and scheduled to receive a new seal coat. The City Engineer however, is App. No. 2013-020 PC 10/30/2013 Page 9 recommending that this area be repaved in lieu of this seal coat, due to the poor conditions of this parking area. A small number of parking is also provided to the north (installed under the Phase I construction of this PUD project). The plan identifies 712 parking spaces will be created or reserved to these ten buildings. The overall (average) parking ratio is 6.58 spaces, which exceeds the 4.5 spaces per 1,000 sf of gross floor area needed for retail/service uses. These parking numbers and ratios will more than likely be adjusted once proposed Bldgs. R and T take place. All parking areas are planned to be appropriately striped and ADA parking stalls provided. Staff would also request that should the landscaping island as noted under the Landscape section above is installed, that details and specifications be submitted to the city as part of any future land disturbance or building permit reviews. LIGHTING/TRASH The site plans include a detailed photometric and light plan, which calls for a number of large overhead lighting, primarily to light the new parking areas to be completed under this site plan, and the loading dock area. Pedestrian style lighting is also being provided along the central walkway corridor, which complies with the City's conditions under the PUD Amendment No. 2 approvals. The plans illustrate three new trash enclosure areas located along the back-side of Bldgs. 3, 7 and 10. These three enclosures are shown with two trash dumpsters for each area. With the projected sizes of these buildings, Staff does not believe these trash enclosures will be adequate to handle all garbage and refuse produced by this development. Staff assumes that some trash containers may be contained inside the buildings and interior loading/storage spaces, or provisions will be made to accommodate all trash services for these new buildings. Staff also assumes the enclosure behind No. 10 will come later, once this area is built-out. App. No. 2013-020 PC 10/30/2013 Page 10 CITY ENGINEER REVIEW The City Engineer has provided his review and comments regarding this application in the October 25, 2013 memorandum to city planning staff, attached hereto. Most of these comments and conditions reflect the improvements approved under the PUD Plan amendment. Some of these conditions may be applicable at time of future building permit review and approvals. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2013-23, which comprehends the approval of Planning Application No. 2013-020, the new Site and Building Plan for the redevelopment of the former Brookdale Mall's Food Court area, which is part of the Shingle Creek Crossing Planned Unit Development, and made subject to the following conditions: 1.Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 25, 2013. 2.The two new stand-alone building sites labeled "R" and "T" respectively, which were illustrated and made part of the overall approvals given under the Shingle Creek Crossing 4th Amendment, are not approved under this site plan consideration. These two building must be approved under separate site and building plan reviews at a later date. 3.Developer is allowed to initially construct Buildings labeled 1 through 7 as identified on the plans, while Bldgs. 8, 9 and 10 may be delayed until future development date. Buildings 8, 9, and 10 will be required to undergo separate site plan review if there are any major changes made to their layouts as indicated on said plans. These three buildings will comply with all similar conditions noted herein. 4.All new buildings proposed under this new Site Plan must incorporate 4-sided architectural and the Class 1 and 2 building materials specified under the Shingle Creek Crossing PUD Agreement. The exposed southerly wall of Building No. 7 must also be improved with the same Class 1 and/or Class 2 materials. 5. Should the Developer receive permission to install the large landscape berm to serve as the screening measures for the loading areas, the Developer shall ensure this area is well maintained and irrigated for the duration of this berm. If the berm and landscaping is removed to accommodate the build-out of Bldgs. 8, 9 and 10, the Developer agrees to transplant the trees (if possible) or provide new trees of similar or equal value inside the PUD Project site. App. No. 2013-020 PC 10/30/2013 Page 11 6.Developer should adjust the walkway leading from the central driveway conidor to the Xerxes Avenue trial area with a gentler, serpentine type walkway similar to the walkway installed to the north of this Food Court area. 7.Developer shall adjust the landscaping plan to provide a mixture or randomness of trees along the central pedestrian/driveway corridor. 8.Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 9.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. The new trash enclosure with same building materials as those used to construct the principal building. 10.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance 11.Site Plan approval is exclusive of all final signs on this site, including new wall (building) signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to the approved Signage Plan of the Shingle Creek Crossing PUD Agreements. 12.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13.The Developer shall submit an as built survey or record drawing of the subject property, identifying all underground and above ground improvements, including but not limited to all utilities and service lines. 14.Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. 15.All other provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and subsequent amendments to this PUD shall remain binding and in effect. Attachments ▪Planning Commission Res. No. 2013-23 ▪City Engineer's Review Memo- Oct. 25, 2013 ▪Shingle Creek Crossing Master Plan (September 2013) •Site and Improvement Plans for Food Court (Shingle Creek Crossing) App. No. 2013-020 PC 10/30/2013 Page 12 MEMORANDUM DATE: October 25, 2013 TO: Tim Benetti, Planning and Zoning Specialist FROM: Steven L. Lillehaug, City Engineer/Director of Public Works SUBJECT: Public Works Review Memo — Shingle Creek Crossing Food Court Site Plan Public Works Department staff has reviewed the 19 sheet set of plans entitled Site Improvement Plans Food Court that were prepared by Kimley-Hom and Associates, Inc., and are dated October 17, 2013. This plan pertains only to the old Food Court lot (Lot 1 Block 1). The following comments are offered relative to the above referenced submittals. They are contingent upon preliminary and final plat approval, final site plan and land alteration/building permit submittal and approval. Additionally, this review only includes a review of the revisions contained within Lot 1 Block 1 of Shingle Creek Crossing 3"I Addition. Other site revisions are apparent on the drawings outside of these sites, are inconsistent with the previously approved PUD and amendments, and have not been included as part of this review. Additionally, Sites R and T are not shown consistent with the PUD approvals and it is assumed that these sites will be developed under separate application at a later date. General Plan Items: 1.All newly proposed loading dock and truck turning/backing areas must be fully separated from public customer and handicap parking areas, must not direct or invite public parking ingress/egress routes through loading dock and turning/backing areas, and must not encroach on main drive aisles. The current plans do not address this issue. 2.The existing City lighting and trees along Xerxes must be protected. 3.The area on the northeast side of Building 10 labeled as "loading area (typ.) should not be open to the general public, consistent with item 1 above. 4.The area hatched out with ADA striping on the back sides of buildings 8 and 9 should be defined for purpose of ADA striping, consistent with item 1 above. 5.The trash enclosure areas must be better separated and protected from traffic areas (e.g. curb and gutter). 6.The westerly parking lot is recommended to be repaved in lieu of the proposed seal coat as depicted on plan sheet 6041 due to the poor condition of the parking lot pavement. 7.All recommendations and requirements approved as part of previous actions pertaining to all prior PUD/PUD amendment approvals Preliminary Plan approvals and Final Plat approvals relative to Shingle Creek Crossing; Shingle Creek Crossing 2 nd Addition; Shingle Creek Crossing 3 rd Addition and/or portions thereof are withstanding and must be incorporated into the final plans. 8.The final plats of Shingle Creek Crossing 2nd Addition and Shingle Creek Crossing 3rd Addition should be recorded with Hennepin County prior to any further consideration of development approvals. Copies of the recorded plats must be provided to the City (digital PDF format). 9. An update of the original and amended traffic impact study must be made to reflect the current site and building revisions. Food Court Site Plan Review Memo / Shingle Creek Crossing Page 2 October 25, 2013 10.All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center's standard specifications and details. The City's standard details must be included in the plans. 11.The final plans must be certified by a licensed engineer in the state of Minnesota and forwarded to the City Engineer for approval. 12.Upon project completion, the applicant must submit an as-built survey of the property, improvements and utility service lines and structures, and provide certified record drawings (of all originally approved construction plan sheets) for any associated private and/or public improvements prior to issuance of the certificate of occupancy. The survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 13.Inspection for the private site demolition and improvements must be performed by the developer's design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that "all improvements were built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision." The engineer must be certified in the state of Minnesota and must certify all required as-built drawings. 14.The applicant is responsible for coordinating site demolition plans with all private utility companies (Xcel Energy, CenterPoint Energy, Qwest Communications, etc.). 15.No portion of building or appurtenant structures may encroach on the City drainage and utility easement. Easements and Agreements: 16.A Performance Agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 17.Subdivision/Development and Declaration of Covenants and Rights Agreements are required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 18.A permanent Encroachment Agreement is needed for the construction of the Sears entry on the northeast corner of the building. 19.Provide a detailed, certified survey specifically confirming that the existing Sears building does not encroach across the Sears property line. 20.A temporary agreement between property owners is required for all work located outside of the applicant's property. Anticipated Permitting: 21.A City of Brooklyn Center land disturbance permit is required. 22.A City of Brooklyn Center demolition and building permit are required. 23.A City of Brooklyn Center water and sewer permit is required. 24.An MPCA NPDES permit is required. 25.This project will require demolition to encroach on adjacent Sears's property and documentation must be submitted showing authorization for this activity. 26.A MPCA sanitary sewer permit may be required. 27.A MN Department of Health water main extension permit may be required. 28. Other permits not listed may be required and are the responsibility of the developer to obtain as warranted. Food Court Site Plan Review Memo / Shingle Creek Crossing Page 3 October 25, 2013 Prior to issuance of a Land Alteration and Building Permit: 29.Submit a recorded copy of the restrictive covenants (Subdivision Agreement). 30.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 31.Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended as required by the City Engineer. 32.A letter of credit or cash escrow shall be deposited with the City in the amount of 100% of the estimated cost in the amount estimated by the developer and determined by the City to comply with land alteration requirement, site improvement, and restoration of the site. The City may incrementally reduce the amount of the surety if work is completed and accepted. 33. A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, haul routes, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non-compliance provisions. The plan must be in a City approved format and must outline minimum site management practices and penalties for non-compliance. A $5,000 cash deposit is required as part of the non-compliance provision. Through this document, the developer and property owner will acknowledge: a.The property will be brought into compliance within 24 hours of notification of a violation of the construction management plan, other conditions of approval or City code standards. b.If compliance is not achieved, the City will use any or all of the escrow dollars to correct any deficiency and/or issue. 34. Submit a $5,000 cash escrow for the costs associated with the City performing inspections and SWPPP reviews. 35. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The site plan must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. 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(Igo) XVJ OSLO—COO (.9) 2.1.1 01150 Al ittld 15 N900 315 50 312 AJlSSAOIllfl OSSZ All .S31000SS2 cat miori-Aamm ztoz (D 'solepossv pue mErNi wok-AeliuN 9 *X2 82011rill 1331-IS ,emnn 35113111 3c1 , 1.00£E9091. -0■1 1931'08d AS CONO2143 se,"55 507110 SOP xe 0201530 CLI.LON SV XLJ S SAA f ‘•-, , --- - - - --T- 0' 1 1 0 — - r - _ -.7 - ,----■ ,:.— • ..---:1A • I . 41° 1 I 1 I H I L,'_ — ----cla..: cj,-------i- '-'---0 t ,-'-)---- -: - _ _--.7-C.1:72-7)_..-=:,,_-_--7--' 2-9-- - -.=.- • - - , , L- -t-- -- --- ; 23 t t. ___\ --1--- 2 City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: November 25, 2013 TO: Curt Boganey, City Manager FROM: Gregory Interim F SUBJECT: Taxable General Obligation Tax Increment Bonds, Series 2013A and General Obligation Improvement Bonds, Series 2013B Recommendation: It is recommended that the City Council consider approval of the attached resolutions authorizing the sale of Taxable General Obligation (G.0.) Tax Increment Bonds, Series 2013A and General Obligation (G.0.) Improvement Bonds, Series 2013B. Background: On November 12, 2013, the City Council adopted resolutions providing for the competitive negotiated sale of $6,090,000 G.O. Tax Increment Bonds, Series 2013A and the sale of $4,920,000 G.O. Improvement Bonds, Series 2013B. The Tax Increment Bonds will be used to purchase at least two properties totaling approximately 5 acres located in the Brooklyn Boulevard Corridor and pay for demolition activities, and other eligible costs. The total acquisition and demolition costs are estimated at $1,800,000. In addition, bond proceeds will be used to purchase approximately 23.2 acres located in the City's Opportunity Site identified in the City's Comprehensive Plan as a potential mixed use redevelopment area, purchase another half- acre parcel located in the Brooklyn Boulevard Corridor, and pay for other eligible costs. The total cost of land acquisition is estimated at $4,200,000. The proceeds of the Series 2013B Improvement bonds will be used to reimburse the City for a portion of the cost of various street reconstruction projects, including Palmer Lake East and Unity Avenue/Shingle creek Parkway street improvements both completed in 2012, and Kylawn Park Area street improvements, which will be substantially completed by year end 2013. Budget Issues: The Tax Increment Bonds, Series 2013A will have an eight year life with the first principal and interest payment on February 1, 2015 from tax increment received in TIF #3. The Improvement Bonds, Series 2013B will have a ten year life with the first payment of principal and interest from a special debt service levy and special assessments received from benefited properties in the improvement areas. We have attached a copy of the Official Statement which describes the bond sales in more detail. We were notified that Standard & Poor's has confirmed that the bonds will continue to be rated AA. The rating report will be sent to the Council when received prior to the Council meeting. Competitive proposals will be received by the City's financial advisor, Springsted, Incorporated at 10:00am on November 25, 2013. Proceeds from the bonds will be Mission: Ensuring an attractive, clean, safe, inclusive comniuniO , that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM received December 19, 2013. David MacGillivray, Chairman of Springsted will be present at the Council meeting to discuss the recommendation for the sale. Strategic Priorities: • Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $6,090,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2013A A. WHEREAS, the Brooklyn Center Economic Development Authority (the "EDA") has heretofore established Housing Development and Redevelopment Project No. 1 (the "Project Area") and has adopted a redevelopment plan therefor (as modified, the "Redevelopment Plan") in accordance with Minnesota Statutes, Section 469.001 to 469.047, both inclusive, which Redevelopment Plan authorizes certain expenditures within the Project Area to promote development in the City of Brooklyn Center, Minnesota (the "City"); and C.WHEREAS, the EDA has heretofore created Tax Increment Financing District No. 3 (the "Tax Increment District") within the Project Area and adopted a tax increment financing plan therefor (as modified, the "TIF Plan") pursuant to the provisions of Minnesota Statutes, Section 469.174 to 469.1794; and D.WHEREAS, pursuant to the provisions of the Redevelopment Plan and TIF Plan, funds are to be expended within the Project Area, or elsewhere within the City for certain housing expenditures, to provide money to finance the acquisition of land, certain demolition costs, and other eligible expenses to promote redevelopment activity within the City (the "Project"); and E.WHEREAS, the City has retained Springsted Incorporated ("Springsted"), an independent financial consultant in connection with the issuance of the Bonds, and is therefore authorized by Minnesota Statutes, Section 475.60, subdivision 2(9) to negotiate the sale of the Bonds without complying with the public sale requirements of Minnesota Statutes, Chapter 475; and F.WHEREAS, the Interim City Finance Director presented a tabulation of the proposals that had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals were as set forth in EXHIBIT A attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: Section 1. Sale of Bonds. 1.01 Authorization. The Bonds shall provide funds to finance the Project. Certain tax increments derived from the Tax Increment District (the "Tax Increments"), will be applied to the payment of the Bonds and interest thereon and pledged by the City. The estimated amount of Tax Increments available to pay debt service on the Bonds exceeds 20% of the cost of the RESOLUTION NO. Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. It is hereby determined that it is necessary and expedient for the City to issue $6,090,000 Taxable General Obligation Tax Increment Bonds, Series 2013A (the "Bonds") pursuant to Minnesota Statutes, Chapters 469 (the "Act") to provide fmancing for the Project. 1.02. Award to the Purchaser and Interest Rates. The proposal of (the "Purchaser") to purchase the Bonds of the City described in the Terms of Proposal is hereby found and determined to be the most favorable offer received and is hereby accepted, the proposal being to purchase the Bonds at a price of $ . The Bonds bear interest as follows: Year Interest Rate Year Interest Rate 2015 2019 2016 2020 2017 2021 2018 2022 1.03. Purchase Contract. Any original issue premium and any rounding amount shall be credited to the Debt Service Fund hereinafter created, or deposited in the Capital Account under Section 3.01 hereof, as determined by the City's financial advisor and the City Finance Director. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Clerk are directed to execute a contract with the Purchaser on behalf of the City. 1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapters 469 and 475 (the "Act"), in the total principal amount of $6,090,000, originally dated their date of issuance, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2015 $260,000 2019 $330,000 2016 265,000 2020 335,000 2017 270,000 2021 2,140,000 2018 275,000 2022 2,215,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). RESOLUTION NO. 1.05. No Optional Redemption. The Bonds will not be subject to prepayment in advance of their maturity. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 2014, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a)Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b)Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the 15th day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. RESOLUTION NO. (e)Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f)Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g)Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h)Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. RESOLUTION NO. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Finance Director and executed on behalf of the City by the signatures of the Mayor and the City Clerk, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Finance Director will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. 2.07. Form of Bonds. The Bonds will be printed or typewritten in substantially the following form attached hereto as Exhibit B. 2.08. Approving Legal Opinion. The City Clerk will obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. Section 3. Payment Security; Pledges and Covenants. RESOLUTION NO. 3.01 Fund and Accounts. There is hereby created a special fund to be designated the "Taxable General Obligation Tax Increment Bonds, Series 2013A Fund" (the "Fund") to be administered and maintained by the City Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund 2 separate accounts, to be designated the "Capital Account" and "Debt Service Account", respectively. (a)Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Bonds less accrued interest received thereon and any rounding amount and any original issue premium, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03. From the Capital Account there shall be paid the eligible costs and expenses of the Project, including all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the receipt of Tax Increments. (b)Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all accrued interest received upon delivery of the Bonds; (b) Tax Increments at the times and in the amount sufficient to pay the annual principal and interest payments on the Bonds; (c) any collections of all taxes hereafter levied in the event that the Tax Increments herein pledged to the payment of the principal and interest on the Bonds are insufficient therefore; (d) all funds remaining in the Capital Account after payment of the costs of the Project; (e) capitalized interest fmanced from Bond proceeds, if any; (f) all investment earnings on funds held in the Debt Service Account; (g) and any rounding amount and any original issue premium, to the extent designated for deposit in the Debt Service Account in accordance with Section 1.03; and (h) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. 3.02 Tax Increments. The City hereby appropriates Tax Increments to the Debt Service Account, which appropriation shall continue until all of the Bonds and any additional bonds payable from the Debt Service Account, are paid or discharged. The City hereby expressly reserves the right to use the Tax Increments to pay principal and interest on the Bonds and to finance other costs set forth in the TIF Plan not financed hereby or to finance costs of other projects to be undertaken from time to time within the Project Area in accordance with the Redevelopment Plan and the TIF Plan, as they may from time to time be amended. 3.03 Future Tax Levies. On or before October 10 of each year, the Finance Director shall certify to the County Auditor of Hennepin County the amount of Tax Increments and any other funds appropriated to and then held in the Debt Service Account and the estimated collections of Tax Increments to be received in the next succeeding year. In the event that it is anticipated that RESOLUTION NO. the aggregate of said sums will not be sufficient to pay the principal and interest on the Bonds to become due in the first calendar year thereafter and the first 6 months of the succeeding calendar year, the City Council shall pass a resolution requesting the County Auditor of Hennepin County to levy an ad valorem tax in an amount as is necessary, together with the aforementioned funds then held in the Debt Service Account and said estimated collections of Tax Increments, to pay the principal and interest on the Bonds to become due during said period. 3.04 Coverage Test. The collections of Tax Increments and other revenues herein pledged are such that if collected in full they produce at least 5% in excess of the amount needed to meet when due the principal and interest payments on the Bonds. 3.05 General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit, resources and taxing powers of the City have been irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. Section 4. Authentication of Transcript. 4.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 4.02 Certification as to Official Statement. The Mayor and City Clerk are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 5. Book-Entry System; Limited Obligation of City. 5.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. RESOLUTION NO. 5.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Clerk of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Clerk will promptly deliver a copy of the same to the Registrar and Paying Agent. 5.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 5.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the RESOLUTION NO. Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 5.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 6. Continuing Disclosure. 6.01. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate on file with the City Clerk, as it may be amended from time to time in accordance with the terms thereof. The Mayor and City Clerk are hereby directed to execute the Continuing Disclosure Certificate on behalf of the City. 6.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under the Continuing Disclosure Certificate. Section 7. Defeasance. 7.01. Pledges, Covenants, and Other Rights to Cease. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit RESOLUTION NO. November 12, 2013 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. STATE OF MINNESOTA COUNTY OF HENNEPIN ) SS. CITY OF BROOKLYN CENTER I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on November 25, 2013 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $6,090,000 Taxable General Obligation Tax Increment Bonds, Series 2013A of the City. WITNESS My hand of the City this day of , 2013. Clerk RESOLUTION NO. EXHIBIT A PROPOSALS RESOLUTION NO. EXHIBIT B FORM OF BOND UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF BROOKLYN CENTER R- TAXABLE GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 2013A INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP February 1, 20 December 1, 2013 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Brooklyn Center, Hennepin County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, unless called for earlier redemption, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2014, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar RESOLUTION NO. whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond axe payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. No Redemption. The Bonds of this issue (the "Bonds") are not subject to prepayment in advance of their maturity. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $6,090,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on November 25, 2013 (the "Resolution"), for the purpose of providing money to finance the acquisition of land, certain demolition costs, and other eligible expenses to promote redevelopment activity within the City of Brooklyn Center (the "City"), and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit, resources and taxing powers of the City have been and are hereby irrevocably pledged. Denominations; Exchange, Resolution. The Bonds are issuable solely as fully registered bonds in the denominations of $5,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered Bonds of other authorized denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. RESOLUTION NO. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Brooklyn Center, Hennepin County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal having been intentionally omitted as permitted by law. Dated: December 12, 2013 CITY OF BROOKLYN CENTER, MINNESOTA (Facsimile) (Facsimile) City Clerk Mayor RESOLUTION NO. CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative RESOLUTION NO. The following abbreviations, when used in the inscription on the face of this Bond, will be constructed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. RESOLUTION NO. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature Date of Registration Registered Owner of Registrar Cede & Co. Federal ID #13-2555119 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,920,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013B A.WHEREAS, the Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's $4,920,000 General Obligation Improvement Bonds, Series 2013B. B.WHEREAS, the City has retained Springsted Incorporated ("Springsted"), an independent financial consultant in connection with the issuance of the Bonds, and is therefore authorized by Minnesota Statutes, Section 475.60, subdivision 2(9) to negotiate the sale of the Bonds without complying with the public sale requirements of Minnesota Statutes, Chapter 475. C. WHEREAS, the Interim City Finance Director presented a tabulation of the proposals that had been received in the manner specified in the Notice of Sale for the Bonds. The proposals were as set forth in EXHIBIT A attached. BE IT RESOLVED By the City Council of the City of Brooklyn Center, Hennepin County, Minnesota (the "City") as follows: Section 1. Sale of Bonds. 1.01 Authorization. It is hereby determined that it is necessary and expedient for the City to issue $4,920,000 General Obligation Improvement Bonds, Series 2013B (the "Bonds") pursuant to Minnesota Statutes, Chapters 429 (the "Act") to provide financing for various improvements in the City (the "Improvements"). 1.02. Award to the Purchaser and Interest Rates. The proposal of (the "Purchaser") to purchase the Bonds of the City described in the Terms of Proposal is hereby found and determined to be the most favorable offer received and is hereby accepted, the proposal being to purchase the Bonds at a price of $ . The Bonds bear interest as follows: RESOLUTION NO. Year of Interest Year of Interest Maturity Rate Maturity Rate 2015 2020 2016 2021 2017 2022 2018 2023 2019 2024 1.03. Purchase Contract. Any original issue premium and any rounding amount shall be credited to the Debt Service Fund hereinafter created, or deposited in the Construction Fund under Section 3.01 hereof, as determined by the City's financial advisor and the City Finance Director. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Clerk are directed to execute a contract with the Purchaser on behalf of the City. 1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapters 429 and 475 (the "Act"), in the total principal amount of $4,920,000, originally dated the date of issuance, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2015 $885,000 2020 $510,000 2016 530,000 2021 515,000 2017 525,000 2022 510,000 2018 520,000 2023 205,000 2019 515,000 2024 205,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). 1.05. Optional Redemption. The City may elect on February 1, 2022, and on any day thereafter to prepay Bonds due on or after February 1, 2023. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 6 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. RESOLUTION NO. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 2014, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a)Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b)Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the 15th day of the month preceding each interest payment date and until that interest payment date. (c)Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d)Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine RESOLUTION NO. and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f)Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g)Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h)Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i)Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. RESOLUTION NO. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Finance Director and executed on behalf of the City by the signatures of the Mayor and the City Clerk, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Finance Director will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. 2.07. Form of Bonds. The Bonds will be printed or typewritten in substantially the following form attached hereto as Exhibit B. 2.08. Approving Legal Opinion. The City Clerk will obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. Section 3. Payment; Security; Pledges and Covenants. RESOLUTION NO. 3.01 Debt Service Fund. (a) The Bonds are payable from the General Obligation Improvement Bonds, Series 2013B Debt Service Fund (the "Debt Service Fund") hereby created, and the proceeds of general taxes hereinafter levied (the "Taxes"), and special assessments (the "Assessments") levied or to be levied for the Improvements are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance Director is directed to pay such principal or interest from other funds of the City, and such fund will be reimbursed for those advances out of the proceeds of Assessments and Taxes when collected. There is appropriated to the Debt Service Fund any accrued interest and any rounding amount and any original issue premium, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03. (b) Construction Fund. The proceeds of the Bonds, less the appropriations made in paragraph (a), together with any other funds appropriated for the Improvements and Assessments collected during the construction of the Improvements will be deposited in a separate construction fund (the "Construction Fund") to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvement. Any balance remaining in the Construction Fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act. When the Improvements are completed and the cost thereof paid, the Construction Fund is to be closed and subsequent collections of Assessments for the Improvements are to be deposited in the Debt Service Fund. 3.02. City Covenants. The City hereby covenants with the holders from time to time of the Bonds as follows: (a)It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and that at least 20% of the costs of the Improvements to the City will be paid by Assessments. The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2014 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b)In the event of any current or anticipated deficiency in Assessments and Taxes, the City Council will levy ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments and Taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and the balance of unpaid Assessments. RESOLUTION NO. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 3.03. Pledge of Tax Levy. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax (the "Taxes") upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of collection: Year Levy (See EXHIBIT B) It is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least 5% in excess of the amount needed to meet when due the principal and interest payments on the Bonds. 3.04. Certification to County Auditor as to Debt Service Fund Amount. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the City Clerk may certify to the County Auditor of Hennepin County the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 3.05. County Auditor's Certificates as to Registration and Tax Levy. The City Clerk is authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County and to obtain their certificates required by Minnesota Statutes, Section 475.63, that the Bonds have been entered in their register and the tax levy required by law has been made. Section 4. Authentication of Transcript. 4.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. RESOLUTION NO. 4.02 Certification as to Official Statement. The Mayor and City Clerk are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 5. Tax Covenant. 5.01. Tax-Exempt Bonds The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 5.02. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or facilities financed by the Bonds or to cause or permit them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 5.03. Not Qualified Tax-Exempt Obligations. The Bonds are not "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code. 5.04 No Rebate Required. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. (b) For purposes of qualifying for the small-issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000, within the meaning of Section 148(f)(4)(C) of the Code. Section 6. Book-Entry System; Limited Obligation of City. 6.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in RESOLUTION NO. this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 6.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Clerk of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Clerk will promptly deliver a copy of the same to the Registrar and Paying Agent. 6.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 6.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving RESOLUTION NO. notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 6.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 7. Continuing Disclosure. 7.01. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate on file with the City Clerk, as it may be amended from time to time in accordance with the terms thereof. The Mayor and City Clerk are hereby directed to execute the Continuing Disclosure Certificate on behalf of the City. 7.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under the Continuing Disclosure Certificate. Section 8. Defeasance. 8.01. Pledges, Covenants, and Other Rights to Cease. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. RESOLUTION NO. November 25, 2013 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. EXHIBIT A PROPOSALS RESOLUTION NO. EXHIBIT B FORM OF BOND No. R- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2013B Date of Rate Maturity Original Issue CUSIP February 1, 20 , 2013 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Brooklyn Center, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum set forth above on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 2014, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2022, and on any day thereafter to prepay Bonds due on or after February 1, 2023. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify Depository Trust Company ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. This Bond is one of an issue in the aggregate principal amount of $4,920,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and RESOLUTION NO. interest rate, all issued pursuant to a resolution adopted by the City Council on November 25, 2013 (the "Resolution"), for the purpose of providing money to finance the construction of various improvements in the City pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 429 and 475, and the principal hereof and interest hereon are payable from special assessments levied against property specially benefited by local improvements and from ad valorem taxes as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. RESOLUTION NO. IN WITNESS WHEREOF, the City of Brooklyn Center, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Clerk and has caused this Bond to be dated as of the date set forth below. Dated: , 2013 CITY OF BROOKLYN CENTER, MINNESOTA (Facsimile) (Facsimile) City Clerk Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative RESOLUTION NO. The following abbreviations, when used in the inscription on the face of this Bond, will be constructed as though they were written out in full according to applicable laws Or regulations: TEN COM -- as tenants in common UNIF GIFT MIN ACT Custodian (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. RESOLUTION NO. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature Date of Registration Registered Owner of Registrar Cede & Co. Federal ID #13-2555119 Collection Year Le Amount 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 RESOLUTION NO. EXHIBIT C TAX LEVY SCHEDULE RESOLUTION NO. STATE OF MINNESOTA CITY OF BROOKLYN CENTER ) HENNEPIN COUNTY I, the undersigned, being the duly qualified and acting City Clerk of the City of Brooklyn Center (the "City"), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on November 25, 2013 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $4,920,000 General Obligation Improvement Bonds, Series 2013B of the City. WITNESS my hand officially as such City Clerk this day of 2013. City Clerk PROPOSAL SALE DATE: November 25, 2013 TO: Mr. Nathan Reinhardt, Finance Director City of Brooklyn Center, Minnesota do Springsted Incorporated 380 Jackson Street, Suite 300 St. Paul, MN 55101-2887 Phone: (651) 223-3000 Fax: (651) 223-3046 RE: $5,660,000* Taxable General Obligation Tax Increment Bonds, Series 2013A For the Series 2013A Bonds of this Issue which shall mature and bear interest at the respective annual rates, as follow, we offer a price of $ (which may not be less than $5,614,720) plus accrued interest, if any, to the date of delivery. Interest Dollar Interest Dollar Year Rate (%) Yield (%) Price Year Rate (%) Yield (%) Price 2015 % % % 2019 % % 2016 % % ok 2020 ok % % 2017 % % % 2021 ok % ok 2018 % % % 2022 cio % Designation of Term Maturities Years of Term Maturities The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Series 2013A Bonds or the amount of any maturity in multiples of $5,000. In the event the amount of any maturity is modified, the aggregate purchase price will be adjusted to result in the same gross spread per $1,000 of Series 2013A Bonds as that of the original proposal. Gross spread is the differential between the price paid to the City for the new issue and the prices at which the securities are initially offered to the investing public. In making this offer we accept all of the terms and conditions of the Terms of Proposal published in the Official Statement dated November 13, 2013. In the event of failure to deliver these Series 2013A Bonds in accordance with the Terms of Proposal as printed in the Official Statement and made a part hereof, we reserve the right to withdraw our offer, whereupon the deposit accompanying it will be immediately returned. All blank spaces of this offer are intentional and are not to be construed as an omission. Not as a part of our offer, the above quoted prices being controlling, but only as an aid for the verification of the offer, we have made the following computations: NET INTEREST COST: $ TRUE INTEREST RATE: The Bidder 0 will not 0 will purchase municipal bond insurance from Account Members Account Manager By: Phone: The foregoing proposal has been accepted by the City. Attest: Date: SURE-BID Wire Transfer Good Faith Check PROPOSAL SALE DATE: November 25, 2013 TO: Mr. Nathan Reinhardt, Finance Director City of Brooklyn Center, Minnesota c/o Springsted Incorporated 380 Jackson Street, Suite 300 St. Paul, MN 55101-2887 Phone: (651) 223-3000 Fax: (651) 223-3046 RE: $4,920,000* General Obligation Improvement Bonds, Series 2013B For the Series 2013B Bonds of this Issue which shall mature and bear interest at the respective annual rates, as follow, we offer a price of $ (which may not be less than $4,875,720) plus accrued interest, if any, to the date of delivery. Year Interest Rate (%)Yield (%) Dollar Price Year Interest Rate (%)Yield (%) Dollar Price 2015 %%%2020 %%% 2016 %%ok 2021 ok %% 2017 %%ok 2022 %%ok 2018 ok %ok 2023 (yo % 2019 %%%2024 %%% Designation of Term Maturities Years of Term Maturities The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Series 2013B Bonds or the amount of any maturity in multiples of $5,000. In the event the amount of any maturity is modified, the aggregate purchase price will be adjusted to result in the same gross spread per $1,000 of Series 2013B Bonds as that of the original proposaL Gross spread is the differential between the price paid to the City for the new issue and the prices at which the securities are initially offered to the investing public. In making this offer we accept all of the terms and conditions of the Terms of Proposal published in the Official Statement dated November 13, 2013. In the event of failure to deliver these Series 2013B Bonds in accordance with the Terms of Proposal as printed in the Official Statement and made a part hereof, we reserve the right to withdraw our offer, whereupon the deposit accompanying it will be immediately returned. All blank spaces of this offer are intentional and are not to be construed as an omission. Not as a part of our offer, the above quoted prices being controlling, but only as an aid for the verification of the offer, we have made the following computations: NET INTEREST COST: $ TRUE INTEREST RATE: The Bidder 0 will not 0 will purchase municipal bond insurance from Account Members Account Manager By: Phone: The foregoing proposal has been accepted by the City. Attest: Date: SURE-BID Wire Transfer Good Faith Check OFFICIAL STATEMENT DATED NOVEMBER 13, 2013 NEW ISSUE Standard & Poor's Ratings: Requested BANK QUALIFIED (SERIES 2013B) Interest on the Series 2013A Bonds is included in gross income for purposes of United States and State of Minnesota income tax. (See "Taxability of Interest — Series 2013A Bonds" herein.) In the opinion of Kennedy & Graven, Chartered, Bond Counsel, based on present federal and Minnesota laws, regulations, rulings and decisions (which excludes any pending legislation which may have a retroactive effect) and, assuming compliance with certain covenants, interest to be paid on the Series 2013B Bonds is excluded from gross income for federal income tax purposes and, to the same extent, is excluded from taxable net income of individuals, estates, or trusts for Minnesota income tax purposes, and is not a preference item for purposes of computing the federal alternative minimum tax or the Minnesota alternative minimum tax imposed on individuals, trusts, and estates. Such interest is taken into account in determining adjusted current eamings for the purpose of computing the federal alternative minimum tax imposed on certain corporations and is subject to Minnesota franchise taxes on certain corporations (including financial institutions) measured by income. No opinion will be expressed by Bond Counsel regarding the other state or federal tax consequences caused by the receipt or accrual of Interest on the Series 2013B Bonds or arising with respect to ownership of the Series 2013B Bonds.See "TAX EXEMPTION — Series 2013B Bonds" herein. City of Brooklyn $6,090,000* Taxable General Obligation Tax Increment Bonds, Series 2013A (the "Series 2013A Bonds") Center, Minnesota $4,920,000* General Obligation Improvement Bonds, Series 2013B (the "Series 2013B Bonds") (Book Entry Only) Dated Date: Date of Delivery Interest Due: Each February 1 and August 1, commencing August 1, 2014 The Series 2013A Bonds will mature February 1 in the years and amounts* as follows: 2015 $260,000 2017 $270,000 2019 $330,000 2021 $2,140,000 2016 $265,000 2018 $275,000 2020 $335,000 2022$2,215,000 The Series 2013B Bonds will mature February 1 in the years and amounts* as follows: 2015 $885,000 2017 $525,000 2019 $515,000 2021 $515,000 2023 $205,000 2016 $530,000 2018 $520,0002020 $510,0002022 $510,000 2024 $205,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the respective maturity schedule set forth above. The Series 2013A Bonds will not be subject to payment in advance of their respective stated maturity dates. The City may elect on February 1, 2022, and on any day thereafter, to prepay Series 2013B Bonds due on or after February 1, 2023 at a price of par plus accrued interest. The Bonds are general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. Additional sources of security for the Bonds are discussed herein. A separate proposal must be submitted for each Issue in the amounts shown below, plus accrued interest, if any. Proposals shall specify rates in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity of each Issue must be 98.0% or greater. Proposals must be accompanied by a good faith deposit in the amounts shown below in the form of a certified or cashier's check payable to the order of the City, a wire transfer, or a Financial Surety Bond, and delivered to Springsted Incorporated prior to the time proposals will be opened. Award of the Bonds will be made on the basis of True Interest Cost (TIC). Minimum Bid Good Faith Deposit The Series 2013A Bonds $6,041,280 $60,900 The Series 2013B Bonds 4,875,720 49,200 The City will designate the Series 2013B Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, and the Series 2013B Bonds will not be subject to the alternative minimum tax for individuals. The Bonds will be issued as fully registered bonds without coupons and, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"). DTC will act as securities depository for the Bonds. Individual purchases may be made in book entry form only, in the principal amount of $5,000 and integral multiples thereof. Investors will not receive physical certificates representing their interest in the Bonds purchased. (See "Book Entry System" herein.) U.S. Bank National Association, St. Paul, Minnesota will serve as registrar (the "Registrar") for the Bonds. The Bonds will be available for delivery at DTC on or about December 19, 2013. PROPOSALS RECEIVED: November 25, 2013 (Monday) until 10:00 A.M. Central Time AWARD: November 25, 2013 (Monday) at 7:00 P.M., Central Time Springsted Further information may be obtained from SPRINGSTED Incorporated, Financial Advisor to the City, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101-2887 (651) 223-3000. * Preliminary . subject to change. For purposes of compliance with Rule 15c2-12 of the Securities and Exchange Commission, this document, as the same may be supplemented or corrected by the City from time to time (collectively, the "Official Statement"), may be treated as an Official Statement with respect to the Bonds described herein that is deemed final as of the date hereof (or of any such supplement or correction) by the City, except for the omission of certain information referred to in the succeeding paragraph. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. Any such addendum shall, on and after the date thereof, be fully incorporated herein and made a part hereof by reference. By awarding the Bonds to any underwriter or underwriting syndicate submitting a Proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded copies of the Official Statement and the addendum or addenda described in the preceding paragraph in the amount specified in the Terms of Proposal. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a Proposal with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. No dealer, broker, salesman or other person has been authorized by the City to give any information or to make any representations with respect to the Bonds, other than as contained in the Official Statement or the Final Official Statement, and if given or made, such other information or representations must not be relied upon as having been authorized by the City. Certain information contained in the Official Statement and the Final Official Statement may have been obtained from sources other than records of the City and, while believed to be reliable, is not guaranteed as to completeness or accuracy. THE INFORMATION AND EXPRESSIONS OF OPINION IN THE OFFICIAL STATEMENT AND THE FINAL OFFICIAL STATEMENT ARE SUBJECT TO CHANGE, AND NEITHER THE DELIVERY OF THE OFFICIAL STATEMENT OR THE FINAL OFFICIAL STATEMENT NOR ANY SALE MADE UNDER EITHER SUCH DOCUMENT SHALL CREATE ANY IMPLICATION THAT THERE HAS BEEN NO CHANGE IN THE AFFAIRS OF THE CITY SINCE THE DATE THEREOF. References herein to laws, rules, regulations, resolutions, agreements, reports and other documents do not purport to be comprehensive or definitive. All references to such documents are qualified in their entirety by reference to the particular document, the full text of which may contain qualifications of and exceptions to statements made herein. Where full texts of documents prepared by or on behalf of the City have not been included as appendices to the Official Statement or the Final Official Statement, they will be furnished on request. Any CUSIP numbers for the Bonds included in the Final Official Statement are provided for convenience of the owners and prospective investors. The CUSIP numbers for the Bonds have been assigned by an organization unaffiliated with the City. The City is not responsible for the selection of the CUSIP numbers and makes no representation as to the accuracy thereof as printed on the Bonds or as set forth in the Final Official Statement. No assurance can be given that the CUSIP numbers for the Bonds will remain the same after the date of issuance and delivery of the Bonds. TABLE OF CONTENTS Pacie(s) Terms of Proposal: $5,660,000* Taxable General Obligation Tax Increment Bonds, Series 2013A i-v $4,920,000* General Obligation Improvement Bonds, Series 2013B vi-x Introductory Statement 1 Continuing Disclosure 1 The Bonds 2 The Series 2013A Bonds 4 The Series 2013B Bonds 5 Future Financing 6 Litigation 6 Legality 6 Taxability of Interest — The Series 2013A Bonds 6 Tax Exemption — The Series 2013B Bonds 7 Other Federal and State Tax Considerations 7 Bank-Qualified Tax-Exempt Obligations — The Series 2013B Bonds 8 Ratings 9 Financial Advisor 9 Certification 9 City Property Values 10 City Indebtedness 11 City Tax Rates, Levies and Collections 14 Funds on Hand 15 City Investments 15 General Information Concerning the City 17 Governmental Organization and Services 21 Proposed Forms of Legal Opinions Appendix I Continuing Disclosure Certificates Appendix II Summary of Tax Levies, Payment Provisions, and Minnesota Real Property Valuation Appendix III Excerpt of 2012 Comprehensive Annual Financial Report Appendix IV Preliminary; subject to change. THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $6,090,000* CITY OF BROOKLYN CENTER, MINNESOTA TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2013A (BOOK ENTRY ONLY) Proposals for the Series 2013A Bonds and the Good Faith Deposit ("Deposit") will be received on Monday, November 25, 2013, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Series 2013A Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Series 2013A Bonds regardless of the manner in which the Proposal is submitted. (a)Sealed Bidding. Proposals may be submitted in •a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b)Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY'. For purposes of the electronic bidding process, the time as maintained by PARITY ® shall constitute the official time with respect to all Bids submitted to PARITY ®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY ® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY ® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY ®. The City is using the services of PARITY ® solely as a communication mechanism to conduct the electronic bidding for the Series 2013A Bonds, and PARITY° is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY ®, this Terms of Proposal shall control. Further information about PARITY ®, including any fee charged, may be obtained from: PARITY", 1359 Broadway, 2 nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 Preliminary; subject to change. DETAILS OF THE SERIES 2013A BONDS The Series 2013A Bonds will be dated as of the date of delivery, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2014. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Series 2013A Bonds will mature February 1 in the years and amounts* as follows: 2015 $260,000 2017 $270,000 2019 $330,000 2021 $2,140,000 2016 $265,000 2018 $275,000 2020 $335,000 2022 $2,215,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce theprincipal amount of the Series 2013A Bonds or the amount of any maturity in multiples of $5,000. Inthe event the amount of any maturity is modified, the aggregate purchase price will be adjusted toresult in the same gross spread per $1,000 of Series 2013A Bonds as that of the original proposal.Gross spread is the differential between the price paid to the City for the new issue and the prices atwhich the securities are initially offered to the investing public. Proposals for the Series 2013A Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal form. BOOK ENTRY SYSTEM The Series 2013A Bonds will be issued by means of a book entry system with no physical distribution of Series 2013A Bonds made to the public. The Series 2013A Bonds will be issued in fully registered form and one Series 2013A Bond, representing the aggregate principal amount of the Series 2013A Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company (DTC"), New York, New York, which will act as securities depository of the Series 2013A Bonds. Individual purchases of the Series 2013A Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Series 2013A Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Series 2013A Bonds, will be required to deposit the Series 2013A Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Series 2013A Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Series 2013A Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge tax increment revenues derived from Tax Increment District No. 3 located in the City's Redevelopment Project Area No. 1. The proceeds will be used to finance the acquisition of land, certain demolition costs, and other eligible expenses to promote redevelopment activity within the City. TAXABILITY OF INTEREST The interest to be paid on the Series 2013A Bonds is included in gross income of the recipient for United States and State of Minnesota income tax purposes, and is subject to Minnesota Corporate and bank excise taxes measured by net income. BIDDING PARAMETERS Proposals shall be for not less than $6,041,280 plus accrued interest, if any, on the total principal amount of the Series 2013A Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Series 2013A Bonds is adjourned, recessed, or continued to another date without award of the Series 2013A Bonds having been made. Rates shall be in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity must be 98.0% or greater. Series 2013A Bonds of the same maturity shall bear a single rate from the date of the Series 2013A Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT Proposals, regardless of method of submission, shall be accompanied by a Deposit in the amount of $60,900, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit. Any Deposit made by certified or cashier's check should be made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101. Any Deposit sent via wire transfer should be sent to Springsted Incorporated as the City's agent according to the following instructions: Wells Fargo Bank, N.A., San Francisco, CA 94104 ABA #121000248 for credit to Springsted Incorporated, Account #635-5007954 Ref: Brooklyn Center, MN Series 2013A Good Faith Deposit Contemporaneously with such wire transfer, the bidder shall send an e-mail to bond services@sprinosted.com , including the following information; (i) indication that a wire transfer has been made, (ii) the amount of the wire transfer, (iii) the issue to which it applies, and (iv) the return wire instructions if such bidder is not awarded the Series 2013A Bonds. Any Deposit made by the successful bidder by check or wire transfer will be delivered to the City following the award of the Series 2013A Bonds. Any Deposit made by check or wire transfer by an unsuccessful bidder will be returned to such bidder following City action relative to an award of the Series 2013A Bonds. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota and pre-approved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Series 2013A Bonds are awarded to an underwriter using a Financial Surety Bond, then that underwriter is required to submit its Deposit to the City in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Series 2013A Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Series 2013A Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION The City has not applied for or pre-approved a commitment for any policy of municipal bond insurance with respect to the Series 2013A Bonds. If the Series 2013A Bonds qualify for municipal bond insurance and a bidder desires to purchase a policy, such indication, the maturities to be insured, and the name of the desired insurer must be set forth on the bidder's Proposal. The City specifically reserves the right to reject any bid specifying municipal bond insurance, even though such bid may result in the lowest TIC to the City. All costs associated with the issuance and administration of such policy and associated ratings and expenses (other than any independent rating requested by the City) shall be paid by the successful bidder. Failure of the municipal bond insurer to issue the policy after the award of the Series 2013A Bonds shall not constitute cause for failure or refusal by the successful bidder to accept delivery of the Series 2013A Bonds. CUSIP NUMBERS If the Series 2013A Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Series 2013A Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Series 2013A Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT On or about December 19, 2013, the Series 2013A Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Series 2013A Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Series 2013A Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Series 2013A Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Series 2013A Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Series 2013A Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Series 2013A Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Series 2013A Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Series 2013A Bonds, as that term is defined in Rule 15c2-12. By awarding the Series 2013A Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Series 2013A Bonds are awarded up to 25 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Series 2013A Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Series 2013A Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Series 2013A Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated November 12, 2013 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson City Clerk THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $4,920,000* CITY OF BROOKLYN CENTER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013B (BOOK ENTRY ONLY) Proposals for the Series 2013B Bonds and the Good Faith Deposit ("Deposit") will be received on Monday, November 25, 2013, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Series 2013B Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Series 2013B Bonds regardless of the manner in which the Proposal is submitted. (a)Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b)Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY'S'. For purposes of the electronic bidding process, the time as maintained by PARITY ® shall constitute the official time with respect to all Bids submitted to PARITY ®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY ® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY ® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY ® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY ®. The City is using the services of PARITY ® solely as a communication mechanism to conduct the electronic bidding for the Series 2013B Bonds, and PARITY ® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY ®, this Terms of Proposal shall control. Further information about PARITY °, including any fee charged, may be obtained from: PARITY°, 1359 Broadway, 2 nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 Preliminary; subject to change. - vi - DETAILS OF THE SERIES 2013B BONDS The Series 2013B Bonds will be dated as of the date of delivery, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2014. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Series 2013B Bonds will mature February 1 in the years and amounts* as follows: 2015 $885,000 2017 $525,000 2019 $515,000 2021 $515,000 2023 $205,000 2016 $530,000 2018 $520,000 2020$510,000 2022 $510,000 2024 $205,000 The City reseives the right, after proposals are opened and prior to award, to increase or reduce theprincipal amount of the Series 2013B Bonds or the amount of any maturity in multiples of $5,000. Inthe event the amount of any maturity is modified, the aggregate purchase price will be adjusted toresult in the same gross spread per $1,000 of Series 2013B Bonds as that of the original proposal. Gross spread is the differential between the price paid to the City for the new issue and the prices at which the securities are initially offered to the investing public. Proposals for the Series 2013B Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal form. BOOK ENTRY SYSTEM The Series 2013B Bonds will be issued by means of a book entry system with no physical distribution of Series 2013B Bonds made to the public. The Series 2013B Bonds will be issued in fully registered form and one Series 2013B Bond, representing the aggregate principal amount of the Series 2013B Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Series 2013B Bonds. Individual purchases of the Series 2013B Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Series 2013B Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners.. The purchaser, as a condition of delivery of the Series 2013B Bonds, will be required to deposit the Series 2013B Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2022, and on any day thereafter, to prepay Series 2013B Bonds due on or after February 1, 2023. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Series 2013B Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Series 2013B Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties. The proceeds will be used to finance various street reconstruction projects in the City. BIDDING PARAMETERS Proposals shall be for not less than $4,875,720 plus accrued interest, if any, on the total principal amount of the Series 2013B Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Series 2013B Bonds is adjourned, recessed, or continued to another date without award of the Series 2013B Bonds having been made. Rates shall be in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity must be 98.0% or greater. Series 2013B Bonds of the same maturity shall bear a single rate from the date of the Series 2013B Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT Proposals, regardless of method of submission, shall be accompanied by a Deposit in the amount of $49,200, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit. Any Deposit made by certified or cashier's check should be made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101. Any Deposit sent via wire transfer should be sent to Springsted Incorporated as the City's agent according to the following instructions: Wells Fargo Bank, N.A., San Francisco, CA 94104 ABA #121000248 for credit to Springsted Incorporated, Account #635-5007954 Ref: Brooklyn Center, MN Series 2013B Good Faith Deposit Contemporaneously with such wire transfer, the bidder shall send an e-mail to bond services(@sprinqsted.com , including the following information; (i) indication that a wire transfer has been made, (ii) the amount of the wire transfer, (iii) the issue to which it applies, and (iv) the return wire instructions if such bidder is not awarded the Series 2013B Bonds. Any Deposit made by the successful bidder by check or wire transfer will be delivered to the City following the award of the Series 2013B Bonds. Any Deposit made by check or wire transfer by an unsuccessful biqder will be returned to such bidder following City action relative to an award of the Series 2013B Bonds. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota and pre-approved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Series 2013B Bonds are awarded to an underwriter using a Financial Surety Bond, then that underwriter is required to submit its Deposit to the City in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. - viii - The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Series 2013B Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Series 2013B Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION The City has not applied for or pre-approved a commitment for any policy of municipal bond insurance with respect to the Series 2013B Bonds. If the Series 2013B Bonds qualify for municipal bond insurance and a bidder desires to purchase a policy, such indication, the maturities to be insured, and the name of the desired insurer must be set forth on the bidder's Proposal. The City specifically reserves the right to reject any bid specifying municipal bond insurance, even though such bid may result in the lowest TIC to the City. All costs associated with the issuance and administration of such policy and associated ratings and expenses (other than any independent rating requested by the City) shall be paid by the successful bidder. Failure of the municipal bond insurer to issue the policy after the award of the Series 2013B Bonds shall not constitute cause for failure or refusal by the successful bidder to accept delivery of the Series 2013B Bonds. CUSIP NUMBERS If the Series 2013B Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Series 2013B Bonds, but neither the failure to print such numbers on any Series 2013B Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Series 2013B Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT On or about December 19, 2013, the Series 2013B Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Series 2013B Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Series 2013B Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Series 2013B Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Series 2013B Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Series 2013B Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Series 2013B Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Series 2013B Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Series 2013B Bonds, as that term is defined in Rule 15c2-12. By awarding the Series 2013B Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Series 2013B Bonds are awarded up to 25 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Series 2013B Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Series 2013B Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Series 2013B Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated November 12, 2013 BY ORDER OF THE CITY COUNCIL /s/ Sharon Knutson City Clerk OFFICIAL STATEMENT CITY OF BROOKLYN CENTER, MINNESOTA $6,090,000* TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2013A $4,920,000* GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013B (BOOK ENTRY ONLY) INTRODUCTORY STATEMENT This Official Statement contains certain information relating to the City of Brooklyn Center, Minnesota (the "City" or the "Issuer") and its issuance of $6,090,000* Taxable General Obligation Tax Increment Bonds, Series 2013A (the "Series 2013A Bonds"); and $4,920,000* General Obligation Improvement Bonds, Series 2013B (the "Series 2013B Bonds"), collectively referred to as the "Bonds." The Bonds are general obligations of the City for which it pledges its full faith and credit and power to levy direct general ad valorem taxes. Additional sources of security for the Bonds are discussed herein. Inquiries may be directed to Mr. Gregory L. Andrews, Interim Finance Director or Mr. Nathan Reinhardt, Finance Director effective November 21, 2013, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, by telephoning (763) 569-3320, or by e-mailing oandrews@ci.brooklyn-centermn.us or nreinhardtci.brooklvn-center.mn.us . Inquiries may also be made to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101-2887, by telephoning (651) 223-3000, or by e-mailing bond servicessprinqsted.com . CONTINUING DISCLOSURE In order to assist the Underwriters in complying with SEC Rule 15c2-12 promulgated by the Securities and Exchange Commission, pursuant to the Securities Exchange Act of 1934, as the same may be amended from time to time, and official interpretations thereof (the "Rule"), pursuant to the Award Resolutions, the City has entered into an undertaking (the "Undertaking") for the benefit of holders including beneficial owners of the Bonds to provide certain financial information and operating data relating to the City to the Municipal Securities Rulemaking Board annually, and to provide notices of the occurrence of certain events enumerated in the Rule to the Municipal Securities Rulemaking Board. The specific nature of the Undertaking, as well as the information to be contained in the annual report or the notices of material events is set forth in the Continuing Disclosure Certificate to be executed and delivered by the City at the time the Bonds are delivered in substantially the form attached hereto as Appendix II. Pursuant to Rule 15c2-12(f)(3), the City certifies that for the past five years it has complied in all material respects with all previous undertakings entered into pursuant to the Rule. A failure by the City to comply with the Undertaking will not constitute an event of default on the Bonds (although holders will have any available remedy at law or in equity to cause the City to comply with the Undertaking). Nevertheless, such a failure must be reported in accordance with the Rule and must be considered by any broker, dealer or municipal securities dealer before recommending the purchase or sale of the Bonds in the secondary market. Consequently, such a failure may adversely affect the transferability and liquidity of the Bonds and their market price. -1- Preliminaty; subject to change. THE BONDS General Description The Bonds are dated as of the date of delivery and will mature annually on February 1, as set forth on the front cover of this Official Statement. The Bonds are being issued in book entry form. Interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 2014. Interest on the Bonds will be payable to the holder (initially Cede & Co.) registered on the books of the Registrar as of the fifteenth day of the calendar month next preceding such interest payment date. Principal of and interest on the Bonds will be paid as described in the section herein entitled "Book Entry System." U.S. Bank National Association, St. Paul, Minnesota will serve as Registrar for the Bonds. The City will pay for registration services. Optional Redemption The Series 2013A Bonds will not be subject to payment in advance of their respective stated maturity dates. The City may elect on February 1, 2022, and on any day thereafter, to prepay Series 2013B Bonds due on or after February 1, 2023. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all the Series 2013B Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Thirty days' written notice of redemption shall be given to the registered owner(s) of the Series 2013B Bonds. Failure to give such written notice to any registered owner of the Series 2013B Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Series 2013B Bonds. All Series 2013B Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Book Entry System The Depository Trust Company ("DTC"), New York, New York, will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully-registered certificate will be issued for each maturity of each series of the Bonds, each in the aggregate principal amount of such maturity, and will be deposited with DTC. DTC, the world's largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions -2- in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC"). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). DTC has a Standard & Poor's rating of AA+. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com . Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC's records. The ownership interest of each actual purchaser of each Bond ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Bonds, except in the event that use of the book-entry system for the Bonds is discontinued. To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not affect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Bonds, such as redemptions, tenders, defaults, and proposed amendments to the Bond documents. For example, Beneficial Owners of the Bonds may wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them. Redemption notices shall be sent to DTC. If less than all of the Bonds within a maturity are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to the Bonds unless authorized by a Direct Participant in accordance with DTC's MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting -3- rights to those Direct Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Redemption proceeds, distributions, and dividend payments on the Bonds will be made to Cede & Co. or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from City or its agent on the payable date in accordance with their respective holdings shown on DTC's records. Paynrents by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, agent, or City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of City or agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. A Beneficial Owner shall give notice to elect to have its Bonds purchased or tendered, through its Participant, to agent, and shall effect delivery of such Bonds by causing the Direct Participant to transfer the Participant's interest in the Bonds, on DTC's records, to agent. The requirement for physical delivery of Bonds in connection with an optional tender or a mandatory purchase will be deemed satisfied when the ownership rights in the Bonds are transferred by Direct Participants on DTC's records and followed by a book-entry credit of tendered Bonds to agent's DTC account. DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to City or agent. Under such circumstances, in the event that a successor depository is not obtained, certificates are required to be printed and delivered. City may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, certificates will be printed and delivered to DTC. The information in this section concerning DTC and DTC's book-entry system has been obtained from sources that the City believes to be reliable, but the City takes no responsibility for the accuracy thereof. THE SERIES 2013A BONDS Authority and Purpose The Series 2013A Bonds are being issued pursuant to Minnesota Statutes, Chapters 469 and 475. Proceeds of the Series 2013A Bonds will be used to finance the acquisition of land, certain demolition costs, and other eligible expenses to promote redevelopment activity within the City. Sources and Uses of Funds The composition of the Series 2013A Bonds is estimated to be as follows: Sources of Funds: Principal Amount $6,090,000 Total Sources of Funds $6,090,000 Uses of Funds: Deposit to Project Fund $6,000,000 Allowance for Discount Bidding 48,720 Costs of Issuance 41,280 Total Uses of Funds $6,090,000 Security and Financing The Series 2013A Bonds are general obligations of the City for which the City pledges its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge tax increment revenues derived from Tax Increment District No. 3 located in the City's Redevelopment Project Area No. 1. Each year's collection of tax increment revenues, if collected in full, will be sufficient to pay 105% of the interest payment due August 1 in the collection year and the principal and interest payment due February 1 of the following year. The City does not anticipate the need to levy taxes for repayment of the Series 2013A Bonds. THE SERIES 2013B BONDS Authority and Purpose The Series 2013B Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. Proceeds of the Series 2013B Bonds will be used to finance various street reconstruction projects within the City. Sources and Uses of Funds The composition of the Series 2013B Bonds is estimated to be as follows: Sources of Funds: Principal Amount $4,920,000 Total Sources of Funds $4,920,000 Uses of Funds: Deposit to Project Fund $4,836,158 Allowance for Discount Bidding 44,280 Costs of Issuance 39,562 Total Uses of Funds $4,920,000 Security and Financing The Series 2013B Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City pledges special assessments against benefited properties for repayment of the Series 2013B Bonds. Special assessments have been filed and substantial prepayments have been received. The remaining assessment balance of approximately $1,651,000 will be collected over a term of ten years with equal annual payments of principal. Interest on the unpaid balance will be charged at an interest rate of 6.0%. The City will make its first levy for the Series 2013B Bonds in 2013 for collection in 2014. Each year's collection of taxes and special assessments, if collected in full, will be sufficient to pay 105% of the interest payment due August 1 in the collection year and the principal and interest payment due February 1 of the following year. FUTURE FINANCING The City does not anticipate issuing any additional long-term general obligation debt within the next 90 days. LITIGATION The City is not aware of any threatened or pending litigation affecting the validity of the Bonds or the City's ability to meet its financial obligations. LEGALITY The Bonds are subject to approval as to certain matters by Kennedy & Graven, Chartered, of Minneapolis, Minnesota, as Bond Counsel for the City. Bond Counsel has not participated in the preparation of this Official Statement, except for the following "TAXABILITY OF INTEREST — THE SERIES 2013A BONDS" and "TAX EXEMPTION — THE SERIES 2013B BONDS" sections, and will not pass upon its accuracy, completeness, or sufficiency. Bond Counsel has neither examined nor attempted to examine or verify any of the financial or statistical statements, or data contained in this Official Statement, and will express no opinion with respect thereto. Legal opinions in substantially the forms set out in Appendix I to this Official Statement will be delivered at closing. TAXABILITY OF INTEREST THE SERIES 2013A BONDS The interest to be paid on the Series 2013A Bonds is included in gross income of the recipient for United States and State of Minnesota income tax purposes, and is subject to Minnesota corporate and bank excise taxes measured by income. TAX EXEMPTION — THE SERIES 2013B BONDS At closing Kennedy & Graven, Chartered, of Minneapolis, Minnesota, Bond Counsel, will render an opinion that, at the time of their issuance and delivery to the original purchaser, under present federal and State of Minnesota laws, regulations, rulings and decisions (which excludes any pending legislation which may have a retroactive effect), the interest on each Bond is excluded from gross income for purposes of United States income tax and is excluded, to the same extent, from taxable net income of individuals, estates and trusts for Minnesota income purposes, and is not a preference item for purposes of computing the federal alternative minimum tax or the Minnesota alternative minimum tax imposed on individuals, trusts, and estates. Such interest is taken into account in determining adjusted current earnings for the purpose of computing the federal alternative minimum tax imposed on certain corporations and is subject to Minnesota franchise taxes on corporations (including financial institutions) measured by income. No opinion will be expressed by Bond Counsel regarding other federal or state tax consequences caused by the receipt or accrual of interest on the Series 2013B Bonds or arising with respect to ownership of the Series 2013B Bonds. Preservation of the exclusion of interest on the Series 2013B Bonds from federal gross income and state gross and taxable net income, however, depends upon compliance by the City with all requirements of the Internal Revenue Code of 1986, as amended, (the "Code") that must be satisfied subsequent to the issuance of the Series 2013B Bonds in order that interest thereon be (or continue to be) excluded from federal gross income and state gross and taxable net income. The City will covenant to comply with requirements necessary under the Code to establish and maintain the Series 2013B Bonds as tax-exempt under Section 103 thereof, including without limitation, requirements relating to temporary periods for investments and limitations on amounts invested at a yield greater than the yield on the Series 2013B Bonds. OTHER FEDERAL AND STATE TAX CONSIDERATIONS Property and Casualty Insurance Companies Property and casualty insurance companies are required to reduce the amount of their loss reserve deduction by 15% of the amount of tax-exempt interest received or accrued during the taxable year on certain obligations, including interest on the Bonds. Foreign Insurance Companies Foreign companies carrying on an insurance business in the United States are subject to a tax on income which is effectively connected with their conduct of any trade or business in the United States, including "net investment income." Net investment income includes tax-exempt interest such as interest on the Bonds. Branch Profits Tax A foreign corporation is subject to a branch profits tax equal to 30% of the "dividend equivalent amount" for the taxable year. The "dividend equivalent amount" is the foreign corporation's "effectively connected earnings and profits" adjusted for increase or decrease in "U.S. net equity." A branch's earnings and profits may include tax-exempt municipal bond interest, such as interest on the Bonds. -7- Passive Investment Income of S Corporations Passive investment income, including interest on the Bonds, may be subject to federal income taxation under Section 1375 of the Code for an S corporation that has Subchapter C earnings and profits at the close of the taxable year if more than 25% of the gross receipts of such S corporation is passive investment income. Financial Institutions Financial institutions are generally not entitled to a deduction for interest expenses allocable to the owners of tax-exempt obligations purchased after August 7, 1986. The City will designate the Bonds as qualified tax-exempt obligations pursuant to Section 265(b)(3) of the Code. Future Tax Legislation The exclusion of interest on the Bonds from gross income for federal income tax purposes and the exclusion of interest on the Bonds from the net taxable income of individuals, estates, and trusts for State income tax purposes is not mandated or guaranteed by the United States Constitution or the Minnesota Constitution. Accordingly, federal laws providing that interest on the obligations of the states and the political subdivisions of the states is excluded from gross income for federal income tax purposes and Minnesota laws providing that interest on the obligations of the State is excluded, to the same extent, from the net taxable income of individuals, estates, and trusts for State income tax purposes may be subject to change. In the event federal or Minnesota law is amended in a manner that results in interest on the Bonds becoming subject to federal or Minnesota income taxation, or if federal or Minnesota income tax rates are reduced, the market value of the Bonds may be adversely affected. Bond Counsel's opinion is given as of its date and Bond Counsel assumes no obligation to update, revise, or supplement such opinion to reflect any changes in facts or circumstances or any changes in law that may hereafter occur. General The preceding is not a comprehensive list of all federal or State tax consequences which may arise from the receipt or accrual of interest on the Bonds. The receipt or accrual of interest on the Bonds may otherwise affect the federal income tax (or Minnesota income tax or franchise tax) liability of the recipient based on the particular taxes to which the recipient is subject and the particular tax status of other items of income or deductions. All prospective purchasers of the Bonds are advised to consult their own tax advisors as to the tax consequences of, or tax considerations for, purchasing or holding the Bonds. BANK-QUALIFIED TAX-EXEMPT OBLIGATIONS — THE SERIES 2013B BONDS The City will designate the Series 2013B Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, relating to the ability of financial institutions to deduct from income for federal income tax purposes, interest expense that is allocable to carrying and acquiring tax-exempt obligations. RATINGS Application for ratings of the Bonds has been made to Standard & Poor's Ratings Services ("Standard & Poor's"), 55 Water Street, New York, New York. If ratings are assigned, they will reflect only the opinions of Standard & Poor's. Any explanation of the significance of the ratings may be obtained only from Standard & Poor's. There is no assurance that the ratings, if assigned, will continue for any given period of time, or that such ratings will not be revised or withdrawn if, in the judgment of Standard & Poor's, circumstances so warrant. A revision or withdrawal of the ratings may have an adverse effect on the market price of the Bonds. FINANCIAL ADVISOR The City has retained Springsted Incorporated, Public Sector Advisors, of St. Paul, Minnesota, as financial advisor (the "Financial Advisor") in connection with the issuance of the Bonds. In preparing the Official Statement, the Financial Advisor has relied upon governmental officials, and other sources, who have access to relevant data to provide accurate information for the Official Statement, and the Financial Advisor has not been engaged, nor has it undertaken, to independently verify the accuracy of such information. The Financial Advisor is not a public accounting firm and has not been engaged by the City to compile, review, examine or audit any information in the Official Statement in accordance with accounting standards. The Financial Advisor is an independent advisory firm and is not engaged in the business of underwriting, trading or distributing municipal securities or other public securities and therefore will not participate in the underwriting of the Bonds. CERTIFICATION The City has authorized the distribution of this Official Statement for use in connection with the initial sale of the Bonds. As of the date of the settlement of the Bonds, the Purchaser(s) will be furnished with a certificate signed by the appropriate officers of the City. The certificate will state that the Official Statement did not and does not, as of the date of the certificate, contain any untrue statement of material fact or omit to state a material fact necessary, in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. CITY PROPERTY VALUES Trend of Values(a) Assessment/ Assessor's Market Value Collection Estimated Sales Economic Homestead Taxable Taxable Net Year Market Value Ratio(b)Market Value(c)Exclusion Market Value Tax Capacity 2013114(d) N/A N/A N/A N/A $1,331,311,894 N/A 2012/13 $1,524,919,100 N/A N/A $180,200,766 1,338,405,415 $19,827,575 2011/12 1,649,467,100 100.2%$1,646,174,750 179,157,923 1,468,159,885 21,320,986 2010/11 1,697,804,900 104.3 1,627,809,108 N/A 1,692,594,600 23,317,934 2009/10 1,897,043,600 N/A N/A N/A 1,891,591,400 24,962,341 2008/09 2,094,106,200 N/A N/A N/A 2,087,517,800 25,241,871 (a)For a description of the Minnesota property tax system, see Appendix Ill. (b)Sales Ratio Study for the year of assessment as posted by the Minnesota Department of Revenue, http://www.revenue.state.mn.us/propertytax/Pages/statistics-imv.aspx . These ratios did not exist prior to 2010/11. (C) Economic market value equals the assessor's estimated market value divided by the sales ratio. These valuations cannot be calculated for years prior to 2010/11. (d) 2013/14 valuations are preliminaty and are subject to change as posted by Hennepin County, Minnesota, http://www.co.henneoin.mn.us . Source: Hennepin County, October 2013, except as othetwise noted. 2012/13 Taxable Net Tax Capacity: $19,827,575 Real Estate: Residential Homestead Commercial/Industrial, Railroad and Public Utility Residential Non-Homestead, Agriculture, and Other Personal Property 2012/13 Net Tax Capacity Less: Captured Tax Increment Contribution to Fiscal Disparities Plus: Distribution from Fiscal Disparities 2012/13 Taxable Net Tax Capacity Ten of the Largest Taxpayers in the City $ 7,774,142 44.5% 7,342,600 42.0 2,012,274 11.5 358,867 2.0 $17,487,883 100.0% (2,169,035) (2,335,813) 6,844,540 $19,827,575 Ta)cpayer. The Molasky Group of COS BCC Associates LLC Medtronic Inc. Brookdale Corner LLC TLN Lanel Ltd Partnership AX RER L.P. Target Corporation G B Homes LLC The Luther Company LLC Wings Financial Credit Union Total Type of Property FBI Regional Headquarters Apartments Industrial Retail Apartments Real Estate Retail Custom Home Builders Car Dealer Credit Union 2012/13 Net Tax Capacity $ 455,050 225,250 192,250 188,250 169,000 167,250 160,250 147,800 144,050 140,810 $1,989,960* * Represents 10.0% of the City's 2012/13 taxable net tax capacity. - 10 - Date Original of Issue Amount 3-8-10 $2,350,000 Purpose Utility Revenue Final Maturity 2-1-2025 Est. Principal Outstanding As of 12-19-13 $1,940,000 CITY INDEBTEDNESS Legal Debt Limit * Legal Debt Limit (3% of Estimated Market Value)$45,747,573 Less: Outstanding Direct Debt Subject to Limit -0- Legal Debt Margin as of December 19, 2013 $45,747,573 The legal debt margin is referred to statutorily as the "Net Debt Limit" and permits debt to be offset by debt service funds and current revenues which are applicable to the payment of debt in the current fiscal year. No such offset has been used to increase the margin as shown above. NOTES: Certain types of debt are not subject to the legal debt limit. See Appendix IV— Debt Limitations. The 2013 Minnesota Legislature clarified the definition of estimated market value and established it as the basis for the calculation of the Net Debt Limit. A large contributing factor to the change was to offset the Market Value Homestead Exclusion implemented by the 2012 Minnesota Legislature, which had a significant impact on taxable market values. General Obligation Debt Supported Primarily by Special Assessments Est. Principal Date Original Final Outstanding of Issue Amount Purpose Maturity As of 12-19-13 12-1-04 $1,010,000 Improvements 2-1-2015 $ 180,000 12-15-06 1,460,000 Improvements 2-1-2017 470,000 12-15-08 2,390,000 Improvements 2-1-2019 1,350,000 12-19-13 4,920,000 Improvements (the Series 2013B Bonds)2-1-2024 4,920,000 Total $6,920,000 General Obligation Debt Supported by Tax Increment Date Original of Issue Amount Purpose Final Maturity Est. Principal Outstanding As of 12-19-13 12-1-04 $17,245,000 Taxable Tax Increment 2-1-2020 $10,805,000 6-1-08 4,335,000 Taxable Tax Increment 2-1-2018 625,000 12-19-13 6,090,000 Taxable Tax Increment (the Series 2013A Bonds)2-1-2022 6,090,000 Total $17,520,000 General Obligation Debt Supported by Revenues Estimated Calendar Year Debt Service Payments Including The Bonds Year G.O. Debt Supported Primarily by Special Assessments G.O. Debt Supported by Tax Increment Principal Principal 8, Interest(a) Principal Principal & Interest(b) 2013 (at 12-19)(Paid)(Paid)(Paid)(Paid) 2014 $ 475,000 $ 589,979 $ 1,430,000 $ 2,071,151 2015 1,350,000 1,472,910 1,765,000 2,403,064 2016 900,000 1,002,058 1,840,000 2,401,744 2017 825,000 909,240 1,935,000 2,413,230 2018 750,000 817,398 2,010,000 2,397,604 2019 675,000 726,466 2,050,000 2,342,885 2020 510,000 548,845 2,132,000 2,328,703 2021 515,000 543,208 2,140,000 2,249,015 2022 510,000 526,550 2,215,000 2,252,655 2023 205,000 212,995 2024 205,000 207,716 Total $6,920,000M $7,557,365 $17,520,000 $20,860,051 Year G.O. Debt Supported by Revenues Principal Principal & Interest 2013 (at 12-19)(Paid)(Paid) 2014 $ 140,000 $ 217,490 2015 140,000 214,095 2016 145,000 215,100 2017 150,000 215,375 2018 155,000 214,880 2019 155,000 208,796 2020 160,000 207,138 2021 165,000 204,823 2022 175,000 206,871 2023 180,000 203,328 2024 185,000 199,315 2025 190,000 194,845 Total $1,940,000(d)$2,502,056 (a)Includes the Series 2013B Bonds at an assumed average annual interest rate of 1.90%. (b)Includes the Series 2013A Bonds at an assumed average annual interest rate of 3.12%. (c)97.0% of this debt will be retired within ten years. (d)80.7% of this debt will be retired within ten years. Other Debt Obligations Operating Leases The City has entered into two operating leases for its municipal liquor stores. Rent expenses for the fiscal year ended December 31, 2012 were $296,964. The following is a schedule by years of future minimum rental payments required under these operating leases as of December 31, 2012: Year Ending December 31 2013 $ 224,940 2014 131,580 2015 136,554 2016 141,528 2017 141,528 2018-2020 353,820 Total $1,129,950 Overlapping Debt Taxing Unit(9) Net 2012/13 Taxable Tax Capacity Est. G.O. Debt As of 12-19-13(b) Debt Applicable to Tax Capacity in City Percent Amount Hennepin County $1,369,968,893 $681,150,000 1.4%$ 9,536,100 Hennepin County Regional Railroad 996,253,340 39,110,000 2.0 782,200 Three Rivers Park District 1,369,968,893 57,900,000 1.4 810,600 ISD No. 11 (Anoka-Hennepin)38,133,263 92,056,540 6.9 6,351,901 ISD No. 279 (Osseo)134,525,653 138,715,000 4.6 6,380,890 ISD No. 281 (Robbinsdale)84,125,755 158,910,000 5.2 8,263,320 ISD No. 286 (Brooklyn Center)6,733,729 29,785,000 100.0 29,785,000 Metropolitan Council 2,964,890,691 16,715,000(0 0.7 117,005 Metropolitan Transit District 2,367,824,145 327,345,000(d)0.8 2,618,760 Total $64,645,776 (a)Only those units with outstanding general obligation debt are shown here. (b)Excludes general obligation tax and aid anticipation certificates, state-aid street bonds, and revenue- supported debt and includes certificates of participation. (c)Excludes general obligation debt supported by sewer system revenues, 911 user fees, and housing rental payments. Includes certificates of participation. (d)Includes general obligation grant anticipation notes. Debt Ratios* G.O. Direct Debt G.O. Direct & Overlapping Debt To 2012/13 Estimated Market Value ($1,524,919,100) 1.60% 5.84% Per Capita (30,569— 2012 State Demographer's Estimate) $800 $2,914 * Excludes general obligation debt supported by revenues and other debt obligations. - 13 - CITY TAX RATES, LEVIES AND COLLECTIONS Tax Capacity Rates for a City Resident in Independent School District No. 286 (Brooklyn Center) 2008/09 2009/10 2010/11 2012/13 2011/12 Total For Debt Only Hennepin County 40.503%42.881%46.237%48.634%49.939%5.975% City of Brooklyn Center(a)49.13852.412 58.558 65.816 72.202 -0- ISD No. 286 (Brooklyn Center)(b)43.16351.17347.697 42.020 56.031 34.216 Special Districts(c)7.0647.8978.775 9.120 9.611 3.308 Total 139.868%154.363%161.267%165.590%187.783%43.499% (a)In addition, the City has a 2012/13 market value tax rate of 0.04702% spread across the market value of property in support of debt service. The City's tax capacity rate includes the Brooklyn Center Housing and Redevelopment Authority and Economic Development Authority. (b)In addition, Independent School District No. 286 (Brooklyn Center) has a 2012113 market value tax rate of 0.11341% spread across the market value of property in support of an excess operating levy. (c) Special districts include Metropolitan Council, Mosquito Control, Metropolitan Transit, Hennepin Park Museum, Hennepin County Regional Rail Authority, and Three Rivers Park District. NOTE: Taxes are determined by multiplying the net tax capacity by the tax capacity rate, plus multiplying the referendum market value by the market value rate. This table does not include the market value based rates. See Appendix III. Tax Levies and Collections Collected During Collected and/or Abated Net Collection Year as of 12-31-12 Lew/Collect Lew* Amount Percent Amount Percent 2012/13 $14,590,581 (In Process of Collection) 2011/12 14,219,162$13,942,766 98.1% $14,067,771 98.9% 2010/11 13,209,383 12,947,358 98.0 13,116,847 99.3 2009/10 12,924,79812,633,425 97.7 12,924,798 100.0 2008/09 12,292,718 11,983,738 97.5 12,292,718 100.0 The net levy excludes state aid for property tax relief and fiscal disparities, if applicable. The net levy is the basis for computing tax capacity rates. See Appendix III. FUNDS ON HAND As of September 30, 2013 Fund Cash and Investments General $ 8,373,803 Special Revenue 3,362,169 Capital Projects (440,257)* Debt Service: Taxes 827,276 Special Assessments 1,937,479 Enterprise 14,019,839 Internal Service 6,586,891 Total $34,667,200 The Capital Projects fund will be reimbursed with proceeds of the Series 2013B Bonds. CITY INVESTMENTS The City's investment policy, last revised in October 2006, has the objectives of preserving safety of principal, retaining sufficient liquidity, providing a market rate of return, and yielding stable earnings on invested City funds. Minnesota Statutes, Chapter 118A, authorize and define an investment program for municipal governments. The City may invest in the following instruments allowed by Minnesota Statutes: a.Securities that are the direct obligations or are guaranteed or insured issues of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress; including governmental bills, notes, bonds, and other securities. b.Commercial paper issued by U.S. corporations or their Canadian subsidiaries that is rated in the highest quality by at least two nationally recognized rating agencies and matures in 270 days or less. These investments are limited by City policy to funds that are professionally managed and include a mix of investments. c.Time deposits that are fully insured by the Federal Deposit Insurance Corporation or bankers acceptances of U.S. banks. d.Repurchase agreements and reverse repurchase agreements may be entered into with financial institutions identified by Minnesota Statutes, Chapter 118A. e. Securities lending agreements may be entered into with financial institutions identified by Minnesota Statutes, Chapter 118A. Minnesota joint powers investment trusts may be entered into with trusts identified by Minnesota Statutes, Chapter 118A g. Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of short-term securities permitted by Minnesota Statutes, Chapter 118A. h. Bonds of the City of Brooklyn Center issued in prior years may be redeemed at current market price, which may include a premium, prior to maturity using surplus funds of the debt service fund set up for that issue. Such repurchased bonds shall be canceled and removed from the obligation of the fund. Derivative securities, which obtain their value by the calculation of some portion of the value of another security, shall not be purchased. Mortgage-backed securities, which are not agency securities backed by the United States government, and stripped securities also shall not be purchased pursuant to the City's investment policy. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Safety of principal is the foremost objective. Liquidity and yield are also important considerations. It is essential that the investment portfolio remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The investment portfolio of the City shall be designed to attain a market-average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints and liquidity needs. Return on investment is of least importance compared to the objectives for safety and liquidity. Securities shall be held to maturity with the exceptions of meeting the liquidity needs of the portfolio and minimizing loss of principal for a security of declining credit. Securities of various maturities shall be purchased so that at least half of the investment portfolio will remain for two or more years with known interest rates. Authority to manage the investment program is vested in the City Manager, City Treasurer, and Assistant Finance Director, with the City Treasurer responsible for establishing and maintaining an internal control structure to provide reasonable assurance that the objectives of the investment policy are met. As of September 30, 2013, the City had $36,900,682 (par value) invested, with a market value of $36,699,887 (100% of the original cost to the City plus amortized premium). Government agency securities totaled 10,500,000, representing 28.4% of the portfolio. Certificates of deposit totaled $2,205,000, representing 6.0% of the portfolio. The balance of $24,195,682, representing 65.6% of the portfolio, was invested in money market accounts. All of the investments in the City's portfolio mature within 60 months or less. The longest investment held by the City is currently scheduled to mature in May of 2018. GENERAL INFORMATION CONCERNING THE CITY The City of Brooklyn Center is a northern suburb of the Minneapolis/Saint Paul metropolitan area, adjacent to the City of Minneapolis. The City is wholly within Hennepin County and encompasses an area of approximately 8.5 square miles (5,440 acres). The Mississippi River forms the City's eastern boundary. Population The City's population trend is shown below. Population Percent Change 2012 Demographer Estimate 30,569 1.5% 2010 U.S. Census 30,104 3.2 2000 U.S. Census 29,172 1.0 1990 U.S. Census 28,887 (7.5) 1980 U.S. Census 31,230 Sources: Minnesota State Demographic Center, httplIwww.demoaraphy.state.mn.us/ and United States Census Bureau, httplIwww.census.povi. Transportation Major transportation routes in and through the City, including Interstate Highways 94 and 694 and State Highways 100 and 252, have provided a continued impetus for the development of the City's commercial tax base. Major Employers in the City Employer Promeon, Inc. (a division of Medtronic) Independent School District No. 286 (Brooklyn Center) Luther Auto Group (three locations) Walmart Maranatha Care Center, Presbyterian Homes Caribou Coffee (Headquarters) University of Minnesota Physicians City of Brooklyn Center TCR Corporation Target Cub Foods Health Partners-Brooklyn Center Cass Screw Machine Products Product/Service Medical devices Education Automobile dealership Retail Continuing care/retirement community Coffee retailer Healthcare Government Metal components Retail Grocery Medical and dental clinic Screw machine parts Approximate Number of Employees 1,100 380 303* 300* 205* 200 200 151 150 * 131* 125* 116 108 Includes full-time and part-time employees. Source: This does not purport to be a comprehensive list and is based on an October 2013 telephone survey of individual employers. Labor Force Data Annual Average August 20092010 2011 2012 2013 Labor Force: City of Brooklyn Center 14,938 16,068 16,249 16,308 16,479 Hennepin County 657,843650,359657,525 660,996 671,810 Minneapolis-St. Paul Metro Area 1,844,5041,833,5781,848,525 1,857,426 1,882,221 State of Minnesota 2,952,963 2,966,097 2,970,653 2,969,6072,989,164 Unemployment Rate: City of Brooklyn Center 1.0%8.8%7.9%6.9%5.9% Hennepin County 7.5 7.0 6.1 5.3 4.8 Minneapolis-St. Paul Metro Area 7.9 7.3 6.3 5.5 4.7 State of Minnesota 8.0 7.4 6.5 5.6 4.8 Source: Minnesota Department of Employment and Economic Development, http://www.00sitivelvminnesota.com . 2013 data are preliminary. Retail Sales and Effective Buying Income (EBI) for Hennepin County Total Retail Total Median Sales ($000) EBI ($000) Household EBI 2013 N/A $34,013,567 $50,131 2012 $23,055,734 32,511,237 47,033 2011 22,526,015 31,323,522 48,356 2010 22,535,802 31,565,737 48,451 2009 21,780,444 31,516,092 50,167 The 2013 Median Household EBI for the State of Minnesota was $48,180. Source: Claritas, Inc. Building Permits New Single New Total Value Family Residential Commercial/Industrial (All Permits) Year Number Value Number Value 2013 (to 9 -30)- 0 -- 0 -2 $ 5,753,093 $34,419,599 2012 -0--0-6 7,415,404 34,497,097 2011 - 0 -- 0 -3 29,475,834 68,494,550 2010 -0--0-1 45,205,619 67,207,191 2009 -0--0-1 750,000 19,283,350 Source: City of Brooklyn Center. Growth and Development Commercial and industrial properties comprise about 36.6% of the City's taxable net tax capacity. -18- The City's Central Commerce District includes two major shopping centers: •Shingle Creek Crossing, an 80-acre commercial PUD that includes the redevelopment of the former Brookdale Mall. o In 2011, a significant portion of Brookdale Mall was removed and planned for redevelopment of a life style shopping center that included the existing Sears and Kohl's department stores and the Applebee's restaurant. The initial phase included the partial daylighting of Shingle Creek and the infrastructure improvements for a 183,000 square-foot Walmart store, 15 new building pads, and the renovation of 169,000 square-feet of the former Brookdale Mall. o In 2012, the Walmart store was opened and construction began on a 38,000 square-foot building for LA Fitness and three retail buildings providing 29,134 square-feet of new commercial tenant space. o In 2013, LA Fitness opened, several tenant improvements are being completed, a Panda Express restaurant is being constructed, and plans for a Discount Tire Store and several junior box retailers are being processed for site and building plan approvals. o The Shingle Creek Crossing PUD is projected to be completed in 2016. •Shingle Creek Center, a 157,000 square-foot complex anchored by Target, includes four restaurants and several commercial service businesses. Shingle Creek Center is adjacent to the Hennepin County Regional Library, the Brooklale Corporate Office Campus, and the former Office Max Center and Best Buy Building, which are being renovated for new commercial and office uses. In addition, four smaller strip centers along the Brooklyn Boulevard Corridor, Humboldt Avenue, and Highway 252 provide neighborhood and community commercial services and retail shopping opportunities. In the last three years, the Luther Auto Group has completed a major portion of their redevelopment plans for the 39 acres located on the north side of the 1-694 and Brooklyn Boulevard interchange. The projects completed include: •The 2010 major renovations to the Chevrolet and Buick & GMC dealerships; •The 2012 completion of a 52,228 square-foot Honda dealership and a 53,830 square-foot Toyota dealership; and •The 2013 approvals for the construction of a 42,360 square-foot Volkswagen dealership scheduled to be completed in 2014. In 2012, construction began on the replacement of the current 97 bed Maranatha Nursing Home with a new care facility in a three-story building that is connected to the existing 54-unit senior apartment building. The future redevelopment plans include 34 units of independent senior housing units with underground parking. In February 2012, the Molasky Group completed the construction of a 173,000 square-foot development for the new FBI Regional Field Offices. The project includes a 143,000 square-foot class A office building, attached parking structure, and a 30,000 square-foot Ancillary building on an 8 acre site. The Molasky Group has a 20 year lease with the U.S. General Services Administration (GSA) and the Economic Development Authority (EDA) has a development agreement to ensure that the development remains on the City's tax roll. Additionally, the EDA is promoting redevelopment opportunities for the adjoining 4.9 acre site. In 2012, the Real Estate Recycling Group completed France Avenue Business Park IV, the redevelopment of the former eight acre N.W. Racquet Club site with a 90,000 square foot office/warehouse building. The France Avenue Business Park IV area includes the Caribou Coffee corporate headquarters and facilities for Toro and Wagner Spray Tech. Financial Institutions City residents are served by branch facilities of Wells Fargo Bank, National Association; Bremer Bank, National Association; and TCF National Bank, as well as numerous credit unions. Health Care Facilities The following is a summary of inpatient health care facilities located in and around the City: Facility Maranatha Care Center DCI Lyndale Brooklyn Center Outreach Home North Memorial Medical Center Unity Hospital Location City of Brooklyn Center City of Brooklyn Center City of Brooklyn Center City of Robbinsdale City of Fridley No. of Beds 92 8 6 518 275 Source: Minnesota Department of Health, htto://www.health.state.mn .ush Education Public Education The following districts serve the residents of the City: School Location Grades 2012/13 Enrollment* ISD No. 11 (Anoka-Hennepin) ISD No. 279 (Osseo) ISD No. 281 (Robbinsdale) ISD No. 286 (Brooklyn Center) City of Anoka K-12 City of Osseo K-12 City of Robbinsdale K-12 City of Brooklyn Center K-12 38,403 20,623 12,181 2,177 2013/14 enrollment figures are not yet available. The City's taxable net tax capacity is attributable to each of the four school districts as follows: Portion of 2012/13 Taxable Net Tax Capacity Located in the City % of Total ISD No. 286 (Brooklyn Center)* ISD No. 279 (Osseo) ISD No. 281 (Robbinsdale) ISD No. 11 (Anoka-Hennepin) Total $ 6,733,729 6,132,553 4,348,221 2,613,072 34.0% 30.9 21.9 13.2 $19,827,575 100.0% Independent School District No. 286 is located entirely within the City of Brooklyn Center. - 20 - GOVERNMENTAL ORGANIZATION AND SERVICES Organization The City has been a municipal corporation since 1911 and is governed under a Home Rule Charter adopted in 1966 and subsequently amended. The City has a Council-Manager form of government. The Mayor and four Council Members are elected to serve overlapping four-year terms. The following individuals comprise the current City Council: Expiration of Term Tim Willson Mayor December 31, 2014 Carol Kleven Council Member December 31, 2014 Kris Lawrence-Anderson Council Member December 31, 2016 Lin Myszkowski Council Member December 31, 2016 Dan Ryan Council Member December 31, 2014 The City Manager, Mr. Cornelius L. Boganey, is responsible for the administration of Council policy and the daily management of the City. The Manager is appointed by the Council and serves at its discretion. Mr. Boganey has served the City in this position since June 2006. Prior to that, Mr. Boganey served as the City's Assistant Manager since March 2003. He has also served as City Manager in Brooklyn Park, Minnesota and Port Arthur, Texas, and as Assistant City Manager in Kalamazoo, Michigan. The Finance Director, currently vacant, is responsible for directing the City's financial operations, including preparation of the comprehensive annual financial report and interim reports, and the investment of City funds. Mr. Nathan Reinhardt has been selected to be the City's Finance Director effective November 21, 2013. Most recently, Mr. Reinhardt serves as Finance Director for the City of Waseca, Minnesota. Mr. Gregory L. Andrews is currently serving as the Interim Finance Director. The City has 151 full-time employees serving in various departments. Services 48 full-time sworn police officers and a support staff of 12 provide protective services in the City. Fire protection is provided by one full-time Chief and a 40-member volunteer force. The City has two fire stations and a class 4 insurance rating. All areas of the City are serviced by municipal water and sewer systems. Water is supplied by nine wells and storage is provided by three elevated tanks with a combined total capacity of 3.0 million gallons. The municipal water system has a pumping capacity of 17.6 million gallons per day (mgd). The average*daily water demand is estimated to be 3.4 mgd and peak demand is estimated to be 9.7 mgd. Water connections totaled 8,913 as of September 30, 2013. Although the City owns and maintains its own sanitary and storm sewer collection systems, wastewater treatment facilities are owned and operated by the Metropolitan Council Environmental Services (MCES). The City is billed an annual service charge by MCES, which is adjusted each year based on the prior years' actual usage. The City had 8,784 sewer connections as of September 30, 2013. The City leases space for the operation of its two municipal liquor store facilities. The leases are both ten-year leases, which began in June 2003 and 2010, with options of additional ten-year extensions. City offices are located in the City's Civic Center, which also includes community facilities such as exercise and game rooms, classrooms, craft rooms, a 300-seat hall, and a 50-meter indoor/outdoor swimming pool. The City maintains 527 acres of parkland, much of which is located along Shingle Creek forming a "green way" north to south through the City. Recreational facilities include a par 3 nine-hole golf course, 20 playgrounds, softball and baseball diamonds, basketball courts, tennis courts, hockey and skating rinks, nature areas, trails, and an arboretum. Labor Contracts The status of labor contracts in the City are as follows: Expiration Date Bargaining Unit No. of Employees of Current Contract 1U0E Local 49 25 December 31, 2013 LELS Local 82 & 86 45 December 31, 2013 Subtotal 70 Non-unionized employees 81 Total employees 151 Employee Pensions All full-time employees and certain part-time employees of the City are covered by defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota (PERA). PERA administers the General Employees Retirement Fund (GERF) and the Public Employees Police and Fire Fund (PEPFF), which are cost-sharing multiple-employer retirement plans. GERF members belong to either the Coordinated Plan or the Basic Plan. Coordinated members are covered by Social Security and Basic members are not. All new members must participate in the Coordinated Plan. All police officers, fire fighters and peace officers who qualify for membership by statute are covered by PEPFF. The City's contributions to GERF and PEPFF are equal to the contractually required contributions for each year as set by State Statute, and are as follows for the past five years: GERF PEPFF 2012 $498,832 $544,497 2011 492,194 522,110 2010 470,559 497,538 2009 460,816 508,226 2008 428,616 444,527 The City contributes to the Brooklyn Center Fire Department Relief Association (the "Association") which is the administrator of a single employer, public employee defined benefit retirement system to provide a retirement plan (the "Plan") to volunteer firefighters of the City who are members of the Association. The Association is organized and operates under the provisions of the Minnesota State Statutes 424A, and provides benefits in accordance with those statutes. - 22 - The Association provides retirement benefits to members and survivors upon death of eligible members. Benefits are established by the Association and approved by the City Council under the applicable statutes. The defined retirement benefits are based on a member's years of service. Vesting begins after the tenth year of service with a 60% benefit increasing to 100% after the 20th year of service. Full benefits are available after 20 years of service by the member and having attained the age of 50. The current benefit available is a lump sum distribution of $7,500 per year of service. Vested, terminated members who are entitled to benefits but are not yet receiving them are bound by the provisions in effect at the time of termination of membership. The City levies property taxes at the direction of and for the benefit of the Plan and passes through state aids allocated to the Plan, all in accordance with State statutes. The minimum tax levy obligation is the financial contribution requirement for the year less anticipated state aids. The City's contributions to the Firefighter's Association for the past five years are as follows: Year Ending Annual Pension Cost (APC) Percentage Net of APC Pension Contributed Obligation December 31, 2012 $105,244 104%-0- December 31, 2011 134,087 70 $52,199 December 31, 2010 183,928 93 18,231 December 31, 2009 97,725 100 -0- December 31, 2008 117,983 100 -0- Funded status of the Association as reported to-date: Actuarial Actuarial Value Valuation Date of Assets Actuarial Accrued Liability Assets in Excess of Unfunded Accrued Liability Funded Ratio January 1, 2013 $3,282,317 $3,279,231 $ 3,086 100.1% January 1, 2011 3,303,595 3,253,686 49,909 101.5 January 1, 2009 2,654,832 3,240,590 (585,758)81.9 January 1, 20074,024,987 3,713,292 311,695 108.4 For more information regarding the liability of the City with respect to its employees, please reference "Note 5. B, Employee Retirement Plans" of the City's Comprehensive Annual Financial Report for fiscal year ended December 31, 2012, an excerpt of which is included as Appendix IV of this Official Statement. Sources: City's Comprehensive Annual Financial Reports. Other Post-Employment Benefits The Governmental Accounting Standards Board (GASB) has issued Statement No. 45, Accounting and Financial Reporting by Employers for Post-employment Benefits Other Than Pensions (GASB 45), which addresses how state and local governments must account for and report their obligations related to post-employment healthcare and other non-pension benefits (referred to as Other Post Employment Benefits or "OPEB"). The City provides continued health insurance coverage for retired City employees who, on the date of their retirement, meet PERA or PERA Police and Fire eligibility requirements for a full - 23 - retirement annuity, without reduction of benefits because of age, disability, or any other reason. This coverage does not extend to the retiree's family, except that if the retiree desires to continue additional coverage, the cost in excess of the single premium must be paid by the retiree. This benefit began in 1986 and was subsequently discontinued for employees hired after January 31, 1992. As of December 31, 2012, the City had 170 eligible participants. The City currently finances the plan on a pay-as-you-go basis. During 2012, the City expended $242,652 for these benefits. With the advent of GASB Statement 45, the City has engaged actuaries to provide biennial actuarial valuation reports. Under GASB 45 such costs must be accounted for on an accrual basis. The City must report an annual OPEB cost based on actuarially determined amounts that, if paid on an ongoing basis, will provide sufficient resources to pay these benefits. The most recent actuarial report is dated January 1, 2012, for a valuation date of December 31, 2012. Components of the City's annual OPEB cost, the amount actually contributed to the plan, and the changes in the City's net OPEB obligation to the plan for the fiscal year ended December 31, 2012 are as follows: Annual required contribution Interest on net OPEB obligation Adjustment to annual required contribution Annual OPEB cost (expense) Contributions made Increase in net OPEB obligation Net OPEB obligation — beginning of year Net OPEB obligation — end of year $ 242,652 18,486 (25,220) $ 235,918 (159,375) $ 76,543 410,810 487,153 Funded status of the City's OPEB as reported in the actuarial reports received to-date: Actuarial Valuation Date Actuarial Accrued Liability (AAL) Unfunded Actuarial Accrued Liability (UAAL) UAAL as a Percentage of Covered Covered Payroll Payroll January 1, 2012 $2,620,367$2,620,367$9,472,237 27.66% January 1, 2010 3,012,3833,012,3839,143,276 32.95 January 1, 2008 3,996,136 3,996,136 8,882,315 44.99 Required contributions as reported in the actuarial reports received to-date: Annual Net Fiscal OPEB Employer % of Annual OPEB OPEB Year Ended Cost Contributions Cost Contributed Obligation December 31, 2012 $235,915 $159,375 67.56%$487,353 December 31, 2011256,278 210,319 82.07 410,810 December 31, 2010 266,232 191,807 72.05 364,851 December 31, 2009 311,623 168,242 53.99 290,426 December 31, 2008 314,184 167,139 53.20 147,045 For more information regarding the liability of the City with respect to its employees, please reference "Note 5. C., Other Post-Employment Benefits" of the City's Comprehensive Annual Financial Report for fiscal year ended December 31, 2012, an excerpt of which is included as Appendix IV of this Official Statement. Sources: City's Comprehensive Annual Financial Reports. - 24 - General Fund Budget Revenues: 2012 Budget 2012 Actual 2013 Budget Property Taxes $13,207,954 $13,383,992 $13,590,682 Sales Tax (Lodging)800,000 882,620 825,000 Special Assessments 0 91,298 0 Licenses and Permits 635,567 858,593 641,208 Intergovernmental Revenue 844,315 966,479 1,057,250 Charges for Services 1,008,8321,046,626 913,574 Fines and Forfeits 348,500 336,740 365,000 Miscellaneous Revenue 95,000 305,229 124,200 Administrative Reimbursements 964,302 850,462 1,081,473 Total Revenues $17,904,470 $18,722,039 $18,598,387 Expenditures: General Government $ 3,383,091 $ 3,390,929 $ 3,477,506 Public Safety 8,877,865 8,779,847 8,382,674 Public Works 2,141,841 2,016,308 2,290,357 Community Services 97,250 141,505 1,015,991 Parks and Recreation 2,458,580 2,407,696 2,496,982 Economic Development 380,000 419,387 537,407 Miscellaneous 478,664 287,692 299,470 Transfers to Other Funds 70,000 322,614 98,000 Total Expenditures $17,887,291 $17,765,978 $18,598,387 Sources: City's 2012 Comprehensive Annual Financial Report and 2013 Budget. APPENDIX I PROPOSED FORMS OF LEGAL OPINIONS Kennedy Offices in 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis Minneapolis MN 55402 Graven CHARTERED Saint Paul (612) 337-9300 telephone (612) 337-9310 fax St. Cloud http://www.kennedy-araven.com Affirmative Action Equal Opportunity Employer $6,090,000 Taxable General Obligation Tax Increment Bonds, Series 2013A City of Brooklyn Center Hennepin County, Minnesota We have acted as bond counsel to the City of Brooklyn Center, Hennepin County, Minnesota (the "Issuer") in connection with the issuance by the Issuer of its Taxable General Obligation Tax Increment Bonds, Series 2013A (the "Bonds"), originally dated as of the date hereof, and issued in the original aggregate principal amount of $6,090,000. In such capacity and for the purpose of rendering this opinion we have examined certified copies of certain proceedings, certifications and other documents, and applicable laws as we have deemed necessary. Regarding questions of fact material to this opinion, we have relied on certified proceedings and other certifications of public officials and other documents furnished to us without undertaking to verify the same by independent investigation. Under existing laws, regulations, rulings and decisions in effect on the date hereof, and based on the foregoing we are of the opinion that: 1.The Bonds have been duly authorized and executed, and are valid and binding general obligations of the Issuer, enforceable in accordance with their terms. 2.The principal of and interest on the Bonds are payable primarily from tax increments resulting from increases in the taxable value of real property in a tax increment financing district of the Issuer, but if necessary for the payment thereof ad valorem taxes are required by law to be levied on all taxable property of the Issuer, which taxes are not subject to any limitation as to rate or amount. 3.Interest on the Bonds is included in income for state and federal income tax purposes. We express no opinion as to the status of the interest on the Bonds for federal or state income tax purposes. 4.The rights of the owners of the Bonds and the enforceability of the Bonds may be limited by bankruptcy, insolvency, reorganization, moratorium, and other similar laws affecting creditor's rights generally and by equitable principles, whether considered at law or in equity. We have not been asked and have not undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and accordingly we express no opinion with respect thereto. This opinion is given as of the date hereof and we assume no obligation to update, revise, or supplement this opinion to reflect any facts or circumstances that may hereafter come to our attention or any changes in law that may hereafter occur. Dated , 2013 at Minneapolis, Minnesota. 1-1 IOffices in 470 U.S. Bank P1a7aKbrinedy 200 South Sixth Street — ,Minneapolis Minneapolis MN 55402 'Saint Paul St. Cloud CHARTERED (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action Equal Opportunity Employer $4,920,000 General Obligation Improvement Bonds, Series 2013B City of Brooklyn Center Hennepin County, Minnesota We have acted as bond counsel to the City of Brooklyn Center, Hennepin County, Minnesota (the "Issuer") in connection with the issuance by the Issuer of its General Obligation Improvement Bonds, Series 2013B (the "Bonds"), originally dated as of the date hereof, and issued in the original aggregate principal amount of $4,920,000. In such capacity and for the purpose of rendering this opinion we have examined certified copies of certain proceedings, certifications and other documents, and applicable laws as we have deemed necessary. Regarding questions of fact material to this opinion, we have relied on certified proceedings and other certifications of public officials and other documents furnished to us without undertaking to verify the same by independent investigation. Under existing laws, regulations, rulings and decisions in effect on the date hereof, and based on the foregoing we are of the opinion that: 1.The Bonds have been duly authorized and executed, and are valid and binding general obligations of the Issuer, enforceable in accordance with their terms. 2.The principal of and interest on the Bonds are payable from special assessments levied or to be levied on property specially benefited by local improvements and ad valorem taxes for the Issuer's share of the cost of the improvements, but if necessary for the payment thereof additional ad valorem taxes are required by law to be levied on all taxable property of the Issuer, which taxes are not subject to any limitation as to rate or amount. 3. Interest on the Bonds is excludable from gross income of the recipient for federal income tax purposes and, to the same extent, is excludable from taxable net income of individuals, trusts, and estates for Minnesota income tax purposes, and is not a preference item for purposes of the computation of the federal alternative minimum tax, or the computation of the Minnesota alternative minimum tax imposed on individuals, trusts and estates. However, such interest is taken into account in determining adjusted current earnings for the purpose of computing the federal alternative minimum tax imposed on certain corporations and is subject to Minnesota franchise taxes on corporations (including financial institutions) measured by income. The opinion set forth in this paragraph is subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excludable from gross income for federal income tax purposes and from taxable net income for Minnesota income tax purposes. The Issuer has covenanted to comply with all such requirements. Failure to comply with certain of such requirements may cause interest on the Bonds to be included in gross income for federal income tax purposes and taxable net income for Minnesota income tax purposes retroactively to the date of issuance of the Bonds. We express no opinion regarding tax consequences arising with respect to the Bonds other than as expressly set forth herein. 1-2 4. The rights of the owners of the Bonds and the enforceability of the Bonds may be limited by bankruptcy, insolvency, reorganization, moratorium, and other similar laws affecting creditor's rights generally and by equitable principles, whether considered at law or in equity. We have not been asked and have not undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and accordingly we express no opinion with respect thereto. This opinion is given as of the date hereof and we assume no obligation to update, revise, or supplement this opinion to reflect any facts or circumstances that may hereafter come to our attention or any changes in law that may hereafter occur. Dated , 2013 at Minneapolis, Minnesota. APPENDIX II CONTINUING DISCLOSURE CERTIFICATES $6,090,000 Taxable General Obligation Tax Increment Bonds, Series 2013A City of Brooklyn Center Hennepin County, Minnesota , 2013 This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by the City of Brooklyn Center, Minnesota (the "Issuer") in connection with the issuance of its Taxable General Obligation Tax Increment Bonds, Series 2013A, (the "Bonds") in the original aggregate principal amount of $6,090,000. The Bonds are being issued pursuant to resolutions adopted by the City Council of the Issuer (the "Resolutions"). The Bonds are being delivered to (the "Purchaser") on the date hereof. Pursuant to the Resolutions, the Issuer has covenanted and agreed to provide continuing disclosure of certain financial information and operating data and timely notices of the occurrence of certain events. The Issuer hereby covenants and agrees as follows: Section 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders (as defined herein) of the Bonds in order to provide for the public availability of such information and assist the Participating Underwriter(s) (defined herein) in complying with the Rule (as defined herein). This Disclosure Certificate, together with the Resolutions, constitutes the written agreement or contract for the benefit of the Holders of the Bonds that is required by the Rule. Section 2. Definitions. In addition to the defined terms set forth in the Resolutions, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" means any annual report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Audited Financial Statements" means annual financial statements of the Issuer, prepared in accordance with generally accepted accounting principles for governmental units ("GAAP") as prescribed by the Governmental Accounting Standards Board ("GASB"). "Bonds" means the Taxable General Obligation Tax Increment Bonds, Series 2013A, issued by the Issuer in the original aggregate principal amount of $6,090,000. "Disclosure Certificate" means this Continuing Disclosure Certificate. "EMMA" means the Electronic Municipal Market Access system operated by the MSRB and designated as a nationally recognized municipal securities information repository and the exclusive portal for complying with the continuing disclosure requirements of the Rule. "Final Official Statement" means the deemed final Official Statement dated 2013, as supplemented by the Addendum, dated , 2013 which constitutes the final official statement delivered in connection with the Bonds, which is available from the MSRB. "Fiscal Year" means the fiscal year of the Issuer. "Holder" means the person in whose name a Bond is registered or a beneficial owner of such a Bond. "Issuer" means the City of Brooklyn Center, Minnesota, which is the obligated person with respect to the Bonds. "Material Event" means any of the events listed in Section 5(a) of this Disclosure Certificate. "MSRB" means the Municipal Securities Rulemaking Board located at 1900 Duke Street, Suite 600, Alexandria, VA 22314. "Participating Underwriter" means any of the original underwriter(s) of the Bonds (including the Purchaser) required to comply with the Rule in connection with the offering of the Bonds. "Purchaser" means "Repository" means EMMA, or any successor thereto designated by the SEC. "Rule" means SEC Rule 15c2-12(b)(5) promulgated by the SEC under the Securities Exchange Act of 1934, as the same may be amended from time to time, and including written interpretations thereof by the SEC. "SEC" means Securities and Exchange Commission, and any successor thereto. Section 3. Provision of Annual Financial Information and Audited Financial Statements. (a)The Issuer shall provide to the Repository, as soon as available, but not later than twelve (12) months after the end of the Fiscal Year commencing with the year that ends December 31, 20 , an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provided that the Audited Financial Statements of the Issuer may be submitted separately from the balance of the Annual Report and will be submitted as soon as available. (b)If the Issuer is unable or fails to provide to the Repository an Annual Report by the date required in subsection (a), the Issuer shall send a notice of that fact to the Repository and the MSRB. (c) The Issuer shall determine each year prior to the date for providing the Annual Report the name and address of each Repository. Section 4. Content of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the following sections of the Final Official Statement: 1.City Property Values 2.City Indebtedness 3. City Tax Rates, Levies and Collections In addition to the items listed above, the Annual Report shall include Audited Financial Statements submitted in accordance with Section 3 of this Disclosure Certificate. Any or all of the items listed above may be incorporated by reference from other documents, including official statements of debt issues of the Issuer or related public entities, which have been 11-2 submitted to the Repository or the SEC. If the document incorporated by reference is a final official statement, it must also be available from the MSRB. The Issuer shall clearly identify each such other document so incorporated by reference. Section 5. Reporting of Material Events. (a) This Section 5 shall govern the giving of notice of the occurrence of any of the following events ("Material Events") with respect to the Bonds: 1.Principal and interest payment delinquencies; 2.Non-payment related defaults, if material; 3.Unscheduled draws on debt service reserves reflecting financial difficulties; 4.Unscheduled draws on credit enhancements reflecting financial difficulties; 5.Substitution of credit or liquidity providers, or their failure to perform; 6.Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701—TEB), or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; 7.Modifications to rights of security holders, if material; 8.Bond calls, if material, and tender offers; 9.Defeasances; 10.Release, substitution, or sale of property securing repayment of the securities, if material; 11.Rating changes; 12.Bankruptcy, insolvency, receivership or similar event of the obligated person; 13.The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and 14.Appointment of a successor or additional trustee or the change of name of a trustee, if material. (b) The Issuer shall file a notice of such occurrence with the Repository or with the MSRB within ten (10) business days of the occurrence of the Material Event. (c) Unless otherwise required by law and subject to technical and economic feasibility, the Issuer shall employ such methods of information transmission as shall be requested or recommended by the designated recipients of the Issuer's information. 11-3 Section 6. EMMA. The SEC has designated EMMA as a nationally recognized municipal securities information repository and the exclusive portal for complying with the continuing disclosure requirements of the Rule. Until the EMMA system is amended or altered by the MSRB and the SEC, the Issuer shall make all filings required under this Disclosure Certificate solely with EMMA. Section 7. Termination of Reporting Obligation. The Issuer's obligations under the Resolutions and this Disclosure Certificate shall telininate upon the legal defeasance, the redemption in full of all Bonds or payment in full of all Bonds. Section 8. Agent. The Issuer may, from time to time, appoint or engage a dissemination agent to assist it in carrying out its obligations under the Resolutions and this Disclosure Certificate, and may discharge any such agent, with or without appointing a successor dissemination agent. Section 9. Amendment; Waiver. Notwithstanding any other provision of the Resolutions or this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, if such amendment or waiver is supported by an opinion of nationally recognized bond counsel to the effect that such amendment or waiver would not, in and of itself, cause a violation of the Rule. The provisions of the Resolutions requiring continuing disclosure pursuant to the Rule and this Disclosure Certificate, or any provision hereof, shall be null and void in the event that the Issuer delivers to the Repository an opinion of nationally recognized bond counsel to the effect that those portions of the Rule which impose the continuing disclosure requirements of the Resolutions and the execution and delivery of this Disclosure Certificate are invalid, have been repealed retroactively or otherwise do not apply to the Bonds. The provisions of the Resolutions requiring continuing disclosure pursuant to the Rule and this Disclosure Certificate may be amended without the consent of the Holders of the Bonds, but only upon the delivery by the Issuer to the Repository of the proposed amendment and an opinion of nationally recognized bond counsel to the effect that such amendment, and giving effect thereto, will not adversely affect the compliance with the Rule. Section 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Material Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a Material Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Material Event. Section 11. Default. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate any Holder of the Bonds may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations under the Resolutions and this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an event of default with respect to the Bonds and the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with this Disclosure Certificate shall be an action to compel performance. Section 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Participating Underwriters, and the Holders from time to time of the Bonds, and shall create no rights in any other person or entity. [The remainder of this page is intentionally left blank.] 11-4 IN WITNESS WHEREOF, we have executed this Disclosure Certificate in our official capacities effective as of the date and year first written above. CITY OF BROOKLYN CENTER MINNESOTA By. Mayor By: City Clerk 11 -5 $4,920,000 General Obligation Improvement Bonds, Series 2013B City of Brooklyn Center Hennepin County, Minnesota , 2013 This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by the City of Brooklyn Center, Minnesota (the "Issuer") in connection with the issuance of its General Obligation Improvement Bonds, Series 2013B, (the "Bonds") in the original aggregate principal amount of $4,920,000. The Bonds are being issued pursuant to resolutions adopted by the City Council of the Issuer (the "Resolutions"). The Bonds are being delivered to (the "Purchaser") on the date hereof. Pursuant to the Resolutions, the Issuer has covenanted and agreed to provide continuing disclosure of certain financial information and operating data and timely notices of the occurrence of certain events. The Issuer hereby covenants and agrees as follows: Section 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders (as defined herein) of the Bonds in order to provide for the public availability of such information and assist the Participating Underwriter(s) (defined herein) in complying with the Rule (as defined herein). This Disclosure Certificate, together with the Resolutions, constitutes the written agreement or contract for the benefit of the Holders of the Bonds that is required by the Rule. Section 2. Definitions. In addition to the defined terms set forth in the Resolutions, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" means any annual report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Audited Financial Statements" means annual financial statements of the Issuer, prepared in accordance with generally accepted accounting principles for governmental units ("GAAP") as prescribed by the Governmental Accounting Standards Board ("GASB"). "Bonds" means the General Obligation Improvement Bonds, Series 2013B, issued by the Issuer in the original aggregate principal amount of $4,920,000. "Disclosure Certificate" means this Continuing Disclosure Certificate. "EMMA" means the Electronic Municipal Market Access system operated by the MSRB and designated as a nationally recognized municipal securities information repository and the exclusive portal for complying with the continuing disclosure requirements of the Rule. "Final Official Statement" means the deemed final Official Statement dated 2013, as supplemented by the Addendum, dated , 2013 which constitutes the final official statement delivered in connection with the Bonds, which is available from the MSRB. "Fiscal Year" means the fiscal year of the Issuer. "Holder" means the person in whose name a Bond is registered or a beneficial owner of such a Bond. 11-6 "Issuer" means the City of Brooklyn Center, Minnesota, which is the obligated person with respect to the Bonds. "Material Event" means any of the events listed in Section 5(a) of this Disclosure Certificate. "MSRB" means the Municipal Securities Rulemaking Board located at 1900 Duke Street, Suite 600, Alexandria, VA 22314. "Participating Underwriter" means any of the original underwriter(s) of the Bonds (including the Purchaser) required to comply with the Rule in connection with the offering of the Bonds. "Purchaser" means "Repository" means EMMA, or any successor thereto designated by the SEC. "Rule" means SEC Rule 15c2-12(b)(5) promulgated by the SEC under the Securities Exchange Act of 1934, as the same may be amended from time to time, and including written interpretations thereof by the SEC. "SEC" means Securities and Exchange Commission, and any successor thereto. Section 3. Provision of Annual Financial Information and Audited Financial Statements. (a)The Issuer shall provide to the Repository, as soon as available, but not later than twelve (12) months after the end of the Fiscal Year commencing with the year that ends December 31, 2013, an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provided that the Audited Financial Statements of the Issuer may be submitted separately from the balance of the Annual Report and will be submitted as soon as available. (b)If the Issuer is unable or fails to provide to the Repository an Annual Report by the date required in subsection (a), the Issuer shall send a notice of that fact to the Repository and the MSRB. (c) The Issuer shall determine each year prior to the date for providing the Annual Report the name and address of each Repository. Section 4. Content of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the following sections of the Final Official Statement: 1.City Property Values 2.City Indebtedness 3. City Tax Rates, Levies and Collections In addition to the items listed above, the Annual Report shall include Audited Financial Statements submitted in accordance with Section 3 of this Disclosure Certificate. Any or all of the items listed above may be incorporated by reference from other documents, including official statements of debt issues of the Issuer or related public entities, which have been submitted to the Repository or the SEC. If the document incorporated by reference is a final official statement, it must also be available from the MSRB. The Issuer shall clearly identify each such other document so incorporated by reference. 11-7 Section 5. Reporting of Material Events. (a) This Section 5 shall govern the giving of notice of the occurrence of any of the following events ("Material Events") with respect to the Bonds: 1.Principal and interest payment delinquencies; 2.Non-payment related defaults, if material; 3.Unscheduled draws on debt service reserves reflecting financial difficulties; 4.Unscheduled draws on credit enhancements reflecting financial difficulties; 5.Substitution of credit or liquidity providers, or their failure to perform; 6.Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue ORS Form 5701—TEB), or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; 7.Modifications to rights of security holders, if material; 8.Bond calls, if material, and tender offers; 9.Defeasances; 10.Release, substitution, or sale of property securing repayment of the securities, if material; 11.Rating changes; 12.Bankruptcy, insolvency, receivership or similar event of the obligated person; 13.The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and 14.Appointment of a successor or additional trustee or the change of name of a trustee, if material. (b) The Issuer shall file a notice of such occurrence with the Repository or with the MSRB within ten (10) business days of the occurrence of the Material Event. (c) Unless otherwise required by law and subject to technical and economic feasibility, the Issuer shall employ such methods of information transmission as shall be requested or recommended by the designated recipients of the Issuer's information. Section 6. EMMA. The SEC has designated EMMA as a nationally recognized municipal securities information repository and the exclusive portal for complying with the continuing disclosure requirements of the Rule. Until the EMMA system is amended or altered by the MSRB and the SEC, the Issuer shall make all filings required under this Disclosure Certificate solely with EMMA. 11-8 Section 7. Termination of Reporting Obligation. The Issuer's obligations under the Resolutions and this Disclosure Certificate shall terminate upon the legal defeasance, the redemption in full of all Bonds or payment in full of all Bonds. Section 8. Agent. The Issuer may, from time to time, appoint or engage a dissemination agent to assist it in carrying out its obligations under the Resolutions and this Disclosure Certificate, and may discharge any such agent, with or without appointing a successor dissemination agent. Section 9. Amendment; Waiver. Notwithstanding any other provision of the Resolutions or this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, if such amendment or waiver is supported by an opinion of nationally recognized bond counsel to the effect that such amendment or waiver would not, in and of itself, cause a violation of the Rule. The provisions of the Resolutions requiring continuing disclosure pursuant to the Rule and this Disclosure Certificate, or any provision hereof, shall be null and void in the event that the Issuer delivers to the Repository an opinion of nationally recognized bond counsel to the effect that those portions of the Rule which impose the continuing disclosure requirements of the Resolutions and the execution and delivery of this Disclosure Certificate are invalid, have been repealed retroactively or otherwise do not apply to the Bonds. The provisions of the Resolutions requiring continuing disclosure pursuant to the Rule and this Disclosure Certificate may be amended without the consent of the Holders of the Bonds, but only upon the delivery by the Issuer to the Repository of the proposed amendment and an opinion of nationally recognized bond counsel to the effect that such amendment, and giving effect thereto, will not adversely affect the compliance with the Rule. Section 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Material Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a Material Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Material Event. Section 11. Default. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate any Holder of the Bonds may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations under the Resolutions and this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an event of default with respect to the Bonds and the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with this Disclosure Certificate shall be an action to compel performance. Section 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Participating Underwriters, and the Holders from time to time of the Bonds, and shall create no rights in any other person or entity. [The remainder of this page is intentionally left blank.] 11-9 IN WITNESS WHEREOF, we have executed this Disclosure Certificate in our official capacities effective as of the date and year first written above. CITY OF BROOKLYN CENTER MINNESOTA By: Mayor By: City Clerk 11 -10 APPENDIX III SUMMARY OF TAX LEVIES, PAYMENT PROVISIONS, AND MINNESOTA REAL PROPERTY VALUATION (effective through levy year 2012/payable year 2013) Following is a summary of certain statutory provisions effective through levy year 2012/payable year 2013 relative to tax levy procedures, tax payment and credit procedures, and the mechanics of real property valuation. The summary does not purport to be inclusive of all such provisions or of the specific provisions discussed, and is qualified by reference to the complete text of applicable statutes, rules and regulations of the State of Minnesota. Property Valuations (Chapter 273, Minnesota Statutes) Assessor's Estimated Market Value. Each parcel of real property subject to taxation must, by statute, be appraised at least once every five years as of January 2 of the year of appraisal. With certain exceptions, all property is valued at its market value, which is the value the assessor determines to be the price the property to be fairly worth, and which is referred to as the "Estimated Market Value." Taxable Market Value. The Taxable Market Value is the value that property taxes are based on, after all reductions, limitations, exemptions and deferrals. It is also the value used to calculate a municipality's legal debt limit. Indicated Market Value. The Indicated Market Value is determined by dividing the Taxable Market Value of a given year by the same year's sales ratio determined by the State Department of Revenue. The Indicated Market Value serves to eliminate disparities between individual assessors and equalize property values statewide. Net Tax Capacity. The Net Tax Capacity is the value upon which net taxes are levied, extended and collected. The Net Tax Capacity is computed by applying the class rate percentages specific to each type of property classification against the Taxable Market Value. Class rate percentages vary depending on the type of property as shown on the last page of this Appendix. The formulas and class rates for converting Taxable Market Value to Net Tax Capacity represent a basic element of the State's property tax relief system and are subject to annual revisions by the State Legislature. Property taxes are determined by multiplying the Net Tax Capacity by the tax capacity rate, plus multiplying the referendum market value by the market value rate. Market Value Homestead Exclusion. In 2011, the Market Value Homestead Exclusion Program (MVHE) was implemented to offset the elimination of the Market Value Homestead Credit Program that provided relief to certain homesteads. The MVHE reduces the taxable market value of a homestead with an Assessor's Estimated Market Value up to $413,800 in an attempt to mimic the property tax prior to the elimination of the homestead credit. The MVHE applies to property classified as Class la or lb and Class 2a, and causes a decrease in the Issuer's Taxable Market Value, even though the Assessor's Estimated Market Value on the same property did not decline. Property Tax Payments and Delinquencies (Chapters 276, 276, 277, 279-282 and 549, Minnesota Statutes) Ad valorem property taxes levied by local governments in Minnesota are extended and collected by the various counties within the State. Each taxing jurisdiction is required to certify the annual tax levy to the county auditor within five (5) working days after December 20 of the year preceding the collection year. A listing of property taxes due is prepared by the county auditor and turned over to the county treasurer on or before the first business day in March. The county treasurer is responsible for collecting all property taxes within the county. Real estate and personal property tax statements are mailed out by March 31. One-half (1/2) of the taxes on real property is due on or before May 15. The remainder is due on or before October 15. Real property taxes not paid by their due date are assessed a penalty that, depending on the type of property, increases from 2% to 4% on the day after the due date. In the case of the first installment of real property taxes due May 15, the penalty increases to 4% or 8% on June 1. Thereafter, an additional 1% penalty shall accrue each month through October 1 of the collection year for unpaid real property taxes. In the case of the second installment of real property taxes due October 15, the penalty increases to 6% or 8% on November 1 and increases again to 8% or 12% on December 1. Personal property taxes remaining unpaid on May 16 are deemed to be delinquent and a penalty of 8% attaches to the unpaid tax. However, personal property that is owned by a tax-exempt entity, but is treated as taxable by virtue of a lease agreement, is subject to the same delinquent property tax penalties as real property. On the first business day of January of the year following collection all delinquencies are subject to an additional 2% penalty, and those delinquencies outstanding as of February 15 are filed for a tax lien judgment with the district court. By March 20 the county auditor files a publication of legal action and a mailing of notice of action to delinquent parties. Those property interests not responding to this notice have judgment entered for the amount of the delinquency and associated penalties. The amount of the judgment is subject to a variable interest determined annually by the Department of Revenue, and equal to the adjusted prime rate charged by banks but in no event is the rate less than 10% or more than 14%. Property owners subject to a tax lien judgment generally have five years (5) in the case of all property located outside of cities or in the case of residential homestead, agricultural homestead and seasonal residential recreational property located within cities or three (3) years with respect to other types of property to redeem the property. After expiration of the redemption period, unredeemed properties are declared tax forfeit with title held in trust by the State of Minnesota for the respective taxing districts. The county auditor, or equivalent thereof, then sells those properties not claimed for a public purpose at auction. The net proceeds of the sale are first dedicated to the satisfaction of outstanding special assessments on the parcel, with any remaining balance in most cases being divided on the following basis: county - 40%; town or city - 20%; and school district - 40%. Property Tax Credits (Chapter 273, Minnesota Statutes) In addition to adjusting the taxable value for various property types, primary elements of Minnesota's property tax relief system are: property tax levy reduction aids; the renters credit, which relates property taxes to income and provides relief on a sliding income scale; and targeted tax relief, which is aimed primarily at easing the effect of significant tax increases. The circuit breaker credit and targeted credits are reimbursed to the taxpayer upon application by the taxpayer. Property tax levy reduction aid includes educational aids, local governmental aid, equalization aid, county program aid and disparity reduction aid. Debt Limitations All Minnesota municipalities (counties, cities, towns and school districts) are subject to statutory "net debt" limitations under the provisions of Minnesota Statutes, Section 475.53. Net debt is defined as the amount remaining after deducting from gross debt the amount of current III-2 revenues that are applicable within the current fiscal year to the payment of any debt and the aggregate of the principal of the following: 1.Obligations issued for improvements that are payable wholly or partially from the proceeds of special assessments levied upon benefited property. 2.Warrants or orders having no definite or fixed maturity. 3.Obligations payable wholly from the income from revenue producing conveniences. 4.Obligations issued to create or maintain a permanent improvement revolving fund. 5.Obligations issued for the acquisition and betterment of public waterworks systems, and public lighting, heating or power systems, and any combination thereof, or for any other public convenience from which revenue is or may be derived. 6.Certain debt service loans and capital loans made to school districts. 7.Certain obligations to repay loans. 8.Obligations specifically excluded under the provisions of law authorizing their issuance. 9.Certain obligations to pay pension fund liabilities. 10.Debt service funds for the payment of principal and interest on obligations other than those described above. 11. Obligations issued to pay judgments against the municipality. Levies for General Obligation Debt (Sections 475.61 and 476.74, Minnesota Statutes) Any municipality that issues general obligation debt must, at the time of issuance, certify levies to the county auditor of the county(ies) within which the municipality is situated. Such levies shall be in an amount that if collected in full will, together with estimates of other revenues pledged for payment of the obligations, produce at least five percent in excess of the amount needed to pay principal and interest when due. Notwithstanding any other limitations upon the ability of a taxing unit to levy taxes, its ability to levy taxes for a deficiency in prior levies for payment of general obligation indebtedness is without limitation as to rate or amount. Metropolitan Revenue Distribution (Chapter 473F, Minnesota Statutes) "Fiscal Disparities Law" The Charles R. Weaver Metropolitan Revenue Distribution Act, more commonly known as "Fiscal Disparities," was first implemented for taxes payable in 1975. Forty percent of the increase in commercial-industrial (including public utility and railroad) net tax capacity valuation since 1971 in each assessment district in the Minneapolis/St. Paul seven-county metropolitan area (Anoka, Carver, Dakota, excluding the City of Northfield, Hennepin, Ramsey, Scott, excluding the City of New Prague, and Washington Counties) is contributed to an area-wide tax base. A distribution index, based on the factors of population and real property market value per capita, is employed in determining what proportion of the net tax capacity value in the area- wide tax base shall be distributed back to each assessment district. STATUTORY FORMULAE: CONVERSION OF TAXABLE MARKET VALUE (TMV) TO NET TAX CAPACITY FOR MAJOR PROPERTY CLASSIFICATIONS Property Ty pe Local Tax Payable 2009 Local Tax Payable 2010 Local Tax Payable 2011 Local Tax Payable 2012 Local Tax Payable 2013 Residential Homestead (1a) Up to $500,000 1.00%1.00%1.00%1.00%1.00% Over $500,000 1.25%1.25%1.25%1.25%1.25% Residential Non-homestead Single Unit (4bbl) Up to $500,000 1.00%1.00%1.00%1.00%1.00% Over $500,000 1.25%1.25%1.25%1.25%1.25% 1-3 unit and undeveloped land (4b1)1.25%1.25%1.25%1.25%1.25% Market Rate Apartments Regular (4a)1.25%1.25%1.25%1.25%1.25% Low-Income (4d)0.75%0.75%0.75%0.75%0.75% Commercial/Industrial/Public Utility (3a) Up to $150,000 1.50%1 1.50%1 1.50%1 1.50%1 1.50%1 Over $150,000 2.00%1 2.00%1 2.00%1 2.00%1 2.00%1 Electric Generation Machinery 2.00%2.00%2.00%2.00%2.00% Commercial Seasonal Residential Homestead Resorts (1c) Up to $600,000 $600,000 - $2,300,000 0.55% 1.00% 0.55% 1.00% 0.50% 1.00% 0.50% 1.00% 0.50% 1.00% Over $2,300,000 1.25%1 1.25%1 1.25%1 1.25%1 1.25%1 Seasonal Resorts (4c) Up to $500,000 1.00%1 1.00%1 1.00%1 1.00%1 1.00%1 Over $500,000 1.25%1 1.25%1 1.25%1 1.25%1 1.25%1 Non-Commercial (4012) Up to $500,000 1.00%'2.1.00%1 2 1.00%1 2.1.00%1 .2 2.1.00%1 Over $500,000 1.25%1 2 1.25%1 2 1.25%1 2 1.25%12 1.25%12 Disabled Homestead (1b) Up to $50,000 0.45%0.45%0.45%0.45% 0.45% $50,000 to $500,000 1.00%1.00%1.00%1.00%1.00% Over $500,000 1.25%1.25%1.25%1.25%1.25% Agricultural Land & Buildings Homestead (2a) Up to $500,000 1.00%1.00%1.00%1.00%1.00% Over $500,000 1.25%1.25%1.25%1.25%1.25% Remainder of Farm Up to $1,290,00e 0.55%2 0.55%2 0.50%2 0.50%2 0.50%2 Over $1,290,00e 1.00%2 1.00%2 1.00%2 1.00%2 1.00%2 Non-homestead (2b)1.00%2 1.00%2 1.00%2 1.00%2 1.00%2 Subject to the State General Property Tax. 2 Exempt from referendum market value tax. 3 2012 legislative increases. III-4 APPENDIX IV EXCERPT OF 2012 COMPREHENSIVE ANNUAL FINANCIAL REPORT The City's financial statements are audited annually by an independent certified public accounting firm in conformance with generally accepted accounting principles. Excerpts of the City's Comprehensive Annual Financial Report for the fiscal year ending December 31, 2012 are presented here. The reader should be aware that the complete financial statements may contain additional information which may interpret, explain or modify the data presented here. The City has been awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report for the year ended December 31, 2011. The Certificate of Achievement is the highest form of recognition for excellence in State and local government financial reporting. A Certificate of Achievement is valid for a period of one year only. The City has received this award every year since 1966. The City believes its CAFR continues to conform to the Certificate of Achievement Program requirements and has submitted its CAFR for the 2012 Fiscal Year to GFOA. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive annual financial report (CAFR), whose contents conform to program standards. Such CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. INDEPENDENT AUDITOR'S REPORT To the City Council and Management City of Brooklyn Center, Minnesota REPORT ON TM FINANCIAL STATEMENTS We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Brooklyn Center, Mitmesota (the City) as of and for the year ended December 31, 2012, and the related notes to the financial statements, which collectively comprise the City's basic financial statements as listed in the table of contents. MANAGEMENT'S RESPONSIBILITY FOR IIIE FINANCIAL STATEMENTS Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, AUDITOR'S RESPONSIBILITY Our responsibility late express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Siondant, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procediets selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the City's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. OPINIONS In our opinion, the financial statements referred to on the previous page present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City as of December 31, 2012, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended, in accordance with accounting principles generally accepted in the United States of America. OTHER MATTERS Required Supplementary Information Accounting principles generally accepted in the United States of America require that the Management's Discussion and Analysis, which follows this report batter, and the required supplementary information, which follows the notes to basic financial statements, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operatimutl, economic, or historical context We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the Information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basin financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Our audit was conducted for the purpose of fanning opinions on the financial statements that collectively comprise the City's basic financial statements. The hanoductory section, combining and Individual fund statements and schedules, and the statistical section, as listed in the table of contents, are presented for purposes of additional analysis and are not required parts of the basic financial statements. The combining and individual fund statements and schedules are the responsibility of management and were derived from arid relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied lathe audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to men= the basic financial statements or to the basic finaglel statements themselves, and other additional procedures In accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining and individual fund statements and schedules are fairly stated, in all material respects, in relation to the basic financial statements as a whole. • The introductory and statistical sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. Om= RgronntiG REQUIRED BY GorrawmEntrAvDmveSTAIvizaps In accordance with Government Auditing Standards, we have also issued our report dated April 29, 2013 on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of taws, regulations, contracts, grant agreements, and other matters. The purpose of that report is to describe the scope of our testing of Internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral past of an audit performed in accordance with Covemment Auditing Standards in considering the City's internal control over financial reporting and compliance. Los, es to arl SW, Po...) OS taXat, Cts,,,r/ Minneapolis, Minnesota April 29, 2013 IV-2 CITY OF BROOKLYN CENTEII, MINNESOTA STATEMENT OF NET POSITION December 31,2012 Governmental Business-Type ASSETS Activities Activities Total Cash and investments $ 26,619,399 $ 12,876,409 $ 39,495,808 Receivables: Accounts - net 400,613 2,277,441 2,678,054 Taxes 650,754 650,754 Special assessments 4,019,409 470,424 4,489,833 Internal balances 1,114,961 (1,114,961) Due from other governments 2,550,151 2,550,151 Prepaid expenses 500 199,951 200,451 Notes receivable 1,090,000 1,090,000 Inventories 114,759 733,826 848,585 Assets held for resale 9,992,117 9,992,117 Restricted assets: Cash and investments 64,000 64,000 Capital assets: Nondepreciable 3,812,942 3,263,224 7,076,166 Depreciable 44,335,787 39,142,986 83,478,773 Total assets 94,765,392 57,849,300 152,614,692 LIABILITIES Accounts payable 438,656 485,330 923,986 Accrued salaries and wages 529,505 99,060 628,565 Due to other governments 121,436 148,786 270,222 Contracts payable 39,015 175,629 214,644 Deposits payable 17,346 362,195 379,541 Accrued interest payable 313,800 33,928 347,728 Unearned revenue 8,851 206,238 215,089 Liabilities payable from restricted assets: Deposits payable 64,000 64,000 Compensated absences payable: Due within one year 126,422 126,422 Due in more than one year 1,137,798 1,137,798 Net OPEB obligation: Due in more than one year 487,353 487,353 Bonds payable: Due within one year 2,655,000 135,000 2,790,000 Due in more than one year 13,430,000 1,940,000 15,370,000 Total liabilities 19,369,182 3,586,166 22,955,348 NET POSITION Net investment in capital assets 45,261,629 42,406,210 87,264,939 Restricted for: Debt service 4,745,078 4,745,078 Tax increment purposes 15,148,835 15,148,835 Economic development 1,780,524 1,780,524 Public safety 46,536 ' 46,536 Community amphitheater 120,588 120,588 Insurance premium reduction program 77,539 77,539 Street reconstruction/maintenance 2,340,192 2,340,192 Unrestricted 5,875,289 11,856,924 18,135,113 Total net position 75,396,210 $ 54,263,134 $ 129,659,344 The accompanying notes are an integral part a Phase financialstatements. 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I CITY OF BROOKLYN CENTER, MINNESOTA RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET POSITION December 31, 2012 Fund balance - governmental funds is different from net position - governmental activities because: Total fund balances (Statement 3) Capital assets used in governmental activities are not financial resources. and therefore, are not reported in the funds. Other long-term assets are not available to pay for current-period expenditures and, therefore, are deferred in the funds. Long-term liabilities, including bonds payable, are not due and payable in the current period and therefore are not reported in the funds. Internal service funds are used by management to charge the cost of certain activities to individual funds. The assets and liabilities are included in the governmental statement of net position. Net position of governmental activities (Statement 1) $ 23,826,247 44,432,656 14,565,485 (16,398,800) 8,970,622 $75,396,210 The accompanying notes are an integral pan of these financial statements. IV-6 s.0 ...,m.,,..N q .......— .., a NN.0.,mw..0NvNVNN.,-.VVN.mmm,..q.mm M.J.CONW.O. h.-: IS 000.,,.,..--...,, .- ,...n -, ns 0.—,0 ,o a.-.. w -0m. ,. .. M N ...o m'..g 7:1 4 m .N.vmm o..vv1 00.6moNNom 4 ° N N. 8'4 •t 0 ,0 - a 8 CO C.-ol t--o c0V 1-, 11.11 0•,6 .rn vd 6 Efr. 5 N a•R...M N oo o St 3 .7'e":1 0Vm...NG vu)e.i 0..4 14 ,51qq‘15A ,1 leaqgt g2 g:&3aiM"...Vc1.,.Vm.4coo m.,c1.•.*,NNN C4C4. W. ,.....V... ., .—co..■1 0,V.^-..N ,....1-,t,I. 1---., .,, 0,--1nm ,.,.... 4ov ..4- ..,... ,e.a.-- ,- ..m m.-m- .-..,1 -.., .. ,,,, 8 0MW. 0..S N 0011 1111 1.11en 1.1.11 Nt. .IIN ..r N .1 0WMPWON.NON ...NV.. sttrinV.,,,VV,t ,1...I.-. co SO .15,0 1,1 N0O0,141,0VMNWW W.OM N G "' 1.0 1 ,11 111 11 P g '81°1111 ..,1-. M .0 0 . n nO0 n n , . M 00'4 00 A 0 . " . . 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Ottgaggr"to- ,:&.011 ..i&V.. m .a..*,. 0 — 0 cn .n -„-d..E 0 0e:=0.0 61.eg"-ii 0 wgg8874 g i 12iatulEOBtg 2 elpeig7WIlig.AEla g cd--tp E . .vt g i-aji gl ]Pm E (7...eda.gaA.w-t4M1 .4 a Ila 4 t t .w2Hp,...1.-9uu.a.2 a 0 i-tAA - . gZEUS IV-7 CITY OF BROOKLYN CENTER, MINNESOTA RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES For the Year Ended December 31, 2012 Amounts reported for governmental activities in the statement of activities are different because: Net changes in fund balances - total governmental funds (Statement 5) Governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which capital outlays exceeded depreciation in the current period. Revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the funds. The issuance of long-term debt (e.g., bonds, leases) provides current financial resources to governmental funds, while the repayment of the principal of long-term debt consumes the current financial resources of governmental funds. Neither transaction, however, has any effect on net position. This amount is the net effect of these differences in the treatment of long-term debt and related items. Internal service funds are used by management to charge the cost of certain activities to individual funds. This amount is net revenue attributable to governmental activities. Somes expenses reported in the statement of activities do not require the use of current financial resources and, therefore, are not reported as expenditures in governmental funds. Change in net position of governmental activities (Statement 2) 257,442 (1,642,155) (506,061) 2,280,000 (67,319) 89,420 411,327 The accolvenyingnetesere.an integre4part of these financial.stfitements. IV-8 et m.rm.hN. M 0..i. ‘r. o .re d A. .. cl-.F 0.1Ch 8 • ° 'T s, c4n . •N'Oeil0.01NNN MMNV -'4 4 col sei t g •to asm chh N. V V .afEN35 .h P. VI . 111.O.N OO t•Ct•On N N. O-N ,0sa 0 wt.Vh h*V.M.V1WS ■De. CO.01 Mr.`oo o A .Ner NO NN*Os tet om- I ea re;MOw. h. .1.`" - eo 0 o —NM .* so, n3-ra NflN* mOhg.0 *.‘b VaM,M0hChenas.•-•NN ,cno,,mer ' ott "1". c".N O re, — 0. er.'imm.;m ..... ... ... ":o re; to coNco N 0 co 0N et m.F.A erm Mgaa a'41 g g.mv. 00, CO o: 00 VI .41nnn h., N N.ITVet 0 ,71•-• 0. et V., I 00......4 •trt ccr inM • .Vh. MOMV tl ItII*4111 co.; Rv. 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Background: During the October 21, 2013 joint work session of the City Council and Finance Commission, staff presented the expected expenditures for operation of the City's utility services in 2014. The expenditures included total direct and indirect costs including depreciation of capital assets and administrative costs in accordance with the City's Financial Policies. Along with those costs were projections of the revenues needed in 2014 and for the next fifteen years to keep operations running smoothly and fund the infrastructure improvements needed in each of the utility systems. The cash flow analysis for each of the five Utilities indicated anticipated rate changes necessary to maintain targeted cash balances during construction of the utility improvements associated with the City's 15 year Capital Improvement Program (CIP.) For 2014, rate increases are projected for all utilities except the Storm Sewer Fund in order to maintain cash reserves, fund normal operations and finance infrastructure improvements. In the Water Utility Fund, an increase of 6% in water rates is recommended for 2014. In terms of rate per thousand gallons with the ten cities to which we annually compare our rates, this will still keep Brooklyn Center in the lower half. The biggest reason for this is that Brooklyn Center does not operate or maintain a water treatment plant as do some of the other cities. In order to fund infrastructure improvements in the CIP, short term bonding using a strategy of multiple debt issues of $2,000,000 every two years with short four to five year payoffs will be necessary to maintain adequate cash balances while keeping the rate increases at the lowest possible level; projected at 6% per year through 2019. More significant rate increases in 2015 will be necessary to finance the construction of the $18.2 million Water Treatment Plant. In the Sanitary Sewer Utility Fund, an increase of 6% is recommended for 2014. The comparison cities analysis shows Brooklyn Center is in the middle of the group with three cities higher and five cities lower. All of the cities transfer wastewater to the Metropolitan Council facilities for treatment. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM In the Storm Sewer Utility Fund, no increase in rates is recommended for 2014 as the cash balance is adequate to fund operating expenditures and infrastructure improvements. Of the comparison cities, Brooklyn Center has the third highest rates per quarter. In the Street Light Utility Fund, an increase of $0.60 to $6.55 per quarter is recommended for 2014. The Street Light Fund has financed the costs for replacement of lighting poles and fixtures as part of the annual street reconstruction program. In addition, ornamental lighting along Shingle Creek Parkway, Bass Lake Road, Xerxes Avenue, Brooklyn Boulevard and other key areas of the city must be maintained by the City. Six of the ten comparison cities operate street light utilities and Brooklyn Center is the fourth lowest. In the Recycling Utility Fund, an increase of 3% is recommended for 2014. Recycling programs are operated by seven of the ten comparison cities. Brooklyn Center's rate is in the middle of the comparison cities. In summary, the rates for the City's various utilities are recommended to change as follows for 2014: Water: Sanitary Sewer: Storm Sewer: Street Lights: Recycling: Increase the base rate by 6% Increase the base rate by 6% No rate change for 2014 Increase base charge by $0.60 per quarter for each household Increase the base rate by 3% Budget Issues: Adopting the recommended rates for the five City utilities would generate enough cash to fund operations and infrastructure improvements identified in the 15 year CIP. The bill for a household using 18,000 gallons of water would change as follows: Quarterly Bill 2013 Quarterly Bill 2014 Quarterly Change Water $28.98 $30.72 $1.74 Sanitary Sewer $70.47 • $74.70 $4.23 Storm Sewer $14.48 $14.48 - Street Lights $ 5.95 $ 6.55 $ .60 Recycling $ 8.68 $ 8.94 $ .26 Total $128.56 $135.39 $6.83 Strategic Priorities: Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2014 WATER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Water Utility rates, fees and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2014. 2014 WATER UTILITY RATE SCHEDULE Water Rates, Fees and Charges Base Rate Year 2014 $1.70 per 1,000 Gallons Quarterly Minimum Rate Meter Size 2014 Quarterly Minimum Charge 1"$ 23.89 1W'$ 30.72 2"$ 59.73 3"$ 119.46 4"$ 201.38 6"$ 460.78 8"$ 870.37 10"$ 1,160.49 Water Conservation Rate Meter Size Base Charge (minimum charge per quarter) 5/8" and 3/4" $ 8.20 Thousands of Gallons Consumption Charge (per 1,000 gallons used) Oto 30 $ 1.36 31 to 60 $ 1.70 61 and greater $ 2.54 RESOLUTION NO. Other Charges Delinquent account, quarterly charge Greater of $ 3.00 or 10% of unpaid balance Certification for collection with property $30.00 taxes Fire Service Line Charge $ 12.50 per quarter November 25, 2013 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2014 SEWER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Sewer Utility rates, fees and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2014. 2014 SEWER UTILITY RATE SCHEDULE Sewer Rates, Fees and Charges Base Rate Quarterly Residential (minimum quarterly charge) Single Family Apartment Senior Citizen Year 2014 $ 74.70 $ 52.29 $ 41.09 Non-Residential Rate Year 2014 $ 3.01 per 1,000 Gallons Fees SAC Charge set by MCES Fee Established by MCES Charges Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 Line cleaning charge Labor, materials, equipment and overhead Sanitary Sewer Connection Established annually by resolution RESOLUTION NO. November 25, 2013 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2014 STORM SEWER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center that the following Storm Sewer Utility rates and charges are hereby continued and shall be effective for all billings issued on or after January 1, 2014. 2014 STORM SEWER UTILITY RATE SCHEDULE Storm Sewer Rates and Charges Quarterly Rates per Acre 2014 Minimum Quarterly Charge Base Rate $ 57.90 Cemeteries and Golf Courses $ 14.48 Parks $ 28.95 Single Family, Duplex, $ 14 .48/lot Townhouse School, Government Buildings Multiple Family, Churches Commercial, Industrial Vacant Land $ 72.38 $ 173.70 $ 289.50 As Assigned Charges Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 Private facility cleaning charge Labor, materials, equipment and overhead RESOLUTION NO. November 25, 2013 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2014 STREET LIGHT RATES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this unifoiin schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Street Light Utility rates and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2014. 2014 STREET LIGHT UTILITY RATE SCHEDULE Street Light Rates and Charges Quarterly Rates Customer 2014 Minimum Quarterly Charge Per Dwelling Unit: Single, Double and Multiple Family $ 6.55 Residential Per Acre: Parks $ 10.90 Schools, Government Buildings, Churches $ 21.80 Retail and Service-Office $ 32.69 Commercial and Industrial $ 32.69 Vacant Land and Open Space As Assigned Charges Delinquent account, quarterly charge Greater of $ 3.00 or 10% of unpaid balance Certification for collection with property taxes $ 30.00 RESOLUTION NO. November 25, 2013 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING 2014 RECYCLING RATES AND CHARGES WHEREAS, the City of Brooklyn Center is a member of the Hennepin Recycling Group (HRG), which is a joint powers group organized pursuant to Minnesota Statutes Section 471.59 (1987); and WHEREAS, the purpose of the joint powers agreement is to create an organization by which member cities may jointly and cooperatively provide for the efficient and economical collection, recycling and disposal of solid waste within and without their respective corporate boundaries in compliance with the Minnesota Waste Management Act, Minnesota Statutes Chapter 115A (1987); and WHEREAS, the HRG has established a curbside recycling program for its member cities to meet the requirements of Hennepin County Ordinance No. 13, Solid Waste Source Separation for Hennepin County; and WHEREAS, the City of Brooklyn Center must establish rates to fund the City's curbside recycling program and the cost for projected reimbursement of recycling charges from the HRG along with other program operating charges; and WHEREAS, Brooklyn Center Ordinance No. 89-11 authorizes the City to establish rates for recycling services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the recycling charges shall be as follows for all billings issued on or after 1 January 2014: 2013 RECYCLING UTILITY RATE SCHEDULE Recycling Rates and Charges Minimum Charge per Household per quarter: $ 8.94 per quarter. Charges Delinquent account, quarterly charge Greater of $ 3.00 or 10% of unpaid balance Certification for collection with property taxes $ 30.00 November 25, 2013 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 10c COUNCIL ITEM MEMORANDUM DATE: November 18, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Mayoral Appointment of Member to Serve on Housing Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of Zachary Marko, 6714 Orchard Lane North, to the Housing Commission with term to expire December 31, 2015. Background: The Housing Commission is composed of a chairperson and six members. There is one vacancy on the commission. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's website and aired on Cable Channel 16 beginning December 7, 2012. Announcement was made in the December 27, 2012, Febrn ry 21, and July 29, 2013, edition of Brooklyn Center Sun-Post and March 6, 2013, edition of Minneapolis Star Tribune. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Copies of the application received were forwarded to City Council Members in the November 15, 2013, update. Attached for City Council Members only is a copy of the application received: Zachary Marko 6714 Orchard Lane North The applicant was notified that his application for appointment would be considered at the November 25, 2013, City Council meeting. Mayor Willson recommends appointment of Zachary Marko. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's website at www.cityofbrooklyncenter.org . The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Six Members) Current Members November 18, 2013 Neighborhoods Southeast Northeast Northwest West Central Central Southwest Applicant(s) Zachary Marko Current Members Peggy Lynn Kathie Amdahl LeRoy Houston David Johnson Judy Thorbus Ephraim Olani One vacancy. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 25, 2013 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Garbage Hauler — Minnesota Pollution Control Agency (MPCA) Presentation PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.BC University 2.Inclusion and Diversity Follow Up — Community Engagement Strategies 3.Consideration of Modifying Setback Requirements for Front Porches 4.Citywide Environmental and Sustainability Efforts Update 5. Sister City Voinjama Visit Update Parking Lot Issues 1. Joint Meeting with Charter Commission Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: November 19, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Garbage Hauler — Minnesota Pollution Control Agency (MPCA) Presentation Recommendation: It is recommended that the City Council consider providing direction to staff pertaining to the Council's consideration of the MPCA's presentation. Background: As requested by Councilmember Lawrence-Anderson, the Minnesota Pollution Control Agency (MPCA) has agreed to present an overview of their 2009 Analysis of Waste Collection Service Agreements. Also attached is additional information that was presented to the Council on October 24, 2011 pertaining to the advantages and disadvantages of "organized" versus "open" trash collection systems. The 2009 MPCA analysis and data were consulted, referenced and included as part of this evaluation and presentation. Policy Issues: None. Strategic Priorities: 0 Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life fin. al /peoplepeople and preserves the public trust MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 24, 2011 . CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion on Item 6d, An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Commercial Kennel Licenses and Potentially Dangerous and Dangerous Dog Registrations, specifically relating to whether language referencing kennel licenses should be eliminated since the City no longer issues kennel licenses. Mayor Willson noted kennel licenses are referenced in the title and Section 1, which alerts the reader there are regulations. Councilmember Lasman clarified that commercial kennel licenses are still issued for uses like veterinarians. Mayor Willson requested the following correction to the Work Session minutes of October 10, 2011: Page 2, paragraph prior to adjournment: "...consensus was reached to not move forward with driveway repair standards." It was the majority consensus of the City Council to accept the correction to the October 10, 2011, Work Session minutes. MISCELLANEOUS 10/24/11 -1- Councilmember Kleven stated Wings Financial has removed the concrete steps and it looks wonderful. Councilmember Kleven asked for an update on placement of bicycle racks. Public Works Director/City Engineer Steve Lillehaug explained the bicycle racks from Minneapolis have not yet been received and placed so they will be installed next year. He indicated that some bicycle racks were put into the park as part of another project. Councilmember Lasman suggested staff be asked to prepare a resolution of appreciation for Centennial Celebration Committee members. The City Council supported this suggestion and directed staff to prepare the resolution for the City Council's adoption. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS GARBAGE HAULER ORGANIZED COLLECTION UPDATE Mr. Lillehaug provided a brief overview of organized garbage collection, noting the City Council had discussed this topic at its November, 2010, Work Session and asked staff to evaluate potential cost impacts/savings. He presented examples of garbage hauler service rates, noting that most studies and comparisons show an organized system's rates are less; however, it is difficult to obtain accurate comparisons of what Brooklyn Center would experience. Mr. Lillehaug noted the City of Maplewood looked at a city-wide savings of $500,000 assuming 9,000 households at a savings of $55 per household. Mayor Willson asked if staff time was factored into the savings. Mr. Lillehaug stated he has not analyzed costs for staff time but would estimate a one-quarter position at $25,000. Councilmember Lasman stated her impression that the current Brooklyn Center rates were lower than with an organized system. Mr. Lillehaug stated it is correct that some Brooklyn Center rates are lower than the averaged rates of organized systems. However, a larger study would be required to confirm that to be the case. He noted the City of Brooklyn Park did such a study and determined there were potential savings of 10-30%. City Manager Curt Boganey stated he has worked in cities with organized collection and found it would be difficult to have organized collection without lower rates, on average, because it costs less to deliver the service due to increased volume per block. With regard to staff costs, Mr. Boganey explained that once the system is organized and contracts signed, the ongoing administrative costs would be relatively insignificant as long as there is a good provider. However, if there is not a good provider, staff would receive and have to respond to many telephone calls of complaint. Mr. Lillehaug agreed the average rate would be lower with an organized system; however, some haulers offer special low rates for six months so it may be difficult to get an organized system lower than what the average resident is currently paying. 10/24/11 -2- Mr. Lillehaug presented an analysis of infrastructure impact costs, estimating organized hauling would result in an 8% reduction in total daily trucks trips, which would result in little if any cost savings in most original pavement designs but noted there may be a minor decrease in maintenance at the end of the roadway life. Mr. Lillehaug advised that Brooklyn Park decided, in September of 2011, to no longer pursue an organized system due to apparent lack of public support. Maplewood, in October of 2011, issued RFPs for a single organized provider for implementation in October of 2012 and is projecting a $500,000 rate savings. The primary advantages of an organized system are lower prices, reduced truck traffic, and community control over waste management decisions. The primary disadvantage is the inability for people to choose their own hauler. Mr. Lillehaug asked the City Council if it supported pursuing organization of a garbage collection system within Brooklyn Center. Mayor Willson referenced a conversation with the Brooklyn Park Mayor Pro tern who indicated a core group of residents had supported organized collection but once the public became aware, they attended meetings to voice objection. Mr. Boganey stated that typically happens when haulers campaign against organized collection. Councilmember Kleven thanked staff for the informative and thorough report, noting Brooklyn Park did extensive research and its demographics are the same as Brooklyn Center's. She stated she understands people like the ability to choose their garbage hauler and does not support organized collection. Mayor Willson stated he does not support organized collection. Councilmember Ryan noted• haulers send notices of rate specials so the amount saved is dependent on the customer's ability to shop for a competitive rate. He indicated his concern relates to up-front costs, resident pushback, negative reaction, and potential of staff time if there are problems with the hauler. He stated staff has indicated road infrastructure impacts from garbage trucks are not that severe. Councilmember Ryan indicated he does not support organized collection, noting the City can observe efforts of Maplewood and revisit the issue in the future, if desired. Councilmember Lasman stated she does not support changing what the City has and is glad to see road impacts are not significant when factoring in all truck traffic. She felt the City Council made enough decisions for its residents and as long as the current system is working well, residents have the opportunity to pick and choose haulers and can change companies if they are not happy with the service. Councilmember Kleven asked whether the City could determine to not license additional haulers beyond the current nine companies. Mayor Willson explained a moratorium would be required to change the ordinance and such an action would throttle free enterprise. 10/24/11 -3- Mayor Willson indicated the staff study contained excellent data and was very well done. He apologized for the staff time spent on this endeavor when there is a clear consensus by the City Council to not move forward. The unanimous consensus of the City Council was to not pursue an organization of garbage collection system within Brooklyn Center. SHINGLE CREEK TOWERS APARTMENTS Mr. Boganey introduced the item and explained that Shingle Creek Towers Apartments had been auctioned several months ago but the Federal Housing and Urban Development (HUD) ultimately rejected the successful bidder and decided to hold a new auction. The City was notified that the October 20, 2011, HUD foreclosure sale of Shingle Creek Towers Apartment located at 6221 Shingle Creek Parkway has been rescheduled to November 10, 201 L HUD has decided to restrict the eligible bidders to include only nonprofit organizations and government agencies. Director of Business and Development Gary Eitel presented two aerial photos of the subject property, noting it is adjacent to the City Hall parking lot/Centennial Park. He described the 122-unit apartment building, noting it is centrally located to services, retail, and transportation. Mr. Eitel advised that the NSP account has about $1 million that would be eligible should the City Council choose to pursue purchase. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session at 6:48 p.m. Motion passed unanimously. • SHINGLE CREEK TOWERS APARTMENTS — CONTINUED Mr. Eitel asked whether the City Council has any interest in the EDA pursuing acquisition of the property, making improvements, and then conveying the property. Mr. Boganey stated, based on Hennepin County feedback, if the EDA chooses not to act there will probably be nonprofit bidders that meet all specifications established by HUD in terms of how property will continue to be operated. Shingle Creek Towers Apartments would continue as affordable housing for families. 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M -1 0 M 0_ Oftl C 0..) 0 r) C S1) (1) 0O %.■ .e-i- •.< e) -% c-1- 19•1 CD C C i—i cm 00 CD 3 7 %.0(.7)° 0_ ca.) , n -h CD 11%. -5 -2 ‹. 0 7 Cfg ■O''.., U M SD 1-1 M "' 0.) D to 3 m.- 3 m1-1 Cfcl 0 -0C ▪ C v) 0_ C1)(-I- e) r•l• rD _.• c -4. c 2 ta.)n (-) e -+ D- (1) r-l-O 0 0)-r-i- CD 1 co r9 3 o c (r) El n e-I- r+ rD 0 (I) D CD 0_, L.) 0 0 --1 0 (-1-_,• —1 . cu r—i- D (/) r-l- * v) 0 ra+ ED+ •CT z< r-t- a) CfC1 CCD _ • I ■IBO 9) HI N) D f-i- CD 0_ CD 0CD0_Q = CD ttO 0 0 0 t•■41 MEMORANDUM - COUNCIL WORK SESSION DATE: , October 19, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director.of Public Works/City Engineer 9 0-; SUBJECT: Garbage Hauler Update Recommendation: It is recommended that the City Council consider providing, direction to staff pertaining to pursuing an organized trash collection system: Background: • At the November 4, 2010, Council Work. Session, the City Council reviewed advantages and disadvantages of "organized" versus "open" trash collection systems (see attached Work Session memos dated November 4, 2010). The resulting directive by the Council was to further, look at the option of organized collection by fmding out if it would be more cost effective to have such a system. The following supplements the previous information provided to the Council and focuses on the direct cost savings that could be experienced by the City and its residents. Garbage Hauler Service Rates Monthly service fees charged by garbage haulers to residents in an "open" system vary greatly and there are many factors that go into establishing these rates. Rates gathered from providers within Brooklyn Center obtained'in October 2010 varied from $8 to $17 for an approximate 30 gallon size container and from $10 to $16 for an approximate 90 gallon container. The explanation for the variation in rates is not easily identifiable. Many factors go into establishing rates including transfer and disposal fees, fuel, size of the hauler, factors for volume based pricing, location of the community, type of service being provided, quality of service being provided, receptacle cleaning options, other optional services and even include special offers to new customers. Some of these factors are hard costs such as disposal fees, county/state fees and fuel charges that are relatively out of the hands of the hauler. Other factors lean more towards the free enterprise type of, cbsts and reasoning such as some optional services and different levels of quality of service that residents freely choose one way or another based on their needs and desires. It is difficult to provide an accurate comparison of open system rates versus organized rates and what savings if any) the City of Brooklyn Center as a whole would expect to experience under an organized system due to all of the variables. A recent Minnesota Pollution Control Agency study performed in 2009 provided comparisons of several organized and open rates and generally found that organized rates were less. However, it should also be noted that the majority of both the organized and open rates in that study were actually higher than the current rates charged in Brooklyn Center. Mission: Ensuring an attractive, clean, safe continually that enhances the quality of life and preserves the public trust MEMORANDUM COUNCIL WORK SESSION Infrastructure Impact Costs Increased truck traffic on City streets contributes to the increased wear and tear of the streets. Conversely, a noticeable reduction in truck traffic and reduction in overweight trucks on City streets may reduce this wear and tear, thus reducing maintenance costs. Currently, there are nine licensed haulers in the City of Brooklyn Center. However, not all providers haul and use every street within the City. For example, in one instance that we are aware of, one of the companies exclusively provides service to a small section of tlie City (Mallard Creek Townhomes along Uriiiy Avenue). Generally, most neighborhoods experience three or four providers. With that said, changing to an organized system and reducing to a single hauler could potentially reduce garbage hauler traffic on some roadways from 2/3 to 3/4 as much garbage hauler traffic. Als.o, it is known that some garbage haulers operate overweight, which compounds the detrimental impacts to roadways. Understanding that some roads experience only a few garbage trucks (not including separate recycling trucks) while some collector and arterial roadways experience significantly more traffic, averaging the garbage truck traffic out over an entire week and then taking into account other truck traffic (delivery trucks, service trucks, concrete trucks, tractor trailers, snow plows, etc.), garbage trucks are not as significant of an impact on the roadway system as it may appear pertaining to life cycle costs. For example: A typical average daily traffic on a low-volume, local roadway may amount to 200 vehicles per day. Typical truck traffic on these types of roadways is approximately 6% of the total amount of traffic. Therefore, on an average day, 12 vehicles out of the 200 are trucks. Assuming there are four garbage hauler providers on this same street and assuming three of those same trucks take a second trip down the same street, this results in seven truck trips on that single day. Distributing those trips over a seven day period (garbage pickup once per week), this results in an average daily garbage truck trip of one per day. Reducing the average daily truck trips on this roadway from 12 by one results in 11 truck trips per day, an 8.3% reduction. Although garbage truck traffic is very noticeable on that single particular day of the week during pickup', when averaged out and when proportioned to other truck traffic, reducing the garbage truck traffic from four . haulers to one results in a slight reduction in this example. FOr other roads with higher traffic volumes, the resulting percentages would be similar. Resulting Pavement Design Costs When designing a roadway's pavement structure, typical designs emphasize and heavily weight the design towards the amount of truck traffic on a roadway with little significance factored into the design for the amount of passenger vehicles on a roadway. With that said, using the example above, a designer could realistically expect to experience an. 8.3% reduction in truck trips that would potentially reduce the depth of a pavement design, which could equate to a cost savings in the original pavement construction. However, roadways are generally designed with a larger factor of safety than 8.3%, and in most instances this would be negligible in a pavement design and no cost savings would be experienced . with this slight reduction of vehicle traffic on a roadway. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust MEMORANDUM -.COUNCIL WORK SESSION Pavement Maintenance Costs Certainly, heavier traffic increases the wear and* tear seen on a pavement surface and its structure. If the pavement is designed properly, minor fluCtuations in the amount of typical truck traffic on a pavement are difficult to quantify and almost negligible. In Minnesota, due to the harsh freeze thaw cycle, roadways deteriorate and crack at higher rates regardless of vehicular traffic. Although I am unaware of any studies .of this nature, it is my opinion that if there were no traffic on a well designed roadway for a 20 year period compared to the same roadway subjected to typical. traffic over that same period of roadway, I would expect that both pavements would experience 'similar issues and would generally need similar surface type of maintenance practices performed to them. However, at the end of the life cycle for these two sections of roadway, traffic would certainly exacerbate the typical pavement failures experienced in older pavements with an increased number . of potholes that.would be experienced on the roadway due to the traffic. Again, it would be very difficult to attribute a quantifiable cost due to an 8.3% reduction in truck traffic as piovided in this example but could expect to see a minor decrease in maintenance at the tail end of the life of the pavement attributable to this percentage. Recently, the Minnesota' Local Road Research Board provided a .tool for the effects of truck traffic on roadways relative to the delivery of wind tower components in certain rural areas. This same methodology is currently being developed to, evaluate the effects of garbage trucks and other types of trucks on roadways. More explicit data, and a methodology are expected to be available in the near future to intrinsically determine the effect and cost of specified truck traffic on roadways. Other Factors As indicated in the attached November 4, 2010, memos pertaining to an organized versus open garbage collection system, there are many other factors, advantages and disadvantages of each system including environmental effects, noise pollution, 'aesthetics, hauler impacts, free- enterprise considerations, safety, etc. Due to these factors, several local communities have pursued an organized system recently. Over the past couple of years, the City of Brooklyn Park has evaluated and considered switching to an organized system. It is clear that there was a desire by some to switch to an organized system at one time; however, On September 26, 2011, the Brooklyn Park City Council decided to no longer pursue the switching to an organized collection system, apparently due to the lack of public, support (see attached). • Contrary to Brooklyn Park, the City of Maplewood adoPted a Resolution of Intent to Organize Trash Collection on March 28, 2011. A request for proposals for trash collection services was then pursued and on October 10, 2011, the City Council authorized staff to negotiate a City-wide residential trash collection service (organized) with a single provider. According to their schedule, it is expected that this new service will be implemented by October 1, 2012, if the City Council approves the contracted system. Their analysis indicates that with the organized system, residents collectively could save over $500,000 per year in fees. The City of Maplewood's Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION website• ://www.ci.n1D --713mn outlines their comprehensive analysis and process that was performed over the past couple of years -. Policy Issues: Does the City Council support pursuing organization of the garbage collection system within the City of Brooklyn Center? Council Goals: •Strategic: 6. We will encourage citywide environmental sustainability efforts - Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, clean, safe community Mai enhances the quality oflife and preserves the public trust MEMORANDUM 7 COUNCIL WORK SESSION DATE: November 4, 2010 - TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Direct& of Public Works/City Engineer SUBJECT: Garbage Hauler Report Recommendation: It is recommended that the City Council consider providing direction to staff pertaining to pursuing organized trash collection. Background: At the March 8, 2010, Council Work Session, the City Council requested that City staff review and report on the City's private "open" garbage collection, specifically identifying impacts due to this system on the public infrastructure, environment and the City's residents. Currently, the City only requires private garbage collectors to be registered in the City and does not operate a public "organized" system. In a related program, the City participates in a state- mandated curbside recycling program. The recycling service provides for hi-weekly collection of recyclables. Revenues are from customer service fees with expenses comprised of amounts paid to the Hennepin Recycling Group (HRG), a four-city consortium for recycling services. Attached is a memorandum pertaining to the City's open garbage collection system and the effects on the community. Co Policy Issues: Would it make a real difference to Brooklyn Center's quality of life, the environment and our community infrastructure if the City had fewer garbage trucks on our streets? Does the City Council support organizing the garbage collection system within the City of Brooklyn Center? Council Goals: Strategic: 6. We will respond ,to increased Public awareness arid interest in environmental sustainability and green community issues Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust ii,Mee BROOKLYNCEIV7Z7? DATE: November 4, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug; Director of Public Works/City Engineer SUBJECT: Organized vs. Open Garbage Collection . Introduction • On March 8, 2010, the Brooklyn Center City Council directed staff to report back to the City Council pertaining to the impacts of having an "open" garbage collection system and what the City could do to minimize the negative impacts as part of a Citywide long-term goal. The following provides information pertaining to garbage collection systems. Background The City of Brooklyn Center ha § had an "open" system of trash collection for many 'years. The City does not provide refuse collection as a municipal service with exception to recyclable materials. As part of a state mandated initiative, the City participates in a four-city consortium for recycling services called the Hennepin Recycling Group (BRG). Other garbage collection is contracted directly with independent haulers that are only required to.be licensed in the City of Brooklyn Center (see attached License Requirements and Application forms). This "open" system of trash collection is yery common in Minnesota but is not the only way to manage municipal solid waste. Trash collection could be managed by a public entity (e.g. City or County). Options consist of a City completely running the program by using City employees and trucks, or by managing the contracting of a single or multiple companies that would be used Citywide. This is called public or "organized" collection. These types of organized systems significantly reduce the number of garbage trucks traveling over the same stretch of roadway. The City of Brooklyn Center has maintained an open system and has not ventured into organized trash collection. Issues that exist with garbage collection systems include impacts by garbage trucks on the public infrastructure and the environment, costs, efficiency and effectiveness, and competitive free enterprise in,the hauling industry versus public policy. Many Cities have attempted to and/or addressed this issue over the years and handle solid waste in numerous ways. Recently in June 2009, the Minnesota Pollution Control'Agency (MPCA) issued a comprehensive 271 page report on an Analysis of Waster Collection Service Arrangements. This report developed quantifiable information comparing open and organiied residential municipal solid waste and recyclable collection systems that are currently in place in cities abross Minnesota. A copy of this complete report can be obtained from. the City's Public Works Department or can be viewed at the following website: http://www.pca.state.mn.us/index.php/view-document.html?gid=4514 MEMORANDUM I. Effects of Garbage Trucks on Public Infrastructure and the Environment Impact of Truck Weight on City Streets It is well known that increased truck traffic on roadways is detrimental to them and increases the cost of maintenance. Reducing the number of multiple garbage haulers driving up and down the streets during collection day is typically high on the list of residerits' concerns. This concern about the impact of garbage.trucks on the City's infrastructure is not unfoimded. The recent MPCA study includes data that a garbage truck trip has a roadway weight impact factor equivalenf to approximately 857 to 2,286 cars. It is evident that garbage trucks alone contribute a significant amount to the wear and tear on our public streets due to vehicle weight. Over the past 20 years, the City of Brooklyn Center has made a significant investment in its City streets through the strategic infrastructure reconstruction program amounting to approximately $50,000,000. Any strategy that helps protect and prolong this investment would be very beneficial to the City and to the residents that directly pay for portions of these projects. All evidence shows that the change that could 'do the most to reduce the impact of heavy garbage trucks on our streets Is to reduce the number of trucks driving on them. Public Safety Public safety concerns caused by the number and frequency of large trucks moving quickly through residential neighborhoods have not been identified in any significant study that I could find. However, it is intuitive that less truck miles traveled would in turn reduce the potential for accidents involving garbage trucks and improve safety in general.. Air and Noise Pollution • Garbage trucks contribute to more than wear and tear on our public streets. Emissions of air pollutants are directly related to fuel consumption and the number of trucks doubling up and traveling the same routes. Likewise, noise pollution is an issue with higher levels of vehicle traffic with some garbage trucks exceeding 100 decibels, a noise level that can cause hearing loss. Likewise, all evidence shows that reducing the number of garbage trucks on our streets will result in significant reductions in both air and noise pollution, adding to the quality of life for the City's residents, including the operators of the garbage trucks. IL Efficiency and Costs Improved efficiency in a City's solid waste collection system is meaningful and does really matter. Improving means to pick up more waste with fewer trucks and fewer people in less time over a smaller distance can have a big impact on total costs. Table 1 provides a quick comparison of these rates. There are many factors that go into establishing the rates for garbage collection services including cost of collection services, transfer and disposal fees, fuel, factors for volume based pricing, etc. Special deals may also come into consideration where haulers sometimes offer as much as six months free service to new customers. However, in general as shown in Table 1, organized systems usually result in lower costs for the consumer. Table 1. Average Monthly Service Rates Charged to Residents • Page 2 of 5 Collection System Average Monthly Rate 30 Gallon 60 Gallon 90 Gallon Organized MSW $14.83 . .$16.98 $22.23 Open MSW $22.64 $25.46 $26.50 Difference $7.81 $8.48 $4.27 % Change +534 +50%+19% Source: "Analysis of Waste Collection Service Arrangements," MPCA, Foth Infrastructure & Environment, 2009, pg. 55 See the attached rate schedule for a comparison of licensed providers in the City of Brooklyn Center. The rates that were provided by the garbage collectors for Brooklyn Center customers are generally lower than the typical averages as shown in Table 1 for other Minnesota Cities. Ill Summary ofAdvantages/Disadvantages The following tables are provided to evaluate the pros and cons of an open system versus an organized system. Table 2. Advantages/Disadvantages of Open Collection Systems Advantages •Choice — Households are free to continue to choose their hauler based onpreferente 4 There is a direct relationship between the hauler and the customer that allows the customer to shop around or change if dissatisfied • •None to very minimal administrative costs or burdens for public entities •Small haulers are more apt to compete for a portion of the accounts — entry level requirements for new businesses is low . Haulers are more likely able to shop for lower disposal prices or use their own facilities Disadvantages •Usually results in a more expensive monthly cost Results in more truck traffic with potential associated impacts of: ■ Added street maintenance ■ Air quality/vehicle einissions ■ Safety/vehicle accidents Aesthetics (containers out more days of the week), noise, and litter •Inconsistent charges, for the same level of service in a community, even among customers of the same hauling company •Reduced ability of the community to effectively manage solid wastes *Haulers switching from one landfill to another due to price results in exposureto liability at more sites Source: "Analysis of Waste Collection Service Arrangement," MPCA, Foth.Infrastructure & Environment, 2009, pg. 4 Page 3 of 5 Table 3. Advantages/Disadvantages of Organized Collection Systems Advantages •Increased efficiency enabling a lower cost per household •Decreased impacts from truck traffic ••Decreased fuel consumption•Greater control to establish service requirements including: t Ability to standardize service makes public education simpler Ability to provide access to special service needs at known, controlled•costs Volume-based pricing to achieve waste abatement goals * Delivery destinations for processing and overall solid waste management t Factors affecting recycling and diversion such as variable rate pricing t Improved control over resident's actually using garbage service Ability to set specifications on the size and quality of trucks used•Ability to competitively bid service on a regular basis helping promote lower c.osts•Can be used to generate revenues to support other services •. Disadvantages •'Households do not have a choice of theirhauler•Greater administrative involvement by the public entity•Small haulers have higher "entry" requirements to get in the business along with competitive opportunities limited to contract openings•Current organized collection statutory process to convert from open to organized is cumbersome and difficult politically Source: "Analysis of Waste Collection Service Arrangements,l i MPCA, Feth Infrastructure & Environment, 2009, pg. 6 IV.The Garbage Hauler Conundrum Many Cities have evaluated both systems at one time or another and in some instances, multiple times. It is apparent that the decision has not been easy for many communities to switch to an organized system even when the pros seemingly outweigh the cons. Many communities receive pushback from residents and private companies and their desire to maintain an open, non- governmentally controlled system, regardless of the benefits. The pushback being so much that many Cities simply abandoned organized garbage collection even after perforthing exhaustive studies that guided them differently. . V.Neighborhood Garbage Collection Organization Option In an effort to keep an open system yet experience some benefits of an organized system, some cities have assisted with "neighborhood garbage collection organizations". In recent years, City staff set the ground work for this in Brooklyn Center by developing an informational packet. The packet guides interested neighborhoods in developing and implementing this voluntary Page 4 of 5 program to help address the issues that some residents experience due to an open collection system (see attached Neighborhood Garbage Collection Organization Info Packet). However, I am unaware of any Brooklyn Center neighborhood or organization that has formally followed through with a volunteer organized collection 'program. A more strategic implementation of the neighborhood organized collection program may provide a better balance to address the issues experienced with exclusive open and organized systems. Attachments Brooklyn Center License Requirements (web site) Brooklyn Center Garbage Collection Vehicle Application Brooklyn Center Garbage Collection Vehicle Application Information Sheet Garbage Hauler Rates in Brooklyn Center DRAFT Brooklyn Center Neighborhood Garbage Collection Organization Info Packet A Page 5 of 5 1 t i•[1 1 ;1 '4 .r? f. 1-• • : . I 11 •...A-W%V•A 2- - City of Brooklyn Center -- Garbage Collection Vehicle Page 1 of 4 Home-- Brooklyn Center Garbage Collection Vehicle License Requirements11111111Mayor / CouncilCommissions / Charter City Code of Ordinances Residents Community/News/Events Departments/CityServices Recreation ME1.111.11.1111111Community Center arks and Trails A11111.1111111111MCenterhrook Golf Course .111.111.111111=11Earle Brown Days Festival. Earle Brown HeritageCenter Cultural Diversity City Documents Government Links Salary Notification Site Map Disclaimer/Copyright 1 In Departments/CityServices: 1dministration Contact Information The City of Brooklyn Center requires the licensing of garbage collection vehicles as defined in Chapter 7 of its Ordinance. The license period is July 1 through June 30. Please complete or provide the following: License Application —.completed information as required in Chapter 7, Section 7-103, of the City Ordinance (see below to download application) Annual License Fee - $85 per cOmpany,'plus $25 per vehicle (checks made payable to the City of Brooklyn Center) Certificate of InsurarIce — certificate of insurance frOrn your insurance carrier Vehicle Inspection Report— copy of a vehicle inspection report for each vehicle as prescribed by the Minnesota State Patrol Vehicle Information Sheet— completed information sheet identifying vehicles and services (see below to download form) Proof of Workers' Compensation Insurance Coverage Form — completed form as required by Minnesota Statute Section 176.182 (see below to download form) Minnesota Business Tax Identification Number— completed form as required by Minnesota Statute Section 270.72 (see below to download form) Insurance Requirements Section 7-103, Subd. 4. INSURANCE. AppliCants for licenses must maintain for the following minimum insurance. Commercial Automobile Liability Insurance Covering All Owned, Hired, and Non-owned Automobiles — Limits of Liability: Combined Single Limits - $500,000 each occurrence; or Bodily Injury - $100,000 each person, $500,000 each occurrence; and Property Damage - $50,000 each occurrence In the event applicants for licenses use refuse collection bins furnished for their clients, then the following additional coyerage is necessary: Commercial Liability Insurance Covering All Operations and Completed Operations — Limits of Liability: Combined Single Limits - $500,000 each occurrence, $500,000 aggregate; or Bodily Injury - $100,000 each person; and Property Damage - $500,000 each occurrence • mhtml:file://G:\Administration\Council\ Upcoming Council items\Garbage Hauler Reprt WORKSESSIO... 11/1/2010 Business Licensing Amusement Devices Bowling Alley Christmas Tree Sales Commercial Kennel Fireworks - Consumer Garbage Collection Vehicle Gasoline Service Station . Liquor - 32 Percent Malt Liquor Liquor- Intoxicating Liquor- Temporary or Special Events Massage Establishment Mechanical Contractors Motor Vehicle Dealership Pawnbroker Public Dance Rap Parlors, Conversation Parlors, Adult Encounter Groups, Adult Sensitivity Groups, Escort Services, Model Services, Dancing Services, or Hostess Services Rental Dwellings Saunas or Sauna Baths Secondhand Goods Dealer Sign Hanger Tattoo and/or Body Piercing Establishments Taxicab Coverage is to be provided by an Insurance Carrier who holds a Certificate of Authorization • (licensed) with the State of Minnesota. Evidence of such insurance shall be in the form of a Certificate of Insurance, ACORD form, or similarly approved form. The Certificate shall require that the City be furnished thirty (30) days prior written notice of any cancellation, non-renewal, or major revision. Such Certificate shall be in the hands of the City Clerk prior to any issuance of license. It is expressly understood that this insurance and these limits are for the citys requirements only and do not represent the complete coverage the licensee should carry. License Approval Upon the City Clerk's receipt bf a completed garbage collection vehicle license application, appropriate license fee, certificate of insurance, vehicle information sheet, copy of vehicle inspection report per each vehicle, Proof of Workers Compensation Insurance Coverage form, and Minnesota Business Tax Identification Number form, the license application shall be presented to the City Council for consideration at its next regular meeting. The City Council meets the 2nd and 4th Monday of the month. License materials must be submitted at least seven (7) days prior to a City Council meeting. Questions - For more information relating to license requirements for garbage collection vehicle licensing, please e-mail the City Clerk or call (763) 569-3308 Monday — Friday 8:00 a.m. 4:30 p.m. Garbage Collection Vehicle License Application IN Garbage Collection Vehicle Information Sheet di Proof of Workers' Compensation Insurance Coverage If Minnesota Business Tax Identification Number Page 2 of 4City of Brooklyn Center — Garbage Collection Vehicle mhtml:file://G:\Administration\Council\ Upcoming Council items\Garbage Hauler Reprt WORKSESSIO... 11/1/2010 City of Brooklyn Center -- Garbage Collection Vehicle Page 3 of 4 Tobacco RelatedProducts Elections and VoterRegistration Human Resources -Employment Deer ManagementPlan Random Acts ofKindness Data PracticesRequests ForeclosureInformation 2009 BrooklynCenter Resident Survey Census 2010 DonationInformation Assessing Building & Community Standards Business &Development ;ornmunity Activities,Recreation andServices Financial Services Fire Police Public Works Search Et] ® Full Site This Section Search Tins Printer-friendly Version This is the official site of the City of Brooklyn Center, Minnesota Home-- Brooklyn Center I Mayor! Council! Commissions / Charter I City Code of Ordinances I Residents I Community/News/Events I mhtmhfile://G:\Administration\Council\ Upcoming Council items\Garbage Hauler Rept WORKSESSIO... 11/1/2010 City of Brooklyn Center -- Garbage Collection Vehicle Page 4 of 4 DepartmentslCity Services I Recreation I Community Center I Parks and Trails I Centerbrook Golf Course I Earle Brown Days Festival I Earle Brown Heritage Center I Cultural Diversity I City Documents I Government Links I Salary Notification I Site Map Disclaimer/Copyripht pnwertd by 4,go,, mhtml:file://GAAdministration\Council\ Upcoming Council items\Garbage Hauler Reprt WORKSESSIO... 11/1/2010 Thursday - West of Brooklyn Boulevard/1-94111wy. 100, North of Robbinsdale Boundary, East of Noble/Brooklyn Park Boundary, South of 73rd Avenue Friday - West of Mississippi River, North of 63rd Avenue, East of Hwy. 100/I- 94/Brooklyn Boulevard, South of 73rd Avenue Allied Waste Services 763-784-2104 Aspen Waste Systems 612-884-8008 Budget Waste Systems 763-231-2005 Garbageman, Inc. 763-230-7499 Randy's Sanitation 763-479-3335 T & L Sanitation 763-560-3610 :ity of Brooklyn Center -- Waste Haulers Home-- Brooklyn Center Mayor / Council / Commissions / Charter City Code of Ordinances Residents Community/News/Events Departments/City Services . Recreation Community Center "arks and Trails Centerbrook Golf Course Earle brown Days Festival Earle Brown Heritage Center Cultural Diversity City Documents Government Links Salary Notification Site Map Disclaimer/Copyright Waste Haulers. The City of Brooklyn Center wants to ensue that the public ..healthand welfare of Its community Is maintained. Chapter 7 of the City Ordinances, along with County and State laws, require that every household, agency, business, and facility have, at a •minimum; weekly collection of garbage and refuse from the premises, and require •them to recycle paper and corrugated cardboard, metal food and beverage cans, plastic bottles with narrow necks, and glass food and beverage containers : Garbage Collection Residential garbage service providers must be licensed by the City of Brooklyn Center. Residents may select a licensed company of their choice and serVide needs (see sidebar to right of this web page for list of licensed haulers). The common container is a cart on wheels that is brought to the curb on collection day. Garbage containers should be set at the curb on the day of collection only and returned to a storage place that Is Inside, out of Common site. A company collecting curbside from single-family residential households must collect according to the collection zones adopted by the City Council (see Collection Zones map and Zone Descriptions above). Recycling Overview Residential collection is a City contracted utility .service with one collection company. Every household must recycle paper, corrugated cardboard, metal focid and beverage cans, plastic bottles with narrow necks, and glass containers. Recycling carts are available In 35, 64, and 96-gallon varieties. The recycling service is billed quarterly on your sewer/water utilitY bill. This fee pays for curbside recycling collection, the yard waste drop-off iite, special events, public education, and administration. The fee is set by City Council action and can be adjusted according to contract costs. Hennepin County contributes approximately $8.50 per household per year toward the program. For more information on recycling, visit our Recycling web page. • tttp://eityofbrooklyncenter.org/index.asp?Type=13 BASIC&SBC={52DB1954-4166-49C2-858,3-47885FC2BBC3)[11/4/2010 12:35:03 PMI ity of Brooklyn Center.- Waste Haulers Course Chamber of Commerce - North Hennepin Area Chamber of Commerce - TwinWest City Council Members City/Parks Maps Community Guide Consumer Confidence Report Guide to Good Neighborhoods - Property Maintenance and Livability Standards Homestead/Property Taxes Local Library - Brookdale Regional Center Local Newspaper - Brooklyn Center Sun- Post Mosquito Control Information Odd-Even Sprinkling Ban Parks and Recreation Prescription Discount Card Program Recycling Resident Newsletter City Watch Schools/Education Tourism - Visit Minneapolis North Utility Companies Serving Brooklyn Center Voting Waste Haulers eCitizen Center Brooklyn Center Business Association Utilities- Water & Sewer Animals Walter's Recycling & Refuse 763-780-8464 Walz Brothers Sanitation 763-493-3474 Waste Management 952-890-1100 utp://eifyofbrooklyncenter.org/index.asp?Type=)3 BASIC&SEC=[52DB1954 -4166 -49C2 -8583 -47885FC2BBC3)[11/4/2010 1235:03 PM] City of Brooklyn Center -- Waste Haulers printer-friendly Version _a -.-ra-f•i_.=-1-711, Home-- Brooklyn Center I Mayor / Council / Commissions / Charter I City Code of Ordinances 1 Residents 1 Community/News/Events I Departments/City Services I Recreation I Community Center I Parks and Trails I Centerbmok Golf Course I arle Brown Days Festiva( I arle Prown Heritage Center 1 Cultural Diversity I City Documents I Government Links I Salary Notification. I Site Map I Disclaimer/Copyright myered by 4c.,„ OVoffixamt _ Ittp://eityofbrooklyncenter.org/index.asp?Typel BASIC&SEC--(52DB1954-4166-49C2-8583-47885FC2BBC3)[11/4/2010 12:35:03 PM] 2i0 of Brooklyn Center 6301 Shingle Creek Pkwy 55430-2199 (763) 569-3300 License Application rffnua ee: /company $25/vehicle Garbage Collection Vehicle Prorated Fee: Annual Ex a [ration: June 30 TO THE HONORABLE CITY COUNCIL: Date: OPERATOR • Company Name: Address: (Street Address, City, State, and Zip) Telephone Number: OWNER (APPLICANT) Company Name: Address: (Street Address, City, State, and Zip) Telephone Number: The undersigned hereby applies for a garbage collection vehicle license and acknowledges receipt of a copy of City Ordinance Sections 7-001 through 7-113 and agrees to comply at all times with all laws, ordinances, or regulations applicable whether they be federal, state, county, or municipal. Submitted with this application is a copy of applicant's insurance certificate, proof of workers' compensation insurance coverage, Minnesota business tax identification number, information sheet identifying vehicles and services, and a copy of vehicle inspection report for each vehicle as prescribed by the Minnesota State Patrol. Information is collected to ddtermine eligibility for license. Failure to provide information requested may result in denial of application. , being first duly sworn, upon his/her oath deposes and says that he/she is the person who has execufed the foregoing application and that the statements made therein are true of his/her own knowledge and belief. Signature of Applicant Subscribed and sworn to before me this day 'of • Notary Public County My Commission expires I Ci01 of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, PLV 55430-2199 763-569-3300 INFORMATION SHEET TO BE COMPLETED AND SUBMITTED WITH APPLICATION FOR GARBAGE AND REFUSE COLLECTOR'S LICENSE 1.Business Name: Address: Phone: 2.List make of vehicle, the vehicle number (if any), and the vehicle license plate number: A. B. C. D. E. F. (use other side if more vehicles) 3. Frequency of service to be rendered (minimum): A.Commercial establishment: B.Residential dwellings: C. Multiple dwellings: 4. Types of material collected:' A.Garbage (food wastes): B.Refuse (cans, bottles, ashes, trimmings): C. Other (explain): 5. Statement of policy regarding extent and/or limitations of service and condition of pick-up: 6. Method of final disposal: A.Landfill: B.Incineration: C. Other (explain):• 7. Lecation of final disposal facility: 8.Name and address of disposal facility: Name: Address: 9. Applicant's Signature Date coill1.- 0z . itu ..0>ta,... >•• 'CIU70 80.c01pf0E' -42.c 0z U .2 ftv00, tr)-to •• tu '0 VIw g„,-130 G013C ..,..7 -iiio ccoo '42, -j ..63 0 m oa, .ca7.coP-a-a< u;tua, 1...o VIOJ ,,, 0x c.2a,-a E0 V-6 w.0 ,.......,- oo "I-o to.,5to 42 CO.0 -v,. 8 4.-0a, ru.cr., c•o:0-a-a CAw,‘,.-ac Mto.,,,,, 4-' z o.T., tr,E. 0. 7t .- • ola,a,4.I...00CUx.2a10=.-6•C..., .cmg0 4:0.1 >'2a•>..0 'CS01.o'52o. C0to ME . 42t 0z cct.04.. ' E 00t:uo.r,014. Cm VI,x.2a,'0 . 2C-6 o ..5.4.. Ilio ccoco '00,00 -0a m 1:1 Ec .0 T ti01 ro Is Triu 0q 't° CO-a 14.0< e u; a)0 to C0.1 1... 0 t... u.0 I- al V,a, 42 7,— x q Ev --4 to tu -to o'0 ■I4... 4.•00 01.-1 0, •u:.5. an CO4.. '- -0-0 .2 •c)cooto — to0 07,0 -0 .0 ,. . wCD tti co To2 .22 8;›... o0> "..C CCM Ma EE oo.c° CE.,:0 0I-- I-- .—.Mb.0 al - atoal aqtou-1at 7'3013 ntcn . COto In 0 inCOcr‘.-1 0) toCO..4.‘-.1 To'to0CO 0V0r-I4" . . . "iii bn 0 73to 031.0 0in vfe-i(/) 73D.0tP, CO InCO CVriin .6 CD to to 00 .09 ifl• ..., TO0to oc:CO . •-• 0CA COM • •oinCortth - Toto to01cot-t 0q' N,-I toa)0t-r • Totu) CoN •. co•c!vr •01. oa 0Co aqCOif? ' . . L.,0 L.COU a) U)CO Coa14,< CU V/ (‘:'..0 a).—-< 1,5›,toa) t CO 4,(1.1an-00co •. C '03 a)120CO_a .L.COI....7 'C, 0tp CO •;I:= CCOtr)to.->. 'aCcoo ao*.Gco:IC'•Cco0 -104 I- to to-4_,ta 4..•Eona to tco . 001...ca. 1•4nu ao-or BROOKLYN CENTER Neighborhood Garbage Collection Organization Information Packet WHAT IS THE NEIGHBORHOOD GARBAGE _COLLECTION ORGANIZATION? The current garbage/recycling collection system in the City of Broo lvntbenter allows residents to contract individually with a licensed hauler. While this system permits free e lof choice, it may lead to multiple garbage/recycling trucks in each neighborhood. In order to Le we truck traffic, neighborhoods may choose the same hauler to collect their garabe/recycling. Itgiibor oods that participate in the . Neighborhood Garbage Collection Organizations cattrealize severe -be efits. Fewer trucks mean: 1.increased levels of safety due to lessiti ic and congestio 2.decreased noise levels, 3.decreased wear and tear on city stm0 4.increased bergaining power with theiliSler for price,and services SUGGESTED ACTIVITIES FOR TH LNEiPiQRHOOff 1.Establish a neigh OW d leader - Themeighbo people or a c eommi e.etormviv2.Define the neig borhood.'1 0qe the bow - es are set,.ailist of residents and their addresses,will need to be corn Jed. This ist will be used o inform neighbors about the Neighborhood Garbage Collectionfarganiz A sample le er informing residents about the program is .includedgin.this packe e leffer gaujhe op rap to either call the neighborhood leader with a re iva %,/e pl y fora(eamp Vitiated witetter) to the neighborhood leader. If the tie gh orhood leX,er knoMor reside s insthe neighborhood, they may want to send a letter o all to let thenirrirw he.collection p ograrn that has been e6tablished. 3.Choose a hauler. Once the neighborhood leader has an estimate of the number of households thati4ilhbe participating the prot,nand an idea of the type of service desired, the different haulers, an be contacte citdetermillat ptions for services and rates. A sample workshee ecklist has beaprovided to give the neighborhood leader an idea of some questions that may be advitVle to ask haulers and information that will be helpful before contacting the a lers Determining the choice of the hauler will usually require a meeting of 4.gall • •interested neigh o After aY consensus is reached; the hauler that was chosen needs to be informed of the pa lotAling residents. It is suggested that a list of the participating households be sent to the haulerI-Wh the name of the neighborhood organization so the haulercan check off the names as the residents call in to establish services. 4.Establish Collection Service. Residents who choose to participate in the Neighborhood Garbage Collection Organization should contact the hauler to establish the new service. The resident also needs to call their previous hauler to cancel service. The neighborhood leader may need to follow up with answers to additional questions from neighbors before service is established. 5. Contact City. If you have questions regarding neighborhood garbage/recycling collection, contact the City of Brooklyn Center at 753-569-3300. "4-%-The Neighborhood GarbagesCollectiorganization is oluntary option, chosen by neighborhoods, to encourage environmentally friendly Ongfer services, as we ,:lpromote neighborhood cooperation. 6301Shingle Creek Parkway, Brooklyn Center, MN 55430 (Phone) 763-569-3300 TTY 711 (Fax) 763-569-3494 jj Each rdividi.TUoustomer billed D T ssociation her: old will have a oice of the e has the same level of service 090 El Other for al 3:eustomersir , as an option to customers carts will be provided home will be provided with yard waste plo -up D Each home will choose if they want yard Waste pick-up O Special pick-ups O Other 2.How will the hauler bill customers? 3.What level of service is desired? e'd ICiv of BROOKLYNCENTER NEIGHBORHOOD GARBAGE COLLECTION ORGANIZATION WORKSHEET/CHECKLIST Date: Neighborhood: Information to be determined before haulers are 'contacted Al* . Number of households participating in the organization 4 7. How will the recycling material be 0 Separate bags for each material • prepared?O Commingled; some or all materials combined 6301Shingle Creek Parkway, Brooklyn Center, MN 55430 (Phone) ;763-569-3300 TTY 711 (Fax) 763-569-3494 Cifrof BROOKLYN CENTER Worksheet/Checklist (continued) QUESTIONS TO ASK HAULERS HAULER NAME SAMPLE QUESTIONS TO ASK HAULER ' . . •••, ,4 N tt4, 1.1, , •A ' .,_a ...--...-4• Atx _ • 4 f: .a. new accounts for a discount rate? di 1.What is the minimum number of rA.,'..1141.=4' 2.Are services guaranteed in xi writing? ;... ...).,1 L 3.How long is the price guaranteed -for? • 4.What is the month! atelier otr neighborhood? • ., . fr .•-ci ,•._,_•30 gallon --iv ' 1_ _ N. •• „,,, 4 •F 1 i \ .4 - , • 60 gallon ''",,44-b A"'ID -1 . -1 --_,k 900, Ire __,..•Are ekris included in tffifelt? 1- •,, _' 6.Does the rA-;1 dude tax? %•_ „I -....,..,4 7.Cost for yard wrslb lick-up? --1'4 , -11--•.. 8.Can the pick-up timee seffIT the neighborhood? ••. • 9.Other (specify)• 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 (Phone) 763-569-3300 TTY 711 (Pax) 763-569-3494 Icivor r BROOKLYN CENTER Dear Neighbor, " Greetings. I would like to introduce myself as the neighborhood organizer for the Neighborhood Garbage Collection Organization, a program to organize the collection of garbage/recycling. I am initiating an effect to have only one hauler service our neighborhood. The intent of this program is to reduce the number of collection vehicles that travel through our neighborhood. By organizing our neighborhood and reducing the number of collection trucks, we would experience several benefits: •increased levels of safety due to less traffic •decrease noise •decrease wear and tear on ourstreets •decrease air pollution •decrease consumption of energy o possibility of reduced rates for collection se 4:5;i:14The City of Brooklyn Center is promoting this progranjhopes of saving costs of oad repair and providing residents with safe, environmentally sound, cost-effectivedollection service t e program. Th epoluntary program; no ne Is required sinpitahauler togeth if you decide to participate. To do the &WI ate of the n rnber of households that would be jousehold'l determine the collection rates e program a or may not involve changing-ervice r area will offset any I would like to know if you are interesie to participate. We will be working on cho necessary background work, I need to kn interested in the program. The number of when the different haulers are contacted. Pa haulers, but we are hoping -benefits of inconvenience on your •me if Please fill out and return in the process, if you are in Please feel egto.con ae 04, ireSincere•1-;--0 tatting you about choosing the hauler, the next step dress: ,Affty.474. I am inte?eétjdJriarticipatirig. I am not interested in participating. Name: Address: Phone Number: (Day)(Evening)- 6301Shingle Creek Parkway, Brooklyn Cente -r, MN 55430 (Phone) 763-569-3300 TTY 711 (Fax) 763-569-3494 City of Brooklyn Park •Request for Council Action Agenda Item:8.1 Meeting Date:September 26, 2011 Agenda Section:Discussion Items Originating Department:Operations & Maintenance Resolution:N/A Prepared By: Denise Rene Wollenburg, Elizabeth Tolzmann and Kara Trygestad, Administration Emily Bowers and Dan Ruiz, Operations & MaintenanceOrdinance:N/A Attachments:8 Presented By:Jamie Verbrugge Item:Organized Collection City Manager's Proposed Action: N/A Overview: On June 6, 2011, the Citizen Long-range Improvement Committee (CLIC) gave a recommendation to the City Council to hold a public hearing and pass a resolution of intent to organize the garbage collection system consistent with the goals outlined in their Solid Waste Collection System study, which are to be a city, proactive and committed to being "Economically Green," improving the City's environment, while promoting a possible lower cost of service with high efficiency, adding more safety in our neighborhoods and conserving our streets. The City Council took the recommendation under consideration and asked staff to develop a community engagement plan to get more feedback from residents on the issue of organizing the garbage collection system. Staff convened three community café style public meetings; one in each voting district in the City. The meetings included an overview of organized garbage collection by staff from the MN Pollution Control Agency (MPCA) and insights from CLIC on their two year study of garbage collection. Three garbage related questions were asked: 1)What are your thoughts on organized garbage collection? 2)What do you value most about your garbage collection service? 3) What suggestions do you have to improve the garbage collection system? Approximately 420 residents attended the cafés. Approximately 85% of the attendees opposed and 10% supported organized garbage collection. The remaining 5% wanted more information. Detailed categories of responses and sample comments are in the attached Community Café Report. Staff also identified the opportunity to add some garbage related questions to a citywide survey that was being done. Preliminary results of the survey show that 62% of the respondents oppose or strongly oppose changing to organized garbage collection system, 25% support or strongly support changing to an organized system and 13% don't know or need additional information. 8.1 Page 2 An online survey on the City website had 156 responses. Approximately 86% of the respondents opposed and 14% supported organized garbage collection. Staff also received feedback from _approximately 74 residents through phone calls, letters and e-mails. Approximately 76% of the respondents opposed and 24% supported organized garbage collection. City Council received feedback from approximately 400 e-mails. Approximately 88% of the respondents opposed and 9% supported organized garbage collection. The remaining 3% were unsure or wanted additional information. At a recent City Council Meeting, an additional question came up about cost comparisons between open collection and organized collection systems. Cost for garbage collection varies considerably depending on which company one chooses and what services one requires. The best way to know exactly what an organized system would cost in Brooklyn Park would be to go through the formal process as described in MN Statute 115A.94, however, some conclusions may be drawn by comparing costs. City staff members residing in Brooklyn Park were asked if they would volunteer a copy of their garbage bill to assist with a small sample of pricing. A chart with 21 responses is attached as Item 8.1E. The chart lists the base price for garbage collection and a price including fuel charges. No taxes or additional services were included in the chart. The garbage bill prices were compared to the hauler reported base rate in the Basic Services Schedule (Published Garbage Rates - Attachment 8.1F). The Basic Services Schedule is compiled by staff twice per year by calling each garbage hauler and asking them for their price. This document is provided to residents on-line and upon request to help them select a garbage hauler. Actual prices charged by garbage haulers vary considerably compared to the Basic Services Schedule (Published Garbage Rates). Attachment 8.11-I compares the sample garbage bills, the Basic Services Schedule (Published Garbage Rates), and an organized city (Blaine) and shows a snapshot of potential savings between open collection and organized collection. The prices are for garbage service only and do not include the cost for recycling or yard waste service. The Brooklyn Park Basic Services Schedule (Published Garbage Rates) shows 30 gallon garbage service is 59.39% higher than 30 gallon service in Blaine, 60 gallon service is 23.78% higher than 60 gallon service in Blaine and 90 gallon service is 17.58% higher than 90 gallon service in Blaine. It should be noted that 90 gallon service in Blaine includes unlimited trash service, bulk item (furniture) pick-up, and brush service. Actual sample garbage bill pricing shows 30 gallon garbage service is 103.8% higher than 30 gallon service in Blaine, 60 gallon service is 52.02% higher than 60 gallon service in Blaine and 90 gallon garbage service is 22.34% higher than 90 gallon service in Blaine. Primary Issues/Alternatives to Consider: 1.Do nothing - Keep the garbage collection system the way it is. 2.Direct staff to set a date for a public hearing to formally consider a resolution of intent to organize the garbage collection system. Budgetary/Fiscal Issues: N/A 8.1 Page 3 Attachments: 8.1A COMMUNITY CAFE REPORT 8.1B CLIC GARBAGE COLLECTION SYSTEM STUDY 8.1C MPCA SOLID WASTE COLLECTION REPORT PRESENTATION 8.1D MN ORGANIZED COLLECTION STATUTE 8.1E SAMPLE GARBAGE BILL SUMMARY 8.1F BASIC SERVICES SCHEDULE (PUBLISHED GARBAGE RATE) 8.1G AVERAGE GARBAGE PRICING FROM SAMPLE OF CITY STAFF LIVING IN BROOKLYN PARK 8.1H BROOKLYN PARK COMPARISON TO ORGANIZED CITY 8.1A COMMUNITY CAFE REPORT Community Café Report — Garbage Collection Introduction and Background On June 6, 2011 the Citizen Long-range Improvement Committee (CLIC) gave a recommendaticin to the City Council to hold a public hearing and pass a resolution of intent to organize the garbage collection system consistent with the goals outlined in their Solid Waste Collection System study which are to be a city, proactive and committed to being "Economically Green," improving the City's environment, while promoting a possible lower cost of service with high efficiency, adding more safety in our neighborhoods and conserving our streets. The City Council took the recommendation under consideration and asked staff to develop a community engagement plan to get more feedback from residents on the issue of organizing the garbage collection system. Staff convened three community café style public meetings, one in each voting district in the City. The meetings included an overview of organized garbage collection by staff from the MN Pollution Control Agency (MPCA) and insights from CLIC on their two year study of garbage collection. The purpose of the Community Cafes was to allow the community at-large to share their thoughts on •the garbage collection system in the City and to give feedback on changing to an organized garbage collection system. In total, approximately 420 individuals (residents, elected officials, and business members) participated in the Café process and they were asked three garbage related questions: 1)What are your thoughts on organized garbage collection? 2)What do you value most about your garbage collection service? 3) What suggestions do you have to improve the garbage collection system? It is important to recognize that although 420 participated, each person had the opportunity to give multiple responses to each question. One finding from the Cafés was that individual comments far outweighed group comments on each question. This is different than other Cafés the City has conducted; usually group comments outnumber individual comments. Major themes emerged in the responses to each question and these themes, along with miscellaneous responses, are reported in the summary of findings. Community Café: Conversations about Garbage Collection in Brooklyn Park Page 1 of 23 Community Café Report Question One E Rights/Freedom of Choice rJ Free Market/ Competition u Liberty/ Less Government U Process/ Cost LI Loss of Jobs Administration/ Customer Service .) Road Condition/Traffic & Noise/ Safety -1 Environment , General Environment 2%Free Market/ Competition 11% Road Condition/ Traffic & Noise/ _\ Safety 5% Administration/ )\ Customer Service 5% Liberty/ Less Government 8% General 25% Summary of Findings Question -41 What are your thoughts on organized garbage collection? Nine themes emerged from a total of 393 responses Some verbatim examples of the responses to each question follow. Rights/Freedom of Choice o I want the ability to choose my garbage hauler- freedom of choice (after all this America) Free enterprise •• We want to the option to choose. o It seems to me that the bar over which any government agency must jump in order to limit my choices as a consumer should be set very high. I have not heard any argument for this proposal which approaches that bar, eith alone or in aggregate •Allow for consumers to choose what they believe is best for their consumption needs. o No more taxes! And no more control of people. O I don't want it. It takes away my freedom. •My main concern if this goes through it will elirninte our freedom of choice as well as eliminate the spirit of competition. Also the "potential" of cost savings. O When has no choice saved money •What happened to freedom of choice - even if it costs more. •Want Free market choice on who we choose to do business with O Why take away our CHOICE? •Takes away our choices Community Café: Conversations about Garbage Collection in Brooklyn Park Page 2 of 23 Community Cafe Report •taking our rights away! •I can choose the carrier that handles yard waste the way I want. •4) Choice (personal) of who you & use? •What is the peoples choice if people don't want it. o Con- what if I want a difference service than what the city is offering Free Market/Competition o We want to be able to compete for prices and Quality of service. •This is more forced socialist ideas, ruining capitalism and our economy. o Entrepenaurs risking their business in this community - free enterprise o 8. organized system biased against small haulers. o Waste of my time and money; eliminates free enterprise; makes for bigger gov't •like the idea of competition •Small business person could not get any more contracts. •It supports entrePenuership and small business •Need to keep competition •I don't believe the "community" should be required to provide an argument against such a limit on Free Market Choices. The burden should be on the committee to provide an argument compelling enough to override a Free Markets choices. •The free market approach to business always works. •Like to support small business •why are you doing away with free enterprise •5) Support of local business?? •9. would organized system push small hauler haulers out & redue competition FREE ENTERPRISES- WHAT WILL HAPPEN? Liberty/Less Government •We NEED LESS Government rather than more o Government intrusion •The current system works, I am NOT in favor of government control of this process. •1. Too much government....numbers presented are BOGUS *NO control over hauler serving us. *Slanted towards revenue for the city/administrative costs *It should be put on ballot as a referendum, NOT LEFT UP TO CITY COUNCIL..., *CONCERNS THAT THE CITY CAN DO THIS AGAINST THE WISHES OF THE PEOPLE. Community Café: Conversations about Garbage CollectiOn in Brooklyn Park Page 3 of 23 Community Café Report •Why does government need to get involved with something that works? •I want government out of my life haulers pay they have employees that pay taxes •I think it's a rediculous socialistic takeover by the city! •Government, at all levels, needs to focus on it's responsibilities, not reach into the people's lives. •Chance for city corruption •Concern that gov't is getting too much involved with personal services. •CITY ISN'T DOING A GOOD JOB MANAGING CURRENT PROGRAMS, WHY TAKE ANOTHER PROGRAM ON? •When have we ever seen anything become more efficient when government bureaucrats become involved? Process/Cost •Your figures (average) do NOT reflect this communities cost •It is wrong- City is going to make money and screw the haulers. •Concen IS that by dividing the city into sections that there is potential for sections to have different rate •Why not let neighborhoods select a trash collector for their groups that way we would still be in control of our service and reduce # of trucks and reduce pollution in our neighborhood. •Divide city into zones and let zones select hauler •city administration costs •Encourage recycling less costs in "pay as you go" system •suggestion :grassroots organizing of neighbors •cost is a big question •Will need increased staff •There 's no stopping your service for snow birds you'd be paying for services when your not needing garbage service. •I'm on the fence - can we actually limit the organization to he haulers and not ramp-up the costs to households by having too much administration costs, etc. You know how inefficient government can bell •It does not guarentee lower cost •It will raise taxes!!!! •If we go to one hauler & it doesn't work out can't go back •Probationary period if organized collection is instituted 13/14 in favor of staying the same •In long run cost sayings is questionable Community Café: Conversations about Garbage Collection in Brooklyn Park Page 4 of 23 Community Café Report •Have not provin that it will be cheaper. o Loss of control (town home assc.) o Administrative cost. 6 1 wants low cost •Administration costs will increase taxes 6 As long as haulers maintain their market share •Thoughts on orgainizecl collectiion - a) do average rates for organized MSW include the city levy increase for property tax, to cover city costs to administer the organized MSW program? Also, MN Waste Mgt. fee & Hennepin Cty service fee? B) For organized MSW, will residents have options for cart size/cost? •Average monthly rates - how long are the savings maintained (cable rates) and introductory rate? •Pay-as-you-throw? NO WAY. 8 Will really reduce costs? Who will my hauler be? Loss of Jobs o Why put these small business out of busines-especially in this bad economy. It seems wrong to do just for convenieice and less traffic on roads. •In this economy, we need people to keep their jobs in the private sector, not create more jobs in city hall & reduce jobs in the private sector. •Don't want to force the independent hauler out of business. •Cost the small companies their jobs oMOM & pop operations could be put out of business, or have to lay-off personel. •Carriers that LOSE OUT will have to lay off employee •Will private business owners lose their businesses - yes they •Is this going to reduce jobs Administration/Customer Service •Concern is that city may not be as responsive as a private company •LIKE ABILITY TO CALL HAULER & SWITCH BECAUSE OF •Concern that "contract hauled" - 4 year contract with city will lost sensitivity for individual household customer service. •container replacement Can be done with private hauler by the next day. •Advantages able to change can temp stop service (snowbird residence) More personalized ability to work with organizer No incentive to recycle Page 5 of 23Community Café: Conversations about Garbage Collection in Brooklyn Park Community Café Report •Service would suffer, projected cost savings does not justify change O Customer service will go down o Better service with my own private hauler O Reliability o 1) quality Of service?? •3) admin. Costs- •Will efficiency be maintatined & communication to residents. o How many personnel positions will be added for organized collection? •Are we still going to have quality with the lower price? Road Condition/Traffic & Noise/Safety o I am not entirely against this - I like the idea of less trucks on the street. O WHO CARES ABOUT NOISE, IT IS ONE DAY A WEEK, WE LIVE IN AN URBAN SETTING, WE EXPECT SOME NOISE. o Some truck traffic could be eliminated by maintaining number of haulers in open system. o We get 8 garbage trucks per week :two trucks per company. The 2nd week we get the recycle truck. That's 9 trucks per week. •Cheaper rates, fewer trucks driving through neighborhood O Charge us an extra $20 or $40 a year to fix the streets. Like Roseville does & keep more business in business O If you want to limit road wear & tear, reduce the number of school buses. •Pro- reduced traffic and maintenance a Studies show that weather conditions are harder on roads than trucks O school buses worse on roads as afety- how many people have actually been injured by garbage trucks? Show us some hard data. O If as you say there is a safety issue - how many children/ adults have been injured by a garbage collector. o Would this truly be decreasing the number of trucks. O trucks- what about school buses? Environment •Has costs and air pollution Community Café: Conversations about Garbage Collection in Brooklyn Park Page 6 of 23 Community Café Report o Unsustainable use of natural resources (fuel) by numerous trucks going down street.- I don't like the fact that people who complain to this hauler get cheaper rates •Being green, less trucks, less fuel being used •More recycling would be good. o Need bigger recycling binl - or pick up weekly rather than bi-weekly. •Not sure we want organic recycling (But not apposed) •Just how much fuel would be saved? - with an organized system General •Don't want it. We are doing ok now •Presently happy with individual hauler! •City is not efficient with tax payer money - too much WASTE! •Good options on both sides •Don't reach into our lives- the government has enough to worry ab out- •We don't want it- we don't need it •It is not fair for the customer or the hauler'. •3 TAKE TO REFUSE •Your presentation was biased towards organized collection. •Opposing view was not permitted. •We OPPOSE Organized Collection. o not enough information to make decision •Am for it as long as the rates are lower and traffic is lessened and bulky items are collected. •There are many questions in people's minds that are causing fear. •I do not want organized collection. •Take a vote by show of hands to see how many people are in favor your organized garbage collection. •Do not need it. I'm very happy with my hauler. Theya re good and conserate. I cannot see it helping our community at all. •It's only organized crime. Forget this "organized collection". •Stupidest proposal lye heard in a long time •Don't believe that the decision isn't already made and city isn't just going to go ahead and have one hauler. •Other cities' citizens have voted against it & those cities still went ahead & did it! •NO- IF YOU HAVE TO DECIDE ON "WASTE MANAGEMENT" COMPANY!! Community Café: Conversations about Garbage Collection in Brooklyn Park Page 7 of 23 Community Café Report •I am happy with my carrier •city has bigger problems then garbage!! •Attracting racoons & coyotes etc (skunks) •War in Iraq is largely for access to oil. •Reduction of fuel consumption is a small way we can help end the war- casualties & cost. •Please address real problems crime, taxes •reduced taxes •One garbage truck per week •2 out of 3- undecided due to lack of specific info o Strongly opposed •what cities currently are using this form of collectiion service (& their size/population) •That all you got to do? •When was the last time Government spent $'s more wisely than the private citizen can?Other than defense!? •How wil the final decision be made? •How would this affect business, school, churches & apartment bldgs •Why fix something that isn't broke? o How many CLIC members are members of neighborhood associations o How can a decision be made w/o complete data? •Is this for garbage collection only •what about yard waste, recycling, etc. •Why did only Waste Management present? •Smell of containers? o Why was there no representation from the other side Community Café: conversations about Garbage Collection In Brooklyn Park Page 8 of 23 .Community Café Report General Question Two 11% Environment _Rights/Freedom of Choice II Rights/Freedom of Choice n Free Market/ Competition Liberty/ Less Government 0 Process/ Cost 13 Loss of Jobs Administration/ Customer Service u Road Condition/ Traffic & Noise/ Safety •Environment General Road Condition/ Traffic & Noise/ Safety 3%Free Market/ Competition 5% Administration/ J Customer Service 33%_Process/ Cost 27% 18% Liberty/ Less Government 2% Loss of Jobs 1% Question #2 What do you value most about your garbage collection service? Nine themes emerged from a total of 376 responses Some verbatim examples of the responses to each question follow. Rights/Freedom of Choice o Choice, lower cost, accountable to citizen o I pay them to do a good job and if they don't I call them and they want to know - to keep my business. •Free choice •Change haulers @ any time o If I don't like this service I can change vendors - more to the point of the question I've had the same service for 20 years and have customer service that is important to me. I don't want to be held over a barrel due to a city impose monopoly. o 4. Choose to change hauler o It is my liberty and my god given freedom that is my freedom of choice. O freedom of choice •If dissatisfied with service, ability to change if don't not happy. O Want to select my own company. •Choice. Community Café: Conversations about Garbage Collection in Brooklyn Park Page 9 of 23 Community Café Report Free Market/Competition •Supporting local business a Small business. •Competition breeds good customer service/appreciation. •The free enterprise system and the least government intervention. •Competition- if they are getting too high or not good service I can call and get someone else •Price competition between different service. •Competitive pricing. •Competition. e Free market choice. •Opportunity for new entrants for increased competition. •Entrepreneurship. Liberty/Less Government •My. local Government is not being enlarged!! •we don't tell the city what they can use, so don't tell us, what to use!! •we need less gov't in our private lives •Less government control •less government involvement - the better •gov't does nothing unless it benefits them! •I WANT THE CITY TO STAY OUT OF OUR BUSINESS •less bureocracy •Government isn't telling me what I have to choose. Process/Cost •Excellent carrier with low prices. •YARD WASTE BUCKET •PRICES STABLE a Reasonable priced •The ability to supend service at no cost while on vacation. •no fees for garbage outside the can. •PROVIDE LOWN REFUSE REUSABLE BAGS AT A REASONABLE PRICE- o THE PROMPT, RELIABLE SERVICE AT REASONABLE COST. Community Café: Conversations about Garbage Collection in Brooklyn Park Page 10 of 23 Community Café Report o What do you value nost about your garbage collection service? A) reliable, low cost, service with options for cart size/service cost B) Family run hauler is easy to contact, and will do some extra itempideups at resonable rates •Price and relationship w/my hauler •6. Personal service •They take all materials at the end of driveway. Very nice -Jonny on the stop - personal your container recovery. Collection service can be stopped when on a long vacation (1 - 3 months) •trash cans cleaned periodically •senior rate (ACE) •1. They take whatever I put out and also they pick up messy debris left outside dumpster. •Personal service •I can select desired features and negotiate the price. O Customnized service •low cost associated with good service •They pick up everything- •They give a senior discount. 6 One company gives a military discount. •I don't have to pay for the things I don't use. •Our current company gives us personalized service. •Menu of service •HAULER PROVIDES FREE SERVICE TO DEPLOYED MILLITAR o Vacation credit •Lower cost/for less service 6 Will yard wast be changed as price? •You say cheaper, how much cheape? •where garbage goes, if city takes over, where will it go? •Will they take the extra garbage tht you might once in awhile? o Will they give extra favors the garbage companies give now? •Services?? •Vacation credits, how will this be handeled (individual service) o Cost?? Community Café: Conversations about Garbage Collection in Brooklyn Park Page 11 of 23 Community Café Report Loss of Jobs e small guy has opportunity to earn living Administration/Customer Service o GOOD Service •LOCAL—PERSONAL •CALL FOR SPECIAL DISPOSAL •Relationships with my hauler - They listen when you call and do everything they can to help. •Reliable •Acommadating a Customer friendly •Deal directly with company I am paying for •Clean, polite, on time and efficient •When you call we get a person not a menu with no ultimate result. •Responsiveness •Speak to a human at ea. Call/problem •Responsive to customer - Live voice - NO Recording •if garbage isn't out on time - I can call and they will send a truck back to get it. •Reliable - dependable. Ability to contract hauler. •One on one customer service with your current hauler. •My garbage hauler wants to keep me so they care about my concerns. I've had the same driver for 30 years and I don't want to lose him. •Impeccable service •If we forget to get trash to curb, current handlers will make another pass through neighborhood to pick up trash. o I value that if I forget to take my can down, my collector will do it. •When they empty my can, it is always set 20 ft so I know it has been picked up. •ability to communicate directly with those we choose to do business with. •It's on time always •Our service has been very good a Quality & service and ability to control our cost. •Customer service •That he shows up every week reliable, courteous. Community Café: Conversations about Garbage Collection in Brooklyn Park Page 12 of 23 Community Café Report oodd missed pickups that they perform (when I missed putting the cans out) •Excellent customer service from a small family business. o Direct contact with service providers excellent pricing & service. (2 people say this) •Everyone likes who they currently have & the prices we pay, otherwise we would switch haulers. 8 Customer service (Real Human voice) •I get a real person to talk to me o I don't get a menu that I have to listen to o Personal relationship. •Service quality. •Long-term relationships spanning decades. •if we have problems, who do we go to? oPlus if I were to have problems - who do I turn to? I can't just change. •will it be an option to call either city ir company on customer service issues? Road Condition/Traffic & Noise/Safety •No safety issues in our neighborhood •We don't have alley in 99% of BP so why would we have to pay Road Impact monies. •He's a smaller hauler (garbage man) He has a small truck + does not do damage to my road. •He has a smaller truck with less noise and weight on our raods. Always put the can in our driveway when it is emptied. •smaller truck •We don't see the heavy traffic of lots of garbage turcks in neighborhoods. •Less noise disturbance by fewer trucks going up and down our streets (especially for tho's working non-traditional hours as they try to sleep during the day) o How many children have hurt? o How many trucks will replace current haulers & how large will these vehicles be? Environment •1. Environmentally friendly - small trucks x2 o 5. Like being green less fule and trucks covering same service o no land fill dumping (Garbage Man Co.) •Our current provider is "Garbageman"- they are "green" already. Community Café: Conversations about Garbage Collection in Brooklyn Park Page 13 of 23 Community Café Report General o Provides large wheeled container o We fill one 18 gal bag per week & pay $60.00 per quarter o I like the fact that my garbage gets picked up - I don't care by whom - I just want it gone. •7. They take my garbage away x2 o feel more secure with a local company o Family owend and operated •Small businesses o 4. Prefer my garbage be burned and not go to landfill (I was told they take garbage to a burner). •The ability to support local companies. o They are local, they want to do a good job for our State flexibility o Chart showing collection dates o Fell loyal o I walk six miles everyday and they all wait for me-wave-give mem space- school buses don't! •I am not brow beaten into recycling by them. e IF THIS GOES TO THE CITY NO ONE WILL CALL US BACK. o City of Brookyn Park does not respond well to complaints. o Why is the recycling contracted through the city as opposed to independent? o What is the administrative cost to the city for recycling? •Why change when current system is working? Community Café: Conversations about Garbage Collection in Brooklyn Park Page 14 of 23 Community Café Report D Rights/Freedom of Choice Free Market/ Competition EI Liberty/ Less Government ri Process/ Cost n Loss of Jobs Administration/ Customer Service s Road Condition/ Traffic & Noise/ Safety Environment General Question Three Free Market/ Competition Rights/Freedom of Choice 3% 5% General 54% —'s-`•, - - Environment 2% Administration/ Customer Service >1% \\._ Road Condition/ Traffic & Noise/ Safety 8% Question #3 What suggestions do you have to improve the garbage collection system? Nine themes emerged from a total of 256 responses Some verbatim examples of the responses to each question follow. Rights/Freedom of Choice o I am unaware of any problem to "improve the collection...." if I discover a problem I will be able to exercise my freedom of choice and replace the service o Leave the decision at the personal choice level. Let the individual resident make the decision about their hauler. o 2. I also say (loudly LEAVE It AS IT is !! - we like the ability to choose our own gargage ahauler - Its Freedom of speech o More choises continuing Free Market/Competition o Let competitors work FREE enterprise. o Competition is good, o Allow for as much competition as prossible o Whatever happened to capitalism? Community Café: Conversations about Garbage Collection in Brooklyn Park Page 15 of 23 Community Café Report Liberty/Less Government •Leave it alone keep our government out of it! •City please stay out of our business O 7. Gov't needs to let small business grow. •Keep government's focus on it's charter. •Stay out of people's business and leave -everything as they are. •A. Keep it out of the hands of government!! •No government of out hand. •Keep the city out of it. •Keep government hands out. •Government should not be involved. Process/Cost •have haulers co-ordinate their pickup schedules •Neighbors and associations can get together to negotiate on their own. •What about yard waste pick-up. Will that be offered by the one hauler? o Zoning might work well so all haulers for BP retain their share of the market. Of course tey might not retain their rates w/ organized hauling. It would be nice to pay per bag because we have very little garbage / wk (one 18 gal. bag) We recycle the rest. •1. Have all garbage companies work together to select one hauler to pick up yard waste! For estimates - reduce truck traffic by 33 - 42 % 2. Supply compost bins to reduce yard waste. 6 Have pick-up of misc. items twicea year the curb o City should suggest that neighborhood get together and bid rate as a group o 1. Charge by the pound o 3. Every zone could have selected vendor they give reduced costs, conserve fuel to save roads. •Negotiate fees each year •divide BP into zones •more can sizes available •1) allow neighbohoods to organize for a single hauler not entire city o Organized collection system/ divide City into sections to employ all hauler. •Negotiate prices •Price competition review contracts more often much more often than 10 years •Limit the number of haulers for each area (3)? Community Café: Conversations about Garbage Collection in Brooklyn Park Page 16 of 23 Community Café Report o Not having to negotiate between carriers. •Loyalty discounts. •What makes the system great is the individual services each provider can give. •Have the multiple haulers follow more similar routes so they pick up the trash at a more similar (or window of) time. Pick-up times can really vary from hauler to hauler 6 Make any registration fees nominal in price. O Would all residents be required to have garbage collection? o Can individuals have a smaller garbage can and be charged less? O Or will people with minimal garbage share a can? o Coule we have a few haulers for each section •Will they take hazardous waste, or will this still need to be take to Hennepin County recycling point. •Is it more efficient to do garbage one day, recycle another, lawn waste another day? Loss of Jobs •It would mean loss of jobs for the smaller company. •We are losng job why creat more problems for small business. •What is going to happen to them? Where are we helping the small company? Administration/Customer Service •pick up fallen garbage Road Condition/Traffic & Noise/Safety •Trucks need brakes. They accelerate between stops & brake suddenly. 9 trucks with noise. o Road repairs and cots to individual owners. •2. Reduce number of trucks to conserve road damange •Build the road repair costs into the fee for being licensed hauler o truck weight limits •Noise issue o organize so 14 trucks not coming down street o Have haulers coordinate schedules in neighborhoods to help with reduction of noise. •If the smaller companies could reduce the number of trucks it would help. O How many accidents have actually happened with children? Community Café: Conversations about Garbage Collection in Brooklyn Park Page 17 of 23 Community Café Report O Trucks are on a schedule, can they be slowed down? Environment O Address concerns differently regarding environmental issues, It doesn't have to be resovIed only by organized hauling. O Encourge more recycling, especially at public events O Trucks energy efficient General O LEAVE IT ALONE, IT IS NOT BROKEN O LEAVE IT ALONE!! O Our system works fine O Our system does not need improvement e I don't see any issues with the current system - leave it be! o No one has described the "problems' that need to be fixed - why are we yen discussing this - whose agenda is this - no improvenment needed •I didn't know there was a problem. Other than the increased in rates. a Repeal currenflaw that allows for cities to be able to organize collection o I value the current system. O I do not percieve this system needing fixing. O I hate stupid citations to have you cover your garbage cans in the back, then with a fence, then it couldn't be seen by the neighbor- give me a break. o keep as is, individual choices, competitive prices, o This group feels that the current system works (no need to create problesm whaere there are already solutions) in our group 10 out of 10 are in favor of keeping current open market system o Spend your free time holding babies at the Crisis Nursery, perhaps! Thats worthwhile O Keep it the way it is. o The way it is now, is good. o If it aint broke, don't fix it. O In favor to keep things the way they are: 9. How many want more research to organize = 0 o The system is working. There is nothing that needs to be improved. O There are much bigger problems in our city than spending time on looking at improving garbage collection. O Leave it be. Community Café: Conversations.about Garbage Collection in Brooklyn Park Page 18 of 23 Community Café Report •CLIC committee's time would be better spent actually picking up garbage rather than looking at ways for government to take control of it. oPut city garbage cans by Metro Transit stops (we did have one idea) O 7 are strongly in favor of keeping it. 0 want to move forward with this. O Please spend your time or something else. •Education program about recycling to promote more recycling. O More competitive choice for recycling. O 9 of 9 people with to keep freedom of choice. OStop making me pay for recycling totes that I will never use. 8 3 for keeping the same, 0 for changes. o 8. Can we hear from other citizens in cities that have organized haulers and see if they like the system •Why don't you put this issue on the election ballet this next year? •Who is manufacturing this problem? •WHY FIX IT? Community Café: Conversations about Garbage Collection in Brooklyn Park Page 19 of 23 Community Café Report D Rights/Freedom of Choice Li Free Market/ Competition n Liberty/ Less Government Process/ Cost Loss of Jobs Administration/ Customer Service rt Road Condition/ Traffic & Noise/ Safety General Rights/Freedom of Choke 5%Free Market/ Competition 6% Liberty/ Less Government •,` 6% General 40% Process/ Cost 23% Road Condition/____ Traffic & Noise/ Safety 12% _Loss of Jobs 7% Administration/ —Customer Service 1% • Additional Comments on Organized Collection Eight themes emerged from a total of 144 responses Additional Comments Some verbatim examples of the responses to each question follow. Rights/Freedom of Choice o price options are possible with freedom of choice. o I do not want to lose my right to chose the co. I want @ the price I want. o Let's keep our freedoms our liberty for all! o If you go to one of them would you please voice my/our opinion--you may use our names- that we want to keep and choose our own company and do not want this right taken away. o Do not take away my right to choose what service works best for my family. o Jhow we can switch haulers whenever we want o Gordy-Freedon of choice Free Market/Competition o Free enterprise is better for citizens o I do not agree that haulers should have to bid for work to pick up my stuff O Let competition occur - it leads to lower costs and better services. o We need more businesses; o No competition normally means higher rates. o Limits business for the hauler •Tom-Economic impact to hauler, theivre investment and service B worth them to continue Community Café: Conversations about Garbage Collection in Brooklyn Park Page 20 of 23 Community Cafe Report O Mike-100% OPPOSED Free market is valued does not support mission •Aganst small business Liberty/Less Government •government is too big and controlling now. a NO! Gov't take over!!!!!! o Keep government and monopoly out of Brooklyn Park. o Stay out of the private sector. •Neighborhoods decide NOT GOVERNMENT a Don't need any more Government o Mark-Government is already to big, learn from Federal O Against government getting involved Process/Cost •For instance, it is cheaper to pay for an extra yard waste container than to use the special bags that are required. We have a big yard and use the containers for leaves, branches, weeds, gardening stun. We dont have a trailer to haul it somewheres. •Support process for neightborhoods to decide if they want to organize 8 We are paying lower rates that city has shown or presentation •Not the same service we are used to O Organized by zones (like Champlin) was universally agreed to be a good idea O Cost quoted does not include taxes etc Cost is not related Loss of Jobs o we don't want more people pushed out of a livelihood for some Big Corporate giant who will under bid and they raise prices. o Do not want to add to the unemployment levels o Putting business into bankruptcy? o People will lose their jobs and companies will go out of business. •Jobs elimated o Could quarentee businees for hauler o Will put haulers out of business o Has the city considered the economic impact to the haulers? Community Café: Conversations about Garbage Collection in Brooklyn Park Page 21 of 23 Community Café Report o How many jobs would be lost? •What about the haulers - will they lose their jobs over this? •Will it put haulers out of business do not want that to happen Administration/Customer Service •There will be limited negotiating if the driver is rude or lazy or not responseable Road Condition/Traffic & Noise/Safety •In my neighborhood "school buses" by edgewood school are far more numerous than garbage trucks •Children are run over more often by speeders & inattentive parents and garbage trucks are being used for a nonexistant complaint. •I live on a busy street & do not notice the traffic going back & forth. a 83rd doesn not have sidewalks and we do not need same - street is safe for children and animals 6 Quiet - It is only 1 day of the week. People should be able to handle a little bit of noise once a week. A lot of people are at work when they come by. If we go to 1 service company, we could potentially have them in our neighborhood longer because they would have to empty their trucks more frequiently and come back. Therefore it would be nosier, longer. It currently takes only 10 minutes althogether for garbage, recycling and yard waste on our block •When trucks leak hydraulic oil on street who cleans it up - noone. 763-424-6934 Bob Swenson 7764 Kentucky Ave N, Brooklyn Park 55445 •Kids and garbage haulers need to continue to be aware of each other. Dont have such a fast tight schedule for the haulers. Let them slow down a little so they have more time to be aware of what is going on around them. o We don't see the heavy traffic from garbage trucks 8 We don't see erratic (poor driving) from garbage truck drivers o More damage done to roads o Lots of trucks o Safety •too many garbage trucks going down my street on garbage day •Leonard-Cost of repair and traffic of roads may support organizing •trucks will not disappear those will still be haulers •What is impact on BP roads? Community Cafe: Conversations about Garbage Collection in Brooklyn Park Page 22 of 23 Community Café Report General •major cities have history of criminal control of garbage service. •When the city started recycling fees they were low and creeped up! •How can you say that Brooklyn Park has opportunities for all when you're considering or looking into only one garbage hauler. That's an opportunity for only one company! •It doesn't matter to us what the city of Roseville and Oakdale do — o Happy with service •Haulers charge different prices for different customers •The city needs to address the problems in the City instead of worrying about the garbage He wants job to be the garbage caretaker •Leave it like it is H! •This has been a very 1 sided forum- waste management was mentioned/there was no comparison to the other companies •no explanation as to what would be covered no comparison. •You all had 2 years to come up with your info how much time was given to us let alone the lack of info. •The city says they want small business in brooklyn park- this would not be following through on it. •If the concensus of the people do want organized waste collection - Is the city going to listen to the people? Or are they going to go forward so they can make money for themselves. Community Café: Conversations about Garbage Collection in Brooklyn Park Page 23 of 23 Community Café Report 8.1B CLIC GARBAGE COLLECTION SYSTEM STUDY Page 1 Solid Waste Collection System Study During the past two years the issue of solid waste management has been discussed briefly and informally at various CLIC meetings. Because there is substantial interest in this subject, our task force was established for the purpose of reviewing the existing system, defining the issues, both pro and con which relate to this matter, obtaining more information about it, and considering and evaluating possible changes to the established system. Terminology For the purpose of this memo, there are two basic types of Waste Collection Systems, i.e.: An "Open" system is one which is operated entirely by private operators, with little if any control by any government agency with the exception of a few basic controls established in the interest of public safety, environmental issues, etc... An "Organized" system is one which is operated by, and/or controlled by a governmental agency. Several options for the operation of "Organized" systems include: •One in which the governmental agency controls and operates the entire service....from owning and operating the equipment needed to setting rules and regulations for this service, and the financial management of the system. •One in which the governmental agency does not own or operate the equipment for providing this service, but employs one or more private companies ....usually based on a bidding process but the governmental agency monitors the contractor's performance to assure compliance with the contract. Under this option the governmental agency manages the financial functions....including the billing of consumers (in a City, this would normally be included with the City's Utility billings...(for water, sewer, etc) •Other variations of either of these forms, or a blend of those functions which may be beneficial to all the property owner, the contractor(s) and the Governmental agency... •Brooklyn Park's existing system: The existing system has been in place since about 1980, with minor changes. This system is essentially an "open" system, in which residents individually contract the service of a privately-owned commercial waste management company (with one of the 9 haulers now licensed by the City). Each of the haulers licensed by the City pay annual fees of $150 per company, and an additional fee of $75 per year for each collection vehicle in excess of one. Monitoring of the provider's service is essentially the customer's responsibility....except that, when significant environmental problems develop, complaints (coming from the property owner....or his/her neighbors are reported to the City)....which has limited authority to require improved performance. In this system the City annually specifies which company(s) may provide service to residents within the 5 geographically-defined zones. In addition, the City's ordinances require that each residence within the City must dispose of garbage weekly. 8.1B Page 2 Also, a "Closed" recycling program is provided whore the City contracts with a commercial hauler to provide this service. Alternatives to the existing system: To become aware of the various systems which may be considered, the Task Force and City staff members invited several speakers to attend the full-CLIC meetings. Those presentations may be summarized as follows: o At the October 14, 2010 CLIC meeting Peder Sandhei, a staff member from the Minnesota Pollution Control Commission (MPCA) discussed numerous findings as reported in MPCA's recently published report "Analysis of Waste Collection Service Arrangements", a lengthy, very detailed summary of information assembled by the MPCA in response to a directive from the Minnesota Legislature. This report includes *Descriptions and evaluations of the numerous types...and sub-types of collection systems. *Detailed reports defining the systems currently in place in many of Minnesota cities, including their pro's and con's.....and an evaluation of their performance. Mr. Sandhei also noted that several cities, including Robbinsdale, Roseville and Oakdale have developed systems which allow an "Open" collection system, but require haulers to pay substantial fees to compensate the City for undefined damages to their streets. These fees produce relatively small revenues for the City... (more information is needed regarding these cities).. o At the November 18, 2010 CLIC meeting City Attorney Corrine Heine discussed the rules and regulations relating to the establishment of an "Organized" waste Collection System, including the requirement that if a City wishes to consider establishment of an Organized system, the City must give a 180-day notice of their intent to seriously consider such a proposal, with specific provisions relating to the delivery of notices to privately-operated firms.. o At the December 10, 2010 meeting of CLIC Roark Haver, the Solid Waste Manager for the City of Blaine (he's a resident f Brooklyn Park), described Blaine's "Organized" system, noting that it has been operating for more than 40 years.. There, the City has negotiated annual contracts with a single hauler....(they have never changed haulers)...Also, since the hauler is under contract with the City, and the City is responsible for providing quality services to its customers (the citizens) City staff has the ability to require correction of service problems. o In a "recent survey in Blaine 88% of residents expressed full satisfaction with this service. o At the January 13, 2011 meeting of CLIC, Jennefer Klennert from Waste Management discussed the hauler perspective of "Organized" collection systems. She said most haulers oppose this type of collection system. She also said that Waste Management supports a City's right to choose how to manage trash and recycling and that they will support the City in achieving City goals related to trash and recycling systems. 8.1B Page 3 Issues of Concern Regarding the various options for Solid Waste Management In our discussions regarding this subject, numerous areas of concern, both positive and negative, have been discussed. These include the following: Re: The existing system in Brooklyn Park: Positives: o choice of hauler (i.e. small or large) o Can change hauler anytime •Ongoing competition for individual accounts •Can customize/change individual services anytime •Hauling businesses have opportunity to grow in the City Re: An organized collection system: Positives: •Safer with less traffic •Less noise •More efficient collection •Less emissions •Less expensive (20% to 30%) •Less road wear •Consistent/set service levels •Could include organics/food waste composting •Full participation/less illegal dumping •Less disposal liability •Flexible structure Other impacts: positive and/or negative of an Organized System; •When various residents in a specific block or area select different haulers, the number of collection vehicles increases there are many instances where 3,4,5 or more collection vehicles travel parts or all of the same route through a neighborhood on the same day.. This increase multiplies the impact on the streets, alleys, etc ***; multiplies the occurrence of noise(much of that occurring in the early hours of the day); increases the opportunity for accidents with people and with other vehicles. ***Note: Because it is very difficult to accurately measure these impacts, and to place a value on their costs, this is frequently used in arguments opposing an Organized system. However, there is little room for doubt that this is a significant factor. Hopefully, a professional, conclusive study defining this factor can be found. •As an environmental issue, the amount of fuel used when several haulers drive the same routes the amount of fuel usage certainly increases, and their discharges into the atmosphere increase likewise. 8.1B Page 4 o Not all of the residents will contract for service, choosing instead to agree with their neighbor to share the service (positive); mulch their leaves, composting (positive if done properly), uncontained outdoor storage (negative) or finding other places to dump their wastes (along streets or highways, in dumpsters serving commercial or multiple-housing complexes, and many other places) o Regardless of which such alternatives may be selected, it is difficult for the City to enforce compliance with rules and regulations pertaining to public health, nuisances, etc. o Numerous sources indicate that the number of residents who are not subscribing to service in Cities with Open systems varies in the 15% to 25% range. O Under an Open system, the collection of fees for services frequently becomes a problem. Under an "Organized" system a City can easily include these fees into their Utility billing system and certified to the County for collection if and when the property is sold. Consideration of Options and Making a Choice While the accumulation and evaluation of information regarding this issue is time-consuming and difficult, the process of making a choice is certainly the most torturous. Under Minnesota Law, if the City Council decides to consider making a change from its Open system to a Closed System, it must give public notice of its intention to so consider it It must then allow at least 180 days for the public to provide their comments, information, etc.... Based on the experience of other cities who have seriously considered making such a change, it is virtually certain that: 1.There will be quite a few citizens who will oppose such a change because "we like to have our choice" we have used the same hauler for the past xxxyears...we like their service...and we don't want to give that up....,." 2.There will also be a very concerted effort from the Waste Management Industry who will frequently attend the City Council's meetings, perhaps make personal visits with Council members, and organize public reaction to the proposed change. 3.It is noted that no Minnesota City has changed from an Open system to a Closed system since 1990...the year when the Legislature enacted the requirement for the 180-day period for public input. 4.However, it is also noted that, while only about 30% of Minnesota cities are operating "closed" system, nationally about 70% of all cities do so. 5. According to the MPCA report, the average fees charged to customers in "Organized " cities are lower than in "Open systems, 8.1B Page 5 Goals The Committee agreed that our goal is to be a city, proactive and committed to being "Economically Green", improving the City's environment, while promoting a possible lower cost of service with high efficiency, adding more safety in our neighborhoods and conserving our streets. 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"Organized collection" means a system for collecting solid waste in which a specified collector, or a member of an organization of collectors, is authorized to collect from a defined geographic service area or areas some or all of the solid waste that is released by generators for collection. Subd. 2. Local authority. A city or town may organize collection, after public notification as required in subdivision 4. A county may organize collection as provided in subdivision 5. Sulnl. 3. General provisions, (a) The local government unit may organize collection as a municipal service or by ordinance, franchise, license, negotiated or bidded contract, or other means, using one or more collectors or an organization of collectors. (b)The local government unit may not establish or Administer organized collection in a manner that impairs the preservation and development of recycling and markets for recyclable materials. The local government unit shall exempt recyclable materials from organized collection upon a showing by the generator or collector that the materials are or will be separated from mixed municipal solid waste by the generator, separately collected, and delivered for reuse in their original form or for use in a manufacturing process. (c)The local government unit shall invite and employ the assistance of interested persons, including persons licensed to operate solid waste collection services in the local government unit, in developing plans and proposals for organized collection and in establishing the organized collection system. (d) Organized collection accomplished by contract or as a municipal service may include a requirement that all or any portion of the solid waste, except (1) recyclable materials and (2) materials that are processed at a resource recovery facility at the capacity in operation at the time that the requirement is imposed, be delivered to a waste facility identified by the local government unit In a district or county where a resource recovery facility has been designated by ordinance under section 115A.86, organized collection must conform to the requirements of the designation ordinance. Subd. 4. Cities and towns; notice; planning. (a) At least 180 days before implementing an ordinance, franchise, license, contract or other means of organizing collection, a city or town, by resolution of the governing body, shall announce its intent to organize collection and invite the participation of interested persons, including persons licensed to operate solid waste collection services, in planning and establishing the organized collection system. (b)The resolution of intent must be adopted after a public hearing. The hearing must be held at least two weeks after public notice and mailed notice to persons known by the city or town to be operating solid waste collection services hi the city or town. The failure to give mailed notice to persons or defect in the notice does not invalidate the proceedings, provided a bona fide effort to comply with notice requirements has been made. (c)During a 90-day period following the resolution of intent, the city or town shall develop or supervise the development of plans or proposals for organized collection. During this 90-day planning period, the city or town shall invite and employ, the assistance of persons licensed as of the date of the resolution of intent to operate solid waste collection services in the city or town. Failure of a licensed collector to participate in the 90-day planning period, when the city Copyright 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8.1D Page 29 2 MINNESOTA STATUTES 2010 115A.94 or town has made a bona fide effort to provide the person the opportunity to participate, does not invalidate the planning process. (d)For 90 days after the date ending the planning period required under paragraph (c), the city or town shall discuss possible organized collection arrangements with all licensed collectors operating in the city or town who have expressed interest. If the city or town is unable to agree on an organized collection arrangement with a majority of the licensed collectors who have expressed interest, or upon expiration of the 90 days, the city or town may propose implementation of an alternate method of organizing collection as authorized in subdivision 3. (e)The city or town shall make specific findings that: (1)describe in detail the procedures it used to plan and to attempt implementation of organized collection through an arrangement with collectors who expressed interest; and (2)evaluate the proposed organized collection method in light of at least the following standards: achieving the stated organized collection goals of the city or town; minimizing displacement of collectors; ensuring participation of all interested parties in the decision-making process; and maximizing efficiency in solid waste collection. (f)Upon request, the city or town shall provide mailed notice of all proceedings on the organization of collection in the city or town. (g)If the city or town and all the persons licensed to operate mixed municipal solid waste collection services and doing business in the city or town agree on the plan, the city or town may implement the plan without regard to the 180-day period specified in paragraph (a). Subd. 5. County organized collection. (a) A county may by ordinance require cities and towns within the county to organize collection. Organized collection ordinances of counties may: (1)require cities and towns to require the separation and separate collection of recyclable materials; (2)specify the material to be separated; and (3) require cities and towns to meet any performance standards for source separation that are contained in the county solid waste plan. (b) A county may itself organize collection under subdivision 4 in any city or town that does not comply With a county organized collection ordinance adopted under this subdivision, and the county may implement, as part of its organized collection, the source separation program and performance standards required by its organized collection ordinance. Subd. 6. Organized collection not required or prevented. (a) The authority granted in this section to organize solid waste collection is optional and is in addition to authority to govern solid waste collection granted by other law. (b) Except as provided in subdivision 5, a city, town, or county is not: (1)required to organize collection; or (2)prevented from organizing collection of solid waste or recyclable material. (c) Except as provided in subdivision 5, a city, town, or county may exercise any authority granted by any other law, including a home rule charter, to govern collection of solid waste. Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 8,1D Page 30 3 MINNESOTA STATUTES 2010 115A.94 Subd. 7. Anticompetitive conduct. (a) A political subdivision that organizes collection under this section is authorized to engage in anticompetitive conduct to the extent necessary to plan and implement its chosen organized collection system and is immune from liability under state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce. (b) An organization of solid waste collectors, an individual collector, and their officers, members, employees, and agents who cooperate with a political subdivision that organizes collection under this section are authorized to engage in anticompetitive conduct to the extent necessary to plan and implement the organized collection system, provided that the political subdivision actively supervises the participation of each entity. An organization, entity, or person covered by this paragraph is immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce. History: 1987 c 348 s 27; 1989 c 325 s 26,27; 1990 c 600 s 1,2; 1991 c 337 s 46; 1993 c. 249 s 20,21 Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. a)(..) Cl)a co %... e e e -N e e e e• e g e e e g g e g g g. e0 co CU 10 CO in 0 71- ...,.° Cr r■- .rt in N .1.. 1.0 0 0 crl C•1 Lc) co c) H co > a) N co c.O. ch 61) N LD M 1.0 LI) m- M co er cr) 6 L-r) et. H co et7i tf 0 CV Ul vi • cri ni HcV 6 hi csi 6 ni Li:, et Cr; r4 Wi 6 r4i15 o. Ln in rTi et. rn ,-1 H H H N • N CO't0. n1 r71 r4 r4 N i- (1)CC > ,t,cu ce e. .g. 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