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HomeMy WebLinkAbout1992 04-22 CHCAr L-1 BROOKLYN CENTER CHARTER COMMISSION APRIL 22, 1992 7:00 P.M. CITY COUNCIL CHAMBERS AGENDA 1. Call to Order 2. Roll Call 3. Approval of March 25, 1992, Minutes (Enclosed) 4. Correspondence A. Letters to SunPost RE: tonight's meeting B. Letter of 3-27-92 to City Council Members RE: Wording for Section 2.05 5. Old Business A. Status of Section 2.05, Vacancies in the Council B. Sub Committee on Preamble C. Sub Committee on Appointment Process 6. New Business 7. Next Meeting Date 8. Adjournment Ck k X A C C J C- 4- r L-1 HOLMES GRAVEN CHARTERED Attorneys at Law ORERT A. AL SOP H. BATTY S EPHE.N J. BI'BU'1. ROBERT C. CARISON JOHN B. DEAN ;MARY G. DOBBINS STEF:ANIE N. CALEY CORRINE A. HE.IN JAMES S. HOLMES DAVID J. KENNEDY JOHN R. LARSON WELLINGTON H. LAW CHARLES L. LEFF.VE.RE 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612) 337 -9300 Facsimile (612) 337 -9310 WRITER'S DIRECT DIAL 337 -9215 April 9, 1992 Mr. Allen Anderson Chairperson Brooklyn Center Charter Commission City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Proposed Changes to Section 2.05 of the City Charter Dear Mr. Anderson: WFIM APR 101992 JOHN M. LE.FEVRE, JR. ROBERT J. LINDAIA, LAURA K. MOLLET DANIEL R. NELSON BARBARA L. PORTWOOD JAMES M. STROMMEN STEVEN M. TALLEN JAMES J. THOMSON. JR. LARRY M. WERTHEIM BONNIE L. WILKINS GARY P. WINTER DAVID L. GRAVEN (1929.1991) OF COI'NSEL ROBERT L. DAVIDSON At its meeting of March 23, 1992, the City Council asked me to prepare comments to the Charter Commission on the proposed amendments to the Charter submitted to the City Council by your letter of March 18, 1992. The proposal submitted was largely based on language which I had previously drafted at the request of the Charter Commission. However, several provisions have been added since my proposal was submitted. One of the new provisions, about which the Council was concerned, was the sentence in the last paragraph of new Section 2.05A, which provides: "Consideration is to be given to former council members, mayors, or present and past city commissioners." The first concern about this sentence is that it is not clear what appointments this language is intended to apply to. This sentence immediately follows a provision which is taken from the current charter and addresses appointments made where "members of the council is reduced to less than three (3 11 Incidentally, the word "less" should be amended to "fewer" to be grammatically correct.]. Therefore, it is not clear whether this section is intended to apply only to appointments made to increase council membership to three, or is intended to apply to all appointments. If the intent of this sentence is the former, I would recommend that it be amended to read, "In the case of slieh appointments made to increase the council membership to `three, ofkl y*' cpnsider b___ Peen (etc.) If the intent of the commission is the latter, I would recommend that it be deleted from this paragraph and added as a new final paragraph as follows "In the case of a app ointments made pursuant to this section, consideration is to a 'g1`ven (etc. The second concern about this language had to do with whether such a requirement is a good idea. Apparently some members of the city council felt that such a requirement could unduly limit the field of candidates for appointment and if the city council appointed a citizen who was not a former council member or commissioner, CLL33004 BR291 -7 �1 p Mr. Allen Anderson April 9, 1992 Page 2 questions would be raised about whether the city council complied with the requirements of the Charter. Additionally, of course, some of the persons required to be considered would be people who had been rejected by the voters in previous elections. Another concern raised by one council member related to the first sentence in new Section 2.05A which reads, "The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. This sentence is taken from Section 2.05 of the current Charter. The concern was that this sentence is somewhat cumbersome d difficult to understand. Perhaps it would be clearer to change this section to '-The Councg by n y ma o vote of all its remaining members shall a point_a q p ualified person'To ffi ttie vacancy. The person appointed shall serve until the position is filled by a person duly elected to the position. A person elected to replace an appointee shall serve for the- remainder of the unexpired term of the vacant position, except in the case of_ an election held at the regular election preceding the end of a full term, in which case the person elected shall serve a four year term. For purposes of further clarification, it may be helpful to add, after this language, the following sentence, "In any election in which one or more positions are to be filled for unexpired terms, the persons receiving the most votes shall be elected to the longest terms." The Commission also added the following new sentence at the end of new Section 2.05A: "All appointed members shall serve until a special election or a regular election is held. I assume that this provision is intended to mean that appointees will serve not until the first day in January after the election but only until the election in November. If this was the intent of the Commission, changes will also have to be made in Section 3.01 of the Charter. Under the current Charter, there can be elections at two times. One is at the regular election in November of even numbered years. The other, which occurs only when the Council is unwilling or unable to make an appointment to fill a vacancy, is a special election which could occur at any time. Under Section 3.01 of the current Charter, Council members elected at the general election (including those elected to replace an appointee and serve the remainder of an unexpired term) take office in January. Council members elected at a special election, however, take office immediately after the issuance by the City Clerk of the Clerk's certificate of election. It is logical that newly elected Council members would take office immediately after a special election because the election could occur at any time of the year. Additionally, because a special election is only held if the Council is unable to make a timely appointment, the office could well be left vacant until the newly elected member is sworn in. Under the proposed Charter amendment, however, elections may also be held in November of odd numbered years. Upon first considering the question of when members elected in odd year elections take office, one is tempted to say they should take office immediately rather than waiting until January. However, this conclusion raises a number of questions. For example, why should a person elected in an odd year to fill a one year term take office immediately when a person elected to serve a CLL33004 BR291 -7 Mr. Allen Anderson April 9, 1992 Page 3 two year term at an even numbered year election must wait until January?, If both take office in January, this inconsistency is resolved. However, if the inconsistency is resoiv ice imme i y after the election, a new question arises. What would occur, for example, when an appointee is appointed in January of the fourth year of a term so that the election is held in November for a full four year term? If the person elected takes office immediately, that person would have a term of four years and one and one -half months (approximately) while others elected at the same election would not take office until January and would have only a four year term. (This could be taken care of by awarding the extra long term to the member receiving the most votes.) I could attempt to draft language for all of the possible choices involved; however, it would be helpful if the Charter Commission provided me with some guidance as to their intent so that I could prepare appropriate for new Sections 2.05A and 3.01 to accurately reflect the intent of the Commission. he first option, which I will refer to as Option I, would be the most simple approach. Under Option I, Council members would take office upon issuance of the Clerk's Certificate of Election only is cases of special elections; and in the case of all elections held on the first Tuesday after the first Monday in November (in both odd year and even year elections) the member would take office on or after the first business day in January. The second option, which I will refer to as Option II, would provide that appointees would be replaced as soon as possible after the election in either some or all cases. If the Commission wishes this result, it seems to me that the approach should be the same whether the election is for a one, two, three or four year term. If appointees are to be replaced at the earliest time in all cases, I assume that the person receiving the most votes would have the term of more than four years (approximately four years, one and one -half months) those receiving the next most votes would have the four year terms; and those receiving the next most would receive any remaining, shorter terms. If the Commission can advise me whether they wish to have Option I, Option II or some modification of Option II, I will prepare the recommended language. I should point out to the Commission that some problems may arise with Option II. For example, it is my understanding that a person need not qualify for office at the time of filing, but need only be qualified at the commencement of the term to which the person is elected. Therefore, a person temporarily residing outside of the City is not required, under normal circumstances, to establish residency until the first business day in January. Therefore, a person could run for a four year term who did not intend to qualify by establishing residency until their new residence was ready for occupancy on January 1st. Assuming that such a person is not prepared to establish residency until January 1st, a problem could arise if that person received the most votes at a general election, and a sitting Council member moves out of the City after the filings close for the election in November. In such a case, under Option II, the person appointed would only serve until immediately after the election. If the new person elected at the general election is unable to qualify at the CLL33004 BR291 -7 �1 JZ Mr. Allen Anderson April 9, 1992 Page 4 time the office is open, a question arises whether their office is forfeited by reason of failure to qualify at the time the position becomes open immediately after the election. Another problem could arise in a situation where a Council member expects to serve until January 2nd, the normal end of his or her term, and to run again at the next election for an additional term. If a vacancy in the office of Mayor occurred in June of the election year, for example, such a Council member might refuse to accept an appointment to the position of mayor, even if all of the Council members felt that that person was the hest qualified to serve, if the Council member knew that he or she could be out of office from mid November until January 2nd. This could occur, even if the appointed '',Council member was re- elected, if that Council member won but did not receive the most votes. If Option I is chosen, such problems would not arise. Additionally, I should note that Option I is consistent with the state laws applicable to statutory (i.e. non charter) cities. Finally, I should explain, for the information of the Commission, the effect that the proposed amendments would have on Council member Cohen. Council member Cohen is currently serving the fourth year of the unexpired term of a vacant position which he was appointed to fill. Therefore, he would expect to serve until the first business day of January, 1993. Even if the proposed Charter were amended today, he would continue to serve until that date. As explained in an opinion of the Minnesota Attorney General, No. 471 -m, dated August 22, 1963, a general law changing the length of term of an appointee to fill a vacancy does not operate to affect the term of appointments made before the law unless the law clearly so states. A law [or Charter amendment] will not be so interpreted as to shorten the term of an incumbent officer unless the intent to do so is clearly expressed. If the Charter Commission members have any further questions, please feel free to give me a call. If it would be helpful to have me present at the Charter Commission's meeting, I would be glad to attend. In any case, I will await further instructions from the Commission. Very truly yours, �ci I Charles L. LeFevere CLL rsr cc: Gerald Splinter CLL33004 BR291 -7 Philip Cohen 5501 Humboldt North Brooklyn Center, Minn. 55430 April 21, 1992 Mr. Allen Anderson,Chairperson BROOKLYN CENTER CHARTER COMMISSION 5351 Humboldt North Brooklyn Center, Minn. 55430 Dear Chairperson Anderson: Thank you for your letter of March 27th and my apologies for not responding back by April 15th as you requested. First, I want to thank the Charter Commission for the diligent work that organization has done in addressing their concerns about filling of vacancies on the city council and this opportunity to respond to the commission. My concerns are not so much about the wording that has been developed. I believe that those concerns are commented to in Charlie LeFevere's letter to you dated April 9th. The position that I have advanced since this issue has been before the Charter Commission is: 1). The current provisions in the city charter address the matter of vacancies in a manner that allows the council to act in a timely fashion and if they do not, a special election occurs. In short, I do not see the need to change this section. 2). That if it is the desire of the Commission to make changes in the filling of vacancies as your organi- zation is suggesting, then the matter should be decided by the voters at a general election not the city council. I offer for your consideration, my reasoning on the above 2 points: PRESENT VACANCY PROCEDURE SHOULD REMAIN: I may come from a position of bias on this position, since it under that provision my appointment to the city council was made, but having been involved at the time the charter was drafted, there was considerable thought given to the matter of filling vacancies along with the other provisions of the charter. It was done at a time when we had elections annually, so the matter of filling vacancies could be addressed to at the next November elections. However, it does allow the council to proceed to fill any vacancies in a timely manner to fill out its membership and if not,a special election will occur. Charter Commission April 21, 1992 Page 2 CHARTER CHANGE SHOULD GO TO THE VOTERS: Since the proposal does shorten up the time for the appointment process according to when the vacancy occurs and the next' election, it does increase the probability of a special election being called. At special elections a very small of the voters usually turn out. And, that small voting was one of the key arguments to change from annual to every two year elections. Along with that was the cost factor of having elections each year. The enclosed news articles will describe some of the arguments both ways on the charter issue. The voters spoke in that 5,186 voted yes, 2,698 voted no. That translates to a 65% vote in favor of election every two years, no annual elections,the desire to have a greater of the electorate participate in local elections and reduce the cost of elections to the taxpayers.. I opposed the charter change in 1986, but I accept the will of the majority and with respect to that mandate,any changes that in my view would alter those 1986 Charter Election principles should once more go to the voters for their consideration. Once more, thank you allowing me to submit the foregoing for your consideration and while we may differ on this issue, I respect the time and effort that the commission has done to bring this matter to public's attention. urs truly, P 1 Cohen, Councilmember ity of Brooklyn Center Encl. 0 t Lli i I 'II I �I' .I, I ICI ifu I i 1 town. ndi,iissioii tickets ai e oiiaille at T for adults $2 for students ."A THERE WERE no entries in the f,ee senior girls': matinee, per- senior high student category, but formance is ,m: Sunday, Nov. 2: Ardy Silva won for adults, 16 -64. For more information,, call'- 566- f�' She writes, "I am handicapped, I 6700, extension 163 (0 r LUNCHING ON TACOS with Governor Rudy Perpich in the sche P ro an charter ch an e �3 Ouclonis Aric Mueller, grado six, at loft, Lindsey Jones, grade four, �J al Iho official host school of the state's celebration of National Hol lolluco and tomato fixings, salsa, peanut butter sandwiches, whole I 'l; o the Editor: !b the Ldilor: juice. �V ote. YES on the n!' r.',: er..q pp�� :136oklyn ,t Tli� pt pttrpo3 of p 'f.. t;,.•:,. ICenter charter amendment 'whlch'k64" rook yn Center..City ,Charter ,s to Di will be at the top of the voting protect you and me; the citizens o t t C f machine. If you fail to vote on the our city. It does this by establishing amendment, this is the same as a the•spending authority of, the city "no" vote. The amendment will change city elections from every year to even -year elections. Remember when the village election was held every December? This was a holdover from township days. 'Then in 1961 the, village council changed village elections to November. 'The next progressive step•is to change local elections to even years. The majority of suburbs already have even -year elections. Last year only 402 people voted out of 19,360 registered voters. In 1963 the cost per voter was about $23. In 1965 the cost Increased to nearly $32 per voter, 'These add- manager and city council by,spcc,, fying whether a. majority or unan- imous vote of the vouncil is'. re- quired to pass on issues before the council. Many other issues are covered in the 20 -page document, However, perhaps.the,most im- porlant.Issue: addressed In the charter Is the section covering our election process .OUR RIGIIT TO VOTE: Much thought and delibera- tion went into.,the original writing of our charter, and it.has certainly served us well over the years.: Therefor6,;I,truly'fail to seethe purpose of the'charter amendment that is on the ballot Nov; 4.. And 'I sets ev y at fly ur'rSi' DICK A tax levy of $42 million for Anoka- Ilennepin School Dislricl 11's 1907 -08 budget was certified by ,the school board Oct. 13• The levy represents an increase of 7:75 percent over last year's levy of $39.5 million. It should result in a mill rate increase of no more than 1.5 'mills, according to District 11 finance manager Wayne Ileadlee. The exact amount of the increase will not be known until December, When the county auditors have completed their computations of properly values in the two cu IN 1986, THE IVI'AI, h District II was 55,7.1 trill: mill brought in $770,000 to tricl. Ileadlce estimated that increase in property value, percent to 5 percent, the n' would increase by 1.5 mill ,v, increase of 7 percent in lion, the mill rate would rel► same and would add nu ne% over last year. The Anoka County audit estimated all increase in va year elections will only get more am appalled,; thaCi the..11rpoklyp expensive and unnecessary. It is Center Charter Commission put the g q n d not the best use of taxpayer's issue. on the ballot', without. first (Continued from Page 1) money. The voter prefers the holding public hearings.':. even -year elections. Makes one wonder what they are The Brooklyn Center League of up to Well, let's not ,wait to find Women Voters supports greater out, ACT NOW to protect your. voter participation. Let's have the voting .rights by joining. me in mayor and city counciltnembers VOTING' NO. on the charter elected by the greater number of amendment,, people. Let's have a government of (lie peope, by the people and for the Tony Kucfle'r people. 'Then, we have less chance BROOKLYN CENTEIt or small well organized groups to control city elections, Barbara Sex(on, President League of Women Voters of Brooklyn Center BROOKLYN CENTER CRIME BY NEIGHBORHOOD JULY AUGUST, 1986 IAOOAIIN /AAA 1710 A411. ...hopefully our donation will get .'financially sound once more.'' RESPONDING, HANSON said, "This is wonderful -a very generous gift of suI)port. It definitely should help us in meeting our share of the budgel this year. This is a good exam- pie of one community organiza- tion helping another. It's the nicest thing that ever happened to us." Steve Anderson, band vice president, added, "This is a tremendous boost to our organi- zation. This remedies the con- cern of the band about finances this year. It lifts the burden off our shoulders which was affec- The band's request h Brooklyn Center for an a lional $500 in 1937 was denic the Brooklyn Center City C cil at budget time. llanson said the band would like n direction and guidelines f the two communities. Schicrenbeck said hl' had ed in as director in the when Iloiseth was not availa One of his goals is to incrc membership and band app ances. "I would also like make the communities n aware of the band," he added. The band practices from to 9 :30 p.m. Alonday night: North Vicw Junior Iligh, 5 09th Ave. N., Brooklyn 1 Schicrenbeck encouraged ad IC f ads] th:,t the issue that IN- mouth House a 4f i o fenders in i ts, read the staff planning cour- t. 22. While Alpha dable record as a the new facility is tuber of full time in size may affect SEVERAL factors on. One is the im- ishments that sell clients have chem- ter is the existence rer 100 children di- ty. ocal one, but resi- Rven the informa- onal use permit, I Mary Hepokoski tepresentative 4B item !le*t McGuire years and feel he He is extremely ith the legislative �G people is well- Wrestling Boost schools and has .dicated to seeing filthy recreational fishing, skiing, iriority on his list. ucation for many ing officer for the This interest ex- le's education. :ommunity well in i listen to the con .gardless of party to so if elected. In the people. process, vote for I of us in western Representatives. A LE GROVE +1 P� z-- -OSSEO ti LE,GEta�'E lIAPLE GROVE k lacono —OSSEO 3d1r es Asks vote on Brooklyn. Cen er I cka rter To the Editor: City elections which coincide with state and na- tional elections increase voter turnout and cut elec- tion costs. Why would anyone want to continue to hold the city elections in Brooklyn Center in the odd numbered years? Here's why. Because in November of 1983 only 586 citizens voted, a voter turnout of 3 And in November of 1985, only 442 citizens voted, a voter turnout of 2%. How much easier to keep the continued control of city offices in the hands of a small, elitist group with a miniscule voter turnout, than to provide for voting for city offices in the gen- eral election when in November of 1984 some 17,021 citizens voted, a voter turnout of 75 THE ARGUMENT THAT FOUR YEAR terms of office are not compatible with "responsive" govern- Return incumbents To the Editor: On Nov. 4, Robbinsdale residents have an opportu- nity to return to office, two highly qualified and expe- rienced alderman, who have done an outstanding job: Mike Holtz from the 3rd Ward, and Bert Johnson from the 4th Ward. In the last four years, they have been representing these Wards, property taxes have been reduced every year. Folks, that's four years in �a row. In 1987, the taxes will be reduced again. The City and the RHRA, working together, have new construction in progress that has, and will broaden our tax base in 1987 alone to the amount of 25 million dollars, more housing for the elderly, the handicapped, the most fantastic commercial devel- opment in the downtown area, resulting in hundreds of new jobs. meat is amusing in the light of the embarrassingly low voter participation which has encouraged lack of opposition in city elections, for which there has been no opposition in the last four years. Retention of con- trol by a small group is made possible by this off -year election schedule, whereas the decisions would be more representative of the total community of Brook- lyn Center if made when a much higher percentage of the citizens would get out to vote. The *city charter amendment could have been ac- complished by a unanimous vote of the city council. It did, in fact, unanimously vote such approval in Nov- ember of 1984. But the minds of the CBG endorsed of- ficials were changed by pressure from the CBG who "saw no reason to make changes in the charter which has served the city well since 1966." Voter turnouts of 2% and 3% do not serve anything well but ensured continuance of CBG control. The thorugh and tboughtful' procedures of the- Charter Commission have resulted in the charter amendments which will be on the ballot on Nov. 4_ As the first president of the League of Women Voters of Brooklyn Center, and as.a past chair of the Brooklyn Center Charter Comission, I urge "yes" votes on the charter amendments! Viola A1. Kanatz. 3 BROOKLYN CENTER To the Editor: Brooklyn Center voters will be able to voice their opinion on a Charter Amendment on Nov. 4. Presently, councilmembers serve for three years L and the Mayor serves two years. Because terms are staggered, an every year is necessary. The Charter Commission's proposal is to change coup cUmembers term to four years and the Mayor's term to four years also. Elections would be held on even numbered years only. Our reserve fund balance has been built up that equals almost 47% of assessed values at no expense to the Robbinsdale home owners. Folks, let's return these two highly experienced and qualified men back to office, so we can continue pro- viding excellent service, and keep re- developing the City of Robbinsdale. Raymond A. Mattson Mayor of Robbinsdale Remember endorsement To the Editor: In 12 years at the Legislature Sen. Bill Luther has worked for common -sense government in the tradi- tion of the DFL and the late Hubert Humphrey. Now, Bill's Republican opponent has decided that his only hope to win is to try to convince people that he's a DFLer. We all.know that Bill Luther is the bniy DFL candi- date' in .Senate District 47 and the only' one'ready to work for all of us. Jean Schiebel BROOKLYN CENTER es The Charter Co has discussed and re- searched this issue thoroughly for the past two years. In fact, the Brooklyn Park Charter Commission used our research before they submited an identical pro- posal to their city. A "Yes" and "No" lever will be next to the charter question. Please look for this at the top of the voting machine. Ernie Erickson Vice -Chair Brooklyn Center Charter Commission The 'cliche' a To the Editor: Who do you go to for help if you have a problem with the bureacracy in St. Paul? In my case, as a constituent, I went to Rep. Lyndon Carlson. Within the last 12 months a "beef" developed between myself andtheFisheries Division, DNR. Lyn, initiated on my behalf, a half dozen letters and phone calls -to several department V.I.P.'s to secure 300 excess Atlantic salmon broodstock for stocking in a metro lake previously stocked with rainbow trout. The salmon in question averaged between six and nine pounds. It was decided a year ago by fishery GITV MAYOR TODD PAULsoN OF BROOKLYN CENTER CITY HALL' BROOKLYN OFFICE OF THE MAYOR 19HAUA6 1° C ENTER 6301 SHINGLE CREEK PARKWAY O I BROOKLYN CENTER MN 55429 kOME`t I O`� PHONE: 569 -3300 FAX: 569 -3494 LAW OFFICE: 566 -1358 April 8, 1992 Allen Anderson, Chairperson Brooklyn Center Charter Commission 5351 Humboldt Avenue North Brooklyn Center, MN 55430 Dear Allen: Thank you for all the good work you and the Charter Commission have done on Section 2.05 regarding filling vacancies on the City Council. I appreciate the patience, persistence and participatory spirit with which the Charter Commission is addressing this needed change. I concur with the language drafted by the Commission. Personally, I'd like to see vacancies filled by elections, rather than appointments, whenever practical. But I defer to the deliberations of the Commission in proposing special elections be held if there's more than a year left in the term filled. I do disagree firmly with the provision that gives special consideration to past Mayors, Council members, or Commissioners when the Council appoints a replacement. As a Mayor and past Council member and Commissioner I don't think we deserve any extraordinary priority over any other citizen. If the Council does not appoint a past office holder, would that mean the Council is violating the City Charter? Naturally the Council, on its own, would weigh experience, knowledge and past service along with a number of other factors in choosing an appointee. I am confident the confusion over the meaning of some provisions of your amendment can be worked out and clarified between yourself, the Charter Commission and the City Attorney. I would also welcome the opportunity to assist in any wordsmithing of those provisions. Thanks again for asking for our comments and for all the important, quality work provided by the Charter Commission. Sincere Todd Pauls Mayor CITY OF BROOKLYN CENTER 0 TP:PP CITY OF BROOKLYN L.- CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 FAX: 569 -3494 EMERGENCY POLICE FIRE 911 C J Dear Community Organization: The City of Brooklyn Center is pleased to offer your organization an opportunity to become involved in the recently approved Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street Programs. These programs are modeled after the MNDOT Adopt -A- Highway Program, and are designed to involve civic organizations in a personal commitment to provide a cleaner and safer community. Community groups, clubs, churches, schools, service organizations, neighborhood groups, scouts, and individuals are being asked to consider adopting one of the city facilities highlighted on the enclosed map. Participating groups are asked to commit to providing service at least three times a year for at least two years. In return, participating groups will receive recognition in the form of a small sign at the facility, a City Council resolution thanking them for participating, and the satisfaction of providing a useful community service. Participants are asked to provide trash pickup and general cleanup. It is also possible for groups to be involved in weed pulling and flower bed /shrub maintenance, flower planting, painting, or other occasional services. Mr. Kent Korman of the Park Maintenance staff is available to provide assistance in selecting a City facility which best meets the interests and needs of participating groups. The Park Maintenance Department will provide trash bags, gloves, litter pickup sticks, and other materials, as well as safety vests for participants working near traffic. Park Maintenance staff will collect and dispose of trash bags and other items. If your organization is interested in participating in the Adopt -A -Park, Adopt -A- Trail, Adopt A- Street programs, please contact Kent Korman in the Park Maintenance Department, 569- 3380, or Joyce Gulseth in the Engineering Department, 569 -3340, or send in the enclosed application form. Projects will be allocated on a first -come first- served basis. Thank you for considering participating in this program. We look forward to working with You on this program. Sincerely, Diane Spector PUBLIC WORKS COORDINATOR April 14, 1992 CITY OF BROOKLYN CENTER APPLI CA TION FORM I' 11 F M A I PARK TRAIL STREET The City of Brooklyn Center reserves the right to refuse, cancel or revise this agreement if in its sole judgement the nature of the group or its sign is political, controversial, or in questionable taste, or if the group is not meeting the terms and conditions of this agreement. By signing this agreement, the group acknowledges the nature of the work and agrees to comply with the terms and conditions herewith to the satisfaction of the City of Brooklyn Center. Except for negligent acts of the City of Brooklyn Center, its agents and employees, the volunteers or their agents shall assume all liability for, and save the City of Brooklyn Center, its agents and employees, harmless from, any and all claims for damages, actions or causes of action arising out of the work to be done herein. Any and all volunteers of the group or other persons while engaged in the performance of any work or service performed under this agreement shall not be considered employees of the City of Brooklyn Center, and any and all claims that may or might arise under the Worker's Compensation Act of Minnesota on behalf of said employees or other persons while so engaged, and any and all claims made by any third party of the group's volunteers or other persons while so engaged on any of the work or services to be rendered shall in no way be the obligation or responsibility of the City of Brooklyn Center. Name of Group (Please Print) Name of Group Representative Address Phone (H) Name to Appear on Sign 1st Choice Park/Trail /Street 2nd Choice Park/Trail /Street (W) Signature of Group Representative Date •3 CITY OF BROOKLYN CENTER TERMS AND CONDITIONS 0 PARK TRAIL STREET 1. The group agrees to pick up litter and perform other duties as agreed to in the assigned City park/trail /street at least three (3) times per year over a two year period. Park maintenance staff suggest that the services be provided during the following periods: April 10 May 10; July 1 31; and September 1 30. Groups are welcome to volunteer more often, or during other periods as appropriate. 2. The group shall perform said services during daylight hours only. 3. The group shall provide adequate supervision to participants eighteen years of age or younger on site at all times during the project. 4. The group shall arrange project dates at least one week in advance with designated City Adopt -A Program personnel. The group shall obtain materials during regular City Garage business hours, which are 7:00 a.m. 3:30 p.m. Monday- Friday. The Garage is located at 6844 Shingle Creek Pkwy, and the phone number is 569 -3380. 5. The group shall place filled trash bags and other items to be discarded at a prearranged pick -up point at each project location. Groups are encouraged to recycle appropriate materials for their own benefit. 6. Borrowed or unused supplies shall be returned to the City garage within one week. 7. Groups wishing to contribute other services or perform one time special projects should contact designated City Adopt -A Program personnel. Any planting projects must be approved in advance by the Director of Public Works. The City of Brooklyn Center agrees to: 1. Provide trash bags, gloves, and litter pickup sticks. Safety vests will be provided if volunteers will be working on a street. When necessary, as determined by the City Engineer or his designee, temporary traffic warning signs will be provided. 2. Arrange to remove filled trash bags and large, heavy, or hazardous materials from the project location. 3. Erect a sign at the project location highlighting the group commitment to the Adopt -A Program and obtain an annual City Council resolution thanking the group for its commitment. ADOPT J :7 300 v SlITI ZZ 19 u n l� x"Z -0 SIDEWALKS EXISTING ON STREET TRAILS EXISTING OFF STREET TRAILS PROPOSED ON STREET TRAILS I� PROPOSED OFF STREET TRAILS .nw war UAP i SEE KEY ON REVERSE SIDE ADOPT -A PROGRAM SITES PARK Illllillll( TRAIL looloolool 'STREET Adopt -A -Trail 30. SHINGLE CREEK NORTH 69th Avenue to I94/694 Pedestrian Bridge 31. SHINGLE CREEK SOUTH Hennepin County Center to CR 10 32. LILAC DRIVE Centerbrook Golf Course to CR 10 33. 69th AVENUE Brooklyn Blvd to Shingle Creek Parkway (avail 1993) Adopt -A- Street 34. SHINGLE CREEK PKWY N 69th Avenue to I94/694 Adopt -A -Park SHINGLE CREEK PKWY S 1. BELLVUE 55th and Aldrich Avenues 2. GRANDVIEW 59th and Humboldt Avenues 3. LIONS 55th and Russell Avenues 4. HAPPY HOLLOW 50th and Abbott Avenues 5. NORTHPORT 55th and Sailor Lane 6. GARDEN CITY 63rd and Brooklyn Drive 7. BROOKLANE 65th and Drew Avenues 8. KYLAWN 61st and Kyle Avenues 9. ORCHARD LANE 65th and Orchard Lane 10. WANGSTAD 61st and France Avenues 11. WILLOW LANE 69th and Orchard Lane 12. WEST PALMER Palmer Lake Circle 13. EAST PALMER 71st and Oliver Avenues 14. FIREHOUSE 65th and Bryant Avenues 15. EVERGREEN 72nd and Bryant Avenues 16. RIVERDALE Dallas and Riverdale Roads 17. FREEWAY 67th and Beard Avenues 18. TWIN BEACH Twin Lake and Lakeside Avenues 19. CENTRAL Shingle Creek Parkway and Brooklyn Drive 20. RIVER RIDGE Mississippi River and 194/694 21. LAKESIDE Twin Lake Boulevard and Lakeside Place 22. MARLIN Marlin Drive and Indiana Avenue 23. TWIN LAKE ISLAND Upper Twin Lake 24. TWIN LAKE NORTH 58th and Major Avenues 25. TWIN LAKE PENINSULA Halifax and Eckberg Avenues 26. ARBORETUM 61st and Major Avenue 27. SHINGLE CREEK NORTH Both sides of Brooklyn Blvd, north of Wingard Lane 28. TWIN VIEW OUTLOTS 51st Avenue and Twin Lake Boulevard 29. WELL HOUSES East side of Camden Avenue, 70th to 72nd Adopt -A -Trail 30. SHINGLE CREEK NORTH 69th Avenue to I94/694 Pedestrian Bridge 31. SHINGLE CREEK SOUTH Hennepin County Center to CR 10 32. LILAC DRIVE Centerbrook Golf Course to CR 10 33. 69th AVENUE Brooklyn Blvd to Shingle Creek Parkway (avail 1993) Adopt -A- Street 34. SHINGLE CREEK PKWY N 69th Avenue to I94/694 35. SHINGLE CREEK PKWY S I94/694 to CR 10 36. FREEWAY BOULEVARD WEST Xerxes Avenue to Shingle Creek Parkway 37. FREEWAY BOULEVARD EAST Shingle Creek Parkway T.H. 252 38. SUMMIT DRIVE Shingle Creek Parkway to T.H. 100 39. JOHN MARTIN DRIVE Shingle Creek Parkway to T.H. 100 40. EARLE BROWN DRIVE John Martin Drive to Summit Avenue and loop north 41. COUNTY ROAD 10 Brooklyn Boulevard to T.H. 100 42. HUMBOLDT AVENUE 194/694 to 69th Avenue 43. DUPONT AVENUE NORTH I94/694 to 69th Avenue 44. DUPONT AVENUE SOUTH 194/694 to 57th Avenue 45. 46. WEST RIVER ROAD LYNDALE AVENUE 66th Avenue to 73rd Avenue 53rd Avenue to 57th Avenue (includes river bank) 47. FRANCE /LAKEBREEZE AVES 51st to Azelia Lane