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HomeMy WebLinkAbout1995 04-24 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER APRIL 24, 1995 7 p.m. a--1. Call to Order --2. Roll Call � � � /�� �+ e� k 9 S _-3. Opening Ceremonies - :5i 1 L �' ! r ��? -y~ � L ( ' �J t -5 4 ) —4. Council Report — 5. Presentation �4 � t 6. Approval of Agenda and Consent Agenda L.... PP g g -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 .f` ' r' ". - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. I. March 27, 1995 - Regular Session 2. April 10, 1995 - Regular Session Resolution Authorizing Execution of An Agreement for Operation and Management of the Five Cities Senior Transportation Project C. Resolution Approving Negotiated Agreement and Authorizing the Purchase of Property for a Storm Water Pond �- /,,-' 1-i /111L � if-/— QS- 1 "7 d. Resolution Approving a Joint Powers Agreement with the City of Brooklyn Park Regarding the Location of a Storm Water Pond and the Reconstruction s of 73rd Avenue North From Halifax to France Avenues North lLC / e. Resolution Accepting Bid and Awarding Contract for 1995 Diseased Tree S Removal, Improvement Project No. 1995 -10, Contract 1995 -C f. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 1995 -11, Contract 1995 -E, CMP Trunk Sanitary Sewer Relining ),--: C / k �--I I t" '-, 4 --- q � ' -- l / b g. Resolution Designating 1995 Planting List of Allowable Boulevard Tree Species /,,� C /� ,C ��'k f� ✓' j CITY COUNCIL AGENDA -2- April 24, 1995 h. Resolution Amending Special Assessment Levy Roll Nos. 13372 and 13373 to Provide for the Award of Assessment Stabilization Grants for the Woodbine Neighborhood Improvements p i. Resolution Amending the 1995 Central Garage Budget and Authorizing they "° Replacement of One (1) Hoist for the Central Garage ,r_�C:' j. Proclamation Declaring April 26, 1995, as School -Age Child Care Day k. Licenses ��� � %c:�t�/� �,�.... Open Forum 8. Council Consideration Items a. An Ordinance Vacating Certain Utility and Drainage Easements in Registered Land Survey No. 1603 and in Brooklyn Center Industrial Park Plat 1 f � This item relates to the Evergreens at Earle Brown Farm Development. This - - - ordinance was first read on March 27, 1995, published in the City's official C newspaper on April 5, 1995, and is offered this evening for a second reading V 7 ;1 l� and public hearing. �.� �1 � ,e C --,0 t • b. Recommendation by Employee Action Committee for Employee of the Quarter and Employee of the Year Program K_C /0 � Ato C. Legislative Update d. Staff Report Re: Revocation of Municipal State Aid Designation on Certain Street Segments, and Addition of Municipal State Aid Designation on Certain Street Segments 1. Resolution Revoking Municipal State Aid Street (67th Avenue North q5-- from Dupont Avenue North to T.H. 252) V h9 / kC 2. Resolution Establishing Designation of a Municipal State Aid Street (73rd Avenue North from Humboldt Avenue North to Dupont Avenue f North) e. Staff Report Re: Arbor Day and Earth Day Activities - Proclamation Declaring April 28, 1995, Arbor Day and May 1995 Arbor Month in Brooklyn Center 1)1J / - / W1 < --0 - =- 1. Resolution Recognizing the Designation of Brooklyn Center as a Tree • City USA k- C- / .. -d ! C n -/ / / 6 f. Items Removed from the Consent Agenda 9. Adjournment r' i jf + ral / U0410 i CITY COUNCIL AGENDA -3- April 24, 1995 EDA AGENDA CITY OF BROOKLYN CENTER APRIL 24, 1995 (following adjournment of City Council meeting) 1. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes: h - i on pp es. Mar c 27, 1995 Regular Session g - Commissioners not resent at meetings will be recorded as abstaining from P g g the vote on the minutes. b. Resolution Accepting Proposal for Appraisal Services Pursuant to Eminent Domain Proceedings on the Brookdale Motel Located at 6500 West River Road 4. Commission Consideration Items a. Public Hearing Regarding the Sale of Land Located at 5305 Bryant Avenue North to Twin Cities Habitat for Humanity 1. Resolution Authorizing Execution of Purchase Agreement for the Sale of Land Located at 5305 Bryant Avenue North to Twin Cities Habitat for Humanity 5. Adjournment • Camcil Meeting Date aril 24, 1995 3 City of Brooklyn Center Agenda Item Number a� Request For Council Consideration • Item Description: City Council Minutes March 27, 1995 - Regular Session April 10, 1995 - Regular Session Department Approval: " J Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Summary Explanation: (supporting documentation attached Yes ) March 27, 1995 - Regular Session Barb Kalligher was excused from the meeting and the minutes will reflect her abstention from the vote on these minutes. April 10, 1995 - Regular Session All Councilmembers were present. • 1 • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGLTI AR SESSION MARCH 27, 1995 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:01 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kristen Mann, Debra Hilstrom, and Kathleen Carmody. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Ron Batty, and Council Secretary Barbara Collman. Councilmember Barb Kalligher was excused from tonight's meeting. OPENING CEREMONIES .. Jim McCluskev offered the invocation. He also issued an invitation to the 17th annual prayer breakfast on April 22, 1995. Bob Stromberg will be the speaker for the meeting, which will be held at the Earle Brown Heritage Center from 8 a.m. to 10 a.m. COUNCIL REPORTS There were no Council reports. APPROVAL OF AGEti - DA AND CONSENT AGENDA Mayor Kragness inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Carmody asked that Item 6(a) be removed. Councilmember Hilstrom requested Item 6(b) be removed. There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve the March 27, 1995, agenda and consent agenda with the removal of Items 6 (a) and 6 (b). RESOLUTIONS • RESOLUTION NO. 95 -78 Member Kathleen Carmody introduced the following resolution and moved its' adoption: RESOLUTION AMENDING THE ENABLING RESOLUTIONS OF THE BROOKLYN CENTER FINANCIAL COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -79 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE ENABLING RESOLUTIONS OF THE BROOKLYN CENTER HOUSING COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLU'T'ION NO. 95 -80 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE ENABLING RESOLUTIONS OF THE BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -81 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE ENABLING RESOLUTIONS OF THE BROOKLYN CENTER PARK AND RECREATION COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO 95 -8 Member Kathleen Car introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE ENABLING RESOLUTIONS OF THE BROOKLYN CENTER PLANNING COMMISSION 3/27/95 - 2 - • The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -83 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND NORTH HENNEPIN MEDIATION PROJECT FOR MEDIATION SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -84 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND BROOKLYN PEACEMAKER CENTER, INC. FOR JUVENILE DIVERSION SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. ® RESOLUTION NO. 95 -85 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) DUMP BOX FOR TRUCK #92 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -86 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1994 -15, ADA TRAILS, CURB CUTS, AND PEDESTRIAN RA�IMPS, AND 1994 -23, MISCELLANEOUS SIDEWALK REPAIRS, CONTRACT 1994 -M The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 3/27/95 - 3 - I RESOLUTION NO. 95 -87 • Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1994 -33, CONTRACT 1994 -P, MISCELLANEOUS REMOVALS, EXCAVATION, AND CONCRETE CURB The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -88 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE 1995 DISEASED TREE REMOVAL PROGRAM, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995 -10, CONTRACT 1995 -C The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -89 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1995 -06, CONTRACT 1995 -A, 1995 SEALCOAT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -90 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 AND CHANGE ORDER NO. 1 FOR IMPROVEMENT PROJECT NO. 1994 -19, CONTRACT 1994 -J, SHINGLE CREEK PARKWAY MILL AND OVERLAY The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -91 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF RENTAL HOUSING REVENUE BONDS (FOUR COURTS APARTti1Ei`+TS PROJECT) • 3/27/95 - 4 - • SERIES 1995, IN AN AMOUNT NOT TO EXCEED 82,300,000; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND INDENTURE OF TRUST AND OTHER DOCUMENTS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF SAID BONDS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Vacating Certain Utility and Drainage Easements in Registered Land Survey No. 1603 and in Brooklyn Center Industrial Park Plat 1. There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve first reading of An Ordinance Vacating Certain Utility and Drainage Easements in Registered Land Survey No. 1603 and in Brooklyn Center Industrial Park Plat 1. The motion passed unanimously. LICENSES There was a motion by Councilmember Kathleen Carmody and seconded by Councilmember Kristen Mann to approve the following list of licenses: MECHANICAL SYSTEMS - Construction Mechanical Services 1307 Sylvan St. RENTAL DWELLINGS Renewal: Norman Chazin Four Courts Apartments Norman Chazin Northbrook Terrace Norman Chazin 6037 Brooklyn Blvd. Henry W. Norton 5240 Drew Ave. N. Norbert and Dolores Volbert 4207 Lakeside Ave. No. 122 Nancy G. Dahlquist 4700 Lakeview Ave. N. Donald Sobania 3 701 47th Ave. N. Revesco, Inc. 857 -861 70th Ave. N. Revesco, Inc. 873 -877 70th Ave. N. Revesco, Inc. 881 -885 70th Ave. N. TAXICAB Town Taxi 2500 Washington Ave. 128 The motion passed unanimously. 3/27/95 -5 - OPEN FORUtii .i Mayor Kragness noted the Council had received no requests to use the open forum session this evening. She inquired if there was anyone present who wished to address the Council. There being none, she continued with the regular agenda items. PUBLIC HEARING There was a motion by Councilmember Mann and seconded by Councilmember Carmody to open the meeting for a public hearing at 7:08 p.m. on An Ordinance Placing a Moratorium on the Siting of Adult Establishments Within Any Zoning District of the City of Brooklyn Center; and Directing a Study to be Conducted. The motion passed unanimously. Mayor Kragness inquired if there was anyone present who wished to address the Council. No one came forward. There was a motion by Councilmember Hilstrom and seconded by CounciImember Mann to close the public hearing at 7:09 p.m. The motion passed unanimously. ORDINANCE NO. 95 -02 Member Kristen Mann introduced the following ordinance and moved its adoption: AN ORDINANCE PLACING A MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS WITHIN ANY ZONING DISTRICT OF THE CITY OF • BROOKLYN CENTER; AND DIRECTING A STUDY TO BE CONDUCTED The motion for the adoption of the foregoing ordinance was duly seconded by member Kathleen Carmody, and the motion passed unanimously. WOODBINE NEIGHBORHOOD STREET IMPROVEMENT PROJECT The City Manager explained the City Council would be holding two public hearings concurrentl on this issue. The public heann would be for the improvement project itself and for the special assessment. The Director of Public Services reviewed the City's 20 -year street maintenance program in general. She then presented the proposed project, showing slides of existing conditions and proposed improvements. She described the improvements and gave an overview of costs, funding, and the rate of special assessments. She discussed the proposed schedule for the project, including a June 1, 1995, construction start and a September 1, 1995, construction completion. The Director of Public Services also explained a change in the special assessment payment method for this project. Interest on amounts due will begin accruing on October 1, 1995, at a rate of 7 percent, allowing for partial pre - payment. Councilmember Mann asked how many property owners are expected to make use of the stabilization program regarding this project. The Director of Public Services said one -third of homeowners used the program in 1994. There has been a change in the rules and she would expect 25 percent of homeowners might use the program this year. . 3 / 27 / 95 - 6 - Councilmember Diann asked whether special assessments of other property owners will be affected due to the change. The Director of Public Services said the assessments will not be affected because the funding is from a different source. Mayor Kragness asked the Director of Public Services to summarize the stabilization program for the benefit of residents in attendance at the meeting. The Director of Public Services did so, noting the program provides grants according to income. Applications for the program can be obtained at City Hall. The Director of Public Services or Engineering Department Staff can answer questions regarding eligibility. Councilmember Mann asked whether the City will be bonding an amount of approximately $800,000. The Director of Public Services said that was correct. Councilmember Mann asked whether assessments will be raised in the future. The Director of Public Services said it may be necessary to do so at some point in this 20 -year project. The assessment rate went from 33 percent of the project cost last year to 35 percent this year. The plan is to raise it to 40 percent. Therefore, assessments are expected to increase each year, including construction costs. Councilmember Mann asked whether such improvement projects are truly needed in view of the costs involved. The Director of Public Services replied the streets in Brooklyn Center are over 30 years old and a great deal of money is being spent to maintain them. It is not cost - effective to continue to sealcoat and patch damaged and deteriorated streets. The true condition of the streets may not.be obvious because they have been maintained so that they look good on the surface. After a certain point, such maintenance is no longer effective and a comprehensive replacement plan is necessary. l+ia Kragness asked how long a period of time is expected from the new construction of a street until it requires maintenance. The Director of Public Services said a new street is substantially maintenance -free for the first two or three years. After that, a maintenance plan is begun. She added concrete curb and gutter installed on new streets increases their life. The City Manager noted an extraordinary majority will be needed, according to state law, to approve the proposed street improvement project. PUBLIC HEARING There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to open the meeting for a public hearing regarding Proposed Improvement Project Nos. 1995 -07, 08, and 09, Woodbine Neighborhood Street, Storm Drainage, and Utility Improvements, and Proposed Special Assessments, Improvement Project Nos. 1995 -07 and 1995 -08, Woodbine Neighborhood Street and Storm Drainage Improvements, at 7:34 p.m. The motion passed unanimously. Mayor Kragness inquired if there was anyone present who wished to address the Council. 3/27/95 -7- Phil Barker, 4720 Wingard Lane, asked whether there is a storm sewer improvement • proposal for his street, whether the street will be widened, and whether the addition of curbs will stop snowplows from driving into the yard. The Director of Public Services said there is no storm sewer work planned on his street and the street will not be widened. The City Manager said when a snowplow driver feels the plow hit a curb it will be obvious so the situation should be rectified. Greg Lutgen, 7216 Brooklyn Boulevard, stated the proposed project should be postponed until resolution of issues on Brooklyn Boulevard, such as noise and pollution. The City should not spend money on this project until it determines what will be done at the end of Wingard Lane. The Director of Public Services said the Brooklyn Boulevard project will address the problems but the project ends at 71st /Noble Avenues, which is south of his home. The City Council has decided not to buy his house, which would have allowed for a larger cul -de -sac to be built. Mr. Lutgen said he will be assessed and the situation will not be improved. The other problems will not be resolved by the addition of curb and gutter. Greg Osborn, 7206 Lee Avenue North, noted he has lived at his property for 20 years and has not had a problem with water at the end of his driveway. The City has not notified him of a problem in the 20 years. He did not understand the need and felt the City wants to do general work to solve a few specific problems. He questioned where a holding pond will be located and whether or not the City owns the property for it. He opposed the holding • pond due to safety concerns for neighborhood children. He also noted the street has only been sealcoated once in the time he has lived there. The City Manager said the location of the south pond is not vet definite pending further negotiations. The safety issues for a holding pond are negated by the type of construction (slopes). The purposes of a holding pond are to filter out some solids and assist the water in draining into the pipes. The pond is expected to be built either on St. Alphonsus property or other private property, or in conjunction with the redevelopment project. The holding pond plans are not final. He also noted some holding ponds are dry, and none have very much water in them on a continual basis. Mr. Osborn asked whether the City owns the property and, if not, whether the cost is included in the special assessment cost. He was told the City does not currently own the property and the cost is included in the special assessment. Mr. Osborn said he would like to have the slides shown earlier identified. He said it is not worth $2 million to fill potholes. He asked whether there are other areas in worse need of work. The City Manager explained there may be worse individual streets, but this area has the most need due to a combination of the three factors of sanitary sewer, storm water, and streets. Mr. Osborn asked whether other areas of the City which have bad streets have been worked up for special assessments. The City Manager said a 20 -year street improvement program has begun. 3/27/9 - 8 - Roger Kloster, 7223 Lee Avenue North, asked whether the members of the Council have driven through the Woodbine neighborhood to evaluate the proposed program and, if so, whether they agree the streets are in need of this much work. The Councilmembers confirmed they had each driven through the neighborhood. Mayor Kragness commented she is not knowledgeable enough to judge the total situation. However, she did see potholes everywhere and does understand the combination of the three concerns which need to be addressed. Mr. Kloster noted Woodbine Lane is on an MTC bus route and carries heavy buses yet has no potholes or sunken areas. He has lived there 26 years and does not see a deterioration. He noted curb and gutter would enhance the street but questioned the need for it when $2,400 is difficult for some residents. Mr. Kloster commented the City Council works for the City and therefore would not have the right to stop maintaining streets. He expressed his opinion the "Woodbine Neighborhood" should be, instead, "Northbrook Manor," which is the platted name. He felt the project is tied to the redevelopment at 69th and Brooklyn Boulevard and a senior facility on the west side of St. Alphonsus. He noted the City contacted St. Alphonsus, not the other way around. He said there has been deception and threats and he is concerned about what else residents are not being told. Woodbine Lane has only been sealcoated once in the past 26 years and that time it was done incorrectly. He also asked how much taxes will be reduced based on the savings realized from lower maintenance costs. He asked the minimum amount to bond without assessment. The City Manager said the minimum amount to bond without assessment is 20 percent. Mr. Kloster • said Brooklyn Center's assessment is 35 percent- He suggested reducing the bond to 20 percent to lower the assessment. The City Manager said it is a legal possibility, however it would be necessary to stay slightly above the 20 percent in order to not go below. There could be other effects. The City Manager noted the Woodbine Neighborhood street improvement project can be viable with or without the involvement of the St. Alphonsus property. The City contacted the church about redevelopment because it was aware, years ago, that there was an interest but that contact was made after the Woodbine area was first considered for improvements. Mr. Kloster said the Council should consider other methods of funding the project. He repeated the project would make the area attractive, but he questions whether it is needed at the cost. The Director of Public Services stated the street maintenance budget was reduced $40,000 for 1995, and it is expected the budget taxes will be reduced another $40,000 due to the reduction in street maintenance costs. In regard to other types of funding, she said there are other options for the short term but the overall need is for $17 million . and it is important to make a start. Councilmember Carmody said she has checked other cities and determined assessments are paid one wav or the other -- either through special assessments or increased taxes. She also • 3/27/95 - 9 - said she is aware St. AI honsus s�' r p parishioners have discussed the idea for several ears and this was just an opportune • ortune time to execu i J PP cu t. Jim Person, 7100 Kyle Avenue North, noted he has Lived in his home eight years. He said he does not like the cost of the project and other areas of the city seem to have worse conditions. He felt the sequencing is bad as a new street may have to be tom up later to put in a new sewer. It seems as though these are partial fines and the cost is greater than the Willow Lane project. He is concerned about the safety issue of the holding pond and children. He does not want to pay for replacement of the infrastructure to benefit a developer. He does not want to see low income or retail properties in the area. The City should postpone the project until the property for the pond is secured, a fence is planned, and other problems are solved. Counciimember Mann asked the Director of Public Services to address the legislative mandates relating to the issue. The Director of Public Services e.:cplained there is new legislation requiring the quality of run -off waters be improved. Ponds are being b constructed at a rapid rate. Developers must build ponds to treat storm water before it enters the sewer. The Director of Public Services also commented a fence around a pond makes it even more attractive to children and delays rescue efforts if needed. Surface water treatment requirements must be met and it is being done neighborhood by neighborhood. One reason the Woodbine Neighborhood is a priority this year is due to the necessity to correct the drainage into Palmer Lake. It is not possible to finalize the purchase of property without an approved project. Councilmember Hilstrom asked what effect, if any, ponding on a street would have and what would happen to these streets if they were not rebuilt at this time. The Director of Public Services said anv standing water contributes to decay of a street. There must be a line drawn as to how much water is too much. If the streets are not re- built, the City would fill the potholes and the edges would continue to deteriorate. The City would keep the streets drivable but sealcoating would not benefit them. Llayor Kragness read aloud a letter from Yvonne Williams, 4200 71st Avenue North. Ms. Williams expressed support for the P J ro'ect. She commented all work cannot be p assed onto the next generation for handling. Delores Fehlberg, 4512 Woodbine Lane, said she is a 22 -year resident of the neighborhood. She said she has checked the streets but is unsure about their condition. However, she urged the sealcoating would be continued if the project is not approved. She noted there has been a lack of communication regarding the project. The letter issued to residents last fall said a feasibility study would be conducted and she would like to see the results of that report. She mentioned residents of the neighborhood have been very upset and it is good that the interest rate has been lowered. • .3l 27/95 - 10- • Jim Skare, 7124 Indiana Avenue North, asked whether the tax reduction is a result of last year's project and this one. The Director of Public Services said the reduction is due to the new pavement management program. Mr. Skare asked whether there will be repairs to the sanitary sewer. The City Manager said in areas where there is a problem with the service the City will repair the sewer to the property line plus the sections at the street. Residents may choose another contractor for repairs from the street to the house. Mr. Skare asked whether City Staff knows at this point where the problems with the sanitary sewer are. The Director of Public Services said Staff is still in the process of dete the areas in need of repair. Mr. Skare lives on the edge of an area which has had documented problems. Mr. Skare urged the underground work be done before the street repairs. The City Manager noted the televising of underground utilities is a fairly new method, so in the past streets were constructed without knowledge of sewer problems. Now, problems are identified by using the cameras plus surveying users. Jo Plante, 7212 Halifax Avenue North, asked why this project is being assessed at $875 more than the Willow Lane project. She had been told the Willow Lane project received funding from the "sewer fund" and wondered if such a fund would be available for this project. The Director of Public Services said the storm drainage utility fund was established in 1991. It has not been in existence long enough to accumulate a reserve to pay for all the coming • repair projects. Last year, however, there were enough funds to pay for the improvements so they were not assessed by.the City Council. Inter, the storm management plan began and the policy was changed in December, 1994. Ms. Plante said the City Council should have had more foresight and it is unfair to charge one group of residents and not the other. The City Manager noted City Council and Staff were not aware of the magnitude of the repairs needed. Charles Bower, 7131 June Avenue North, asked for an explanation of the basis for the interest to be charged, at whatever percentage. The City Manager said the City bonds for the funding at somewhere between five and one -half and six percent interest. State law recommends charging one to one and one -half above that to cover delinquencies, etc. Mr. Bower asked whether, if the bond price drops, the assessment amount would also drop. The City Manager said the amount would drop. The final notices would reflect any change. Mr. Bower asked why there is only one opportunity to pre -pay the amount before October 1. The Director of Public Services answered the City is not in the banking business. She suggested property owners work with their bank or credit union to establish payment options. • Mr. Bower asked whether there are line items in the budget regarding street improvements and whether money can be saved toward the future. The City Manager stated there have 3/27/95 been efforts to urge the legislature to adopt it, but it hasn't happened. The streets are not considered a utility. Mr. Bower asked whether the payment can be prepaid after it is transferred to the county tax rolls. The City Manager said after the first year it can be prepaid in certain months. Mr. Bower noted some nei residents are on fixed incomes and this amount seems excessive. It is also difficult for young families just starting out. The fee doesn't seem fair when compared to fees assessed last year for the other project. Mayor Kragness noted anyone can apply for the stabilization program. The Director of Public Services then reviewed the payment options. The assessment can be paid in full by November 30 with interest beginning to accrue on October 1, or it can be put on county taxes to be paid over a period of ten years. Tim Weiss, 7130 Grimes Avenue North, said it was unfair that Grimes Avenue North residents were notified late. The Director of Public Services apologized for the inconvenience of the late notification. She explained when the storm drainage plan was detailed it became obvious it would be more cost - effective to involve Grimes Avenue North in this project rather than the neighborhood to the east. The City Manager noted the City is flat, making it difficult to tell where the drainage will run until a drainage plan is examined in minute detail. • Mr. Weiss said there should have been better research and this was a major oversight. Grimes Avenue North residents should have a five -month grace period to equal the one the other residents had between notification and payment due date. He added an interest rate of 7 percent over 10 years is not a good deal and a person would be better off going to a bank or credit union. Mayor Kragness noted any resident would have that option. A resident at 7224 Halifax Avenue North noted fencing around a pond may be more attractive but the pond is the danger for children. He stated there should be quality control on the project to guarantee its success. He asked whether he can stop payment on his check if the project is not successful. Mayor Kragness noted we hire professionals in order to be assured of quality. The City Manager commented last year's project was successful. Graydon Boeck, 5601 Indiana Avenue North, expressed concern over the cost of 5600,000. A re- design should be considered. He asked how many miles of concrete curb and gutter the City has. He said the basis for performing a public improvement is whether it will raise the property value and he questions whether that is happening. He added sealcoating does benefit a street and should be continued if the project is not completed. Councilmember Hilstrom spoke regarding the 20 -year street program. She said it will benefit the whole city and there will be a detrimental effect if it is not followed. She feels the program is necessary. 3/27/95 - 12- The Director of Public Services stated in 20 years Brooklyn Center streets will be 50 to 60 ye�:rs old. Infrastructure ages. She mentioned a number of first -ring suburbs which have implemented or completed similar programs for the same reason. She added the Woodbine Neighborhood is a stable neighborhood now but if the streets deteriorate properties will lose value and new buyers will not be attracted to it. Terry Rawson, 7225 Major Avenue North, spoke in support of the project. He rides his bike on the neighborhood streets and has noticed deterioration. He would rather pay what is necessary now than pay a larger amount later, whether he can afford it or not. Jim Person, 7100 Kyle Avenue North, suggested the Council take two or three years to reassess what is needed and plan a project which is consistent and fair. Mayor Kragness mentioned the escalation of costs is a factor. Councilmember Carmody stated there is a 20 -year plan in place. Assessments can change as elected officials change. The Director of Public Services cannot plan regarding assessments because the assessment fee is a decision of the City Council. Mr. Person said a plan needs to be developed. Councilmember Carmody said there is a plan. Assessments increased to $1,700 and $725. • The City Manager commented it is not unusual for program changes to cause concerns. Elected officials have to make judgments. The meeting of the Brooklyn Center City Council was recessed at 8:58 p.m. The meetin of the Brooklyn Center City Council was reconvened at 9:14 p.m. Mark Holmes, 7207 Grimes Avenue North, asked for a discussion of options concerning traffic. The Director of Public Services said some physical changes are being considered. Chokers, which bring in the edges of a street giving the impression that it is getting smaller, and stop signs are options which will be discussed with residents. Changes like these might not impact the amount of traffic in the neighborhood but they might change behaviors of drivers. Bill Heer, 4200 Woodbine Lane, is a 30 -year resident of the neighborhood. He noted $2,400 is less than $100 per year, which is not a bad investment. He stated neighborhoods have life spans and noted the downtown area has been revitalized and now attracts people. He felt there is an ice problem on neighborhood streets. If the project is not done, those who are opposed may not want to live in the neighborhood either. If the streets are not rebuilt, they will deteriorate. Wayne Pitschka, 4401 Woodbine Lane, has been a resident of the area for over 30 years. • He said he does not like the bus on Woodbine Lane. He also does not like the option of chokers. He believes the streets are bad and he has long been in favor of putting in curbs. 3/27/95 Improvements might not raise property values but they will contribute to values holding steady. He is concerned that repairs to underground services, including gas lines, be completed before street construction. He is in favor of the project and knows other residents who also support it. There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to close the public hearing at 9:22 p.m. The motion passed unanimously. Councilmember Hilstrom stated she has looked at the 20 -yeas program and believes there is no question of whether streets must be rebuilt, but only of when they will be rebuilt. The City needs to have pleasing neighborhoods. She stated she is in favor of the project. Councilmember Carmody spoke regarding redevelopment issues. No retail is proposed which would be closer but it would replace what is currently at 69th Avenue North and Brooklyn Boulevard. She said the complaint about paying for the infrastructure is not valid. The infrastructure simply needs repair and it is no one else's responsibility. As far as the 20 -year program not being well planned, she noted the whole City will eventually have road repairs. However, assessment payments will vary according to the Council at that time. She suggested in the future assessment letters be sent out earlier in a project. She expressed support for this project. Councilmember Mann said she is concerned about the amount of funding being added to general City taxes. It is proper for assessment rates to be increased. She stated she is in favor of the project. Mayor Kragness said the Councilmembers had presented good opinions. She stated the Council must do what is best for the City as a whole. Street reconstruction can only cost more at a later date. She said she supports the project. RESOLUTION NO. 95 -92 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ORDERING IvIPROVEMENTAND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, IMPROVEINfENT PROJECT NOS. 1995 -07, 08 N`D 09, WOODBINE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS, CONTRACT NO. 1995 -B The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -93 Member Kristen Mann introduced the following resolution and moved its adoption: • 3/27/95 - 14- RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR IMPROVEMENT • PROJECT NOS. 1995 -07 AND 08, WOODBINE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. HUMBOLDT AVENUE STREET IMPROVEMENT PROJECT The City Manager explained the City Council would be holding two public hearings concurrently on this issue. The public hearings would be for the improvement project itself and for the special assessment. The Director of Public Services reviewed the project. She noted there would be construction of a 30 -foot roadway with concrete curb and gutter, underground power lines, and landscaping. There will be assessments on five non - single family home properties. She noted no objections were received by the City in response to published and mailed notices. PUBLIC HEARING Mayor Kragness opened the meeting for a public hearing on Proposed Improvement Project Nos. 1994 -05 and 06, Humboldt Avenue, 69th Avenue to 73rd Avenue, Street and Utility Improvements, and Proposed Special Assessments, Improvement Project No. 1994 -05, Humboldt Avenue, 69th Avenue to 73rd Avenue Street Improvements at 9:34 p.m. • Wes Penrod, representing Brookdale Towers Program, developer of 6925 -6915 Humboldt Avenue North, presented a statement of objection from an attorney on the company's behalf. The City Manager noted this step is part of the appeal process. Charles Lenthe, 7007 Irving Avenue North, spoke regarding the final plans and specifications for the project. He noted they do not include widening at 73rd Avenue, which is necessary to promote better moti•ement of traffic going north in the evenings. He also noted the two stop signs at 70th Avenue North and 72nd Avenue North were meant to reduce traffic but there has been no significant impact; traffic is not even slowed. He urged the City Council to consider removing the stop signs since they are a burden. Mayor Kragness noted the description of the project in the minutes does not refer to stop signs. Mr. Lenthe said if they are in the plans they will be put in. The City Manager said they are in the plans and the Council intended they be included. Mayor Kragness asked whether there have been other calls regarding the stop signs. The City Manager said there have been calls on opposite sides of the issue. Debbie Hensel, 1500 Amy Lane, commented she had complained about the stop signs. One of the signs is at her driveway. The residents had requested traffic relief. The signs have not reduced the amount of traffic, but it is better to have them than have nothing. She • 3/27/95 - 15 - added widening the road would add to the traffic problem. She urged the Council to approve the project as proposed rather than delay it further. There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to close the public hearing at 9:44 p.m. The motion passed unanimously. Councilmember Hilstrom suggested better relief in this area be discussed in the upcoming meeting with Brooklyn Park. There have been preliminary discussions with Brooklyn Park and there may be actions which can be done in conjunction with Brooklyn Park. He said the Humboldt Avenue issue will be on an agenda for a joint meeting with Brooklyn Park. Councilmember Carmody commented she supports the project as it is. Children shouldn't be crossing the street with increased traffic. Councilmember Mann noted this has been a lengthy process, but she supports the project. Mayor Kragness said the current Council has followed and been involved in the consideration of this project for some time. The project as it stands now is the best of three options. She said she supports the project in light of choosing what is best for the City as a whole. RESOLUTION NO. 95 -94 • Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 1994 -05 AND 06, HUMBOLDT AVENUE, 69TH AVENUE TO 73RD AVENUE STREET AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. The City Manager asked the Citv Attorney whether the property which is appealing the assessment should be excluded from the assessment procedure at this point. The City Attorney noted the statement of objection is only a first step and the company has thirty days to file the appeal. He recommended Council go ahead and begin the assessment process. RESOLUTION NO. 95 -95 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1994 -05, HUMBOLDT AVENUE, 69TH AVENUE TO 73RD AVENUE STREET IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS • 3/27/95 - 16 - • The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. COUNCIL CONSIDERATION ITEMS PLANNING COMMISSION ITEMS The Planning and Zoning Specialist reviewed Planning Commission Application No. 95003 submitted by Brookdale Office Park Partnership. Request for a Special Use Permit amendment to allow an expansion of the Cardinal Strich College operation located in the Brooklyn Crossing Office Building, 3300 County Road 10. He also reviewed the Planning Commission's response. Regarding parking, he said the use would be limited off -peak use, so potential problems are reduced. He noted the conditions, with the exception of the amount of square footage, are the same as those on the original application. A representative was available to answer questions. Councilmember Hilstrom questioned the concern over the stairway. The Planning and Zoning Specialist said the issue is the exiting of people from the upper floors down to the ground floor. The building official has reviewed the situation and said it is acceptable according to the formula used. However, the proposed occupancy of the fourth floor may bring the occupancy rate to its maximum. Councilmember Mann complimented the Planning Commission for its work on the application consideration. There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve Planning Commission Application No. 95003 submitted by Brookdale Office Park Partnership, subject to the following conditions: 1. The amended Special Use Permit is issued to the applicant on behalf of Cardinal Strich College to operate an expanded night school in the Brooklyn Crossing office building at 3300 County Road 10. The school shall be allowed to occupy 4,300 square feet of rentable space on the fourth floor as indicated in the applicant's submittal. Any further alteration or expansion of the school use within the office building, shall require an amendment to this Special Use Permit. ?. The applicant shall receive a sewer availability charge determination from the MWCC and final approval from the Building Official with respect to exiting and occupancy prior to the issuance of a building permit for this expansion. 3. Classes shall be held between 6:00 p.m. and 10:00 p.m. weekdays and on weekends. No weekday day time classes are included as part of the approval of this amended Special Use Permit. • 4. The amended Special Use Permit is subject to all applicable codes, ordinances and regulations, any violation thereof shall be grounds for revocation. 3/27/95 - 17- The motion passed unanimously. • The Planning and Zoning Specialist reviewed Application No. 95004 submitted by VenStar Corporation. Request for Site and Building Plan approval for a 60,090 sq. ft. building for General Litho Services, Inc. to be located west of Parkway Circle, north of the Holiday Inn. He also reviewed the Planning Commission's response to the application, including 16 conditions, 12 of which are standard conditions. He noted expansion plans at a later date will need to be approved by the Planning Commission and City Council. He stated the owner of General Litho, Gary Garner, was present. Mayor Kragness asked whether the property is existing wetland. The Planning and Zoning Specialist said that a portion of the property contains existing wetlands. Mayor Kragness questioned whether the width of the streets needs to be increased to add ease of access to the property. The Planning and Zoning Specialist said the street was designed to accommodate a building of this size. Councilmember Mann asked whether this will be the first building in the area with a pond on the property. The Planning and Zoning Specialist said there is a general pond in existence serving part of the area. Councilmember Mann asked why there isn't a regional pond. The Planning and Zoning • Specialist said a regional pond would make sense but there are multiple owners of the properties to coordinate, and at the current time the City is not dealing with the other owners. The City Manager commented there is natural drainage in the area which serves the function significantly. Graydon Boeck, a member of the Planning Commission, commended the company for building in Brooklyn Center. He discussed the use of a 72 -inch pipe. He suggested monies from levies be used to develop a detention plan using the wetland area as soon as possible. He felt the plans for future expansion should be addressed at this time. Councilmember Hilstrom asked for the Planning and Zoning Specialist's response regarding the expansion. The Planning and Zoning Specialist said the revised drainage plan is being reviewed. It will be three to four months before the expanded plan will be ready and waiting for it will delay construction. The Director of Public Services stated there are limits as to what can be done but options are being developed. There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve Planning Commission Application Ito. 95004 submitted by VenStar Corporation, subject to the following conditions: .)/:.7/9- - 1S - 1. The building plans are subject to review and approval by the Building Official with 1 respect to aoodcable codes prior to the issuance of building permits. I Grading, drainage and utilities plans are subject to review and approval by the Engineering Department prior to the issuance of building permits. . P P J. A Performance Aareement and supporting Financial Guarantee (in an amount to be determined by the City 1Nfanager) shall be submitted prior to the issuance of building permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 6. An under around irrigation system shall be installed in all . landscaped areas to facilitate site maintenance. r. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City ordinances. S. B =612 curb and gun-tr shall be provided around all par'.dng and driving areas. 9. The . applicant shall submit an as -built survey of the property, improvements and uth i service lines prior to release of the Performance Guarantee. 10. The proper �y owner shall enter into an easement and azreement for maintenance and inspection or utility and storm drainage systems, .prior to the issuance of building perinits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the Engine erin; Department. 12. T he storm drainage syste.•n shall be approved by the Shingle Creek Watershed Manaae:"ent Cor.mnission prior to the issuance of building pe:anits. 13. Ponding areas required as a pa-: of the storm drainage pi . shall be protected by an approved easement. The easement cocument(s) shall be executed and filed with ennlpin County prior to the issuance of building perrut. 1.:e _0 parun stall irLdicat'..'. on t,ie ilor' i -' d Ot the 4 sh be Qe.^.1Cateu as Oil- sit� aC�2s'ZO — i 7artina i0r 1 .Oi1 �1 0:. aCioli:I �'OCeI J. Said. Q Clar2tlol be nice w the ..tie to . 1 rop l:t ils U--or to th e issua"Tce of bu'±dirg p erT. :s. 19 - 15. An amended Special Use Permit for off -site accessory parking on Parkway Circle, the central parking lot and adjoining areas relieving the subject property of its 153 parking stall dedication will be required to be granted and an appropriate amendment to the easement agreement and declaration of covenants relating to these properties shall be executed and filed with Hennepin County prior to the issuance of building permits for this project. 16. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. The motion passed unanimously. REALIGNMENT OF 65TH AVENUE The Director of Public Services presented the Staff Report concerning Improvement Project No. 1994 -13, 65th Avenue Realignment, Brooklyn Boulevard to Indiana Avenue. The Director of Public Services discussed the feasibility of, and assessments on, the issue. She noted the project would fall under the Associated Improvements part of the Park and Ride project. Property owners in the area are concerned with safety. This is an opportunity to accommodate the residents' desire to realign 65th Avenue with one -half the cost being paid by the Metropolitan Council Transit Operations (MCTO). Staff recommends there be no special assessments to the property owners on the south side of the street. Rather, those amounts will be rolled into the project cost. The MCTO will pay the entire cost of the extra depth of the pavement and the City will pick up the rest of the cost, which is estimated to be $94,000. Staff will meet with residents on the south side of the street and the project will come back before the Council for consideration in two weeks. Councilmember Mann questioned whether the project had already been moved forward by Council with assessments. The Director of Public Services said assessments had not been discussed in detail prior to this meeting. The City Manager noted the City Council had not reached a conclusion on the matter. Staff does not recommend assessing any properties as there are too many complications to demonstrate benefit. Councilmember Mann asked whether an assessment would be at the rate of $1,500 per property. The Director of Public Services stated the recommendation is that the City pay two- thirds of the cost of the project and the MCTO pay one - third. If the assessment were levied, the total amount would be $19,000. Councilmember Mann asked whether the street in question is scheduled for work sometime in the next 8 to 10 years on the 20 -year street improvement plan. If so, she expressed concern about not assessing the residents equally. The Director of Public Services said the street is on the 20 -year plan. 3/27/95 -20- • Councilmember Carmody commented it is not fair to residents to make arbitrary assessments. She felt it is necessary to demonstrate a consistent approach. Councilmember Hilstrom noted the City must legally be able to demonstrate benefit to properties in order to levy assessments. A Park and Ride will not provide benefit. The MCTO will benefit from the project. The City Manager commented the issue can be argued from both perspectives. The practice has been to assess unless there are entanglements which make it difficult to prove benefit. It is necessary to judge on an individual basis and sometimes make exceptions. Mayor Kragness questioned whether the extensions of driveways will be City -owned property. The City Manager said the portions of driveways will probably remain boulevard. Discussions with property owners are ongoing and the question is not resolved at this time. He indicated the driveway portions would probably remain public property which is to be maintained by property owners. RESOLUTION Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, RECEIVING ENGINEER'S FEASIBILITY REPORT, AND AUTHORIZING PREPARATION OFTLANS AND SPECIFICATIONS • FOR IMPROVEMENT PROJECT NO. 1994 -13, 65TH AVENUE REALIGNMENT, BROOKLYN BOULEVARD TO INDIANA AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann. Councilmember Mann expressed concern over the issue of not assessing the properties. She felt benefit to the property owners can be proven. Since costs are increasing, the City needs to levy the assessments. Roll call vote: Mayor Kragness, aye; Councilmember Hilstrom, aye; Councilmember Mann, nay; Councilmember Carmody, nay. The motion failed on a tie vote. RESOLUTION Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, RECEIVING ENGINEER'S FEASIBILITY REPORT, DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NO. 1994 -13, 65TH AVENUE REALIGNMENT, BROOKLYN BOULEVARD TO INDIANA AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member • Kathleen Carmody. 3/27/95 -21- Roll call vote: Councilmember Mann, aye; Councilmember Carmody, aye; Councilmember • Hilstrom, nay; Mayor Kragness, nay. The motion failed on a tie vote. The City Manager noted the issue will be brought forward at the next City Council meeting. PENDING OWNERSHIP TRANSFER OF NORTHWEST SUBURBS CABLE COMMUNICATIONS SYSTEM The City Manager noted there is an opportunity for the Council to pass on comments to a new owner. This will be the third transfer of the system. Councilmember Mann commented the transfer will be interesting. Many good points have ZD been made by the commission. She added there will be a public hearing held at City Hall on April 6 at 7 p.m. The City Manager said he and Councilmember Mann would be willing to take comments of other councilmembers to the public hearing. LEGISLATIVE UPDATE The City Manager stated he has been asked to go before the legislature to request funding to study Hennepin Community Works, including the storm water pond at Shingle Creek. At this point, he would like to indicate support for planning, not for the project. Mayor Kragness asked whether funding will be shared. The City Manager said the cost of • the pond project would be shared with the City of Minneapolis. There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to authorize the City Manager to speak before the legislature in support of funding for the study of Hennepin Community Works. The motion passed unanimously. APPROVAL OF MINUTES MARCH 13 1995 - REGULAR SESSION Councilmember Carmody noted on page 12 of the minutes the wording should reflect the vote was unanimous. There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve the minutes of the March 13, 1995, regular session as printed and amended. The motion passed unanimously. PROCLAMATION Councilmember Hilstrom noted this item was removed from the consent agenda in an effort to draw special attention to the matter. Member Kathleen Carmody introduced the following proclamation and moved its adoption: • 3/27/95 -22- . PROCLA-NIATION DECLARING APRIL 22, 1995, TO BE A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER. The motion for the adoption of the foregoing proclamation was duly seconded by member Kristen Mann, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:50 p.m. Deputy City Clerk or Ma P tY tY y Recorded and transcribed by: Barbara Collman Timesaver Off Site Secretarial J/27/95 - 23 - MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA i REGULAR SESSION APRIL 10, 1995 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:04 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kristen Mann, Debra Hilstrom, and Kathleen Carmody. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Assistant City Manager Nancy Gohman, City Engineer Scott Brink, Communications Coordinator Terri Swanson, City Attorney Charlie LeFevere, and Council Secretary Barbara Collman. Councilmember Barb Kalligher arrived at 7:49 p.m. OPENING CEREMONIES Bob Weiss offered the invocation. COUNCIL REPORTS Councilmember Mann announced a spring kick -off for the Adopt -A -Park and Adopt -A- Street programs on Saturday, April 22. There will be a continental breakfast before work begins and prizes will be awarded during the event. Councilmember Mann also mentioned the annual awards night for the Crime Prevention program will be held on Wednesday, April 19, at Constitution Hall. A reminder was made of the annual prayer breakfast to be held April 22 at 8 a.m. at the Earle Brown Heritage Center. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Kragness inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Mann requested Item 6(i) be removed and Councilmember Hilstrom requested Item 6(h) be removed. 4/10/95 - 1 - There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve the April 10, 1995, agenda and consent agenda with the removal of Items 6 (h) and 6 (i). The motion passed unanimously. APPROVAL OF MINUTES MARCH 20 1995 - WORK SESSION There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve the minutes of the March 20, 1995, work session as printed. The motion passed unanimously. PROCLAMATIONS PROCLAMATION Member Kathleen Carmody introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING THE WEEK OF APRIL 22, THROUGH APRIL 29, 1995, AS VOLUNTEER RECOGNITION WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Kristen Mann, and the motion passed unanimously. PROCLAMATION Member Kathleen Carmody introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING THE WEEK OF APRIL 23, THROUGH APRIL 30, 1995, AS THE DAYS OF REMEMBRANCE OF THE HOLOCAUST The motion for the adoption of the foregoing proclamation was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 95 -96 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION DISSOLVING THE BROOKLYN CENTER DRUG AWARENESS COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 4/10/95 -2- RESOLUTION NO. 95 -97 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -98 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) TRUCK- MOUNTED, HIGH - VELOCITY SEWER CLEANER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -99 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID, APPROPRIATING ADDITIONAL FUNDS FOR, AND AUTHORIZING THE PURCHASE OF ONE (1) SKID -STEER LOADER, ASPHALT COLD PLANER, AND TRAILER • The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. LICENSES There was a motion by Councilmember Carmody and seconded by Councilmember Mann to approve the following list of licenses: MECHANICAL SYSTEMS Allan Mechanical, Inc. 6020 Culligan Way B & D Plumbing & Heating, Inc. 4091 MacIver Ave. N.E. Dependable Indoor Air Quality, Inc. 2619 Coon Rapids Blvd. Diversified Mechanical Services 1525 E. 88th Street Egan & Sons Co. 7100 Medicine Lake Road Faircon Service 1891 W. County Road C Golden Valley Heating & A/C 5182 W. Broadway Lakeland North Plumbing & Heating 16041 Kangaroo St. N.W. Maple Grove Heating & A/C 401 County Road 81 Metropolitan Mechanical Contractors 7340 Washington Ave. S. Modern Heating & A /C, Inc. 2318 First St. N.E. O'Keefe Mechanical, Inc. 7251 Washington Ave. S. i 4/10/95 - 3 - MECHANICAL SYSTEMS - CONTINUED Owens Services Corporation 930 E. 80th St. P & H Sservices Co., Inc. 1601 67th Ave. N. PRS Mechanical, Inc. P.O. Box 68111 Palen /Kimball Company 550 Vandalia St. Pride Mechanical, Inc. 3025 N.E. Randolph St. R & S Heating & A /C, Inc. 21357 Hemlock Ave. Rapid Heating and A/C 8714 E. Research Center Road E.A.H. Schmidt & Associates, Inc. 3245 Winpark Drive Standard Heating & A/C Co. 410 W. Lake St. Superior Contractors, Inc. 6121 42nd Ave. N. Ray Welter Heating & A/C 4637 Chicago Ave. S. Yale, Inc. 9649 Girard Ave. N. MOTOR VEHICLE DEALERSHIP CLASS A Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Brookdale Pontiac 6801 Brooklyn Blvd. RENTAL DWELLINGS Renewal: Lutheran Church of the Master Brookdale Manor Center Park Senior Apts. Inc. Maranatha Place Joe and Madeliene Roche 824 69th Ave. N. SIGN HANGER • Lawrence Sign 945 Pierce Butler Route Midway Sign Co., Inc. 444 N. Prior Ave. TAXICAB Suburban Taxi #201 3315 2nd St. N. The motion passed unanimously. OPEN FORUM Mayor Kragness noted the Council had received no requests to use the open forum session this evening. She inquired if there was anyone present who wished to address the Council. There being none, she continued with the regular agenda items. 4/10/95 -4- COUNCIL CONSIDERATION ITEMS • RESOLUTION NO. 95 -100 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF KEITH TUTTLE FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -101 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ELLA SANDER FOR HER DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. MAYORAL APPOINTMENTS Mayor Kragness noted there is another upcoming vacancy on the Housing Commission. She commented it is difficult to choose from applicants to fill vacancies and consulted other knowledgeable individuals during the decision - making process. Mayor Kragness recommended the appointment of Jonathan Carter to the Brooklyn Center Planning Commission. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to appoint Jonathan Carter to the Brooklyn Center Planning Commission. The motion passed unanimously. Mayor Kragness recommended the appointment of Kathryn Palm to the Brooklyn Center Housing Commission. There was a motion by Councilmember Carmody and seconded by Councilmember Mann to appoint Kathryn Palm to the Brooklyn Center Housing Commission. The motion passed unanimously. JOINT PUBLIC HEARING The City Manager explained the HRG, a joint powers group which oversees recycling and like concerns, has met and determined a study should be done concerning the worthiness of considering a joint contract for refuse pick -up. Due to state law, it is necessary for a public hearing to be held for approval to even do the study. A public hearing is proposed for . 4/10/95 -5 - i Wednesday, May 24, 1995, at 7 p.m., at the Crystal Community Center, to fulfill this requirement. He asked the Council to confirm the date for the hearing. Approval of • involvement in the public hearing to approve a study does not obligate Brooklyn Center to the program in any way. Mayor Kragness asked whether this is the first time a public hearing has been held regarding the joint issues. The City Manager stated the law requiring public hearings was not in effect until now. However, Brooklyn Center did hold a public hearing prior to entering the program. Councilmember Mann noted one public hearing serving all three cities involved is the most feasible method of meeting the requirement. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to call for a joint public hearing on May 24, 1995 at 7 p.m. with the cities of Crystal and New Hope regarding organized collection of refuse, recyclables, yard waste, and other solid waste. The motion passed unanimously. LEGISLATIVE UPDATE The City Manager indicated there has not been much legislative action since he last reported to the Council on the status. A tax freeze bill has passed in the State Senate but it is unknown whether, or when, it will pass the House and be signed by the governor. Final action will probably not be taken until late in the session. There is a bill being considered which would assist cities in tearing down apartment buildings and the City of Brooklyn Center might be eligible for such a program if the bill is passed. The City Manager invited members of the • Council to approach him with questions regarding status of legislation as time goes on. IMPROVEMENT PROJECT NO. 1995 -11 The City Manager explained a few years ago it was discovered some sections of sanitary sewer here installed with a corrugated metal pipe. A major portion of this pipe needs to be replaced. The Director of Public Services introduced a new staff member in the position of City Engineer, Scott Brink. The Director of Public Services indicated this is a major project. There is no imminent danger posed by the pipe but it is prudent to address the issue because a major main is involved which carries a great amount of sanitary sewer flow and therefore a problem could escalate quickly. Also, in the southerly portion, a pipe failure could be catastrophic because the main goes along side lot lines in neighborhoods. The Director of Public Services stated Staff recommends the pipe not be replaced, but rather be re -lined in its place at an estimated cost of $1.1 million. A replacement of the pipe by traditional methods would result in a cost of approximately $2.1 million, so the proposed method is more cost - effective. The project, as proposed, could be accomplished in about ten working days and would cause minimal inconvenience to residents. A property would lose sanitary sewer 4/10/95 -6- service for approximately nine hours in one day only. Funding for the project would be through • sanitary sewer utility fund revenue bonds later this year. Councilmember Mann asked how long a resident might be without service if the traditional replacement method were used. The Director of Public Services said service would be lost for more than nine hours and, in addition, there would be large trenches, open streets, and yards would be dug up using the traditional method. Councilmember Mann asked whether the proposed process was used on the 69th Avenue North project. The Director of Public Services said the process was used on Brooklyn Boulevard with no problems. Mayor Kragness asked whether re- lining the pipes is an established system. The City Manager stated re- lining is a new, but proven, technology. He explained the process of re- lining in more detail. Councilmember Hilstrom asked when the project would commence, if approved. The Director of Public Services said the work would begin in late spring or early summer of this year. Mayor Kragness asked whether the re- lining process is a temporary solution to the problem. The City Manager said re- lining is a permanent solution as the lining material is similar to fiberglass and is even stronger than the original pipe. • Councilmember Hilstrom asked about the life expectancy of the lining material. The City Manager said the life expectancy is equal to or surpasses that of any other material. Councilmember Carmody stated it is very unpleasant to cope with sewer back -up. RESOLUTION NO. 95 -102 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT FOR CORRUGATED METAL PIPE SANITARY SEWER TRUNK RELINING, IMPROVEMENT PROJECT NO. 1995 -11, CONTRACT 1995 -E The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. IMPROVEMENT PROJECT NO. 1995 -13 The City Manager noted a majority vote could not be accomplished in regard to this project at the last Council meeting due to a tie vote. With an even number of councilmembers present at this meeting, the same situation exists unless an individual has reconsidered and changes her vote. 4/10/95 -7- The Director of Public Services reviewed the details of the project. The project would not be • scheduled on the street improvement program during the next eight to ten years. However, the accomplishment of the project now would facilitate the Park and Ride. Street alignment would P J P g soften curves. She noted there is an issue of whether the eight residential properties and two non - residential properties should be assessed. There are many determining factors and it is difficult to show an overall benefit to the properties due to the improvement. She further discussed funding without the assessment, including funding through the MCTO. She said it is Staff s recommendation the properties not be assessed for the project. Councilmember Mann commented an earlier version of this project was not approved by the previous Council. A new design was then approved unanimously. The project, as it stands, creates a park, eliminates non - conformity of buildings, and begins the redevelopment of Brooklyn Boulevard project. The project is not a detriment to the properties. Assessment of the properties is a "must" in response to state laws. Councilmember Carmody stated she has reviewed and reconsidered the project since the last vote, in which she voted in favor of the properties being assessed. She said her opinion now is that the Park and Ride is not an asset to the three properties across the street from it and there is no additional need for assessment of the properties. She said she will, therefore, be changing her vote on the issue. RESOLUTION NO. 95 -103 • Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, RECEIVING ENGINEER'S FEASIBILITY REPORT, AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NO. 1994 -13, 65TH AVENUE REALIGNMENT, BROOKLYN BOULEVARD TO INDIANA AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody. Roll call vote: Mayor Kragness, aye; Councilmember Hilstrom, aye; Councilmember Carmody, aye; Councilmember Mann, nay. The motion carried. IMPROVEMENT PROJECT NOS. 1995 -07 0$ AND 09 The City Manager explained Staff would be providing information in follow -up to the recent public hearing on the project. The Director of Public Services stated some roadway design options, such as chokers and street alignment, have been presented to the residents of the neighborhood and their comments are forthcoming. 4/10/95 - 8 - The Director of Public Services asked the Council to authorize Staff to work with Brooklyn Park . to set up a joint powers agreement regarding the ponding issue. The matter is being brought before the Brooklyn Park Council during its meeting this evening. If both councils approve the effort, details will be presented at a later date. The Director of Public Services noted plans and specifications for the project are ready for approval. Staff proposes advertising for bids on the project and opening them on Thursday, May 11, 1995, with construction to begin June 1, 1995. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to authorize Staff to negotiate an agreement with the City of Brooklyn Park to work together on arrangements for a pond. The motion passed unanimously. Councilmember Hilstrom asked whether there are any recent changes to the roadway design and also asked about sidewalk improvements. The Director of Public Services said the plan is as it sits and these are only alignment changes. She said sidewalks will be straightened in a few places where necessary. Consideration will be given to removing trees where the sidewalk curves around them. RESOLUTION NO. 95 -104 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 1995 -07, 08, AND 09, WOODBINE NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS The motion for the adoption of the furegoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. PROGRESS REPORT ON POTENTIAL BOND ISSUE The Director of Public Services stated a Request for Proposals (RFP) for architectural services has been sent and the responses are due at the end of April, with the contract to be awarded on May 22, 1995. The Director of Public Services also stated Decision Resources has begun to draft questions for the opinion survey. The questions may be ready for review at the next Council meeting. She reviewed the purpose of the opinion survey in the context of a bond issue. The Director of Public Services indicated no applications were received to advertisements for bond issue task force members. There may not be enough interest because it is early in the process. She commented Council could consider establishing a commission formally and appointing members to it to get it started. After the completion of initial work, more advertising could be done to obtain committee members. She suggested July 15 as a report date for a task force. She also reviewed the timeline for the campaign and commented there is much work to 4/10/95 -9- be done. The Council needs to discuss the direction of the task force or readvertise for members. Councilmember Mann noted Council needs to decide how many members are desired for the task force, then readvertise. She said it may not be clear from the advertisements just what is desired in a task force member. The Director of Public Services noted the task force charge was written in general terms. Mayor Kragness said practical people are needed for the task force in order to pin down practicalities for the bond issue. Councilmember Hilstrom suggested recruiting one task force committee member from each City neighborhood and one from each City commission. Mayor Kragness said such an effort would be a good beginning for the committee. Councilmember Carmody agreed and noted there should definitely be representatives of City commissions on the task force. Mayor Kragness recommended a letter be sent to chairs of the committees to request appointment of representatives. Councilmember Mann noted that would be 11 committee members. She suggested adding two business representatives, making a total of 13. She asked what number would be manageable for such a committee. Councilmember Carmody suggested separating out representatives into four groups. The Director of Public Services indicated two sub - groups would be more manageable. Councilmember Kalligher arrived at 7:49 p.m. Councilmember Hilstrom recommended there be two subgroups of 7, for a total of 14 members. Councilmember Mann agreed. The Council determined the blank in Subdivision 4 of the proposed resolution should be filled with July 15, 1995, and the blank in Subdivision 5 should be completed with the number fourteen. RESOLUTION NO. 95 -105 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE COMMUNITY IMPROVEMENT TASK FORCE AND DEFINING DUTIES AND RESPONSIBILITIES The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. 4/10/95 - 10- AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING • SECONDHAND GOODS DEALERS AND PAWNBROKERS The City Manager noted the proposed amendment is intended to update the ordinance to make the licensing process regarding secondhand goods dealers and pawnbrokers more responsible by using video evidence. Mayor Kragness opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding Secondhand Goods Dealers and Pawnbrokers at 7:51 p.m. She inquired if there was anyone present who wished to address the Council. No one came forward. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to close the public hearing at 7:52 p.m. The motion passed unanimously. ORDINANCE NO. 95 -03 Member Kristen Mann introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING SECONDHAND GOODS DEALERS AND PAWNBROKERS The motion for the adoption of the foregoing ordinance was duly seconded by member Debra • Hilstrom, and the motion passed unanimously. RECOMMENDATION OF SELECTION OF A PUBLIC RELATIONS FOR THE COMMUNITY IMAGE CAMPAIGN The City Manager noted the task force in this matter has interviewed public relations firms and recommends hiring of the firm of Mona Meyer McGrath & Gavin. He stated representatives of the task force are available at this meeting to present the recommendation. The Communications Coordinator indicated the task force chair, Bernie Gaffney, is present to discuss the choice. Mayor Kragness asked whether the recommended firm is currently under contract with Brooklyn Center in any capacity. The Communications Coordinator said there is no contract with this firm. She stated proposals were received from five public relations firms and the use of the point system resulted in a clear split. Two firms were interviewed. Mona Meyer McGrath & Gavin was chosen due to its experience in the area of media relations. The main criteria selected by the committee had been media relations experience and dollar value. Mayor Kragness commented the firm has a good background. The Communications Coordinator confirmed the firm is the third largest in the United States. • 4/10/95 Joe Noonan, a resident and commercial property owner, expressed concern over the public relations campaign. He said the City needs to re- evaluate its goals. A marketing campaign will not overcome existing problems. He said other rebounding communities accomplished the • revitalization without expending money in this way. A city is a function of its government. He said the Council fails to recognize underlying problems and the City government is hostile to the business community. He indicated the real issue is the need to build from within rather than spend money to cure problems. The commercial base needs to be re- built. Mayor Kragness commented businesses have been invited to get involved in a task force but cannot be forced to do so. Mr. Noonan stated residents are all concerned with property value. There is a disproportionate tax base due to incorrect spending. Councilmember Hilstrom noted community nights are planned in the future which will give residents the opportunity to make suggestions regarding the community. She also asked where funding would come from to implement the ideas which result from the community nights. Mr. Gaffney indicated that, at the suggestion of the public relations firm, the campaign will include a fund - raising program to solicit donations from businesses. These funds would be used to continue the campaign. He pointed out the public relations firm is only a small part of the image campaign, but is vital to secure immediate positive media attention. Mayor Kragness commented the public relations firm will base its presentation of the City on fact rather than fantasy. • Councilmember Hilstrom asked hov long the public relations firm will be involved in the campaign and whether it will work to expand on issues which emerge from the community night program. Mr. Gaffney stated the contract with the public relations firm will run through 1995 and it will begin contacting businesses immediately. Councilmember Hilstrom asked when the community nights will be held. Mr. Gaffney said that community nights will be held the fourth Wednesday in October. Councilmember Carmody stated, in response to Mr. Noonan's comments, businesses were not asked by the City to initiate the campaign. Rather, the initial idea for the campaign came from the Chamber of Commerce. Mr. Noonan expressed the idea the Council had set an agenda and then asked residents to help it accomplish its purposes. Councilmember Carmody said the program is already going on. She indicated many meetings of various committees are taking place. Councilmember Kalligher confirmed this statement and indicated Mr. Noonan might not be aware of everything going on because he hasn't been present at every meeting. Councilmember Kalligher reiterated the Chamber of Commerce and businesses are responsible for the campaign, and the City is only providing representatives to give input. She stated Mr. Noonan would be welcome to join the campaign task force. t 4/10/95 - 12- Mr. Noonan said he is not interested in joining the task force, but there is a need for comparing the negative things going on to the positive things going on. Councilmember Kalligher stated the purpose of the Council is to make policy, not to hear negative commentary. She suggested Mr. Noonan contact the Chamber of Commerce with his concerns. Mayor Kragness agreed and • said Mr. Noonan might attend a meeting of the Chamber of Commerce. Mr. Noonan commented he is not trying to be negative toward the businesses which have been involved in the campaign. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve the selection of the firm of Mona Meyer McGrath & Gavin as the public relations firm for the Community Image Campaign. The motion passed unanimously. IMPROVEMENT PROJECT NO. 1994 -25 The Director of Public Services explained this project is to reconstruct two pedestrian bridges in City parks. She stated the repairs are rated Priority Two which means they are not labeled as needing immediate repairs. The bridge at County Road 10 over Shingle Creek has deteriorating decking and a decking grade which is too steep for wheelchairs to maneuver. She noted it is the only pedestrian bridge in the area. The bridge in Garden City Park over Shingle Creek is sinking due to erosion. The proposal is to replace the abutments to the bridge and make adaptations to make it lighter. The Director of Public Services noted earlier bids on the project were rejected and new bids, though higher than the original estimate, are lower than those which were rejected. • Councilmember Hilstrom asked how long it would take to complete the project. The Director of Public Services said it will take approximately three to four weeks. Councilmember Hilstrom commented since the repairs do not constitute a life - threatening emergency, the project could be tabled until more is known regarding legislative budget cuts. Tine Director of Public Services said funding for the project would be through the Capital Improvements fund, which is not affected by the cuts. Councilmember Kalligher agreed the project could be postponed until Fall 1995 as the bridges remain usable. There was a motion by Councilmember Hilstrom and seconded by Councilmember Kalligher to reject bids and table the matter of Improvement Project No. 199425 until the Council's second meeting in July 1995. The Director of Public Services commented one of the bridge repairs is proposed to resolve an issue which falls under the Americans With Disabilities Act (ADA). If the City postpones the repair, it could be requested, through legal action, at any time to make immediate repairs. Councilmember Kalligher stated the project should be postponed until there is certainty regarding pending budget cuts. • 4/10/95 - 13 - The City Manager commented postponing the project could result in increased costs to complete the project. He also noted there are timing issues to be considered. Waiting until winter or spring might be advisable. Mayor Kragness asked whether the ADA can r uire a time limit. The • City Manager indicated the law is obscure and there is no clear and present danger regarding the bridge. The only complaints received to date have been informal. He believed there would no major problems with the Council postponing repairs due to an unknown financial situation. Councilmember Mann expressed concern there could be a formal complaint because the bridge is a problem for wheelchair users. The City Manager said he did not think there would be an ADA problem if the City is prepared to respond to a formal complaint should it occur. The motion passed unanimously. IMPROjIEMENT PROJECT NO. 1994 -32 The City Manager explained new work stations and chairs have been purchased for City offices, in part to achieve an ergonomically correct workplace. Several small remodelling projects are necessary to reorganize departments to accommodate the new furnishings. The Director of Public Services reviewed the history of the City Hall remodelling project, including the need for the new furnishings and for the project. In November 1994, the project was scaled back considerably. The proposals for the project total just under $25,000. The project includes work in various departments on the main floor of City Hall, such as the removal of counters and walls and adding offices, minor work in the Police Department offices, and minor work in the Community Center. • Councilmember Mann asked whether the new work stations could be fit in without remodelling. The Director of Public Services said some of the furniture would not fit and, as it has been ordered, would have to be placed in storage until redesigning was done and possibly re- ordering was accomplished. Councilmember Mann noted the remodelling is very minor. She asked if it would be funded through the Capital Improvements Fund. The Director of Public Services confirmed the funding would come from Capital Improvements. She stated the total cost, including paint and electrical work, might be $30,000. The total project is coming in below the original estimate of $440,000, which is primarily work stations cost but includes $50,000 for remodelling. Councilmember Mann asked whether those employees who had ergonomics - related health problems will be the first to have new work stations installed. The Director of Public Services said they would, and added any immediate changes possible such as chairs had been made when the problems were discovered. She added there have been claims totaling $16,000 in Workers' Compensation claims due to incorrect ergonomic situations. The Occupational Safety and Health Administration (OSHA) is in the process of formulating regulations for employers to remove the risk of ergonomic - related health problems. Councilmember Hilstrom commented some of the remodelling changes did not relate to the ergonomics concerns. She asked if the remodelling could be split. The Director of Public • 4/10/95 - 14- Services said the intention of the project was not only to provide space for the ergonomic work stations, but also to provide better utilization of space at a relatively small cast. Councilmember Mann noted the cost of the project is minimal and justified by its worth. She asked whether the word "interim" could be removed from the resolution language. The Director of Public Services said the word "interim" is necessary in the context in order to distinguish this project from the larger building and remodelling project proposed. Councilmember Hilstrom asked how these proposed remodelling changes will be affected if a bond issue is successful. The Director of Public Services said if the bond issue is successful and included a major addition to City Hall to house the Police Department, then this portion of the remodelling would be lost, as City Hall would essentially be gutted and new office lines drawn. However, the bulk of the expenditures which is the work stations is totally reusable. RESOLUTION NO. 95 -106 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSALS AND AWARDING CONTRACTS, IMPROVEMENT PROJECT NO. 1994 -32, INTERIM CITY HALL REMODELLING The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody. Roll call vote: Councilmember Hilstrom, nay; Councilmember Kalligher, nay; Mayor Kragness, aye; Councilmember Mann, aye; Councilmember Carmody, aye. The motion carried. ADJOURNMENT There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned to Executive Session at 8:43 p.m. Deputy City Clerk Mayor Recorded and transcribed by: Barbara Collman Timesaver Off Site Secretarial 4/10/95 - 15 - Council Meeting Date April 24, 1995 City of Brooklyn Center Agenda Item Number fD Request For Council Consideration Item Description: Resolution Authorizing Execution of An Agreement for Operation and Management of the Five Cities Senior Transportation Project Department Approval: Gerald G. Splinte ity Manager Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Pass Resolution Authorizing Execution of an Agreement for Operation and Management of the Five Cities Senior Transportation Project. • Summary Explanation: (supporting documentation attached Yes ) The Five Cities Senior Transportation Project was developed in November 1985 to assist the older adult population of Brooklyn Center, Crystal, New Hope, Golden Valley, and Robbinsdale in overcoming transportation barriers to services and activities. The Five Cities Senior Transportation Program provides transportation from apartments and individuals' homes to City sponsored activities, social service programs, senior dining, grocery stores, shopping centers, and other special events. Attached is An Agreement for Operation and Management of the Five Cities Senior Transportation Project. The Cities of Crystal, New Hope, Golden Valley, and Robbinsdale have authorized execution of the Five Cities Senior Transportation Agreement. It is requested the City of Brooklyn Center also authorize execution of this agreement. The City of Brooklyn Center has allocated $11,010 in the 1995 budget for senior transportation services. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR OPERATION AND MANAGEMENT OF THE FIVE CITIES SENIOR TRANSPORTATION PROJECT WHEREAS, the City of Brooklyn Center has allocated $11,010 in the 1995 budget, 1823 -4400, for senior transportation services; and WHEREAS, the Five Cities Senior Transportation Project is a project jointly agreed to by and between the municipal corporations of Robbinsdale, Crystal, Golden Valley, New Hope, and Brooklyn Center; and WHEREAS, the City of Brooklyn Center is desirous of renewing an agreement for the provision of senior transportation services by the Five Cities Senior Transportation Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: • 1. The Council has reviewed the Agreement for Operation and Management of the Five Cities Senior Transportation Project and finds that execution of the agreement is in the best interest of the City of Brooklyn Center. 2. The City Manager is authorized and directed to execute the agreement on behalf of the City. 3. The City Manager is directed to transmit an executed copy of the agreement to the Five Cities Senior Transportation Project. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. AGREEMENT FOR OPERATION AND MANAGEMENT • OF THE FIVE CITIES SENIOR TRANSPORTATION PROJECT THIS AGREEMENT, made this 15th day of April, 1995, between the Five Cities Senior Transportation Project, a project jointly agreed to by and between the municipal corporations of Robbins - dale, Crystal, Golden Valley, New Hope and Brooklyn Center (hereafter referred to as the Cities), and National School Bus Service, Inc. - AKA National Division, a Delaware corporation (hereafter referred to as the Company). WHEREAS, the Cities desire to use the services of the Company in the operation and management of the Cities' special public trans- portation service for seniors; and WHEREAS, the Cities agree to compensate the Company for services provided in accordance with the rate schedule (see attached); and WHEREAS, the Company is willing to undertake operation and man- agement of the Cities' special public transportation service for Seniors.. THEREFORE, in consideration of these premises and of the follow- ' ing terms and conditions, the parties agree as follows: 1. GENERAL DESCRIPTION. The services to be performed by the Company consist of the complete operation and management of the Cities' special public transportation service for Seniors in full accordance with: (1) this Agreement; and (2) any written instructions from the Cities. In the event of apparent incon- sistency, lack of clarity or failure to address pertinent issues in these documents, written instructions from the Cities will prevail. 1 In the operation of the transit system pursuant to this • Agreement, the Company will acquaint itself with and comply with all applicable State and Federal regulations and statutes, local ordinances, and instructions and policies of the Cities. 2. TRANSIT AREA. The transit area is defined as the area consisting of the corporate limits of the Cities and other spe- cial destinations designated by the Cities. 3. SERVICE. The Company shall provide the full and complete management and operation services reasonably required for the conduct and operation of public transportation facilities provid- ing public transportation of passengers for hire within the transit area according to routes, schedules and fares designated from time to time by the Cities and the Company. It is recog- nized and mutually agreed that actual transit services shall not • begin under this agreement until May 1, 1995, and shall run continuously through April 30, 1996. Public transportation service shall be available for the transportation of eligible senior citizens regardless of race, creed, color, national origin, or sex. 4. MANAGEMENT. The Company shall provide all supervisory and managerial services as are usual and customary for sound and efficient operation of a system of public transportation of persons for hire and to provide the service to be provided here- under. 5. PERSONNEL. The Company shall furnish qualified and properly licensed operators necessary for the safe operation of • 2 buses used in providing services; for the efficient and economi- cal operation, supervision and maintenance of service, including, but not limited to supervising, mechanical, scheduling, purchas- ing, dispatching, inspecting, repairing and cleaning. It is specifically nderstood that all personnel furnished Y P by the Company in connection with the performance of service shall be and remain the employees of the Company and shall not be the employees of the Cities. Any and all claims that may arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims by any third parties as a consequence of any act or omission on the part of said Company employees while so engaged in any of the services to be rendered under this contract by the Company shall in no way e the obligation bligation or responsibility of the Cities. The • Company shall pay all wages, salaries, fringe benefits, social security taxes and unemployment compensation contributions re- quired of the Company by law. The Company shall be considered an independent contractor as that term is used and applied under the State laws of the State of Minnesota. 6. OWNERSHIP. All equipment, buses, fuel, materials and supplies reasonably necessary for the operation of the transit system shall be furnished by the Company and shall remain the property of the Company. 7. OPERATIONS AND EQUIPMENT MAINTENANCE The Company shall operate and maintain buses and related equipment in compliance with instructions of the Cities and all lawful orders, rules and • 3 regulations of properly constituted authorites govenring the • operation thereof and in a manner suitable for furnishing effi- cient service. The Company shall provide regular interior and exterior cleaning of all transit vehicles as needed or required b the Cities. The Company an shall Y provide inspection o a p y p p f 11 vehicles necessary and suitable for their repair and maintenance and for the comfort, convenience and safety of passengers, in- cluding preventive maintenance as provided in the suggested preventive maintenance guidelines or manuals promulgated by the equipment manufacturers. The Company shall maintain records for each vehicle used to provide transit service in the transit area as defined in Para- graph 2 of this Agreement which records shall accurately show dates of service, mileage and all other items or costs as re- • quired by the Cities. Said records shall be subject to audit. 8. OFFICE AND SERVICE AREA. The Company shall furnish the office space, furniture, equipment and utilities reasonably required to properly and efficiently perform the management services hereunder including storage for all parts, equipment and supplies reasonably necessary for the operation of the transpor- tation service for Seniors. 9. REVENUES. All revenues derived from the operation of the service whether from passengers or from other sources, shall be thoroughly and accurately accounted for by vehicle showing the date, type and kind of service from which said revenue is de- rived. All accounting shall be in accordance with generally • 4 accepted accounting principles. 10. COLLECTION OF REVENUES. The Company on behalf of the Cities shall receive, collect and deposit all the aforesaid revenues from the transit operations in the manner directed by the Cities, and the Company shall keep and maintain the books and records reflecting the operation of the public transit system in conformance with the requirements of and at the direction of the Cities and shall render and certify to the Cities such full and complete monthly and other operating reports and financial state- ments as the Cities shall request. All money due and payable on behalf of the Cities in connection with the Company's operation of the service shall be paid in such manner as the Cities shall direct. 11._ BUDGETS, ROUTES SCHEDULES FARES The Company shall prepare the necessary budgets and projections as are required by the Cities and shall furnish periodic reports and recommendations to the Cities relating to service extensions, route planning and service policies and either prepare or assist the Cities in their relations with other government bodies or agencies as required by the Cities. The Cities has authority to establish and determine routes and schedules of service for the transit area and the authority to fix and alter fares and any other charges to be collected in connection with the operation of the transit serv- ice; and the Company shall make periodic recommendations as to the rates of fares required and any deletions, additions or changes in the service, routing or scheduling of the service. 5 The Cities shall have the authority to determine eligibility of Seniors for use of the service, and what shall constitute suffi- cient proof of eligibility. 12. INSURANCE CLAIMS. Whatever bodily injury, personal injury or property damage tort liability may be incurred in connection with or arise out of the operation of the service by the Company, it is hereby understood that all the costs and expenses thereof including any and all liability of the Company, its agents, servants, or employees shall be solely and wholly the responsibility of the Company. The Cities shall be saved harm- less from any and all claims or liability arising out of the operation of the Cities' service. The Company shall provide and keep in force, and furnish evidence of, a contract or contracts of insurance with a reliable insurance company or with reliable insurance companies authorized to do business in the state of Minnesota by which contracts both the Company and the Cities are insured against any claim, demand or loss for injury to persons or damage to property resulting from, growing out of or persons or damage to property resulting from, growing out of or connected with the management, supervi- sion and operation of said transit system or its appurtenant facilities or either of them or any act or omissions to act by the Company or any of the Company's employees. Contracts of insurance shall provide comprehensive vehicle liability insurance which includes Bodily Injury and Property Damage with combined single limits of at least $600,000 in amounts not less than 6 $200,000 per person and $500,000 per occurrence for bodily in- • jury, and $100,000 per occurrence for property damage. This obligation shall not require the Company to furnish insurance against injury to persons or damage to property caused by the negligence of the joint Powers Cities or its employees. In addition to the above specified forms of insurance cover- age to be in effect during the term of this Agreement with the Cities, the Company shall obtain any other insurance coverage which is customarily maintained by the transit industry with respect to similar transit operations. All insurance policies shall by their terms or by specific endorsement designate the Cities and the Company as co- insureds. The Company shall provide the Cities with all appropriate certif- icates of insurance upon request. The Cities shall be granted prior notice of actual or pending insurance cancellations. • 13. CONSIDERATION. The Company shall submit invoices for payment of eligible costs associated with the Cities' transporta- tion system to the Cities on a monthly basis in the format pre- scribed by the Cities. The Cities will in turn examine and ap- prove such requests. 14. AUDIT. The collection of revenues under Paragraph 10 of this Agreement and reimbursement of expenses under Paragraph 13 of this Agreement shall be subject to independent outside audit by the Cities or its representatives; the records, books, docu- ments, and accounting procedures and practices of the Company relating to this Agreement shall be subject to audit and examina- • 7 ation by the Cities or its representatives and the legislative auditor or the State Auditor at any time during working hours. • 15. EMPLOYEE RELATIONS. The Company shall not be excused from performance of this Agreement if by determination of any qualified governmental agency, either federal or State, the Company is found to have violated any law, rule or regulation of any governmental agency relative to the Company's treatment of its employees. 16. DEFAULT. Should the Company abandon, delay unnecessarily in the performance of, or in any manner refuse or fail to comply with the specification or instructions of the Cities relative thereto the Company shall have three (3) s after receiving written notice of default to comply with said specifications or instructions. The Company may petition the Cities and show cause for such • delay, abandonment, refusal or neglect to comply with this Agree- ment. However, should the cause not be satisfactory in the Cities' sole judgement, the Cities may declare a default and terminate this Agreement by seven (7) days written notice. In the event of termination due to default by the Company, the Cities shall not be precluded from claiming actual damages to which it may be entitled in law or in equity or at its sole option submitting any default to arbitration pursuant to the uniform arbitration act, Minnesota Statutes 572. 17. ASSIGNMENT. The Assignment of this Agreement or any part thereof may not be done by the Company without prior written consent of the Cities. • 8 18. ARBITRATION. In the event of any disagreement between the parties or any person claiming under them in relation to this ® Agreement, such disagreement shall be resolved under and pursuant to the Uniform Arbitration Act, Minnesota Statutes, Chapter 572. 19. EQUAL EMPLOYMENT OPPORTUNITY In connection with the execution of this Agreement, the Company agrees that it shall not discriminate against any employee or applicant for employment because of race, color, age, creed, sex or national origin. The Company will take affirmative actions to insure that applicants are employed, and that employees are treated during employment, without regard to race, color, age, creed, sex or national ori- gin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; re- cruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selections for training, including apprenticeship. 20. PROHIBITED INTERESTS. The Company agrees that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. The Company further agrees that in the performance of the Agreement no person having any such interest shall be employed by it. It is under- stood that the Company shall be deemed to have fiduciary rela- tionship with the Cities which shall be observed in any transac tions or contracts that the Company may enter into with third parties. • 9 21. SERVICES. Services performed by the Company, under • this Agreement shall be performed in a diligent and competent manner and their performance shall be subject to review and inspection at all reasonable times. Upon receiving written notice of unsatisfactory service the Company shall immediately comply with performance requirements. A financial penalty may be imposed on the Company if service continues to be unsatisfactory. 22. INDEMNITY. The Company agrees to indemnify and save harmless the Cities from and against all claims or demand of every nature on account of injury to or resulting in any manner from any -acts or omissions of the Company, its subcontractors or its agents or employees, in performing or failing to perform any of the service, duties or operations to be performed by the Company, and any subcontractor, under this Agreement. ® 23. TITLE VI ASSURANCE. The Company HEREBY AGREES THAT it will comply with Title VI of the Civil rights Act of 1964 (P.L. 88 -352) and all requirements imposed by the U.S. Department of Transportation, to the end that, in accordance with Title VI of the Act, no person in the United States shall, on the ground of race, color, age, creed, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any - program or activity for which the Cities receives federal financial assistance from the Department under Federal Urban Mass Transportation Programs; and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this Agreement. This shall not prevent the Company from confining service to Senior Citizens the Cities • 10 have determined to be eligible for the service. • 24. NON - WAIVER. The failure of the Cities at any time to insist upon a strict performance of any of the terms, conditions and covenants herein shall not be deemed a waiver of any subse- quent breach or default in the terms, conditions and covenants herein contained. 25. ADDENDUM. 1, 2 3 and 4. 26. DURATION. This Agreement shall be effective from May 1, 1995 through April 30, 1996. City of Robbinsdale: National Bus Company: i BY: J L4 4 1 - , .. BY: ITS: ITS• BY: DATED • WITNESS City of Golden Valley: City of Crystal: BY: BY: ITS: ITS: BY: BY: ITS: ITS: • 11 City o, New op : City of Brooklyn Center: ( • BY : BY: ITS: C1 ITS: BY: BY: ITS: ITS: DATED: • 12 l_ HOURLY RATE 0 - 8 Passenger (with or without lift) . . . . . . $24.50 9 - 25 Passenger (with or without lift) . . . . . . $30.50 26 - 50 Passenger (with or without lift) . . . . . $48.50 *PEAK HOURS: 6:00 -9:00 a.m. 3:30 -6:00 p.m. OFF PEAK: 9:00 a.m. -3:30 p.m. *There is no additional charge for peak use. If the Cities' schedules overlap too frequently into peak hours, National will inform the coordinator and schedules will be changed accordingly. *Prices are based on first pick -up to final drop -off. *Prices are based on the number of passengers carried, not the size of vehicle used. Addendum #1 • 13 National-Bus Company shall comply with the following: • 1) All individuals riding in a wheelchair will be offered a seatbelt; 2) Magnetic signs and the bus roller will identify all vehicles used for the Five Cities Senior Transportation Project; 3) Collection envelope will be clearly marked to identify the Five Cities Senior Transportation Project; 4) A footstool will be available on all vehicles and of- fered to all passengers; 5) Drivers will assist passengers on and off the vehicles by following the Policy for National Drivers Assistance (See Addendum #4.) 6) The Five Cities Transportation Coordinator will meet with drivers and administrative staff at least three times per year. 7) - A small pool of National drivers will be used for the Five Cities Senior Transportation Project routes; 8) National dispatch office will call the Five Cities' office at 4:00 p.m. the day before each trip and at 8:30 a.m. on the day of the trip for numbers of passengers and home pick -up • addresses. 9) Drivers will assist passengers with groceries. Passen- gers are asked to purchase only what they can handle on their own. If passengers purchase an excessive amount of groceries, National will notify the coordinator who will contact the passen- ger. Addendum #2 • 14 SURCHARGE • National may add a fuel surcharge to the Five Cities monthly charges if fuel prices rise 10% above the average cost per gallon as indicated by the I.C.C. Fuel index. The Interstate Commerce Commission Fuel Index will be used to determine the percent of the surcharge. The Five Cities Transportation Project's coordinator must be notified. in writing by a representative of the National Bus Company if the surcharge is being considered. The Executive Committee of the Five Cities Transportation Pro'ect must author- hor _ J ize the surcharge before it is paid. Addendum #3 15 FIVE CITIES SENIOR TRANSPORTATION PROJECT POLICY FOR NATIONAL DRIVERS ASSISTANCE (Passengers boarding and exiting the vehicle.) 1. Passengers who want assistance when boarding /exiting a Five Cities bus will wait until the driver has exited the bus and is standing on the ground by the bus door. It is the decision of the passenger to determine if he /she needs assistance. 2. National Bus Company will post a sign in the triangular window to passenger's right of the entry door stating: NEED ASSISTANCE? Please WAIT for the driver to help you board or exit the bus. 3. The Five Cities office clerk who phones new riders for statistical and data privacy information will give new riders information about the driver assistance policy and remind them that when help is needed to wait for assistance from the driver. 4. Monthly Five Cities schedules will note the drivers assistance policy as follows: "If you want driver assistance boarding or exiting the bus, wait until the bus has stopped and the driver is out of the bus and standing by the door." (You may need to allow other riders to board or exit before you receive assistance.) 5. If, in the judgement of the driver, a passenger is in obvious need of assistance, help will be given without a direct request. 6. On days that are icy or snowy, drivers will use their own judgement and be available to help all riders boarding or exiting the vehicle. Addendum #4 16 Council Meeting Date 4/24/95 3 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration • Item Description: Resolution Approving Negotiated Agreement and Authorizing the Purchase of Property for a Storm Water Pond Department Approval: Diane Spector, Director Public Se c Manager's Review /Recommendation: Idge No comments to supplement this report Comments below /attached Recommended City Council Action: Consider the resolution approving the negotiated agreement and authorizing the purchasd of property for a storm water pond for the Woodbine Neighborhood project, Improvement Project No. 1995 -08. Summary Explanation: (supporting documentation attached Yes ) Staff has negotiated a purchase agreement for property to be used for the south storm water retention pond for the Woodbine Neighborhood project, Improvement Project No. 1995 -08. This property is a landlocked vacant lot just east of the Edina Realty building at 7100 Brooklyn Boulevard. The lot, which is shown on Figure 1, is just to the southwest of the project area. We have been working with BRW, Inc., the consultant who is developing the RFP for the redevelopment area to the south of the street and utility improvement project, and who are preparing the preliminary design for the Brooklyn Boulevard improvement project, to evaluate storm water options. BRW was asked to determine if the proposed south pond would be the most cost - effective means of providing for storm water retention and treatment for the southerly part of the Woodbine project area, or if it might make more sense to piggyback onto the redevelopment area, which will also require ponding. BRW's analysis showed that it is most cost effective to deal with the neighborhood storm water through the proposed south pond, primarily due to the cost of land in the redevelopment area. We are still exploring ponding options for the redevelopment area/Brooklyn Boulevard project, but are unable to make any recommendations until a firm redevelopment proposal is on the table. The purchase price negotiated with Mr. Dave Nelson, owner of the property in question, is $70,000. While the City Assessor has this lot valued at $50,000, we believe the negotiated price is fair, especially in light of our experiences with condemnation commissioners awards for similar parcels. We included in the Engineer's Estimate $50,000 for property acquisition. We expect that the project cost as bid will be less than the estimate, sufficient to accommodate the additional property acquisition cost without increased project cost. • If the purchase of this property is approved, we expect to close on the property by mid to late May, so that the area is available when construction begins around June 1. In the meantime, the current owner has given the City permission to enter the property for survey work, etc. l�l � �: �.� `.� � 'iti � � � � � � �� � ,, ♦ r � � 11!1 � �,,, � . � �i� � . ► � � � _ �. 1��: ����� � 1 � '� t�1► ,. �� � _ .. �- . �- � .. .. , � 0 � s �i�� :• iii s s. i � = i • � � . _ ♦ � • s � .. � �� . � i • � s Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION APPROVING NEGOTIATED AGREEMENT AND AUTHORIZING THE P U RC HASE OF PROPERTY FOR A STORM WATER POND WHEREAS, by Resolution No. 95 -53 adopted on February 13, 1995, the City Council ordered Improvement Project No. 1995 -08, Woodbine Neighborhood Storm Drainage Improvements, in conjunction with other street and utility improvements; and WHEREAS, said storm drainage improvements include the construction of a storm water detention and treatment pond to serve the southerly portion of the "Woodbine Neighborhood "; and WHEREAS, the Engineer's Estimate of the project cost included $50,000 for purchase of property on which to construct said pond; and WHEREAS, the owner of the property legally known as Lot 2 Block 1 7100 CORPORATE PLAZA 2ND ADDITION has agreed to sell to the City a .57 acre lot to be used for a storm water detention and treatment pond, at a purchase price of $70,000; and WHEREAS, staff advise the Council that said negotiated price is fair and reasonable compensation. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The terms of the purchase agreement are hereby approved. 2. The City Attorney is authorized and directed to proceed with arrangements for the purchase of Lot 2 Block 17100 CORPORATE PLAZA 2ND ADDITION for the purpose of a storm water detention and treatment pond. 3. All property acquisition costs shall be charged to Improvement Project No. 1995 - 08, Woodbine Neighborhood Storm Drainage Improvements. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date 4/24/95 31 City of f Brooklyn Center Agenda Item Number Request For Council Consideration Item Description: Resolution Approving a Joint Powers Agreement with the City of Brooklyn Park Regarding the Location of a Storm Water Pond and the Reconstruction of 73rd Avenue North From Halifax to France Avenues North Department Approval: Diane p S ector Director o '- lic S f Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Consider the resolution approving a joint powers agreement with Brooklyn Park regarding Woodbine Neighborhood improvements. i Summary Explanation: (supporting documentation attached Yes ) A cooperative joint powers agreement has been drafted by the City of Brooklyn Park regarding the proposed north stormwater detention and treatment pond for the Woodbine Neighborhood storm drainage improvement project, and for improvements to 73rd Avenue. In general, the agreement states that Brooklyn Park will allow Brooklyn Center to construct the pond; after construction it will be owned b Brooklyn Park, but it will be maintained by Brooklyn Center. An additional Y clause we would like to add, that if at some point in the future Brooklyn Park ever wishes to direct storm water from its city to this pond, or to expand the pond to serve a wider area we would renegotiate maintenance responsibilities. In return, we will reconstruct 73rd Avenue between France and Halifax Avenues to a full width. As above, this agreement allows us to reconstruct the street, curb, and gutter. Upon completion Brooklyn Park would own the facility, but we would maintain their half of the street. We provide virtually all the maintenance on this street now, so this will not be an increased responsibility on our part. Note: Where we share jurisdiction of a street or utility with another city, we have agreements delineating responsibility. In some cases we have formal agreements, in other cases we have "gentleman's" agreements regarding who will do what. In general this has served us well, and we rarely run into any problems. There are a few other minor language changes that do not change the substance of the agreement but which have been recommended by the City Attorney. We recommend approval of the cooperative agreement. COOPERATIVE JOINT POWERS AGREEMENT • STORMWATER DETENTION BASIN (NORTH OF 73RD AND WEST OF FRANCE AVENUE) BROOKLYN PARR AND BROOKLYN CENTER THIS AGREEMENT, made and entered into this day of 1995, by and between the City of Brooklyn Park, herein referred to as "Brooklyn Park;" and the City of Brooklyn Center, herein referred to as "Brooklyn Center." WITNESSETH: WHEREAS, Brooklyn Park and Brooklyn Center are desirous of providing stormwater detention to a residential area located in the Woodbine neighborhood south of 73rd Avenue between France Avenue and Noble Avenue. and; WHEREAS, Brooklyn Center is currently planning to reconstruct streets in the residential area, and in conjunction with those street improvements is also planning to upgrade storm drainage systems which serve the area, and; WHEREAS, in order to meet current requirements of the Shingle Creek Watershed Management Commission (SCWMC) it is necessary to construct a stormwater detention basin prior to discharge into Shingle Creek, and; • WHEREAS, a portion of the area already drains to the City's park /open space area lying westerly of France Avenue and northerly of 73rd Avenue, discharging into a natural, meandering water course, which eventually discharges into ponds which are adjacent to Shingle Creek, then into Shingle Creek, and; WHEREAS, Brooklyn Center proposes to construct a stormwater pond in the area just north of 73rd Avenue, then outletting that pond into a system of culverts, and open ditches to Brooklyn Park's existing pond, and; WHEREAS, Brooklyn Center proposes to upgrade 73rd Avenue between France Avenue and Halifax Avenue with concrete curb and gutter and bituminous surfacing and bituminous shouldering on the north side where the 73rd Avenue is higher than park area, and; WHEREAS, Brooklyn Park is willing to grant an easement to Brooklyn Center for the construction and operation and maintenance of the proposed stormwater pond, and; WHEREAS, municipal statutes section 471.59 allows Brooklyn Park and Brooklyn Center to enter into a Joint Powers Agreement to plan and construct public utilities on common boundaries between two cities. . NOW, THEREFORE, it is hereby agreed by and between the parties to this agreement as follows: 1. That Brooklyn Park and Brooklyn Center, by executing this • agreement, mutually approve Brooklyn Center as the lead agency and agree to review and approve plans and specifications for said stormwater and street improvements. Brooklyn Park shall provide Brooklyn Center with all available data and materials pertinent to the work program as required to complete this project. This data and material may consist of, but will not be limited to; contour maps, utility and street plans, aerial photos, previous environmental study materials. Progress meetings will be schedule for City staffs and other concerned public agencies to discuss issues during construction phases. 2. Brooklyn Center shall provide Brooklyn Park with copies of plans prepared by Brooklyn Center or its consulting engineer and they shall be reviewed and approved by Brooklyn Park bef ore a=•1 •1 , S ii. %-_L ..c.. r. � as L %.aa2 ..i % Y c- B roo k" �l.L Pain.. 3. Brooklyn Center shall administer the public contract to construct said improvements and shall inspect the construction of the work contemplated herewith, and all work shall be completed in compliance with the plans and specifications. The Brooklyn Park City staff shall have the right, as work progresses, to enter upon the premises to make any inspections deemed necessary, but will have no responsibility for the supervision of the work. Brooklyn Center shall notify the Engineering Department of Brooklyn Park 24 hours prior to • initiating any work within Brooklyn Park.. Brooklyn Center shall require their contractor to correct any deficiencies found by Brooklyn Park within Brooklyn Park's corporate limits. 4. The proposed schedule is to complete the improvement project by , 19_. 5. Brooklyn Center shall be responsible for all incurred costs including construction, engineering, inspection, and administration cost. 6. Brooklyn Park agrees to provide Brooklyn Center with a permanent easement for installation and maintenance of the storm drainage facilities (Exhibit A), which is attached hereto and made a part of this agreement. 7. It is understood and agreed that upon completion of these improvements, all project elements shall be part of the as- built plans prepared by Brooklyn Center and reviewed by Brooklyn Park and shall become the property of the City in which those improvements are located in, and all maintenance and repair or replacement required thereafter shall be performed by Brooklyn Center. 8. It is further agreed that each party to this agreement shall • not be responsible or liable to the other or to other persons whosoever foreclaims, damages, actions, or causes of actions of any kind or character rising out of or by reason of • performance of any work or part hereof by the other as provided herein; and each party agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. Brooklyn Center also agrees that any contract let by Brooklyn Center for performance of work on the improvements as provided for herein shall include clauses that will: 1) Require the contractor to defend, indemnify, and save harmless Brooklyn Park and Brooklyn Center, their officers, agents, and employees from claims, suits, demands, damages, judgements, cost, interest, expenses (including, without limitation, reasonable attorney fees, witness fees and disbursements included in the defense thereof) arising out of or by reason of the negligence of the said contractor, its officers, employees, agents, or sub- contractors; and 2) Require the contractor to provide and maintain sufficient insurance so as to insure the performance of its hold harmless obligation. 8`. Brooklyn Center agrees to provide access at all times to Shari Ann Lane during the Woodbine Lane construction project and to keep residents along Shari Ann Lane and Brooklyn Park's emergency services departments informed as to the contractors construction schedule. IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF BROOKLYN PARK CITY OF BROOKLYN CENTER BY BY Mayor v.... "1G �/ v DATE: DATE: AND: AND: Acting Manager Manager DATE: DATE: (seal) (seal) • EASEMENT • THIS INSTUMENT is given this day of 1995, by the City of Brooklyn Park, a Minnesota municipal corporation, Grantor, to the City of Booklyn Center, a Minnesota municipal corporation, Grantee. Grantor, for good and valuable consideration, reeipt of which is hereby acknowledged, hereby grants and conveys the following described easement over land situate in Hennepin County, State of Minnesota: A permanent easement for installation and maintenance of storm drainage facilities, including but not limited to sedimentation pond, outfall facility and interconnecting piping, over, under, across and through that part of Section 27, T119N R21W described as follows: Commencing at the center of Section 27, T119N R21W, thence westerly along the south line of the NW 1/4 of said Section 27 a distance of 300.00 feet to the actual point of beginning, thence deflecting to the right at an angle of 89 35' 00" a distance of 305.00 feet, thence deflecting to the left on a line parallel to the south line of the NW 1/4 of said Section 27, a distance of 284.70 feet to a point hereafter referred to as Point A, thence deflecting to the left to a point on the south line of the NW1 /4 of said Section 27, a distance of 584.70 feet westerly of the center of said Section 27, thence easterly along the south line of said NW 1/4 of Section 27 to the point of beginning and there terminating. Together with a permanent easement being 50.00 feet in width for installation and maintenance of a drainage ditch from the above described sediment pond easement to its outfall whose centerline is described as follows: Commencing at the above described Point A, thence easterly along a line 305.00 feet north of and parallel to the south line of the NW 1/4 a distance f 25. 0 0 0 feet to the actual oint of beginning of the line to be described P g g thence deflecting to the left on a tangential curve having a radius of 291.94 feet, a tangent of 115.00 feet and a central angle of 43 00' 00" for a distance of 219.10 feet, thence continuing along the tangent of the last described curve a distance of 110.00 feet and there terminating. �Q Member introduced the following resolution and • moved its adoption: RESOLUTION NO RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH THE CITY OF BROOKLYN PARK REGARDING THE LOCATION OF A STORM WATER POND AND THE RECONSTRUCTION OF 73RD AVENUE NORTH FROM HALIFAX TO FRANCE AVENUES NORTH WHEREAS, by Resolution No. 95 -53 adopted on February 13, 1995, the City Council ordered Improvement Project Nos. 1995 -07 and 08, Woodbine Neighborhood Street and Storm Drainage Improvements, in conjunction with other utility improvements; and WHEREAS, said storm drainage improvements include the construction of a storm water detention and treatment pond to serve the northerly portion of the "Woodbine Neighborhood "; and WHEREAS, the ideal location for said pond is located outside the corporate borders of Brooklyn Center and within the corporate borders of Brooklyn Park; and . WHEREAS, Brooklyn Park is willing to grant an easement to Brooklyn Center for the construction and operation and maintenance of the proposed storm water pond; and WHEREAS, 73rd Avenue between Halifax and France Avenues North, which is to be reconstructed as a part of said street improvement project, is under the joint jurisdiction of the cities of Brooklyn Center and Brooklyn Park; and WHEREAS, 471.59 Minnesota Statutes allows cities to enter into joint powers agreements to plan and construct improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The City Council hereby accepts and approves the joint powers agreement regarding construction of a storm water detention pond and improvements to 73rd Avenue between Halifax and France Avenues North associated with Improvement Project Nos. 1995 -07 and 08, Woodbine Neighborhood Street and Storm Drainage Improvements, and conveying an easement from the city of Brooklyn Park to the city of Brooklyn Center. 2. The Mayor and City Manager are hereby authorized to execute said • agreement. i • RESOLUTION NO. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date 04 /24/95 3 City of Brooklyn Center A g enda Item Number E Request For Council Consideration • Item Description: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1995 DISEASED TREE REMOVAL, IMPROVEMENT PROJECT NO. 1995 -10, CONTRACT 1995 -C Department Approval: Diane Spector, Director ublic Se Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: A resolution accepting bid and awarding contract to Arbor Tree Service of Brooklyn Center is provided for consideration. • Summary Explanation: (supporting documentation attached ) On March 27, 1995, the City Council approved plans and specifications and authorized advertisement for bids for the 1995 Diseased Tree Removal Program, Improvement Project No. 1995 -10. Bids for this work were received and opened on April 12, 1995. The bids submitted were as follows: Bidder Amount Arbor Tree Service $20,830.00 Outside Services $23,420.00 Ceres Tree Company $25,740.00 The apparent low bidder for the project is Arbor Tree Service of Brooklyn Center. For the past several years Arbor Tree Service has removed park trees for the City and is regarded by staff as having ample resources available to perform the work required of this contract. Accordingly, staff recommends acceptance of the low bid and award of the contract to Arbor Tree Service of Brooklyn Center, MN. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1995 DISEASED TREE REMOVAL, IMPROVEMENT PROJECT NO. 1995 -10, CONTRACT 1995 -C WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1995 -10, bids were received, opened, and tabulated by the Director of Public Services, on the 12th day of April, 1995. Said bids were as follows: Bidder Amount Arbor Tree Service $20,830.00 Outside Services $23,420.00 Ceres Tree Company $25,740.00 WHEREAS, it appears that Arbor Tree Service of Brooklyn Center is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract, in the amount of $20,830.00 with Arbor Tree Service of Brooklyn Center in the name of the City of Brooklyn Center, for Improvement Project No. 1995 -10, 1995 Diseased Tree Removal, according to the specifications approved by the City Council and on file in the office of the Deputy City Clerk. 2. The Deputy City Clerk is hereby authorized to retain the deposit of the successful bidder and the next lowest bidder until a contract has been signed. 3. All costs of this project shall be accounted for in the Diseased Tree Fund. Date Mayor ATTEST: Deputy Clerk • • RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • Council Meeting Date 4/24/95 31 City of Brooklyn Centel' Agenda Item Numbe Request For Council Consideration • Item Description: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995 -11, CONTRACT 1995 -E, CMP TRUNK SANITARY SEWER RELINING Department Approval: Scott Brink, City tngiii r Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: A resolution approving plans and specifications and directing advertisement for bids for Improvement Project No. 1995 -11, Corrugated Metal Pipe Sanitary Sewer Trunk Relining, is attached for • consideration. Summary Explanation: (supporting documentation attached ) As authorized at the April 10, 1995 City Council meeting, plans and specifications have been prepared to provide for the relining of 6,000 lineal feet of corrugated metal pipe sanitary sewer. As previously discussed, the relining will provide the most cost effective method of rehabilitating remaining portions of corrugated metal sewer pipe that has aged and deteriorated beyond its useful life. Member introduced the following resolution and • moved its adoption: RESOLUTION NO, RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995 -11, CONTRACT 1995 -E, CMP TRUNK SANITARY SEWER RELINING WHEREAS, the City Council on April 10, 1995 per Resolution 95 -102, established Improvement Project No. 1995 -11 and authorized preparation of plans and specifications; and WHEREAS, the City Engineer has prepared the plans and specifications for Improvement Project No. 1995 -11. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The specifications for Contract 1995 -E for said improvement project prepared by the City Engineer are hereby approved and ordered filed with the Deputy City • Clerk. 2. The Deputy City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the Deputy City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Deputy City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of such bid. Date Mayor ATTEST: Deputy Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date 04/24/95 3 City o f BTOOldyn Center Agenda Item Number Request For Council Consideration • Item Description: RESOLUTION DESIGNATING 1995 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES Department Approval: i Diane Spector, Director of Public Ser � ce Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve resolution designating allowable boulevard tree species for 1995. • Summary Explanation: (supporting documentation attached YES ) As per City Ordinance, Section 20, TREES, the City Council shall annually adopt a resolution designating allowable boulevard tree species. This list includes a variety of cultivars and some ornamental trees. Section 20 -200, subd. 3 assures that all boulevard trees will be located so as to avoid creating future sight distance problems. Attached is a copy of the boulevard permit that residents are required to complete and submit before the planting of a boulevard tree. 1 � a riB • a C' YOU PLANT t ifetit o The City Council of the City of Brooklyn Center has adopted an ordinance to establish policies for the care of boulevard trees. The ordinance contains very specific information regarding where boulevard trees may be planted. Please read the following information before you plant a boulevard tree. A copy of the complete ordinance is available at City Hall. Section 20 -200. PUBLIC TREE CARE IN GENERAL • Subdivision 3. Planting oulevard Trees. No tree may be planted on the g P boulevard except by permit obtained from the director of public services or designee. The City may move, remove, or trim or cause or order to be moved, removed, or trimmed any boulevard tree not planted by permit, or any boulevard tree which is not in compliance with this code. This section does not prohibit the planting of boulevard trees by adjacent property owners providing the selection, location, and care of said trees are in accordance with the provisions of this code. The purpose of a permit is to ensure that all siting requirements are met, most especially those relating to sight distance, both at corners and near driveways, sidewalks, alleys, etc. The following is the list of allowable boulevard trees for 1995: Ash (Autumn Purple) Linden (American) & cultivars Crabapple (Flowering) & cultivars Linden (Littleleaf) & cultivars Hackberry Maple (Norway) & cultivars Honeylocust (Imperial, Shademaster, Maple (Red) & cultivars Skyline, Thornless) Maple (Sugar) & cultivars Ironwood Oak (Pin) Japanese Tree Lilac Oak (White or Bur) City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Phone 569 -3495 • PERMIT BOULEVARD TREE PLANTING PROPERTY ADDRESS: OWNER NAME: ADDRESS: CITY, STATE, ZIP: PHONE: DAY OTHER VARIETY OF TREE: TO BE PLANTED (COMMON NAME) APPROXIMATE DATE OF PLANTING: Please stake or otherwise indicate your preferred tree location as soon as possible I have called or will call Gopher State One Call at 454 -0002 to obtain underground utility locations Owner Signature Date * * * ALLOW 48 HOURS FOR PROCESSING City use only: Initial and date each item checked Variety At least 5' from underground utilities Sight Distance At least 10' from overhead utilities • Approx. width of Blvd. Proposed distance from edge of street Sidewalk? Proposed distance from edge of sidewalk ALL REQUIREMENTS MET: Signature Title Date Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING 1995 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES WHEREAS, the City Council of the City of Brooklyn Center promotes a diverse urban forest so as to minimize the spread of tree disease; and WHEREAS, section 20 -402 of the ordinances provides for an annual listing of allowable boulevard tree varieties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the following trees are hereby designated as allowable boulevard tree species for 1995: Ash (Autumn Purple) Linden (American) & cultivars Crabapple (Flowering) & cultivars Linden (Littleleaf) & cultivars Hackberry Maple (Norway) & cultivars Honeylocust (Imperial, Shademaster, Maple (Red) & cultivars Skyline, Thornless) Maple (Sugar) & cultivars Ironwood Oak (Pin) Japanese Tree Lilac Oak (White or Bur) Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • Council Meeting Daze 04/24/95 City of Brooklyn Center Agenda Item Number Request For Council Consideration Item Description: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 13372 AND 13373 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS FOR THE WOODBINE NEIGHBORHOOD IMPROVEMENTS Department Approval: (--� La�� 9 Diane Spector, Dire for f Public Se Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve the resolution awarding assessment stabilization grants. • summary Explanation: (supporting documentation attached ) The attached resolution represents assessment stabilization grants for Levy Nos. 13372 and 13373. Additional grants are anticipated and will be forwarded for Council action. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS 13372 AND 13373 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION GRANTS FOR THE WOODBINE NEIGHBORHOOD IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 13372 and 13373 for the following improvements: WOODBINE NEIGHBORHOOD STREET IMPROVEMENT IMPROVEMENT PROJECT NO. 1995 -07 WOODBINE NEIGHBORHOOD STORM DRAINAGE IMPROVEMENT IMPROVEMENT PROJECT NO. 1995 -08 WHEREAS, Special Assessment Levy Nos. 13372 and 13373 were approved by the City Council on March 27, 1995; and • WHEREAS, the City Council has adopted an Assessment Stabilization Program to provide economic assistance to low income property owners in the form of grants to reduce or pay in full their special assessments for street improvement projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Certain property owners are eligible for a grant to pay some part of their special assessment. Special Assessment Levy No. 13372 is hereby amended to reduce the following assessments as noted: PREVIOUS PID # AMOUNT REDUCED TO 27- 119 -21 -31 -0034 $1,700 $171.00 27- 119 -21 -31 -0037 $1,700 $850.00 27- 119 -21 -31 -0042 $1,700 $609.00 27- 119 -21 -31 -0046 $1,700 $769.00 27- 119 -21 -32 -0054 $1,700 $972.00 27- 119 -21 -31 -0057 $1,700 $1,214.00 27- 119 -21 -31 -0066 $1,700 $769.00 27- 119 -21 -31 -0067 $1,700 $598.00 27- 119 -21 -31 -0073 $1,700 $1,528.00 • 27- 119 -21 -32 -0086 $1,700 $850.00 27- 119 -21 -31 -0096 $1,700 $1,214.00 27- 119 -21 -31 -0107 $1,700 $850.00 27- 119 -21 -31 -0124 $1,700 $850.00 RESOLUTION NO. PREVIOUS • PID # AMOUNT REDUCED TO 27- 119 -21 -31 -0125 $1,700 $342.00 27- 119 -21 -32 -0007 $1,700 $462.00 27- 119 -21 -32 -0008 $1,700 $567.00 27- 119 -21 -32 -0022 $1,700 $1,359.00 27- 119 -21 -32 -0025 $1,700 $385.00 27- 119 -21 -32 -0029 $1,700 $85.00 27- 119 -21 -32 -0041 $1,700 $256.00 27- 119 -21 -32 -0045 $1,700 $972.00 27- 119 -21 -32 -0065 $1,700 $598.00 27- 119 -21 -32 -0070 $1,700 $171.00 27- 119 -21 -32 -0082 $1,700 $462.00 27- 119 -21 -32 -0091 $1,700 $1,455.00 27- 119 -21 -32 -0096 $1,700 $850.00 27- 119 -21 -32 -0121 $1,700 $1,359.00 Special Assessment Levy No. 13373 is hereby amended to reduce the following assessments as noted: PREVIOUS PID # AMOUNT REDUCED TO 27- 119 -21 -31 -0034 $725.00 $73.00 • 27- 119 -21 -31 -0037 $725.00 $365.00 27- 119 -21 -31 -0042 $725.00 $261.00 27- 119 -21 -31 -0046 $725.00 $329.00 27- 119 -21 -32 -0054 $725.00 $416.00 27- 119 -21 -31 -0057 $725.00 $520.00 27- 119 -21 -31 -0066 $725.00 $329.00 27- 119 -21 -31 -0067 $725.00 $296.00. 27- 119 -21 -31 -0073 $725.00 $655.00 27- 119 -21 -32 -0086 $725.00 $365.00 27- 119 -21 -31 -0096 $725.00 $520.00 27- 119 -21 -31 -0107 $725.00 $365.00. 27- 119 -21 -31 -0124 $725.00 $365.00 27- 119 -21 -31 -0125 $725.00 $146.00 27- 119 -21 -32 -0007 $725.00 $198.00 27- 119 -21 -32 -0008 $725.00 $243.00 27- 119 -21 -32 -0022 $725.00 $582.00 27- 119 -21 -32 -0025 $725.00 $165.00 27- 119 -21 -32 -0029 $725.00 $37.00 27- 119 -21 -32 -0041 $725.00 $110.00 27- 119 -21 -32 -0045 $725.00 $416.00 27- 119 -21 -32 -0065 $725.00 $256.00 27- 119 -21 -32 -0070 $725.00 $73.00 • 27- 119 -21 -32 -0082 $725.00 $198.00 27- 119 -21 -32 -0091 $725.00 $624.00 27- 119 -21 -32 -0096 $725.00 $365.00 27- 119 -21 -32 -0121 $725.00 $582.00 3. All costs associated with these grants shall be funded from Local State Aid Account #2900. RESOLUTION NO. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date 04/24/95 3 City of Brooklyn Center Agenda Item Number Request For Council Consideration • Item Description: RESOLUTION AMENDING THE 1995 CENTRAL GARAGE BUDGET AND AUTHORIZING THE REPLACEMENT OF ONE (1) HOIST FOR THE CENTRAL GARAGE Department Approval: Jim Gla e, he Services Coordinator Manager's Review /Reco ndation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve the resolution for purchase and installation one (1) inground lift (hoist), at a cost of $7,491.77, to be funded from the Central Garage Internal Service Fund. • Summary Explanation: (supporting documentation attached ) The Central Garage currently has three inground lifts for use in the repair of city vehicles and machinery. The lifts are sized for different tasks: work on squad cars and light trucks; medium and dump trucks; and tandem dumps and fire trucks. One unit is 12 years old, the others are 5 and 6 years old respectively. Units normally have a life expectancy of 20 years. In the process of normal inspection, garage staff found that the oldest unit, the smallest unit for squad cars and light trucks, is leaking from a hydraulic seal. In attempting to get the unit repaired, it was found that replacement parts are no longer available. The company that manufactured the unit was bought out by a competing company approximately 11 years ago. The new company stocked replacement parts only for 10 years as required by law. The inground lift is still being used, but should be replaced as soon as possible. The lift may fail at anytime and leaking hydraulic fluid may contaminate surrounding soils resulting in additional clean up costs. Using the "medium" lift to fill in for the failing unit is not an option as it is too large to accommodate smaller vehicles. Two quotes were received for the lift as follows: Pump and Meter Company $7,491.77 • Westside Equipment Company $7,450.00 Staff recommends that the Council award the bid to Pump and Meter Company as they are able to provide superior service after installation. This improvement would be funded by the Central Garage Internal Service Fund, which includes a reserve fund for these types of expenditures. f Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1995 CENTRAL GARAGE BUDGET AND AUTHORIZING THE REPLACEMENT OF ONE (1) HOIST FOR THE CENTRAL GARAGE WHEREAS, by Resolution 94 -268, the 1995 Central Garage Internal Service Budget was approved by Council; and WHEREAS, the approved budget did not include appropriations for an inground lift; and WHEREAS, in the process of normal inspection, garage staff found that the oldest lift unit is leaking from a hydraulic seal; and WHEREAS, in attempting to get the unit repaired, it was found that replacement parts are no longer available; and WHEREAS, the inground lift is still being used, but should be replaced as soon as possible, as it may fail at anytime and is leaking hydraulic fluid that may contaminate surrounding soils resulting in additional clean up costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The purchase a one (1) inground lift from Pump and Meter Company at a cost of $7,491.77 is hereby approved. 2. The additional cost shall be funded by the Central Garage Internal Service Fund. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • Council Meeting Date April 24, 1995 City of Brooklyn Center Agenda Item Number Request For Council Consideration • Item Description: Proclamation Declaring April 26, 1995, as School -Age Child Care Day Department Approval: 26,M �"� Sharon Knutson, Deputy City Cler Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Proclaim April 26, 1995, as School -Age Child Care Day. Summary Explanation: (supporting documentation attached Yes ) PROCLAMATION t(/� DECLARING APRIL 26 1995 AS SCHOOL -AGE CHILD CARE DAY WHEREAS, the Minnesota School -Age Child Care Alliance in conjunction with the Minnesota Association of Education of Young Children are celebrating the Week of the Young Children April 23 through 29, 1995, and WHEREAS, the Minnesota School -Age Child Care Alliance will focus and celebrate school -age child care day on Wednesday, April 26, 1995; and WHEREAS SACC rograms provide a safe caring lace for approximately 24 000 children grades P O P PP Y b bP K -6 before and after school and school vacations in public and private schools and 25,000 children in family child care homes throughout Minnesota; and WHEREAS, providing programs that expand children's learning opportunities and make available support for working families and those experiencing temporary family - related difficulties is critical if children are to succeed in school; and WHEREAS, high- quality programs are the key prevention strategies needed in preventing violence, substance abuse, vandalism, poor mental health, pre -gang activity, school failure, and teen pregnancy; and WHEREAS, the future of our state and the quality of our labor force depends upon the experiences provided by these resources not only to help ensure support for working parents to raise competent children but also to support an efficient work force where 82% of the families with elementary children are in the labor force, and WHEREAS, high - quality SACC programs represent a worthy commitment to children's future; and WHEREAS, by calling attention to the need for high- quality SACC programs for all children and families within our state, these groups hope to improve the availability and quality of such services to the 200,000 children who are HOME ALONE when they are out of school and their parents work. NOW, THEREFORE, 1, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim April 26, 1995, as School -Age Child Care Day and urge all citizens to recognize and support the needs of all elementary -aye citizens to have access to quality programs throughout the community, school district, city, and county. Date Mayor Attest: Deputy Clerk ADVENTURE CLUB • RHS RESOURCE CENTER 3730 Toledo Avenue North April 11, 1995 Rohhins&deMN55422 (612) 588 -2404 ■ FAX (612) 588 -4912 Dear Mayor Myra Kragness, Please consider proclaiming Wednesday, April 26, 1995, Minnesota School -age Child Care Day in the City of Brooklyn Center. Attached is a proclamation ready for reading at your council meeting and publication. Governor Arne Carlson has designated this day Minnesota School -age Child Care Day inorder to focus public attention on the needs of school -age youth and families. When kids are out of school and their parents work, families need community support! There never has been a more critical time for communities to ban together to support an assurance of healthy adult presence and informal learning opportunities for all kids before and after school and school vacations. Independent School District 281 Superintendent Thomas Bollin has requested the Adventure Club programs to expand it's program into all elementary schools in District 281 within the next two years. Next year programs will be developed at elementary schools in your city. We encourage you to continue helping us search for ways to make the program accessible to low income families and to make a broad base of recreational options accessible to children. We have appreciated the support and encouragement you have given us and the projects we've worked on together. We would like to work more closely with your park and recreation departments when we move to elementary schools so together we can help improve access to high- quality after school recreation for all children. Please consider speaking out on behalf of kids in our community for changes in public policy. Attached is information about impending legislation that impacts low income families needing fee assistance and more effective inclusion in school -age child care for children with special needs. Thanks for working together to help working families access quality programs for their kids out of schools hours. Sincerely, ADVENTURE CLUB Roz Anderson Sue Gabrielson • Coordinators ' I attachments / ` �- INDEPEN'DENTSCHOOL DISTRICT281 Robbinsdale Area Schools Learning for a lifetime of growing Y AA fs SA C G A Minnescta Schccl —A child are Alliance e Ch�l C ante c LcL • School -Age Care Pay A 1 r ' A pr1126, 1995 Week of the Young Child April 24 -28, 1995 Dear School -Age Practitioners and Supporters of School-Age Care, . In Celebration with the Week of the Young Child, the Minnesota School -Age Child Care Alliance Board and Governor Carlson has designated April 26-1996 as School -Age Care Day in the State of Minnesota. School -Age Care Day was first celebrated in 1994. We invite you to take this opportunity to once again focus public attention on the needs of school- age youth and their families, as well as, the powerful job you do as school - age practitioners. The Director of your school -age program has been sent a School -Age Care Day "P.R. Packet ". This packet includes a variety of ideas for planning your celebration of this special day. Please ask that this packet be disseminated throughout our p rogram sites. We encourage our activities 9 y p 9 9 y to include youth and their families in your program, local leaders, state • legislators and your community. Also included in the packet will be " SUPPORT YOUTH IN SCHOOL -AGE CARE" Stickers (sample enclosed). PLEASE distribute these stickers to the staff and families in your school -age program. Please remember to come to the Landmark Center in St Paul April 26, 1995, to hear Cordelia Anderson speak on "Supporting Today's Youth and Their Changing Families ". ALSO Encourage your staff and families to join us for the SACCA Fun Walk /Run on April 29, 1995 at Como Park in Saint Paul. The enclosed flyers about these events are for distribution to supporters of school -age care and to the staff and families in your program. Thank you for your care and dedication to school -age youth. CELEBRATE SCHOOL -AGE CHILD CARE DAY - APRIL 25th For additional information please call the SACCA Hot Line at 612- 953 -3050 GOVERNOR'S BUDGET THREATENS EXTENDED DAY SPECIAL NEEDS LEVY The 1995 governor's budget proposes to eliminate the extended day levy r- for serving children with disabilities: • This levy allows District 281 to generate $250,000 to support integration of children with special needs into Adventure Club. Eliminating this levy would eliminate two social worker /psychologist positions that provide assessment of student needs and assist staff and families in developing appropriate inclusive plans and staff training. It also funds paraprofessionals to work more closely with children with special needs. It would also eliminate staff training in crisis prevention, adaptive equipment and other resources needed for children with special needs. There are some children who without this additional support would not be adequately served. Why Do We Need Special Needs Services in School -age Child Care? • Children with special needs and their families need child care services as much or more than children without special needs. a, Children with special needs, without an adequate plan for managing their needs so that they can thrive in a child care setting, are often refused service or "kicked out ". This is difficult for the child (loss of self esteem, lack of access to peers and structured activities in a safe environment) and to the parents (who cannot work /attend school without child care). • Child care teachers generally need more training to work with some children with special reeds, as well as someone to consult with regarding individual children. • When children with special reeds are in school they have a large support system (social workers, psychologists, special education teachers, special education assistant /paras, staff to take children to a "time to think" room and staff to stay with them there, etc.) generally this support system is not available in a child care setting. What are the Benefits of having a Trained Person to Supervise an Overall Program Serving Children with Special Needs? • A person trained in "special reeds" working with a school -age child care program can offer direct services to the children, families and staff, can coordinate and collaborate with medical and social service resources and can assure that quality child care services can be offered to all children regardless of their needs or abilities. • Even when a child in a child care setting is being seen by a pediatrician, psychologist, psychiatrist, physical therapist, etc. these specialists do not have time to talk or consult with child care teachers to explain the child's condition (at length) and /or to help devise an intervention • plan appropriate to a child care setting. • Medical insurance does not usually cover an assessment or consultation for behavior or emotional concerns about a student in child care. PROTECT EXTENDED DAY SPECIAL NEEDS LEVY . Protect existing legislation that allows school districts to levy funds to support inclusion of children and families with special needs in SACC programs. This permissive levy capitalizes on each community's ability to decide whether to use the levy authority, how much will be generated and how the funds will be used. These funds are used for vulnerable children who often need adaptive or additional support and different strategies inorder to successfully participate in SACC programs. IN MINNESOTA Of the 170 school districts in Minnesota operating SACC programs, 104 currently levy for this purpose. AMOUNT OF MONEY BEING USED TO SUPPORT CHILDREN WITH SPECIAL NEEDS THIS YEAR Total amount for the state fiscal year 1994 -95 districts are certified to use $2,685,000 The majority of funds are generated locally: 860 of these funds come through local levy funding or $2,300,000 Only 14a of the funding comes from state funding or to equalize the levy or $ 385,000 HOW ARE THESE FUNDS USED? These funds are used in a variety of creative ways throughout Minnesota because families in crisis and children with special needs require a variety of creative strategies. No two programs are doing the same. Additional staff trained to work with families in crisis and children with special needs are being used to strengthen existing resources. These staff provide assessments and assist staff to adapt program or identify additional resources needed. They train staff to carry out appropriate integration, meet with families, therapists and school staff to insure consistency of support. in many programs funds are used for staff training in guidance and inclusive of children with special needs, additional support staff for individual children, as well as interpreters and other support for children with physical disabilities. 1 . } c c! L SACCA CC- Minnesota School-Age Child Care Alliance A g ance MINNESOTA FAMILIES DEPEND ON HIGH - QUALITY SCHOOL -AGE CHILD CARE PROGRAMS FOR ELEMENTARY CHILDREN More than ever before, Minnesota families are relying on high - quality early childhood programs that allow parents to be employed or participate in educational or job training programs while providing appropriate learning experiences for their children. Currently, 82 percent of parents of elementary -age children are in the labor force. Minnesota has one of the highest percents of working parent populations in the nation. MINNESOTA'S FUTURE DEPENDS ON HIGH - QUALITY CARE FOR ELEMENTARY CHILDREN High- quality extended day programs help children become well - adjusted, successful and effectively functioning members of society. Children's learning is not restricted to the class room; they are learning all day long as well as on school vacations. Children need quality environments to practice the skills they are learning in order to be competent socially, emotionally, as well as to have opportunities for good health. They need to be able to practice their skills in social, emotional, physical and cognitive development. They need time and opportunity to master a variety of human interactions like developing responsibility for their own actions, setting limits, respecting of other rights, forming friendships, being successful, acquiring a sense of industry - -to mention a few. Children need to be with staff who care about them. MINNESOTA'S BUSINESSES DEPEND ON HIGH - QUALITY EXTENDED DAY PROGRAMS Early childhood programs like this provide dual support to business and industry. Not only are the experiences of children important to preparing a future generation of workers, these programs support our current work force through enhanced productivity and reduced absenteeism of parents whose children attend programs. The 11 3 o'clock syndrome ", when parents spend more time wondering whether their "latch key" child returned home from school and is involved in appropriate after - school activity, is well documented in the business world. The problems are • magnified for school release and vacation days. Children are out of school approximately amour months during winter, spring and summer vacations. A Chapter of 1IMN AEYC MINNESOTA'S ECONOMY DEPENDS ON HIGH- QUALITY SCHOOL -AGE CHILD CARE PROGRAMS By enabling parents to work, school -age child care programs provide a significant contribution to the economy. States and communities alike are finding that a progressive approach to early childhood services is an attraction that stimulates economic development. Moreover, money paid for early childhood services benefits our economy. Generally 75 - 90 0 of program budgets go to staff salaries, and make available new career options for people who are skilled at working with children. MEETING THESE NEEDS IS N OT EASY Despite benefits that are shared by all of society, most of the costs of early childhood programs are born primarily by parents and by early childhood staff, most of whom accept wages far below the value of their work. Increasingly, families are struggling to find programs they can afford, at a level of quality their child deserves. Low wages and poor benefit packages make it difficult to attract and retain the well qualified staff who are needed to provide quality services for our children. These, as well as the fact that the irregular schedule of the school child in regards to care, contribute to the growing crisis in our ability to provide high - quality services that are also • affordable. WE MUST GO BEYOND ACKNOWLEDGING THAT CHILDREN ARE AMERICA'S GREATEST RESOURCE AND MAKE AN INVESTMENT THAT DEMONSTRATES OUR COMMITMENT TO YOUNG CHILDREN AND THE FUTURE OF THIS NATION! SUPPORT STATE AND FEDERAL LEGISLATION THAT: o INCREASES THE AVAILABILITY AND STABILITY OF SCHOOL -AGE CHILD CARE PROGRAMS THROUGHOUT MINNESOTA - IMPROVES EQUITY FOR ALL CHILDREN o MAKES PROGRAMS MORE AVAILABLE TO LOW - INCOME FAMILIES BY INCREASING FUNDS TO STATE CHILD CARE SUBSIDIES PROGRAM o PROVIDES EQUITY FOR CHILDREN WITH SPECIAL NEEDS TO ATTEND SCHOOL -AGE CHILD CARE PROGRAMS i Council Meeting Dst� F_' 1995 3 City of Brooklyn Center Agenda Item Numb,- Request For Council Consideration Item Description: Licenses Department Approval: Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve attached list of licenses. summary Explanation: (supporting documentation attached Yes ) • • 31 City of Brooklyn Center Licenses to be approved by the City Council on April 24, 1995: MECHANICAL SYSTEMS Bostrom Sheet Metal Works, Inc. 785 Curfew St. C.O. Carlson Air Conditioning Co. 1203 Bryant Ave. N. Centraire, Inc. 7402 Washington Ave. S. Delmar Furnace Exchange, Inc. 4080 83rd Ave. N. Flare Heating & A /C, Inc. 9303 Plymouth Ave. N. Gilbert Mechanical Contractors, Inc. 4451 W. 76th St. Home Energy Center 15200 25th Ave. N. Ste. 128 Horwitz, Inc. 5000 N. Highway 169 McQuillan Brothers Plumbing & Htg. Co. 452 Selby Ave. O'Brien Sheetmetal 144 Glenwood Ave. Rouse Mechanical, Inc. P. O. Box 899 Sedgwick Heating & A/C Co. 8910 Wentworth Ave. S. �1 Vogt Heating and A/C 3260 Gorham Ave. u GI1W -�l'l Building Official MOTOR VEHICLE DEALERSHIP CLASS A Brookdale Dodge 6800 Brooklyn Blvd. Iten Chevrolet Co. 6701 Brooklyn Blvd. City Clerk • RENTAL DWELLINGS Initial: Maribel Hokanson 5308 Emerson Ave. N. Renewal: Shingle Creek Tower 6221 Shingle Creek Pkwy. B.F. Dabrowski 5001 Ewing Ave. N. Elfreda Ploof 5319 Queen Ave. N. u "�L Director of Community Development SIGN HANGER Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. n �� Twin Cities Sign Images, Inc. 1940 Edinbrook Court `-'' a Building Official 44 TAXICAB Suburban Yellow Taxi #304S 500 E. 36th St. Q Town Taxi #90 2500 Washington Ave. N. �J _ City Clerk • General Approval: Sharon Knutson, Deputy City Clerk I Council Meeting Date 4/24/95 Q 3 City f Brooklyn Center Agenda Item Number O O Request For Council Consideration • Item Description: An Ordinance Vacating Certain Utility and Drainage Easements in Registered Land Survey No. 1603 and in Brooklyn Center Industrial Park Plat 1 Department Approval: r �—A . - ,C� 6 e-Spector, Director 6tPublic Se W ey Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Conduct a second reading of the ordinance: hold a public hearing then consider the ordinance vacating the two easements. • Summary Explanation: (supporting documentation attached Yes ) The Evergreen Development Group executed a development agreement with the City regarding the Evergreens at Earle Brown Farm senior development. This agreement among other things requires the property owner to convey to the City a storm sewer easement and a ponding easement for new improvements constructed on the site. The City in turn agreed to vacate an existing storm sewer and a ponding easement which would no longer be necessary, upon satisfactory completion and acceptance of work performed. All work has been satisfactorily performed and accepted. The Engineering Division has drafted an Easement and Maintenance Agreement which would convey the new easements, which is in the process of being executed by the owner and by the City. Tonight an ordinance vacating the no longer necessary storm sewer and ponding easements is presented for second reading and public hearing. Private utility companies have been notified and have expressed no objections to vacating these two easements. • CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 24th day of April, 1995, at 7 p.m. or as soon thereafter as may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider the vacation of certain drainage and ponding easements. 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. AN ORDINANCE VACATING CERTAIN UTILITY AND DRAINAGE EASEMENTS IN REGISTERED LAND SURVEY NO. 1603 AND IN BROOKLYN CENTER INDUSTRIAL PARK PLAT 1 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The following described easement over Tract B. Registered Land Survev No 1603 Hennepin County Minnesota established by document no. 1777932. Hennepin County Register of Title. is herebv vacated. • Commencing at the most Westerly corner of said Tract B: thence North 69 degrees 52 minutes 52 seconds East, assumed bearing along the Northwesterly line of said Tract B a distance of 43.55 feet to the actual point of_beainnin- thence South 74 degrees 23 minutes 45 seconds East a distance of 57.22 feet; thence South 08 degrees 12 minutes 13 seconds East a distance of 72.01 feet; thence South 10 degrees 45 minutes 22 seconds West a distance of 98.31 feet; thence north 77 degrees 39 minutes 23 seconds West a distance of 31.58 feet: thence North 08 degrees 09 minutes 20 seconds East a distance of 59.41 feet;. thence North 41 degrees 40 minutes 48 seconds West a distance of 62.97 feet: thence North 13 degrees 43 minutes 06 seconds East a distance of 72.73 feet to the point of beginning. Section 2. That part of the following described easement over Outlot A. BROOKLYN CENTER INDUSTRIAL PARK PLAT 1. established by document no. 1103795 Hennepin County Register of Title which lies within Tract B, Registered Land Survev No. 1603, is herebv vacated. A strip of land 40 feet wide in Outlot A. BROOKLYN CENTER INDUSTRIAL PARK PLAT I. according to the plat of record thereof, files of the Registrar of Titles Countv of Hennepin State of Minnesota. the centerline of which is described as follows: • Ordinance No. • Beginning at the southeast corner of Outlot B. BROOKLYN CENTER INDUSTRIAL PARK PLAT 1 thence northeasteriv along the east boundary of Outlot B a distance of 576.14 feet: thence N 88 °25'40" W to a point on the east boundary of Outlot A said point being the true point of beginning; thence N 88 °25'40" W to the southwest boundary of Outlot A said easement there terminating, Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1995. Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) LOCATION MAP l � rl YM t..' SITE �� \. m f • .r F i�t� Lei ui ry t; }1 t i � a t \`\ J a �,arn, ° at 01'1319 4300 _ y M s otui9'w- Yr i I T cn 4 w , • �> °nL N En�E ;a r. - . ao,, o. r e - e L `�� l a� » � >B \ ' Jhh> � 2413 • U .b 1 1 N 01'23 E _ 221f5 coa,,,a rnnc, n \ \S 2°45A:9Ea e, an9� h aM1 LEGEND ` m� 1 t � a O.0 760 N 5.73 a„ Rr F N 69' 28' M — r'Al , _ , rr.un r,nr� u..• 60 ee rvnER �r >� 90 w wn,Ea _ Mna, aF. °o uj - - - -- — - -- to a w Council Meeting Date 4124195 3 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration • Item Description: Recommendation by Employee Action Committee for Employee of the Quarter and Employee of the Year Program. Department Approval: -- � a�4� Terri Swanson, communications co t Manager's Review /Recommendation: OV No comments to supplement this report Comments below /attached Recommended City Council Action: Approve Employee of the Quarter /Year Program. • Summary Explanation: (supporting documentation attached X ) The Employee Action Committee has developed an Employee of the Quarter /Year program. The purpose of this program is to recognize staff who have shown exemplary performance by going above and beyond the normal scope of their job to save the city time and /or money or to promote enthusiasm and cooperation between staff and /or departments, to resolve a problem or to suggest innovative ways of performing tasks. All employees must be nominated by coworkers using the attached nomination form. The Employee of the Quarter will be chosen by a subcommittee of Employee Action Committee members and will be ranked on a point system. The name of the selected recipient will then be presented to the city manager for final approval. Employee of the Year will be selected from the Employee of the Quarter candidates. Attached is the detailed plan. This program is patterned after the City of New Hope which has been successfully running this program for a number of years. Cost for the program includes a one -time cost of $60 for plaques and an annual cost of $100 for the employee of the year award. The Employee of the Year award will be in the form of a $100 coupon to be used at of the following City facilities: Inn on the Farm, Earle's Restaurant, the community center or Centerbrook Golf Course. The funds are currently available in the city manager's budget account 113 -4220. The Employee Action Committee is a group of city staffers representing every division within the city. • Employee of the Quarter /Year Program March 199 Eligibility All full and part-time employees and firefighters are eligible for participation in the program. (Seasonal /temporary employees are not eligible for the program.) Definitions Quarter - A three -month period, from January 1 to March 31, April 1 to June 30, July 1 to September 30, and October 1 to December 31. Year - A twelve -month period, from January 1 to December 31. Employee of the Quarter - An eligible participant who is selected for recognition of outstanding performance during the defined quarter. Employee of the Year - An employee of the quarter who is selected as the most outstanding of all Employees of the Quarter for the current year. Employee of the Quarter Nomination Any full or part-time employee or volunteer firefighter or Brooklyn Center citizen may nominate an eligible participant. All nominations must be made on the designated form, and the nominator must describe the outstanding performance, giving specific examples. Employees nominated must be due to work, performance activities above and beyond normal work duties and assignments during the quarter the employee was nominated. Nominations must be signed and submitted to the communications coordinator in a sealed envelope, by the last workday of each quarter. Nominations will not be carried from one quarter to the next, but the same employee may be nominated in consecutive quarters. Selection The selection committee will consist of the employee recognition subcommittee (4 EAC members and the communications coordinator). The communications coordinator will present the nominations to the committee in a manner as to conceal the name of the nominator and nominee. In the event an employee recognition committee member is nominated for the employee of the quarter, the employee subcommittee chair or the communications coordinator will select another EAC member to judge nominees that quarter. In addition, the candidate will not participate in any meetings and /or discussions regarding the nature of that quarter's nominees. • The committee may request additional information from the nominator and /or the nominee's supervisor. Such requests and responses will be handled by the communications coordinator. Members of the employee recogntion committee will review applications and make a recommendation to the city manager. The city manager will review the recommendations and make the final decision. Recognition The Employee of the Quarter would receive the following: *Article about the selected employee and reason for selection in BC Briefs and City Watch •Rotating Employee of the Quarter plaque for hanging in the employee's work area for the quarter *Recognition at a council meeting *Employee of the Quarter name on Cable Channel 37 *Name and photo on an Employee of the Quarter plaque in city hall •A certificate designed by staff and or a personalized medallion Employee of the Year Selection Employee of the Year will be selected from the Employee of the Quarter recipients by the city manager with recommendations made from the management team. Recognition Special recognition at the employee service award presentation during the council meeting in • January Article in City and community publications Employee's name on permanent plaque to be displayed in city hall A floating employee of the year plaque to place in their work area for the following year A framed certificate designed by City staff A $100 certificate for City services for use at any of the following: community center, golf course, Earle Brown Heritage Center, Earle's Restaurant or the Inn on the Farm. Certificate must be used within one calendar year of issuance. i Employee of the Quarter ® Nomination Form Today's date * Quarter arter nominated for Q Nominee's Name Department CRITERIA An employee must be nominated due to work performance activities above and beyond normal work duties and assignments during the quarter for which the employee was nominated. Other criteria include enthusiasm, cooperation at resolving problems, innovations in suggesting new direction, maintenance of a positive rapport with all employees which results in getting the job done, and pro - motion of constructive interaction between departments. All full -time and part -time employees and volunteer fire fighters are eligible for this award. PLEASE PRINT OR TYPE ALL INFORMATION In 25 words or more, explain why you believe this employee is the most deserving candidate for this award. Attach any additional information that you feel would be helpful in assisting the Employee • Recognition Committee make its selection. Name of person making nomination (please print) Deadline: Return this form in a sealed envelope to Terri Swanson in administration by the last day of the quarter for which the person is nominated.* *1st quarter - Jan -March 2nd quarter - April - June 3rd Quarter - July -Sept 4th Quarter - Oct - Dec Council Meeting Date 4/24195 31 City of Brooklyn Center Agenda Item Number �C Request For Council Consideration • Item Description: Legislative Update Department Approval: go IYO 4 4 = 1 7 Gerald G. Splintqvity Manager Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Summary Explanation: (supporting documentation attached Yes ) • Attached are copies of the April 7 and April 14, 1995, League of Minnesota Cities Cities Bulletin. 1� 9 + League of Minnesota Cities - — Cities Bulletin Number 14 April 7, 1995 Senate puts property taxes on ice Gary Carlson to the bill in next week's Cities in an increase in taxes paid by taxpay- One Senator described it as the Bulletin. ers, the state would provide an aid dumb part of dumb and dumber. The bill that went to the Senate payment to the city to offset the levy Another asked if cities would rather be floor would prohibit levy increases for increases. hung or shot. One major daily newspa- taxes payable in 1996. The bill would The bill would also impose strict per referred to the proposal as non- also freeze market values for individual levy limits on cities for taxes payable sense. City officials recited a long list property owners unless improvements in 1997. These levy limits would of negative consequences if the bill are made or new structures are built. restrict the overall growth in local became law. But despite it all, the The combination of the levy freeze and government levies to the lesser of three Senate passed S.F. 1570, Senate the market value freeze means that the percent or the implicit price deflator for Majority Leader Roger Moe's bill that bills of taxpayers in 1996 would not would put a hard freeze on property increase. In fact, in growing communi- See Freeze, page 8 taxes throughout the state. ties where substantial new construction The Senate approved the measure is occurring, the tax bills of existing ` late Thursday morning, shortly before property owners could actually The League sends the Cities this issue of Cities Bulletin went to decrease. Bulletin to the mayor and to the p ress. The bill would have the greatest To assure that levies could not administretor or clerk. Be sure to impact on cities and counties. School increase, the bill would severely limit touts it to your cpuncilmembers . and departtnent heads. ,.. 1 11 levies would be frozen but schools the issuance of new general obligation would generally be held harmless debt or any debt that would increase the property tax levy. The bill resum- because state aid would offset the ley p _ Y P Y reduction. The bill was amended to ably would not affect the issuance of debt or include a rovision that would prohibit special assessment supported eb p F P unfunded mandates during the freeze debt supported entirely by dedicated proposal. In addition, the HACA "^.tern rise fund revenue, or any other sunset was removed. The balance of debt that would not have a property tax the sunset including local government impact in 1996. Any debt issued prior aid and the property tax classification is to March 30 that would require entirely sunset in 1998. We will additional 1996 levy would be permis- provide full details on the amendments sible. If the levv increase would result i For more information on the proposed property tax freeze, contact Senator Roger Moe at (612) 296 -2577. f 1995 League of Minnesota Cities Action Agenda We will include this list every week of the legislative session with a page number if a story appears about the issue. Unfunded Mandates - Oppose additional unfunded mandates and allow cities not to comply with current unfunded mandates. C ontents Local Government Aid - Maintain LGA Senate puts property taxes on ice ................ ............................... 1 at a constant, inflation - adjusted level and increase LGA levels to decrease the Elimination of tax exemption for bond interest appears reliance on the property tax. headed for House tax bill ............................ ............................... 3 Common sense investment issues 4 Homestead Agricultural Credit Aid ............... ............................... 4M Fund update 4 Growth - Reinstate the HACA household growth adjustment factor and apply an Award salutes outstanding small town leaders .......................... 4 inflationary adjust factor similar to LGA. / Senate passes telephone deregulation ......... ............................... 5 page 7 LMCIT introduces boiler and machinery coverage program .... •6 City opening on POST Board Transfers of LGA and HACA to Two Senate proposals would eliminate HACA ......................... 7 schools - Protect city aid programs from Bill would regulate deposit and investment of public further transfer to school aid programs. funds ........................................................ ............................... 7 Growth Management and Annexation - Now is your chance to shine ....................... ............................... 9 Restrict development outside city bound - Minnesota women in city government annual aries, facilitate annexation of urban membership meeting set for June 14 . 1 0 property, and maintain city authority over "' " " " " " "" services provided to townships. Billsummaries ......................................... ............................... 11 Training/conference .................................. ............................... 17 TIF Penalties - Eliminate the LGA/ Municipal ads ........................................... ............................... 18 HACA aid penalty for TIF use and reauthorize use of TIF on scattered site housing. Personnel - Reform the arbitration process and veterans preference discharge procedures. Telecommunications - Preserve local authority over rights of way and require state licensing of telecommunications providers to ensure public service and use. / page 5 Transportation - Increase revenue The Cities Bulletin is a publication of the League of Minnesota Cities and includes sources for transportation programs, and an update of state legislative, administrative, and congressional actions that affect cities. It grant city authority to raise funds if also includes reviews of metropolitan area issues by the Association of Metropolitan necessary, eliminate all nontransportation Municipalities. use of highway funding. League legislative staff members are available to answer your questions concern- ing legislation relating to cities. Workers' Compensation - Make Minnesota's system competitive with neighboring states. Executive Director Editor Typesetting and design Jim Miller Tim Busse Gayle Brodt Laurie Audette League of Minnesota Cities, 3490 Lexington Avenue North, St. Paul, MN 55126 printed on recycled paper Phone: (612) 490 -5600; (800) 925 -1122; Fax: (612) 49 -007 TDD: ( 612) 490 -9030. Page 2 LMC Cities Bulletin Elimination of tax exemption for bond interest ' to est appears headed for House tax bill Gary Carlson Repeal of the tax exemption for municipal bonds is bad for the state, H.F. 1380, the bill that would local governments and taxpayers. eliminate the tax exemption for (House File 1380) municipal bond interest is still Repeal of the exemption for Minnesota bond interest is an income tax alive and well. The bill had its increase. This income tax increase would hit many Minnesota taxpay- continuation hearing on Thurs- ers who can least afford it. There is a myth that municipal bonds are day March 30 before the House owned only by upper income people. In fact, many moderate income Tax Committee. Although the people own municipal bonds. League was scheduled to testify, Repeal of the exemption for Minnesota bond interest would signifi- the committee ran out of time cantly increase the cost of borrowing for the state and its municipali- and we were unable to do so. ties. These increased costs would trickle down to taxpayers in in- Although there is no Senate creased property taxes, increased utility charges, or reduced services. The smallest communities in Minnesota would be hardest hit, because companion to the bill, we will their bonds would become less attractive investments without a tax likely see the bill's language exemption, and their interest rates for borrowing would go up. Ex- appear in the House Omnibus amples of trickled down costs include: Tax bill. * When local governments bond for capital improvements their debt The Minnesota Institute of service costs will be higher because the interest rates they must pay Public Finance prepared a on the bonds could be .25 percent to .5 percent higher. handout that provides an over- view of the implications of H.F. * The added interest cost on debt issued for a senior housing project 1380. We have reprinted the would add approximately $45 per month to the rent charged to the handout for your information. If tenant of that project. you have any questions about the * A first time home buyer under the single family mortgage revenue content of the bill contact Gary bond program would need an income approximately $2,550 higher Carlson at the League of Minne- in order to qualify for a $125,000 home. The added mortgage cost sota Cities. 7i would be $67 per month. * In the health care area, increased borrowers' costs would be passed through to patients or the state in the form of Medicare and Medicaid reimbursements. • Most states do not tax in -state municipal bond interest. If H.F. 1380 passes, Minnesota's high combined federal and state effective tax rate would make Minnesota the highest tax state for municipal bond interest. It is likely that significant numbers of investors would abandon the Minnesota market for investments that offer a higher rate of return. • There are other less drastic and costly ways to deal with the issues raised by the Cambridge Bank case. Prepared by the Minnesota Institute of Public Finance April 6, 1995 April 7, 1995 Page 3 Common sense investment issues Linda Sheimo firms both in Minnesota and Beware of fees for any product Minneapolis Treasury Division Director around the country that are not that include a flat fee combined licensed to do business in Minne- with a performance -based compo- Given recent devastating losses in sota. If a new firm contacts you, nent. This type of fee structure is the fixed income marketplace affecting find out if they are licensed. dangerous in terms of promoting numerous public funds across the State, Always ask how large the firm is excessive risk taking. it is important to remember some basic (how many people they employ) Remember, risk and return are investment issues. and which government entities inextricably linked. You cannot • According to Minnesota Statute they are currently doing business achieve above - market returns 80A.04, subd. 1 "It is unlawful for with. without above - average risk. any person to transact business in Beware of any presentations that In summary, as many government this state as a broker - dealer or claim they take advantage of entities are experiencing loss of agent unless licensed." In order to inefficiencies within the short/ principal and with the political ramifi- comply with this statute all you intermediate Treasury and agency cations stemming from these losses, it need to do is call the Minnesota market. The Treasury and agency is imperative that we all investigate Department of Commerce and ask marketplace (void of derivatives) products that appear to be "too good to if a particular firm is licensed to do is the most efficient market in the be true." EU business. There are many new world. Award salutes outstanding 4M Fund update small town leaders Could your small community use What is the 4M Fund? an extra $5,000? How about an extra The 4M Fund is a short-term money market fund specifically designed to address the $1,500? Has your town or city bene- cash management needs of Minnesota cities and their instrumentalities. The Fund is comprised of the highest quality, short-term investments allowable under Minnesota fited from a project that was spear - Statute 475.66 and the Fund's objectives are safety, liquidity and a competitive yield.The headed by an elected official? short term nature of the Fund helps to insulate it from the effect of changes in interest If your town and one of its leaders rates.The Fund is managed by Insight Investment Management and Dain Bosworth and fit this description, you will want to served by MBIA - Municipal Investors Service Corporation. A fixed rate investment program for Fund participants, offering such alternatives as certificates of deposit and nominate that local government official U.S. Treasury and Agency securities, is also available. for the American Hometown Leader - Market update —Week of March 27 -31, 1995 ship Award. It's the beginning of a new quarter, and the heady rates of last week are all but a memory. The award recognizes local Fed Funds have settled back to the six percent range, and for the next several weeks we government officials for displaying the will probably continue to see yields of six percent on investments from overnight through highest standards of dedication, ability, three months. The final revision of the Fourth Quarter 1994 GDP numbers showed creativity, and leadership public greater strength in the economy than those originally reported. The Fed may use the revised numbers in their decision to increase rates again in May, when the next Federal service. Reserve FOMC meeting is scheduled. Examples include local govern- Daily Rates —Week of March 27-31,1995 ment costcutting, coordination of a major volunteer effort, effectiveness in Interest Average Maturity advancing the local government's goals Date Rate of Portfolio 3127 in the state or federal legislature ' 5.60% 15 days 3/28 5.61% 11 days establishing new local services or 3/29 5.63% 11 days programs, or success in implementing 3/30 5.63 % 14 days local development projects. 3/31 5.65% 14 days The contest is sponsored by the 'Interest rates are net of all applicable fees. National Association of Towns and Daily interest compounding, free checking, and Automated Clearing House (ACH) Townships (NATaT) and winners will f be honored at a special ceremony payment systems are among the conveniences offered by the Fund. For more information, please call Kathy Kardell of Insight Investment Management at (800) 333 -0813 or Shirley during NATaT's educational conference Hogan at Dain Bosworth at (800) 388 -7125. in September. For more information call NATaT i at (202) 737 -5200. Pa e 4 g LMC Cities Bulletin Y Senate passes telephone deregulation Decisions on public access and rights of way delayed until 1996 Ann Higgins and use of fees and related recognize the importance and value of After adding amendments sup- compensation cities receive for use local control, and who see the real ported by cities, cable commissions, and occupancy of local rights -of- threat to public, educational, and and public access facilities, the Senate way by utilities and cable commu- government access posed by video unanimously approved telephone nications companies. dialtone services are concerned that deregulation legislation. The League The House is expected to take up these issues have not been addressed. and the Minnesota Association of the telephone deregulation measure Telephone companies are intent on Community Telecommunications approved by the Senate. Cities' using local rights -of -way free of charge Administrators ( MACTA) had urged dissatisfaction with legislative action so without any obligation to provide bill author Senator Steve Novak (DFL- far is likely to result in increased channels for the PEG access program - New Brighton) to include measures in pressure for further action before the ming now available over local cable S.F. 752 that address the role of local end of the session. Lawmakers who systems. EE government in making emerging communications services available to What is community television? residents, schools, hospitals, and other Community T.V. is programming produced for specific communities on public and non - profit institutions. public, educational, and governmental access channels on cable T.V. Community The amendments Novak offered T.V. is mainly produced by community volunteers for their communities. on the Senate floor correspond to Community television programming includes coverage of city council meetings, high school sporting events, parades and festivals, and much more. One of the provisions already incorporated in the most widely watched community T.V. channels is Regional Channel 6. House companion measure, H.F. 620 (E. Olson, DFL- Fosston). The House How is community television funded? Regulated Industries & Energy Currently, community television is funded through fees cable companies pay Committee approved H.F. 620 ap- to cities based on their gross revenues for use of the public right -of -way. Cable proved earlier in the day. companies are required to provide channels that are available for community T.V. Separate legislation addressed free of charge. cities' concerns about how to provide Why is community television at risk? public access to new communications Community television is at risk because telephone companies are entering services and technology. However, the marketplace at an unfair advantage and actively competing to provide the neither S.F. 568 (J. Johnson, DFL- same T.V. programming that cable companies provide now. Specifically, North Branch) nor H.F. 857 (Kahn, telephone companies are not required by law (as cable companies are) to DFL- Minneapolis) received a hearing compensate the city for use of the public right -of -way. As cable viewers move to U.S. West's new "Video Dialtone," for example, those revenues will no longer be because of the strong opposition of the available for community television programming. Telephone companies are also cable and telephone industries. In- not required to provide channels for community use. Further, cable companies stead, the League and MACTA sought will seek to eliminate fees and channels for community T.V. because the lack of to include some elements of those regulatory parity would put them at a competitive disadvantage. Community proposals in the telephone deregulation programming is by law non - commercial and cannot sell advertising to generate legislation. Those elements included: revenues. • Clarification of local authority to What would the public lose if community television dies? regulate placement of wires, poles, The public would lose a valuable resource and community service. Commu- facilities, and other telecommuni- nity television has allowed viewers to access the political process in their living cations equipment on, below, or rooms, to watch their family and neighbors in community activities, and to share above streets, alleys or other important information about issues that affect them. public grounds; Why are community television and Minnesota cities interested in the • Recommendations to the 1996 telecommunications bill (S.F. 752/H.E 620)? state legislature on how the state We are concerned that sweeping changes are taking place in telecommunica- can ensure citizen access to local tions law with no regard for community television or cities' ability to manage the government and public access public rights -of -way. We must be involved in maintaining the public's access to programming equivalent to information and further shaping the economic development of our communities. requirements local cable operators are now required to meet. Prepared by the Minnesota Association of Community Telecommunications Administrators, Recommendations to the 1996 • March 30, 1995. legislature on the purpose, amount, April 7, 1995 Page 5 LMCIT introduces boiler and machinery coverage program Peter Tritz replacing the equipment as quickly as utilities. In some cases the actual risk possible, and for lost income or extra may have justified those rates and Boiler and machinery coverage expenses the city incurs while the terms, but in others the actual condition will be available May 1 as an optional equipment is down. of the equipment didn't seem to part of the package of coverages the LMCIT developed this new warrant the rates and deductibles that League of Minnesota Cities Insurance coverage option in cooperation with the were proposed. Trust offers to cities. This coverage Hartford Steam Boiler Inspection and Second, some cities, particularly can protect cities against the costs or Insurance Company (HSB), a recog- those with municipal utilities, had repairing breakdowns of a wide variety nized leader in providing this kind of questioned whether the premiums they of machinery. coverage. While boiler and machinery were paying for this coverage reflected Besides steam boilers and generat- coverage has generally been available the actual loss experience in Minne - ing equipment, the coverage also in the commercial market, the LMCIT sota. includes wastewater or water system Board decided to create a boiler and As with LMCIT's other coverages, pumps, agitators, controls or motors; machinery program for a couple the goal of the boiler and machinery air conditioning and heating equip- reasons. program is to make available to cities ment; electrical transformers, breakers, First, some cities faced substantial broad coverage designed to meet cities' wiring, etc. Essentially just about any premium increases and very high needs at a cost that reflects the actual stationary machinery that generates, deductibles when renewing their boiler losses cities incur. By collaborating transmits, or utilizes electrical or and machinery coverage on certain with HSB on this program, we're able mechanical power. The coverage equipment - most notably Diesel to take advanta of HSB's expertise in would pay for the costs of repairing or generators in municipal electrical inspecting and evaluating these risks, controlling losses, and adjusting claims. At the same time LMCIT's involvement gives cities the assurance that the coverage will continue to be City opening on POST Board available to cities on reasonable terms, and that the ultimate cost will reflect the actual losses incurred. Since the Joel Jamnik four municipal police officers (at boiler and machinery coverage is part least two chiefs of police), two of LMCIT's property /casualty program, The Peace Officer Standards former law enforcement officers, two the earned premiums and incurred and Training Board has an opening elected city officials from cities of losses from the boiler coverage will be for a member representing munici- under 5,000 outside of the metropoli- included in calculating any future pal peace officers. The Governor tan area, two peace officers, one who dividends from the program. will make the appointment to the is a member of the Minnesota LMCIT member cities and agents board, and city officials are Trooper's Association, and two should have received more detailed encouraged to apply. public members. The superintendent information on this new LMCIT The board meets monthly and of the Bureau of Criminal Apprehen- program within the past couple weeks. members receive a $55 per diem. sion is an ex- official member. Board If you have questions or need more Board responsibilities include members must file with the Ethical information, feel free to contract Pete licensing peace officers and part- Practices Board. Tritz or Tom Grundhoefer at the time peace officers, establishing The application deadline is April League offices, or call your underwriter minimum qualifications and 25, 1995. Applications may be at Berkley Risk Services. standards of conduct, and regulat- obtained by calling the Office of the Representatives of Hartford Steam ing professional education and Secretary of State at (612) 297 -5845; will also attend LMCIT's loss control continuing education for peace or in person at Room 174 of the State seminars this spring. While this won't officers. Office Building. For more informa- be part of the formal presentations, The board consists of 15 tion about the vacancy contact POST there will be an opportunity to talk with members, including two sheriffs, at (612) 643 -3060. FR them and with LMCIT staff in an informal round -table settin g at each seminar. Q Page 6 LMC Cities Bulletin Two Senate proposals would eliminate HACA Gary Carlson to provide increase funding for the tural credit aid program and convert the On Thursday March 30, Senator local government aid (LGA) program. savings to an expanded income John Hottinger (DFL- Mankato) If the constitutional amendment is adjusted homestead and renters credit introduced two bills that would adopted the bill would repeal the program and a new industrial property restructure Minnesota's local govern- homestead and agricultural credit aid tax credit program. To prevent shifts of ment finance system. program and the property tax targeting taxes to agricultural property, the bill S.F. 1556 proposes a constitutional Program. The constitutional amend- would phase in class rate reductions for amendment that would be voted on in ment would also provide a state certain types of agricultural property. the 1996 general election. The education property tax levy with a limit The industrial property credit amendment would establish a perma- of .75 percent of the market value of would apply to new construction or nent property taxpayers' trust fund. the total taxable property in the state. rehabilitation of existing industrial Sound familiar? The trust fund would The bill would extend the state property and would limit taxes to four receive 1.25 cents of the existing state sales tax to many business and personal percent of the market value. If the tax sales tax on all taxable sales except services including advertising, account- burden exceeds four percent, the state motor vehicles. The amendment would ing, credit reporting, legal services, and would pay up to a $50,000 credit as a dedicate half of the revenue to an consulting services. The bill would refund to the property owner. expanded direct property taxpayer also limit the clothing exemption to Both these bills are scheduled to relief program for homeowners and items with a total cost of less than $50. be heard on Thursday April 6 in the renters. The circuit breaker would be S.F. 1557, also authored by Senate Property Tax Subcommittee of renamed the homestead credit and Senator Hottinger with co- sponsors the Tax Committee. We will summa - renters' property tax refund act. The Keith Langseth (DFL- Glyndon) and rize committee progress in the April 14 other half of the revenue would be used Dallas Sams (DFL- Staples), would issue of Cities Bulletin. EE phase -out the homestead and agricul- Bill would regulate deposit and investment of public funds Andrea Atherton A bill regulating the deposit and officer would be authorized to sell receipt in writing and agree to handle investment of public funds was heard obligations purchased and credit or the account accordingly. in the Senate Metropolitan and Local charge profit or loss to the appropriate One substantive change would Government Committee Wednesday. fund. Designated financial institutions limit the use of reverse repurchase S.F. 1441 was authored by Senators would be required to furnish a corpo- agreements. Reverse repurchase Larry Pogemiller (DFL- Minneapolis) rate surety bond, or a specified form of agreements could only be entered into and Jim Vickerman (DFL- Tracy) and is collateral, to the extent that deposited to meet short-term cash flow needs for the result of the efforts of a work group funds exceed available federal deposit a period of 90 days or less. of local officials formed in response to insurance. Financial institutions would Senator Pogemiller offered two a growing concern among state finance be allowed to withdraw excess collat- authors' amendments which were officers in light of the recent Orange eras or substitute other collateral after adopted. The first excluded pension County crisis. giving written notice to the government investment funds from the definition of Individuals from various back- entity and receiving confirmation. "government entity" primarily because grounds including cities, counties, and The bill would also authorize the restrictions pertaining to them appear schools met to determine whether governing body to invest funds not in existing law. The second amend- similar risk existed in Minnesota and, if needed for other purposes in specified ment would create an exception so, whether certain restrictions were kinds of securities, but investment in allowing additional investment required. The bill is also an attempt to high -risk, mortgage- backed securities authority for government entities that get all the depositories, collateral, and would continue to be excluded. have certain written investment policies investment statutes in one place. Government entities would have to and procedures. The bill was re- The bill would authorize the provide brokers with a written state- referred to the Senate Tax Committee governing body to designate one or ment of investment restrictions prior to where further amendments are more financial institution as deposito- any initial transaction and brokers expected. fTT� ries of funds. The chief financial would have to acknowledge their April 7, 1995 Page 7 F reeze, continued from page 1 property taxes for taxpayers in 1996. Mayor Frank Salerno of Ely Other amendments included a provi- insisted that the loss of local control sion for the St. Paul school district to was a major city concern. He testified government goods and services, issue bonds to complete a high school that state legislators must not trust or Unlike the levy limits imposed during and a provision restricting levy respect local officials if they are the 1970's and 1980's, this levy limit increases for unfunded police and fire offering legislation such as the freeze. would apply to all cities. Cities could pension liabilities. Mayor Salerno stated that the city only exceed this limitation if the voters The list of people testifying councils and mayors may not be approve the excess increase. included numerous representatives of necessary if the legislature continues The bill would also repeal many cities, schools, and counties. along this path. provisions of the school aid and local Minnetonka Mayor Karen Anderson, League Executive Director Jim government aid system including LGA Ely Mayor Frank Salerno, and League Miller summarized a brief survey and HACA effective for 1998. The Executive Director Jim Miller testified conducted by the League about the Legislative Commission on Planning on behalf of the League of Minnesota impact of the property tax freeze. and Fiscal Policy would study the issue Cities in opposition to the bill. Mayor According to responses from city of property tax reform and make Karen Anderson told the committee officials, cities would have to cut recommendations by January 1, 1997. that city levy increases from 1994 to services, delay infrastructure projects, After almost five hours of discus- 1995 were modest when compared to and even forego state and federal grant sion and debate on Tuesday, the Senate the levy decisions of other local units money requiring a matching local Tax Committee approved the bill on a of government. On average, city levy contribution. Miller presented the 12 to four party line vote. During the increases for 1995 were slightly less survey results as an analysis of committee discussions, several amend- than five percent statewide. Total levy unintended consequences of the ments were added to clarify restrictions for all local government increases property tax freeze legislation. Al- on the issuance of new debt. These average 6.3 percent for the same though the committee seemed inter - amendments allow new bond issues as period. Mayor Anderson also told the ested in the presentations by the long as the overall levy of the city committee that nearly 30 percent, or League of Minnesota Cities representa- would not increase. Senate Moe's 245 cities either froze their payable tives, the bill was still ultimately litmus test for each amendment 1995 levies or actually reduced them passed. required that no amendment increase below the 1994 certified levels. Other testifiers included Dan Elwood, City Manger of Spring Valley and President of the Minnesota Those who voted for the Those who voted against the Association of Small Cities, Tim Flaherty, lobbyist for the Coalition of property tax freeze property tax freeze Greater Minnesota Cities, and Richard Fursman, City Administrator, Andover. Anderson Metzen Belanger Limmer It's important to note that the Beckman R.D. Moe Berg Marty property tax freeze is not yet law. It Berglin Mondale Day Merriam has simply 1 been approved b the Bertram Morse Dille Neuville PP Y Betzold Murphy Frederickson Oliver Senate. Chandler Novak D.E. Johnson Olson Will the bill become law? The Chmielewski Pappas Johnston Ourada property tax freeze proposal has Cohen Piper Kelly Pariseau tremendous political overtones. If Finn Pogemiller Kiscaden Robertson ultimately vetoed by the governor, he Flynn Price Kleis Runbeck could be blamed by the DFL for all Hanson Ranum Knutson Scheevel property tax increases in 1996. On the Hottinger Reichgott Junge Kramer Spear other hand, the balance of this Senate Janezich Riveness Laidig Stevens DFL budget proposal would restore the D.J. Johnson Sams Larson Terwilliger J.B. Johnson Samuelson Lesewski governor's proposed $77 million of aid Krentz Solon reductions to cities and counties. If the Kroening Stumpf governor demands a restoration of his Langseth Vickerman $220 million excess budget reserve, Lessard Wiener aid reductions could still occur. Hold onto your budgets for the next six weeks. K Page 8 LMC Cities Bulletin I t 71 *7W oZv your chance *-.k to shine Nominations are o en or the 1995 C.C. Ludwig, Leadershi , and City Achievement Awards 1995 C.C. Ludwig and Leadership Awards _ The C.C. Ludwig Award honors elected city officials. The Leadership Award honors appointed city officials. These awards recognize outstanding leadership, the pursuit of excellence in *7W 9 9 p- p 7W municipal government, and unselfish concern for public welfare. 1995 City Achievement Awards The City Achievement Awards recognize and encourage innovation and excellence in city government. Award categories include • communications, • community development, • public safety, • cooperation and consolidation, and • management. gliese prestigious awards wiff be presented at the League's annual conference, Yune 13- 16,1995, in Duluth. De 4%ft for appCuatioa. is Apid 14, 1995. For more information on the awards program calf the League at (612) 490 -5600 or (800) 925 -1122 April 7, 1995 Page 9 Minnesota women in city government annual yg membership meeting set for June 14 Ann Higgins to be held Wednesday, June 14, from Minnesota Association of Small Cities, 11:45 a.m. to 1:15 p.m. in the Goose- will be the featured speaker. Members and interested city berry Room at the Duluth Entertain - The annual membership meeting officials are invited to attend the annual ment Convention Center during the will also feature the election of MWCG membership meeting of Minnesota 1995 LMC Annual Conference. Nancy officers and board members for 1995- Women in City Government (MWCG), Larson, Executive Director of the 96. Current officers and board mem- bers are: .......... ............................... President: Tamara Miltz- Miller, Hugo Vice President: Betty Herbes- Wenberg, Crystal MWCG annual meeting registration Treasurer: Sharon Leintz, Maple Lake Return no later than June 6 to request your meal to Secretary: be delivered. Betty Sindt, Lakeville Past President: Name J. Diann Goetten, Orono Title 1995 -96 Board Members: Liz Witt, Eagan Address Donna Mae McCamish, Ellendale Kathleen Sheran, Mankato City Zip Jo Ellen Hurr, Long Lake Phone If you are interested in serving as a MWCG officer or board member, contact Betty Sindt at (612) 469 -3620. MWCG member. Yes No Three MWCG Board positions are open for election as well as the offices of Vice President and Secretary. Lunches will be delivered to the I plan to attend the 1995 MWCG Annual Membership Meeting: MWCG meeting for those registering to attend this meeting prior to June 6. Please complete the form below and I am interested in joining Minnesota Women in City Government: return it to Darlyne Lang by June 6 to ensure that meal delivery arrangements Return to: Darlyne Lang, LMC Office, 3490 Lexington Avenue N., can be made in advance. If you decide St. Paul, MN 55126 to attend during the conference, simply pick up your meal at the Exhibitors Lunch and bring it along to the ......... ............................... meeting. NE Page 10 LMC Cities Bulletin Bill summaries local policies, curriculum changes, or business sites where the cost of the The Cities Bulletin lists modifications in spending priorities clean-up exceeds the property's value. authors of bill summaries by their unless the amount of revenue required Contractors and consultants would initials. to pay for the mandate is identified in have to register to participate in the GC—Gary Carlson state law or rule and funding is program and certain requirements AH —Ann Higgins provided. JJ would have to be met, including JJ —Joel Jamnik obtaining specified liability insurance. Environment This bill would be retroactive to June 4, Wastewater infrastructure funding 1987. JJ extended to basic assistance grants Agriculture H.F. 1578 (Goodno, Bettermann, State to return half of solid waste Daggett, Dauner, Otremba) (Environ- assessment revenues to counties Nonpoint source pollution S.F. 1254 Samuelson (Environ- management loan programs ment & Natural Resources) would (Samuelson) extend the wastewater infrastructure ment & Natural Resources) would S.F. 1398 (Morse, Murphy, funding program to include basic require the Department of Revenue to Bertram, Sams) (Agriculture & Rural return to certain counties half of the Development) would modify the assistance grants {set at 50 percent of the total project cost) to cities outside revenues collected as solid waste agriculture best management practices the metropolitan area. The bill would assessments from waste generators. and clean water partnership loan Waste collectors and facilities would be programs to provide for state loans to bar coverage of costs for collection local governments and other entities for system expansion or improvements, required to account for assessments except for storm and sanitary sewer collected in these counties separately landowner and business loans, capping separation and projects ordered by the from other assessments collected. The loans to individual borrowers at Pollution Control Agency to correct affected counties would be Benton, $50,000. Local governments would be inflow and infiltration problems. JJ Brown, Clay, Cottonwood, Goodhue, allowed to use general obligation notes Kanabec, Kandiyohi, Lyon, Morrison, to obtain state loans for the program. Individual sewage treatment systems Polk, Renville, Rice, Steele, and JJ rules delayed and modified Winona counties. JJ Education S.F. 1238 (Dille) (Environment & Natural Resources) would extend the Finance & Taxes Local governments authorized date by which local ordinances are Roseville TIF exemption purchase Community or Technical required to comply with state rules H.F. 1406 (McGuire, Greiling) Colleges for $1 governing individual sewage treatment (Local Government & Metropolitan H.F. 1591 (Kraus, Bishop, Carlson, systems from 1996 to 1998. Certain Affairs) would authorize the city of Dorn, Bettermann) (Education) would practices would be allowed in areas Roseville to create special service allow a school district, town, city, or with historically high water tables. districts to provide city services, county to purchase a community or Variances could be based on economic landscape and streetscape improve - technical college within its jurisdiction hardship rather than costs. PCA rules ments. The bill would allow an to be used for a public purpose. Local would be barred before July 1, 1996 exemption from the LGA/HACA government purchase applications and proposed rules would be required penalty for the hazardous substance would be due by December 1, 1995. to be submitted to the Legislative Water subdistrict in TIF district No. 11. GC The bill would require legislative Commission. JJ approval, transfer of educational Maintenance of effort requirements equipment to another post- secondary Monetary limits on petroleum tank removed from libraries and human facility, and a plan for employee release clean -up payment program services options. JJ S.F. 1253 (Samuelson) (Environ- H.F. 1498 (Lynch) (Local Govern- ment & Natural Resources) would ment & Metropolitan Affairs) would School districts exempt from state change the Department of Commerce delete certain maintenance of effort mandates unless funding provided petroleum tank release clean-up requirements for libraries from cities S.F. Scheevel, Kle s) (Education) Kramer, program to limit payment to $2,500 and school districts. The limit on exempt school (Edation) would plus five percent of eligible costs, up to regional library basic system support exempl districts from ci - $7,500 per occurrence, for corrective grants for districts which reduce their ance with state mandates affectting actions at residential and small levies would be removed and the per school boards' authority to establish April 7, 1995 Page 11 Bill summaries continued capita amount for local library support Property tax refund program business. The business subsidy would levels would be capped at the amount extended to seasonal recreational use be calculated as the sum of state tax determined for calendar 1995. The bill H.F. 1682 (Bakk, Rukavina, expenditures benefiting businesses, would also change the maintenance of Johnson, Tomassoni, Anderson) revenue derived from tax increments, effort relating to human services (Taxes) would provide an income tax increased education aid due to tax activities, set a base level of expendi- credit for property taxes paid on increment financing, and economic tures for counties at 15 percent of seasonal recreational property. The bill development grants and loans. GC allocated chemical dependency funds, would allow property owners to claim and eliminate the maintenance of refunds both as homeowners or renters 10 year period for increased market effort provisions for community social and as owners of seasonal recreational value of vacant platted land service act plans and child care property. Minimum tax payments S.F. 1425 (Sams, D. Johnson, assistance allocations. GC based on household income would be Belanger, Hottinger, Reichgott Junge) established. GC (Taxes) would extend the time period LGA used to fund metropolitan over which the market value of vacant revitalization Aid distribution council pilot project platted land in cities with populations H.F. 1627 (Van Dellen, Pawlenty, S.F. 1376 ( Reichgott Junge) under 5,000 is increased to its highest Abrams, Lynch, Haas) (Local Govern- (Taxes) would require the Board of and best use value from three years to ment & Metropolitan Affairs) would Government Innovation and Coopera- 10 years. GC establish the metropolitan revitalization tion to provide grants to local govern - fund to provide tax incentives and ment applicants to establish aid Property tax class rates reduced make an appropriation for housing and distribution councils which would S.F. 1435 (Runbeck, Belanger, economic revitalization. The bill determine the allocation of state aid to Oliver, Robertson) (Taxes) would would make statewide changes in the local governments, except school change the property tax class rates local government aid formula, includ- districts and would appropriate from two percent to one percent on ing elimination of the grandfather and $500,000. Reports to the legislative tax class 1 a property valued over $72,000, using the savings to target aid and fund committees would be due by January from .45 percent to .36 percent on class a metropolitan revitalization fund. (See 1996 and 1997. GC lb property value up to $32,000, and article in the March 31 Bulletin). GC from one percent to .79 percent on City and county aids restructured class lc property. Net rates on class 2a Senior citizen property taxes S.F. 1392 (Pappas) (Taxes) would property would be cut to .36 percent on deferred restructure city and county property tax the first $115,000 and .79 percent on H.F. 1636 (Carruthers, Kelso, aids, folding HACA for cities in 1996 values up to 320 acres, and 1.19 Luther, Murphy, Van Dellen) (Taxes) into the 1996 LGA distribution. LGA percent thereafter. Net rates on class would provide a property tax deferment would be distributed in a two -part 2b property would be cut to 1.19 for seniors age 65 or older who have formula based on local needs and tax percent, on class 3a property to 2.37 owned and lived in their home for at base equalization. A 12- member percent on the first $100,000 and to least 15 years, whose household Commission on Local Government 3.63 percent thereafter, and on class 3b income is $40,000 or less, and who are Finance, including 10 legislators, property to 1.82 percent on the first not delinquent with their taxes. The would be established to consider $50,000 and 2.84 percent thereafter. bill would limit the total deferral to 90 proposals for reform of the state and On class four property, net rates would percent of the property's market value, local fiscal system and report by be cut to 2.69 percent for 4a, to 1.82 deduct refunds from deferred tax, and February 15, 1996. GC percent for 4b and 4c with other rates establish a lien for deferred tax. Any for certain 4c properties, and to 1.58 tax attributable to new improvements State business subsidies to be listed percent for 4d and the first $72,000 for could not be deferred. Termination of in truth in taxation notices certain noncommercial 4c property. deferral would occur on request, S.F. 1403 (Chandler, Pappas, The net rate on class five property transfer of the property, death, or Kroening) (Taxes) would require that would be cut to 3.63 percent. The failure to qualify as homestead prop- truth in taxation notices state the annual target class rate provision would be erty. The state would reimburse amount of state subsidies provided to eliminated. GC counties for deferred taxes. Compan- ion to S.F. 179. GC Page 12 LMC Cities Bulletin Bill summaries continued Temporary partial salaries of two 4b property, respectively, except that p y pa property tax Provide fob titles and salan o p pe y, pe y, p exemption for new business highest -paid non - elected employees reductions scheduled for later years buildings at truth in taxation hearing would be eliminated, and alternate S.F. 1438 (Dille, Bertram) (Taxes) S.F. 1475 (Runbeck, Drainer, valuation under Laws 1991, Chapter would provide a temporary property Hottinger) (Taxes) would require that 291 would be removed. The initial tax exemption for a portion of the value the job titles and salaries of the two class rate for class 4c property would of newly constructed commercial and highest -paid non - elected employees of be increased to 3.5 percent for the industrial buildings and structures and the taxing jurisdiction be provided at remainder of cabins or units and the newly constructed farm buildings and the truth in taxation hearing. JJ general class rate would be set at 2.5 structures other than a farmhouse or percent. The rate for class 5 property garage. A portion of the market value Fairmont TIF exemption would be set at five percent. The of such property would be exempt for S.F. 1477 (Beckman) (Taxes) Commissioner of Revenue would be up to five years, on a declining basis would exempt a tax increment financ- required to pay transition aid to local which would begin at 75 percent and ing district in the city of Fairmont from governments based on the difference decline by 15 percent each year. The the LGA/HACA penalty. GC between a unit's basic property tax and bill would bar a reduction in value its local tax rate. Any levy in excess of below the market value of the property Faribault to receive $250,000 for the basic levy would be subject to voter prior to the construction. GC economic development approval. Additional tax refunds S.F. 1496 (Neuville) (Taxes) would would be authorized where the gross Municipal tax abatement districts appropriate $250,000 to the Depart- property tax increases more than 10 established ment of Trade and Economic Develop- percent from the previous year. GC S.F. 1454 (D. Johnson) (Taxes) ment to be used by Faribault's eco- would allow municipalities to designate nomic development authority for loans Sales tax refund for materials and areas as tax abatement districts based to companies for expansion and supplies used in construction of new on the need to increase the local tax relocation. Employers would be affordable rental housing base, provide affordable housing, required to give preference to employ- S.F. 1616 (Milbert, Dawkins) stimulate economic development, or ees of the regional treatment center (Taxes) would allow applications for remedy blighted conditions. Published when hiring. The bill also authorizes tax refunds of sales and use tax notice and a public hearing would be the creation of an economic develop- collected on construction materials and required. The bill would authorize an ment tax increment financing district supplies used for new low and moder- exemption for all improvements for with various exemptions such as the ate - income rental housing which will three years, an exemption of a declin- LGA/HACA penalty and duration be owned by an HRA, where such ing percentage of the value of the requirements. GC housing is financed, at least in part, by improvements for 10 years, or a full low- income tax credits, and the entity exemption of all improvements on Property tax class rate changes, local who owns the property during con - specified property for 10 years. GC limits, and referenda struction continues in ownership for at S.F. 1505 (Novak, Metzen, least five years while the housing is Use of tax increments for employer Belanger) (Taxes) would change the rented. The refund for materials would subsidies limited net rate on the first $32,000 in value of be limited to cover only those used in S.F. 1474 (Runbeck, Kramer, class lb property and the first $115,000 low and moderate - income units. GC Hottinger, Beckman, Olson) (Taxes) in value of class 2a property to .5 would bar the use of tax increment percent of market value. The class rate Houses valued $300,000 or more revenues to pay subsidies or induce- on the first $100,000 of commercial included in "This Old House" ments to employers unless they enter industrial property would be increased program binding agreements to pay wages from three to 3.5 percent and the rate S.F. 1619 (Long, Wagenius) which are at least equal to 135 percent for the value in excess of $100,000 (Taxes) would include homes valued at of the state minimum wage to all would be reduced from 5.06 percent to $300,000 or more in the "This Old employees at a site located within a tax five percent. The 1992 and 1993 class House" property tax incentive program increment financing district. JJ rates would be retained for class 4a and if the home is located in a city or town April, 1995 Page 13 Bill summaries continued where at least 45 percent of the homes residential nonhomestead property Benefits of convention centers to be were constructed prior to 1940, rental (such as apartment buildings) would be studied units make up at least 45 percent of the required to post a copy of the state- H.F. 1565 (Hausman, Bishop, housing, and the city or town's median ment in the common area of their Trimble, Huntley) (International Trade value for owner - occupied housing is property. JJ & Economic Development) would less than the statewide median. GC require the Department of Trade and "Dangerous dog" definition and laws Economic Development to conduct a Gamblin g Y changed statewide stud of the benefits of Trade area designation and permit H.F. 1490 (Jefferson) (General publicly -owned civic and convention requirements for local gambling Legislation, Veteran's Affairs & centers. Study results would be H.F. 1564 (Holsten, Mares, Pugh, Elections) would redefine "dangerous reported to the House Capital Invest - Tomassoni, Dehler) (Government dogs" to mean any dog who has, ment and Senate Finance Committees. Operations) would allow cities to without provocation, bitten or other- JJ designate, for purposes of limiting wise harmed a person (current law expenditures of net lawful gambling requires substantial harm). County New laws for the investment of profits, that a trade area may include all certificates of registration for such dogs public funds or part of any city that lies within the would be barred if the owner has been H.F. 1567 (Long, Simoneau, same school district as the designating convicted of violating the dangerous Bishop, Osskopp, Schumacher) city. Cities and counties would be dog laws more than twice. The bill (Financial Institutions & Insurance) allowed to enact ordinances setting would allow seizures based on prob- would set new standards for public reasonable reporting requirements for able cause and owners would be fund depositories and investment. The organizations with permits for lawful required to deliver their dog to the law would apply to all government gambling within their jurisdictions for animal control authority upon request entities, including retirement funds and the purpose of determining organiza- or be subject to a petty misdemeanor public corporations. Financial institu- tion compliance. In addition, cities and penalty (up to $200 fine). The Depart- tions would be required to furnish counties would be allowed to set, as a ment of Public Safety would be security or surety bonds for deposits condition for permit approval, a required to maintain conviction over federal insurance limits and minimum percentage of an records, and people convicted would be allowable forms of collateral in lieu of organization's members who must be required to notify the county upon surety bonds would be specified. city or county residents at the time of moving into a new county. A civil Investment standards for public funds local notice. JJ penalty of up to $500 would be would be set, limiting investments in imposed. JJ commercial paper (short term in top General Government quality category) and setting require - Changes in summary budget Approval required for metropolitan ments for brokers who invest in public reporting date and publication areawide distribution levy increases funds. Allowable contracts and requirements H.F. 1494 (Dawkins) (Local agreements for investment of public H.F. 1460 (Greiling, Perlt, Government & Metropolitan Affairs) funds would also be specified. JJ McCollum, Broecker, Rest) (Local would require that metropolitan Government & Metropolitan Affairs) governmental units (except school Changes to public debt issuance would change the date for cities to districts) whose distribution levy under procedures and use submit summary budget information to the areawide pool is increased from S.F. 1393 (Pogemiller) (Taxes) the State Auditor from December 31 of their levy for the prior year, submit would make several changes in public the year preceding the budget year to applications for the increased amount debt issuance procedures including the January 31 of each budget year. The to the Board of Government Innovation removal of certain requirements for the bill would allow cities to publish and Cooperation. Funds would be sale of port and economic development summary budget statements in a city escrowed for two years for denied authority bonds, the addition of tax newsletter or other mailing to all applications and then would be increment financing provisions for taxpayers, rather than in the official returned to the areawide pool for hazardous substance subdistricts, newspaper. If the statement is not distribution as an equal percentage modification of provisions relating to published in the newspaper, owners of increase. JJ recreation programs by local govern- Page 14 LMC Cities Bulletin Bill summaries continued ments and school districts, and the hours emergency number, billing tan Council members' salary would be allowance of municipal bonding for options, and a deferred payment set at $20,000. Higher education board youth indoor ice arenas. Many other agreement option. Immediate notice of chancellors and higher education changes would be made. JJ disconnections would be required to be coordinating board directors salaries given to the Public Utilities Commis- would be limited to 95 percent of the "Taking" under eminent domain sion. Disconnections would be barred Governor's salary. Salary limit waivers definition modified on weekends and holidays. JJ would be allowed to attract or retain a S.F. 1115 (Merriam) (Judiciary) qualified person. Local government would change the definition of a Data privacy changes compensation is not affected by the bill "taking" of private property under S.F. 1279 (Finn, Knutson, Ranum, as introduced. JJ eminent domain to "acquisition, Merriam, Kiscaden) (Judiciary) would destruction, or damage to private bar state or local agencies from New certification requirements for property for public use." The bill denying access to government data fireworks display operators would specify that rights which are based on an intellectual property claim S.F. 1503 (Stevens, Solon) compensable under the state and without specific statutory authority. (Commerce & Consumer Protection) federal constitutions, rather than rights Temporary classifications would expire would require that fireworks display of access, air, view, and light as after the end of the second annual operators be certified by the state fire provided by current law, are the rights regular legislative session. Actions for marshal, and that the marshal adopt and which may be acquired by road damages due to violations of data disseminate guidelines on fireworks authorities. JJ privacy would survive the death of an safety. Display operators would have injured party. Judiciary data would be to be at least 21 years of age, receive a Nonfelony enforcement advisory removed from the state data classifica- passing grade on an approved exam, committee's duties expanded tion system making it subject to and submit evidence of experience with S.F. 1205 (Spear) (Crime Preven- supreme court rules. A training fireworks displays. The bill would also tion) would require the nonfelony program on public information policies require written reports of damages or enforcement committee to include an for state and local officials employ- injury due to fireworks displays. JJ analysis of penalty levels for crimes for ees would be established. Other which both felony and nonfelony classifications and modifications would Labor penalties exists. The bill would extend be made. JJ Mandatory overtime prohibited after the committee and the report deadline three consecutive weeks date from October 1, 1995 to Decem- Town, city, and county ordinances H.F. 1609 (McCollum, Bakk, ber 15, 1996. JJ codified and placed in law library Carruthers, Rukavina, Anderson) S.F. 1396 (Knutson, Pariseau, (Labor - Management Relations) would New utility disconnection procedures Betzold) (Metropolitan & Local prohibit employers from requiring S.F. 1231 (Anderson, Kelly, Government) would require towns, employees to work more than 40 hours Novak) (Jobs, Energy & Community cities, and counties to codify and print per week for more than three consecu- Development) would replace existing their ordinances, rules, and resolutions tive weeks, except in emergencies. laws governing utility disconnection in and provide them to the county law Employees could work additional cold weather and the cold weather rule. library or its designated depository. JJ hours if they agreed to do so. JJ The bill would allow disconnection for households with incomes over 250 State employee salary limits based on Median figures used to determine percent of the federal poverty level if Governor's salary hours and wages under the the health and safety of any household S.F. 1406 (Terwilliger, Riveness, Prevailing Wage Law resident would not be endangered due Johnson, D., Spear, Merriam) (Govern- S.F. 1459 (Stumpf, Langseth, to age, youth, or mental or other mental Operations & Veterans) would Vickerman, Bertram, Sams) (Jobs, infirmity. The utility would have the adopt a new salary schedule for various Energy & Community Development) burden of proof that a household meets unclassified state employees and would change the state prevailing wage the disconnection requirements. commissioners based on specified law governing wages on public Personal contact with a responsible percentages of the Governor's salary. contracts to use a median figure for 0 adult member of the household would Two salary groups would be estab- determining hours and wages. The bill be required prior to and at the time of lished: group I could earn up to 85 would specify that median hourly disconnection. Additional notices percent of the Governor's salary, and compensation would include contribu- would be provided, including an after- group 1I up to 75 percent. Metropoli- tions for pension, vacation, health, and April 7, 1995 Page 15 Bill summaries continued other benefits. Payment of prevailing required to adopt rules governing the officers be filled by full -time employ - wage rate would not be required if the licensing of railroad peace officers. ees in a professional peace officer rate was not expressly provided in the The bill would also make entering an training program and that the city contract specifications, request for instrument of common carriage as representative be changed to a higher proposal, and the contract itself. burglary with the requisite intent the education administrator from an Independent contractors would be crime of burglary in the second, third, institution offering a professional peace exempt from prevailing wage rates. or fourth degree depending upon the officer training program. The bill Companion to H.F. 1108. JJ particular offense. Interrupting or would also require that Metro State delaying service to the public would be University and Minneapolis Commu- Public Safety added as a element of criminal damage nity College modify their law enforce - POST to review standards of to property in the first degree. Trespass ment Iicensing programs to allow conduct and develop model policy on a locked instrument of common students to complete core courses H.F. 1360 (Skoglund, Leighton, carriage would be a gross misdemeanor within two consecutive quarters. An Rhodes, Orenstein, Jefferson) (Judi- while trespass on a railroad right -of- appropriation of $8,400,000 to the ciary) would make an appropriation way would be a misdemeanor. This Board for the next biennium would be and require the Peace Officers Stan- bill would be effective August 1, 1995 made to fund educational programs and dards and Training Board to review its and would apply to crime committed expenses. JJ minimum standards of conduct for on or after that date. JJ possible modification in 1998 and Transportation every three years thereafter. The Civil immunity for emergency Transit authority transferred to Board would also be required to medical services personnel Department of Transportation compile information on officers H.F. 1420 (Winter) (Judiciary) H.F. 1675 (Osthoff, Marko, convicted of violating fifth- degree would exempt emergency medical Jefferson, Rhodes, Pugh) (Transporta- misdemeanor assault laws and report to services personnel from civil liability tion & Transit) would transfer the the legislature b January 1 1997. A for loss to person or property arising g Y azY P Pe Y g authority for transit planning, coordina- model policy for peace officers' from the administration of emergency tion, financing, and operations from the professional conduct would be devel- medical services, absent willful and Metropolitan Council to the Depart- oped by the Board and distributed to wanton or reckless conduct. JJ ment of Transportation. The Commis - chief law enforcement officers. Local sioner would be required to adopt a law enforcement agencies would be Bachelor's degree and professional light -rail transit plan. JJ required to have a written policy on program required for peace officers unprofessional conduct by July 1, S.F. 1248 (Kelly, Merriam, Spear, Transportation Regulation Board 1996. A study would be conducted on Cohen, Belanger) (Crime Prevention) abolished resources available to officers needing would require the Peace Officers S.F. 1329 (Murphy, Riveness, job - related professional counseling. JJ Standards and Training Board to adopt Krentz, Langseth, Wiener) (Transporta- rules for certifying professional peace tion & Public Transit) would abolish Railroad peace officers and crimes officer education programs at colleges the Transportation Regulation Board against instruments of common and universities by September 1, 1997- and transfer all its duties, powers, and carriage A task force would assist the Board and functions to the Commissioner of H.F. 1385 (Tunheim, Krinkie, report to the Legislature by July 1, Transportation. Positions and incum- Delmont, Olson) (Judiciary) would 1996. After July 1, 1998, a bachelor's bents, other than appointed members, authorize the Commissioner of Public degree and completion of a profes- would also be transferred to the Safety to appoint qualified railroad sional peace officer education program Department of Transportation. JJ employees as railroad peace officers to would be prerequisites to licensure by supplement and assist law enforcement the Board. This bill would apply Omnibus transportation funding bill agencies on railroad property. Railroad prospectively after July 1, 1998. JJ S.F. 1536 ( Langseth) (Transporta- peace officers would have the same tion & Public Transit) provides powers, privileges, and immunities as POST board membership changed unspecified appropriations to the other law enforcement officers and the S.F. 1286 (Kelly, Spear) (Crime Departments of Transportation and railroad companies would be liable for Prevention) would change the member - Public Safety, Metropolitan Council actions within the scope of their ship of the Peace Officers Standards Transit Operations, and Transportation employment. The Peace Officers and Training Board to require that the Regulation Board. JJ Standards and Training Board would be two positions currently filled by former Page 16 LMC Cities Bulletin Iraining/C onferences LMCIT Loss Control Workshops Sixth Annual Transportation Re- Sixteenth Annual National Meter LMC Insurance Trust search Conference Reading Conference April 5— Onamia University of Minnesota Memphis Light, Gas and Water April 6—St. Cloud May 2- 3— Minneapolis Division April 12 —Saint Paul (612) 626 -1632 June 7 -9— Memphis April 18— Marshall (901) 528 -4631 April 19— Mankato 1995 Skill- Building Seminars April 25— Rochester Minnesota Office of Dispute LMC Annual Conference April 26—St. Louis Park Resolution League of Minnesota Cities May 3— Crookston May 10 -11; September 20 -21; June 13 -16— Duluth May 4— Hibbing November 8 -9; June 14-19; (612) 490 -5600 (612) 490 -5600 October 12 —New Brighton (800) 925 -1122 (800) 925 -1122 (612) 296 -2633 Lakeside Learning Conference Fundamentals of Minnesota Envi- Conference on Access to Electronic Minnesota Association of Small Cities ronmental Law Compliance Public Records August 10 -11— Detroit Lakes Government Institutes, Inc. U of M Journalism April 10— Bloomington May 17— Minneapolis LMC Clerk's Orientation (301) 921 -2345 (612) 625 -8095 League of Minnesota Cities August 22- 24—LMC office Minnesota's White House Telecommunications Conference (612) 490 -5600 Conference on Tourism Government Training Service (800) 925 -1122 State of Minnesota May 17 -18— Bloomington April 13— Duluth (612) 222 -7409 LMC Regional Meetings (218) 722 -1202 League of Minnesota Cities Fifth Annual Minnesota Conference September 26, 27, 28 Tools for Tomorrow on Pollution Prevention: Making October 3, 4, 5, 17, 18, 19, 24, 25, 26 1995 BAM Conference Dollars and Cents Out of Pollution (612) 490 -5600 Builders Association of Minnesota Minnesota Office of Environmental (800) 925 -1122 April 19— Minneapolis Assistance 1995 LMC Policy Adoption (612) 646 -7959 June 7— Minneapolis Conference (800) 654 -7783 (800) 643 -3843 League of Minnesota Cities LMC and MCHRMA Spring (612) 296 -0237 November 17 —St. Paul Human Resources Conference (612) 490 -5600 April 20- 21— Bloomington (800) 925 -1122 (612) 490 -5600 Ninth Annual Local Government Sports &Events Management i Conference Spotlight Conference International City /County Management Association April 20- 22— Atlanta, Georgia Reminder (202) 962 -3652 For those of you who are still interested in attending the Spring Urban Storm Water Quality Human Resources Conference, please complete and return your registra- MN /WI Storm Water Conference % tion forms as soon as possible to ensure a place. April 25— Hudson, WI If you need a registration form or would like addition information, (715, 836 -4199 j please call Paul Ness, LMC Personnel Specialist at (612) 490 -5600 or (800) 925 -1122. H I I April 7, 1995 Page 17 Municipal ads regulatory functions of the lake. It is Municipal ads are printed at no charge to member cities. Ads run in one governed by a 14 member board, one issue only unless notice is received to run a second time. The Cities Bulletin is member appointed by each member city. published weekly during the legislative session and once a month during the The executive director is the executive and interim, the time between sessions. Municipal ads will appear in the next operating officer, responsible to the Board available Cities Bulletin. Cities have the right to reject any or all bids on for LMCD's overall operation. Among equipment or proposals, and to waive any informalities there. Minnesota criteria to be considered in evaluating cities are equal opportunity employers. candidates are: Bachelors or advance degree, preferably in public administration or related field; At least seven years government or relevant private sector Positions previous administrative and supervisory experience, including management and BUILDING OFFICIAL. The Town of experience or training highly desirable. administration; Knowledge and experience Benefits include health insurance, pension, in administration of local government land Rice Lake is accepting applications for a paid vacation and holidays. Applications use and building regulations and project State Certified Building Official. Respon- should include a John Doe investigative management. Strong interpersonal skills; sible for plan review and inspection of all report on any chosen criminal complaint Experience in intergovernmental relations; construction activities. Also responsible for authored b the applicant. Present sal budgeting, finance, account - some planning activities and zoning y PP salary Government budetin enforcement to varying degrees in the town. range is $31,000 to $36,000. Applications ing; Computer competence. Resume and should be labeled, "Police" and be letter of qualifications and interest by April This position requires a solid code submitted to the attention of: Daryl 28, 1995 to: Chair, Search Committee, background and mature judgement in Zimmer, City of Goodview 4140 Fifth Lake Minnetonka Conservation District, interpretation of the codes and ordinances. Street, Goodview, MN 55987. 900 E. Wayzata Blvd., Room 160, Wayzata, Must have good public relations skills. CITY ADMINISTRATOR. Lauderdale MN 55391. Valid class C drivers license is required. (population 2,710) has an immediate LINEMAN. Barnesville (population Salary DOQ. Send resume by April 10, opening for the position of City Administra- 2,098) is seeking applications for the 1995 to Town of Rice Lake, Attn: David tor. This osition reports directly to a five Reim, Admin. Asst. 4107 W. Beyer Road, p P Y position of lineman. Applicants should member council and is responsible fora high school graduates and have either two Duluth, MN 55803. $1M budget, five full -time employees and years and 200 hours of "hot time" or have BUILDING OFFICIAL. The Joint 10 seasonal part-time employees. Mini- graduated from a Technical College Powers Board of the cities of Sandstone, mum qualifications include strong interper- Lineman program. A full job description Hinckley, and Pine City is accepting sonal communications, one year municipal and application may be obtained by applications for a State Certified Building experience, a four-year degree in Public contacting city hall at (218) 354 -2292 or by official. Responsible for plan review and Administration or related field, previous writing to PO Box 550, Barnesville, MN inspections of all construction activities. computer experience and ability to travel in 56514. Starting salary DOQ plus excellent Also responsible for some planning the metropolitan area as needed. Res onsi- P P benefits. Application deadline is April 17, activities and zoning enforcement to bilities for this position include meeting the 1995. varying degrees in each city. This position goals and objectives of City Council, PROFESSIONAL CONSULTANT. requires a solid code background and budgetin human resources, and supervi- The Office of the Legislative Auditor, a mature judgment in interpretation of the Sion. Previous experience in redevelopment nonpartisan legislative research office, codes and ordinances. Must have good a plus. Starting sal is $30,000 to public relations skills. Valid Class "C" P g azY seeks a professional consultant with drivers license is required. Salary DOQ. $35,000, depending upon qualifications. experience in property assessments to assist Hi Call Kay McAloney at (612) 490 -5600, its review of local governments' property Send resume by April extension 282 for application materials. assessment practices. The office was Powers Board, City of Hinckley, Joint PO Box Applications will be accepted until 4:30 charged by the 1994 Legislature with 366, Hinckley, MN p.m. Friday, April 21, 1995. Send applica- determining what methods of local CHIEF 0 POLLICE. ICE. Goodview, tion, letter of introduction, resume and other government service delivery are the most (population 3,,000) is acceptting ing applications ations for Chief of Police. City is located along completed materials to Kay McGlone Y , effective. The consultant would provide the Mississippi River in Southeastern MN, Personnel Advisor, League of Minnesota technical expertise on property assessment Cities, 3490 Lexington Avenue North, St. and appraisal strategies for this project on a 100 miles southeasterly of Minneapolis/St. Paul, MN 55126. part-time basis. Qualified applicants would Paul. Applications should be submitted not EXECUTIVE DIRECTOR. The Lake have extensive previous experience in later than April 24, 1995. Department Minnetonka Conservation District (LMCD) county, city, or township government consists of four full -time officers, five part- is seeking candidates for its Executive working as an assessor. Applicants should time officers, and 15 officer candidate Director. The LMCD is a local overnment g be knowledgeable about property assess - reserves. Applicants should have a unit comprised of 14 cities sharing ment. Some travel within the state may be minimum of five years of experience, have Lakeshore on Lake Minnetonka. It is required. For application information communication nication and leadership kills, p responsible for various management and P g please call the Legislative Auditor's Office Page 18 LMC Cities Bulletin Municipal ads continued (612) 296 -4708. Applications are due Minnesota D License for Water Treatment, First Street, P.O. Box 275, Stewartville, MN Friday, April 28. (both). Candidates must also be committed until 10:00 a.m., April 11, 1995 for sale of a UTILITIES OPERATOR 1. to obtaining a B License for Wastewater 1980 Ford F -700, 6 yard box with Henke Montevideo seeks applications for the Treatment; a C License in water treatment; Plow and Swenson Sander. Minimum bid position of utilities Operator 1. Candidates and, must also be capable of obtaining a $5,000. For more information please call may submit a letter of interest and/or Class 4 Land Application Certificate within (507) 533 -4781. resume as an initial expression of interest. a reasonable time of employment. The role PUMPER FIRE TRUCK. Sealed bids All candidates should secure and complete will also include snow removal duties. This for the purchase of a 1995 Model Pumper a City of Montevideo application form. position will include work hours on Fire Truck will be received by the City The applicant must also pass a physical weekends, holidays, and on -call response to Clerk, Starbuck City Hall, 407 Wollan, examination before beginning employment system needs. Letters of interest, resumes, Starbuck, MN 56381 until 4:00 p.m. on the duties. The terms and conditions of the or completed applications must be received 27th day of April, 1995. Bids will be position are covered by a labor agreement at the Montevideo City Hall, P.O. Box 676, opened publicly and read at a special with the American Federation of State, 103 Canton Avenue, Montevideo, MN meeting of the Starbuck Fire Department County, and Municipal Employees 56265. Additional information can be Truck Committee at 7:00 p.m. on April 27, (AFSCME), Local 1686. Starting salary of obtained from utilities Department 1995 in the City Council meeting room, 407 $1916 to $2273 /month. Position responsi- Superintendent Byron Hayunga, (612) 269- Wollan, Starbuck, MN 56381. The bilities include the operation and mainte- 7146 or Public Works Director Greg proposed unit shall be a new 1995 custom nance of a three MGD water plant, Schwaegerl, (612) 269 -7572 during work manufactured unit. Plans and specifications including distribution, collection, and lift hours. Closing date 4:30 p.m., April 28, are on file at the office of the City Clerk. station systems. Candidates need to have 1995. Bids will be reviewed for acceptance or general knowledge of mechanical, electri- rejection by the Starbuck City Council at cal, and building maintenance functions. For sale their regular meeting on May 8, 1995 at Candidates must have State of Minnesota D FORD F -700. Stewartville will City Hall. Questions should be directed to license for Wastewater; and State of receive sealed bids at City Hall, 105 East the City Clerk's Office (612) 239 -2525. HE 0 Urls 11FIAL Teo ULC'W YCUV VVITLIS FICIUS Beginning with the April issue of Minnesota Cities the city activities / 9 9 p Y column will change. The League of Minnesota Cities will now rely on you to inform us of activities, information, happenings, and tidbits from your city. Building renovations, park openings, r state -wide or national recognition, exemplary service, �io�� 5 or anything else that sets your city apart is suitable a vat °r for the column. e5,`►� � rem° We look forward to being overwhelmed ae re ° °gni with information on city activities \ �paxK CVC01 n oC oao Se mi °� throughout Minnesota. �\ ,tie te �pia'* 5 Call, fax, or send to the League of Minnesota Cities (612) 490 -5600, Fax (612) 490 -0072, or 3490 Lexington Avenue North, St. Paul, MN 55126. April 7, 1995 Page 19 FIRST CLASS U.S. POSTAGE PAID St. Paul, MN PERMIT NO. 3223 League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126-8044 Phone: 612490.5600 Fax: 612490-0072 TDD: 612490-9030 e r .3 1 CJ 'S p1 I 1-800-925-1122 The League of Minnesota Cities publishes 6:31- Sb the Cities Bulletin weekly during the JIM Legislative session and monthly during the interim, the time between sessions. Subscriptions: members-$30; non- members-S45. Contact: Publications Department, League of Minnesota Cities. Where to get information at the Capitol Copies of bills House Chief Clerk's Office - 296-2314, Rm. 211 * Secretary of Senate's Office - 296-2343, Rm. 231 * Bill status, authors, companion, League of Minnesota Cities staff working with legislative issues committee referral (by bill number, author, or topic) Jim Miller, Executive Director House Index - 296-6646, Rm. 211* Duke Addicks, Director of Member Services Senate Index - 296-2887, Rm. 231 Stan Peskar, General Counsel Pensions Weekly committee schedules, bill introductions, and summaries of Gary Carlson, Director of Intergovernmental Relations committee and floor action E-mail: GARYC226@AOL.COM House Information Office - General revenue sources for cities 296-2146. Rm. 175** Local government trust fund Senate Information Office - Aid to cities 296-0504, Rm. 231* Property tax system Recording of the following day's Ann Higgins, Intergovernmental Relations Representative committee schedule and agenda, Telecommunications (after 4:30 p.m.) Housing "House Call" - 296-9283 Elections and ethics Senate Hotline - 296-8088 Utility service districts To reach a member on the House Joel Jamnik, Senior Intergovernmental Relations Representative or Senate floor Growth management and land use House Sergeant at Arms - Environmental protection 296-4860 Personnel and labor relations Senate Page Desk - 296-4159 Public safety General municipal governance To notify the governor's office of your concerns Andrea Atherton, Legislative Liaison Governor Ame Carlson - 296-3391, Rm. 130* Mary Diedrich, Legislative Secretary *State Capitol, St. Paul, MN 55155 Julie Johns, Legislative Secretary "State Office Building, St. Paul 55155 All area codes are 612 i League of Min nesota Cities LN Cities Bulleti Number 15 April 14, 1995 Senate approves Omnibus Tax Bill Gary Carlson 38 to 29 vote. Five DFL Senators The House of Representatives is After nearly six hours of debate voted to remove the freeze, including moving more methodically in the and dozens of proposed amendments, Senators Steve Kelly, Gene Merriam, drafting of their tax bill. According to the full Senate approved the Omnibus Charlie Berg, Allan Spear, and John sources, the House will complete their Tax bill on Wednesday, April 12. The Marty. tax bill on or around April 21. This bill includes a property tax freeze and The Senate took up the measure on schedule could allow conference tax relief for cabin properties. The Wednesday, less than 24 hours after the committee negotiations on the two tax Senate attached the tax bill to H.F. 602, Senate Tax Committee completed work bills sometime during the last week of a technical corrections bill that had on the bill. The committee version of April. Although the House doesn't been on the Senate consent calendar, the bill contained few revolutionary have the freeze language in bill form • and sent it back to the House of features other than the property tax yet, it still could be chilly for cities in Representatives for consideration. freeze. A proposal to increase the 1996. KE Although the Senate discussed cigarette tax by 40 cents a pack and many amendments, only a few were offset the revenue increase with a actually added to the bill. The most reduction in the medical provider tax notable amendments adopted include a used to finance the MnCARE program was ultimately pulled from the bill T�1 Ue Sands the Cltli9s limitation on the increase of parcel y p p That provision would have raised 6u110 MW the mayor and tb the market values to the rate of inflation, admCnistr flo clerk. $ sure to approximately $123 million in state tax - an amendment to dedicate the $91 rOU#e k your couneilmembers million interest earnings to the school revenue for the current biennium. attitlBpSrhnent heads levy recognition shift, and a provision The other highlight of the commit- k tee hearing focused on the $91 million to provide property tax relief for cabin, properties, and an amendment that state forecast error that will make mor { money available for the state. g eneral i would allow growing communities to , fund. (See story page 7.) generate additional levy based on new t 3= The Senate met the constitutional construction. The bill ultimately, passed on a 44 to i7 vote. requirement that all tax and spending€« , Senator Bill Belanger (IR- bills must originate in the House of s Representatives by amending the Bloomington) offered an amendment to _ ° Senate property tax provisions onto a repeal the property tax freeze. His amendment received considerable technical corrections tax bill previously passed by the House. l= u debate but was ultimately defeated on a �,. ; Page 3-- f=reeze talk Page 5— Action Alert M r- r, Cities aren't alone in criticizing j Legislators will have to work • the Senate property tax freeze fast to address workers' coi i ip. proposal. x i 1995 League of Minnesota Cities Action Agenda . We will include this list every week of the legislative session with a page number if a Contents story appears about the issue. Unfunded Mandates - Oppose additional Senate approves Omnibus Tax Bill ............. ............................... 1 unfunded mandates and allow cities not to What others say about the property tax freeze ........................... 3 comply with current unfunded mandates. / House welfare proposal would hit Minnesota hard ................... 4 page 6 4M Fund update .......................................... ............................... 4 Local Government Aid - Maintain LGA League testifies against Kelley bill ............. ............................... 5 at a constant, inflation - adjusted level and Action alert-- Contact need on workers' compensation ............ 5 increase LGA levels to decrease the What mandates have we missed? ............... ...... .. ....................... 6 reliance on the property tax. / page 5 Tax freeze amendment prohibits unfunded mandates ................ 6 Homestead Agricultural Credit Aid State department of finance finds $91 million ........................... 7 Growth - Reinstate the HACA household State pay dispute may involve local governments ..................... 7 growth adjustment factor and apply an Now is your chance to shine ....................... ............................... 8 inflationary adjust factor similar to LGA. / Water commission looks at fees .................. ............................... 9 page 5 Minnesota and crime .................................. ............................... 9 Age limits for police and fire Transfers of LGA and HACA to ." " " " " " " " ".. " " " " " " " " "' " " " """ 9 schools - Protect city aid programs from New federal rule regarding municipal securities disclosure .... 10 further transfer to school aid programs. St. Paul identifies critical telecommunications issues ............. 12 MPCA solicits information on compost facilities ................... 12 Growth Management and Annexation - Election bills languish . .............................. ............................... 12 Restrict development outside city bound- Training/conferences aries, facilitate annexation of urban 13 property, and maintain city authority over Bill summaries .......................................... ............................... 14 services provided to townships. 1995 annual conference registration ......... ............................... 16 Leadership Institute workshop registration ............................. 17 TIF Penalties - Eliminate the LGA/ LMCIT 1995 Safety and Loss Control Workshops ................. 18 HACA aid penalty for TIF use and Municipal a d s reauthorize use of TIF on scattered site ............................................. .............................20 housing. Personnel - Reform the arbitration process and veterans preference discharge procedures. Telecommunications - Preserve local authority over rights of way and require state licensing of telecommunications providers to ensure public service and use. J page 12 The Cities Bulletin is a publication of the League of Minnesota Cities and includes Transportation - Increase revenue an update of state legislative, administrative, and congressional actions that affect cities. It sources for transportation programs, and also includes reviews of metropolitan area issues by the Association of Metropolitan grant city authority to raise funds if Municipalities. necessary, eliminate all nontransportation League legislative staff members are available to answer your questions concern- use of highway funding. mg legislation relating to cities. Workers' Compensation - Make Minnesota's system competitive with Executive Director Editor Typesetting and design neighboring states. / page 5 Jim Miller Tim Busse Gayle Brodt Laurie Audette • League of Minnesota Cities, 3490 Lexington Avenue North, St. Paul, MN 55126 Printed on recycled paper Phone: (612) 490 -5600; (800) 925 -1122; Fax: (612) 490 -0072; TDD: (612) 490 -9030. Page 2 LMC Cities Bulletin What others say about the property tax freeze The reaction by Minnesota cities to the Senate DFL proposal to freeze property taxes in 1996 is predictable. Cities from across the state have attested to the fact that a freeze would handcuff their ability to pay off debt, meet contract requirements, and most importantly, maintain the high level of services that city residents have come to expect. But don't take our word for it, here's what other have to say about a property tax freeze. "Property taxes are only one aspect of a larger problem, however. Major reform of the entire funding relationships between the state and local governments, including schools, is desperately needed. The freeze scheme of Senate DFLers seems more motivated by 1996 "...state officials don't collect election politics than interest in reform. They're banking on a freeze or spend property taxes and how being popular with voters —and paying election dividends." much is raised by the tax is none of St. Cloud Times their business. It's logical for the Tuesday, April 11, 1995 state to make basic reforms of the tax, not to restrict its use. Minnesota voters are smart enough to let local officials know "Despite all the talk about "...by Election Day 1996, when property taxes are too high. reform of the property tax system, local governments may be'reeling They don't need folks in St. Paul the Senate DFL proposal contains from the forced spending diet the deciding in early 1995 how much none. It does the opposite by freeze would impose. They may officials in Grand Marais can freezing the system next year and have been forced to chop popular spend in 1996." then causing an even larger crisis services, such as youth recreation Duluth News Tribune • the year after." programs, to keep up with April 3, 1995 Department of Revenue uncontrollable escalating expenses memo for, say, criminal justice." March 13, 1996 Star Tribune April 9, 1995 "The State Legislature has taken bold steps to control state spending. These spend -thrift heroes will make sure local government units no longer take advantage of their taxpayers by doing such horrible things as building new roads, hiring police officers to control the growing crime rate made possible by a state judicial system, building fire stations at the rate of one every two decades, plowing roads to keep local traffic moving in the winter, etc. Yes, the dollars will be saved for things people really want, like finely furnished and fully remodeled chambers at the State Capitol, long distance phone service for legislative members, and welfare programs that earn Minnesota the title of `progressive.' " Prior Lake American April 8, 1995 "...This looked too much like past DFL efforts to temporarily `buy down' their constituents' property taxes while satisfying the salary demands of teachers -- always a tempting combination in an election year, as 1996 will be for all 201 lawmakers.... ...For the last two decades, state lawmakers have been lost on fiscal issues, despite countless studies and reports that have offered guidance." • Steven Domfeld St. Paul Pioneer Press editorial April 3, 1995 April 14, 1995 Page 3 House welfare proposal would hit Minnesota hard Joel Jamnik for Minnesota over the next five years. federal funds that would be provided to • States would be prohibited from using Minnesota over five ears. Minnesota P e g Y The U.S. House Republican's personal responsibility act would end federal block grant funds to provide would be subject to federal time limits numerous federal -state entitlement and benefits to many currently eligible and work requirements for its AFDC discretionary programs -- including Aid groups, including most legal immi- recipients without guaranteed support g rants and unmarried minor mothers for the child care services needed to to Families with Dependent Children (AFDC), Emergency Assistance, child and their children. make working possible. No adjust - care, welfare, and nutrition assistance -- Title II would block grant federal ments would be provided for popula- funding or abused and neglected tion gr owth cycles. and replace them with block grants to g � b and economic yc es. states. It would cut funding for food children in foster care or adoptive Titles III and V also repeal existing stamps and significantly reduce the placements, resulting in $41 million nutrition assistance programs — number of disabled children eligible for less for Minnesota over the next five including school lunch and WIC —and years. The proposal eliminates federal replace them with a lump sum capped the childhood SSI program and converts most of the program into a funding for family preservation and at less than the rate of inflation, supp and several others specific resulting in 153 million less to I k grant. Pe � $ b oc g nt. Accorarng to an analysis prepared by the National League of programs to prevent child abuse and Minnesota. Cities this could result in Minnesota neglect. Though the block grant would Title IV would restrict welfare for residents receiving significantly less grow modestly, no adjustments are legal immigrants, resulting in $120 federal funding for these programs. Provided for population growth or million less for Minnesota's residents. Title I would block grant cash economic cycles. Most legal immigrants would be assistance for needy families, resulting Title III would consolidate federal ineligible for old -age or disability child c are into a block rant payments under the SSI program in $206 million less in federal funding programs � P Y P g g that would cut $43 million from the would not be able to receive temporary family assistance, and would not be ,t eligible for services funded under Title 4M F und update XX (social services block grant) and • many other programs. What is the aM Fund? Title V would impose a rigid cap The 4M Fund is a short -term money market fund specifically designed to address the cash on food stain exp mpos g e nstrumentalities. The Fund is comprised allowin management needs of Minnesota cities and their i P of the highest quality, short-term investments allowable under Minnesota Statute 475.66 no adjustments for economic cycles. It and the Fund's objectives are safety, liquidity and a competitive yield. The short term nature would mandate work for certain of the Fund helps to insulate it from the effect of changes in interest rates. The Fund is recipients without providing funds for managed by Insight Investment Management and Dain Bosworth and served by MBIA - job creation. As a result, Minnesota Municipal Investors Service Corporation. A fixed rate investment program for Fund participants, offering such alternatives as certificates of deposit and U.S. Treasury and would receive $223 million less over Agency securities, is also available. the five years. Market update —Week of April 3-7,1995 Title VI would deny supplemental The supply of commercial paper as a short term investment alternative has been scarce security income (SSI) to many cur - these past weeks. Several factors for this scarcity has been a) longer term corporate rently eligible persons and future funding, b) strong corporate earnings, c) the generally strong demand for short term applicants -- particularly disabled investments. Central banks have been investing inTreasury Bills and discount notes in their children, many of whom would be efforts to support the dollar. As a result, the recent narrow spread of discount note yields to commercial paper has widened to over eight basis points from the previous spread of three denied all benefits due to eligibility basis points. 'ct' resrn cons faced on them b the P Y Daily Rates — Week of April 3 I proposal. These reductions would result in $160 million less for Minne- Interest Average Maturity sota for childhood disability programs Date Rate' of Portfolio 4/3 5.62% 15 days over the five years and would result in 4/4 5.62% 15 days 28 percent of disabled children losing 4/5 5.61% 15 days eligibility for federal SSI benefits. 4/6 5.61% 15 days The proposal is estimated to have 4/7 5.60% 18 days total five -year losses for Minnesota of 'Interest rates are net of all applicable fees. ' $852 million and deny AFDC benefits • Daily interest compounding, free checking, andAutomated Clearing House (ACH) payment systems are to 79 ,000 Minnesota children. 1 among the conveniences offered by the Fund. For more information, please call Kathy Kardell of Insight Investment Management at (800) 333 -0813 or Shirley Hogan at D Bosworth at (800) 388 -7125. Page 4 LMC Cities Bulletin League testifies against Kelley bill ® Gary Carlson organizations. In addition, the revenue new requirements for service fees to estimates for this service fee could be government entities that could affect A bill that would substantially used to make the entire Kelley property their existence. If this provision was change the current property tax system tax reform proposal look less onerous stripped from the bill, the revenue by eliminating HACA, changing the on cities. available for cities would be almost LGA formula, and reducing the Tax exempt organizations are a exclusively based on the property tax number of property classifications to very powerful force at the state capitol and tax burdens on ally property four came before the House Property and they will likely rally against any owners would certainly increase. �1 Tax Committee this week. The committee laid H.F. 1545 (Kelley, DFL- Hopkins) over for future consideration and it's not likely to be a factor in the final 1995 House Omnibus Tax bill. However the bill could re- emerge in the 1996 session as a likely reform alternative. CtIQIIAIeI't: Under the bill, the savings from the elimination of HACA would be used to offset additional K -12 property Contact needed on taxes and to increase the homeowners and renters circuit breaker programs. w orkers' compensation These two programs provide property p tax relief based on an individual's income and property tax burden. Joel Jamnik Restricting the period of time • The League testified against the When legislators return from their benefits are available. proposal because it would substantially heir Issues which are strongly sought Easter /Passover break next week they by the business community which increase cities' reliance on the property will have only five weeks to decide city officials may support include: tax. In addition, the proposal would what, if any, action to take regarding force dramatic property tax shifts Limiting permanent total disability workers' compensation. City officials to situations where an employee among classes of properties. Although can help pass serious reform proposals the expanded circuit breaker program suffers more than a 15 percent loss by contacting their Senators and of a body function. would apparently shield homeowners Representatives and urging support for Eliminating or substantially from large tax increases, no official insurance, claim management, and g restricting lump sum and supple- estimates of the impact of the entire bill benefit changes that reduce the cost to mentary benefits. were available for the committee. At a employers. 0 Reducing annual escalators in time when property tax increases are a Many procedural contortions are benefit levels. ;rowing concern for city officials expected over the next few weeks so 0 Terminating wage replacement throughout the state, the Kelley bill bill numbers are not that important, benefits at age 67 or other agreed - would further increase city reliance on although S.F. 1020 (Novak) is the o upon retirement a the property tax. Senate DFL. Caucus proposal and H.F. In the Senate, the workers' On the bright side, the bill includes 642 (Winter) is the House DFL a provision to allow cities to assess a compensation issue has been linked to proposal. an increase in the minimum wage, service charge for certain basic Several changes are likely to be g y which could eventually result in an municipal services such as police and eventually adopted, including: increase in the minimum wage of about fire on certain types of tax exempt Allowing greater opportunity for 25 cents. properties. The proposal is generally small employers to self- insure with with the policy developed by Please communicate your opinions consistent w a pool or mutual group. and concerns regarding these issues the League it Minnesota Cities last fall (Fiscal Futures -7). However, the Eliminating the two-tier benefit now. As always, we greatly appreciate Kelley proposal would dramatically system which pays an injured receiving copies of correspondence and • Person less if a suitable job is phone calls reporting on legislative limit the base upon which this user fee could be assessed, largely to 501(C)(3) offered. reactions to your efforts. iCl April 14, 1995 Page 5 What mandates have we missed? Joel Jamnik • Confined space entry • Limitations on maximum penalties • The following is a list of state • Animal control (M.S.346, 347) and fine (M.S.609.033 -0391 mandates developed by the League for • "First responder" and firefighting by • Truth in taxation (M.S.275.065) use in our state lobbying activity. Can city employees on state highways Miscellaneous you think of any mandates that we've Environment •State sales and MVET on city ? • Wastewater treatment standards purchases missed? relations • Wetlands • Grandfathered contributions to • Pay equity, implementation and °Solid waste management regional libraries (M.S.134.34) reporting (M.S.471.991 -99) ° Drinking water standards Survey • Workers' compensation (M.S.176) Surface water management organiza- Also, as part of the federal Public pensions - basic and coordinated tions or plan (M.S.103) mandates relief initiative, the National plans (M.S.353 • Waste disposal facilities (PCA Rules) League of Cities has asked us to • Continuation of health and life • Hazardous substance transportation compile a list of existing federal insurance coverage (M.S.62A.17 and (M.S.221 and federal SARA) mandates. This list will include any M.S.61A.092) • Minnesota clean indoor air act provision in statute or regulation, or • Prevailing wages paid on public (M.S.144.411 -17) any federal court ruling, that impose an contracts (M.S.177.41 and A.G. Planning enforceable duty upon local govern - Op.415c1) • Land use planning (M.S.473H) ments, including a condition of federal • Veterans preference (M.S.197.447, ° State zoning standards assistance or a duty arising from 455, 46, 48, 481 and 192.26) (M.S.463.365) participation in a voluntary program. Public safety • Uniform building code (UBC) Please list any mandates that fit the • Peace officer standards and training (M.S.13) stated characteristics, and explain the (POST) (M.S.626.84 -863) • Flood plain management specific problems these mandates pose • Temporary detention facilities/ (M.S.104.04) for cities. detoxification centers • Flood insurance (M.S.104.08) Mandates that are: • Shoreland regulations (M.S.105.485) Unnecessarily rigid or complex -- • Transportation how they can be made more Tax freeze amendment • Municipal state aid roads flexible. prohibits unfunded mandates (M.S.162.09 and MnDOT rules) Contradictory or inconsistent- -how Andrea Atherton • Computer requirements (Dept. of mandates can be reconciled. During the debate on S.F. 1570, Transportation) Duplicative, obsolete, or lacking in the Senate approved an unfunded General government/record keeping practical value - -those that should mandate amendment. ° Street lighting (M.S.216C.19) be terminated. The amendment would require ° Conducting elections (M.S.205) Compounding the fiscal difficul- that if a fiscal note accompanying any • Presidential primary rn (M.S.207) ties of local govement -those new or expanded mandate imposes a ° State record retention schedule that should be temporarily sus - statewide cost of more than $500,000 (Dept. of Administration) pended if vital public health and on counties or $250,000 on cities or • Minnesota government data practices safety concerns would not be townships, the local units of govern- Act (M.S.13) affected. What are the conditions ment would not have to implement the • Open meeting law (M.S.471.705) of fiscal distress which should mandate unless the state pays the bill. • Competitive bidding (M.S.471.345 trigger such suspensions? The legislature would be required to and M.S.429.041) Additional items we need your appropriate funds to cover the cost of Examination of bonded public comments on include recommendations the mandate prior to the time the employees (M.S.574.23) on ways to consolidate or simplify mandate would have to be imple- Summary budget statement publica- mandates, or the reporting require - mented, and then provide reimburse- tion (M.S.471.6965) ments associated with them, to make ment to local governments. • Home rule city charters (M.S.410) local government compliance easier. The amendment language, ° Municipal liquor store reporting And your recommendations on prepared by Senate Minority Leader requirements (M.S.471.6985) common definitions and standards for Dean Elton Johnson (I nority Lea and Revenue constraints use in administration of mandates. offered by Senator Dan Stevens (IR- °Tax exempt property Thanks for your help. Please fax • Mora), has also been included in the ° Limitations on local special assess- your comments by April 21 st to the Senate's Omnibus Tax Bill. ments (M.S.429) LMC IGR staff at (612) 490 -0072. �! I i Page 6 LMC Cities Bulletin State department of finance finds $91 million Gary Carlson couple and $31 per individual filer. the interest earnings below the $91 The committee rejected that proposal million level. Whatever the final Minnesota came up with an extra partly due to the uncertainty of the $91 amount, the legislature could use $91 million this week. No, the state million. Other suggestions for the use the newly found revenues to didn't win the Gopher 5, or suddenly of the money included additional K -12 provide the governor with at least a find a rich relative. It was more like education finance resources that would portion of his proposed additional the state put on a pair of pants not be used to offset a property tax reserve while restoring the proposed worn in a while and found $91 increase. cuts in city and county LGA and million in a pocket. Both the House and Senate budget HACA. However, pressures to find Governor Carlson announced proposals would eliminate the additional K -12 resources remain Tuesday that the State Department of governor's proposed $220 million high and the money could likely be Finance had miscalculated interest reserve expansion, and therefore reduce diverted to education programs. E1 earnings on the state budget reserve. The miscalculation understated the estimated interest earnings on state reserves amounting to an additional State pay dispute may involve $91 million for the upcoming 1996- 97 biennium. portion h r the $9i m to local governments million is due to the governor's proposed $220 million expansion of • the state budget reserve. Joel Jamnik would repeal existing salary sched- The $91 million "find" is good Proposals to raise salaries for top ules for various state employees and news in an otherwise bad session for state officials are moving in opposite commissioners and adopt a new local government finance. In his directions. The proposals will likely schedule. The bill would set two original budget, the governor be lumped into a single bill, and salary groups with group I able to proposed $77 million of reductions in could have an impact of local earn up to 85 percent of the aids to cities and counties. At that government pay. Governor's salary, and group II up to time, the governor suggested that if The state's Compensation 75 percent. The bill would also set additional revenue was found, it Council is calling for a three percent Met Council member's salaries at would be used to restore his proposed { raise in the salaries of the Governor $20,000, and limits higher education cuts in city LGA and HACA. and state legislators in each of the board chancellor and HECB director In late February, the Department next two years (January 1997 and salaries to 95 percent of the of Finance announced that an 98). The council is also recommend- Governor's salary, effectively additional $220 million was avail- providing a three percent raise for state for significant salary able. Unfortunately, the governor did j judges in 1997, 1998, and 1999. increases. The bill would allow not propose using any of those v These proposals have not received waivers to attract or retain qualified additional revenues for the restora- the bipartisan support which is individuals. tion of aids to cities. With this probably necessary to pass the While the bills have been additional $91 million identified on increases. traveling through the legislature on a Tuesday, once again the governor i Another council proposal to separate bill but it is an age -old failed to restore any of the proposed I significantly raise the compensation tradition to package issues in order to cuts to cities. levels of state agency managers, who gain support. It is also possible that Shortly after the governor's l received an increase in 1987, has legislative leaders might resurrect the announcement, legislative proposals generally been supported. On local government employee compen- for the use of the $91 million came ( Thursday, April 6, the House Govern- sation limit proposal as well in order • fast and furious. In the Senate Tax ! mental Operations Committee passed to build "support" for either or both Committee meeting where the H.F. 1710 (Davids, IR- Preston} that of the state compensation bills. EE Omnibus Tax bill was being drafted, Senator Gen Olson suggested a onetime tax rebate of $62 per married April 14, 1995 Page 7 'V d I _ y our ozv �s chance -� to shine are o n N ominations pe for the 195 C.C. udwr q, Leadership, and City Achie Awards 1995 C.C. Ludwig and Leadership Awards p� The C.C. Ludwig Award honors elected city officials. The Leadership Award �! honors appointed city officials. These awards recognize outstanding leadership, the pursuit of excellence in P f municipal government, and unselfish concern for public welfare. _ 1995 City Achievement Awards The City Achievement Awards recognize and encourage innovation and excellence in city government. Award categories include • communications, • community development, • public safety, • cooperation and consolidation, and * management. 2hese prestigious awards will be presented at the League's annuaf conference, .dune 13- 16,1995, in Duluth. Dead ine Dea&%e for application is Aprd 28,1995 For more information on the awards B p ro ram calf the • League at (612) 490 -5600 or (800) 925 -1122 Page 8 LMC Cities Bulletin Water commission looks at fees Joel Jamnik see funded are part of the 1995 Increased outreach on sustainable Groundwater Bill (H.F. 643 -1E) agriculture as a prevention tool (MDA/ The Legislative Water Commis- (Bishop). The following summary MISA/$300,000). sion, a joint House and Senate commit- includes the agency responsible for the Extensive grid drilling in order to tee, has several initiatives it would like project and the estimated cost. explore for deeper groundwater in to undertake. However, revenues for Activity Southwestern Minnesota (DNR/ new programs are exceedingly scarce. Groundwater Monitoring in $50,000 with $150,000 match) One way of dealing with the shortage order to effectively monitor over time To pay for these projects, the of general fund revenues is to look to what is happening to the quality and Commission bill proposes to raise fees. Fees at the state level seem to quantity of the state's groundwater permit fees for those businesses and differ from fees at the local level, in resource (PCA/Projected cost: cities that pump more than four million that there seems to be little connection $900,000). gallons of water per day from wells or between the fee which is charged and Continue Geologic Atlases in surface water sources. For detailed the service which is delivered. For partnership with counties in order to information on the impact of those instance, city governments generally identify areas sensitive to contamina- fees, contact me at the League office. charge a fee to review a zoning tion (DNR/MGS /$850,000). The bill probably will not be variance request. That fee, which in Groundwater Coordination passed this session, and an increase in most cities ranges from $25 to $100, between of the five state agencies with the fees are less likely, but the issue is compensates the city for the published groundwater responsibilities (EQB/ still pending before the legislature and and mailed notices required by state $102,000). could be enacted. We suggest that you law and the cost of reviewing the Continue partnership with call or contact Ms. Schmidt and your application. At the state level, the fees counties to seal priority wells which legislative delegation regarding your are usually much higher and are often can be a conduit for contamination reaction to the Commission proposals. only partially related to the direct cost (BWSR/$500,000). You can contact Ms. Schmidt at (612) of providing the service. In short, they Drinking Water Pilot Project in 297 -7905. iE are much more like taxes than fees. order to intensify testing for pesticides The projects which the legislative commonly used in the state (MDH/ water commission (LWC) would like to $250,000). Minnesota and crime Age limits for Joel Jamnik • Insufficient variety of beans on the prison menu. police and fire According to Crime in the 50 • Constitutional right to a computer in United States, Minnesota ranks 34th in cell denied. Joel Jamnik the number of prisoners in state • President gave prisoner a fungus. A bill authorizing cities to correctional institutions, 49th in the • Complete lack of salsa. establish and implement maxi - number of prisoners per 100,000 • Victims should pay prisoner for mum hiring and retirement ages people, and 2nd in the average expen- balance owed on the scheme that for public safety personnel was diture per inmate at $26,661 per year. landed him in prison. recently passed by the U. S. While the significance of the first • Bologna sandwiches violate civil House of Representatives and two figures are blurred by each state's rights. sent to the Senate. use of local correctional facilities, the • Bottled water nowhere to be found. The bill, H.R. 849, would average expenditure tells a clear story: • Prisoner claimed underwear not allow mandatory retirement ages the State of Minnesota spends a great provided. of 55 and above for police and deal to house and care for prisoners. • Underwear provided, but so tight it firefighters. The House consid- In late March, the Star Tribune constituted cruel and unusual ered and quickly approved the reported on another prisoner- related punishment. measure and without amendment. issue -- lawsuits. According to the • One prisoner claimed his primary The Senate will likely take longer • Attorney General's office, Minnesota reason for filing a lawsuit was "pure to consider the bill. �E spent $340,000 last year defending delight in spending taxpayers' lawsuits, including the following: money." E April 14, 1995 Page 9 i New federal rule regarding municipal securities disclosure Joel Jamnik official statement, and that financial bonds, repaid from user charges rather information may be unaudited. How - than property taxes, must take both On November 10, the Securities ever, if audited financial statements are types of issues into account when and Exchange Commission (SEC) prepared, they must be sent to informa- determining total outstanding debt. approved a new rule concerning tion repositories and the undertaking It is important to note that the secondary market disclosure. While must indicate whether such statements small- issuer exemption applies only to the new final rule directly affects will be provided. the annual financial information underwriters, it will have an impact on requirement and not to notices of the disclosure practices of cities and Small- issuer exemption from material events. towns. The rule changes were origi- the information requirement Subsequent official statements nally released for comment on March Issuers or obligated persons with must disclose all instances in the 9, 1994, by the SEC. The new rule less than $10 million in outstanding previous five years in which any goes into effect on July 3, 1995. person providing an undertaking failed The following s a brief ex Lana- securities are exempt from the annual g P financial information requirement if to provide information so that securi- tion of the two central features of the ties professionals are able to fulfill their new rule, an annual financial reporting they make a "limited undertaking" p g specifying the type of financial obligation to have a reasonable basis to requirement and a requirement to give recommend a security. notice of material events. information and operating data available on a request basis or provided Annual financial information will not be required for to a SID. Financial information and fiscal years ending Annual financial information operating data that are customarily Prior to January 1, 1996. requirement prepared and publicly available satisfy In general, dealers will not be able this limited undertaking. Notices of material events to underwrite municipal securities The issuer's final official statement Issuers of municipal securities issues of $1 million or more beginning must describe where and how the must also undertake to provide notices 0 July 3, 1995, unless the municipality or financial information and operating of material events in order for their another party that is obligated by data can be obtained. Small issuers bonds to be underwritten. This contract or some other arrangement to qualifying for this exemption do not requirement takes effect on July 3, repay a portion of the debt (an "obli- have to comply with the July 31, 1995, 1995, and the small - issuer exemption gated person ") has undertaken in a effective date. They must begin to does not apply to this section of the written agreement or contract ( "the make their undertakings on January 1, rule. Municipalities are required to undertaking ") to provide annual 1996, and provide information for send notices to all NRMSIRs and a financial information. fiscal years ending after January 1, SID. Issuers may choose to send their The rule provides certain exemp- 1996. material event disclosure information tions, including a small -city exemp- The provisions for aggregating to the Municipal Securities Rulemaking tion. The information is to be sent to outstanding debt provide that an issuer Board's Continuing Disclosure nationally recognized municipal would not have to count debt issued in Information System, rather than to all securities information repositories its name if the issuer was not an of the NRMSIRs. (This option does (NRMSIRs) and to a state information obligated person. Thus, the outstand- not apply to the dissemination of depository (SID). Currently, there are ing debt for a conduit issue would not annual financial information.) The rule three NRMSIRs. "Annual financial count toward a governmental issuer's requires timely dissemination of information" is defined to include both $10 million threshold if the govern- notices of any of the following material financial information and operating mental issuer was not legally respon- events, if they are material to the issue data. It is the responsibility of the sible for the repayment of the debt. On or the issuer: underwriter to make annual financial the other hand, a governmental issuer Principal and interest payment information available at the time of the must aggregate all its outstanding delinquencies, offering. Financial information other obligations even if some are payable Nonpayment related defaults, than full financial statements may be from separate dedicated revenue Unscheduled draws on debt appropriate and consistent with the sources. Therefore, a city that issues • presentation of information in the final general obligation bonds and revenue See Securities, next page Page 10 LMC Cities Bulletin Securities, continued from previous page service reserves reflecting finan- cial difficulties, w ould you like to see your • Unscheduled draws on credit C ommunity's accomplishment enhancements reflecting financial difficulties, A "V a n • Substitution of credit or liquidity providers, or their failure to perform, at the LMC annual conference? • Adverse tax opinions or events affecting the tax- exempt status of the security If so, your opportunity is here! • Modifications to rights of security holders, Bond calls, During the Minnesota Cities: Building Quality • Defeasance, Communities Conference this June, as part of the • Release, substitution, or sale of community life mini session, the community life property securing repayment of the securities, and policy committee will present a slide show featuring Rating changes. the accomplishments of 30 communities around According to the SEC, information the state. is material if there is substantial likelihood that the disclosure of the -, K ✓.1''x r'x ax- a 'ly3Sa,,_ �,+ - y,, :e'r. +�x.i'f'ss ;3 • information would have been viewed by the reasonable investor as having significantly altered the "total mix" of information made available. The SEC What was the problem What parts of your rule also provides that: identified that this community or population • Municipalities and other parties to project/program were involved? the transaction should determine if addressed? other events should be disclosed Is there anything unique and identified in the undertaking. Who was involved in about this project you are • Information regarding material S making this happen? proud of? events that are not listed in the undertaking may be sent to repositories to ensure equal access to the information by all investors and participants in the market. • Statements by elected officials Please send five to 10 slides with a 30 to 45 second narrative relating to an issuer, even if they are material, do not have to be describing the nature of the project/programs. provided to the repositories, but If your community is selected, you will be asked to bring additional may be if they are intended to information and provide a contact person. reach the market. • General events having widespread Send information and slides to Duke Addicks, Director of Member impacts such as tax law changes Services, League of Minnesota Cities, 3490 Lexington Avenue North, St. do not have to be disclosed as a Paul, MN 55126. material event. EE Deadline is Friday, May 12, 1995 April 14, 1995 Page 11 St. Paul identifies critical i 1VMPCA solicits telecommunications issues information on co mp ost facilities Ann Higgins of streets and thoroughfares as more Joel Jamnik In a just published report, St. Paul and more providers seek use of space in city streets and easements. is Many cities sponsor, operate, and S identified critical telecommunications Y Space facilities. The Pollution issues affecting the city that must be becoming limited and larger cities fear use compost that capacity will soon be exceeded. Control Agency is seeking information addressed by local elected officials: P Y opinions from city Among them are familiar issues that That makes it more important to or o p Y officials a o s the coordinate planning and to identify the the League and the Minnesota Associa- p g Y agency prepares to propose amending tion of Community Telecommunica- increased cost of installations and repetitive ent the rule governing compost classifica- tions Administrators have been urging p D'' tion, distribution, and end use. Written state lawmakers to address. Those Another important consideration or oral questions and comments should issues include: emerging communications services is be directed to: g g the prospect that the capacity to Roberta Wirth • Loss of local authority over public p � p Y rights -of -way; transmit information over the new Ground water and Solid Waste Division Minnesota Pollution Control Agency telecommunications infrastructure will � Repeated disruptions of downtown and neighborhood streets; determine who controls that capacity. 520 Lafayette Road • Loss of current and potential fees If only one telecommunications service St. Paul, MN 55155 provider controls the (612) 296 -7384 space in which for use of rights -of -way and P p The agency plans to convene an support of public access program - fiber or other infrastructure is run, the value of horizontals ace becomes advisory committee to assist it in ming services; p development of the rule amendment. If • Potential loss of community higher. Cities too need to recognize the value of that s pipes, you're interested in participating on the space, p , p pe , abandoned advisory committee, please contact Ms. Impact on local rights -of -way has pipelines, any location where cables • been a serious concern for management can be P laced. M7 Wirth. 1E Election bills languish May mean compromise leaving presidential primary in place Ann Higgins Legislation that would increase the place voter rosters has created a hostile use of absentee voting (S.F. 351H.F. climate at polling places. The League Legislation to make it more likely 167) has passed the Senate and is on had urged the legislature to approve a for voters to cast absentee ballots and General Orders on the House floor. statewide mailed ballot for the primary, to repeal the presidential primary are The issue of term limits appears to but the cost of doing so (more than $3 waiting final floor action in both House threaten action on that legislation. million) has discouraged lawmakers and Senate where they have been Though the House Election Division anxious not to increase state spending. languishing for a month. The defeated proposals calling for state and If the presidential primary is not Governor's opposition to repeal of the federal term limits, efforts may still be repealed this session, the legislature presidential primary may force made to brin it to the House floor. must reimburse cities for the cost of legi to choose between that The League maintains that the conducting the primary, which cost outcome and the restructuring of the presidential primary is a political $1.3 million in 1992. Reimbursement state primary and precinct caucus activity and that as such, it is inappro- allocations unfortunately do not cover schedule which has also been proposed priate for cities to conduct the process. the costs incurred by local election in pending legislation (H.F. 142/S.F. Lack of voter interest in '92 and anger officials in preparing for and reporting 115). over requirements for voters to indicate the results of the voting. (> political party preference on polling • Page 12 LMC Cities Bulletin Training/Conferences S LMCIT Loss Control Workshops 1995 Skill- Building Seminars Fifth Annual Minnesota Conference LMC Insurance Trust Minnesota Office of Dispute on Pollution Prevention: Making April 18— Marshall Resolution Dollars and Cents Out of Pollution April 19— Mankato May 10 -11; September 20 -21; Minnesota Office of Environmental April 25— Rochester November 8 -9; June 14-19; Assistance April 26—St. Louis Park October 12 —New Brighton June 7— Minneapolis May 3— Crookston (612) 296 -2633 (800) 643 -3843 May 4— Hibbing (612) 296 -0237 (612) 490 -5600 Minnesota PRIMA (Public Risk (800) 925 -1122 Management Association) Meeting LMC Annual Conference Dakota County Risk Management League of Minnesota Cities Tools for Tomorrow May 11 —St. Paul June 13- 16— Duluth 1995 BAM Conference (612) 266 -8897 (612) 490 -5600 Builders Association of Minnesota (800) 925 -1122 April 19— Minneapolis Conference on Access to Electronic (612) 646 -7959 Public Records LMC Clerk's Orientation (800) 654 -7783 U of M Journalism League of Minnesota Cities May 17— Minneapolis August 22- 24—LMC office LMC and MCHRMA Spring (612) 625 -8095 (612) 490 -5600 Human Resources Conference (800) 925 -1122 April 20 -21— Bloomington Telecommunications Conference (612) 490 -5600 Government Training Service LMC Regional Meetings May 17 -18— Bloomington League of Minnesota Cities Ninth Annual Local Government (612) 222 -7409 September 26, 27, 28 5 17 18 1 24 25 26 Sorts &Events Management October 3 4 9 P g • Conference Working It Out Creating Inclusive (612) 490 -5600 International City /County Management Social Structures (800) 925 -1122 Association National Conference on Peacemaking 1995 LMC Policy Adoption April 20- 22— Atlanta, Georgia and Conflict resolution Conference (202) 962 -3652 May 26- 30— Minneapolis (612) 858 -8950 League of Minnesota Cities Urban Storm Water Quality November 17 —St. Paul MN /WI Storm Water Conference (612) 490 -5600 April 25— Hudson, WI (800) 925 -1122 (715) 836 -4199 Sixth Annual Transportation Re- Conference Spotlight search Conference The 7th Annual Minnesota Telecommunications Conference is set for University of Minnesota j May 17 -18, 1995 at the Radisson Hotel South in Bloomington. May 2- 3— Minneapolis The conference is ideal for managerial, professional, technical and (612) 626 -1632 support staff from cities, counties, libraries. technical colleges, etc.- anyone involved with automation or information management. There are sessions for Teleconference on: The Major those at any level- beginners to advanced. Some of the topics include: Intro - Investment Study (MIS) Process duction to telecommunications; voice /video /data, telecommuting: making it University of Minnesota happen; understanding rural Minnesota access issues; intro to local area May 4— Minneapolis network; who will control the Superhighway ?; future role and impact of cable, (612) 626 -1077 phone companies and satellite; and telecom services available to government and education. For more information, or if you did not receive the mailing please contact Sharon Washick (to register) or Rich Spencer for program questions at the • Government Training Service (GTS) at 612/222 -7409 or Minnesota Toll Free 800/652 -9719. April 14, 1995 Page 13 Bill summaries Bond allocation authority and credit program and to the industrial The Cities Bulletin lists procedures change property tax credit program. The bill authors of bill summaries by their S.F. 1543 (Pogemiller) (Taxes) would phase in reductions in class rates initials. would reduce the small issue pool bond for class 2a and 2b property and GC—Gary Carlson allocation to $57,000,000 and increase provide for property tax credits, paid in AH —Ann Higgins the housing pool to $54,000,000 refunds, up to $50,000 for qualified JJ —Joel Jamnik reserving $35,000,000 for the, single- industrial property (new construction, family housing program until the day rehabilitation or addition which after the first Monday in February. increases capacity or value by 25 Time periods generally would be percent). GC Environment increased from 90 to 120 days. JJ Road repair Omnibus state and local tax reform H.F. 1768 (Tunheim) (Environ- Expansion of sales tax and bill ment & Natural Resources) would dedication of part to state education S.F. 1568 (Novak, Pappas, Krentz, authorize road authorities to repair and tax levy Belanger, Day) (Taxes) would provide maintain roads within the road right -of- S.F. 1556 (Hottinger) (Taxes) comprehensive reform of state and way which results in the drainage of would propose an amendment to the local taxes and budgeting procedures. wetlands, without replacement of Minnesota constitution to set up a "Class rate" would be defined to mean wetlands, if the wetlands are not general property taxpayers' trust fund. a state property tax on a class of drained more than when the road was A 1.25 percent sales tax on all taxable property equal to the difference constructed or when a replaced culvert sales except motor vehicles would between the combined local rates and was working. The bill would clarify provide the funding. Half of the the class rate. Income tax provisions that no public waters permit is required funding would be allocated directly to would be changed. Sales tax rates for such roadwork. JJ cities while the other half would would be reduced to 5.5 percent but provide direct property tax relief to would be extended to services. The bill • Finance & Taxes homeowners and renters. Constitu- makes many other changes. GC Property tax exemption for 1991 tional language would be added to church- acquired property provide for a uniform system of public Property tax freeze H.F. 1770 (Kelley) (Taxes) would schools for which the legislature would S.F. 1570 (Moe, D. Johnson, allow a county with a population of be allowed to levy a tax limited to .75 Hottinger, Reichgott Junge, Price) more than 700,000 to grant a property Percent of the market value of the total (Taxes) would freeze property tax rates, tax exemption for taxes payable in taxable property in the state. Any other levies, school district aids, and values 1992 to property which was an athletic Property tax levy for public schools for taxes payable in 1996. The bill facility classified as class three Would be barred except for local would impose levy limits for taxes commercial- industrial for 1991 and districts with voter approval. The sales payable in 1997 to the lesser of three was acquired during the year by a tax would be extended to business and percent or the implicit price deflator for church, if certain exempt property personal services. The sales tax government purchases of goods and p p y requirements are met. GC clothing exemption would be limited to services. The bill would require the items costing less than $50. The bill Legislative Commission on Planning Senior citizen property tax would sunset many education levies. and Fiscal Policy to make recommen- deferment program GC dations on property tax and education H.F. 1794 (Long, Kahn, Mariani, aid reform. GC Schumacher, Milbert) (Taxes) would HACA phase out provide a property tax deferment for S.F. 1557 (Hottinger, Langseth, Two percent liquorlbeer tax qualifying seniors at least 65 years old Sams) (Taxes) would reduce disparities S.F. 1597 (Finn, Murphy, Solon, who own and have lived in their home in tax burdens due to differences in Chmielewski) (Taxes) would impose an Tor IS years or more, with household taxable wealth. The bill would additional two percent excise tax on all income of less than $40,00 and who Provided for a transition from HACA, on -sale liquor and beer sales. The are not delinquent on their taxes. phasing out payments to local taxing additional tax revenues would be (Companion to S.F. 1 he districts, by transferring funds to an allocated to the Commissioner of enhanced property tax refund and rent Human Services to be used for chemi- • Page 14 LMC Cities Bulletin Bill summaries continued • cal dependency treatment programs. wastes including household hazardous fiscal note for any proposal mandating GC waste, and regulatory and enforcement action by a political subdivision which activities would be specifically would result in incurred costs. A Property tax rates limited to 1995 exempted. JJ division of state and local mandates levels and aids repealed in 1997 would be set up in the State Auditor's S.F. 1605 (Reichgott Junge, D. General Government office to determine the financial affects Johnson) (Taxes) would restrict 1996 Bar public use of news media unless of each program mandated by the market values to the lesser of 1995 ethical standards published annually legislature and each rule proposed by a values, plus new construction, or 1996 H.F. 1779 (Abrams, Girard) state agency on local governments. values. Local government tax rates (Government Operations) would Bills introduced in the legislature would be restricted to the 1995 levels prohibit state and local public entities would be required to included attach- with the ability to appeal for an from purchasing services from or ments outlining policy goals or r exemption due to tort judgment o a with news media that do P erformance standards and explana- P contracting natural disaster costs. The bill would not annually publish their ethical tion, revenue sources, local input establish two 12 -member legislative standards. JJ obtained, etc. Certain costs would be task forces, one to study local govern- exempt from these requirements. Rules ment services and finance, and the State and local official and employee with significant financial local impacts other to study recommendations made information policy training would be reviewed every five years. by the Coalition for Education Reform H.F. 1780 (McGuire) (Government Rule fiscal note requirements would be and Accountability. Provisions Operations) would make an appropria- expanded JJ regarding school district aid, revenues, tion to the Commissioner of Adminis- and levies would be repealed as would tration to establish an information Labor provisions regarding HACA and LGA policy training and grant program to Legislature included under PELRA as of June 30 GC train state and local officials and H.F. 1750 (Simoneau, Rukavina) • employees in government data prac- (Labor - Management Relations) would Extend border city enterprise zones tices and records management and to require the Legislative Coordinating for an additional year report by January 1997. JJ Commission to designate a labor S.F. 1607 (D. Johnson, Solon) negotiator to act as employer for the (Taxes) would extend the duration of Guide and model ordinance for legislature and to be included as a border city enterprise zones through sustainable development public employer for purposes of the December 31, 1995. GC H.F. 1800 (Long, McGuire, Kahn, Public Employment Labor Relations Schumacher, Larsen) (Local Govern- Act. JJ Sales tax on mixed municipal solid ment & Metropolitan Affairs) would waste management services require that, by April 1996, the Office Transportation S.F. 1614 (Finn, Merriam, D.E. of Strategic and Long -Range Planning Railroad tracks zoning system Johnson) (Taxes) would change sales develop and publish a guide for local established tax provisions relating to solid waste units of government to use in planning S.F. 1574 (Mondale) (Transporta- collection and disposal services for sustainable development. The tion & Public Transit) would establish a applying the tax to mixed municipal Office would be required to adopt a zoning system for railroad tracks with solid waste management services model ordinance by July 1996 to guide separate classifications for main, instead. The bill would define services sustainable development. JJ industrial, and yard tracks. The as those relating to the management of Commissioner of Transportation would mixed municipal solid waste from State mandate and fiscal note be required to classify trackage collection to disposal including regulation according to this system and such transportation and management at solid S.F. 1608 (Morse, Metzen, J. classifications would require city or waste facilities. Costs for providing Vickerman, Hottinger, Robertson) township approval. royal. JJ educational materials and other (Metropolitan & Local Government) information, managing other solid would require the state to prepare a • April 14, 1995 Page 15 I ' 1995 Annual Conference Registration Please type or print Important Name Sex F M There was an inadvertent Nickname for badge misprint on the Annual Title Conference registration form that City or organization was sent out in our mailing —the Tuesday, Pre - Conference Mailing address Leadership Institute Program City State Zip titled "Beyond Council Gridlock: Telephone ( ) Working Toward Consensus" is members attending NOT INCLUDED as part of the Family g (There is no registration fee. DOES NOT INCLUDE Full Conference Registration Fee. MEAL TICKETS. ORDER BELOW) IT IS A SEPARATE Family /Guests attending: REGISTRATION with a separate Spouse full name Sex F M registration fee. The form for this Child special pre - conference program is Age on the opposite page. Child Age The form on this page and the This is my first League of Minnesota Cities Annual Conference. form in Minnesota Cities magazine are the correct forms to use when Metro city Greater Minnesota city Population registering for the annual conference. If you have any FULL CONFERENCE MINI- CONFERENCE questions, please call Cathy June 13-16,1995 June 15, 1995 Dovidio at the League office. Registration includes admission Registration INCLUDES admis- to all sessions and conference sion to all Thursday sessions activities, including tickets to: including tickets to: I. General Information • • TUESDAY EVENING KICK -OFF AT THE ZOO •WEDNESDAY CITY NIGHT Every delegate, guest, speaker, media represen- tative, and other attendees MUST REGISTER • WEDNESDAY EXHIBITORS' LUNCHEON • THURSDAY CONTINENTAL BREAKFAST with this form. • WEDNESDAY CITY NIGHT AT THE DEPOT • THURSDAY MAYOR'S LUNCHEON Complete the form and return it along with full • THURSDAY CONTINENTAL BREAKFAST payment of appropriate conference registration fees to address below. • THURSDAY MAYOR'S LUNCHEON NOTE: This registration DOES NOT NOTE: No registration will be processed without • THURSDAY BANQUET Include THURSDAY BANQUET TICKETS. payment in full, or without an accompanying city • FRIDAY COFFEE AND ROLLS ORDER BELOW. voucher or purchase order. It. Registration Deadlines MEMBER CITY NON - MEMBERS May 12,1995: Final postmark deadline for Early Early Registration Early Registration Registration. Postmarked b May 12 1995 May e 1 ist Final postmark deadline for Ad ( Y Y + ) (Postmarked by May 12, 1995) vance Registration. $235 Full Conference $ $270 Full Conference $ $105 Mini- Conference $ $125 Mini - Conference $ 111. Conference Registration Cancellation Policy All requests for cancellation must be in writing, Advance Registration Advance Registration postmarked by May 31, 1995, and are subject to (Postmarked by May 26, 1995) (Postmarked by May 26, 1995) a 330 cancellation fee. All registration changes $255 Full Conference $ $295 Full Conference $ must be in writing. $115 Mini - Conference $ $150 Mini - Conference $ IV. Special Needs If you are disabled and require special services or .` 0 '. On -Site Registration (at Conference) On -Site Registration at Conference transportation, or if you have special dietary needs, please attach a written description to this registra- $280 Full Conference $ $320 Full Conference $ non tom,. m $125 Mini - Conference $ $175 Mini - Conference $ a Y. Registration Confirmation Pre - registrants will receive a registration confir- 3 n mano to be resented at the ADVANCE REGIS - Extra M p E Meal Tickets 1 $11.00 Wednesday Exhibitor's Lunch $ NOTE: TRATION desk. Mini - Conference m $ 8.50 Wednesday City Night - Purchase $ vi. Registration Information 5 for all family /guests attending registration DOES For more information contact: Cathy Dovidio (612) 3 $15.00 Thursday Mayor's Luncheon $ NOT INCLUDE aso -shoo. $26.00 Thursday Banquet THURSDAY Make check y q $ payable and return • .2 $ 5.50 Thursday Continental Breakfast $ BANQUET with form to: m Fin Department —AC contact League of Minnesota Cities City Daytime phone # 3490 Lexington Avenue North . Paul MN LL St 55126. Page 16 LMC Cities Bulletin The LMC Leadership Institute for Elected Officials presents a special workshop preceding the LMC annual conference Beyond Council • Tuesday, June 13, 1995 1:00 to 5:00 P.M. ILL Duluth Entertainment and Convention Center Working Toward Consensus If you are frustrated by unproductive council discussions on issues critical to the future of your city, this program is for you. Discover what can be done to move your colleagues toward agreement on difficult decisions. This skill - building session is for any mayor or councilmember Interested in learning: The impact of not resolving an issue. How to identify conditions that promote consensus or detract from it. How to determine whether you are part of the problem and why. How to create and maintain a positive climate for open discussion and decision-making. How your approach to communicating with colleagues can build consensus. How to frame issues for more effective discussion. • How to work with colleagues who don't have a team focus. When on outside facilitator is needed. Faculty includes experts on consensus building and teamwork and veteran elected officials. Registration fee: $40 per person Registration deadline: May 12, 1995 Space is limited r -------- -------------------------- - - - -- I I I i Y CS* Sign me up for the special l2MC Leadership Institute Program Beyond Council Gridlock: Workin g Toward Consensus � Y � � Ci ry Name I Title I Address City /State /Zip � 4 Contact Daytime phone � I Registration fee: $40 per person • Return form with payment to League of Minnesota Cities, Finance Department, 3490 Lexington Avenue North, St. Paul, MN 55126. (612) 490.5600 • (800) 925 -1122 • TDD (612) 490 -9038 • Fax 1612) 490-0072 L ------------------------------------- —� Feel free to duplicate for multiple registrations April 14, 1995 Page 17 LMCIT 1995 Safety and Loss Control Workshops P Don't delay, register today! There are new topics, new concurrent Administrative year -round exposure of seasonal tracks, and new speakers for the 1995 Issues covered in the administrative equipment. sessions. Here's just a sampling: track are revoking or suspending "Taking a trip on a defective sidewalk is licenses, employment claims, alterna- Emergency personnel no vacation," "We can work it out," tive dispute resolution, and controlling In the emergency personnel track, "Road work ahead," "Phantom of the signs and unwanted businesses. We the Minnesota Department Public property exposure," and "Firefighter will also discuss establishing policies Safety, Emergency Services Di vision, 500 revisited." Sound intriguing? and procedures for accident investiga_ will discuss the Minnesota Incident All cities are invited to attend a one- tions, drug and alcohol testing, and Management System, the Department day workshop on safety and loss the reasonable accommodation of Transportation's Emergency prevention issues. Attached is a com- requirements under the h Americans Response Guide, critical incident plete program and the dates /locations with Disabilities Act (ADA). reporting requirements, procedures for the workshops. These workshops for contacting the state duty officer, focus on practical steps cities can take Public works and available resources. There will also to avoid losses and reduce the cost of The public works track will tackle be sessions on emergency response losses that do occur. Sessions begin at issues such as techniques for reducing driving policies and tuberculosis and 8:30 a.m. and conclude by 3:30 p.m.. the risk of falling, minimizing claims other bloodborne pathogens. The day is divided into five tracks: for defective sidewalks, work site safety, and the importance of street mainte Vent Track Time nonce and record keeping. The agent track will explore the pros Administrative 8:30 a.m. -3:30 p.m. and cons of excess liability insurance, Public works 8:30 a.m: 11:30 a.m. Parks and recreation contract language and certificate of Agent 8:30 a.m: I1:30 a.m. The parks and recreation track insurance provisions, blanket coverage Parks and 12:30 p.m.-3:30 p.m. includes presentations on personal limits, scheduling property, and auto recreation protective equipment, background physical damage. Agents can also learn Emergency 12:30 p.m. -3:30 p.m. checks for volunteers, playground more about LMCIT's newest offering — • personnel standards, and the problems caused by faithful performance and fidelity bond coverage. Participants are encouraged to move between tracks to hear presentations on the topics which interest them. Registration 1995 Safety and Loss Control Workshops Registration is only $15. Each Si tes and Locat ions participant will receive a Safety and Loss Control Workshop manual, D refreshments, and lunch. LMCIT City Facility encourages all cities to send at least Tuesday, April 18 Marshall Marshall Best Western Inn one person to the workshop in your area. Because of the valuable informa- Wednesday, April 19 Mankato Mankato Civic Center tion gathered at these workshops, your city could recoup the registration fee Tuesday, April 25 Rochester Rochester Civic Center by P gJ reventin 'ust one claim. Wednesday, April 26 St. Louis Park Sheraton Park Place To register, please complete the registration form on the next page. Wednesday, May 3 Crookston Northland Inn For further information, contact Lynda Woulfe or 1 El en Longfellow at the Thursday, May 4 Hibbing Kohler Park Plaza League offices, (800) 925-1122 or (612) 490 - 5600. Approval is pending for POST credits and Commerce Department continuing education credits for insurance agents. [� • Page 18 LMC Cities Bulletin Registration Form 1995 LMCIT Safety and Loss Control Workshops PLEASE CHECK THE DATE PLEASE CHECK THE TRACK(S) YOU YOU PLAN TO ATTEND: WANT TO ATTEND: Tuesday, April 18 Marshall Administrative Wednesday, April 19 Public Works Mankato Agent Tuesday, April 25 Rochester Parks/Recreation Wednesday, April 26 Emergency Personnel St. Louis Park • Wednesday, May 3 Crookston Thursday, May 4 Registration Fee is $15 per person Hibbing Checks should be payable to the League of Minnesota Cities and mailed at least one week prior to the date of the workshop. Name: Name: Title /City: Title /City: Mailing Address: Mailing Address: City/State /Zip: City/State /Zip: Phone 1 ) Phone ) Mail registration form along with payment to: Finance Department, League of Minnesota Cities, • 3490 Lexington Avenue, St. Paul, MN 55126 -8044 April 14, 1995 Page 19 Municipal ads COMMUNITY DEVELOPM • ENT Municipal ads are printed at no charge to member cities. Ads run in one DIRECTOR. Fairmont (population 12,000). issue only unless notice is received to run a second time. The Cities Bulletin is Southwest Minnesota city seeks qualified, published weekly during the legislative session and once a month during the results- oriented community development interim, the time between sessions. Municipal ads will appear in the next director to lead staff of three and manage available Cities Bulletin. Cities have the right to reject any or all bids on departmental budget of $250,000. Respon- equipment or proposals, and to waive any informalities there. Minnesota sible for economic development, planning, cities are equal opportunity employers. and zoning. Report to city administrator and serve as staff liaison to the Fairmont Economic Development Authority. Salary $37,000 to $45,000. Require B.A. plus five The League of Minnesota Cities CHIEF OF POLICE. Minneota is to 10 years experience in responsible Personnel Services Department can now accepting applications for a chief of police. management position in economic develop - assist your city in filling vacancies or new Qualifications include being licensed as a ment, planning, zoning, and housing. The positions. Please contact Personnel full -time peace officer in Minnesota, a Brimeyer Group Executive Search, 904 Adviser Kay McAloney for a proposal or minimum of three years experience in law Mainstreet, Suite 205, Hopkins, MN 55343, more information on this service (800) enforcement, and proof of the current full- (612) 945 -0246, FAX (612)945 -0102. 925 -1122 or (612) 490 -5600, ext. 282. time license must accompany the applica- FACILITY /MARKETING MAN - tion. Salary range is $24,000 to $30,000 per AGER. Grand Rapids is seeking a new year commensurate with experience and position of facility /marketing manager. qualifications. Proof of current licensure, a Responsibilities include maintenance Positions complete resume, and two letters of operations and planning, development, and ADMINISTRATIVE INTERN. reference must accompany the application. administering all marketing plans for Shoreview (population 25,900) is accepting For an application contact Betty J. programming year around activities for the applications for an administrative intern to Thomsen, Clerk/Administrator, City of IRA Civic Center. Qualifies include work 40 hours per week for approximately Minneota, P.O. Box 307, Minneota, MN education equivalent to graduation from six months. Responsibilities include 56264, (507) 872 -6144, Monday through college with a bachelors degree in business/ economic development program, business Friday, 8:00 a.m. to 5:00 p.m. Application marketing or related field, and/or two years • retention schedule, community information, deadline is July 1, 1995. experience in promotions, planning, and housing inventory, and special projects as COMMUNITY DEVELOPMENT managing a multiuse facility. For an assigned. Qualifications include public DIRECTOR. Arden Hills (population application form contact City Administra- administration or planning background; 9,400) is accepting applications for a tion Office, 420 North Pokegama Avenue, must be currently pursuing or have a degree community development director. Respon- Grand Rapids, MN 55744. Applications in sibilities include managing an Tannin public d administer - p b tc administration or g g deadline g• P dime is May 19 1 5 y 99 . related field; and a valid driver's license. ing a department which is responsible for FINANCE OFFICER. Spicer has an Computer skills preferred. Salary is $10 per Planning, zoning, community and economic immediate opening for a finance officer hour. Submit city application and resume by development, code enforcement, and who reports to a mayor and four member April 26, 1995 to Personnel Coordinator, recycling. The successful candidate will be council. Responsibilities include all areas of 4600 North Victoria Street, Shoreview, MN a result oriented professional with signifi- cash management, budgeting, financial 55126. For an application call (612) 490- cant experience in planning, community reporting and planning, bonds and debt, 4610 or TDD 490 -4750. development, and intergovernmental insurance, payroll and benefits, and BUILDING OFFICIAL. The Joint relations. Minimum requirements include a administration. Spicer is a growing lake Powers Board of the cities of Sandstone, bachelors degree in planning, public, or community with a budget of $970,000. Hinckley, and Pine City is accepting business administration or closely related Qualifications include de in accounting applications for a State Certified Building field, masters preferred with two to three or two year accounting degree with at least official. Responsible for plan review and years responsible experience in a local three years experience; operate in a inspections of all construction activities. government planning department or in a dynamic environment requiring consider - Also responsible for some planning management position providing knowledge able unsupervised, independent action, and activities and zoning enforcement to in guiding development. Should have strong a high level of decision making and varying degrees in each city. This position communication, negotiation, and supervi- responsibility. Starting salary is $8.50 to requires a solid code background and sory skills. Salary range is $38,000 to $10 per year with benefits depending on mature judgment in interpretation of the $51,000 DOQ. Resume, application, and qualifications. For an application and job codes and ordinances. Must have good five work related references must be description contact Spicer City Office, 334 public relations skills. Valid Class "C" received by May 1, 1995. City of Arden Lake Avenue North, EO. Box 656, Spicer, drivers license is required. Salary DOQ. Hills, 1450 West Highway 96, Arden Hills, MN 56288, (612) 796 -5562. Application Send resume b Aril 15, 1995 to: Joint MN 55112, (612) 633 -5676. Y P deadline is May 5, 1995. Powers Board, City of Hinckley, PO Box 366, Hinckley, MN 55037. Page 20 LMC Cities Bulletin 9 Municipal ads continued • LINEMAN. Barnesville (population tion, and five work related references to For sale 2,098) is seeking applications for the City Administrator, 1450 West Highway 96, MISCELLANEOUS ITEMS. St. position of lineman. Applicants should be Arden Hills, MN 55112, (612) 633 -5676. Cloud park and recreation has for sale one high school graduates and have either two Application deadline is May 1, 1995. three -wheel water bike —$50 or best offer, years and 200 hours of "hot time" or have PUBLIC WORKS SUPERVISOR. St. eight pair of water bike pontoons —$100 graduated from a Technical College Paul Park (population 5,200) is accepting per pair or best offer, 60 each hockey rink Lineman program. A full job description applications for a public works supervisor. panels with braces —$5 each or $250 or all and application may be obtained by Responsibilities include the overall or best offer. For more information or to contacting city hall at (218) 354 -2292 or by direction, supervision, and administration of make an appointment to view the items writing to PO Box 550, Barnesville, MN the street, water /sewer, and parks depart- contact Mr. Larry Haws or Mr. Roger 56514. Starting salary DOQ plus excellent ment; equipment maintenance programs of Kapsch at 255 -7216 or mail written offers benefits. Application deadline is April 17, the department and public works buildings; to St. Cloud Park and Recreation Depart- 1995. plans, develops, and implements methods ment, 400 South Second Street, St. Cloud, POLICE OFFICER. Shelly is and procedures which maximize the level of MN 56301. The owner reserves the right to accepting resume and compensation service to the citizens of St. Paul Park. reject an or all offers and to waive an requirements for a police officer to manage Minimum qualifications include high y y informalities or technicalities in the offers. and operate a one - person police department. school graduate or GED; five years PUMPER FIRE TRUCK. Sealed bids Must be licensed by the MN P.O.S.T. Board experience in a municipal maintenance for the purchase of a 1995 Model Pumper and have graduated from an accredited department or related field; two years Fire Truck will be received by the City college or university. BCA supervisory supervisory experience in maintenance Clerk, Starbuck City Hall, 407 Wollan, training and small community police work operations including that of sanitary sewer Starbuck, MN 56381 until 4:00 p.m. on the preferred. Submit resume and compensation systems and water distribution systems; 27th day of April, 1995. Bids will be requirement to City of Shelly, P.O. Box must possess a Class B commercial drivers opened publicly and read at a special 126, Shelly, MN 56581. Deadline is April license with air brake endorsements; meeting of the Starbuck Fire Department 26, 1995. experience in budget preparation/manage - Truck Committee at 7:00 p.m. on April 27, PUBLIC WORKS POSITIONS. ment; and good communications and 1995 in the City Council meeting room. Forest Lake is accepting applications for leadership skills. Starting salary is depend- The proposed unit shall be a new 1995 two public works positions. Responsibilities ing on qualifications with range of $40,000 custom manufactured unit. Plans and include maintenance on the town's sanitary to $43,900. For an application and position specifications are on file at the office of the sewer systems, roads, and parks. For description contact City of St. Paul Park, City Clerk. Bids will be reviewed for applications and job descriptions contact 900 Third Street, St. Paul Park, MN 55071 acceptance or rejection by the Starbuck City Alan W. Borsheim, Town Administrator, or call (612) 459 -9785. Cover letter and Council at their regular meeting on May 8, Town of Forest Lake, 21350 Forest Blvd. resume should accompany application and 1995 at City Hall. Questions should be N., Forest Lake, MN 55025, (612) 464- the deadline is May 5, 1995. directed to the City Clerk's Office (612) 4348. Deadline for applications is May 1, WATER/WASTEWATER DEPART 239 -2525. 1995. MENT SUPERVISOR. Benson is seeking TRACTOR/LOADER. Corcoran is PUBLIC WORKS SUPERINTEN- qualified applicants for a water /wastewater accepting sealed bids for a Ford 5500 DENT. Arden Hills (population 9,400) has department supervisor. Responsibilities tractor /loader backhoe. Needs engine work. an immediate opening for a public works include planning, directing, coordinating, Bids will be accepted until 10:00 a.m. on superintendent. Starting salary is DOQ. supervising, and participating in all May 10, 1995 at Corcoran City Hall, 8200 Responsibilities include the planning, operation, maintenance, and construction Co. Rd. 116, Corcoran, MN. For more budgeting, fleet management, operations activities of the water and wastewater information contact Dan Brotzler at (612) and supervision of the city's street, water department. Qualifications include 420 -2288. and sewer system. Directly supervise one possession of valid Minnesota Class B foreman and five maintenance employees. wastewater operator's certificate and Class Minimum of five years experience in C water operator's certificate. Previous municipal public works, heavy construc- supervisory experience a plus. Salary range tion. or fleet maintenance required, is $30,000 to $32,000. Send resume to Previous supervisory experience of one to Brian Flynn, Director of Public Works, two years. Must have Class B and commer- 1410 Kansas Ave., Benson, MN 56215. cial drivers license. Send resume, applica- Application deadline is May 1, 1995. • April 14, 1995 Page 21 FIRST CLASS U.S. POSTAGE PAID St. Paul, MN • PERMIT NO. 3223 League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126-8044 Phone: 612490.5600 Fax: 612490-0072 TDD: 612490-9030 4 1-800-925-1122 i The League of Minnesota Cities publi the Cities Bulletin weekly during the 1 J. 1 j I %,i�, Legislative session and monthly during the interim, the time between sessions. Subscriptions: members-S30; non- members-$45. Contact: Publications Department, League of Minnesota Cities. Where to get information at the Capitol Copies of bills House Chief Clerk's Office - 296-2314, Rm. 21 * Secretary of Senate's Office - 296-2343, Rm. 231* Bill status, authors, companion, League of Minnesota Cities staff working with legislative issues committee referral (by bill number, • author, or topic) Jim Miller, Executive Director House Index - 296-6646, Rm. 211* Duke Addicks, Director of Member Services Senate Index - 296-2887, Rm. 231 Stan Peskar, General Counsel Pensions Weekly committee schedules, bill introductions, and summaries of I Gary Carlson, Director of Intergovernmental Relations committee and floor action E-mail: GARYC226@AOL.COM House Information Off - General revenue sources for cities 296-2146, Rm. 175** Senate Information Office - Local government trust fund Aid to cities 1 96-0504, Rm. 231 Property tax system Recording of the following day's Ann Higgins, Intergovernmental Relations Representative committee schedule and agenda, (after 4:30 p.m.) Telecommunications Housing "House Call" - 296-9283 Elections and ethics Senate Hotline - 296-8088 Utility service districts To reach a member on the House Joel Jamnik, Senior Intergovernmental Relations Representative or Senate floor Growth management and land use House Sergeant at Arms - Z Environmental protection 296-4860 Personnel and labor relations Senate Page Desk - 296-4159 Public safety General municipal governance To notify the governor's office of your concerns Andrea Atherton, Legislative Liaison i • Governor Ame Carlson - 296 3391, Rm. 130* Mary Diedrich, Legislative Secretary *State Capitol, St. Paul, MN 55155 1 "State Office Building, St. Paul 55155 Julie Johns, Legislative Secretary All area codes are 612 Council Meeting Date 04/24/95 31 C4 of f Brooklyn Center Agenda Item Numbe Request For Council Consideration • Item Description: Staff Report Re: Revocation of Municipal State Aid Designation on Certain Street Segments, and Addition of Municipal State Aid Designation on Certain Street Segments Department Approval: 41,1, - _ v, V" aw� Scott Brink, City gFgineer Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve two (2) separate resolutions: one establishing a portion of 73rd Avenue as a Municipal State Aid Street, and the other revoking Municipal State Aid Street designation for a portion of 67th Avenue North. • Summary Explanation: (supporting documentation attached ) Revisions to the City's Municipal State Aid Street designation system have been approved by Mn /DOT. The City Council previously approved this revision procedure on February 27, 1995. To finalize this revision, Mn /DOT requires two certified resolutions from the City Council. The two resolutions are as follows: n 73rd Avenue North as a Munic State Aid Street between r e so lution establishing P 1. A eso g Humboldt Avenue North and Dupont Avenue North. 2. A resolution revoking Municipal State Aid Street designation on 67th Avenue North from Dupont Avenue North to T.H. 252. Background The City of Brooklyn Center's Municipal State Aid Street System (MSAS) is constructed and maintained by State Aid funds under the rules and regulations of the State of Minnesota. State Aid streets must meet certain design and usage criteria as required by Mn /DOT. Approximately 21 miles of Brooklyn Center's streets are designated as Municipal State Aid Streets. These streets are typically the collector streets, or streets with the higher traffic volumes. T.H. 252 portions of the stem are no longer up -to -date within City's MSAS s With the completion of , p y Y the northeast portion of the City. Because 67th Avenue North no longer connects with T.H. 252 (old Lyndale Avenue), it is now a dead end local street and does not serve as a collector street. 73rd Request For Council Consideration Page 2 Avenue North however, now connects with T.H. 252 and provides a link with 2 other collector streets, Humboldt Avenue and Dupont Avenue. Because 73rd Avenue North also serves as the City limit, • MSAS designation would be shared with Brooklyn Park. The mileage to be revoked is 0.39 miles while the newly designated mileage for 73rd Avenue will be 0.13 miles. Because the City already has 0.13 miles available, the total remaining mileage available for State Aid designation is 0.39 miles. The redesignation of these MSAS streets will provide accurate representation and better cost effective management of the City's infrastructure needs in this area. • • c� l . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REVOKING MUNICIPAL STATE AID STREET (67TH AVENUE NORTH FROM DUPONT AVENUE NORTH TO T.H. 252) WHEREAS, it appears to the City Council of the City of Brooklyn Center that the road hereinafter described as a Municipal State Aid Street under the provisions of Minnesota laws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the road described as follows, to -wit: MSAS 112 -010 That ortion of this segment of 67th Avenue North from Dupont P g P Avenue North to 163 feet east of Colfax Avenue North MSAS 112 -020 69th Avenue North from 163 feet east of Colfax Avenue North to Camden Avenue North MSAS 112 -030 67th Avenue North from Camden Avenue North to T. H. 252 be, and hereby are, revoked as Municipal State Aid Streets of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the Deputy City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration. Date Mayor ATTEST: Deputy Clerk P Y The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the followi voted g a gainst the same: b whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and • moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING DESIGNATION OF A MUNICIPAL STATE AID STREET (73RD AVENUE NORTH FROM HUMBOLDT AVENUE NORTH TO DUPONT AVENUE NORTH) WHEREAS, it appears to the City Council of the City of Brooklyn Center that the street hereinafter described should be designated Municipal State Aid Street under the provisions of Minnesota law. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota that the road described as follows, to -wit: MSAS 118 -005 73rd Avenue North from Humboldt Avenue North to Dupont Avenue North be, and hereby is established, located, and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. • BE IT FURTHER RESOLVED, that the Deputy City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Brooklyn Center, to be numbered and known as Municipal State Aid Street 109-118-005. Date Mayor ATTEST: Deputy Clerk I hereby certify that the above is a true and corrected copy The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date 4/24/95 p 31 City of Broo Center Agenda Item Number 0 Request For Council Consideration • Item Description: Staff Report Re: Arbor Day and Earth Day Activities Department Approval: Diane Spector, Directo�9f Public Servi es Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Staff report. Consider a proclamation declaring Arbor Day and Arbor Month in Brooklyn Center. Summary Explanation: (supporting documentation attached Yes ) For the third year in a row, Brooklyn Center has been named a Tree City USA by the National Arbor Day Foundation. The attached memo from Public Services Administrative Aide Joyce Gulseth provides background on the Tree City USA award, and details the City's plans for an Arbor Month celebration in cooperation with Willow Lane School. The Council may recall that last year's celebration was coordinated with Earle Brown School. We hope to make this a travelling event. Our urban forest is an essential part of our daily lives, yet it often is taken for granted. We reported to the National Arbor Day Foundation 1994 expenditures of $106,843.53 on various forestry activities. This includes boulevard and park tree trimming, planting, and other maintenance; the City's share of diseased tree removal costs and administrative costs; reforestation and landscaping completed via our street and other improvement projects; and special projects such as our Residential Reforestation Program, which annually awards up to sixty $50 coupons to property owners who have lost a tree due to disease. (The $50 may be applied toward purchase of a replacement tree, under certain conditions, such as species variation, location, and choice of nursery.) Yet, even given these expenditures, we have not been able to address in any significant way the loss of thousands of boulevard elm trees due to disease. Our goal at this time is to achieve no net loss of trees, by providing incentives such as the Residential Reforestation program to property owners to replace trees lost; by replacing trees lost in the parks and on City- maintained boulevards; and by plantings on improvement projects. We strive to keep trees lost due to construction to a minimum. i Request For Council Consideration Page 2 Earth Day • The City's Earth Day celebration will take place Saturday, April 22, with the kick -off of our Adopt- Week. We _ f Volunteer Recognition a art o A Park/Trail /Street program. This celebration is also P g P continue to be pleased with the cross - section of the community which participates in the Adopt -A- Park program, with volunteer groups ranging from service organizations, scouting groups, and employee ven individuals and families adopting facilities. groups to day cares neighborhoods and e P g g P Y g • • MEMORANDUM Date: April 17, 1995 To: Diane Spector From: Joyce Gulseth Subject: Arbor Day /Earth Day Activities The National Arbor Day Foundation has designated Brooklyn Center as a Tree City USA for the third year. The Tree City USA award, a designation which must be renewed annually, is sponsored in cooperation with the National Association of State Foresters. To become a Tree City USA, a community must meet four standards: a tree board or department, a city tree ordinance, a comprehensive community forestry program, and an Arbor Day observance. The award indicates that the City takes our municipal tree -care responsibilities seriously. An effective community forestry program is an ongoing process of growth and renewal —a program of planting and care that continues through the years. Nearly 130 cities in Minnesota achieved the status this year. The DNR, Division of Forestry hosts the Metro Region communities in an informal awards luncheon on Thursday, April 20. Mayor Kragness, Ole Nelson and I will represent the City at the presentation ceremony. • Attached is a resolution recognizing the designation of Brooklyn Center as a Tree City USA. g g g Y ty ARBOR DAY CELEBRATION Attached is a proclamation declaring April 28 as Arbor Day, and May, 1995 as Arbor Month in Brooklyn Center. The City of Brooklyn Center along with the students from Willow Lane Elementary School will celebrate Arbor Month at Willow Lane Park on May 17, 1995. Recognizing that trees play a vital role in strengthening our community's basic framework, the City has made a commitment to continue the "outdoor classroom" concept introduced last year with a multi -year plan to enhance our parks and increase awareness among youth of Arbor Month and the benefit of trees. Student Council members will assist the City's park personnel in planting six trees in Willow Lane Park to begin the establishment of a mini - arboretum for students to enjoy and study. The entire student body of Willow Lane Elementary School will participate in the ceremony which will be held at park. Both faculty and students have become ambitiously involved in the planning of this event. Buttons have been made for the nearly 400 people who are expected to attend the event and a . poster contest is underway. Proclamations, poems, creeds, a play, music, balloons and refreshments will round out the occasion. In the event of inclement weather, the ceremony will be held in the school gymnasium. • EARTH DAY OBSERVANCE In observance of Earth Day 1995, volunteers for the Adopt -A- Park /Trail /Street Program will participate in the spring kick -off event Saturday, April 22. Attached is a newsletter that was sent to the groups participating in the program highlighting details of the event. • PROCLAMATION DECLARING APRIL 28, 1995 AS ARBOR DAY AND MAY, 1995 AS ARBOR MONTH IN BROOKLYN CENTER WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying air and water, helping conserve soil and energy, creating jobs through a large forest products industry, serving as recreational settings, providing habitat for wildlife of all kinds, and making our cities more livable; and WHEREAS, Trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, Human activities such as construction damage and pollution, as well as drought, disease and insects threaten our trees, creating the need for concerted action to ensure the future of urban and rural forests in our state, country, and world; and WHEREAS, We are in a decade that emphasizes the environment and how people can positively impact world problems like "global warming" by locally planting trees and ensuring that these trees are nurtured, protected, and wisely used in the years • ahead; and WHEREAS, The message of Earth Day, whose twenty-fifth anniversary is this year, is still strong, teaching children and adults alike that trees are related to all components of the environment - air, water, soil, and wildlife; and WHEREAS, Brooklyn Center has been recognized as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree - planting ways NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim April 28, 1995 Arbor Day and May, 1995 as Arbor Month in the City Brooklyn Center, and I urge all citizens to support efforts to care for our trees and woodlands and to support our city's community forestry program. Date Mayor Attest: Deputy Clerk Cl ean Swee S pring, A newsletter for Adopt -A- ark / rail/ treet Volunteers Earth Day sets stage for Spring Kick -off Why Be Involved? MARK YOUR CALENDARS! You are encouraged to invite If a community had to The spring kick -off for the Adopt- family members and friends, as itemize its natural resources, A- Park/Trail /Street program will well as business associates to its parks, trails and nature be held on April 22, Earth Day join you. Please call Joyce areas would be at the top of 1995. Your participation in this Gulseth at 569 -3327 by the list. When it comes to exciting and rewarding activity Tuesday, April 18, to indicate sizing up cities, it is the will demonstrate a strong how many volunteers will be appearance of local parks, attending from your trails and streets that truly group. separate the giant oaks from A Trash Treasure the saplings. Hunt is being planned as Litter destroys the natural part of this years' spring aesthetics of any city, no EARTH event. Special pieces of matter how beautiful the parks. The third planet from trash will be marked in It is also very expensive. the sun, having a sidereal each project site with a Although the program eriod of revolution Brooklyn Center label. focuses on picking up litter !out the sun of 365.26 The participant who and planting flowe the city - days at a mean distance finds the specially also seeks assistance in of 92.96 million miles, an axial rotation period of marked trash can identifying safety hazards and 23 hours 56.07 minutes, redeem it at the other associated issues. With an average radius of community center for a your help, maintenance crews 3,959 miles, and a mass prize following the can devote more time and of approximately 13.17 x clean -up. A drawing effort to other important park 10 pounds will be held during the projects. breakfast to choose the A litter free community is environmental awareness and site that will be eligible for the satisfying to residents. It is concern for our communit so inviting to visitors and y y Grand Prize — a Family Pass al g Volunteers will be treated to for one month at the community prospective new citizens and coffee juice and rolls from m 8.30 center. businesses. By helping keep to 9:30 a.m. in constitution hall in city parks, trails and streets the lower level of the community n attractive and free of litter, center before they tackle the first ' ownership and a sense of pride clean-up of the season of their in the community is 4** A?li adopted sites. Because of the estab lished. limited supplies of gloves and pick -up sticks in the park division, E Tj volunteers are asked to provide _ j "� j j j it own supplies for this clean- D AY: up. Trash bags will be available at constitution hall on Saturday = T�, A chance to y rescue it. morning. A Clean Sweep Page 1 Thanks to all the volunteers who are giving their generous support to the 1995 Adopt -A- Park /Trail /Street Program PARKS Arboretum, Carol Stauber, Elizabeth Muellner, and Region B Campfire Boys and Girls Bellvue, Brooklyn Center Lioness Club Brooklane, Garden City Elementary Central, B.C. Rotary Club Evergreen Park, Evergreen Park School & PTO and Bullfrogs & Butterflies Childcare Firehouse Park, Brooklyn Center Charter Commission Freeway Park, Friends of Freeway Park Garden City Park, Brookpark Dental Center Grandview, Children's World and Earle Brown Elementary Happy Hollow, Boy Scout Troop #401 Kylawn, Girl Scout Troop #1606 Lakeside Park, Brooklyn Center Park & Recreation Commission Lions Park, Girl Scout Troop #1789 Marlin Park, Brooklyn Center Park & Recreation Commission Orchard Park, Kids On The Move Daycare Palmer Lake West, Palmer Lake Elementary Riverdale, Dallas Road Neighbors River Ridge, Cub Scouts - Den 5 - Pack 401 Twin Lk Island /Twin View Outlots, Twin Lake Association Twin Lake Peninsula, Tim Olson Twin Lake North, Ray & Dolores Beach Wangstad, Brookdale Chrysler Plymouth Willow Lane, Willow Lane Student Council and Girl Scout Troop #759 TRAILS County Road 10, Brooklyn United Methodist Church Earle Brown Drive, Textron Financial Corp. Freeway Blvd. East, Barnacle Bill's Steak & Seafood Freeway Blvd. West, Holiday Inn Staff Shingle Creek Pkwy North, Brooklyn Swim Club Shingle Creek Pkwy South, Target, Brooklyn Center" Good Neighbors" West River Road, Loony Weavers STREETS 69th Avenue, Cub Scout Pack 632 Den 9 Lilac Drive, Brooklyn Center Lions Club,, Shingle Creek North, City of Brooklyn Center Employee Action Committee Shingle Creek South, Humboldt Avenue Substation A Clean Sweep Page 2 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA WHEREAS, the City of Brooklyn Center is committed to preserving and enhancing its urban forest; and; WHEREAS, The National Arbor Day Foundation, upon the recommendation of the State of Minnesota forester, has designated Brooklyn Center as a Tree City USA in recognition of 1994 forestry activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Council hereby recognizes and accepts the designation of Tree City USA on behalf of the residents of Brooklyn Center. 2. The council reaffirms its commitment to urban forestry, and directs staff to, within the constraints of existing resources, continue a high level of maintenance and reforestation efforts. 3. The council commends city staff and the residents of Brooklyn Center for their work in maintaining and enhancing Brooklyn Center's urban forest. Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.