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1994 04-25 CCP Regular Session
CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER APRIL 25, 1994 7 p.m 1. Call to Order 2. Roll Call /7 3. Opening Ceremonies 4. Open Forum 5. Council Report i 6. Approval of Agenda and Consent Agenda U- -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. j 7. Approval of Minutes: April 6, 1994 - Special Work Session b. March 28, 1994 - Regular Session C. April 11, 1994 - Regular Session 8. Mayoral Appointments: a. Ad Hoc City Communications Task Force b. Human Rights and Resources' Commission C. Tri-City Airport Commission 9. Public Hearing: (7 p.m.) a. On Proposed Modification of the Earle Brown Farm" Redevejp ment Project No 1 1. Resolution Approving Modification to Project Plan for Housing Development and Redevelopment District No. 1 (Formerly the Earle Brown Farm Redevelopment Project Area) -Before opening the public hearing and taking action on Council Resolution No. 9al, the Council should adjourn and convene the EDA meeting to take action on EDA Resolution No. 6a. The Council may then reconvene, open the public hearing and take action on Council Resolution No. 9al. oi CITY COUNCIL AGENDA -2- April 25, 1994 10. Planning Commission Item: a. Planning Commission Application No. 94002 submitted by Brookdale Car Wash. Request for special use permit and site and building plan approval to construct a 5,149 square foot addition to the car wash at 5500 Brooklyn Boulevard. This application was recommended for approval by the Planning Commission at its April 14, 1994 meeting. , 11. Ordinance: a. An Ordinance Vacating Part of a Sanitary Sewer Easement, Tract A, Registered Land Survey No. 1377, 2700 Freeway Boulevard -This item is presented tonight -for a first reading. 12. Discussion Items: a. Legislative Update b. Arbor Day /Arbor Month Celebrations 1. Resolution Rec�,- gnizing the Designation of Brooklyn ,Center as a Tree City USA S A 2. Proclamation Declaring April 29, 1994 as Arbor Day and May, 1994 as Arbor Month in Brooklyn Center C. Northeast Transportation Corridor Task Force Update d. City Attorney Selection Process 13. Resolutions: ��, °� �_.� a. Approving Specifications and Authorizing Advertisement l for Bids for the Acquisition of a Liquor Inventory Control System , * b. Amending the Order for the Storm Water Pond Improvement Project No. 1992 -29 and Park Development i g, c. Directing Staff to Initiate the Sale of Bonds for Street and Storm Water Improvements and Accepting Proposal for Professional Services * d. Accepting Bid and Awarding Contract for 1994 Diseased Tree Removal, Improvement Project No. 1994 -22 Contract 1994 -C�p` e. Amending Fee Schedule for the Administration of Tree Removal Accounts .r r l CITY COUNCIL AGENDA -3- April 25, 1994 ,. f. Accepting Approving Change Order No. 1, Accepting Work Performed and Approving Final Payment for Contract 1994 -B (Pedestrian Bridg , repairs at Centerbrook Golf Course, Improvement Project No. 1993 -21) " � F Approving Acquisition of Storm Sewer Easements Relating to Improvement Project No. 1994 -12, Utility Improvements, Northwest Nigh orho xl- � r h. Authorizing xecution of An Amended Joint and Cooperative Agreement, g Pe g t, Northwest Suburbs Cable Communications Commission r � * i. Adopting Administrative Organizational Structure as Recommended by the Financial Commission 4 - This resolution approves first reading of An Ordinance Amending Chapter 6 Regarding the Administrative Code. 14. Licenses 15, 'Adjournment t - CITY OF BROOKLYN CENTER Cot=it Meeting Date Avri125, 1994 Agenda It. Number d, REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL MINUTES - APRIL 6 - SPECIAL WORK SESSION CITY COUNCIL MINUTES - MARCH 28, 1994 - REGULAR SESSION CITY COUNCIL MINUTES - APRIL 11, 1994 - REGULAR SESSION DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMM ENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL WORK SESSION APRIL 6, 1994 EARLE BROWN HERITAGE CENTER CAPTAIN'S ROOM Mayor Paulson called the meeting to order at 6:40 p.m. in the Earle Brown Heritage Center Captain's Room. Present at roll call: Mayor Todd Paulson, Councilmembers Barb Kalligher, Dave Rosene, and Celia Scott. Absent members: Councilmember Kristen Mann. Others present: City Manager Gerald Splinter and Acting Assistant City Manager Kim Sykes. The purpose of the work session was for the Council to interview three law firms: Popham, Haik, Schnobrich & Kaufman; Holmes & Graven; and Barra, Guzy & Steffen. The Council is considering hiring one of the three to provide civil law services to the City of Brooklyn Center. Councilmembers interviewed the three law firms and, after discussion, eliminated further consideration of the firm Barna, Guzy & Steffen. The City Council requested the City Manager to arrange a half -hour session with Lee Sheehy of Popham, Haik, Schnobrich & Kaufman prior to one of the next two City Council meetings. Mr. Sheehy was the only representative of Popham, Haik, Schnobrich & Kaufman who could not make it to the presentation and would be the lead attorney for that firm if they were chosen to represent Brooklyn Center. The City Councilmembers expressed misgiving over trying to make a decision between the final two without meeting Mr. Sheehy. The Council then expressed that after that meeting they would make a final decision between Holmes & Graven and Popham, Haik, Schnobrich & Kaufman. Mayor Paulson adjourned the meeting at 9:45 p.m. City Clerk Todd Paulson, Mayor 4/6/94 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 28, 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:02 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Financial Commission Chair Donn Escher, City Attorney Charlie LeFevere, City Engineer Mark Maloney, Public Works Coordinator Diane Spector, and Council Secretary Kathy Stratton. Councilmember Celia Scott was excused from this evening's meeting. OPENING CEREMONIES Pastor Alan Johnson offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS No reports were given. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Kalligher requested item l lh be moved and item 10a be moved to the end of the Discussion Items. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve the March 28, 1994, agenda and consent agenda with requested changes. The motion passed unanimously. 3/28/94 - 1 - APPROVAL OF MINUTES MARCH 7 1994 - SPECIAL WORK SESSION There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve the minutes of March 7, 1994, special work session as printed. The motion passed unanimously. MARCH 14, 1994 - REGULAR SESSION There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve the minutes of March 14, 1994, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94 -54 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE LIONS CLUB OF BROOKLYN CENTER FOR THE AFTER SCHOOL PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -55 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE LIONS CLUB OF BROOKLYN CENTER FOR THE "ENTERTAINMENT IN THE PARKS" The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -56 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 13 THROUGH JUNE 26 The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 3/28/94 -2- RESOLUTION NO. 94 -57 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SY KNAPP The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -58 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE 1994 DISEASED TREE REMOVAL PROGRAM, APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1994 -22, CONTRACT 1994 -C The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -59 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 1993 -24, WELL NO. 6 MAINTENANCE, AND IMPROVEMENT PROJECT NO. 1993 -26, WELL NO. 8 MAINTENANCE, CONTRACT 1993 -J The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -60 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO PROVIDE FOR PAINTING JAIL CELLS IN THE POLICE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 3/28/94 - 3 - RESOLUTION NO. 94 -61 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1) TRUCK COMPLETE WITH SEWER VAC CATCH BASIN CLEANER The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -62 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING PAY EQUITY IMPLEMENTATION REPORT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. LICENSES There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve the following list of licenses: MECHANICAL SYSTEMS Aspen Heating and Air Conditioning 1871 East Minnehaha Brady Mechanical Services, Inc. 3075 -C Spruce Street Faircon Service 2668 Patton Road Kraemer Heating 7441 Dallas Court McQuillan Brothers Plumbing & Heating Co. 452 Selby Avenue Metropolitan Mechanical Contractors, Inc. 7340 Washington Avenue S. Pride Mechanical 3025 NE Randolph Street R & S Heating and Air Conditioning 21357 Hemlock Avenue Ron's Mechanical 1812 E. Shakopee Avenue Standard Heating and Air Conditioning Co. 410 West Lake Street Superior Contractors, Inc. 6121 42nd Avenue N. RENTAL DWELLINGS Initial: William and Constance O'Dell 4201 Lakeside Avenue N. #108 Steve Bruggeman 4201 Lakeside Avenue N. #307 Renewal: Brookdale Towers Program Brookdale Towers Eugene Hanauska 6538 Brooklyn Boulevard Robert and Bonnie Healy 5517 Bryant Avenue N. 3/28/94 -4- 4 Scott Weicht 5301 Dupont Avenue N. Hal Gensler 5214 Great View Avenue N. Ramoodit and Fazee Kimal 6913 Morgan Avenue N. Joseph and Patricia Simmon 2913 64th Avenue N. SIGN HANGER Suburban Lighting, Inc. 6077 Lake Elmo Avenue N. The motion passed unanimously. PRESENTATION - TRAFFIC SAFETY Sergeant Frank Roth introduced Vince and Larry, two "dummies" who were part of the Traffic Safety Board and were on their way to make a presentation urging people to buckle up. He said they would be making several presentations in the near future to neighborhood groups and seniors, and he handed out bumper stickers that read "Don't be a Bumper Sticker - Buckle Up." Mayor Paulson thanked them for their presentation and for the their work in encouraging safety. RESOLUTION (CONTINUED) The City Manager stated this resolution has been developed because of the considerable efforts on behalf of Brooklyn Center made by Representative Phil Carruthers. He added people should be aware of what a good job Representative Carruthers has done and is doing. RESOLUTION NO. 94 -63 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTIONEXPRESSING APPRECIATIONFOR THE EFFORTS OF REPRESENTATIVE PHIL CARRUTHERS DURING THE RECENT LEGISLATIVE SESSION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. Mayor Paulson read the Resolution to the audience. Representative Phil Carruthers spoke to thank the Council for its display of appreciation by passing this resolution. He said trying to get the money for the City was an honor and pleasure. He said Brooklyn Center Staff and City Council were of great assistance to him in his efforts and thanked them for the pleasure of working together. Mayor Paulson asked Representative Carruthers for an update on the current legislative session. Mr. Carruthers responded it will be a fast and productive session estimated to be completed by the end of April. He mentioned two issues on the agenda, the Juvenile Crime Bill, which has passed both the House and Senate, and property tax relief. He said the goal is to help cities help their citizens. 3/28/94 -5- Mayor Paulson thanked him for his work to that end in Brooklyn Center. PRESENTATION - AMERICAN RED CROSS The City Manager called for members of the Red Cross who were scheduled to make a presentation, but no one appeared. PUBLIC HEARINGS PROPOSED USE OF YEAR XX (1994) URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The City Manager explained the step of going before a committee had been eliminated and the issue is being brought directly to the Council. The Community Development Specialist said before the Public Hearing he would like to review the CDBG program and dollar amounts. He said the total allocation of CDBG funds for 1994 would be $261,194, which is a 10% increase from last year. He explained requests from Community Action for Suburban Hennepin for $7,500, Community Emergency Assistance Program for $9,000, Greater Minneapolis Day Care Association for $15,000, and a last - minute request from Caring, Helping, and Providing. He explained Staff is not recommending funding for any of these, not because they do not have merit, but in order to continue funding the EDA home rehabilitation program, scattered site redevelopment, Household Outside Maintenance for Elderly (HOME), and the business retention study which is only eligible for funds one more year. Councilmember Kalligher asked if this is the last year the business retention study is eligible for CDBG funds and whether it is an ongoing program that will have to be funded in another way in the future. The City Manager said the City is trying to make the business retention study self - supporting and explained the program runs from July to July so the dates and times for funding overlap. Mayor Paulson asked how dollar amounts could be moved around if the Council wants to change priorities, and the Community Development Specialist said the Council can amend the program up to either $10,000 or $25,000 without holding a Public Hearing. The Community Development Specialist said he would recommend the City use its own funds for acquisition of property because when using federal funding the procedures have become more restrictive and staff intensive. Councilmember Mann asked how many more years of paying $50,000 per year it would take to reimburse the EDA for scattered site development, and the Community Development Specialist said it would be four more years. 3/28/94 -6 - Mayor Paulson explained he had met today with a person from the Transportation Committee regarding a gap in providing transportation to elderly and disabled people to get to doctor appointments, and he thought that would be a good project for CDBG funds. The City Manager said the Human Rights and Resources Commission had looked into that recently and he would see that staff do some investigation. He added some funds would have to be set aside for that and suggested the Council not fund that type of program now but leave it open for the future by way of amendments. Councilmember Rosene said the Human Rights and Resources Commission would like to see a more comprehensive transportation system not only for seniors but also for low- income families who are having trouble making trips to appointments. Mayor Paulson opened the Public Hearing on proposed use of Year XX (1994) Urban Hennepin County Community Development Block Grant Funds at 7:35 p.m. He inquired if there was anyone present who wished to address the Council. Jim Nicholie, Associate Director of the Greater Minneapolis day care Association, said his organization's goal is to improve care for children and they submitted a proposal to help fund the Sliding Fee Child Care program. He explained 95 % of the people using their assistance are single parents with incomes below 75 % of State median. He said there are over 90 families on the waiting list which is currently taking 18 months. He added if a person goes on welfare he can get assistance right away, but if he wants to keep his job it takes 18 months to get help. Ed Eide, Director of CEAP, said their organization used to provide transportation for seniors but North Memorial Hospital tried doing it to make money and couldn't so they dropped the program. He said that is a typical problem for a non - profit organization to be in competition with others to provide a service. He said Brooklyn Center is the only City that doesn't help fund CEAP. He said CEAP's main objective now is to help people get off of their programs through the family peer advocate system, which has been working well. He gave several examples of people who had been helped in this way. He concluded homes are important, but it's the people inside them that make the difference. Councilmember Rosene asked why CEAP had not requested Contractual Services funds, and Mr. Eide said he thought CDBG funding was the appropriate way to request. The City Manager said CEAP had been given a contract to build a new building after they lost their old one to fire. Charlie Warner from CASH explained his agency is an anti - poverty agency and detailed the service they provide including home mortgage foreclosure prevention. He handed out a brochure put out in conjunction by CASH and Sustainable Resources Center (SRC). He said there could possibly be some funding available from SRC for other things that would free up more CDBG money for programs like his organization's. He said an oversight has been the lack 3/28/94 -7- of programs for a large portion of Brooklyn Center's population, renters, and the lack of citizen participation in the CDBG selection process. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to close the Public Hearing at 7:55 p.m. The motion passed unanimously. The City Manager presented a Resolution Approving Projected Use of Funds for 1994 Urban Hennepin County Community Development Block Grant Program. Councilmember Mann said the agencies represented tonight certainly have merit and there is a need, but she agreed with Councilmember Rosene requests should be made through the annual budget process using the contractual services. There was a motion by Councilmember Mann to approve the resolution as per staff recommendation. Councilmember Kalligher said there are things to take into consideration like transportation. She said she would like to see CEAP get $5,000. Mayor Paulson asked what dollar amount amendments could be made without a Public Hearing, and the Community Development Specialist said changes can be made this evening or with another Public Hearin if necessary and he still didn't know if the figure was $10,000 or Hearing �'Y g $25,000. Mayor Paulson said he would like to designate $25,000 for non - profit organizations and $25,000 for scattered to ed site redevelopment. He said b putting the move into general categories the P YP g Y o g g requests could go to the Human Rights and Resources Commission for review, and the remainder of any money not allocated could be funneled back into the rehabilitation program. The Community Development Specialist explained the County requires submitting individual specific program requests. The City Manager said if the Council goes ahead with the resolution the way it is, he can report back what the dollar limits are for amendments without a Public Hearing and the Council can later amend to the maximum allowable limits. Councilmember Kalligher said she would like to see as much as possible in the rehabilitation of private property because it does have a definite affect on housing in Brooklyn Center. She said she could also see funding CEAP, but not $25,000 for scattered site redevelopment, which she said should be funded out of another source. Councilmember Rosene expressed his concern for setting a precedent to approve funds from organizations upon request. He asked the City Manager if the requests have been researched and if they truly qualify for these funds, which he discovered they did. He said he does not 3/28/94 - 8- want to see these groups going away empty handed. He said he agreed scattered site redevelopment should remain in the EDA's area for funding, the City should undertake nine to eleven rehabilitation projects and still give some assistance to CASH, CEAP, and the Daycare Association, who can also submit applications for additional funding through contractual services arrangement. Councilmember Kalligher asked if $5,000 would be taken out of the rehabilitation program for CEAP. Councilmember Mann said there is a proper process for funding requests to be funneled into other areas of the budget. Mayor Paulson seconded the motion by Councilmember Mann for the purpose of discussion. The City Manager explained social welfare programs are most often functions of counties rather than cities. Councilmember Rosene expressed concern about the ability to amend this budget later, and the Community Development Specialist said the procedure is not that complicated even if a Public Hearing must be held. The City Manager encouraged the Council to remember the CDBG fund source can evaporate over night so they should beware not to get dependent on it or allow organizations to depend on it. RESOLUTION NO. 94 -64 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1994 URBAN ]HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene Voting aye: Mayor Paulson and Councilmembers Mann and Rosene. Voting nay: Councilmember Kalligher. The motion passed. Councilmember Rosene stated he expects to amend the resolution to provide some funding for these groups. PROPOSED IMPROVEMENTS IN THE NORTHWEST AREA IMPROVEMENT PROJECT NOS. 1994 -11 AND 1994 -12 The City Manager introduced the Public Works Coordinator to provide details regarding the process of improvements in the Northwest Area. 3/28/94 -9- The Public Works Coordinator said because of the Building Block process, she would not explain how the proposed improvement process has come about but why the improvements were needed. She stated the cost of maintaining the City's aging streets was $250,000 in 1983 and has risen to $600,000 in 1993 because of the high level of decay. She added sanitary sewer improvements are also drastically needed because of tree roots in the pipes and an estimated $75,000 to $100,000 is being spent each year by residents because of water infiltration. She explained over the next 20 years the City needs to overlay or reconstruct the streets, install curb and gutter, and update lighting, starting with the Northwest Area. She said that special efforts such as decorative lighting and playground equipment could be considered. She said nobody likes special assessments, but the City cannot afford these projects without them, and the cost of not undertaking these improvements now while they are still manageable would be great in the long -run. She said since a large percentage of the roads were built in the 50's and 60's, they will come due for construction at the same time. The City Engineer said the City is at Step #9 in the Building Block process and if there is to be construction in 1994, there must be action taken this evening or soon. He showed slides of the deterioration of roads and sewer pipes and explained the inadequacy of the single existing pipe for drainage. He concluded with a chart regarding costs for the project and explained the project could be completed by October 15, except for additional landscaping and streetscaping that would be completed the following year. The City Manager stated because of the Chapter 429 Bond requirements this action would require four affirmative votes from the Council. Councilmember Rosene asked to what extent the cost would rise if lighting were decorative. The City Engineer responded the current plan is to change the poles to be similar to the ones installed on River Road but not to increase the frequency of lighting. He said decorative lighting is usually less powerful so the number of lights has to increase and it gets expensive. He said the City hopes neighborhoods will seek out and receive identity by such things but it seemed the consensus was the cost was too high, since the assessment would inevitably go up. Mayor Paulson opened the public hearing on proposed improvements in the Northwest Area, Improvement Project Nos. 1994 -11 and 1994 -12 at 8:45 p.m. He inquired if there was anyone present who wished to address the Council. He said the Council has received copies of petitions circulated by residents and he thanked them for their involvement. Rick Heath, 7037 Perry Avenue, thanked the City Engineer and Public Works Coordinator for their hard work and said he has noticed an increase in the traffic along Perry from 700 to 1,000 cars a day. He said a cul de sac would be a good solution because of the nearness to the school. Mayor Paulson asked if there had been plans for the streets around the townhomes to be connected and the City Manager responded there were no such plans. 3/28/94 _10- Mark Visness, 4824 71st Avenue, said in his opinion Perry should be closed off at Brooklyn Boulevard which would create a longer cul de sac and improve property values. Dale Magnuson, 4830 71st Avenue, said he is in favor of all the proposed improvements since he has lived there 30 years and it's about time! He expressed his concern for the safety of children walking to Willow Lane School and Park. He said closing the road at Brooklyn Boulevard would be best, but there could also be a road block placed adjacent to the middle island into the parking lot of the school. He said now would be a good time to block the road because during construction people will get used to not using the road. Clyde Phillips, 7007 Quail Avenue North, said he is against shutting off the road because in some emergency situations minutes make a lot of difference. He was also concerned about the amount of water being drained by the pipes, and that the pipes would be too small. The City Manager responded the pipes increase in size and water funnels into a holding basin before it drains into the creek. Arvid Sorenson, 6901 Toledo Avenue, said it has been 35 years since the streets have been improved and he thinks once every 35 years is a good idea. There was a short recess called at 9 p.m. to change the videotape. The Council reconvened at 9:15 p.m. Terry Andrusko, 7031 Perry Avenue, said she has seen nothing but traffic increase on Perry and she is concerned because her two children walk to school. She said she thinks something should be done about it. Wallace Pehrson, 4812 71st Avenue, said he agrees with Ms. Andrusko because he has seen some dangerous situations with children at 71st and Perry and it's a good thing no one's been hit yet. He said building a bridge across Perry could be a good idea to provide safe crossing. Councilmember Rosene asked for clarification on the sidewalk layout, and the City Manager showed the sidewalk on the map running along the east side of Perry. The City Engineer said Dale Hamilton from the school district agreed there is a need for safety, but the school district's reaction to a cul de sac is it would create problems for the buses which would have to take a more circuitous route, and they don't want to create a situation where people use the school parking lot to cut through a road barrier. He said because this is not a State Aid road chokers, diverters, stop signs, and speed humps are all possible solutions. Mayor Paulson said that way emergency vehicles could still get through. The City Engineer said speed bumps aren't the best for buses but a stop sign at 61st and Perry would be low cost and effective. He said some of these things are done after construction anyway. 3/28/94 - - 11 Steve Andrusko, 7031 Perry Avenue, explained the trails through yards where kids actually walk and he stated motorcycles go racing by at 70 mph. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to close the public hearing at 9:28 p.m. The motion passed unanimously. Councilmember Rosene commented police should be asked to patrol Perry Avenue especially at the time the high school lets out. Mayor Paulson said he likes the improvements in the area and had received positive responses from the petition process as well as many notes of enthusiasm from residents. He said Staff should see what can be done about traffic and speed reduction which he said would be worthwhile to pursue. The City Manager said if the Council chooses to go ahead with the construction, the City Engineer could work with the residents of the neighborhood for some alternatives. He said many residents had said they would help with suggestions for improving the traffic but they wanted to make sure the improvements happen too. He said he would recommend any action short of the cul de sac. The City Manager presented a Resolution Ordering Improvement, Approving Plans and Specifications, and Authorizing Advertisement for Bids, for the Northwest Area, Improvement Project Nos. 1994 -11 and 1994 -12. RESOLUTION NO. 94 -65 Member Barb Kalligher introduced the following resolution and moved its adoption, with the condition there is some solution worked on for traffic reduction: RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, FOR THE NORTHWEST AREA, IMPROVEMENT PROJECT NOS. 1994 -11 AND 1994 -12 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. PROPOSED IMPROVEMENTS ON JAMES /KNOX /54TH AVENUES IMPROVEMENT PROJECT NOS. 1994 -01 AND 1994 -02 The City Manager presented a Resolution Ordering Improvement, Approving Plans and Specifications, and Authorizing Advertisement for Bids, for James /Knox /54th Avenues, Improvement Project Nos. 1994 -01 and 1994 -02. 3/28/94 -12- The City Engineer showed a map of the project area and reviewed the deterioration of the roads and sewer pipes. He said this area has had significant problems with tree roots in the pipes which causes sewer backups which are expensive for the City and residents. He said $75,000 to $100,000 is being spent to get water out of pipes that doesn't belong there. He said this would be on approximately the same time line as the Northwest Area with completion for September 15 and landscaping scheduled for next spring with the exception of sodding, which will be done this fall. He explained out of 69 petitions sent out, 16 came back, with seven in support and nine in opposition. Councilmember Mann said the time frame for construction seems long for such a small area and wanted to know why. The City Engineer responded it is hard to get a balance between what works for residents and for contractors, but because there will be temporary water hook -ups for these houses to maintain water service during construction the project is a major one. He said the longest someone would be without water would be 6 -12 hours with door -to -door and written notification. He said there would be 4 -5 days when people may need to park on side streets or in alleys. Mayor Paulson opened the meeting for the purpose of a public hearing on Improvement Project Nos. 1994 -01 and 1994 -02 at 9:46 p.m. He inquired if there was anyone present who wished to address the Council. Kevin Rancour, 5331 Knox Avenue, said every other year he has had to clean the sewer and one time he had to replace the pipe. He said that incident alone cost him $1,500 so he is all for the improvement project. Ed Vukelich, 5332 Knox Avenue, said the pictures of tree roots in the pipes must have been his. He said last time the sewer backed up it was on Christmas Eve and it was not pleasant. He is 100% for the improvements and thinks it is a bargain at $1,500. Randy Engdahl, 5337 Knox, said he too has had sewer problems and he worked for the City of Minneapolis and he knows how cumbersome it can be to do underground construction. He concluded he still thinks these improvements are necessary and helpful. Susan Wanhala, 5436 James Avenue, and Kathy Bressler, 5419 James Avenue, said they think the problem with the sewer is on Knox Avenue but not on James. They explained how they canvassed the neighborhood and 50% of the residents were home. They said they found most people thought the construction was not necessary anywhere but on the 53rd block of Knox. They said many folks had lived there twenty years with no sewer problems. Ms. Bressler said she lives in the middle of the block and does not want a street light in her yard because kids hang out under them. Ms. Wanhala said her biggest concern is the long amount of time it would take for the construction and the kids would have nowhere to play all summer. 3/28/94 - 13 - The City Engineer said the slides he showed of construction pictured a 30 -foot trench 10 -12 feet deep, but the time it would be open in that fashion would be short. He said contractors are forced to keep things covered from a liability standpoint. He said the time line for construction is given as the date the contractor first looks at the property to completion, but the actual time the roads are torn up is shorter than that. He said the construction will be an inconvenience, but not as much as it may sound like this evening, and it also depends much on the weather. Ms. Wanhala and Ms. Bressler said there are three houses where people with disabilities live and expressed concern for those people. They summarized the petition by saying sewer problems have been non - existent and they are strongly opposed to the improvements. The City Manager said special arrangements have been made for people in those situations and the City Engineer concurred. Boyd Will, 5350 James Avenue, said he is all for the construction even though he hasn't had sewer problems. He said the City should not wait another forty years but should fix something before there's trouble, not after trouble. John Schoffstall, 5351 James Avenue, said he is concerned about the time length and the lighting because kids do stand at corners at all hours of the night. He said he had witnessed several accidents and doesn't see a need for improvements except for stop signs. Debbie Rancour, 5331 Knox Avenue, said the sewer is not the main ,issue here but the road repair as well which will improve the area. She said she uses electric lighting in her yard to keep kids from hanging out and the neighbors appreciate it. She said she thinks lighting improvements are needed and all these things do affect property value. Paul Thour, 5425 James Avenue, said he is against the plan because his wife is disabled and 4 1/2 months of construction will be very difficult for them. The City Engineer said it will certainly be within the discretion of the City to create areas where cars can park and to work out special arrangements with the contractors and pin down days when the inconvenience will be the greatest so residents can plan ahead. He gave his word the City will work with the Thorntons to help them through the construction time. Betty Engdahl, 5337 Knox Avenue, said she is for the construction as it is needed. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to close the Public Hearing at 10:10 p.m. The motion passed unanimously. Councilmember Rosene stated the pavement is only 1/2 inch thick in several places, so this is a situation where it takes spending a little money to save a lot. He said he thinks people will be happy when the improvements are done and glad not to keep pouring money down the sewers. 3/28/94 - 14- Councilmember Kalligher said it seems City staff will work with people with special concerns regarding construction, but she urged staff to do anything possible to speed the construction along. Councilmember Rosene said there will also be help for people in the area who cannot afford the assessment. RESOLUTION NO. 94 -66 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS, FOR JAMES /KNOX 154TH AVENUES, IMPROVEMENT PROJECT NOS. 1994 -01 AND 1994 -02 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. DISCUSSION ITEMS EARLE BROWN COMMONS BANKRUPTCY The City Manager explained the Earle Brown Commons area, not the Earle Brown Heritage Center, has initiated bankruptcy and the City needs to get legal help which is difficult because so many firms have conflicting interest situations. He said this could be expensive to defend but more expensive not to do so. Councilmember Mann mentioned the Salomon firm and asked if there's any chance of conflict of interest there. The City Attorney said there is a good chance of conflict because so many lawyers are involved in this type of a situation and then to complicate matters even more there was a re- financing on the Earle Brown Commons. He said the Dorsey firm does not have a conflict and they would do an excellent job. Councilmember Kalligher said $160 per hour is costly but probably necessary no matter which firm is used. She recommended going with Dorsey but changing if it is determined someone else is cheaper. She asked about other firms currently being interviewed, and the City Manager said some were not qualified for this type of work and some had conflicts of interest. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to accept the Dorsey firm and to continue with them unless is seems there is a firm that would be substantially less expensive. The motion passed unanimously. 3/28/94 - 15- 5 LEGISLATIVE UPDATE The City Manager explained legislation in this area is changing so fast, but the resolution passed previously regarding the Orfield legislation should cover the City. He asked the Council to pass tonight's resolution as well. Councilmember Mann asked what kind of cap would be imposed. The City Manager said it would be similar to usury laws in the State or a little higher. He explained there has been some gouging going on by pawn shops. Councilmember Rosene said he thinks this is important to support because a pawn shop could move into Brooklyn Center. The City Manager said some pawn shops are legitimate and operate very well, but just a few make it hard for the rest. The City Manager presented a Resolution Requesting State Legislature to Enact Legislation to Impose or Cap Limit on Amount of Interest Pawnshops can Charge and Support Passage of SF1702. RESOLUTION NO. 94 -67 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION REQUESTING STATE LEGISLATURE TO ENACT LEGISLATION TO IMPOSE OR CAP LIMIT ON AMOUNT OF INTEREST PAWNSHOPS CAN CHARGE AND SUPPORT PASSAGE OF SF1702 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. STAFF REPORT REGARDING IMPROVEMENT PROJECT NO. 1993 -19 CENTRAL GARAGE IMPROVEMENTS The Public Works Coordinator explained to the Council difficulty has arisen in remodeling the existing building because of poor soil conditions; therefore, the cost of the project is more than estimated. She explained Staff has been looking for "deduct packages" to keep costs down, and the easiest part of the project to leave out would be the paint booth, which would cost $94,000 and eliminate most of the projected $118,000 overage. She said the old paint booth has been shut down for two years because of the air quality problems and it has been expensive to contract all the painting out. She said there is a risk in building a paint booth to current air quality standards, the standards could change again in five years. The City Manager said some communities do not have paint booths and the crews are improperly performing paint jobs. 3/28/94 - 16- Councilmember Kalligher asked if it would be possible to rent a paint booth out to other cities, and the City Manager said he would check into it. Councilmember Rosene said he had calculated a guess that within 4 -8 years the paint booth would have paid for itself because it is more expensive to contract out. He said it is another case of spending a little to save a lot. The City Manager said that is why staff is recommending approval for the improvements to the Central Garage even though the cost is over the projections. Councilmember Kalligher asked if there is anywhere else to cut down costs, and the Public Works Coordinator said they have looked and have found small things, but anything short of structural changes would not help enough. Councilmember Kalligher asked if approving the extra money now would hold the Council to approving the final plans. The City Manager explained it would have been a waste of money to have plans prepared with or without the paint booth and then change that later, but the Council will be in on planning every step of the way. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to approve the revised estimate including the paint booth. Councilmember Mann said she hates to see costs overrun, but she feels the paint booth is necessary and would vote in support of this. Councilmember Rosene said the City has been lucky at other times in coming in under budget and this project may not end up being so bad. The motion passed unanimously. FINANCIAL COMMISSION RECOMMENDATION REGARDING ADMINISTRATIVE STRUCTURE MODIFICATIONS The City Manager explained several proposed changes to the administrative structure of Brooklyn Center have come after considerable review by the Financial Commission. He said these changes would allow reduction in the number of departments and would allow promotion from within to fill the vacancy in Public Works. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to accept the Financial Commission Recommendation Regarding Administrative Structure Modifications. The motion passed unanimously. 3/28/94 - 17- Mayor Paulson said this is a significant move that he hopes won't go unnoticed for taking advantage of a retirement situation to deliver the same services but streamline and hold people accountable. He said he appreciated the work of the Financial Commission and the City Manager to accomplish this restructuring, the City should continue to look for these types of opportunities. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to authorize internal recruitment for Public Services Director. The motion passed unanimously. STAFF REPORT REGARDING HUMBOLDT AVENUE TASK FORCE The Public Works Coordinator explained the "first crack" at the composition of the Task Force. She explained Brooklyn Park is also discussing some related issues at its Council meeting this evening. She explained the Chair of the Task Force could be a neutral party or the City Council could appoint one of the Task Force members as Chair. The Public Works Coordinator suggested the task force be composed as follows: Brooklyn Center City Council liaison; Brooklyn Center Planning Commission liaison; one or two Brooklyn Center Humboldt Avenue residents; one or two Brooklyn Center residents living adjacent to Humboldt Avenue; one Brooklyn Center business representative; Brooklyn Park City Council liaison; one Brooklyn Park Humboldt Avenue resident; one Brooklyn Park resident living adjacent to Humboldt Avenue; and ex- officio, nonvoting, members to include Brooklyn Center Staff member, Brooklyn Park Staff member, Mn /DOT representative, RTB representative, and Met Council representative. The Public Works Coordinator suggested the charge of the Task Force read as follows: Review transportation issues in the T.H. 252 corridor and the area from the Mississippi River west to Noble Avenue North, from 85th Avenue North to *- 94/694. Specifically to address questions of the level of traffic on Humboldt Avenue, congestion on T.H. 252, general concerns of access, congestion, roadway function, and planning. Recommend interim improvements to provide immediate relief from cut - through traffic on Humboldt Avenue, and long -term improvements and transportation policies. The City Manager said in some ways what happens will be subject to what the City of Brooklyn Park decides, and April 11 may be ambitious to have the final composition set. Councilmember Rosene said the name should not be the Humboldt Avenue Task Force and suggested the Northeast Transportation Corridor Task Force or something not specifically naming Humboldt Avenue. The City Manager responded it isn't intended to be named after Humboldt but has just gotten to be called that. Councilmember Rosene said there should be at least two residents from Humboldt Avenue because some of them have become so knowledgeable. 3/28/94 - 18 - Mayor Paulson agreed with Councilmember Rosene's suggestion and recommended the second sentence in the charge statement read as follows: Specifically to address ways to reduce the level of traffic on Humboldt Avenue, ease congestion on T.H. 252, provide access, define roadway function, preserve neighborhoods, and other planning issues. Councilmember Kalligher said there should be at least two residents from Humboldt Avenue and also two residents adjacent to Humboldt Avenue on the task force. She said it is necessary to come back to the Council on April 11 with the composition of the Task Force. Councilmember Mann said Brooklyn Park will want more than one member both off and on Humboldt, and she suggested two residents from each. Mayor Paulson said the City Council must first decide what Brooklyn Center wants to do with Humboldt Avenue before it can determine the membership of the Task Force. He said if we have an idea of what it is we want to do on Humboldt Avenue, then that would require one type of membership; if we decide to do nothing and study Humboldt Avenue, then we would need to have more representatives from Humboldt Avenue because the Task Force is addressing Humboldt Avenue. Councilmember Rosene agreed with Mayor Paulson and said if an option to do something on Humboldt Avenue is approved this evening, then the suggested membership composition is great for overall transportation problems. Mayor Paulson said the Council has always had a "can do" approach to the Humboldt situation and after the decision on March 14, he was uncomfortable with not meeting the objective to "do something." He explained he had met with City Staff and the neighborhood group to see if it would be possible to find a "Build in 1994" solution that did not disqualify the street from State Aid. He said as a result of this meeting, he would recommend building a road to these specifications: -32 foot, 2 lane collector - "D" or better traffic capacity - Curvilinear design -No passing the length of Humboldt north of 69th to 73rd Avenues -Make 69th a through street without STOP signs -Put a RIGHT TURN ONLY sign at 69th Avenue, northbound Humboldt Avenue -Place stops at 71st and 67th Avenues and Woodbine Lane -Put a NO RIGHT TURN sign at 73rd Avenue, southbound Humboldt Avenue -Make signage permanent for pedestrian and school crossing - Parking on one side to alternate -Work with Mn /DOT for business district sign on T.H. 252 at 69th Avenue - Heavier policing to enforce 30 mph -Check into noise and nuisance ordinances -Keep weight limit to tonnage on the road 3/28/94 - 19- Mayor Paulson outlined the benefits to the community and neighborhood by building the road in this fashion as follows: underground utilities, sewer lines checked and replaced where necessary, curb and gutter, street lighting, handicapped accessible sidewalks, improved driveway aprons, additional landscaping for beautification, and allowance for emergency vehicle passage. He stated the City needs to pursue the traffic capacity analysis of the street to see if it comes in at "D" or better. He continued if it does not come in at "D" or better, then the City might be looking at doing something that would qualify for State Aid which was to build a 30 -foot road with no parking that would qualify us for State Aid. There was a break to change the videotape at 11:16 p. m. and the Council reconvened at 11:25 p.m. During the break, Councilmember Mann asked to be excused. The City Manager explained it would be very tight to accomplish construction in 1994 and he is not saying the City could even do it. He said the residents are still concerned over the loss of trees. He concluded while possible, any thing could stop construction from taking place and timing is crucial. The City Engineer said he could not guarantee construction this year because the State Aid approval process takes 6 -8 weeks. He said there are only so many projects that can be done in a construction season. Mayor Paulson said he has not talked with State Aid people or City staff, but he appreciates the "can do" philosophy and knows the State does not want to prohibit things cities want to do. He said it sounds like things that could hold up construction are external rather than internal. Upon vote being taken on the foregoing motion, the motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to waive the process of selecting consultants in order to use Westwood Planning and Engineering for that purpose and to go ahead with construction along lines outlined by Mayor Paulson. The motion passed unanimously. RESOLUTIONS - CONTINUED The City Manager presented a Resolution Calling for a Public Hearing by the City on the Modifications on the Redevelopment Plan for the Earle Brown Farm Redevelopment Project which Expands the Geographic Area which will Include the Geographic Area of Existing Housing Development Project No. 01 and Adds Additional "Housing Powers. " He recommended that before taking action on Resolution No. 11 -k, the Council should adjourn and convene the EDA meeting to take action on EDA Resolution No. 5a. He continued the Council may then reconvene and take action on this Council Resolution. 3/28/94 -20- ADJOURNMENT There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to adjourn the meeting and reconvene as the EDA. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:37 p.m. RECONVENE Mayor Paulson reconvened the meeting at 11:41 p.m. and noted the attendance: Mayor Paulson and Councilmembers Kalligher and Rosene. RESOLUTIONS - CONTINUED The City Manager presented a Resolution Calling for a Public Hearing by the City on the Modifications on the Redevelopment Plan for the Earle Brown Farm Redevelopment Project which Expands the Geographic Area which will Include the Geographic Area of Existing Housing Development Project No. 01 and Adds Additional "Housing Powers ". RESOLUTION NO. 94 -68 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON THE MODIFICATIONS ON THE REDEVELOPMENT PLAN FOR THE EARLE BROWN FARM REDEVELOPMENT PROJECT WHICH EXPANDS THE GEOGRAPHIC AREA WHICH WILL INCLUDE THE GEOGRAPHIC AREA OF EXISTING HOUSING DEVELOPMENT PROJECT NO. 01 AND ADDS ADDITIONAL "HOUSING POWERS" The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:41 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton TimeSaver Off Site Secretarial - 3/28/94 21 - r MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 11, 1994 CITY HALL C , U L TO ORDER Tile Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. R OLL CA M= ; or Todd Paulson, Councilmembers Celia "Scott, Dave Rosene, Barb Kalligher, and st °n Mann. Also present were City Manager (Jerald Splinter, Public Works Coordinator Diano Spector, City Engineer Mark Maloney, Attorney Jim Thompson, Police Chief Trevor H'nmpton, and Council Sc cr ctary Kathy Stratton. O i~ FNIN G CEREMONIES Dean � yquim offcrcd the invocation. OPE FORUM = { "cr Paulson noted the Council had received no requests to use the open forum session cv,e nng, He inquired ii there was anyone prescnt who wished to address the Council. T'nprc bcing none, he continued with the regular agenda items. ('OU' QlL _REPORTS NO rcj arts Nvcre given. APFROVAL OF AGENDA AND CONSENT )AGENDA i �} °..r Faukcm inquired if any C:ouncilmember requested any items be removed front the cjrs:ni agenda. Councilmember Kalligher requested item Sa be removed and Councilmember Roscne requested 11c be removed. cre ,N, —s a motion by C Scott and seconded by Councilmember Kallighcr to ;`Tl~ the April 11, 1994, agenda and consent agenda with aforementioned changes. The passed tinanimmisly. PROCL AMATION ,%1?tnber Celia Scott introduced the following pnxlamation and moved its adoption: PROCLAMATION DECLARING MAY 8 THROUGH 14, 1994, AS NATIONAL HISTORIC: PRESERVATION WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Barb Kallighcr, and the motion passed unanimously, R ESOLUTIONS RESO LUTION NO. 94 -69 Ntc_mbYr C.Qliu St.(,)tt introduced air, following, resolution and moved its adoption: RIE- SOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JOHN .KALLIGHER FOR HIS DEDICATED PUI3LIC SERVICE ON THE HOUSING fIvIIS ;ION 'l,e rYi ovon for the adoption of the foregoing resolution was duly seconded by member Barb l a� higher, and the motion passed unanimously. P: E S OL uTION NO. 94 -70 ". `('r- '',: C. ii., Sc ott introduced the following rc,3ol and moved its adoption: i '. RF- SOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DONNA STODERL FOR HER DEDICATED PUBLIC SERVICE ON THE HUMAN RIGHTS n` D RESOURCES COMMISSION T -c motion f or the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, ;nd the motion passed una nimous ly. RSOLI:TION NO. 94 -71 1'Y1i: riL;e.i Celia Scott introchiccd the following resolution and moved itS adoption: ,SOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1994 - 30, 69TH ('V LANDSCAPING PHASE II , APPROVINQ PLANS AND SFfCIFICATIONS :=_ D AUTHORIZING ADVERTISEMENT FOR BIDS T.;; n. tiro for the adoption of the foregoing resolution was duly seconded by member Barb K alii lher, and the motion passed unanimously. r 11;`74 -2- i� RESO LUTION NO, 94 -72 l` m?cr Cclia Scott introduced the following resolution and moved its adoption: P ESOLUTION DECLARING SURPLUS PROPERTY '.he motion for the adoption of the foregoing resolution was duly seconded by member Barb hallijhcr, and the motion passed unanimously, RESOLUT NO, 94 - ..,mbt -r CQIia Scutt ilitfUJLced tllc following re;',olutipn and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF FOUR (4) SCOTT AIR PACKS The motion for the adoption of the foregoing resolution was duly seconded by member Barb T� 'ligher, and the motion passed unanimously. It L.SQ LL?TIQN NO. 94 -74 0� :,r:jU - 1 Celia Scott introduced the following resolution and moved its adoption; F'. SOD ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE I TFAI -ER MOUNTED POTHOLE PATCHER for the adoption of the foregoing resolution was duly seconded by member Barb aliighe.r, and the motion passed unanimously. L T --� y �.F. SES 'here was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the following list of licenses; GASOLIN _SERVICE ST ATIO t y i rld Peti dba ToTal 6830 Brooklyn Blvd. ll CH:4N IC'AL SYSTEMS l: i t lecl�anical, Inc. 6020 Culligan Way B fistram Sheet Metal Works, Inc. 785 Curfew Street C.-ntraire, inc. 7402 Washington Ave. S. Louis Degidio, Inc. 6501 Cedar Ave. S. Ditter, Inc, 820 Tower Drive xccl Air Systems 2075 Prosperity Road F arc Heatinc & Air Conditioning 9303 Plymouth Ave. N. Forster Corporation 1050 Plastermill Road TS 5p;Iy, Inc. 2?I$ Edgewood Ave. S. Ric h3r omd &- S ans Electric dba golden Valley Hcating A/C 5182 West Broadway 1 , , ;94 3 - 4iECH.�N 1 SYSTEMS - CONTINUED Home Lnergy Center 14595 21st Ave. N., Suite 222 Pete's Repair, Inc. .3835 Xylon Ave. N. Rouse Mechanical, Inc. 11348 K -Tel Drive Royalton Heating & Cooling Co. 4120 85th Ave. N. E.A.H. Schmidt & Associates, Inc. 3245 Winpark Drive SedgNick Heating & Air Conditioning Co. 8910 Wentworth Ave. S. Vogt Heating and Air Conditioning .3260 Gorham Avenue WCrizel Heating and Air Conditioning 1955 Shawnee Road Yale Inc. 9649 Girard Ave. N. �fO T OR VEHICLE DEALERSHIP Brookdale Chrysler Plymouth 5121 Brooklyn Blvd. Brookdale Ford, Inc, 2500 County Road 10 lien Ch•:'rolet Company 6701 Brooklyn Blvd. RENT DWELLINOS Initial. Kenneth and Germaine Pawelk 4201 Lakeside Ave. N. #206 Heinz Pollinger 4207 Lakeside Ave. N, #32Q N c n a]: KLngwood Management Brookwood Manor T he Gaughn Companies Victoria Townhouses A thar and Dolores Kvamme 5529 Aldrich Drive North Dorothy Ostrom.- Ringstrom 6025 Brooklyn 131vd, Gary Olson 3715 69th Ave. N, TQBACCO RELATED PRODUCTS AVanti Fetroleum. dba Total 6530 Bro oklyn Blvd. T e - jroti on passed unanimously. L PRt v AL QP MINUTES 1 1✓BRT ARY 2"2, 1994 - WORK. SESSION T g uncilmember Kalli,gher to r _ s a motion try Councilmember Scott and seconded by Co the minutes of February 22, 1994, work session as printed. Councilmember Mann abstained from ;Toting, and the motion passed unanimously. �V A " 8,1994 - REGULAR SESSION ` , p C)r 1 ulson requested additional iten3s be included iii the minutes from March 28, 1994, ;ega d , . , 2 Humboldt Avenue, and the City Manager and Secretary agreed to look at the tape a_:� fill in what was missing. Councilmember Mann also asked for a change to the minutes on 4; l 11 -4 - P ROC LAM A T IONS - CONTINUED Lot:ncilmcngbcr Kalligher stated she had requcSted removal of this item frujil the consent agenda in order to give notification of the second town meeting, which is to be Monday, May 1944, Member Barb Kalligher introduced the following; proclamation and moved its adoption: PROCLA— MATION DECLARING THE WEEK: OF APRIL 25 THROUGH MAY 1, 1994, AS "YOUTH VIOLENCE AND ITS PREVENTION WEED" AND ACKNOWLEDGINO MAY ?ND AS "FOCUS ON YOUTH ACTIVITIES DAY" The motion for the adoption of the foregoing proclamation was duly seconded by member Dave Roene, and the motion passed unanimously, Q �M D I N CES The City Manager presented An Interim Ordinance for the Purpose of Protecting the Planning b •� Reg ulating d Restrictin • � ' i Residents Re u at an r,7 r t e P��ceU� a the Health, Safety, and Welfare � Cit r g g g the Development of Secondhand Goods Stores, Pawnshops, Check- Cashing Establishments, and Temporary Employment Businesses within the City. He stated this Ordinance is recommended for a first reading this evening. The City Manager stated a staff memorandum has been distributed explaining the request for r ainy thw process of a moratorium, He said the rationale for the request i that the communities of Robbinsdale and Cr}rstal have discovered some new items that are nc- t i.s our ordinances and regulations on these t�•pcs of activities. He comme nted it would he no consider the regulations while the City is not receiving applications. He asked the emblish a moratorium on accepting license recommendations, effective now through T ,ti uL:emDer 1, 1994, Coi ncilmember Rosene commended City staff for catching a potential problem and acting on i� in ad`;ance. �;a ended be r ... whether the moratorium could be ext and �;:oun,,..:��ember -Mann questioned � et Y q D -cmber 1, 1994 if the work was incomplete. The City Manager said there are pruccs >cs by A 1 h ,-, ex-tend the moratorium and it is always possible to shorten it. T :ere vva- s a motion by Councilmember Mann and seconded by Councilmember Scott to cappn vu f, ns reading of An Interim Ordinance for the Purpose of Protecting the Planning 11-rocess Q;nd thc• Health, Safety, and Welfare of City Residents; Regulating and Restricting the of Secondhand Goods Stores, Pawnshops, Check - Cashing Establishments, and e-;npc rai , —Employ Businesses within the Cit The motion passed unanimously. r _ ry l /94 -5- I I RESOLUTION NO. 94 -75 MIi - nbC , _ Dave Roscnc introduced the following resolution and moved its adoption: RESOLUTION FOR THE PURPOSE OF PROTECTING THE PLANNING PROLES* A THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS REGULA ING AND RESTRICTING THE DEVELOPMENT OF SECONDHAND GOODS STORES, PAWNSHOPS, CHECK- CASHING ESTABLISHMENTS, AND TEMPORARY EMPLOYMENT BUSINESSES WITHIN THE CI'T'Y The motion for the adoption of the foregoing resolution was duly seconded by member Kristen iann, and the motion passed unanimously, ORDINA ICES - CONTINUED The ;,i?y Manager presented An Ordinance A.nnending Chapter 11 of thG City Ordinances Regarding Liquor Licensing Hours of Operation Modifying the Consumption Provision from y ,_ :00 a.m. to 301 Minutes After Closing. He stated this Ordinance is recommended for a first ., -ding toni T lie Ciry Manager stated there had been requests from holders of liquor licenses asking the C ;. to consider a modification of the current regulations which would enable establishments tip:; sell liquor (by law, until 1 a.m.) to allow consumption and display for another 30 minutes (tiiitil ;; O a.m. }. He noted this practice would be consistent with that of surrounding Qomimuniti:,s. He explained this change would be to alleviate the concern of a customer c_ nsu ,ping a last drink quickly or becoming upset wh en - a drink is taken away unfinished, He added the would be in allowing liquor tc� be consumed and displayed between 1 a.m "o a'm' :'cilriv niter Rosene expressed concern a person with a consumption problem might then cr T sever �I drinks and stockpile them to last until 1:30 a.m. The City Manager answered that F r. =are careful of those situations and control them by not serving the patron. nc. lrie.r ber Roscnc asked what benefits this modification would have for the City. The City Nlanerger stated there would be no direct benefit He explained there would be the indir ti ct 'oLnefit of good public relations with the liquor license holders. Councilniember Rosene asked if there are any statistics which correlate the effect of the extra h i �,r , i it's Out i M answered that he could double check this issue n .. _a ' o safety. g The, Ci t y Mann b� mn did not b —lieve there arc such sta tis tics, He explained there are communities which allow ii? -tes, but the practice is either 15 minutes or 30 minutes after sale. Councilmember R .s :cne st tc•d he might be more comfortable with 15 minutes than 30 minutes. He explained ants to support business but is more strongly concerned about not making the consumption o' alcohol mory convenient, 6 - I Ccuncilmember Mann asked whether other establishments which serve liquor have contacted the City Manager in regard to this issue. The City Manager stated one other proprietor had and over the years others had mentioned this concern. Council member Rosene added he doesn't see a problem with allowing some time after the sale if liquor, but 30 minutes seems like too much. Cbuncilrrember Mann asked if the neighboring communities grant 15 minutes or 30 minutes, Th4 City Manager replied that some allow 15 and some allow 30 minutes. There was discussion about whether a business can allow patrons to stay past the 1 a.m. deadline for sale of liquor, The City Manager explained a business can stay open but cannot allow alcohol to be consumed or displayed (meaning poured into glasses). Most establishments, t - ,-lose immediately after the 1 a.m, cut -off according to the City than 24 -hour restaurants, nts „ r as a other t �i restate a M. anagcr. Mayor Paulson noted it would be helpful to knew what other communities do, and a buffer tii to allow customers to sober up is a good i dea. C o ncilmember Rosene suggested creating two tiers within the license structure, thereby giving t 1 isiness a break can their license if they would remain open after 1:15 a.m., serving food and to encourage patrons to stay Jrd sober up before driving. The City Manager said he would cbF, -.k on this matter, d he would like to encourage Co��ncilme =lber Rosene reinforce e the business owners to provide g tf e. means for the patrons to have that extra time, The City Manager pointed out this ,nCoura,gP.ment could be given in the form of a letter signed by members of the council rather than by ordinance, Counciim -tuber Scott agreed the Council should do whatever is possible in this area to discoura.g drunk driving, P`lice Chief Trevor Hampton stated the following examples of time allowed for consumption V Park after Brookl _�. . ; minute Crysta no set time; ��t�r .sale. � >t liquor. Fridle} and Rabolnsdale -15 mmut rY norne. (1 a.m. cut.. - off like Brooklyn Center). l le explained State law mandates the last sale quc)r L)t_ at 12,59 a.m. He said this amendment would designate the period of 1 a.m. to :.' - ,t`l rr_m. as thv time when patrons could consume, but could not purchase liquor. C ;nciirr:etrnber Rosene questioned whether an extra 30 minutes would tempt someone to stoCkpile drinks and save them for the last 30 minutes. Chief Hampton stated the bar owncrs .,yn reful on tls issue and they, for liability reasons, will cut off a patron before this situation �a �;riSeS. Paul son called for any merchants present to speak, 4 1 1 ;t i,i 11 �7`f 7- Jirn ;Madden, Earle Brown Bowl, stated people f..om neighboring communities who are in his burs n-ss sometimes finish their drinks quickly in Brooklyn Center and go somewhere else which is still open, He believes this amendment would result in a smaller number of tights and i ease of operation. 0 C - luncilmember Scott asked Mr. Madden whether bartenders and waitresses allow customers to purchase three or four drinks at once, Mr. Madden replied his establishment does not do tiat as that practice would be asldng for trouble, He explained at last call, a customer is s% -Eved one drink, He continued this helps ease them out onto the streets one at a time, not a" at once. Councilmember Rosene expressed his mind has been changed on this issue and that he admires tl proprietors for trying to resolve problems. T :mere was a motion by Councilmember Rosene and seconded by Councilmember Scott to appr ove first reading of An Ordinance Amending Chapter 11 of the City ordinances Regarding Liquor Licensing Hours of Operation Modifying the Consumption Provision from 1:00 a.m. to H MinutUs After Closing. The motion passed unanimously. DI$CU I TEMS CAP! 1MPR0�'EIiENT PROGRAT - I RIM REMODELING OF CITY 1 ALL .�. Ci tanager explained staffs recommendation for proposed City Hall im � provements t recfiuce tll human trauma element caused by sp <jce problems. He explained they had looke . t 1Cvi �g part of the City Hall offices or Police Department cuff site but that represented a dif=icuity in operations for both departments. Fle said alternate sites for Council Chambers ti rc Constitution Hall and Earle Brown Heritage Center, but both arc heavily scheduled and �., is not cost effective. d%ficier '� trements; He stated re nting s cGCe p ossible but also .. .,t z.. rc.c,a g la p lme nber Kalligher expressed desire to look closer at the possi'bility of moving part of Vi-- offiCt.S off sitc and said she would like to know more. c Cif' Mar_ager said it could be added to the resolution to come back with a comparative sz ,: b u the initial review two years ago showed renting 13,000 - 14,000 square fcc;t at $13 per r f)t meant at least $13,000 per year, and then improvements to any space necessary lsd ' 1 `00 -50 000. He continued the initial review showed renting off site would either n n ��� U r �i li h chew er. He added splitting an b•a �a � „w,,� or on - smte Improvements would be s g fly p p g Y - cic artlt en. represents some real problems in coordinating activities. He stated City staff had +:t , r * d r t mcmr ing the investiga unit of the Police Department off site, but he said that grr,up M_ds access to police files and the jail, He said it could be done, but would be a i utitial inconvenience. He concluded a comparative analysis could be done. Councilmernber Kalligher said she is just one vote, but she would like to see a comparative a:alysis done. - . ^' regards to handicap The �.�ry Manager said requirements for City offices in reg p facilities and unisex st o i alre has and maki r� and wo r kstations make utilizing the space the C it y y g it more o � l? etiicicnt seem the way to go. Councilmember Scott said it seemed to her they had been working on space problems for about fo:r years and it keeps getting tabled. Shc said the Police Department is so packed it's as if tfie employees were shoe -horned in there. She said she did not think the Council can put off gutting ergonomic work stations installed and getting computer equipment improvements to pe.vent injuries which are occurring. She said :something must be done, and since the City clannot afford a permanent solution now, she'd like to see this resolution pass. She made a rt to pass the resolution including a comparative analysis regarding moving some part of the offic-s oft site. The motion was seconded by Councilmember Kalligher. C -uncilmember i'lann asked if the work stations to be ordered were for the Police Department a; wroli as City Hall and the. City Manager responded they wer(, C ouncilmember Rosene said he agreed with Councilmember Scott's statement regarding getting s;'Mc.thing done, .�Ma 'or Paulsen asked how much is budgeted, and the City Manager said $800,000 is a ; :'iiiliii� 1' estimate and at least 60% of what is spent would be re- usable in the case of r Xr.strc.cdor in the future, Ma yor Paulson said he is very interested in getting a comparative r1cport b;ac and he agreed something must be. done. He said they had all seen how cramped ti - f;. +c i iC S ha v e been, but he has also seen when. temporary solutions become permanent ones u nintentionaliy, and when costs add up to be much more than predicted. He stated he'd really ,. �c� h future. _4C, = s are moved in t he im provements ve:ments if the office �� =1 f the cost of o t� �iid �i'abtlri� tti0 t� p ThC Cis, Manager said the City is trying to stay within the envelope of the building because --� �. utside is the easiest way to waste a lot of money. He added the Council will have o7irrol i ver each aspect of the proceedings this summer. RE N0, 94 -76 .lout e+ C vlia Scott introduced the following resolution and moved its adoption: P,LSO' I -TION ESTABLISHING IMPROVEMENT PROJECT NO. 1994 -32, INTERIM tt DELFNTC OF CI HALL, ACCEPTING PROPOSAL FOR PROFESSIONAL ` El 'ICES, AND APPROPRIATING FUNDS THEREFOR r o on for the adoption of the foregoing resolution was duly seconded by member Barb T. ii- and thz motion passed unanimously.. 4 - 9- ADMINISTRATIVE TRAFFIC COMMITTEE REPORT RE: FAIR OAKS SCHOOL TRAFFIC T he City Manager said the purpose for this being on the agenda is for an update, and h� tlIrned it over to the Public Works Coordinator, The Pub!,:. Works Coordinator said she was happy to report meetings had taken place with the iiv surrounding Fair Oaks School and with the School District and the school itself, and all had come to an agreement that a barrier should be installed in the parking lot. She said it is now in place and divides the parking lot into two parts, plus the school has agreed to move the. gate closer to the school. She also said the gate is only open from 8 a.m. to 3:30 p.m. and closed all other times. She said this seerns to be agreeable for all involved and no c11. mplaints have been received in the two months since this decision. T'e Ciro Manager said there would be some traffic counts done when the gate is installed in i - 14 position, He said in �^lovember the same group that had met to find a solution for the Frub'_Lm would meet to evaluate the results. c`ou inn : thanke s ta ff for a job we 'll done. c _ �eml;er Scott thank sta 1 ,4 as a motion by Councilmember Rosen, and seconded by Councilmember Scott to C. ;:_- the traffic report. The motion passed una nimou sly. Ma yor Paulson suggested a letter be sent to the school thanking them for their cooperation. v INT IN JEETING OF CITY COU N C IL AND ADVISORY COMMISSIONS • The tit? Manager explained this is on the agenda for the purpose of setting a date for the j it °t?j ,; of the City Council and advisory cornmi:,sions. He explained there has been concern t in�7 this date fixed, and the date recommended for this meeting was February 8, 1995. T' -;ere ova: a motion by Councilmember Kalligher and seconded by Councilmember Scott to a c p the date of February 8, 1995, for the joint meeting of City Council and advisory ( IOMPE_Is Ion i The motion passed unanimously. LEGISLATIVE UPDATE The. City Mana presented a resolution Requesting Mn/DOT to Sxpend Funds to Complete T ' "�'i -dinY of 100 throe h C stal Robbinsdale Erookl n Center, and Golden Valley. Ho als: gave a report of the Carruthers Bill which attempts to disallow for 1-IACA or State Aid ; , r .de elopmcnt for TIF Districts, Coun ilmember Rosene said according to one of the City's resolutions, it is opposing change } 'lrr vfit fiscal disparities. Tny Ciry Nfanager responded Representative Carruthers is proposing an expansion of fiscal -_�� ='> Id not be be to Brookl Center and its school } mc)di some. that wou Y ds ~ics. f explained sometimes the City pays more than it gets back, and then the taxpaye ; - 10- g-- is more rack, but one always affects the other, He added there have also been attempts to li,nit contributions to the pool. R L TION NO. 94- U 77 1�ic- ber Davc Roscne introduced the following resolution and moved its adoption: RESOLUTION REQUESTING Mn/DOT TO EXPEND FUNDS TO COMPLETE THE UPGI? ADING OF T.H. 100 THROUGH C RYSTAL, KGBBINSDALE, BROOKLYN CENTER, AND GOLDEN VALLEY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously, Councilmember Scott said she thinks it's grand that these cities are finally getting together and U, 1a to get the State to do what it has been promising for 20 years - upgrade T.H. 100. Council member Rosene pointed out T.H. 100 has been improved several times south of C °.nwood but never to the north and he is tired of it. The City Manager presented a Resolution Regarding Legislative Initiatives for the 1994 RE� ; L'T ION NQ, 94 -78 ` }'omhr.;r C: ,iii Scott introduced the following resolution and moved its adoption: i\:r SOL UTICN REGARDING LEGISLATIVE INITIATIVES FOR THE 1994 SESSION T; e a for the adoption of the foregoing resolution was duly seconded by member Barb �Iz .li : -_:, and the motion passed unanimously. The City Man ager presented a Resolution Declaring April 21, 1994, as City Unity Day. RESOLUTION NO. 94 -79 : _mti; 8;��1� Kallighcr introduced the following resolution and moved its adoption: rxti -SOLUTION DECLARING APRIL 21, 1.994, AS CITY UNITY DAY for the adoption of the foregoing resolution was duly seconded by member Kristen ' nr, n the motion passed unanimously. '} � T j N CO I � � S- .E:���,..,LT �- Q T yr - i ,. Manager explained the proposal to merge playground equipment for Willow Lane rl k f nd Willow Lane School. He said this is a joint project similar to Evergreen School's ii prove -mCnts two or three years ago. i C:ouncilmember Rosene expressed concern because the recently installed equipment lacks scvc� rii elements, those being muscle developmew, balance, and coordination. He said it seems mtuern cquipment has become so safe that it loses educational benefits and growth benefits. lIo said he is not faulting anyone for this occurrence, but he wondered if Representative Ca., should be asked if anything could bc. done at the state level to limit liability to y ,. Ci,,, s and schools. He said a "play at your own risk" situation would be more conducive tift cgi4ment that gives freedom to be more of a challenge and does not limit children': development. T',e City Manager explained the companies who built the equipment are also liable on a national icvel, and because they got a huge scare a few years ago equipment reflects that fear. He added there are improvements to equipment in early stages of development, so the City is not in a hurry to update all its equipment at this time in order to see what develops. i_1ul Xilmember Rosene concluded by saying fun is nice, but physical development is necessary. R Er Sa LUTM N NO. 94 -80 i}-iembcr Ceiijs Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1994 -31, WILLOW is ;E PARK PLAYGROUND EQUIPMENT REPLACEMENT AND ACCEPTING PROP OSAL FOR PROFESSIONAL SERVICES Tie rnotion for the adoption of the foregoing resolution was duly seconded by member Barb K{ ilia er, and the motion passed unanimously. T l e � , Manager presented a Resolution the 1994 General Fund Budget to Provid r;ding itr Fire pepartmGnt Radio Frequency. He explained the City currently shares wit, r S -M1, but Crystal is switching to the County system. He further explained Golden Valley and -kn Hoope share a frequency, but New Hope is switching to the County System. Therefore, th pr c posal is fool Brooklyn Center and Golden Valley to share, which puts Brooklyn Center back. into 3 situation similar to what it has. Counci' member Rosene expressed concern over a statement in the Council packet regarding TI— City Manager explained toning out would occur if Brooklyn Center stays on the same it is now because of competition between different departments. '=O1 10N 1`1 TO. 94 - 81 lie �3: c r C -clia Scott introduced the following resolution and moved its adoptiom- l ' S0 UTION AMENDING THE 1994 GENERAL FUND BUDGET TO PROVIDE F J DING FQR FIRE DEPARTMENT RADIO FREQU i °e rnotion for the adoption of the foregoing resolution was duly seconded by member Barb K. .1 j i r, and the motion passed unanimously. 1Y,9 -12- There was a motion by Councilmember Rome and seconded by Councilmember Scott to suspend the Robcrts Rules of order in order to add another discussion item. The motion passed unanimously. DISCUSSION _ ITEMS - CONTINUED Co incilr leMber Rosene stated he had heard from a resident there were complications regarding the construction to take place on Humb Avenue that would prevent construction this year, The City Manager responded there have been no new complications other than the ones dLtailcd all along as possibilities for delay of the project. He said those three potential haitg- ups are State Aid, underground power in connection with NSP, and achieving level L) traffic. Flo stated everything is going as fast as possibla at this time, and there have been no new complications to arise thus far. Councilmember Rosene said he would assume that everything is looking goad then, and the Ci lanagcr responded the process is just starting but does look good. D URNMENT Therc was a motion by Couneilmembc.r Scott aid seconded by Councilm Kalligher to allio rj� tho meeting. The motion passed unanimously. The Brooklyn Center City Council ad s umc:d at 8.20 p,rn. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by; Kathy Stratton T imeSavcr Off Site Secretarial 4 ; 1""94 - 13. CITY OF BROOKLYN CENTER Council Meeting Date � i 4/25194 Agenda Item Number u �/ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: MAYORAL APPOINTMENT: AD HOC CITY COMMUNICATIONS TASK FORCE DEPT. APPROVAL: Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECONEMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached — . X — ) In March, Sue Warner and Gerald Nelson resigned from the ad hoc City Communications Task • Force. Notice of vacancy on the ad hoc City Communications Task Force was announced in the Bro-- oo Center Sun -Post on March 9, 1994, and in the Northwest News on March 14, 1994; notice was posted at City Hall and Community Center and aired on Cable Channel 37 from March 1, 1994 through March 30, 1994 (see attached). On April 15, 1994, you received copies of the applications for appointment to the ad hoc City Communications Task Force from the following persons: • Bernie Gaffney, 5918 Upton Avenue North • Phillip Gray, 6919 Regent Avenue North For your convenience, attached is the Resolution Establishing a Brooklyn Center ad hoc City Communications Task Force and Defining Duties and Responsibilities. The current members of the Task Force are as follows: Dawn Sommers, 5315 Lyndale Avenue North William Alexander, 5408 71st Circle North Roxana Benjamin, Northwest News • Linda Smith, Brookdale Julie Doth, North Metro Convention Center and Tourism Bureau On January 31, 1994, Chairperson Fred Capshaw resigned from the ad hoc City Communications Task Force. To date, the Task Force is without a Chairperson. All of the members have been on the Task Force only since January 1994, and not one of the members has expressed an interest in being appointed Chairperson. RECOMMENDED CITY COUNCIL ACTION • Appoint two persons to the ad hoc City Communications Task Force. • Appoint a member of the ad hoc City Communications Task Force to serve as Chairperson. • Appoint a member of the ad hoc City Communications Task Force to serve as Vice Chairperson. • • CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 NOTICE OF VACANCY BROOKLYN CENTER AD HOC CITY COMMUNICATIONS TASK FORCE Brooklyn Center ad hoc City Communications Task Force is seeking members to serve on its committee. The general purpose of the task force is to advise the City Council regarding matters relevant to the City's communications efforts and to evaluate and recommend methods to improve communications between the City of Brooklyn Center and its citizens. The task force meets on an as- needed basis at a date and time that is ' agreed upon by its members. If you'd like to help your City government communicate with its citizens, this is the committee for you. Interested persons can obtain an application at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, or call Deputy City Clerk Sharon Knutson at 569 -3300. Final appointment will be made by the Mayor and City Council. APPLICATION DEADLINE IS MARCH 30, 1994. [Posted at Brooklyn Center City Hall and Community Center March 3, 1994] March 14, 1994 NORTHWEST News Page Three Brooklyn Center Rotary Club /) Humboldt Cont. from Page 1 Announces Scholarship Program ■ not permanently solve anything." Prior to the vote, Humboldt citi- The zen Cusk suggested a con - way tollndasolutlon. Scott Larry eY gges ApPlicQ1ton Deadline Ls April 15 concluded. is a task force with the flict of interest on the part of expertiseofengineers,Mn /DOT, the Councilperson Kalligher. KaWgher Met Council and citizens. She asked sells advert strig in Brooklyn Park The Rotary Club >s pleased to fairs and service to others. that the task force begin work soon, and Brooklyn Center for NorthWest announce its 1994-1995 scholar - 4. Personal acthKtiesand hobbies. bring a preliminary report to the News. Two percentofherincome,she sm Pp 1 Dan 5. Extra curricularactivities,hon- councilinJune and arecommenda- said,isderivedfrornbusinessespoten- The Club will once again offer ors, and awards. tion by October. tially affected by Humboldt changes. three scholarships of$1,000 each to 6. High school scholastic achieve- Humboldt homeowner Dave City Attorney Charles LeFevere high school seniors in any public or ment. Olson felt that residents are still in saw no legal conflict. He asserted Private high school who are legal These awards are for the 1994- limbo. "We'd like you to build a 30' that, if to deal with city businesses residents of Brooklyn Center and 95 school year, and are not transfer- road and bill us. Ultimately, we can constituted a conflict, then it would are enteringanypostsecondaryedu- able, and will be paid upon proof of control it." he said. 'No one should be difficult for any business - person cational or training institution. The crompletionofthefirst 12 weeksofporst have to it" with that road." to serve on the council. scholarshipswill beawardedtothose secondary training or education. OLwnisconcernedthatifthessue Meanwhile, stop signs were in- students who, in the judgement of Since the inception of the pro- Is put on the back burner until after stalled on Humboldt in late February the Rotary Scholarship Committee, gram In 1979, the Club has awarded the election, the makeup ofthe coun- at the intersections of 70th and 72nd. will best advance the Free Enterprise 41 scholarships to Brooklyn Center cil may change."We7l have togoover Humboldt resident Barb Lippold System in their vocational choice• students. the entire problern again," he said. says that in the week the signs have Factors for consideration will Applicattonsforthescholarships, Paulson and Rosene were not in been up, they have helped. Auer include, but not necessarily be lim- and any supporting material for the favor of delaying construction. il talking to her neighbors, she feels ited to, the following: application, must be returned by "We have to do something. A the consensus is that the signs have 1. An essay about the Free Enter- April 15, 1994 to: motion to study is a motion to do slowed carsandmadeiteasierforhame- rise System w P ys Mail must pang each application This essay s essay Pat McGrath nothing," said the mayor. owners to et out of their drivewa Chair, Scholarship Committee "State aid is like a beautiful pair "People on the adjoining streets should be from 300 to eeets 600 words . 2. An essay on the applicant's ca- Rotary Club of Brooklyn Center of shiny, new handcuffs," Rosene like Girard and Fremont love it." she reer and Personal goals. The essay Marquette Bank Brookdale equated. "I want to have options like says. "Realistically,we'll always have should be up to 100 words. 5620 Brooklyn Boulevard speed humps or stop lights to make the traffic. All we ask is that people 3. Participation In community af- Brooklyn Center MN 55429 it a livable solution. State aid pre- show respect and slow down to make cludes those options." our road safe and civil." Vacancy Available on the Brooklyn Center GO LE Communications Task Force BASIC FUNDAMENTAL INTERMEDIATE ADVANCED BrookynCenterad hoc CityCom GOLF LESSONS FUNDAMENTAL LESSONS FUNDAMENTAL LESSONS munications Task Force Is seeking - members to serve on its committee. Swing into spring with easy and Prerequisite is Basic Fundamen- Prerequisite is Intermediate Fun - Thegenerahpurposeofthretsask fun golf lessons. The one hour tai Golf Lessons. This class is for damental Golf Lessons. This force is to advise the City Counydl regarding rosters relevantto the City's class meets Mondays and golfers who need a refresher on class will focus on fine tuningthe commurucations efforts and to evalu- Wednesdays or Tuesdays and consistency and confidence. The primary techniques the holferhas ate and reccomend methods to im- Thursdays. One free round of golfers will draw from fundamen- already Teamed in the previous Prove communications between thre golf is included. Classes are tal techniques which they have intermediate session. Emphasis °ryofBmoktynCenteranditscitizerm limited to6golfers, minimum of4 already learned from the previ- is on meddle /long irons and The task force wets on an as woods. Golfers m us t b and are held rain or shine. Bring ous session. One hour class t e able to needed basis n a date and time that g execute basic fundamentals wih 15 agreed upon by its members. � a 9 iron or wedge to the first meets Tuesdays and Thursdays 75% efficien Classes will be If you'd like to help your city class. Registration fee $45.00/5 at 7:30 pm. Classes are limited cy ' govemmentcommuicatewith its citi- sessions. Registration accepted to 6 golfers, minimum of 4 and formed as requested. Classes zens. this is the committee for you immediately. are held rain or shine. One free are limited to 6 golfers, minimum Foranappllcation, please call Depury of 4 and are held rain or shine. City Clerk Sharon Knutson at 569- round of golf is included. Regis- Onefree round of golf is included. 3300 or stop by Brooklyn Center Play Begin Times tration fee $45.015 sessions. Registration fee $45/5 sessions CityHalat6301 Shingle CreekPark- Mon. Mar. 14 5:30,6:30,720pm Al way. Application deadline is March Tues. March 15 5:30,6:30,7:3opm 30, 1994. Final .cacao runent will be Call f of made by the Mayor and City Council. Wed March 30 5:30, 6:30, 7:30pm Thurs. March 31 5:30.6:30,7:3opnt 1994 League Registration Brooklyn Center Mon. April 18 5:30,620,720pm Information: 561 -3239 Charter Commission wee. M y i 4 : 9 5 30,6 :30,7.,30pm Meeting Notice Thurs. Mays 5:30,6:30,7:30pm Brooklyn Center Charter Com- mission will be holding a regular AM r� meeting on Wednesday, March 23, 1994, at 7 p.m. In the City Council Chambers. There will also be a sub- committee meeting on Saturday, March 12, 1994, at 1:00 p.m. in Conference Room A Bunny Brunch The Brooklyn Park Women of Today are sponsoring the Annual Bunny Brunch on Saturday, Brooklyn Park Community Activity Center. Join the Easter Bunny and C ELATE RB RO O R G O Lr COURSE Bumper the Circus Clown for a pan- cake breakfast, gam and /1 R �� egg hunt, and games. Bring your MV own camera. The cost will be $4.00 callD� -5 4`1 reservations t5500 North Lilac Dr. • Brooklyn Center - 561 -3239 March 21st. J U n- Pc' A 1��1ar��t i �q Brooklyn Center, Brookly CITY BRIEFS (01HI • conferences and seminars, will Morrow invited at schools in Seoul, Korea ion be the speaker at the 16th annual Kuala Lumpur, Malaysia, wl meets March 23 Brooklyn Center Community to events he served as principal of He Prayer Breakfast. Kong International School. The Brooklyn Center Charter Hurley will speak on the topic, Dennis Morrow, superinten- Morrow is using vacation ti Commission will meet at 7 p.m. "How to get along with those dent of schools in District 286, to attend the two events, and Wednesday, March 23, in the Ci- who don't deserve it." has been invited to two interna- school district funds will ty Council chambers. The breakfast begins at 8 a.m. tional education events later this used. There will also a sub April 9 at the Earle Brown month. He will be traveling dur- committee meeting e 1 p.m - Heritage Center, Brooklyn ing spring break and one addi- County hires Center. The cost is $7.50. The Ci- tional week. March 12 in Conference Room A ry of Lakes Boy's Choir will pro- The first week of Morrow's D. C. lobbyists _ In addition, the Charter Com- vide the music for the event. tri p will take him on the Chris- Tickets are available from mission has positions open for tian Mercy Ship, Douglas. Mor- When members of Congr new commissioners. Candidates local churches or by calling row will work with international begin debating national heal must be residents of Brooklyn 533 - 7272. Committee members participants and their schooling care reform this year, Henne Center and be registered voters. are needed to help plan future system, both while en route and County representatives will Information: the city, breakfasts. Those interested in as they conduct educational, part of the hordes of lobby attending should call the ticket medical and outreach events in buzzing around Capitol Hill. reservation number. cities around the world. The Minneapolis law fi Information: District 286 Morrow will join the ship in Heins Schatz and Paquin wiL Position open Superintendent Dennis Morrow, Cochin, India, and lead two paid $7,500 a month through on task force 561 -2120, ext. 202. seminars each day on the way to end of the year to try to 1: Dubai, United Arab Emirates. suade Congress to act as The Brooklyn Center ad hoc The second event of Morrow's county would like on two m City Communications Task Dream home close eval uation b of 1 a new Aramco control of sod waste. eform Force is seeking members. The purpose of the task force as your backyard S sim chool ilar D to uba the or NThis th C evaluation entral Ac- Hennepin County Center, which consumees s c ift advise the City Council r dvi the city's com- most visits familiar to third of the county budget munications efforts and t- The Northwest Suburban Re- most area schools. Morrow has serves large percentages modeling Fair will be March 19 led these evaluations previously Medicare and Medicaid r evaluate the recommended methods to improve com- at the Crystal Community munications between the city Center. and The fair is designed to encour- residents. e task force meets on an as- age homeowners to remodel, restore or renovate homes. It needed basis. For an application call Deputy City Clerk Sharon will feature more than 50 exhi Knutson at 569 -3300, or stop by bits and workshops designed to City Hall at 6301 Shingle Creek give homeowners all the tools GET COMF.OR Parkway. The application they would need to make their deadline is March 30. dream homes come true. The fair will run from 10 a.m. to 3 p.m. and is free. The Crystal Prayer Breakfast Community Center is at 48M WITH Douglas Drive N. The fair is speaker named spo nsored by the cities of Brook- lyn Center, Brooklyn Park, Pat Hurley, a frequent Crystal, New Hope, Robbinsdale - - speaker at national religious and COOP Northwest. - IN EREST Ar 11W T TS RAFTS Ow RESOLUTION NO. 91 -153 RESOLUTION NO. 92 -127 RESOLUTION NO. 93 -191 RESOLUTION ESTABLISHING A BROOKLYN CENTER AD HOC CITY COMMUNICATIONS TASK FORCE AND DEFINING DUTIES AND RESPONSIBILITIES WHEREAS, the Brooklyn Center City Council has authorized the creation of an ad hoc task force for the express purpose of reviewing the City's communications efforts and assisting the City Council in formulating priorities related to communications. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory ad hoc City Communications Task Force as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center ad hoc City Communications Task Force. Subdivision 2. SCOPE: The scope of activity of this Task Force shall consist of advising the City Council regarding matters relevant to the City's communications efforts. Subdivision 3. PURPOSE: The general purpose of this Task Force shall be to evaluate and recommend methods to improve communications between the City of Brooklyn Center and its citizens. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Task Force shall be to: (1) Review and evaluate the City's 1990 communications audit prepared by Coleman & Christison, Inc. (2) Evaluate tools to solicit input from citizens, such as town meetings or a professional survey. (3) Evaluate use of personnel and /or consulting services to accomplish communications goals. (4) Evaluate the use of cable television as a method to communicate with citizens. Subdivision 5. COMPOSITION: The Task Force shall be composed of a chairperson and six (6) members, all of whom shall be appointed and serve as set forth in Subdivision 6. Subdivision 6. MEMBERS METHOD OF SELECTION —TERM OF OFFICE— REMOVAL: Chairperson The Chairperson shall be appointed by the Mayor with majority consent of the City Council. The Chairperson may be removed by the Mayor with majority consent of the Council. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Task Force; 2. Appear or appoint a representative to appear, as necessary, before the City Council to present the viewpoint of the Task Force in matters relevant to the City's communications efforts as it relates to business under consideration by the City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the City Communications Task Force of matters relevant to City communications. Vice Chairperson A Vice Chairperson shall be appointed by the Mayor with majority consent of the city council from the members of the Task Force. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Task Force shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be for the life of the Task Force as set forth in Subdivision 11. In the event an appointed member suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Task Force, the member may be temporarily replaced during the temporary leave by an interim member appointed by the Mayor with majority consent of the City Council. Oualifications for Membership At least four members of the Task Force shall be residents of the City of Brooklyn Center while serving on the Task Force, shall have been residents of said City for at least one year prior to their appointment, and shall represent an interest in the communications of the city. The other Task Force members shall represent local media organizations such as newspapers and cable television or, if these representatives are not available, shall also be residents of the City of Brooklyn Center. -2- Representation Requirements Due regard shall be given by the Mayor in appointing Task Force members with geographical distribution within the City, and the representative nature of the Task Force in terms of gender, religion, ethnic, racial, age, handicapped, employment and employer groups. Conflict of Interest Members shall comply with provisions of the City of Brooklyn Center's business ethics policy. Resignations— Removal from Office— Vacancies Members may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive absences from duly called Task Force meetings or absences from a majority of duly called Task Force meetings within one calendar year shall constitute automatic resignation from office. The City Manager shall inform the Mayor of such automatic resignations. Vacancies in the Task Force shall be filled by Mayoral appointment with majority consent of the City Council. Compensation Members shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Task Force shall adopt such rules and procedures not inconsistent with these provisions as may be necessa ry proper for the execution and conduct of business. P Subdivision 8. MEETINGS: The initial meeting of the Task Force shall be convened at the call of the Chairperson within thirty (30) days after appointment by the Council. Thereafter, regular meetings shall be held with date and time to be determined by P Y g the Task Force. Special meetings may be called b the Chairperson. rerson. P Subdivision 9. STAFF: The City Manager shall serve as staff to the Task Force. The City Manager, or his designee, shall perform such clerical and research duties on behalf of the Task Force as may be assigned by the Chairperson or the City Manager. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his or her Councilperson- appointee shall serve as an ex officio member of the Task Force, privileged to speak on any matter but without a vote, and shall provide a liaison between the Task Force and the City Council. Subdivision 11. TASK FORCE TERM: The provisions of this resolution shall expire after the final presentation and recommendations have been made to the City Council. -3- CITY OF BROOKLYN CENTER Coamcil Meeting Date 4/25/94 Agenda Item Number — lb — REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: MAYORAL APPOINTMENT: HUMAN RIGHTS AND RESOURCES COMMISSION DEPT. APPROVAL: Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECONMMNDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) On March 9, 1994, Ms. Donna Stoderl resigned from the Human Rights and Resources • Commission. Notice of vacancy on the Human Rights and Resources Commission was announced in the Brooklyn Center Sun -Post on April 13, 1994, and in the Northwest News on March 28, 1994; notice was posted at City Hall and Community Center and aired on Cable Channel 37 from March 14, 1994, through April 15, 1994 (see attached). Those persons who previously had applied for an advisory commission have also been notified of the vacancy on the Human Rights and Resources Commission (see attached letter dated March 14, 1994). On April 15, 1994, you received copies of the applications for appointment to the Human Rights and Resources Commission submitted by applicants interested in serving on the Commission. For your convenience, attached is the Resolution Creating the Brooklyn Center Human Rights and Resources Commission and Defining its Duties and Responsibilities Therefor. Following is a table outlining the geographical distribution of the applicants for the commission and current members of the commission. • Request for Council Consideration Page 2 Geographical Distribution Human Rights and Resources Commission Applicants and Current Members April 25, 1994 >::...... . Nei oods Trent Member ber Southeast Julie Eoloff 6015 Aldrich Avenue North Agatha Eckman 5624 Humboldt Avenue North Sherry Maddox 5711 Knox Avenue North Northeast Daniel Reiva 1707 Amy Lane Northwest west S haron A h h o c to lik • Thurber R oad `? 21 -�- 3 3 West Central a :.;:::.,.: �`...... Susan Larsen Bro h Dri ve 2 ores 58 9 S 1 Tr ce O se n a Y 39 10 65th Avenue North #4 Central Southwest >> 5338 East Twin Lake Boulevard RECOMMENDED CITY COUNCIL ACTION Appoint one person to the Human Rights and Resources Commission to fill the unexpired term of Donna Stoderl which will expire on 12/31/95. • CITY 6301 SHINGLE CREEK PARKWAY OF :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 NOTICE OF VACANCY BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION Notice is hereby given that a vacancy exists on the Brooklyn Center Human Rights and Resources Commission. The general purpose of the Commission is to act in an advisory capacity to the City Council on issues related to human relations and civil rights issues and recommend the adoption of such specific policies or actions as are needed to provide for equal opportunity in the community. The Human Rights and Resources Commission meets at 7 p.m. on the 2nd Wednesday of each month. Interested persons can obtain an application at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, or call Deputy City Clerk Sharon Knutson at 569 -3300. Final appointment will be made by the Mayor and City Council. APPLICATION DEADLINE IS APRIL 15, 1994. [Posted at Brooklyn Center City Hall and Community Center March 14, 1994] [Published in the Brooklyn Center Sun -Post March 23, 1994] [Published in the Northwest News March 28,1994] 1986ALL-AMFFCCAGRY i BrOWdyn Canter, • &ooldyn Park Sun -Post /Wednesday, April •13, 1994 CITY BRIEFS CIUTDt ter. All precinct `hairs or vice Bluebird roam 'L will meet chairs are requested to attend BC commission P' - Information 566 -6423, Tim n .volunteer slated at Eastman Willson "he April meeting of the An opening exists on the A continuous program on :sate District 47 Central Com- Humboldt gr Brooklyn Center Human Rights bluebirds is planned for 1 to 4 -tee will be at 7 p.m. Tuesday, and Resources Commission. P.m. Saturday, April 16, at . the Al at the Brookdale -Hen- IIeeds members The purpose of the :commis- Eastman Nature Center pin Library, 6125 Shingle sion is to advise the City Council Participants may see _videos aek Parkway, Brooklyn Cen- Residents of Brooklyn Park on issues related to human rela- and displays about bluebirds and Brooklyn Center are en- lions and civil rights and recom- and their habits and habitat, couraged to apply to participate mend the adoption of specific plus take a hike along a bluebird en't you proud to be an American? in the Northeast Transportation policies or actions as needed to trail to look and listen for ::become a Host Corridor Task Force (also provide equal opportunity in the bluebirds. known as the Humboldt Avenue community. In addition, •participants may Family now! Task Force). The commission meets at 7 purchase and build a wooden The task force will include two p.m. on the second Wednesday bluebird nest box from a kit. representatives from each city of each month. Builders should bring a ham- who live on, Humboldt Avenue Interested persons can obtain mer. The fee is $10 for the blue - two representatives from each an each at the Brooklyn bird house kit. Information: city who live in the corridor area Center City Hall, 6301 Shingle and one representative from the Creek Parkway, or call Sharon Eastman Nature Center is in Brooklyn Center business Knutson at 569 -3300. Application Elm Creek Park Reserve at community. deadline is April 15. Final ap- 13351 Elm Creek Road, north of The task force will review pointments are made by the City the intersection of State High- issues and make recommenda- Council and mayor. way 81 and Territorial Road. CS Foundation invites you to tions regarding traffic along Information: 420 -4300. a host family for an English Humboldt Avenue from High - :eakin high school student way 252 to Highway 100, on m .Open your home Highway 252 in Brooklyn Center BC is Tree City Bike trail opens ano culture and gain a� Park and on other for second year at Elm Creek city :ecial friend. Share Our won- Applications: Must be made rful USA! on City of Brooklyn Center ap Brooklyn Center has been The designated mountain bike plication forms, which may be named a "Tree City U.S.A." by trail at Elm Creek Park. Re- a obtained from the Brooklyn Cen- l today for more information the National Arbor Day Founda- serve will be open from mid - 0 0 -4513 -H ter. Deputy City Clerk, Brooklyn tion. It is the second year Brook- April through Oct. 31. . Center City ' Hall, 6301 Shingle lyn Center has received the na- The five -mile bike trail begins s'! HIGH SCHOOL' Creek Parkway, or by calling tional recognition. at the Visitor Center and offers �� The Tree City USA program is moderately rolling terrain ideal F o u N c A r 1 o N sponsored by the National Arbor for beginner to intermediate A NOT.FCR .PROPIT.CGRPCRA}� Ap p l i c ations will be accepted Day Foundation in cooperation mountain bikers. Information: through April 21. with the USDA Forest Service 424 -5511. - and the National Association of Bikers throughout the season State Foresters. may receive updated trail condi- rIABETIC FOOT STUDY tions by calling the trail hot line at 559 - 6778. r. Kenneth Canter & Dr. Gregory Rifleman �'•. Sergeant's badge Minneapolis VAMC) are accepting diabetic Landscaping tips :.atients with foot ulcers for participa- -'• for Grass for wildflowers set '.on in a Phase III clinical study of an Officer Dave Grass was '7vestigational wound - healing drug. awarded his sergeant's badge at A program on how to land- If you are eligible to be in the study, a ceremony March 24. Grass scape with wildflowers is slated 1 joined the department in 1975. for 1 p.m. Sunday, April 17, at you will receive study - related treatment He has served in patrol, as an in- the Eastman Nature Center. at no charge. You must have diabet and vestigative trainee and, most re- This program is for adults. ®�•� an ulcer on the bottom of your foot cently, as crime prevention Participants will learn about For mom information, cars the officer. wildflowers, landscaping tips Grass will continue to handle and plants that attract wildlife. �t+ VAMC the crime prevention duties until The fee is $1. Reservations are (612) 725 - 2000, Ext. 2730, 4685 or 5528 a replacement is selected. required; call 4204300. Native plant use �� to be talk topic March 28, 1994 N ORTHWEST NEws Brooklyn Center Council Briefs Humboldt F Nancy Doerfler - _ Fails to Chang. .City Band_ Orchestrates Retu of Funding Council looks to task f rn Brooklyn Center's 31 year old city band was surprised to hear .their By Nancy Doerfler funding was a victim of tight money and was cut from the city's'94budget. When Brooklyn Center's City tior. For years, the band counted on the city's contribution of $2,495, a third Council decided on February 28 nev, of their annual budget. Another third of their funding comes from against rebuilding Humboldt AV traf Brooklyn ark. The member r the final third themse They didn't want to harp o they and losing state aid funds, vole the issue but need to, drum up money for the coming season. Could the council refrain from cutting this year, they they opted instead to await the asked, until they can,pick up the tempo on their fundraising? recommendations of a task force dec "Perhaps we were hasty in making the cut," a council member piped before making further plans. tor_ up on hearing of the group's long history and contributions to the But after that. February meet- pet community. ing, a Humboldt resident requested Stu The discussion ended onan up note as the council amended itsfid .dung a petition be sent to street stn homeowners. The petition asked tas with the funds. However, they informed the band the city would scaieback on financing for the neat year and asked the band to work on - outside the city to build a 30' street with no fundraising as a major key to future financing. parking, which would enable state tun aid funds to be used and free resi- pre CoUrICil,jOIJLS N0Tth Metre HIgtUi a j 100 CC Xil dents from paying assessments. 28. Petitions returned to the city Cer The council authorized Brooklyn Center's membership in a group to showed 14 homes in favor of the sta promote and lobby for the improvement of northern Highway 100 and proposal and 10 against, with 14 cil approved paying $2,000 for the annual membership fee. not responding. for( r e e" a .The non-profit organization, modeled after the Highway 610 Coalition, T h e c ouncil c onsidered the p - h ti co mmitment from tition and listened a gain to ob'ec- is to see 100 upgraded b 1996 and will work for a co g J P g Y JW/DOT to that end. The group intends to work with business, citizens and local govern- ments and provide a forum for developing solutions to north -south traffic <%i o � congestion. Besides pushing for highway improvement, the council will also promote public transit. Brooklyn Center representatives on the Board of Directors are City Manager Gerald Splinter and Mayor Todd Paulson. r= C ZIP Brooklyn Center NOME OF VA ANC T. mend the adoption of such specific Water Line Flushing; Y� policies or actions as are needed to B=klyn Center HiII m provide equal opportunity in the com- Mg W and ReSoMeS munity. The Human Rights and Re- Brooklyn Centerutilitycrewswill sources Commission meets at 7 p.m. flush water lines beginning Monday, Cemnusdon on the 2nd Wednesday of each April 18, 1994. The process will start co. Notice is hereby ' given that a month. Interested persons can ob- at 10:00 p.m. and continue to 6 :30 -'- vacancy exists on the Brooklyn Cen- taut an application at Brooklyn Cen- a.m. and will take four nights to r ter Human Rights and Resources ter City Hall, 6301 Shingle Creek complete. The flush may loosen rust Commission. The general purpose P Brooklyn Center, orcall Deputy in the pipes that would stain. 1 to of the Commission is to act in an ad- City Clerk Sharon Knutson at 569- dry. ; Residents are encouraged : to . f visory capacity the City Council 3300. Final appointment will be made delaylaundry, especiallywhites, until-•- to h on issues related o human relations by the Mayor and City Council. Ap the process is completed. and civil rights issues and recom- Placation deadline is April 15, 1994. Th e Pool is open every day dudng S pdn. ' Brooklyn Center COMMUNITY CENTER Th nk of all Pool & Water Slide moneg we will ,;�. _�;�;� _ . � � ----- - - - - -- - -- --- - - - - -- -- ..__ �^n rte, � r� n �,..»• � nt CITY 6301 SHINGLE CREEK PARKWAY OF :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE March 14, 1994 911 Dear Advisory Commission Applicant: The Brooklyn Center Human Rights and Resources Commission has one vacancy due to a resignation by one of the members. Since you have previously expressed interest and completed an application for appointment to an advisory commission, Mayor Paulson suggested you be notified of the vacancy to inquire if you continue to have an interest in serving on one of Brooklyn Center's advisory commissions. Please call me at 569 -3306 if you are interested in applying for the Human Rights and Resources Commission. The Mayor and City Council will be appointing commissioners sometime in late -April Thank you. Sincerely, i Sharon Knutson Administrative Assistant /Deputy City Clerk CITY OF BROOKLYN CENTER enc. cc: Mayor and City Council Members 7986ALLAMFAICACRY th�- RESOLUTION NO. 68 -44 RESOLUTION NO. 69 -35 RESOLUTION NO. 71 -211 RESOLUTION NO. 74 -68 RESOLUTION NO. 87 -132 RESOLUTION NO. 92 -135 RESOLUTION NO. 93 -76 RESOLUTION CREATING THE BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION AND DEFINING ITS DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the City of Brooklyn Center has experienced a period of extensive growth and development, and it is anticipated that such growth will continue for an indeterminate period; and WHEREAS, such growth and development necessitates intensified communication and protection of just and equitable rights among all residents of the community to promote harmonious relationships among people of all races, religion, ethnic groups, social - economic status, ages, gender, physical, mental and emotional disabilities and diverse life styles; and WHEREAS the Legislature of the State of Minnesota has enacted Chapter g P 363, Minnesota State Act Against Discrimination which provides for and permits the delegation of certain responsibilities under the Act to local human rights commissions; and WHEREAS, broad citizen participation in the affairs of the community is actively sought and promoted by the City Council on the premise that such participation promotes a better community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the public policy of said City shall be to fulfill its responsibility in assuring for all citizens equal opportunity in housing, employment, public accommodations, public services and education, and to work consistently to further improve the human relations climate of the City of Brooklyn Center. BE IT FURTHER RESOLVED that there is hereby established within the City of Brooklyn Center a Human Rights and Resources Commission as follows: Subdivision 1. TITLE: This organization shall be known as " the Brooklyn Center Human Rights and Resources Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to human rights, needs and services. Subdivision 3. PURPOSE: The purpose of the Commission is to promote understanding and equal opportunity in employment, housing, public accommodations, public services and education, and full participation in the affairs of this community by assisting the State Department of Human Rights in implementing the Minnesota State Act Against Discrimination and by advising the City Council on long range programs to further improve community relations in the City of Brooklyn Center. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: (1) Advise the City Council on human relations and civil rights issues and recommend the adoption of such specific policies or actions as are needed to provide for equal opportunity in the community. (2) Advise in the development of a Human Relations Program for the City of Brooklyn Center to give increased effectiveness and direction to the work of all individuals and agencies addressing themselves to planning, policy making and educational programs in the area of civil and human rights. (3) Enlist the cooperation of organizations, individuals and other advisory bodies in the community in an active program directed to promote understanding and equal opportunity and eliminate discrimination and inequities. (4) Advise in the development of a formal and informal educational program to assist in the implementation in the Minnesota State Act Against Discrimination and provide for the Commission's assumption of leadership in recognizing and resolving civil and human problem areas in the community. (5) Advise and assist in the determination of human service needs in the community. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and eight (8) members, all of whom shall be appointed and serve as set forth in Subdivision 6. Subdivision 6. MEMBERS METHOD OF SELECTION —TERM OF OFFICE — REMOVAL: Chairperson The Chairperson shall be elected by majority vote of the Human Rights and Resources Commission membership. The election shall be conducted at the Human Rights and Resources Commission's first regular -2- meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled edule Human uman Resources i Rights and Reso es Comrruss on meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Human Rights and Resources Commission membership. The Chairperson shall assure fulfillment of h following responsibilities in fu the fo o es rP g P addition to those otherwise described herein: 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters relevant to human rights and needs, as it relates to business under consideration by said commissions or City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Human Rights and Resources Commission of matters relevant to human rights and needs; 4. Provide liaison with other governmental and voluntary organizations on matters relevant to human rights and needs. Vice Chai erson A Vice Chairperson shall be appointed annually b the i? rr Y Y Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office Members of the Commission shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be staggered three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. U PP PP Y on P expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. -3- Qualifications for Membership Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the human rights and services function. Representation Requirements Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 11, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. Conflict of Interest No Commissioner shall take part in the consideration of any matter wherein he is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his interest might reasonably be expected to affect his impartiality. Resignations— Removal from Office — Vacancies Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from •a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City staff liaison shall inform the Mayor and City Council of such automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. Notices of vacancies shall be posted for 30 days before any official City Council action is taken. Vacancies shall be announced in the City's official newspaper and notices of vacancies shall be sent to all members of standing advisory commissions. Applications for Human Rights and Resources Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk who shall forward copies of the applications to the Mayor and City Council. The Mayor shall present at a regular City Council meeting the nominee for Human Rights and Resources Commission appointment who has submitted the required application form. By unanimous vote, the City Council may approve an appointment at the City Council meeting at which the nominee was presented, or, by majority vote, the City Council may approve an appointment at a regular City Council meeting following the presentation of the nominee. Compensation Commissioners shall serve without compensation. -4- Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairperson within thirty (30) days after appointment by the Council. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the commission as may be assigned by the Chairperson or the City Manager. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. Subdivision 11. NEIGHBORHOODS: Neighborhoods Described Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI -94; and on the west by Shingle Creek. Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI -94; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI -94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. West Central Neighborhood: The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI -94; and on the west by the west city limits. Central Neighborhood: The Central neighborhood shall be bordered on the south by County Road 10; on the east by Shingle Creek; on the north by FAI- 94; and on the west by Brooklyn Boulevard. -5- Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. -6- CITY OF BROOKLYN CENTER Council Meeting Date 4/25/94 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: MAYORAL APPOINTMENT: TRI -CITY AIRPORT COMMISSION DEPT. APPROVAL:, , Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECONMENDATION: No comments to supplement this report Comments below /attached SU1VIrVIARY EXPLANATION: (supplemental sheets attached ) Currently, Councilmember Kristen Mann and Gerald Splinter serve as members of the Tri-City • Airport Commission. Councilmember Mann has informed me a citizen, Jerry Pedlar, has expressed interest in serving on the Tri -City Airport Commission. I am willing to resign from the Tri-City Airport Commission if it is the desire of the Council to appoint Jerry Pedlar. Councilmember Mann has discussed this with Mayor Paulson. RECOMMENDED CITY COUNCIL ACTION Discuss appointment of Jerry Pedlar to the Tri-City Airport Commission. CITY OF BROOKLYN CENTER Camcil Meeting Date 4/25194 Agenda Rem Number 9� I REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING MODIFICATION TO PROJECT PLAN FOR HOUSING DEVELOPMENT DISTRICT NO. 1 (FORMERLY THE EARLE BROWN FARM REDEVELOPMENT PROJECT AREA) DEPT. APPROVAL: Tom Bu lib, Commmi Development Specialist MANAGER'S P:EVIEW/RECOIVIlIENDATION. _ r V No comments to supplement this report . Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached -- At the March 28, 1994 City Council meeting and at the request of the Brooklyn Center EDA, the City Council approved a resolution calling for a public hearing on the Modification of the Redevelopment Plan for Housing Development and Redevelopment Project No. 1. The public hearing has been scheduled for April 25, 1994, at 7:00 p.m. A copy of the public hearing notice is included with this request form. Since the EDA will be taking formal action on a resolution relative to this item prior to the Council opening the public hearing, a more detailed explanation of this item is contained in the memorandum contained in the April 25, 1994 EDA agenda, along with a copy of the Modified Plan. REC0MIIVIENDED CITY COUNCIL ACTION: Staff recommends approval of Resolution Approving Modification of Project Plan for Housing Development and Redevelopment Project No. 1 (Formerly Earle Brown Farm Redevelopment Project) following the public hearing. NOTICE OF PUBLIC HEARING CITY OF BROOKLYN CENTER COUNTY OF HENNEPIN STATE OF N INNESOTA NOTICE IS HEREBY GIVEN that the City Council (the "Council ") of the City of Brooklyn Center, County of Hennepin, State of Minnesota, will hold a public hearing on Monday, April 25, 1994, at approximately 7:00 p.m. at the City Council Chambers, Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, relating to the modification of the Earle Brown Farm Redevelopment Project No. 1, which expands the geographic area to include the geographic area of existing Housing Development Project No. 01, adds certain additional areas in the City, and renames the Project as a consolidated Housing Development and Redevelopment Project No. 1, all pursuant to Minnesota Statutes Sections 469.001 through 469.047, inclusive, as amended. A copy of the Redevelopment Plan will be on file and available for public inspection at the office of the Clerk at City Hall no later than April 15, 1994. Further information relating to the Earle Brown Farm Redevelopment Project may be obtained from the office of the City Clerk. All interested persons may a at the hearing and resent their views orally or prior to the Y PPS' g P y p meeting in writing. Dated: March 28, 1994. (Published in the Brooklyn Center Sun -Post on April 6, 1994) Member introduced the following is resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING MODIFICATION TO PROJECT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT DISTRICT NO. 1 (FORMERLY THE EARLE BROWN FARM REDEVELOPMENT PROJECT AREA BE IT RESOLVED by the City Council ( "Council ") of the City of Brooklyn Center, Minnesota ( "City ") as follows: Section 1. RECITALS 1.01 The Housing and Redevelopment Authority in and for the City of Brooklyn Center ("HRA") created Housing Development Project No. 01 (hereinafter, "Project No. 01 and approved a Project Plan therefor on April 11, 1983, pursuant to Minnesota Statutes Section 469.001 through 469.047 (the "HRA Act "). 1.02 The HRA created the Brookwood Project Tax Increment Financing District (TIF District No. 01) and approved a Tax Increment Financing Plan ( "TIF Plan ") therefore on April 11, 1983, pursuant to Minnesota Statutes Section 469.174 through 469.179 ("TIF Act "). 1.03 The HRA created the Earle Brown Farm Redevelopment Area (hereinafter, "Project ") and approved a Project Plan therefor on July 22, 1985, pursuant to Minnesota Statutes Section 469.001 through 469.047 (the "HRA Act "). 1.04 The HRA created the Earle Brown Farm Tax Increment Financing District ( "Earle Brown Farm TIF District ") and approved a Tax Increment Financing Plan ( "TIF Plan ") therefore on July 22, 1985, pursuant to Minnesota Statutes Section 469.174 through 469.179 ( "TIF Act "). 1.05 By a resolution previously adopted, the City Council of the City transferred control, authority, and operation of Project No. 01, the Project, TIF District No. 01 and the Earle Brown Farm TIF District to the Economic Development Authority in and for the City of Brooklyn Center ( "Authority ") , pursuant to Minnesota Statutes Sections 469.090 through 469.108 (the "EDA Act "). 1.06 The Authority and City modified the Earle Brown Farm Project Area on April 9, 1990, and have determined a need to expand the Project Area further, and to that end have authorized the preparation of a document titled "Modification of the Redevelopment Plan for Housing Development and Redevelopment Project No. 1, Brooklyn Center Economic Development Authority, City f Brook Center Minnesota," dated A pril 25 1994. Y Y P , Resolution No. 1.07 Expansion of the Project constitutes a modification of the TIF Plans for the Earle Brown Farm TIF District and TIF District No. 01 for the purposes of Section 469.175, Subd. 4 of the TIF Act. 1.08 The modified Project Plan was, in accordance with the HRA Act and TIF Act, referred to the Brooklyn Center Planning Commission, which submitted to the City its written opinion that the Plans conform to the comprehensive plan for the development of the City as a whole. 1.09 Estimates of the fiscal impact regarding the amended Project Plan were provided to Independent School District No. 286 and Hennepin County at least 30 days prior to the date of the Council's public hearing on the modification of the Project Plan. 1.10 By resolution dated April 25, 1994, the Authority approved the modified Project Plan and referred it to the Council for Public Hearing and consideration as provided by the HRA Act and TIF Act. 1.11 This Council has fully reviewed the contents of the modified Project Plan and has this date conducted a public hearing thereon at which the views of all interested persons were heard. Section 2. FINDINGS; REDEVELOPMENT PROJECT 2.01 It is hereby found and determined that within the Project as expanded by the modified Project. Plan, there exist conditions of economic obsolescence, physical deterioration, underutilization and inappropriate uses of land constituting blight within the meaning of the HRA Act. 2.02 It is further specifically found and determined that: (a) the land in the Project as expanded would not be made available for redevelopment without the public intervention and financial aid described in the amended Project Plan; (b) the Project Plan as amended will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the Project Area by private enterprise; (c) the Project Plan as amended conforms to the general development plan of the City as set forth in the comprehensive municipal plan. 2.03 The findings in this section are made in compliance with the EDA Act and the HRA Act for the purpose of showing the City's Resolution No. intent to exercise, in conjunction with the Authority, the powers granted to the City and the Authority by those Acts in order to achieve the objectives of those Acts. Section 3. FINDINGS: EARLE BROWN FARM TIF DISTRICT AND TAX INCREMENT DISTRICT NO. 01 3.01 The City finds and determines that it is necessary and desirable for the sound and orderly redevelopment of the Project and the City as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the powers of the TIF Act be exercised by the Authority and the City to provide public financial assistance to the Project. 3.02 The City further finds that, in its reasoned opinion, the redevelopment proposed in the TIF Plans, as amended by expansion of the Project area, could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is necessary. 3.03 The proposed public improvements to be financing partially through tax increment financing are necessary to permit the City to realize the full potential of the Project in terms of development intensity, employment opportunities and tax base. 3.04 The TIF Plans, as amended by expansion of the Project area, conform to the general plan of development of the City as a whole. 3.05 The TIF Plans, as amended by expansion of the Project area, will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment by private enterprise of the Project. 3.06 The City finds that the TIF Plans, as amended by expansion of the Project area, are intended, and in the City's reasoned judgment, that their effect will be to promote the public purposes and accomplish the objectives specified in the TIF Plans. 3.07 The City reaffirms the finding made as of July 22, 1985 that the Earle Brown Farm TIF District is a redevelopment district within the meaning of Minnesota Statutes Section 273.73, Subd. 10(2) of the TIF Act (as codified at the time of the request for certification); and the finding made as of April 11, 1983 that TIF District No. 01 is a housing district within the meaning of Minnesota Statutes Sections 273.71 to 273.78 of the TIF Act (as codified at the time of the request for certification). 3.08 The City has relied upon the reports and recommendations of its staff and the Authority as well as the personal knowledge Resolution No. of members of the Council in reaching its conclusions regarding the TIF Districts. Section 4. PLANS ADOPTED: FILING 4.01 The modified Project Plan is hereby approved, including the TIF Plans for the Earle Brown Farm TIF District and Tax Increment Financing District No. 01, to the extent such plan is modified by expansion of the Project area. 4.02 The geographic boundaries of the Project are expanded as described in the amended Project Plan. The geographic boundaries of the TIF Districts are not modified by this action. 4.03 The City directs the Authority to file a copy of the modified Project Plan with the County Auditor and the Minnesota Commissioner of Revenue as required by the TIF Act. 4.04 At the request of the Authority, the City may at the appropriate time take action to finance public redevelopment costs identified in the TIF Plans. 4.05 The City Clerk is authorized and directed to transmit a certified copy of this resolution to the Authority. Approved by the City Council of the City of Brooklyn Center, Minnesota on this 25th day of April, 1994. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 4 -25 -94 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application No. 94002 submitted by Brookdale Car Wash ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: RONALD A. WARREN, PLANNING AND ZONING SPECIALIST r, MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X J Planning Commission Application No. 94002 submitted by Brookdale Car Wash is a request for special use permit and site and building plan approval to construct a 5,149 square foot addition to the car wash at 5500 Brooklyn Boulevard. This application was considered by the Planning Commission at its April 14, 1994 meeting. Attached are minutes and information sheets from that meeting, a map of the area, and various plans relating to the proposed special use permit. Recommendation This application was recommended for approval by the Planning Commission at its April 14, 1994 meeting subject to conditions of approval as listed in the minutes. • 0 NIINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION No OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 14, 1994 CALL TO QR17ER Th° Planning Commission met in regular session and was called to order by Chairperson Willson at 7:30 p.m. R c�L LC7ALL Ch- irperson Tim Willson, Commissioners Donald Booth, Mark Holmes, Robert Mickelson, and Dianne Reem. Also present were the Secretary to the Planning Commission Planning and mooning Specialist Ronald Warron, Community Development Specialist Tom Bublitz, and p1 i.nning Commission Recording Secretary Barbara Cullman- Commissioner Ella Sander was exc_ Vs,Cd and Commissioncr Debra Hilstrom and called to indicate she would be arriving later, APPR CAF MINUTES - MARCH 1.7, 199.4_ There was a motion by Commissioner Booth and seconded by Commissioner Rccru to ap prove the minutes of the March 17, 1994, Planning Commission meeting as submittcd. T h� motion passed unanimously. F�E�'iSE A� l".NDA .h-; person Willson requested the addition of another item of business tinder #7 on the en5a. It was explained that the Commission needs to recommend appointment cif one of s menu: �:rs to sit on the Northcast Transportation +Yorridor Task Force. The Commission r-Cd to thfi agenda addition. t yIRPLRSON'S E,PLANATION ulnaiTp- ,,-on Wilisoll explained the Planning Commission is an advisory body. One of the :L, i� rfrss:on's functions is to hold public hearings. In the matters concerned in the e rir s, the Commission makes recommendations to the City Council. The City Council a t Lng '1 { i al decisions in these matters. yT � r IC ATION NO 9400 f BROOKDALE CA WAS C jjj j pevion Willson introduced the first item of business, a request from Brookdalu Car Wash fOr special use permit and site and building plan approval to construct a 5,149 square foot addition to the Brookdale Car Wash at 5500 Brooklyn Boulevard. 4 -14 -94 1 The Secretary presented the staff report, used overhead transparencies to show the location and 4.ietail {see PIanning Commission information Sheet for Application No. 94002, The Secretary then noted that he had received a call on April 14, 1994, from Tom Warner of ct odycar expressing his support for the expansion, and addition to Brookdale Car Wash. The Secretary stated that a public hearing has been scheduled and notices have been sent. T he Secretary stated that the applicant, Mr. Stephen T. Graham, and the architect, Mr. Blurnentals., w ere in attendance at this meeting. The Secretary then invited qucstioirs from thv Ci:rnlmissioners. Coninnissioner Holmes inquired as to the arrangements for the use of the private road and whetij "er all the business owners have an agreement for its use. The Secretary responded Il -ut the. business owners abutting on the private roadway share costs for maintenance and have 'access fights to it. Comi Holmes also asked whether Brookdale Car Wash in still in the business of ' � clling gasol The'Secretary responded that gas is no longer sold and the tanks have been rernov A Conni mis,sionler Holmes questioned whether the amount of t on the private road will be u pry :�� iyrn and whether all ingoing and outgoing traffic should he routed. TtIG Secretary ,;d that the nature of the road, the staggering of patrons entering and exiting, and the pre c-N.- al a stop sign make it unnecessary to route traffic in that manner. n?r 1 asked whether the identification signs will remain in place. The SPN,- -�, ry replied that, to his knowledge, they would. Loy: rnis1.10.17o ; Reem expressed concern about the canopy being too close to the street. The `. cre }3r'j sz. t -d that the canopy is an allowed encroachment into building setback area, but them are limitations on the use of a sign on the canopy. -hair crson �?�'illson asked whether the windows will be anti - glare. The Secretary remarked that th ;rc is no indication that they are tinted and h is not aware of any problem existing with s an il t g ht. L on milssioner Broth expressed concern about cars being stacked up waiting. The Secretary tilt �ha.t based on the amount of stacking space provided and the history of the operation, ,� e did not anticipate cars to be stacked out to the private road. 4 -1 94 2 Pt `BLIC HEARING APPLICATION NO. 9402 Ch.�irpPrson Willson asked for a motion to open the public hearing on the request for S pecial use permit and site and building plan approval to operate construct a 5,149 square foot addition to the Brookdale Cal Wash at 5500 Brooklyn Boulevard at 8:06 p.m. (here was a motion by Commissioner Mickelson and seconded by Commissioner Holmes to epe.n t c public hearing, The motion passed unanimously. Chairo-vrson Willson asked if there was anyone present who wished to address the Cnm :vi sion, Chairperson Willson then called upon the applicant, Stephen T. Graham, to - c ome forward. Chairperson Willson asked Mr. Graham if he was aware of the proviso which had been recen lv add d to the list of conditions for other applications on Brooklyn Boulevard. This states: "Within one y(, the applicant s hall provide an updated landscaping plan r -Jnsititti;nt with the landscaping enhancements recommended by the Brooklyn Boulevard task fblrtc " In Graham answered that he was aware of the proviso and would be happy to ,pop -r<:te with it. C=hairperson Willson noted that this pro�7sion should be added to this api P ie: ltion, t he commented that the two shade trees planned are in line with the Brooklyn Boulevard updates. Corn j i'issioner Rkeem commented that the area looks nice and asked Mr. Graham whether 'tho hill will roml ain. Ivir. Graham answered yes, he just did some work on the retaining wall and may expand it. Cor,�rs�* ion er Reem questioned the moving of three pine trees. Mr. Graham explained that t - t -c.s must re remov from their current location and the plan 1, to transplant them th -_ tj an lase them altogether, It is questionable whether they can be transplan ted but tl ev v ant to attempt it. The Secretary stated the applicant understands the three trees will b` r?aL:d if they are not successfully transplanter.. Commissic-rier Reem noted that cars will be going through at three wide and wondered .helper the tizie has increased. Mr. Graham stated that the basic wash will not be c hanged; they are just adding services. The business does plot expect to do a considerably larger nurnoer of cars, just to offer different services to th.e customers. He was asked if cars are oL;en bac ed up and responded that waiting cars have only backed up into the street on a ;l;r 1ximately four or five days over the last five years. The patrons decide whether or not Lo wait based on the line, mis;ioner Booth asked whether the lighting will be indirect. Mr. Blumentals stated that the gh`ing will be shielded and will be under the canopy. He also stated that there will not les. C•omrnissioner Booth also asked whether the rye sr� }ilia Its. There will be lights on po 4 -1 94 3 exit to :tars would r emain open all day or would be open and close. He was told that would de pend «n the weather; in winter, they would probably be closed. Commissioner Booth commented that he likes the heated apron. Com missioner I-ioimes questioned whether there is enough parking planned for employees. Mr. Graham responded that he does not anticipate this to be a problem as most employees in the busy season are high school students who ride the bus or bike to work. Commmssioner Hilstrom arrived at 8:15 p.m. Chairperson Willson called for any more questions for the applicant or for anyone else to spea at the public hearing. C'l�C.'8H PIUSLIC HEARI Ther::_ was a motion by Commissioner Mickelson and seconded by Commissioner Reem to cir)sei the public hearing at 8 ;15 p.m. The motion passed unanimously. A� - iON- RE CQMMENDING APPROVAL F APPLICATION NO. 94002 (B FtOOKDALE CAR WASH) Thp-r- was a motion by Commissioner Mickelson an seconded by Commissioner Booth to et-1A approval of Application No. 94002 submitted by Brookdale Car Wash for special t_se.e;it �n -d site and building plan approval to operate construct a 5,149 square foot :y i iz l t }::lie B,00kdale Car Wash at 55001 Brooklyn Boulevard subject to the following L) „ 0 1 t; ^ r C ,uildi g ;Mans are subject to review and approval by the Building Official with r e-- to applicable cedes prior to the issuance of permit. _. Gradin , urainage and utility plans are subject to review and approval by the City En` prior to the issuance of permits. A site performance agreement and supporting financial guarantee (in an amount to i. I deter by the City Manager) shall be submitted prior to the issuance of PC-rmits. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment ;ball be appropriately screened from view. The building is to be equipped with an automatic fire extinguishing system to meet '�FI'A standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. b. An underground irrigation system shall b+,- installed in all landscaped areas to tac lit ltc sit- maintenance. 4 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City din C, r ances. 8.. B -612 curb and parking and driving areas. utter shall be rovided around all g p p 9. The applicant shall submit an as built survoy of the property, improvements and utility scn ?ice lines, prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, pri or to the issuance of pe rrrrits. On site traffic control signs shall be installed and maintained by the applicant. Said signs shall be constructed in accordance with the Highway Commissioner's Manual rm Uniform Traffic Control Signs, 12. Any icing problems on the private roadway or public streets caused by the car wash operation shall be corrected immediately by the applicant. 13. Th+� amended special use permit is granted to the applicant for an expanded car wash at 5500 Yrooklyn Boulevard as contained in the plans submitted. Any expwision or alteration of the use -shall require additional amendments to .this special use permit. i4. The special use permit is subject to all applicable codes, ordinances and regulations, any ,Io'ations thereof could tic grounds for revocation. i {. Within one year, the applicant, shall provide an updated landscaping plan consistent will the landscaping enhancements recommended by the Brooklyn Boulevard task V in f vor: Cha irperson W illson, Commissioners Booth, Holmes, Mickelson, and --3! Tie :1: tion passed unanimously, (. ommissioner Hilstrom abstained as she had not particirate-d in the full review of the application. The Stcretary noted that the application will be referred to the City Council at the April 25, Q' ,ctina. The applicant is required to be present at the City Council meeting. If any ch4n`-s or modifications are made to the plans prior to City Council consideration, they r u _t b c. brought back before the Planning Commission for review. RE_)QLUTION FINDING THE CITY'S PROPOSED MODIFICATION TO THE R E. DE ,, HLC }_'MENT PLAN FOR THE EARLE I3RO F AK M REDEVELOPMENT P R } _l 1= C: ii AND THE_6DOPTION OF TH RE—DEVELOPMENT PLAN FOR THE EAR_LE B_R FARM REDEVELOPMENT PROJECT TO BE CONSISTENT WITH h C G? viPl HENSIVE PLAN OF THE ITY Chairp eron Willson introduced the next item of business, a Resolution Finding the City's Proposcd Modification to the Redevelopment Plan for the Earle Brown Farm RedevuloprnCnt Project and the Adoption of the Rt;development Plan for the Earle Brown 1 0 Farm -. &veiopment Project to be Consistent with the Comprehensive Plan of the City. ,. 4 - i 4•Y•y 5 The Secretary called the Commission's attention to the Memorandum addressing this rject. The Secretary stated part of the City isn't in the project area; expanding the project area will offer s for future projects. He went on iQ say that the plan is not incon5i tew with 0 the {`its plan• and that any tax increment projects are still subject to review for consistency. Thz Secretary introduced Mr. Sid Inman, a representative of Publicorp, Inc., a consulting firm retained by the City as a Iegislative liaison. Mr. Inman explained what Publicorp does, nen gave; a detailed description of tax increment financing, including the "But—For" finding. He t hen volunteered to answer questions. The Secretary pointed out "An Introduction to Tax Increment Financing" which was part of I Commissioner's packet. He also noted that creating a project area is a first step which the Com - mission is taking at the direction of the City Council and recommends the approval. 7 City Council has scheduled a public hearing on the issue for April 25, 1994. C . scion -r R-em asked whether Earle Brown Common's financial difficulties are a corcc in regard to this issue, Mr. Inman replied that there is no effect; it is a freestanding d.ebi obligation. C hcairrer s in }{ illson asked whether it would be appropriate for the Commissioners to attend a elms sir, tax increment financing and w hether the Commissioners were interested in the ide£t. Mr. -Mrnan stated ghat his organization could structure educational sessions, for whatever oLin u�f time preferred, tailored to this particular situation. Vmmissicrer Holmes suggested that four hours o;' education might be the right amount. C:o - wissicner Holmes also asked whether staff members have attended a seminar ( }n this t -- c ':Ise: Secretary replied that they have. Co �missi ni..r Holmes questioned whether these ed'acational seminars would be in line with Oul udLut. M .Inman stated that Publicorp would be willing to work with the Commission in r.-uard to cost. The Secretary asked that the training seminars be set up for this spring. AC71 )N RECOMMENDING APPROVAL OF PLANNING COMMISSION RED'...' U ION 94 - M,- -Imbor Hilstrom introduced the following resolution and moved its adoption: RESiOLUTION FINDING THE CITY'S PROPOSED MODIFICATION TO THE R = fF. %' F L ;PME -'T PLAN FOR THE EARLE BROWN FARM REDEVELOPMENT PR �_JE T ANTI THE ADOPTION OF THE REDEVELOPMENT PLAN FOR THE EA LI F BROINTN FARM REDEVELOPMENT PRC,TECT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY The motion for the adoption of the foregoing resolution was duly seconded by member Booth, and the motion passed unanimously. I -i� I s There was a motion by Commissioner Hilstrom and seconded by Commissioner Mickelson that the members of the Planning Commission, City Council and Financial Commission r °celve trainin in ta,Y increment financing to better deal with the issues. The motion passed 1.nar►im QTTHZR B. U S INESS Chairperson Willson asked for a volunteer to serve on the N ortheast Transportation Corridor Task Force. Following discussion, Chairperson Willson volunteered to serve on the Committcc, Ther was a :notion by Commissioner Hilstrom and seconded by Commissioner Holmes to r.mcnd Chairperson Willson be appointed to the Northeast Transportation Corridor Tas, F` rce, The motion passed unanimously. Chairperson Willson requested that two business :items be covered at the next meeting (which iw a study session), one concerning Brookdalc Square Shopping Center, and onc; LU;�c_ning the Lutheran Church of the Master on ;59th Avenue. There was discussion concerning the freedom of speechiopinion sign issue. The Secretary will be workir! g on the language for this issue. T ii :re was ar informal discussion on current projects in progress, including the Cinema, :1 ail. 1'l iilips 66 and Westbrook Mall and a baseball field. There was also discussion �:�bt,;�. the quality of the copies of the min utes. It was mentioned that if the April 28 study session is now a work session, another time may nee- to be scl cduled for a study session. The next meeting of the Planning Commission will be .�Prii 2 1994, A DT L2r I . :ins a motion b1' Commissioner Booth and seconded by Commissioner Hilstrom to a�tajt,''•�m tie ;Heeling of the Planning Commission. The motion passed unanimously. The r'Lol-nir`g Gonnmission adjourned at 9:4$ p.m. Chairperson Rec -3rded and transcribed by: Bart #at - a C„ilman Timejaver Off Site Sucrctarial 4 -14 94 7 Planning Commission Information Sheet Application No. 94002 Applicant: Stephen T. Graham, owner of the Brookdale Car Wash Location: 5500 Brooklyn Boulevard Request: Special Use Permit /Site and Building Plan Approval The applicant is seeking site and building plan approval and an amendment to his special use permit to construct a 5,149 square foot addition to the existing Brookdale Car Wash, 5500 Brooklyn Boulevard. The property in question is zoned C2 and is bounded on the north by the Kentucky Fried Chicken site; on the east by a private access road; on the south by 55th Avenue; and on the west by Brooklyn Boulevard. Car washes are special uses in the C2 zoning district and are allowed provided they do not abut Rl, R2 or R3 zoned property including abutment at a street line. There is R1 zoned property located along the west side of the Brooklyn Boulevard frontage road, however, this abutment across a major thoroughfare and frontage road such as Brooklyn Boulevard in this location has not been considered the type of an abutment that would preclude the Brookdale Car Wash use or the expansion thereof. The applicant's plans include the demolition of approximately 900 square feet of the northerly portion of the existing car wash and the construction of the additional 5,149 square feet. The addition would be to the north end of the building and wrap around the west side of the building and a portion of the east side also, creating an 8,936 square foot building. An approximate 46 foot by 40 foot canopy attached to the west side of the building extending out over three drive - up lanes to create a customer write up area will also be constructed. The purpose of the addition is to create a full size car wash with customers leaving their car at the write up area and entering the.building to pay and wait for their vehicle. The canopy is attached to the building and is open on all three sides other than were attached. Canopies are allowed encroachments into building setback areas and this canopy does encroach into the 50 foot building setback off Brooklyn Boulevard (it is setback 29 feet from the Brooklyn Boulevard right -of -way). ACCESS /PARKING The plan calls for little change to the access and parking on the site. Access to the facility is gained from the perimeter road at the northeast corner of the property by an existing twelve foot wide drive lane and access point. Circulation around the site is generally in a counter clockwise fashion. The plan shows the ability to stack approximately 40 cars on the site. With respect to drive -up facilities such as this one, stacking space is probably a more paramount concern than is parking. Generally, we look for stacking of 5 to 6 cars per drive -up lane at other drive -up facilities such as fast food restaurants, self service car washes, and auto banks which, in this case, would amount to 15 to 18 stacking spaces. The current stacking space on the site will obviously be reduced, however, stacking and congestion on the site have not been a problem in the past. 4 -14 -94 -1- Seven angled parking spaces for employees will be provided along the west side of the property and three parking spaces will be provided on the east side of the building where vacuum cleaner stations were previously provided. Mr. Graham proposes to keep two vacuum cleaner stands, however, these could be removed to provide for additional parking spaces. These ten parking stalls and the potential for four more, appear to be more than adequate to handle employee and customer parking needs. Vehicle access into the car wash tunnel is at the south end of the building and is unchanged from the current arrangement. The addition will primarily house sales, customer areas, equipment rooms, office space, entry area and finishing and wipe down areas off the car wash line. Three overhead doors along the east side of the building provide the exit area for customers from the car wash. The area includes drains inside the building in the finishing or wipe down area and a heated concrete apron outside before entering the private roadway. It is not anticipated that there will be much water shed from vehicles leaving the building but this heated concrete apron should be sufficient to prevent ice build up in the winter time. Any icing problems on the private road or public street caused by the car wash are the applicants responsibility to immediately correct. GRADING /DRAINAGE /UTILITIES Little alteration is being made to the site other than where it accesses and exits to the private roadway. New curb and gutter will be provided to tie into existing curb and gutter in these locations. The City Engineer has reviewed the site on a preliminary basis and does not anticipate any major problems. Final drainage, grading and utility plans are subject to his review and approval. LANDSCAPING The site is currently well landscaped and maintained. The applicant has submitted a landscape plan in response to the landscape point system used to evaluate site landscaping. The plan shows existing and proposed landscaping. This .82 acre site requires 80 landscape points. The proposed plan based on existing and new landscaping comes to a point value of 110.5. However, using the landscape point system method of distributing points, the landscape point P P Y gP total comes to 81 points. A large number of points for shrubs are not counted because of this allocation. The landscape plan itself calls for two future shade trees in the Brooklyn Boulevard greenstrip to compliment the Brooklyn Boulevard master plan. Three existing pine trees would be relocated from the northwest side of the existing building to the east side of the building and be replace by a new 2 1/2" diameter Skyline Locust. Thirty Alpine Current will be planted along the west side of the new addition, four Winged Emonymus will be planted along the south greenstrip and three Columnar Buckthorn will be planted along side the new trash enclosure area. BUILDING /CANOPY The building exterior is colored scored concrete block with a contrasting colored rock faced concrete block and 2" ledge around the lower portion of the building. A pre - finished metal band 4 -14 -94 -2- Planning Commission Information Sheet and cap is continued around the entire top of the building. Eight inch by eight inch clear glass block is used on the west and east sides of the building for light and decorative purposes. The canopy is support by eight columns separating the drive lanes and write up areas which will be finished to match the exterior of the building. The canopy will have an angled roof line similar to a section of the roof line on the car wash building. The east face of this angled appendage will contain windows allowing light into the canopy area, like the windows on the west face of the roof appendage on the car wash building. The height of the canopy is 13' 4" at the top of the west end extending up to approximately 23' high on the east end. There will be 8' 8" of clearance underneath the canopy. TRASH /LIGHTING A new 12' x 8' trash enclosure is to be located at the southwest corner of the car wash building. This enclosure will be 8' high concrete block walls, scored to match the building exterior, with a redwood and steel framed gate for screening. New lights are proposed for the north access drive and along the west side of the new building addition at a height of 20' with a dark anodized "shoebox" type fixture. Canopy lighting is not shown but should be shielded or recessed so as not to create glare. SPECIAL USE PERMIT STANDARDS A public hearing is scheduled for this special use permit and notices have been sent. Attached for the Commission's review is a copy of Section 35 -220 containing the five standards for special use permits. This is an existing car wash which has been a well maintained site over the years. We find no conflicts with the special use permit standards for this proposal given the plans submitted by the applicant. RECOMMENDATION All together the plans and special use permit appear to be in order. Approval is, therefore, recommended subject at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permit. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to 4 -14 -94 -3- Planning Commission Information Sheet meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. On site traffic control signs shall be installed and maintained by the applicant. Said signs shall be constructed in accordance with the Highway Commissioner's Manual on Uniform Traffic Control Signs. 12. Any icing problems on the private roadway or public streets caused by the car wash operation shall be corrected immediately by the applicant. 13. The amended special use permit is granted to the applicant for an expanded car wash at 5500 Brooklyn Boulevard as contained in the plans submitted. Any expansion or alteration of the use shall require additional amendments to this special use permit. 14. The special use permit is subject to all applicable codes, ordinances and regulations, any violations thereof could be grounds for revocation. 4 -14 -94 -4- Planning Commission Information Sheet Application No. 94002 Applicant: Stephen T. Graham, owner of the Brookdale Car Wash Location: 5500 Brooklyn Boulevard Request: Special Use Permit/Site and Building Plan Approval The applicant is seeking site and building plan approval and an amendment to his special use permit to construct a 5,149 square foot addition to the existing Brookdale Car Wash, 5500 Brooklyn Boulevard. The property in question is zoned C2 and is bounded on the north by the Kentucky Fried Chicken site; on the east by a private access road; on the south by 55th Avenue; and on the west by Brooklyn Boulevard. Car washes are special uses in the C2 zoning district and are allowed provided they do not abut R1, R2 or R3 zoned property including abutment at a street line. There is R1 zoned property located along the west side of the Brooklyn Boulevard frontage road, however, this abutment across a major thoroughfare and frontage road such as Brooklyn Boulevard in this location has not been considered the type of an abutment that would preclude the Brookdale Car Wash use or the expansion thereof. The applicant's plans include the demolition of approximately 900 square feet of the northerly portion of the existing car wash and the construction of the additional 5,149 square feet. The addition would be to the north end of the building and wrap around the west side of the building and a portion of the east side also, creating an 8,936 square foot building. An approximate 46 foot by 40 foot canopy attached to the west side of the building extending out over three drive - up lanes to create a customer write up area will also be constructed. The purpose of the addition is to create a full size car wash with customers leaving their car at the write up area and entering the building to pay and wait for their vehicle. The canopy is attached to the building and is open on all three sides other than were attached. Canopies are allowed encroachments into building setback areas and this canopy does encroach into the 50 foot building setback off Brooklyn Boulevard (it is setback 29 feet from the Brooklyn Boulevard right -of -way). ACCESS /PARKING The plan calls for little change to the access and parking on the site. Access to the facility is gained from the perimeter road at the northeast corner of the property by an existing twelve foot wide drive lane and access point. Circulation around the site is generally in a counter clockwise fashion. The plan shows the ability to stack approximately 40 cars on the site. With respect to drive -up facilities such as this one, stacking space is probably a more paramount concern than is parking. Generally, we look for stacking of 5 to 6 cars per drive -up lane at other drive -up facilities such as fast food restaurants, self service car washes, and auto banks which, in this case, would amount to 15 to 18 stacking spaces. The current stacking space on the site will obviously be reduced, however, stacking and congestion on the site have not been a problem in the past. 4 -14 -94 -1- Seven angled parking spaces for employees will be provided along the west side of the property and three parking spaces will be provided on the east side of the building where vacuum cleaner stations were previously provided. Mr. Graham proposes to keep two vacuum cleaner stands, however, these could be removed to provide for additional parking spaces. These ten parking stalls and the potential for four more, appear to be more than adequate to handle employee and customer parking needs. Vehicle access into the car wash tunnel is at the south end of the building and is unchanged from the current arrangement. The addition will primarily house sales, customer areas, equipment rooms, office space, entry area and finishing and wipe down areas off the car wash line. Three overhead doors along the east side of the building provide the exit area for customers from the car wash. The area includes drains inside the building in the finishing or wipe down area and a heated concrete apron outside before entering the private roadway. It is not anticipated that there will be much water shed from vehicles leaving the building but this heated concrete apron should be sufficient to prevent ice build up in the winter time. Any icing problems on the private road or public street caused by the car wash are the applicants responsibility to immediately correct. GRADING /DRAINAGE /UTILITIES Little alteration is being made to the site other than where it accesses and exits to the private roadway. New curb and gutter will be provided to tie into existing curb and gutter in these locations. The City Engineer has reviewed the site on a preliminary basis and does not anticipate any major problems. Final drainage, grading and utility plans are subject to his review and approval.:. LANDSCAPING The site is currently well landscaped and maintained. The applicant has submitted a landscape plan in response to the landscape point system used to evaluate site landscaping. The plan shows existing and proposed landscaping. This .82 acre site requires 80 landscape points. The proposed plan based on existing and new landscaping comes to a point value of 110.5. However, using the landscape point system method of distributing points, the landscape point total comes to 81 points. A large number of points for shrubs are not counted because of this allocation. The landscape plan itself calls for two future shade trees in the Brooklyn Boulevard greenstrip to compliment the Brooklyn Boulevard master plan. Three existing pine trees would be relocated from the northwest side of the existing building to the east side of the building and be replace by a new 2 1/2" diameter Skyline Locust. Thirty Alpine Current will be planted along the west side of the new addition, four Winged Emonymus will be planted along the south greenstrip and three Columnar Buckthorn will be planted along side the new trash enclosure area. BUILDING /CANOPY The building exterior is colored scored concrete block with a contrasting colored rock faced concrete block and 2" ledge around the lower portion of the building. A pre- finished metal band 4 -14 -94 -2- I i Planning Commission Information Sheet and ca is continued around the entire to of the building. Eight inch b eight inch clear glass P P g g Y g b block is used on the west and east sides of the building for light and decorative purposes. The canopy is support by eight columns separating the drive lanes and write up areas which will be finished to match the exterior of the building. The canopy will have an angled roof line similar to a section of the roof line on the car wash building. The east face of this angled appendage will contain windows allowing light into the canopy area, like the windows on the west face of the roof appendage on the car wash building. The height of the canopy is 13' 4" at the top of the west end extending up to approximately 23' high on the east end. There will be 8' 8" of clearance underneath the canopy. TRASH /LIGHTING A new 12' x 8' trash enclosure is to be located at the southwest corner of the car wash building. This enclosure will be 8' high concrete block walls, scored to match the building exterior, with a redwood and steel framed gate for screening. New lights are proposed for the north access drive and along the west side of the new building addition at a height of 20' with a dark anodized "shoebox" type fixture. Canopy lighting is not shown but should be shielded or recessed so as not to create glare. SPECIAL USE PERMIT STANDARDS A public hearing is scheduled for this special use permit and notices have been sent. Attached for the Commission's review is a copy of Section 35 -220 containing the five standards for special use permits. This is an existing car wash which has been a well maintained site over the ears. We find no conflicts with the special use permit standards for this given the proposal Y P P P P g plans submitted by the applicant. RECOMMENDATION All together the plans and special use permit appear to be in order. Approval is, therefore, recommended subject at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permit. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to 4 -14 -94 -3- Planning Commission Information Sheet meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. On site traffic control signs shall be installed and maintained by the applicant. Said signs shall be constructed in accordance with the Highway Commissioner's Manual on Uniform Traffic Control Signs. 12. Any icing problems on the private roadway or public streets caused by the car wash operation shall be corrected immediately by the applicant. 13. The amended special use permit is granted to the applicant for an expanded car wash at 5500 Brooklyn Boulevard as contained in the plans submitted. Any expansion or alteration of the use shall require additional amendments to this special use permit. 14. The special use permit is subject to all applicable codes, ordinances and regulations, any violations thereof could be grounds for revocation. 4 -14 -94 -4- MI NUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 14 1994 CAL. TO O RDER The Planning Commission met in regular session and was called to order by Chairperson Wilisron at 7:30 p.m. �QLL CALL Chairperson Tim Willson, Commissioners Donald Booth, Mark Holmes, Robert Mickelson, .lid Dianne Reem. Also present were the Secretary to the Planning Commission planning and Zoning Specialist Ronald Warren, Community Development Specialist Tom Bublitz, and Flannin8 Commission Recording Secretary Barbara Collman. Commissioner Ella Sander was e c -Usted and Commissioner Debra BI strom and celled to indicate she would be arriving later. _ 994 MINUTES MARCH ] 7 _ APPROVAL OF . 1 , .. Booth and seconded b Commissioner Reeiii to b Commissioner Boo Y . `sere was a motion Cc� . Y pp' ove the minutes of the March 17, 1994, Planning Commission meeting as submitted. The motion passed una nimous ly. RE -VISE AG ENDA Cnair perssan Willson requested the addition of another item of business tinder #7 nn the agenda. It was explained that the Commission needs to rccommnd appointment of one Of i s Ir,e �l c.rs to sit on the Northeast Transportation + prridor Task Force. The Commission afire, to the agenda addition. CH____ IP ,PERSON'S E PLANATION �,'!Isirg`• iSOl7 Willson explained the Planning Commission is an advisory body. One of the ision's functions is to hold public hearings, In the matters concerned in these lrit gs, the Commission makes recommendations to the City Council. The City Council all final decisions in these matters. ;• P= r ICAT'ION, NO 9400 BROOKDALE CAR WAS chl 't!- � Per's Willson introduced the first item of business, a request from Bruokdalu CaI assill ic)r spec use permit and site an g A FP r d building p lan approval to construct a 5,149 square �� a� Wash at 5500 Brooklyn Boulevard. - kd le Car Y foot ad ditio n icon to the � roa a f��t a�, t _ 4- 1=t_9.1 The Secretary presented the staff report, used overhead transparencies to show the Iocation and deltail {Sce Planning Commission Information Sheet for Application No. 94002, The Secretary then noted that he had received a call on April 14, 1994, from Tom Warner of Gjknodycar expressing his support for the expansion and addition to Brookdale Car Wash. The Secretary stated that a public hearing has been scheduled and notices have been sent. The Secretary stated that the applicant, Mr. Stephan T. Graham, and the architect, Mr. Blumentals, were in attendance at this meeting. Thos Secretary then invited yucatioiis from the Commissioners. Comanissioner Holmes inquired as to the arrangements for the use of the private road and wheflirj all the business owner have an agreement for its use The Secreta - responded that the business owners abutting can the private roadway share costs for maintenance and h ave, }`` Commission -.1 Holmes also asked whether Brookda.le Car Wash in still in the business of sc:liin gasoline. The'Secretary responded that gas is no longer sold and the ranks have been removed, Com-IMISsic3ncr Holmes q uestioned whether the amount of traffic on the private road will be ecreta F: � y - .t -,�- o utg oing traffic should be routed. The S ry u � }1i_ 1. :�,:11 a nd whether all in goin g and o g g tra attid that the nature of the road, the staggering of patrons entering and exiting, and the 0 Ares }� ncu of a stop sign make it unnecessary to route traffic in that manner. -lo m:ssi, ner Reem asked whether the identification signs will remain in place. The sec -r `Yry r-piic,d that, to his knowledge, they would. Cornmissic:ner 12yem expressed concern about the canopy being too close to the street. The Se cretary stated that the canopy is an allowed encroachment into building setback arca, but there are limitations on the use of a sign on the canopy. 'hair person Willson asked whether the windows will be anti - glare. The Secretary remarked that thc.'e is no indication that they are tinted and lie is not aware of any problem exis wit In sun1l.ght, C on miissioner Booth expressed concern about cars being stacked up waiting. The Secretary 's — ghat `�dSed on the amount of stacking space provided and the history >f the operation, u e did not anticipate cars to be stacked out to the private road. A PUBLIC HEARING (APPLICATION N . 94002 �;h.'irperso» Willson asked for a motion to open the public hearing on the request for 4pL.ial use permit and site and building plan approval to operate construct a 5,149 square foot addition to the Brookdale Car Wash at 5500 Brooklyn Boulevard at 8:06 p.m. There +�-as a motion by Commissioner Mickelson and seconded by Commissioner Holmes to open th c public hearing, The motion passed unanimously. Cna;rp-Ursun Willson asked if there was anyone present who wished to address the clog, n ssion, Chairperson Willson then called upon the applicant, Stephen T. Graham, to Como fozvrard, Chairperson Willson asked Mr. Graham if he was aware of the proviso which had been recenTly t:dd_d to the list of conditions for other applications on Brooklyn Boulevard. This pr m�iso States; "Within one year, the applicant shall provide an updated landscaping plan consist nt with the landscaping enhancements recommended by the Brooklyn Boulevard task ft? oc." Mr, Graham answered that he was aware of the proviso and would be happy to t;p r< to with it. Chairperson Willson noted that this provision should be added to this applicat 'I S cr <_tar; co nniented that the two shade trees planned are in line with the Brooklyn Bou'evF }r l updates. Corn: nissio er RReem commented that the area looks nice and asked Mr. Graham whether 'tho hill will renrah Mr. Graham answered yes, he just did some work on the retaining wall and m..y cxpand it. Commis sioner Reem questioned the moving of three pine trees. Mr. Graham explained that ;,c Grc:Ls ;;1t;s he reR,oved from their current location and the plan is to transplant them r a t °h an 1 Ise them altogether, It is questionable: whether they can be transplanted but t.,e_v , ar:t to attempt it. The Secretary stated the applicant understands the three trees will be ; placed if they are. not successfully transplanter:. Cam—...! ixier Reem noted that cars will be going through at three wide and wondered ;vhei�er the ti .�e hats increased. Mr. Graham stated that the basic wash will not be changed; they are just adding services. The business does not expect to do a considerably larger nurnoer of car;, just to offer different services to the customers. He was asked if cars are often tacked up and responded that waiting cars have only backed up into the street on app ximately four or five days over the last five years. The patrons decide whether or not to Nvalt Based on the line, ^0 1 11 issioner Booth asked whether the lighting will be indirect. Mr. Bl umentals stated that the. ightin:; v� ill be shielded and will be under the canopy. He also stated that there will not I?' spo - iams. There will be lights on poles. Commissioner Booth also asked whether the .1. l; 9A? 3 exit t_:ors would remain open all day or would be open and close. He was told that would I on the weather; in winter, they would probbly be closed. Commissioner Booth ' commented that lie likes the heated apron. corr,missioner, Holmes questioned whether there is enough parking planned for employees. Nlr. Graham responded that he does not anticipate ttds to be a problem as most employees in the busy season are high school students who ride the bus or bike to work. Cor:iroissicner Hilstrom arrived at 8:15 p.m. C., person Willson called for any more questions for the applicant or for anyone else to speed: 1t the public hearing. CI,Q� PUBLIC LiEARINO Ther;. was a motion by Commissioner Mickelson and seconded by Commissioner Reem to CI �s, t'rsc p ublic hearing It 8:15 p.m. The motion passed unanimously. A� � s ON RE COMMENDING APPROVAL OF APPLICATION NO. 94002 (BROOKDALE CAR WA H Th eY4, was a motion by Commissioner Mickelson and seconded by Commissioner Booth to r v ^c __ en approval of Application No. 94002 submitted by Brookdale Car Wash for special �rJ site: and building plan approval to operate construct a 5,149 square foot to 71 B ookdale Car Wash at 5500 Brooklyn Boulevard subject to the following Builuina Mans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permit. G. adin , drainage and utility plans are subject to review and approval by the City l- ngineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to e det.=.inod by the City Manager) shall be submitted prior to the issuance of perm its. 4, Any outside trash disposal facilities and rooftop or on ground mechanical equipment }ill b appropriatcly screened from view. 5- The building is to be equipped with an automatic fire extinguishing system to meet TPA standards and shat l be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. n. An underground irrigation system shall b(,- installed in all landscaped areas to f' cilitatc site maintenance. 4 '. Plan approval i5 exclusive of all signery which is subject to Chapter 34 of the City 04 , dinance s" 8:. B -612 curb and gutter shall be pro�rided around all parking and driving areas. 9. The applicant shall submit an as built suivoy of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of perruits. 1 1. Ors site traffic control signs shall be installed and maintained by the applicant. Said signs sh all be constructed in accordance with the Highway CAmmissioncr's Manual tL t uniform Traffic Control Signs, Any icing problems on the private roadway or public streets caused by the car wash operation shall be corrected immediately by the applicant. 13. TILL amended special use permit is granted to the applicant for an expanded car wash at 5 Brooklyn Boulevard as contained in the plans submitted. Any expdnsuoir or alteration of the use shall require additional amendments to this special use permit. 14. T hiespecial. use permit is subject to all applicable codes, ordinances and regulations, ':Y ,dolations thereof could be grounds for revocation. i3. Within one year, the applicant shall provide an updated landscaping plan consistent Wit M tI e landscaping enhancements recommended by the Brooklyn Boulevard task fi?ICt'. Vr,t -g in t4vor: Chairperson Willson, Commissioners Booth, Holmes, Mickelson, and Rwert. i ht, innotion passed unanimously, (;ommissioner HHilstrom abstained as she had not patc?rate.d in the full review of the application. T .__ �)e:.re avy noted that the- application will be referred to the City Council at the April 25, 1 ;4 1veting. The applicant is required to be present at the City Council meeting. If any ,hag-cs or mot.ifications are made to the plans prior to City Council consideration, they ru:t In. brought back before the Planning Commission for review. R E-3 2L UTI ON FINDING THE CITY'S PRO MODIFICATION TO THE RFr = '?= < rLOP F TT PLAN FQR THE EARLE I3ROWN FAKM REDEVELOPMENT PR _ =JFC 7LXN THE 6DOPTION OF TH R PLAN FOR THE EAR LE BR O NN FARM REDEVELOPMENT P ROJECT TO BE CONSISTENT WITH T F Cc� SIP EHENSIVE PLAN OF T'Hl✓ CITY Chairperson Willson introduced the next item of business, a Resolution Finding the City's Froos� d Modification to the Redevelopment Plan for the Earle Brown Farm Rid' . Ilopr ent Project and the Adoption of the Redevelopment Plan for the Earle Brown F q -, Red,evelopn -, cnt Project to be Consistent with the Comprehensive Plan of the City. . 44 5 fit a'1• `iy 1 - ,� �' :! 1/ It■ ; � � � � ■ ■ ■[ �/� ` �• : Hill �� �■� " ; 11 1 • 1111 IIIIII��eG' F�!!1111111 i ►�/ , �i���� • 1111 111 i ....■ - �,�,; o il Ic 1� 1 , 1 I.iiJ�n !!11►,'► I ♦�j� �� .. ■// ill ... � ; =i � ���� ������� �I���ii ���� ,� ►�� , 1��� ; - �! �� 111■ ��IIIi -�r�i . � �9 . � !! ► r i �� ' 1111 .. > ♦♦ � ♦ -� �. = -. --', �a r:�© ������1' �: 1111111■■ 1111■ �'�►�1 �i 1111 -il►�► • • 111 11 � : � ��� �' .• � i� 1111111111 EIII■ �` . ! 1 1 w /, 1111 11111 X1111 �: ��; mw 1111111111111 :i • - - � � : It � 111111■ ��i �rr� n' .� � ., _ 11 �..> 111 ■■ ■ 111 `..aa�JA �4ti" w�aavaaaW ..._ _ _ * wa�+raaa.w� �A i :tea �-�� � \�I� `\ - ►��� Lw. v . \. � � \� �iaA�l A��• \vow' = .. �: � ��••.�,w.� •. . ���w� v►;�� � �.�17►.�V��` Ww� MR-MMEMN 11 11 �1 ■ C /��� � � � X11 1111 ■■ �■ : �► ���� � � � � , �--- � � 1111/1111 I � � " � •" - 111 1111 11111E 1 1111■ 11�� ■ ■ �' LANOKAPK NOTED{ LANDSCAPE nEOUIREMENTS • DIY Yt w0 UIMW loom" H cm � I y 11. .1 v Y. Nr�. M IM..U/MW�f I VM1PA • r r ww tn�. •AH( fO9R k IMwlll.olt'•�F tVN • r YID. r wn w .YYt M >1AA1 • 1 awt. YYt�,H 1 'M LANDSCAPE PROVR)EO w.Y wY w��r m in • w I�wn� Kilt � r ww r irw ° . w nn , Iw�f. Mkt�nM)i ` ow. AWN" w. �aww rwttw . XKM . ri. rr• r nwr. , 4 4q(.0 ¢Fp!•y[17R lfCff'WN C1�7, r..t I.ro t w.1 u + 11 '.YA ---- -�--- w•n.IK• r I.t �' H t t ' n PUNT SCNEMPLIK tt"ra cap H. .t .Is 1 � QI 1 ( i er<tea•ri u++1+ryN w r♦ npctm+ � ' Id YntnwM,►plt � \J ►i,vv./,rawrr f -r fMf. -+re•7 UL—ol -1 • - t j BROOKDIALE CARY#M l ll?� - - — — - -, ' .4:u �� H:O t r1 ;4 - B(1WIVV f N CENTE tR>t Blumentals/ ArcMtoctao fie • 3 ol•+r: n+�n; P—J•ct N. A-..1. ty D.t• 91f•!J o.6 D•Sb'la .aeons LANDSCAPE PLAN ' LANDSCAPE PLAN r:� SITE FLAN NOTES ZONING DATA 1 r 1 nor ltw r mmko W" Pont 1 r 1 ( I I. tun uwnNl 1 �,�! /IrMP'W,wIl11!IN 1 nit, r rN$tr ""-W r� 941; M.1.11 ull! Ilr� 1 Ilrt 1 N• /. INIM. 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N• rn wn1, urP t erer i • /rKlfw I•IUt ••r•IW r.1 f+1 4 rw1Y. Kllt. wU M 1 r0 tewtt rw rl. tOtYrl tw � I 1 (P(.{r/ YY /lptl r0 •W Ir. • r. tsr mt: w tanlln ar t mrarn uel w u sew. m :. r e r i.' °r i ii.l.cl BROOKLYN BLVD. nn W UrY Y YPI41. ..rlr tr.w1 r• -r 1 n•-r r rr•.I• BUILDING DATA IrnUl: •rir /rritlU n'-1• I r1••Y IKiM 1'-t• ••I•Ir {••tI W 1 • _ _ _+ h - 111. !i 11.1K • KCUIIl4: r -1• IOer 1141 4 n1 W PIrUr{. Yl •4 ' l; � T -1 N )nU1 ru w w Y1tY1hi. Ii K /aW HILL • 111/Ir •rnr MUIII A Ir wnrr wlw /n.w ..mow Iw wlr t«.4 swl rn .Ktu1K1 -p .Y•11 W ^ •y 1 rrwr• Fa•t w lMr r •r1 s4./r • IOewrwl� Ilr r rw W Ylwlt4/ �Ir1r1 � I 2vKTF OUIp iR- • /•YI4pr w r M /IYrlw ir1. Ur WI rw w I41h1 •d_7y w 11 •� �Y I �• M .114 • •rw r rwPnlri /.w 11 b .4o IIr r'rr•Iw11 • I.'r wun, r w.rr»I mw � n. wetn nllw W b � _ . rrr rwYlw•wF r.r r. n. 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BIMYEY AGTIIOIIfTT . •} j j• ��M rlwY un Iu• w•P +-.w rw w rr. w cl. ratr 1 ' l IIIKIIrw K. rm 11 -IFF W Imtr 1 -1•-r. lwY �r F fC� +-•�- frb( •4-� nr•v+w Ib1 taH 1.1. rllri • rrrtY.r, W. rrr tit-.. _ F" it w n -b w 1► R 1► 1 t �+la �yDAL E �•.•�1{�/w SH Z j V 4W U.M /hfiew -0 -i A4 Bf1Wf�1/nL.G VM fI dd• _ t� {u w : _... t+o now_ -eau r� . se a7 et e : 444 ® w e�1 a:r+c M z -.5 - '= BROOKLYN CENTER, MN VEHICLE ID. I I 1 - uas 2.•v r... s.» REQUIRED 1 It'.�!c I N'•dc VRIVATE R0/1D � Blumantalal 'I ► r '4 � I N•-d�t _ Mkt owy� W. MPIrY VIOLATOR! FINED t'� - t _ - '. � &� • . .. �O�K�S � � I L OF TO $200.00 . MIA YI.711 K IIIS ou -1wa VAN ACCESSIBLE - - '!1f -L Q* S -fF?f - •wlP.lf -i ____. Yaa1 . wt 1•.•°1O •.. _ ••• M1.o 0••,n/r•Iiao vra. , ' . ► I.41L1 Ian Iwt•tstwY Iult10 vrM MIIO /41F11Y. [will rtfr. 4aYC•K rA Woel 04 t - FaLa r1 r c s4 +4Qao a cPln•.o n ra.w s.r t e r SITE PLAN Alligl N.111{R) taM rlTkY I'IUITb VM Ykar Wurl.M ' J� ) 1 ? ACCESSIBLE PARKG SIGN 2 SITE PLAN _ ? il I. pro• -fit I - i tom mKS p Ih . : Town vw [atn nl] ul w.w. I C aa _' Da HD LIlMI� l� L H 7 a rufalttr I � . . q 3 O rrn tul ►�u. p I , N . I 9 I � - �emx. rmsT v..ronw! w.tA!► eta .b rT 7 N — _�� - - - - -- I el+ stinw rnl e oww tirrrtt. , /•� D+► BROOKDALE'GARVASH E ® i BROOKLYN CENTER, MV r,Y 5a lumentals/ "°' `" S.A. . 20 Archltsctun Inc • 0--ft I/I� �1 -enl 'k x eoG. ... [a�i D Vlrcl� rro et xs Dr." y ss v we 5.31 .s4 16e 'O n - � ai-o �I ► ..I.n.s a i l n _ le' -4': - - u ._ e , inrG.u.aur _rmr" u-m __ GtlSj117 G. DI1RDiH4 - ar -e•i law AD ITIOII lbo -o• FLOOR PLAN ' FLOOR AN ' PL CAP � rfwrvnw Hsrrc .. cn.oaco C'. "m a.PCA .sco ►•,.d CA~ AZ-APti .uae . 1 usw ,vclrw.j I tlKiLTW6 w�W�NC. New AVV�naN I SOUTH ELEVATION - BROOKDALE CARWASH BROOKLYN CENTER, bN! rs r+avt ato�nr.4 ; Biumentala/ cW6 E.r — Dl— io kcMbcturn be ''"*' c~. ,w NSA r ->H. Pro ct No. Dr�.w � aV critrtw6 ruu.cwa ww d�ia'urwpc.�.0 RVH ELEVATIONS 2 EAST ELEVATION ' FIJGwNG ' fPGMJ/:M1Ep w irc. WI LPYOttC C�.CIK =rig' ''',. _ �(fiq'll(� 1YL'f/Ka (R•Cf'MG .- I:GtcYfY 71oGlft'LG 1•f.KY�G ,2 F 41 WP4Imny,44 fto 6441ty 1 + NORTN ELEVATION Yti � 1 =d i BROOK CM%OM BROOKLYN CENTER, AN MORA o.Als t i Blumentsls/ "°' `'"' UA. m ArcNtbcten be •••"• `'r' *" I »�,( t lute w -sm ra Mttl w -st. P,.j c< tb. Ms.n (y A. <• crr•u .rtS1 s•al•+rf N!N MO�TIO f ( tMM Uy10h' J [KK T1Nr MJLQHG � •v�sans I mAi /GNX•OIow &U.GV �KAV4( Q11AA69 ��— ELEVATIONS 2 WEST ELEVATION CITY OF BROOKLYN CENTER Council Meeting Date 04/25/94 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE VACATING PART OF A SANITARY SEWER EASEMENT, TRACT A, RLS NO. 1377, 2700 FREEWAY BOULEVARD (FIRST READING) DEPT. APPROV M rk J. alon ity Engineer MANAGER'S REVIEW /RECOMMENDATION:• No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes • ProVest L.P., the owner of the property located at 2700 Freeway Boulevard has requested the City to vacate a portion of a sanitary sewer easement which is located under an existing building. The easement, which was originally acquired by the City in 1973, was intended to be vacated by previous Council action in 1982,. Apparently, the legal description(s) which were used in 1982 to vacate the sewer easement didn't coincide with the relocation of the sewer, and a small portion of the old easement remained in the building area of the property. During the course of routine title work which is necessary for refinancing, the remnant of the old easement was detected, and is now creating a problem for the owner. A map showing the approximate location of the easement is attached for reference. As noted above, it was the intention of the City (in 1982) to have already vacated this portion of the easement. Staff recommends vacating the remnant as a "housekeeping" measure. The private utility companies serving the area will be requested to comment on the proposed vacation, however, no objections are anticipated. RECOMMENDED CITY COUNCIL ACTION The attached ordinance is offered for a first reading. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , at P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating Part Of A Sanitary Sewer Easement, Tract A, Registered Land Survey No. 1377, 2700 Freeway Boulevard. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING PART OF A SANITARY SEWER EASEMENT, TRACT A, REGISTERED LAND SURVEY NO. 1377 2700 FREEWAY BOULEVARD THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That the portion of the sanitary sewer easement obtained by the City via Doc. No. 1103791 described as: A 20 foot wide strip of land, the centerline of which is described as follows: Commencing at the most southerly corner of Tract A, Registered Land Survey No. 1377, thence North 27 degrees 00 minutes 00 seconds East assumed bearing along the easterly line of said Tract A a distance of 284.33 feet: thence North 39 degrees 36 minutes 00 seconds West a distance of 34.52 feet to the point of beginning of the centerline to be described: thence continuing North 39 degrees 36 minutes 00 seconds West a distance of 25.00 feet and there terminating, is hereby vacated. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of Mayor, Todd Paulson ATTEST: Deputy Clerk Date of Publication Effective Date \ l PAL UM, '�Af« , 7 0TH AVE. N 69TH. qV N ---- ----�, y l � - -- ORK y r I r r H z 68TH. AVE. ' `/ m 4 Y' - -- - TNUR R < _R R � - U) LA. , ' 11D 11 POR O EASEMENT NO. 110 791 67-r `r 'TO BE VACATED r Cam, Ty A ✓E OUARL S RD -- 6 6TH - N. n \ �i 65TH. AV PEQ A POE D N m ; •`,�; ` Y,��: ♦,�. 0' H NRY D. o ff' ♦ \ T : PAX , �,, •,�, , , crvrc AVE. N. 63RD AVE. _ N. X k, >: �< X �X < .. __ - �o X %`. ,k : < X ♦�: <� �' <� �% <' CITY �`„' �x' I ! ��� i ��� HALL -w N HASH RD. , .. ♦x �✓ q - , . ♦ , , ` Y x ` w D HENNEPIN CO. I. CITY OF BROOKLYN CENTER Council Meeting Date 4/25/% Agenda Item Number • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LEGISLATIVE UPDATE DEPT. APPROVAL: /7 Gerald G. Splinter, City Manager' MANAGER'S REVIEW/RECONBMNDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached • ) Attached are two League of Minnesota Cities Cities Bulletin's dated April 8, 1994, and April 15, 1994. Also attached are the following materials: several newspaper articles relating to Representative Myron Orfield; a Saint Paul Pioneer Press article dated March 20, 1994, and titled "Combatting Trouble At Urban Core "; a Brooklyn Center Sun -Post article dated April 13, 1994, and titled "Governor says suburbs need to unite "; a memorandum from Metropolitan Council dated April 12, 1994, regarding City Licensing of Rental Property; a North Metro Mayors Association Resolution: Legislative Initiatives for the 1994 Session; and correspondence from the Highway Construction Industry Council. RECOMMENDED CITY COUNCIL ACTION Review and discuss the attached documentation. R cc Cr mo > u c r�,L Housin Orfield may be losing support in own party,,.,. ycc_u..:oo c " = o _ ti E Continued from page IB The compromise also recognizes that "= o > u � � � � � �• c besides IR opposition, support for r. o each locale. The council already is Orfield's proposal may be slipping Noma ■� _ y c u _� _ compiling profiles of the low- and among some DFLers. "I can spend,. n z„ ti >• moderate - income housing available all day with this on the House floor,",. - v • - o — ; c in each city, but isn't setting goals. said one such opponent, Rep. Tom ■� o LE -E 5: n Osthoff, DFL -St. Paul. If passed, Or-- of v c t T 0 "I think we're going to go ahead and field's bill would set goals by next _Z; cc c �.= u _ Y •OD o do some things similar to this, year, with the possibility that more Tb _ a o whether this legislation passes or sweeping legislation could be enacted CZ M U c ° o c not," said Chuck Ballentine, a coun- if a DFLer replaces Carlson in the_ c = ° c oo x cil manager. He said the council staff November election. is considering using federal transpor- tation funds that are awarded Some IR legislators, frustrated tha U c h h.G U through a competitive process at the their own approach to the isstit metro level to encourage develop- hasn't gotten hearings, will try to -E = ment of more affordable housing in modify Orfield's plans further on the F ��- v r- E developing s lburbs. The staff also House and Senate floors. Curt John- � �' o E > > •E x U may ask the council to base decisions son, Carlson's deputy staff chi6f. rm cc ° " o -c H ° o R on metro investments in part on af- said, "My impression is that there ti 0 v v o _`o ° V" fordable - housing progress. It also has are still a number of things in whA5 U o • E c M called meetings on housing with sub- [ Orfield] calls a pared -down bill that 0 L � o b ' 2 c n ca "a urban officials. are very troublesome." He cited Or ; � a ,,:: a .o o d h field's criteria for identifying housing_ = cc - y = > But Orfield said the Met Council needs. ism 0 c ° G o :3 s N already has rejected several good Z ° ° n 7 > staff proposals to encourage housing One IR proposal under consideration �. E N - u E ._ o o dispersion and pays attention to the would cut large cities such as Minne,. H > `v >- `� o O° issue only when his legislation is apolis into subunits for evaluation o f v; m o Z � �, -- •- � � pending. Ballentme said the council their housing. Rep. Ron Abrams, IR- M _ = E ° s L is trying to work with developing Minnetonka, cited southwest Minne- c� 5 3 0.5 - . i-- > 3 �° suburbs cooperatively . which he said apolis, where Orfield lives. Abrams' will produce more results than Or- said the area has a population of E 1�_ field's original plan would. He said 50.000, average household income of - ■ o u- cn o O a� Orfield's latest version moves toward $60,000 and only 16 subsidized hous-' cC C w r. . a middle ground. ing units, figtges he said wouldn't-be ° Y tolerated for a suburb. =n u�w�eau c' _ ■ _ r �_ C CL — o c � E- 7i v C 00 CJ CZ Y E i= = i = O F v 57 E r O v v L" U. < RONALD D. C LARK l./ -7-q for pulling strings with House Speake� r y Iry Anderson to bypass a committee Os thoff chairs with the elected Metro Coun- cil bill. "That caused me a lot of disrespect for e lathe bullies attack the messen r . � ge Myron," sthoff said. r, Later last week, Osthoff said he had an angry confrontation with a rou of min - g P Ignore the message about urban llls isters from SPEAC over some of the same issues. "I lost my cool," he said. et me apologize to all the legislators. "It was like selling NAACP member- As for the confrontation with Orfield, at the state Capitol who control their ships at a Klan meeting," said Yusef Osthoff said he later "apologized to the K" tempers when under stress, treat people Mgeni, president of the Urban Coalition, committee for my behavior. I was not with dignity, focus on public policy ques- one of several citizens who watched the proud of it ... We tions and not personalities, rise above proceedings in astonishment. have to start treat- petty slights and misunderstandings, and Erhardt and Abrams come from south- ing people with dig - v in general give politics and elective of- western suburbs that have been con- nity and respect." I flee a good name. cerned that Orfield simply wants to push hope Osthoff meant This column should be about you. the poor out of core cities and into their what he said. GE ED TOR There should be more of you. communities. That's a mischaracteriza- x M '> Orfield is an up- At the same time, there should be few- tion of Orfield's intent. start reformer, as er rude and abusive displays of conduct After Orfield finished resentin his _ , i : noted by reporter P g on Orfield like one that occurred at a House Tax bills Erhardt referred to the isla - � Linda Fullerton in Le :.. Committee hearing g ng last week. It was as lure s policy of letting witnesses testify her profile of the 32- treated as close to a legislative version of caning as first who have come the farthest. He year -old, second - 1 riah b y a Orfield I could imagine. wondered whether anyone had journeyed term legislator else - The occasion was testimony by Rep. from Russia to speak for Orfield's ideas. where in today's pa- ndful of Myron Orfield, DFL- Minneapolis, on two Through it all, Orfield remained com- Per. Reformers run into resistance in a lators who bills seeking the removal of barriers to posed and restrained. variety of ways. It was dp front and ugly affordable housing in the metro area's "Obviousl, there is an awful lot of bad last week. o y nstantlY wealthier suburbs, and providing a pool blood between some on the committee But while tempers flare, attention infdrru his of money to accelerate construction of and Orfield," said Lyle Wray, executive wanders from the larger issue. This met - such housing. director of the Citizens League, who ob- ro olitan area like m n others before presentation. Orfield was treated as a felon, a ari- served the sparring before testif in P Y a P P g Y g sliding dap Brous slope that ah. A handful of legislators on the com- the bills. "It was not a Very impression it, follows is s llows fro down a m concentra gng too many of mittee constantly interrupted his presen discussion of public policy, but tempers the region's poor in too small an area in tation, made catty remarks, questioned are pretty frayed at this point." the center cities and first -ring suburbs. his motives, heckled and insulted him — Osthoff, who knows how to bully and , ± and generally behaved as politely as the intimidate with the best of them seemed Orfield has plenty of company in docu- crowd at a professional wrestling match. especially determined to push Orfield menting that slide: the Metropolitan No, I take that back. That's an insult to around. His actions were peculiar be- Council, St. Paul Planning Commission, professional wrestling fans. cause he counts himself a supporter of Citizens League, national expert David Chief miscreants were Reps. Tom Os- much of what Orfield is trying to accom- Rusk and others. thoff, DFL -St. Paul; Ron Abrams, IR- plish. Orfield's critics — from Gov. Arne Minnetonka, and Ron Erhardt, IR- Edina. Osthoff later acknowledged he was get- Carlson to legislators from the southwest Vice Chairman Ted Winter, DFL - Fulda, ling revenge. He had been grilled espe suburbs — should devote less effort to ;?` had his hands full trying to keep any cially hard a few days earlier, at a dis- pummeling Orfield and more to advanc- semblance of civility and maintain deco- trict endorsing convention, - by several ing their own vision for saving the metro - rum. At one point, he and Abrams shout- members of the St. Paul Ecumenical Al- politan area. There is trouble at the core. 4 ' ed at each other — Abrams suggesting liance of Congregations. They wanted to What are this Legislature and this gover- '., that Winter was running a "kangaroo know why Osthoff didn't support an Or- nor going to do about it? If the answer is court" and Winter telling Abrams he was field bill to elect Metro Council mem- nothing, there will be a lot of explaining "out of order." bers. Also, Osthoff was upset with Orfield to do. 12A SAINT PAUL PIONEER PRESS PETER B. RIDDER Publisher /President WALKER LUNDY Editor /Sr. Vice President , LETn RONALD D. CLARK Editorial Page Editor KEN DOCTOR Managing Editor _ STEVEN DORNFELD Associate Editorial Editor we-i. — your / 7 residence an0 BERNARD H. RIDDER JR. Chairman Emeritus ieners underz om a n T roubl e t �.,�. .. U rban ��,I�. The challenge is to provide more affordable suburban housing while there is still time. F rr(� p first the cry went out, "Break By RONALD D. CLARK will be healthier when all cities and sub - F00 S T4. up the Yankees." Then they urbs — most especially those in the turned their sights on Bell EDITORIAL PAGE EDITOR wealthy communities southwest of Min - Telephone. Next, the Soviet neapolis — provide a fair share of the Union. Even the inseparable metro's low - income housing. They should Bonne and Erickson started to be told by the Metropolitan Council what come apart. — within those regions. We've learned their fair share is, given timetables for Now, it's the poor. Concen. about ill effects that concentrated pover- making progress toward meeting those trations of poverty, we have ty has on children's education, on the goals and lose local government aid pay- decided, can be detrimental to - motivation of adults and children, on the ments and permission to increase sewer ■To_encourage a region's health. Break them economic health of nearby businesses. access if they fail to comply. He also broad -based up. We've seen correlations between levels wants to set up a mechanism for regional cooperation As an enlightened society, we accept a of violent crime and concentrations of collection and redistribution of property among the metro duty to provide routes for the poor to poverty. We've understood the subtle and taxes paid on expensive homes — those area's suburbs escape their poverty. But is part of that not -so- subtle ways that forcing the poor valued in excess of $150,000. and core cities is duty an obligation to give the disadvan- to live in core city housing can also pro- ■ The IR legislators' approach: Reps. one of the taged a chance to live in any community duce racial segregation. We've watched Tim Pawlenty of Eagan, Todd Van Del- Pioneer Press they desire in the metro area? And if the growing gulf between where the poor len of Plymouth and Ron Abrams of Min - Editorial Board's there is such an obligation, how vigorous- live and where the areas of greatest job netonka propose a plan intended more to Focus goals for ly should it be pursued? Should communi• growth are in the region. We've seen lift people out of poverty where they now 1994 ties that resist be coddled and cijoled to research that suggests that life in better- live, rather than to transplant them. comply, or threatened with punishment if off suburbs has a way of lifting the poor Their main emphasis is on creating and they don't? without pulling down others or merely retaining low - skill, entry level jobs in the Those questions are at the heart of a spreading troubles. central cities, though they support a vol- continuing and intensifying public debate, We've watched the development of a untary pilot program in Eden Prairie to now playing in Act II on the stage of the range of potential responses. The latest provide state housing assistance for as Legislature. The questions — and wheth- came last week in a comprehensive and many as 400 low-income families. er and how Gov. Arne Carlson and law- stimulating report from the Citizens ■ The Carlson approach: Without fan- makers resolve them — have significant League, as well as recommendations fare, Carlson has begun advocating a se ramifications for the future health of the from a task force appointed by Gov. ries of modest actions that offer assis• Twin Cities metropolitan area. Carlson. In February, the Metro Council, tance and incentives to communities The Bible says the poor shall always author of a 1992 research report entitled willing to attack poverty by providing be with us. But it doesn't command us to "Trouble at the Core," produced a set of more affordable housing choices. While rope off the poor from the middle class proposed strategies under the title, backing the IR suburban legislators' bill, P and the wealth .Yet, throw g h a combina- "Keeping the Twin Cities Vital." he also is seeking 100 additional federal Y • � .lion of deliberate ` Now, the challenge is to agree on a set vouchers to het low- income families h rate and unintentional ac- , g 6 P lions, that is what we have managed to of actions and to get moving —while move to better housing; approval to offer - do. there is still time for the Twin Cities to matching funds to cities (especially St. We have largely penned the poor in the avoid mistakes of other cities that faced Paul and Minneapolis) to remove blight- region's care. And we have watched that similar trends years ago. Those clues, ed and decayed residential structures; core deteriorate, and consume more and like Detroit and Cleveland, were para- measures to lower interest costs for more public dollars dealing with the lyzed and didn't respond soon enough to housing and redevelopment authorities; ■ To, obtain problems that take root in such condi- avoid catastrophe, from which they are and a mortgage assistance fund of some copy of the tions. still trying to recover. $30 million to aid families in moves that Metropolitan Through efforts over the last two years In recent months, there has been prog- improve the racial balance in schools. Council's report, of Rep. Myron Orfield, DFL- Minneapolis, ress here. You can see it in the growing Curt Johnson, Carlson's deputy chief of "Keeping the as well as the Metropolitan Council and acknowledgment that the trends are omi- staff, made it clear that Orfield's style _.Twin Cities others, the Twin Cities area has received nous and require action. and approach have become a major im- . Vital," call an intensive education about the evils A year ago, Independent - Republicans pediment to reaching an agreement. "We •`'291 =8140. and destructive potential of allowing — including Carlson — found themselves have consistently rejected his measures such patterns to continue. on the defensive against the determined because they seem to concentrate on -rf•To order a - We got the facts. We have been told efforts of Orfield and others to force pounding people on the head, and assum- - eopy of the that poverty is deepening in the Twin suburbs to build more low -cost housing. ing no one is willing to do anything unless `• itixens League Cities area (though the rate is still lower Orfield — aided immensely by leaders of forced to do so," said Johnson. He also 1 'report on than the U.S. average); that 74 percent of older suburbs seeing some of the same objected to what he said is Orfield's ten- housing policy, those living here in poverty reside in St. signs of decay as Minneapolis and St. deny to label his opponents as racists :ea11338.0791. - Paul, Minneapolis and their older, first- Paul — secured legislative approval of and bigots, and to engage in theater on tier suburbs; that half the region's poor his initiatives, but was greeted by Carl- the issues. ' id To reach Gov. live in a barbell - shaped section in or near son with a veto and a refusal to negoti• Orfield's bills are moving through the Arne Carlson's the two largest downtowns and in a nar- ate. DFL- controlled Legislature, but he antic - 'offlcb, call row strip that connects those downtowns; This year, Orfield is back — with his ipates new veto stamps by Carlson and is 296 -3391. To that people of color in SL Paul and Min- preference for mandates, deadlines and frustrated by what he says is Carlson's reach Rep. neapolis are more likely to live in pover- penalties, plus a few new twists. Carlson unwillingness to negotiate with him. "The Myron Orfield, ty than in any of the other 25 largest and three suburban IR legislators have governor's office is not being genuine in • tail 296 -9281; metro areas in the country; that the in- • pursued a new strategy. Tired of being on its efforts to resolve this," he com- Reh: Ron .. come gap between cities and suburbs in the defensive, they have decided to sing plained. "I have said to Curt 100 times — "Abr9ms, this region is growing. from the same song sheet as Orfield any regional system that has resources 296 =9934; Rep. And we've received warnings. We've about the danger of growing pockets of and penalties we will accept. They won't , Todd Van Dellen, been told about direct correlations be- poverty, but they part company when the talk to me." - 296 -SS11; Rep, tween the economic health of metropoli- music reaches the chorus. Listen to the "I would like to be calmer and more -"Tim Pawlenty, tan regions and the extent to which the differences: complacent about this," Orfield added, '296 4128. poor are dispersed — not concentrated ■ The Orfield approach: The region "but I don't think there is time." Brooklyn Canty, Brooklyn Palk Sun•Post /Wednesday, Apr9 13, 1994 12A Governor says suburbs need to unite By Parker !lodges [Powell answers] We have recently and Jay Maxwell done a poll in which we will be releasing Staff Writers very shortly to the press and that in- dicates a very strong support for high, Dressed in a bright gold University of — rigorous standards for graduation. It Minnesota cardigan sweater and also indicates strong support for com- necktie, Gov. Arne Carlsop situated Q 1 1%= ArOneCarilson petency testing. himself the executive chair of his cor- More and more, people are understan- ner office in the state Capitol. ding that OBE as a strategy is not a part ` A His two aides were nearby in dark piece of the total revenue or expenditure of anything we're mandating. In fact, three -piece suits. stream. So if you're a mayor of a town and I believe it was 1988 or 1989, the Linda Powell, Minnesota's commis- and you get back, let's say for the sake state, in law, prohibited mandating any sioner of education, was also present of discussion, $400,000 from state aids. specific instructional strategy. and was asked by the governor's staff to You tend politically to support a system It's up to local districts to determine J field questions during a March 29 inter - that gives you that $400,000. In spite of what they are going to do., view with Sun Newspapers. the fact your community may have paid [Carlson continues] You see, what's The governor talked at length about $15 million to get that. happened, and it's kind of unfortunate, an array of issues on the minds of Twin And that's what needs to be turned and I may be in error as to how it all Cities suburban residents. Here are the around. started, but it has become part of a na- highlights: What the suburbs have not done is tional network of talk shows. Bailing something they have to do, which is to against OBE has kind of become Question: A lot of suburban residents form a bi- partisan coalition of voguish. [IR gubernatorial candidate] voted for you in 1990 and their votes legislators to represent their interests. Allen Quist has been railing against were pivotal to your winning the elec- And until they do that they will not OBE. lion. Do you feel you will get that same have the [clout) that's commensurate Whether or not it relates or even per - level of support this year? with the rural or two big cities. tains to Minnesota is not what's being discussed. There is this enemy called Gov. Arne Carlson Answer: Well, I certainly drink so. Q: Do you see that happening? OBE. All we're doing is taking the state out of the business of telling teachers Q: Why? A: It has to happen. It has to happen. 'how to' and focusing on what kinds of history and the suburbs were really th Linda, [Carlson turns to Linda Powell, results are the districts giving us. last to come into the power block. A: I think what they are interested in is Minnesota commissioner of education], I'll give you an example. We're told the same agenda that we have here. where in 1990 the big fear rural Minnesota ha( sure can tell you story after story that when students were surveyed at our When there was a reshuffling of power Which is one, to contain the growth of whece legislators will sell their district community colleges here in the metro was that the suburbs in the cities woult taxation; resolve the financial problems right down the river in order to adhere to area, roughly 4o percent were found to gang up and beat up the heaas. l are of the state with better financial the caucus line. be deficient in math and English. Now g That hasn't happened. Whyl are management and we certainly have suc- that's an incredible remedial cost. there is no identifiable bi- partisan subur ceeded in that area; three, focus on the Q: So the districts and cities need to both Now, we as a government pass laws ben block. creation of jobs and certainly attempt to go from the ground up, rather than ex- on a regular basis that say look, you This is the first time in history that th stem the tide against job lass. pecting change to come from the top have a warrant to a product so if you go rural parts of Minnesota don't have ma And all the reforms that we have in- down? out and buy a car, there's a warranty at- jority control of the Legislature. Bt . itiated, everything from education to tached to that. Why don't we warrant there's very little that brings th welfare ... We are the ones that have A: Well, I think they need to form a sup - our educational products. suburbs as a block to play on thes taken the tough stance on redefining the port bloc. I mean, take a look at the When we give somebody a graduation issues. As a matter of fact, you're har Minnesota Miracle which is very questions you've asked me. Every one of degree, that certainly implies that there put to name one suburban bill. Name punitive toward the suburbs. them is directed: 'What is it you are go- is competency attached to that degree. We knocked off the 3 [percent tier on ing to do for usT Notice the absence of: And yet, what we are finding out, is an one. property taxes] and got very, very little 'What is it that we are not doing that we enormous amount of our very limited if any credit for that. But it was that should be doing for ourselves ?" resources are spent on remedial issue alone that I got crucified on.: When I came out of the Minneapolis education. Q: Another issue that's on the minds c But we succeeded. And that really system as a legislator, I became a I was stunned when I came out here in many suburban residents s affor helps suburban interests. member of the Minneapolis delegation. 1957 to go to graduate school at the And we did not fight between University of Minnesota, to find out that dble housing question in ffi&n Q: Many suburban school districts are Republicans and Democrats. We they were teaching grammar. That was suburbs. facing severe cash shortages, and those understood the Minneapolis agenda and something that a good high school was officials are pointing to the lack of state we went to bat for the Minneapolis agen- no longer teaching. money and manipulation of when the da. We met on a regular basis with our But that's a remedial cost. We keep A:There's a piece of it that I find ver money is released as the reason. Is that administrators, and that's a lot simpler bouncing these people right through the pu zzling , and that is instead of trying t fi because we had one city and one school system. At what level do we represent, rectify the problem, or the causes r district, etcetera, to represent. But we and stand by our representation, of a poverty, the solution seems to be t A: When the money is released? [Aide did do it. certain degree of competency? So what spread it around. Well I find that ver tells Carlson about the property tax And then we formed a bloc with St. Linda says is right. What the public is disturbing. recognition shift issue.) That's been go- Paid. We also then worked within the telling us is one, they do want more The very same people that should t ing on ever since I can remember. I Hennepin County delegation. But in that meaningful graduation standards other- supporting workers compensatic think the problem you are running delegation we did discuss issues that wise our kids can't compete in this new reform, or should be supporting us c across is a whole variety of issues. One were only germane to one or the other. economy. And the second thing they the Target Center, or should be suppoi is the state-aid formula that does There is no suburban bloc. But there is want is more testing, more proof, if you ting job growth, are usually the ont discriminate against high -value an Iron Range bloc, there is an infor- will, of competency coming out. very vehemently opposed to it. districts. There is no question about it. mal network of rural legislators and And I think that's very fair. But we But they're the ones advocating "let And that's determined by the there certainly is a bloc in the two cen- don't dictate to any school district, or push poor people ..." In other worc Legislature. tral cities. any teacher, what strategies. And I just their goal seems to be to make mot Second part is the punishment on the So the one big power bloc is not wish once somebody telling these war people poor and let's spread the: referendum and that also is the organized. And if it were, I think they storieswouldbe challenged. Tosay, hey, around. Legislature, will succeed a lot more than they cur- who was it on the state level that forced And I think that what we're starting Part three is how the entire aid system rently do. you to adopt this strategy? Nobody up do is to challenge them to come up wit works. And all of those are the things we here does, nobody. a positive approach, and what you're g: tried to reform as early as 1991. And that Q: Staying on school issues, there is a ing to do to get at the causes of povert; was a really bloody session. People growing concern in the suburbs that Out- Q: Do you support the repealing of the And yes, part of that solution is for tt forget how much reform was in our tax come Based Education (OBE) is not the sunset of levy referendums? suburbs to do their share. There's t package. That was the one that knocked best way to evaluate student achieve- question about that. But it's got to be off the 2 [percent tier of property taxes], ment. Can you touch on that subject? A: I think you have to do it. Absolutely partnership. lowered the commercial /industrial pro- _ have to. It was one of the silliest things You don't hear, for instance, Nor perty tax rate. It was the one that tried A: Well, our poll would seem to suggest the Legislature has ever done. For the Coleman, the mayor of St. Paul, talkit to undo local governmental aid that quite the opposite. What poll are you life of me I can't figure out what the about the solutions to their problems suburban communities by and large do referring to? philosophy was other than being totally to push everything to the suburbs. Hr not get. And really tried to redefine the punitive. And that does frequently hap- talking about how to economicai Minnesota Miracle, Q: We are just referring to general ... pen here. I would argue that the revitalize downtown. It was a very, very bold venture. Legislature all too often takes a punitive How do we bring jobs iii? He's talkie A: General stories. War stories? attitude toward those people who are about an economic agenda. I find th Q: Has it been successful, do you think? economically successful. exciting. But what do we get out Q: Yes (southwest Minneapolis DFL Re A: ' l think it will be a very slow and very Q: You mentioned that you don't feel Myron 1 Orfield? long process. And it's not going to be A: OBE is a strategy. It's one of many that the suburbs are united in working He's anti every single botiati successful until there is a galvanization strategies that educators can utilize to as one block when they come to the designed to create jobs, and then he s of public opinion. I will give you an ex- accomplish a given set of goals and ob- Legislature, and that they don't there and demagogues about ht ample, even in the suburban com- jectives. We don't mandate a strategy. challenge punitive measures by the bigoted the suburbs are for not ace, munities. Let's say for the sake of 'By we, I mean the state of Minnesota. Legislature. Why do you think that is? ting poor people. discussion, and strictly for the sake of Ourconcemistheresidts. Wewanttobe Why do you think that the suburban discussion, that you are a mayor of a able to make certain that school districts residents haven't done that? Q: if the Legislature passes it again t suburban community and you see your can warrant to us the quality of their year do you think that same thing is job in the context — not what's good for product. A: ] think it's a level of political ing to happen? the entire community — but rather So our concern is one, can we improve sophistication — suburbs are really new what's good for your budget. And and create more challenge in graduation into the overall political equation. The A: Of course. I think 01 r. therein lies the problem. standards? The answer is yes. The poll [Twin] Cities, obviously have a long something to the table. Wha , e go in other words, you only represent a Linda, what was the numbers on that? history and rural Minnesota has a long to do to assist in job growth? %AIN I VAI4 I'll INI ER PRESS 17 _ - .SFCI JON SON 0� I __.___ — ii R PA(i1 :S .-\4ETRO ------------ Urb V isiona l Or Sub urban I I a. t Iw lrt t - l flf'� , : { I #, ' , :L JEAN PIERI/ PIONEER PRESS Myron Orfleld, a high- proflle Twin Cities lawmaker, stands In front of boarded up buildings at 33rd and Nicollet Avenue 5., where he went door -to -door before his first election In 1990. Orfleld wants to rebuild the Inner titles. Rep. Myron Ol field ep. Myron Orfleld, at the tender age of 32, is Minne. sota's new celebrity lawmaker, a Twin Cities liberal with the moxie to arouse working -class DFLers and is earnest, ener get1C outrage well -to -do suburbanites. ,1 Orfield says he can rescue the Twin Cities metro I Chet driving ,Soule area from the decay and intense poverty that's blighted other cities. Today he's leading a grass -roots I f Silburbanites crazy. movement to do it. Although some of his key legislation over affordable housing faces s Why? He plans to a battle this week in the house, Orfield already is achieving some - thing unheard of for a junior lawmaker — a high profile and power II ' base in Minnesota politics. o' share the w oes Of Orfield's growing popularity, after only two (louse terms, not only If stuns Independent - Republicans but also defies 1990s conventional in In - ball fining with thought. III Critelli is the odd duck of Minnesota politics. He's a debater with a Ill the ven people who knark for defining problems and solutions. Ile's also apolitical. 1v, 0, field is as earnest as a Roy Scold and more bookish than charis- thoif they lef matic. A university law professor, he has an academician's reserve. ell At public meetings, Orfield is more apt to give tutorials than tb{ them behind. speeches. Surh traits would doom most politicians. Not Orfield Supporlers believe he's a visionary whose legislation will end rm STORY BY concentrated poverty and restore the working class. They hold civil nit r LINDA FULLERT ights marches and prayer vigils honoring fits bills. ° f N STAFF WRITER ORFIELD CONTM IFO 68 ► fef act 613 SAINT PAUL PI ORFIELD Independent- Republicans, nev M ron Orfield Jr. ertheless, question his motives. Y "There are some who speculate ♦ CONIINUEO FROM I that Myron's more interested in making a point than solving ■ Age: 32. Married; lives in "Myron is a gilt to the state of problem;" said IR Rep. Tim Paw- - Minneapolis. Minnesota;' said Martha Ballou, a lenty of Eagan. "tie's not a veto position: Representative In St. Paul attorney and DFL activ- victim. Ile's a veto volunteer. My ist. "He is the only person with the ron pursues legislation that leads Minnesota House; attorney. depth of knowledge to propose leg- to nowhere." islation for taking us into the 21st Paul Moe, Orfield's long -time century." friend and campaign treasurer, ■ Bachelor's degree in history has a different perspective. He be- and political science from the Delights in controversy lieves Orfield is on a mission. Critics consider him a heretic "Myron has a greater objective University of Minnesota; who would bring crime and unrest than getting re- elected;' Moe said. graduate studies in American to peaceful suburbia. "Certain people work hard but history at Princeton "I've been to public meetings they're not terribly inspired, My- University. where people are so hostile I've ron is capable and bright, and he rt taw degree from University worried about getting to my car also works hard, extremely hard. warded a safety," Orfield said of his detrac. Ile will keep hitting his head Ton of Chicago, PaUno 1987; 1987; a for tots. against a wall until it falls down." Y P "People say, 'Myron's trying to Orfield's perseverance usually academic achievement and move the Gary (Indiana) ghettos pays off. leadership abilities. to Chanhassen. Tons of black peo- In 1986, while studying law at ple will move to our communi- the University of Chicago, Orfield ' ty,' " he said. "I respond to them, spent six months in the field with N Elected to the Minnesota 'Your comments are reprehensi- narcotics cops for an article on House in 1990 now serving ble. Even if I wanted to do what the search - and - seizure rule. His g you're saying, I couldn't. This re- published findings, including anon- second term. Committees: gion is only 4 percent black.' " ymous interviews with police, fas- Taxes, Environment, local As for Orfield, he is most re- cinated legal scholars and gained Government and General laxed while the critics are attack- Orfield publicity in Newsweek, - Legislation. ing and the advocates rallying The Washington Post and Village E Adjunct law professor around him. Controversy seems to Voice. J P delight him. He was 24 years old. since 1991 at University of "I'm pleased and surprised at Four years later, Orfield used Minnesota and Hamline the response to my bills," Orfield the same strategy to win public University. said in his understated way. "Only office. Ile spent months talking to in a reform state like Minnesota voters. ■ Special assistant attorney could there be such momentum The son of an insurance agent general; civil IldgaUon, for change." and the youngest of six children, 1989... Orfield's winning strategy is to Orfield lived in a neighborhood not a Bradley Fellow at Center avoid personal attacks but engage far from his boyhood home. for Criminal Justice Studies, In fact attacks. Orfield arms him. "Someone on every block knew self with a personal computer and one of my relatives;' he said. But University of Chicago Law easy- to-understand maps he devel. the odds were against him for win- School; 1988.89, oped with his own money. He has ning. He lacked a platform and ■ Law clerk to Judge Gerald 300 of them. The color maps illus- faced a better known IR candi- W. Heaney, United States Irate the spread of poverty from date. Orfield visited every Court of Appeals for the Inner cities to inner suburbs. house three times, timess , and asked vot- E The maps, using government da- ers their concerns. girth Circuit, 1987 -88. ta, track the decline of the urban He got to know people In his '® core and older suburbs and the district. And they got to know him. I've been to public meetings rise of affluent outer -ring cafes at Orfield linched the election. mainly Republican districts that And ideas he touts today for re- - where people are so hostile draw billions of dollars for new building neighborhoods and ending I've worried about getting to highways, new sewers, new class segregation are based on my car. Peope say, 'Myron schools. The colors show how the those early conversations. trying to move the Gary plushest suburbs generally have (Indiana) ghettos to the lowest tax rates and the abili- Raw politics at its hest Chanhassen'... I respond to - ty to exclude the old, the unem- Today Orfield's mission is far them,'YOUrcommentsare ployed and the needy. from over. His entire Metropolitan Community Stability Act faces reprehensible.'" Persistence prevails enormous opposition, and some IR Orfield's solutions are decep• lawmakers accuse him of labeling PIONEER PRESS lively simple: Spread property -tax them as bigots. The charge seems wealth to blue- collar suburbs, poor to unsettle Orfield, but only for a cutting edge of policy," he says, city neighborhoods and declining moment before he launches into a "They arouse strong feelings and inner suburbs. Let low - income long rebuttal. powerful allies." housing into rich suburbs where Orfield is undeterred. Adds Orfield: "This is basic raw there are plenty of jobs. "These are difficult issues at the politics at its best." Orfield uses the maps to aggres- sively promote his Metropolitan Community Stability Act the way a door -to -door salesman hawks his gadgets. He travels from civic group to church group to neighbor- hood meeting patiently explaining his theories on poverty and exclu- sionary housing laws. "This issues hinges on grass. toots support;" Orfield said. "Ev- erybody says the suburbs are tak- ing over America. But the suburbs have different interests, and the cities and suburbs can form coali- tions for change. If we don't en- gage everyone, we are going to sink." Orfield isn't satisfied with per- suading people to support him. He . converts them. No matter how skeptical listeners are, Orfield perseveres with more maps, more data, more explanations. His de- tractors tire, retreat and devise new assaults. Orfield, the Energiz- er Bunny of urban policy, keeps I going and going and going. "H you're right and you're per- sistent," Orfield says, "you will prevail." More practically, Orfield says, _ "If someone raises 25 questions, 1 quietly and steadily answer each one. Pretty soon there is none left. Whatever the concerns, I respond. I tell people, 'Please come back to me with more.' " Door -to -door Orfield's ceaseless campaigning attracts attention. He recently won a large book grant. Weekiv P. 02 METROPOLTI'AN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55141 612 291 -6359 TDD Sit 291. -090' DATF: April 12, 1944 TO: Metro HRA Advisory Committee FROM: Thomas C. TvIcElveen, HRA Manager SUBJECT: City Licensing of Rental Property BACKGROUND Recently we had a situation where a city l icense was being required by the Columbia Heights HRA staff prior to beginning Section 8 assistance on rental units in their community. The particular case involved a property t1Lat had passcd the Section 8 Housing Quality Inspection and was considered rent reasonable. The owner of the property had not complied with the city's rental licensing requirements and the HK-A refused to bcgiu Scction 8 assistance until the license was obtained. 'Tile attached letter from HUD indicates that they arc nut !II, favor of the City or Metro HRA enforcing such licensing requirements because such requirements may "unduly restrict" the choices of Section 8 participants. 14UD also speaks to the need for a housing auth ority to g ct their ap bcforc additional program requirements are to be applied in the administration of the program. HUD's position at this time is that "the current practice of requiring properties to be licensed iti Columbia Heights must be discontinued." An issue that is not clear to ttte is whcthcr or not the owner in the above situation meets the requirements of an "owner" under federal regulations. 24 CFR 882.102 defines an owner as "any person or entity, including a cooperative, having the legal right to lcnse or sublease existing housing." In this case, under city ordinance, "no person, firm or corporation shall operate a rental dwelling in the City without having first obtained a license..: 1'o get a license an application must be made to the City and the unit inspected, And found to be in compliance with the [housing maintenance] code. In the absence u!: a licensing rcquirement, it is our practice to enforce only the Section 8 Housing Quality Standards, not a local housing code, in determining a unit's eligibility for participation in the program. HUT] will be asked to clarify whether or not an ow ner in C�olumhia heights who does not have a license as required by city code is an "owner" under the federal regulations. It would be helpful to have the members discuss this issue and how it might impact communities you represent. Depending on HUTD's position, there may be broader implications regarding the dd,itinistration of the Section 8 program in the region. G*A.b,. Is P.03 t 11 1{t i er,d tirbttrl Duval �p te� U.S. Department of ;ions ng '*ctUeN °'ti U.S. Uepartmeurt of Housing and Urbal nautiop ertt ° Minn•AP0lls- 1 Rr.P�U 1 office. Region V 220 Second Street South Minneapolis, Minnesota 55401 -2195 °A �tN DLrt• MAn a 1 094 Kathy Kline, Program Operations Supervisor Metro HRA NAR Mear.q P Centre 230 East 5th St re et �i' "�j�{� j j.ji,/�, St. Pa,ll , M14 55101 Dcar Ms. Kline: Subj cct : City Licensinq of Rental Property It recently name to our attention that a city license was being required by the Columbia Heights HRA staff pLior to bcginning Section 8 assist:arnr:e on rental units in their community. The particular case involved a property that Clad passta the section s IIvuSZng Quality InspPrt.ion an was considered rent reasonable. There were no Section 8 program inpediments to beyinni.ng the the owner of th property, s S ease and Section However, a duplex, had not yet complied with the city's rental li cep„ =ing requirements and the KRA re-flSP -d to begin Section 8 assistance until the license was obtained. This practice is problematic for a dumber of reasons. he HF additional Section, 8 requircmen.ts sho»ld be adopted by t board, -in this case the Metro HRA board, and submitted tc IIUD for approval. Our approval is baocd, to a. large extent, on a determination of whether the r d� u t i c�pa to) No woul F t n "un al I was the choices of Section a ement. in this case, obtained for this addit nolproh bit'cd om into the r - bc a non section 8 renter gaffo penalty for doing so. Thp u11 cer,�ted property and would er n OIRted Ci t , s enforcement is ag of an unlicensed property.v, in be M' 119 crdiliance, not an occupant the an enforcement arm for ri 8ert ci t HRA h as cXtG n addition to exceeding the ardi.nanr.t? to Sect. program requi may put the HRA 1.0 "vio lation of stare fa houoing law prohibitinq discriminati based on receipt of public assistance. itq There are other ways that the t g `d rovide high quality pdrtnezahi.p with ci ty govewnment in working to t a policX that it_ rental housing. For example, the HRA mpg p s o f p will. providc the city with rmineifthe property is licen_ocdrand, (RIAs) so that they can dete if it. is note, to take ner.PssaeY StePs bSec "tionnl8 Lenanta of addition, the HRA could advise prosp unlicensed propertico about= the possible ccnceg ence O f c hop i to live in such properties. The IIRA could also P rovid e on the•licensitly pxoccrc to l;r,.ndlcords in their per iodic landlord worlcsi or in their landlord handbooks. P.04 U.S. pEpartlttant 01 tNOUS arid Url)nn Qowalopmont «�ruEkr uM a� * !I 1 �4 * u Mitlntbputis vt r'aut Olfica, R9jinn V 22o Seaand Street South { t fv{innanr)otie, Minnesota 56401 -V95 X4 4 Lr yr I hope this helps clarify our position. The current practice of Lequizing propert'" to be licensed in Columbia Heights must be di We w ould be happy to discuss this matter further wi. Gh y vu or with Columbia ;eights. If you have any questions please contact Betty ,ones, 370 -3195. Very S ' nC er� y�,YOurs, Dan L ars n, Director Public ' Housing Division North Metro Mayors Association Resolution: Legislative Initiatives for the 1994 Session March 31, 1994 WHEREAS, the North Metro Mayors Association is comprised of the following cities Andover Anoka Blaine Brooklyn Center Brooklyn Park Circle Pines Columbia Heights Coon Rapids Crystal Dayton Ham Lake Minneapolis MCDA New Brighton New Hope Oak Grove Robbinsdale Spring Lake Park WHEREAS, the North Metro Mayors Association, for the past two years, has aggressively worked with members of the State Legislature to address the problems of the North Metro area, and WHEREAS, Representative Myron Orfield has provided the initiative with his in -depth studies of the area's demographics, and WHEREAS, this data provided the basis for his legislative initiatives he introduced and pursued during the 1993 Legislative Session, and WHEREAS, the North Metro Mayors Association, in 1993, unanimously supported Representative Orfield's legislation of Comprehensive Choice Housing, Transportation, and Agricultural Preserve, and WHEREAS, the above referenced bills passed the legislature however the Governor vetoed the Comprehensive Choice Housing and Transportation legislation, and WHEREAS, Representative Orfield re- introduced the Comprehensive Choice Housing and Transportation legislation in 1994 along with initiatives to provide communities with additional resources to address their housing needs which includes - but not limited to - the problems of blight and housing in need of rehabilitation, and WHEREAS, Representative Orfield's method of providing the additional resources is by capturing the value of higher priced homes and placing the generated funds into fiscal disparities, and WHEREAS, member of the North Metro Mayors Association have expressed concern with using fiscal disparities to address the housing issue - as it could lead to negative tampering with the program and WHEREAS, there is concern of its affect on the tax base of a community, the county and the school aid formula, and WHEREAS, there is concern as to the fact that this legislation would be retroactive rather than proactive, and WHEREAS, the North Metro Mayors Association realizes, as an organization, that the ramifications of this legislation will impact each member community differently, and WHEREAS, the Association also recognizes the need for additional resources to meet the housing needs of member communities and that most cities in the North Metro area have a diminishing tax base. NOW THEREFORE BE IT RESOLVED THAT the North Metro Mayors Association takes the following position regarding the aforementioned legislation being considered in the 1994 Session: 1. Support the Comprehensive Choice Housing legislation (I-IF #2171), including any penalty provisions, 2. Support the "Full Community Access" Transportation legislation ff 92173) and the Metro Manifesto relating to trunk highways 610, 10 and 100, 3. Support housing fund legislation which would not create negative effects on the housing development or the tax base of the North Metro communities, 4. Support an fundin which directs production of affordable housing, Pp Y g p g� the following provisions as per Mayor Edward Erickson (member of the Govemor's Task Force on Metropolitan Housing Policy): a) Affordable housing, multiple or single family, should be "scattered site" housing b) Development incentives should be allowed to write down the cost of the land and the installation of utilities in the more affluent suburbs c) Require developments to contain a minimum of 30% of affordable housing with the remaining portion be market housing when using any governmental funds or development tools 5. Support the Sustainable Development legislation (H.F. 92126) which establishes a task force to study State land use planning, 6. Appose any changes to the current fiscal disparities law, 7. Urge the members of the legislature and the Governor to come together, in a bi- partisan effort, to resolve these issues during the 1994 Legislative Session which are urgent and necessary to the well being of the citizen's of the metropolitan area. Recognizing that if the divergent parties can come to agreement, the Association would accept such legislation as long as the goals address the housing and transportation needs of the North Metro area. l S +F t Y. y F. , r s f y z$�N �' "k .F ��� '"* - h ut ��., J' • `}t - ,�K 't�"' '3��,� M ' - ._ �` '� ;' �„ `.�,' '. � ,j� 5 �(�'�3.+, k l _ # � y _ .._ r ��' l� � � `r`i✓s^ � a: 1 :;N �S�.d W, �'Th Y)! � � ,-R� . � '�ti? r �br- -�. 7 � ry •1 + 4�,rer � �+a ^a �- a � � � s. a �: : 6Q A T r 4 .L` M1r' y6i QAT ns f x ' p 6 t - ' are cro ncr:�3uner k t szt Y * } ernor dm x eW the gov as t e' s ;a`� problem and 5 tie s 'suggested bonds xepaid ;from, the ethanol ` credits ito ° get some sadd tional con.stru'ction activlty,,�this.� year. and next year. h '.. f`. . ?, #' � �.` � X bi 'L }Mt R. Democrats :correctly say ,- that's 3ust a stop gap We need a long term an swers Trans : lt interestss lay nothing for hghwaysj�tinless transit:` receives aguaranteed funding source t1 > z t- .^ heard about an$ answer arld we ' re = hoping you man support .. t�: a , f_ v (OVER) UL .�.•_ ^.,41 - t,::; « - r'�..:�5'' nn u� �f z:. api g:c�<:e+ --,« .s .;i• � ' y `' "k, s �. K�r�y9 �.. � t y 3sti� },-�� tJL � 1�"�rMW� ���•� .. •, �S � • � y Z • rh,. +. x 3, �-v ' N t "Sr.'F� rr,`,"v '4::'' x a r .w_ -'� r` : � r r• y ; :y? .r �ai� i 3� g�g M �� i �� t a ��: t r�� � � * ?���x "ass ,",- "'� ,3 �." � .• "'� "� �: �� � k� , r �.,` `€ M�s�ta.i . . ? A c t >itu iona;antendment�1�wY�zch� allows �^ 4 ��� x S . !"X'f �'_ `- ,Or y"„�f i:6 !'M! h for : �indei�g art s ��t ohs y+ a uses the't s) k#' „ t..'^.." .f- a ' �gt�a #is r ion r tam w aesvw "� r ondY r t � not a t q.. `' : scr s Sal • r y`.s1` 'ii::ir v'SrsS �. .3'"r s ".'e, .d '% r Y t,a > ' ^#3 ,, tr ,. +r .. - a v � �ir • "3.+ t�, ,= ,'�• xSwb"�'fY�� F 1 t� s �` r° � s t < ..� +B*'�4'�17, �� e ��nthat � �o �� �1 � � . f� ��� • ' ,�'t?' r J s Yt "�t,+rktd' . ;�" i• •Zy�� " F .t ha e n . '� ` :'5�'t pp` �r Y .� • ,.w f X �^... -. •. .-qtr � � ; +��� �' 'r # sf J rx w s� t� Mi *i' _—, t'Y"`,.r' �#r'/ ,•}i`a A. .; s'71. r , k 'rtlA.;v ;,. +�. .. .:. xxra tY yk."v".3�✓�'r'l e3 "5'. vt.�'if FF }+^`,,4 FEx a `.C�'+ rr. y 2 In ;th e same cons ♦ t ti aFar al amenamen,t � � dedi cafe }y# _` .. p :✓ � Wwd' *}r" •x, �-r^. .. %: - � t ,t I t x.s. a on T,< motor �vehic r a >kk3t• ^0.:1: f , w , e • . erests tom, r ��o � �' �" s aY, i,a�`��1!' '.r� '4x'�� � r•!.. � s•''^i irt, thaveX basic { '!xYi."+. ^'a•%�lIw"t� #`V ^; • tf�"� a r r operating money a eachzear. �} , , 3 .. A short :;term bond which would ,xput at least $50' million - on highways F this ;year. r_ The governor can't veto constitutional _ amendment s . And : our :organization . will j o in • ._ . transit.;,-interests,,-: , promoting .,the, ` amendment to he. voters Please Help Us Out of he Box! We're c desperate. our industry is in. - rises. So are our roads. League o Mi nnesota Cities Bulleti -- -- - - -- -----.--.--.----- . - -. - -- Number 10 April 8, 1994 House and Senate move quickly on tax bills Cities not a high priority in either bill Gary Carlson son and Sarah Hackett leavin g no gr owth for 1995 or 1996 aid Capitol rumors... to cities. The House and Senate Tax The House bill would likely avoid Governor Arne Carlson said Committees will put their final touches any city aid cuts in December. To do on Thursday he will veto any tax on their respective tax bills on Friday this, the bill would carry up to $35 increase again this year. The House and Senate tax bills will April 8. The full House and Senate million of the trust fund deficit forward likely will most likely include tax increases that t ikely act on them sometime into the next biennium. This eff y at ec - duri n t could trigger gubernatorial v n he week of April oval eto. p 11. Although tively uses a portion of the future trust gg g If that happens, there may n bills contain some favorable city fund revenue growth to pay for the pPe � y of be a both 19 tax bill. � nwisions neither r . c are, on whole, current shortfall. particularly heneficial for cities. Although unlikely, the House Without a tax bill, the $29.5 provisions could still result in Deccm- million trust fund shortfall would House tax bill result in automatic cuts in city ber aid cuts. If sales tax revenue The House bill would freeze future growth estimates go down or if the cost LGA and HACA in December. Watch the Cities Bulletin for local government aid and homestead of non -city trust fund programs exceed and acrricultural credit aid (HACA) current estimates, city LGA and HACA more information. funding for cities. Although local gov- would be cut. ernment trust fund (LGTF) revenues The House bill would also reduce million renters' refund program from are expected to grow by more than trust fund revenues by phasing in a the trust fund. However, this will not $107 million next biennium, none of sales tax exemption for replacement make any additional money available this revenue would be available for capital equipment purchases. To offset to cities because the trust fund revenue cities. The House bill would continue the larger trust fund deficit in the next growth would continue to be siphoned to siphon off trust fund revenue growth biennium caused by House tax provi- off to help pay for general fund to help pay for general fund programs, sions, the bill would remove the $100 programs. Senate tax bill Cities face new challenge on uniform elections The Senate tax bill would elimi- nate the local government trust fund at Arai Higgins elections only in November of odd- the end of this biennium. The Senate � Just when legislators appeared to numbered years. The committee agree to let cities schedule city passed the bill on Tuesday, March 29 See Tax bill, page 4 elections in November of odd or four days after the deadline for committee action on bills. -- — even - numbered years, the Senate ethics committee approved S.F.2395 The proposal, which is supported Route to: (Luther, DFL- Brooklyn Park) a bill by the Minnesota School Boards that would force nearly 700 cities Association (MSBA), now goes to and all counties to hold local general See Elections, page lO 1994 top issues The League of Minnesota Cities has Contents eight priority issues for the 1994 legislative session. We will include House and Senate move quickly on tax bills ....................... this list every week with a page "" 1 number after the issue if we include a Cities face new challenge on uniform elections ........................ 1 City affiliate groups now on board for Unity Day Rall y ........... 3 story. , Bill to bully local officials into silence dies for now ................ 5 LMC fights for city authority to provide electric service State Aid to Cities - Preserve 1994 in annexed areas level and seek additional funding for Senate committee tables telephone regulation proposal ........... 6 future years for LGA and HACA. / BWSR seeks wetland regulatory simplification ........................ 6 page I Update on annexation, open meetings, landfill cleanup, health care, and other issues Local Government Trust Fund - .... ............................... 7 League looking for volunteer ambulance sample Stabilize the LGTF and resolve the ordinances, bylaws current shortfall. / page I LMC encourages local officials to apply for Springsted training scholarship Open Meeting Law - Clarify require- For cities, a summer of safety, through national service ........... 8 ments and permit defense of alleged Regional hazardous materials teams rules proposed ................. 9 violations. / page 7 Federal and state health care plans falter .................................. 9 League Legislative Wrap -up Sessions scheduled for Ma Annexation - Preserve 1992 annex - y " " "" 9 Waste education coalition has vacancy ................................... ation amendments, expand cities ............. Bill summaries ............. ............................. ............................... BI ability to annex urban or urbanizing Training/awards ".. 4 areas, and control growth in nonurban 1994 City Achievement Awards ............... ............................... 1 I areas. / page 7 Municipalads ........................................... ............................... 12 Landfill Cleanup - Establish new program separate from Superfund to clean up closed municipal landfills. / page 7 Public Employment Labor Rela- tions Act - Reform PELRXs interest arbitration provisions to balance the bargaining power of essential and The Cities Bulletin is a publication of the League of Minnesota Cities and nonessential public employees. includes an update of state legislative, administrative, and congressional actions that affect cities. It also includes reviews of metropolitan area issues by the Association of Metropoli- Development/Redevelopment - tan Municipalities. The ('idea• Bulletin lists authors of hill summaries and some articles by their initials. Remove the aid penalties on TIF for Ann Iliggins - All manufacturing and redevelopment Joel lanmik - JJ districts; obtain additional funding for League legislative staff members are available to answer your questions concern- pollution clean -up. /page I ing legislation relating to cities. Transportation Systems Funding - Executive Director Editors Typesetting and design Increase funding for roads and transit Jim Miller lean Mehle Goad Gayle Brodt y by extending the sales tax to gasoline; Tim Busse Laurie Audette or increase the gas tax and establish League of Minnesota Cities, 3490 Lexington Avenue North, St. Paul, MN 55126 dedicated revenue for transit. Phone: (612) 490 -5600; Fax: (612) 490 -0072; TDD: (612) 490 -9030; 1 -800 -925 -1122, plus your city code. Printed on recycled paper Page 2 AMC Cities Bulletin City affiliate groups now on board for Unity Day Rally Duke Addick.s Presidents of three city affiliate City Unity Day Rally groups will rally with League of Minnesota Citics President Chuck Schedule of events: Winkelman and city officials from throughout the state at City Unity Meet at the Kelly Inn near the State Capitol in St. Paul Day, Thursday, April 21, 1994. "We're very pleased they are 9:00 a.m. Coffee and rolls anxious to participate," said 9:30 to 11:30 a.m. Briefing Winkelman, Mayor of St. Cloud. Then walk to the Capitol to confront our legislators outside The three presidents are: Coalition the Senate and House chambers. of Greater Minnesota Cities Presi- dent Wayne Klinkhammer, mayor of Owatonna; Association of Find out how the Legislature will affect cities in the closing days Metropolitan Municipalities of the 1994 session. Tell your legislators how they can help cities President David Childs, city achieve fiscal stability and improve their local economies. This manager of Minnetonka; and will be the critical time when the omnibus tax bill which may or Minnesota Association of Small may not deal adequately with our issues is being finalized. Your Citics President Dan Elwood, presence will strongly influence the outcome of this legislative Administralor of Spring Valley. session. "Cities need a revenue source other than the property tax," Return the registration below to the League. Winkelman said. "The local ----------------------- Z, trust fund was estab- Yes! We're coming to St. Paul to the League of lished to provide a source of Minnesota Cities City Unity Day Rally. revenue based on a statewide sales tax rather than each city establish- ing a local option tax. So far, the City (please print or type) trust fund has worked poorly due to manipulation by legislators and the Name state administration. But we are confident that, as more and more is Name demanded of city government, the state will lessen our reliance on the Name property tax by keeping its commit- ment to the principals of the local Registration fee is $5. (Please make advance registration if at all government trust fund." possible so we can have an adequate number of briefing papers.) "A good turnout at the City Make check payable and mail to: Unity Day Rally will show the governor and the Legislature that League of Minnesota Cities cities are serious about their hope Attn: Finance Department Sa hat the state will help them to 3490 Lexington Avenue North 'chieve fiscal stability, improve St. Paul, MN 55126 their local economies, and deliver city services more efficiently." 0 April S, 1994 Page 3 Tax bill continued from page 1 replacement for the trust fund is an day on Friday, we will know whether taxes and to determine_the. length. of the LGA index that would provide only 1.7 the House Tax Committee agrees with abatement. percent growth in LGA for 1995. This her position, or whether they indeed The tax bill would.allow.a county is tar less than the nearly four percent support TIF as a development/redevel- to determine how much, if any, of its average growth in sales tax revenues opment tool for their cities. into the trust fund. In addition, city tax rate could be contributed.to aTIF project. Counties could also determine HACA would continue to he frozen Penalty on statewide LGA/ how long their tax rate could be used under the Senate tax bill. The Senate would fund up to $29.5 HACA pots by the TIF district. If a county were.to million to enate the current trust fund Of the many new TIF restrictions withhold all of its tax rate, the com- to H.F.3195, the most onerous is the bined tax rate of the city and school deficit. This would likely eliminate the need for any December LGA and establishment of a penalty on the total district (on average 60 percent or cr,c HACA reductions. However, if sales local government aid (LGA) program total tax rate) would rarely generate tax revenue growth estimates g e ach time a city uses TIF. Rest's bill adequate revenue. Such -a restriction o down further or if the cost of other non -city would create a new penalty to replace would make the sale of bonds for the current LGA/HACA offset. This pollution cleanup, redevelopment, estimates, cities could still face bill would deduct the "hypothetical" construction of housing, and economic December aid reductions. cost of lost state school aid due to TIF development unworkable. LMC Executive Director Jim districts from the total statewide LGA Miller testified against the elimination and HACA allocations for cities. If Volume. caps and income limits of the LGTF and in support of an any city chose to use TIF, all cities Rest's bill also includes a proposal increase in funding for LGA and receiving LGA or HACA would lose. for "volume caps" on the..amount of HACA. The Property Tax Division of This requirement would obviously pit TIF each city could use. Under the the Senate Tax Committee passed its cities against each other and totally calculated limit, cities with healthy tax portion of the bill, and it will now go to cripple not only the tool, but the limited bases would be restricted from using the full Tax Committee f'or inclusion in state aid programs available to cities. TIF. More than 10 cities would the omnibus tax bill. Senators said they In the brief hearing on the bill (just immediately be prohibited from.using would continue to work with cities on introduced on April 4), Rep. Rest TIF in the future because they are over the issue. justified the new penalty because of the their calculated limit; many others claim that TIF "benefits everyone." If would have very little tax capacity TIF provisions; Senate bill she actually accepted this claim she available to-use for TIR Income limits would eliminate all penalties for using for all new TIF housing districts are helpful, House considering TIF, because it improves the tax base also included in her proposal. serious restrictions for all local taxing districts. This The Senate tax committee's provision is quite ridiculous —it doesn't TIF a necessary tool omnibus bill appears likely to include make sense for a city in one part of the Many legislators and others still do several provisions to improve tax state to be penalized because another not understand how the penalties increment financing (TIF). The House, takes the opportunity to clean up imposed by the 1990 tax bill have however, is considering very seriously pollution or assist a business to create severely limited the use of TIF and that restricting its use and penalizing all jobs. the perceived abuses are no longer cities, regardless of whether they use possible. Proposals such as those in TIF. County withdrawal of their tax H.F:3194, would eliminate the only The League has testified against rate from 1'I tool the state has provided for cities to the restrictions contained in H.F.:3195• improve the state's economy, redevelop House Tax Committee Chair Mn Rest The House bill might also include a provision to allow a county to (DFL -New Hope) is a longtime urban centers, clean up polluted sites, opponent of TIF and has authored this Prohibit the use of its tax rate to and create low -and moderate- income g enerate tax increments. This is not a housing. restrictions bill attempt to pass many new simple county veto, but parallels the Next wee'k's Cities Bulletin will ctions and penalties. The propos- bill introduced by Rep. Edgar Olson include a summary of the House and als in the bill appear to try to position (DFL- Fosston) to create a community Senate tax bills that will be consid- the House in anticipation of a confer- ence committee with a Senate tax bill tax abatement program (CTAP). That erect by the full houses. 4 that supports TIF. By the end of the bill `Would have allowed counties to grant separate tax abatements of their Page 4 LMC Cities Bulletin Bill to bully local officials into silence dies for now Duke Addicks partners in government. Making it a But some members of the House Ethics On March 31, after the deadline serious criminal offense for individual Committee are troubled by local elected officials or employees to speak government lobbying; therefore for bills to come out committee, the their mind would not improve govern- restrictions similar to the ones outlined House Ethics Committee heard ment in Minnesota. above may well receive serious Asch ( 2 which Representative Marc No vote was taken on the bill, and attention during the 1995 legislative sch (North Oaks) introduced only 10 days earlier. The bill would prohibit, thus it appears dead for the session. session. 0 under penalty of a gross misdemeanor, any city, county, school or township elected official or employee from commenting on any proposed legb y tion unless, T — /tTC fights for city authority first, their governing body 111rj l.� it by a majority vote took a position on the legislation (a two - thirds vote if the to provide electric service in legislation would increase a tax or fee, such as the gasoline tax). Then, annexed areas according to the author, although the bill was not clear about this, the elected officials or employee could only Ann Higgins Current state policy under the communicate the position of the Minnesota Public Utilities Act governing body. League staff strongly The League is working with the recognizes that cities should furnish opposed the bill. And, although the Minnesota Municipal Utilities initial service to undeveloped hearing was after the deadline, there Association and the Coalition of annexed properties. A few cities was some fear that the contents of the Greater Minnesota Cities to defeat an have used quick take condemnation bill might be amended onto some other attempt by the Minnesota Rural to expedite transfer of a portion of a legislation already on the House floor. Electric Association to cut off city larger service area being acquired The lobbying restriction in the bill authority to provide municipal from a rural electric cooperative would apply to the lobbyists for the electric service to residents and through general condemnation. unit of government as well as elected businesses in annexed areas. Please While the quick take process is officials. Thus the League, Coalition of contact your legislators immedi- seldom used, it is necessary to avoid Greater Minnesota Cities, Association ately to oppose bringing S.F 788 to needless expense and redundant of Small Cities, and Association of the floor of the House for final investment for infrastructure which Metropolitan Municipalities could not action. will add to the cost of city speak on behalf of a city unless that Language in S.F.788 has never ratepayers. city's governing body voted to support been considered in committee in the Transfer of service areas by the position taken by its association. Senate. Instead, the House author of quick take condemnation affects Neither could an elected or appointed the prc)oosal amended the Senate file only the timing and does not impede official testify or contact a legislator on to incorporate language (formerly remaining condemnation proceed - behalf of their association's position H.F.2456) supported by rural electric ings. Quick take simply gives cities unless their council first adopted a cooperatives. That bill would an efficient method to serve new position in support of the position. weaken local eminent domain development and overcomes This proposed legislation would authority to prevent cities from problems often associated with discourage communication between providing initial service to areas or reluctance on the part of the co -op to local government officials and the customers not currently served in co- reach a settlement, frustrating legislators who represent them. Even op service territory located in the further attempts by the city to extend an informal conversation could result city. service to those locations. 0 in a gross misdemeanor conviction. City officials, and all local government officials, want to be April 8, 1994 Page 5 Senate committee tables telephone p e regulation proposal tion ro g p p Ann Higgins of franchise fees. Telephone industry Benke of New Brighton, current LMC representatives objected to that First Vice President, and attorney Tom On March 25 a Senate committee Proposal. Creighton, administrator for several tabled a bill which would have capped In addition, the League asked that metro area cable commissions and after the 1994 session, the Legislature former MACTA Board member. telephone rates at current levels undertake a major study of changes in Creighton said cities want all citizens to return for allowing telephone compa- state and local regulation of telephony, have equal access to whatever telecom sees offer a wide range of new telecommunications, and other infor- munications network is established in services under a new form of regulation mation technologies and services. The cities and throughout the state. Local that would free the industry from purpose would be to identify how to control is necessary to assure that current state controls. The bill was S.F.2473 (Chandler, DFL -White Bear address public access to new services whatever new information technology _ the interc onnectivit and com at is Lake), companion to H.F.2408 and Y P used to deliver new services and ibility necessary to provide all areas of products, it will keep up with advances The Leaague gue and (Jennings, and the state with a broad range of services available elsewhere. The new informa- d the Minnesota at affordable rates. tion superhighway should respect local Association of Cable Television The Senate committee tabled the standards and abide by requirements to Administrators ( MACTA) argued that bill on a divided voice vote after - avoid undue interference with the use ment interests. . It would have taken the bill failed protect local govern- hearing testimony from Mayor Bob of public rights -of -way. 0 away local authority to require provid- ers of video, voice, data, and interac- tive services to guarantee public access and support for public, educational, and S government programming. "t,. etla The League and MACTA first heard about the legislation in early re u1 .tor 1 March. We expected working on S nip cation amendments to the Minnesota cable act Joel Jamnik to extend city authority on cable to allow broader access to the state communications to all telecommunica- The Board of Water and Soil wetland bank for projects where tions providers using city rights -of- Resources (BWSR) has responded wetland impacts can not be avoided. way. When the Senate Jobs, Energy well to the requests of local govern- And a draft general permit agreement and Community Development Com- ments and other interested parties to has been reached with the U.S. Corps mittee announced that it would aggressively pursue ways to of Engineers that would eliminate consider S.F.2473/H.F. 2408, city simplify wetland regulatory duplicate permitting for projects officials argued that a change in systems. involving less than half acre of telephone regulation at the state level A March 17 memo sent to all wetland in most situations. could threaten the taxpayer and private local government units responsible These initiatives are important investment in video communications for administering the wetlands steps to coordinate and simply established through cable franchising conservation act outlined the steps regulatory programs and reflect a agreements as well as community taken by the board. growing acceptance and understand - access programming. BWSR has approved the ing of the benefits offered by local The League and MACTA proposed revision of the combined project government administration of amending S.F.2473 so that new notification form so that it may be environmental protection programs. telephone services that included video accepted as a permit application by The BWSR has also been signals or programming would be all affected agencies. There is also a instrumental in supporting essential subject to local franchise agreements tentative agreement among all modifications to the wetland conser- and applicable federal regulation federal and state oversight agencies vation act in the 1994 legislation. 0 including rate regulation and payment Page 6 LM C Cities Bulletin Update on annexation, open meetings, landfill cleanup, ealth care, e, and other issues Joel Jamnik Quality Board to engage in a statewide health coverage for all uninsured zoning initiative, has been amended Minnesotans. The bill would require Three LMC "A" priorities, both houses to require creation of a that each Minnesota resident obtain and annexation, open meetings, and landfill task force. maintain health care coverage at a cleanup all were affected by the second committee deadline last Thursday. H.F.2668 (Mosel) /S.F.2193 minimum prescribed level. (Morse), would create a state revolving The bill proposes a divided state' « �� loan fund for water treatment systems health care plan which would channel A priorities similar to the revolving loan fund for everyone into independent service The open meeting law bill did not wastewater treatment facilities. It is in networks (ISNs), a state - regulated all - make it out of the Senate Judiciary the Senate Finance Committee, payer option (RAPOs), or a community Committee but there have been some H.F.2401 (Dempsey) /S.R2185 integrated service network (CISN). indications this week that it will be (Pariseau), would have the state return An ISN is a nonprofit corporation considered further during the 1994 excess building permit revenues to that provides general preventive and legislative session. local governments to help defray the primary care through inpatient hospital At a meeting earlier this week cost of meeting the state's building care for a fixed price (similar to the between some of the House and Senate inspector certification requirements. HMO system). A RAPO is a system authors of the annexation legislation, This bill would reverse the action in employing fees for service, often Rep. Chuck Brown (DFL- Appleton), 1991 to retain any excess amounts from reimbursed by insurance of self - chair of the House Local and Metro- local building permits in the state's insurance programs. politan Government Committee, general fund. The bill is in Senate One interesting feature for smaller indicated he will move to have the Finance and may still pass. cities in Greater Minnesota would be House concur with the Senate amend- H.F.2243 (Rukavina) /S.F.1944 the use of CISNs. These are viewed as ments to H.F.228. (Kelly) would increase the minimum mini -ISNs, serving up to 50,000 The landfill cleanup bill has now wage for large and small employers people. They would begin operations gone to the Senate Finance and House (large are those with sales or business January 1, 1995. The desire for these Appropriations Committees for further of $362,000 per year or greater). The intermediate ISNs is partly to ensure discussion and refinement of the proposed wage increase are: availability of health service through- funding elements. out the state and may reflect a growing Large Small legislative concern that the ISN system "B" and "C" priorities July 1, 1994 $5.00 $4.75 will become a small set of very large Other bills addressing "B" or "C" July 1, 1995 $5.75 $5.50 statewide providers that would be LMC priorities are also pending. Some July 1, 1996 $6.50 $6.25 resistant to effective managed competi- of these are: tion. Consequently, the bill also S.F. 1909 (Price) /H.R2158 On July 1, 1997, and each July 1 proposes to modify current law which (Bishop) which would reduce ground- thereafter the minimum wage would be authorizes ISN creation on July 1, 1994 water pollution and promote connec- adjusted by the same percentage as the to delay formation of ISNs until tions to existing public -owned sewage change in the consumer price index for January 1, 1996. treatment facilities by extending the the preceding calendar year. The No funding is identified for the Minnesota Pollution Control Agency's League has taken no specific position bill, although there have been discus - individual septic tank system regula- on the minimum wage proposed. I sions regarding the repeal of the health tions (covering design, installation, would like to hear from our members if provider tax (a two percent gross testing) to all septic tanks throughout the proposal would have any signifi- revenue tax on health care services) Minnesota. The rules are currently cant impact on cities. and its replacement with an individual applicable only in the state's shoreland income tax surcharge (maybe up to 15 zoning areas. Health Care percent) or a continuation and expan- H.F.2126 (Orfield) /S.F.2362 H.F.2525 (Greenfield) /S.F.2192 sion of a recently expired cigarette (Chandler), which as introduced would (Berglin) would establish July 1, 1997 tax.0 have required the Environmental as a target date for providing universal April S, 1994 - -- J— - - - - -- -- - - - - -- _Page 7 League looking for LMC encourages local officials to apply volunteer ambulance for Springsted training scholarship sample ordinances The League of Minnesota Cities bylaws would like to encourage local officials to limited organization funds; relating ials the program to the official's current The League's Research -6 aPPholatfiis for the Springsted training responsibilities and would. benefit the sery ice would like to receive scp: At the 1993 annual performance of duties; and writing a recent copies of: conference, Springsted, Inc, presented report describing the benefits of the • Ordinances establishing he League with a $2,000 grant for program. The League may publish the volunteer ambulance depart- funding scholarships for local officials. report. ments and The program provides opportunities for A letter of application should • Samples of any bylaws or local government officials to get include training dates, location; and organizational guidelines for training that will help in their positions. cost. Send the letter at least one month volunteer ambulance Scholarship criteria include before the training program to League departments serving as an elected or appointed of Minnesota Cities, 3490 Lexington Please send these items to official as a League member and have Avenue North, St. Paul, MN 55126, League-of Minnesota Cities (Attn: no current plans for leaving the P osition; findin Attn.: Sharon Klumpp. Library), 3490 Lexington Ave. N., g itdifficult or impos- For more information call Sharon St. Paul, MN 55126 -8044. 0 sible to attend the training program due Klumpp at (612) 490 -5600. 0 For cities , a . a saner of safety, through national service James Scheibel fear in our ' communities. They'll escort president and chief executive of - victims of violent crimes officer of Eve Imes to courtrooms th e corporation, 1 Every elected official knows that and recently acknowlcd *ed staff b f courthouse child care centers. strong comma the key role g nrties re le of city trite Y leaders sayin act' Q active They'll teach literacy to adults and simply, y e xtent , citizen participation. that " ati at P on. P Y� "you will, o P While mayor Y I, to a large y of mentor youths so that our citizens have determine whether b St. Paul, I always sought ways to real alternatives his movement of es t o violence. They'll national service will ` ng community help organize neighborhood watch succeed t fail.' involve citizens in solving problems. In my new capacity as vice associations. And they'll work in city here are many ways that you can president of the Corporation for tY help national service succeed. If you're precinct houses, staffing telephones, interested in applying for the Summer National Service and director of researching firearms records, and of Saty ACTION, I will help city leaders use mapping crime reports so that police a high ualiant program (or want g y get the new opportunities offered by an officers can spend their time on the involved), contact o the corporation expanded national service program to streets and spend it more effectively. directly at (202) 606 -5000 as soon as bring people of all ages and back - While the Summer for Safety will grounds together. possible. If you're interested in the focus on public safety, the year -round effort— corporation's year-round community We will seize those new opportuni- corporation's ties this summer. program including President Clinton's 20,000- ACTION office,or he state o commis- Following the lead of National member AmeriCorps program to be sion which is now in the process of League of Cities vice president, launched this fall —will also address coordinating potential AmeriCorps Carolyn Long Banks, and hundreds of environmental, educational, and human programs in our state. other local leaders nationwide, Presi needs in our communities. As the Y • • I look forty � ' dent Clinton has declared and to w ed this summer mayors and challenge, working , a Y Police chiefs s wrote in Sum a Summer of you to h Safety for national e Y help meet that challenge, cent report p rt to President Clin service. This June, 6,000 Summer of must all learn to "view affordabl we through he difficult and exciting d Safety participants will come together housing g s a weapon to fiht crime; to across generations, ethnicities, income view child care, job train ng, recreation service ahead. 0 levels, and political parties. seasa n Scheibel, President of programs, communi t develo Some of the volunteers will pment, the Corporation for National Service and transportation to jobs as weapons and Director ofACTION, is formerly receive living stipends and post- service to fight crime." education aw th mayor of St. Paul. things done to help fight violence and nity or SEli Segalaassist n p to he Weekly, March 7, 1994.on's Cities Page 8 LMC Cities Bulletin Regional hazardous dous Federal and state health care materials teams rules proposed plans falter Joel Jeunnik Joel Jamnik will struggle to establish a national framework liar health care delivery. No of Public Safety g The Dep Minnesota and the federal govern- y happen. has proposed rules to create a in en are both encountering difficulties one knows what will ha In these circumstances, developing regional system of hazardous ensuring available and affordable policy positions for cities is extremely materials emergency response teams health care. difficult. We have concerns about and hazardous materials chemical In Minnesota, the MinnesotaCare proposals requiring all employers, assessment teams. program has seen its bipartisan support including cities, to pay for 80 percent' The rules would set out the shaken because of political, interper- of the cost of a standard package of following: sonal, programmatic, and financial health insurance benefits, and only • Factors for establishing the considerations. While the major Senate allowing a limited ability to self - insure. service area locations of teams, players have seemingly patched things The House Health Subcommittee _ • Requirements for designating up, the problem of how to raise funds of Ways and Means recently rejected teams in each service area, for the program recently caused a flare President Clinton's proposal for • Numbers and qualifications of up between the Senate Tax Committee mandatory health care alliances and team members, and the governor. No final decisions approved the employer mandated • Procedures ave et been made regarding what this ures for establishing Y g g s payments. eq ear's Le Legislature will Y ass. requirements for each g P We suggest cities q gg s evaluate their In Congress, team, the situation is even current health plan programs and costs • Procedures for selecting and more fragmented. Three House and get prepared to compare federal contracting for teams, committees and two Senate committees and state proposals as they develop. 0 • Procedures for dispatching teams; League Leglsltlue Wrap -uR Sessions scheduled for May • Categories of response costs to ; be recovered from the person 1=plfr t @giSlative Wf3t? -f}S r?g *,3C1�CtF�j @E� 1#tB yyg @�C �3 (Vj��t 23 tE1 responsible for causing a 1(78 fQItC3WIRg Lill @8. _R r hazardous materials emergency g Y� $[t1lL�t•— •ItA�i'�T3, • Procedures for the reimburse Si e� MAY Z� ment of teams for their costs of a z x �a 07M Y Z �.- response,�� N r • Methods of coordinating team BUtllSYlltQ --alt response with other state #horlh�C tnft�Ttttt tt ii)ttrieSt�t$;� t� tt t $ult�lrrt 0 k departments and agencies, local units of government, other states, Indian tribes, the federal government, and other You may also request that the 15 of the State Capitol. If the depart- nonpublic individuals. department hold a hearing on the rules. ment does not receive requests from 25 A free copy of the rules is The request for a public hearing must or more people, it won't hold the available from Robert Dahm, State be in writing; include your name, hearing. Fire Marshal Division, 450 North address, and phone number, and must If you request a public hearing, the Syndicate St., #285, St. Paul, MN reach the agency by 4:30 p.m. May 4, department will notify you whether or 55104, (612) 643 -3089. You have 1994. The department encourages you not the hearing will be held. Or, you until 4:30 p.m., Wednesday, May 4, to identify the portion of the proposed may call Robert Dahm at (612) 643- 1994, to submit written comment in rules which caused your request, the 3089 after May 4, 1994. support of or in opposition to the reasons for the request, and any Regional teams will receive state proposed rules or any part or subpart changes you want made to the pro - assistance and the process is expected of the rules. Your comment must be Posed rules. to be competitive. The League asks in writing and should identify the If 25 or more people submit a that Bulletin recipients forward this portion of the proposed rules written request for a hearing, the information to city em g Y addressed, the reason for the com- department will hold a public hearing response personnel, particularly your ment, June 9 1994 and at 9:00 a. > any proposed change. � m. in Room fire chief. 0 April 8, 1994 Page 9 El ections, continued from page 1 hold elections on bond sales only in districts to move school board elections September or November or conduct the to November, beginning in 1995. the Senate Rules Committee, where the election by mail on other dates. Luther's bill, S.F.2395 would-bar author intends to request an exemption The Senate initially approved S.F. cities, counties, and school districts from the March 25 committee deadline 1512 by a vote of 65 -0, at the close of from holding special elections during in order to bring the bill to the Senate the 1993 session, but only after the 19 weeks before the state .primary floor for a vote. provisions requiring school districts to election. The League objected to the move their elections to November had The League will work to keep approval of S.F.2395 after the _deadline been deleted from the bill. The House cities' flexibility in scheduling elec- and opposes the request for exemption version of the bill, adopted on a vote of tions and uphold home rule charter to the deadline for committee action on 112-22 on March 21, requires school authority for local elections. 0 bills. The Minnesota Association of Small Cities and the Minnesota Clerks and Finance Officers Association also object. Waste educate ®n coalition The League urges city officials to ask legislators to oppose S.F.2395. has vacancy Instead ask them to resolve differences �!/ between the House and Senate versions of S.R 1512, which have been adopted Joel Jamnik by both bodies. The MSBA proposal would force The April 4 issue of the State Register included notice of vacancy in 587 smaller cities (with populations of the Waste Education Coalition. For an application write to the Office of the less than 2,500) to move the date of Secretary of State, Open Appointments, 180 State Office Building, 100 local elections from even - numbered to Constitution Ave., St. Paul, MN 55155 -1299, (612) 297 -5845; or in person odd - numbered years, necessitating at Room 174 of the State Office Building. More specific information about cities to conduct elections every year as the vacancy is available from the agency. The application deadline is a result. Although the bill would April 26, 1994. require school districts to reimburse cities fora portion is the costs u Waste Education Coalition: Office of Waste Management, Waste Educa- lion Program, 1350 Energy Lane, St. Paul, MN 55108. (612) 649- .5750. combined elections, it would require cities to follow secretary of state's rules Appointing Authority: Office of Waste Management. on cost- sharing. The bill fails to address problems with school district boundaries that are not established Compensation: Expenses. along physical, g p y cal, recognizable features Vacancy: One - -a representative of local government in Greater Minnesota and which often split existing city precincts. to represent waste education issues in this region. All but 107 cities currently hold local elections in November of even- The coalition advises and assists the staff of the Office of Waste numbered years, when voter turnout is Management to develop, implement, and coordinate state and regional significantly higher than during off- resources in an integrated long -term waste education program which year elections. encourages the reduction, reuse, resource recovery, and proper management The House has approved S.F.1512, of solid and hazardous wastes. (Osthoff, DFL -St. Paul) which retains Eighteen members: One member each from the Pollution Control Agency, local flexibility in setting the date of Metro November general elections. The bill Metropolitan Council, Department of Education, Department of Agricul- would require school districts to move ture, Environmental Education Board, Environmental Quality Board, their elections from May to November educational institutions, other public agencies with responsibility for waste of either odd or even- numbered years, management or public education, and three persons representing private extending; school hoard terms from recycling or solid waste industries. three to four years duriugc he Iraasitiun. That bill would cing t school Meeting schedule: Up to twice a month, five hours a month, at the Office bond referenda from uniform election of Waste Management. 0 dates. Cities, however, would need to Page 10 LMC Cities Bulletin II afta ]Wl •si -vrnb juaut - atatyaU h1z,? P66T ayi 9uq4upmd s i -5=1 vj.osauuzx fo anbi a ayl l'iumvjaaoBFr4za ui 2au0719aI2 puv u, mlv.2ouui abhmoaua puv azIuBoaal OT, b661 `8 jjjdV ---------------------- '17661 '6Z IlJdy sl aullpo (I � I '171708 l SS NW 'InDd •IS � '41JoN anuany uOlSulxal 06178 'luawuDda4 suollD°lunwwoD oI salJlua pugs auoyd Uoslgd 1°DIUOD d lz /a ° ssaJpp v Uo11D I d ndo lylg JD awDN $puny 4uaw9AarYb /4 !:) DM tr66 L Jo} =o} /4u3 L ------ ------------- - - - --1 •0099•06P (Z 19) aolpo en6D91 ayl ID apaprJy aunDl pDluoD :uoyDUUayu! luau JOd - AWUJGJGO spJDMD a Ol JOIJd muu!M pJoMD UO UOIID=JUI MDOIaJ IOU II!A^ en6Del eyj :=Jeuu. )s) uO t)XJ,4ON eouaJaJum IDODUD :)M eyl ID e9 IIIM sel 4UO fiUIUUIM I!y -Iouq a jo J�d (l •eun UI m ueJai um I DnuuD ; en6Del eyl JayD suolpnlDAe puD /G luo no% jo MOB euo wnle IIIM en6Del e j :seurye 10 Uj" •salaD JByIO Ol �!q!gm!!ddD UD 'sseuanil:.Ja}1a SSGUaA ' Jaye PUD IaUUOSJed JO eSn ,'la6pnq )O UOIIDOOIID 'wDJfiOJd 'SIDIJaIDW Jo /(lllonb 'spJDpuols louolssaloJd of eDUaJaypD 'saypalgO palDJs bu!laa4n 'tPJDMGJ pu o NuuDId '/41lDnb epnpul IIIM DI JeI IA 6Ut6pnr •AAUa IPM uo IpDgp" U911! ap !AoJd IIIM se6pnr •spIDMD PI O" I M o ly6!J ayi aADy se6pnl ISPJDpuDIS 6ul6pnl a yylI Imm IOU op /uo6alm D ul selJlue 10 Jtl 10& all i •/(JO69100 L ul (000'01 -*PUn PUD 000'01 -*AO) dn0J6 UO!IDpdod LFm 101 PJDMo auo polo; Avow so" fiu!uaarn AJDUlwllo)d D OP IPM ODIS enfiDel 10 lauod D '/uo6alm D UI ;BIJIUB !O JegUM s6JDI D GJD eJayl j 'sl°pyo GJDF p „ D /yip puo splay J(Jo6olm snouDA ell u101 slJedxe a pnpul I II M se6Pnr:suispnr •6608 •9Z t 99 NW I nDd 'IS '4► enuaAy uol6ulxel 0617£ 'sall!D DlosauuiW Jo an6oal 'luawoodaa suo!lmlunwUJOa of sa!JIUe PUGS '17661 66 I!Jdy s! sa!Jlue 6ui4!uJgns Jol au!Ip°aa •qal 4ua ou s! aJayi :suQpDep pus) ” 4U3 ;sal Jo sPJJ 001 JO IuaWa)Dl; tiDwwnS ';Dl!!:) t Ja4IO O1 ry!IIgDJIIddD/UO!IDnIDha/il sad la�Pr'9 uollnlw'Jwaldwl saA!po!yo�;IoocJ :;:: (ssaOOJd/Gscxllnd) AlkrlmIS 4UG eyi to uowl!»sao /vobalDD •:;: :Uollowjolu! 6UIMO G y TnPUI : UORD"u! k4u3 • ID!JGIDW Uoddns apnpul ('aPp1) O +a'f.)Dd D JO JOP(J!q 6U!J" aJyl D U! So!.4Ua l!wgng salJO6aim OIDI1dO1ddD ey! asooy:) - /ulua yDDa JOI WJOj A D OIDJDdas D ala!duJoD • UOIIDWJO ;u! /Glue PUD UUOI AAua"}o SOOM OMI PUD SID!JaIDW /ulna noA Jo saldm OMI I!ulgnS :4ue root 6uus)dwd •17661 'S1 N'dy PUD £661 'I kDnUq uaav lag uI paA onu uaag JO paDnpoJd S Dl /4 eyi spa!oJd Jo 'suDld 'splJelow JGIUa ADw nOA :J eµn a P" saul !!Urns oI 9I916119 aJO Sapp JeguJaw II`d 4J!9!N3 spn>ww 044 }nogg • • • Municipal ads Municipal ads are printed at no charge to member cities.Ads run in one issue only unless notice strategy. Robbinsdale is a first - ring Is received to run a second time. The Cities Bulletin is published weekly during the legislative community of Minneapolis. Minimum session and oncea month during the Interim, thetime between sessions. Munidpa will appear qualifications: five years direct hands =on in the next available Cities Bulletin. Cities have the right to reject any or all bids on equipment experierice1h the economic enhancement of or propocals,.and to waive.any informaliticw therein. Minnesota cities are equal opportunity older business districts == including hu sin css employers• retention, recruitment, creation; and real estate development; experience with a non- profit, public- private partnership. Skilled POSIt1OriS and three years experience in a progres- negotiator with the ability to develop a rapport with the business community, real ADMINISTRATIVE SECRETARY. sively responsible municipal engineering estate community, public sector, and Eagan has an immediate opening for dept. Good written and oral skills. community-at- large. Politically savvy. secretary to the city administrator, mayor, Computer design experience desirable. Graduate degree is desirable in economic and city council. The secretary works days Salary range of $39,420 to $41,976, development, urban planning, or public/ and takes official city council minutes at excellent benefits. Send resumes and city business administration. Salary commensu- least two evenings per month. Minimum of Lakeville application to, 20195 Holyoke rate with experience and qualifications. qualifications: excellent written and oral Ave., PO Box 957, Lakeville, MN 55044- Apply by May 16, 1994 to City of communication skills, minimum 60 w.p.m. 0957 by April 18, 1994 Robbinsdale, 4221 Lake Road, typing speed, and personal computer BUILDING OFFICIAL. Eagan Robbinsdale, MN 55422. For job descrip- expertise. Desired qualifications: executive (Population 53,500) has immediate opening tion and application call (612) 537 -4534. secretary, municipal government, and for assistant chief building official. Duties: PUBLIC WORKS COORDINATOR, supervisory experience. Starting salary assist building official with administrative Maplewood vacancy le ood has a for a full- i e P $13.82- $14.66/hour plus benefits. City and supervisory tasks, plan review, and y li public works coordinator. Performs application form must be received or interpretation of building codes. Minimum administrative and supervisory work over postmarked by April 22. Applications qualifications: degree or apprenticeship street, sanitary and storm sewer, water available at Eagan Municipal Center, 3830 Program in construction, state certification distribution and equipment, maintenance. Pilot Knob Road, Eagan, MN 55122, (612) as building official, and one -year experi- Requires: Class C driver's license and 681 -4600. Qualified minorities encouraged ence in municipal building inspections, seven years public works maintenance to apply. AA/EOE. including plan review. Starting biweekly experience, including streets and either ADMINISTRATOR. Savage salary range $1,504- $1,595 plus benefits. water distribution or sewer collection. Two (population 14,000). Salary $60- $70,000. City application form must be received or years of the experience must have been as a Report to five- member mayor and council. Postmarked by April 22. Send to Eagan supervisor. Salary range of $41,225 to Responsible for supervision of 60+ Municipal Center, 3830 Pilot Knob Road, $47 per year. To apply, contact City of employees and budget of $15 million. Eagan, MN 55122, (612) 681 -4600. Maplewood, 1830 East County Rd. B, Qualifications: degree in Public Adminis- Qualified females and minorities encour- Maplewood, MN 55109. (612) 770 -4500. tration or related degree plus five to seven aged to apply. AA/EOE. Deadline: April 22, 1994. years experience as city administrator or CONSTRUCTION ANALYST. Eagan PUBLIC WORKS DIRECTOR. responsible management position. Desired has a June opening for a construction Greenfield (population 1,540, thirty miles experience in a suburban growth environ- analyst in protective inspections. Duties: of road) has an opening for a public works ment, personnel (comp. worth) and plan review and communication with public director. Responsible for maintenance and downtown development. Reply by May 9, regarding building codes. Minimum operation of department which includes 1994 to: James L. Brimeyer, President, The qualifications: degree or apprenticeship part-time help and contracted providers. Brimeyer Group Executive Search, One program in construction, state certification Minimum qualifications: high school Tenth Avenue South, Hopkins, MN 55343. as building official, and five years experi- graduate, Minnesota Class B Drivers (612) 945 -0246. ence in construction. Starting salary range license, two years heavy equipment ASSISTANT CITY ENGINEER. $16.11-$17.09 /hour plus benefits. City experience, two years general road Lakeville (population 30,000), a rapidly application form must be received or maintenance experience. Prefer some growing suburban community has an postmarked by April 22. Send to Eagan municipal experience. May require night opening f Municipal P Y q g or an al Centc. p assistant kit engineer. , 3830 Pilot Knob Road g y gineet P , and weekend work. Sala DO Q. Work Eagan, Salary: Q Works directly under direction of city g . MN 55122, (612) 681 -4600. �' Position involves considerable interaction engineer, providing technical design, Qualified females and minorities encour - with the public and maintaining a customer planning, review of plats and development aged to apply. AA/EOE. service orientation. Applications can be proposals. Helps prepare preliminary DEVELOPMENT DIRECTOR. obtained by contacting the City of engineering and feasibility reports and Robbinsdale seeks experienced professional Greenfield, 6390 Town Hall Drive, prepares of plans for public improvement to head new private- public partnership Greenfield, MN 55357, (612) 477 -6464. projects, assists city engineer in department Whose purpose is the economic enhance- City application must be submitted by 4:00 administration. Minimum requirements: ment of downtown and to assist with other p.m. on April 29, 1994. EOE. B.S. degree in civil engineering, registra- development projects. The partnership is a tion in Minnesota as a professional engineer result of the economic enhancement Page 12 g LMC Cities Bulletin Bill summaries Elections voter to petition the county for a recall additional standards of ethical behavior Codification of legislative districts election of an elected county official by for local elected officials and employ - S.F.2197 (Pogemiller, Laidig) setting forth allegations rather than ees including a ban on the use of (Ethics & Campaign Reform) would specific facts regarding malfeasance or confidential information or public codify and recodify the 1992 legislative nonfeasance in office. At a public property for private interest. AH district boundaries and set boundaries hearing, evidence would need to to avoid splitting the cities of Willernie include specific facts to support the Code of ethics and New Hope and to simplify the allegations. Petitioners would be S.R2375 (Pariseau, Terwilliger, division of Ham Lake. Companion represented by the attorney general and Stevens) (Ethics & Campaign Reform) H.E2602 (Rodosovich). AH not assessed any legal costs associated would establish standards of conduct with the hearing. The elected county for state executive and legislative official would be represented by private officials and public employees includ- Codification: Congressional districts legal counsel at the official's own S.F.2199 (Pogemiller, Laidig) ing principles barring misuse of office expense unless the county assumes (for private gain), improper benefit (Ethics & Campaign Reform) would legal costs. AH (gifts) officially recognize in statute the 1992 fts) for performance of public duties, congressional redistricting plan misuse of public property, personnel adopted by the Minnesota special Public hearing for city lobbying and resources (for private gain), redistricting panel. Companion H.F2982 (Asch) (Ethics) would disclosure of nonpublic information H.F.2671 (Rodosovich). AH require cites (and other local govern- (for private gain or personal advan- ments) to place a notice in a newspaper tage), improper endorsements (of Eliminating combined precincts; and hold a public hearing prior to commercial products), use of name or trying to influence legislative action on official duties by nonpublic enterprises, precinct boundary changes bills. The notice would need to improper coercion, conflicts of interest, S.F.2297 (Pogemiller) (Ethics & indicate the city's position on the actual nepotism, and acceptance of honoraria Campaign Reform) would allow cities legislation and how the bill would and outside employment, and would to establish a single, combined polling affect residents and businesses within provide for a comprehensive ethics place if the city is smaller than 20,000 the city. manual and an education program to be population and it is located in more The bill would require local conducted by the State Ethical Prac- than one county, or has two contiguous elected officials to adopt an official tices Board. AH precincts with fewer than 500 regis- position on the legislation by majority tered voters or has up to four contigu- vote; or by a two - thirds vote for bills Conflict of interest disclosure ous non -metro local election jurisdic- that increase state or local taxes. S.F.2483 (Terwilliger) (Ethics & tions in the same congressional, Violations would be gross misdemean- Campaign Reform) would make city legislative, and county commissioner ors. Local governments would need to district. appointed and elected officials in cities disclose to the State Ethical Practices over 50,000 population in the metro - Under the bill, cities could make Board issues on which they are politan area subject to state employee changes in precinct boundaries until lobbying. They could only have one code of ethics requirements under 2WO (instead of only until 1997), employee and either a contract t i lobb s y provisions requiring disclosure of school district elections must be held in or one association lobby on behalf of potential conflicts of interest. AH precincts and polling places established the city. by cities, counties, or townships when Under the bill, all local elected other elections are being conducted at officials and employees who make or Environment the same time or at a combined polling recommend spending or investment Wetland conservation act changes place for up to 10 precincts only in decisions would be subject to state H.F.3179 (Munger, Tunheim, V. those precincts in which no other conflict of interest disclosure and Johnson, Peterson, I. Anderson) / election is being conducted. Compan- economic interest reporting require- S.F.2724 (Stumpf) (Environment & ion H.E2672 (Rodosovich). AH ments. The bill would prohibit all Natural Resources) would make several officials and employees from accepting changes to: clarify that the wetland Ethics payments, gifts, or other benefits other conservation act applies to the state an d than gifts of nominal value, plaques, its departments; provide a broader Removal of county elected officials reimbursement for direct expenses exemption for draining and filling H.F.2538 (Weaver, Skoglund, approved in advance, or for appear- operations of wetlands within existing Abrams, Lieder, Delmont) (General ances for which the city does not public road rights -of -way; allow the Legislation) would allow a registered compensate them. The bill would set Board of Water and Soil Resources to April 8, 1994 B1 Bill summaries continued approve, as an alternative to the General government cases of elevated blood lead levels; permanent rules program, comprehen- •Identify addresses live wetland rotection and manage Bidding flexibility/service P g women. and children with elevated ment plans developed b local consideration P P Y govern- blood lead.levels;:7 ments;remove the $75 cap and fees; S.E.2750-(Vickerman).(Metropoli-.. -Provide lab or. field lead_.testing limit public notice requirements; and tan & Local Government), would allow - equipment or reimbursement for local appropriate - money. JJ a municipality to award a contract to a . lead - contamination assessments; bidder whose bid is no more than five -Prohibit paint removal orders if Permit for spreading contaminated percent higher.than the lowest bid if the lead -based paint is intact unless the soils; municipality determines that it will substance is a source of lead exposure recover the difference between the H.F.304b (I. Anderson) (Local for a specific individual and that efforts Government &.Metropolitan Affairs) by "economies in the cost of service for be made to protect a child with would prohibit the Minnesota Pollution the subject of the purchase during its elevated blood lead levels and preserve Control Agency from issuing a permit lifetime. JJ" intact paint. to spread soil that contains a harmful The bill would provide for substance generated outside of the local Recreational or social data licensing, certification, and. training for specify ld unit, unless the township board or city S.F pecif (Kamm) (Judiciary) people performing abatement activities; council of that jurisdiction has ap- wou that data on individuals require that certain abatement work be proved the proposal. JJ - collected and maintained by political done by licensed contractors; require subdivisions for enrolling individuals MPCA to propose legislation to in recreational and other social pro- conform state law to federal rules; and Finance and revenue : grams are_ private data. JJ develop lead -safe procedures for P Public debt issuance and assessment residential remodeling, renovation, S.R2884 (Pogemiller).(Taxes & Complainants' access to statements installation, and rehabilitation. AH Tax Laws) would allow public agencies S.F2843 (Ranum) (Judiciary) that administer low- income housing would modify the data practices act to personnel programs to use the Revenue Recapture specifically allow a complainant to Act. The bill would clarify hat real Management training/executive y have access to a statement he or she property acquired by local govern- provided to a state agency, statewide service ments under lease purchase agreements system, or political subdivision in H.F.2587 would elim ate co Govern s- or installment purchase contracts are connection with a complaint or charge. Operations) would eliminate commis - tax exempt, at least to the extent that against an employee. JJ sinner of employee relations approval they are not leased or subleased to any of training and would allow elected private party. The bill specifies the public officials and candidates request - treatment of municipal obligations Housing ing leaves of absence upon assuming issued to finance any unfunded liability Lead abatement elected federal or state office to submit of local relief associations, including H.F.2916 (Clark, Winter, leave requests by fascimilie. AH modifications to amortization state aid. Simoneau, Jefferson) (Health) would The proposal would modify the special amend current statutes on lead abate- Renaming unemployment assessment law to authorize on -site ment to: compensation water contaminant improvements -Expand the authority of the H.F.3053 (Perlt, Girard) (Labor - including authorizing privately owned commissioner of health to adopt Management Relations) would change water contaminant improvements; standards and abatement methods for the name of the state's unemployment allow city public or private sales of lead in soil, dust, and drinking water as compensation program to re- employ - financial instruments in a secondary well as paint and other substances; ment insurance and direct the focus of market; and authorize cities, ADAs, -Authorize the commissioner to the program to retraining and HRAs, or port authorities to make adopt a standard of 15 micrograms of re- education. JJ secured or unsecured loans to a lead per liter in drinking, water in business, prolit or nonprofit organiza- residences, schools, child care centers, public Safety tion, or an individual as part of a and all other potable water supplies; program of economic development. Dangerous dogs Conduct assessments of lead H.F3017 (Jefferson, Trimble, The bill makes several other changes in contamination sources; public finance law. JJ Peterson, Carruthers) (General Legisla- -Repeal local health department .lion, Veterans Affairs &Elections) authority to determine response to would change the definition of a B2 LMC Cities Bulletin • . Bill summaries continued dangerous dog. Currently the law completed the United States Depart- Utilities requires the dog to without provocation ment of Transportation first responder Quick take condemnation in electric have inflicted substantial bodily harm. curriculum and who have been trained The proposed law would classify to use basic life support equipment as co-op service territory dangerous dogs as any dog that without required by the Department of Health. H.F.2456 (Frerichs, Jacobs, C. provocation has bitten or otherwise JJ Brown, Jennings) (Regulated Indus - inflicted bodily harm on a human being tries) would prohibit cities from using on public or private roe The quick take condemnation when P P property. rty Municipal ambulance regulations acquiring electric co -op service definition allows nonbiting incidents of H.F.3114 (Pugh) (Health & Human territory. a lower level to meet the statutory Services) provides that, except fora The bill would require cities to definition. The bill proposes other written application to the commissioner changes to the state's dangerous dogs of health, a city seeking a license Petition the Public Utilities Commis statutes. JJ sion for interim service to locations would be exempt from the notice within the service territory in condem- hearing and commissioner decisions nation. It would apply retroactively to Ambulance attendants/first sections of state law, if the city has a pending condemnations as well as to responder training population of more than 19,000 people those begun on or after the effective S.F.2745 (Stumpf, Morse) (Health and operates, through the city fire date, which would be the day following Care) would allow the commissioner of department, the ambulance service for final enactment. AH health to allow a licensed ambulance which it seeks licensure. This bill service, until August 1, 1996, to use accommodates West St. Paul. JJ attendants who have successfully V ike to ear r10 /27 0 0 1_ p0 101 2 5 . � city code plus yo The league of Minnesota Cities would like to �" ♦1 /! encourage city officials to use the 1 -800 number. It's part of the continuing LMC commitment to provide better, more efficient services to cities in Minnesota. Calls must be made from a touchtone telephone. If you have misplaced your city code, please call the League office. For more information contact the League at 1 -800-925-1 or (6) 2) 490 5600 April 8, 1994 B3 Training/awards li'aiW Microcomputer and Information Communities & Tourism '94 g Technology Conference International City Management Environmental` Issues for MuiiftsotaSociety of CPAs Association Municipalities May- 5 June 2- 4-- Scottsdale, Bonestroo, Rosene, Anderlilt & (612) Beth Muller (202)-962 -3500 Associates, °Briggg`abd Morgan; P.A.; Northern Environmental Technologies Play It Safe: Creating a safe -.Exploring the Boundariewof April 12— Bl6omington P14yground Ehvironment Government Finance Deborah: (612) 3348449 - Minnesota Safety Council Government Finances Officers May 6--- Minneapolis Convention Association Getting Higher Value From Public Center June 5 -8— Minneapolis Funds (612)291 -9150 Minnesota Coalition forQualifli%tion (312) 977 -9700 Based Selection, Inc-' and League of North -West Metro Safe Kids Effective FacilitatiomSeminar Minnesota Cities Safety air Apri120 =fit. Louis Park y Minnesota Office of Dispute Dave Oxley: (612) 922 -9696 Minnesota Safety Council Resolution May 7 —North Memorial Medical June 21 -23 Center Roger Williams:. (612)296 -2633 Environmental Programs Center 520.5683 TDD Metro: (612) 297 -5353 International City /County Management TDD Non - metro: 1- 800 -627 -3529 Association Effective Negotiation Seminar May 4-- Atlan ta, GA Minnesota Office of Dispute Advanced Government Finance June 14— Qicago IL Resolution Institute July 21 and 22— Kansas City, KS May 10 -11 Government Finance Officers September 8--San Francisco, CA September 13 -14 Association Barbara Schwartz: (202) 962 -3539 November 16 -17 July 17 -22— Madison, WI Roger Will' g lams: 612 ( ) 296-2633 202 429 -2750 Minnesota Safety & Health ( ) TDD Metro: (612) 297 -5353 Conference TDD Non - metro: 1- 800 -627 -3529 Community Development. Institute Minnesota Safety Council University of Central Arkansas in May 291- Minneapolis Safe Kids: Alive in 2405 The First Conway 1- 800 0 -4444 -9 (b 44-9 155 or Minnesota Childhood Injury Summit July 31- August 5 0 Minnesota Safety Council Bill Miller or Lois Love Moody: 1994 Minnesota Conference on May 12 —Eden Prairie City Center (501) 450.3139 (612) 291 -9150 Volunteerism — Inspire Community America's Town Meeting Involvement: Dreams into Action Telecommunications 6th Annual National Association of Towns and '11ie Association for Volunteer Conference Townships Administration, The Upper Midwest Intergovernmental Information September 11 -13— Washington, D.C. Association of Volunteer Centers, The Systems Advisory Council (IISAC) (202) 737 -5200 Minnesota Association of May 17 -18— Bloomington Volunteer Directors, The Minnesota Jim Krautkremer: 1- 800 -652 -9747 or Office on Volunteer Services, The (612) 297 -5530 Awards Minnesota Department of Human 14th City Hall Public Information Services The Sky is the Limit: Innovative Awards Competition May 5 -6— Minneapolis Environmental Management City Hall Digest Metro: (612) 296 -4371 Strategies for the 90s Deadline: June 30, 1994 Non - metro: 1 -800 -234 -6687 National Association of Local (704) 369 -8528 Government Environmental FAX: (704) 369 -8678 Professionals June 1- 3— Washington, D.C. Sandra Garbrecht: (202) 638 -6254 B4 LMC Cities Bulletin Municipal ads continued I'MILW WORKS DIRh(11)RXITY SECRli'1'ARY. Savage is accepting FIRE TRUCK. 1071 General on a liNGINEER. Shoreview (Ix)pu lilt ion applications for it full -time Secretary II in Seagrove cab -over chassis, 1250 GPM 25, 91x)). Direct all municipal engineering the Planning /lingincering Department. pump, M gallon booster tank, diesel, 5- activities, construction projects, street/ Variety of administrative and secretarial speed manual transmission, deck gun.. utility maintenance programs, recycling, duties for personnel in the engineering and radio, siren, ladders, 10,000 miles, front trail maintenance, and forestry through four planning departments. Involves a high and side suction, many compartments, pike management staff and 23 additional degree of public contact and requires tact, a poles, pump just re- packed and tested. department employees. Manage capital courteous manner, and good judgment. Sealed bids to be opened on May 17, 1994 improvement and equipment replacement Minimum qualifications: high school at 11:00 a.m. Fairmont reserves the right to programs. $8 million annual budget. diploma or GED plus one year post reject any and all bids. Send to City of Requires BS in Civil Engineering, regis- secondary education/training; two years Fairmont, 100 Downtown Plaza, Fairmont, tered professional engineer under Minne- clerical and/or secretarial experience; and Minnesota, 56031, Attn: Truck Bid/Roger. sota state law (or ability to obtain within six ability to type 45 wpm. Must have ability For further information, contact Chief months), five years progressively respon- to learn operations and/or information Roger Carlson (507) 238 -2038 days and sible engineering experience, with at least specific to the planning/engineering (707) 238 -4577 nights. three years in municipal engineering in department. Must also possess ability to SANITARY SEWER RODDER. supervisory role. Individuals with a strong prioritize and organize responsibilities. Arden Hills has for sale one Flexible Pipe management background will he given Desired qualifications: Familiarity with Mode /SRS -2 -48 Sewer Rodder mounted on preference. Shoreview has a council/ municipal planninglengineering department a 1965 Chevrolet one -ton chassis. The manager form of government. Starting operations; knowledge of Lotus 1 -2 -3, Rodder is equipped with an auxiliary, salary range: $45.0(X)- $62,(XX), DOQ. Wordperfect, Dbase software, and other PC Wisconsin air- cooled engine, approximately Excellent benefits. Call (612) 490 -4615 for applications. Submit application to: City 500 feet of rod, and miscellaneous cutters. position profile. Submit application and of Savage, 6000 McColl Drive, Savage, Operating guide and parts books included. resume by May 23, 1994 to: Personnel MN 55378. Resumes may be included but The chassis has 64,250 miles and is in good Coordinator, City of Shoreview, 4600 N. will not be accepted in lieu of city applica- condition. Sealed bids must be received by Victoria St., Shoreview, MN 55126. EOE. tion. Deadline 4:30 p.m., Friday, April 15, 3:30 p.m. Friday, April 15, 1994 at Arden PUBLIC WORKS EMPLOYEE. 1994. Hills City Hall 1450 W. Highway 96, Arden Clarkfield is accepting applications through UTILITY BILLING CLERK. Hills, MN 55112. For more information April 15, 1994 for a fulltime public works Janesville is accepting applications through contact Dan Winkel at (612) 633 -4443. employee to work in the street, water, and April 14, 1994, for a billing clerk. The STREET SWEEPER. Clara City has sewer departments. Class D water license, utility billing clerk processes electric and for sale a 1971 Model #973 Wayne Street Class D wastewater license, and Class B water utility bills and payments; prepares Sweeper. This sweeper is a three -wheel drivers license preferred. For application usage estimates and budgets; and performs with a 318 gas engine. Sealed bids must be call (612) 669 -4435 or write City of routine to skilled clerical and receptionist received by 4:00 p.m., April 27, 1994 at Clarkfield 904 10th Ave., PO Box 278, work for the city and utility. Position city hall, PO Box 560, Clara City, MN Clarkfield, MN 56223. requires a minimum of one year clerical 56222. For more information contact PUBLIC WORKS /PARKS SUPERIN- experience with public contact and billing Roger Knapper at (612) 847 -3413. TENDENT. Falcon Heights, a Twin Cities and records maintenance using an auto- THE TOWER MARINA. Tower, suburb of 5,380 people, is hiring a public mated system. Background in bookkeeping Minnesota is now accepting sealed bids on works /parks superintendent; a working and mathematical competency is required. the Tower Marina. Bids shall be accepted supervisor providing first line supervision Bachelors degree or vocational /technical until May 11, 1994, 4:(X) p.m. Minimum to the puhlic works /park maintenance staff. training in accounting or related field bid is $245,(XX). Sealed bids should he sent Duties: assist in establishing an annual preferred. Applicants must be eligible to be or delivered to: City of Tower, City I fall, maintenance routine. schedule and delegate bonded. Benefits and competitive salary, PO Box 576, Tower, MN 55790. For more work assignments and participate in the DOQ. Send resume to City of Ianesville, information call: Tim Kotzian, Clerk/ completion of tasks and projects in 219 N. Main St.; PO Box O; Janesville, MN Treasurer (218) 753 -4070. Bid package maintenance, construction and repair of city 56048 by April 14, 1994. AA/EOE. containing appraisal, land and building parks, buildings, equipment, streets, and descriptions, photos, etc. can be purchased sanitary and storm sewer systems. Qualify- For sale for $50. Tower reserves the right to reject or cations: five years progressively responsible DUMP TRUCK. Harris is accepting accept any and/or all bids. experience in the maintenance of parks or sealed bids for the sale of a 1980 IHC single public works, includini, maintenance of axle dump truck. 3208 cat engine, five streets, storm and sanitary sewer systems; speed trans., two speed axle, complete with two years supervisory experience; commer- one way plow, side wing, and sander. To cial driver's license; high school graduate or view call (612) 6744596. Sealed bids equivalent. Salary range: $25,693- marked "Bid" will be accepted at the City $28,693.00. Application forms and job Hall, 43990 Ginger Ave., PO Box 111, descriptions available at Falcon Heights Hams, MN 55032 until 4 /29/94, 3:30 p.m.. City Hall, 2077 W. Larpenteur, Falcon Bids will be opened on 5/2194 at 7:15 p.m. Heights, MN, 55113, (612) 644 -5050. Harris reserves the right to reject any or all bids. Deadline: April 25, 1994. EOE. FIRST CLASS U.S. POSTAGE PAID ' II ' St. Paul, MN PERMIT NO. 3223 League of Minnesota Cities 3490 LeAngton Avenue North RECEj �Er St. Paul, MN 5512b -8044 O APR Phone: 612490 -5600 Fax: 6124 TDD: 612494 -9030 t 1- 800.925 -UA plus your city code The League of Minnesota Cities publishes the Cities Bulletin weekly during the = - -. J _ .- ._ _ _. . . _. Legislative session and monthly during the interim, the time between M Sessions. Subscriptions: meni err - S30; nou members -545. Contact: Publications Departrrent, League of Minnesota Cities. Where to get information at the Capitol Copies of bills House Chief Cleric's Office - 296- 2314, Rm. 211* Secretary of Senate Office - League of Minnesota Cities staff working legislative issues 296 -2343, Rm. 231* g with le g� Bill status, authors, companion, Jim. Miller, Executive Director committee referral (by bill number, author, or topic) Duke Addicks, Director of Intergovernmental Relations House Index - 296 -6646, Rm. 211* Stan Peskar; General Counsel Senate Index - 296 -2887, Pensions, Rm. 231* Gary Carlson, Senior Intergovernmental Relations Representative Weekly committee schedules, bill General. revenue sources for cities introductions, and summaries of Local government trust fund committee and floor action Aid to cities House Information Office - Property tax system 296 -2146, Rm. 175 ** Senate Information Office - Sarah Hackett, Intergovernmental Relations Representative 296 -0504, Rm. 231* Transportation. Fiscal administration of cities Recording of the following day's Economic development and redevelopment committee schedule and agenda, Government innovation and cooperation (after 4:30 p.m.) "House Call" - 296 -9283 Ann Higgins, Intergovernmental Relations Representative Senate Hotline - 296 -8088 Telecommunications Housing To reach a member on the House Elections. and ethics or Senate floor Utility _ service- districts House Sergeant at Arms - 296 -4860 Joel Jamnik, Senior Intergovernmental Relations Representative Senate Page Desk - 2964159 Growth management and land use Environmental protection To notify the governor's office of Personnel and labor relations your concerns Public safety Governor Arta: Carlson - General municipal governance 296- 3391, Rni. 130* Mary Diedrich, Legislative Secretary *State ('�yiitul, tit. Paul, NtN 5515,5 '*~lute t)trce Building, tit. i'uul 55155 Julie Joints, legislative Secretary All urra codes are 612 League of Minnesota Cities Cit ies B ulleti T 0 0 0 Number 11 April 15, 1994 House and Senate approve tax bills Time for cities to affect conference committee decisions Gary Carlson and Sarah Hackett and develop men !/redevelopment tools. need to be approved by the majority of Because of the g reat differences the members in each house. The House and Senate approved between the two bills, a conference Because the compromise bill must their respective tax bills on Wednesday, committee of five members from each be agreeable to the majority of both the April 13. Neither bill provides broad body is now comparing the bills to House and the Senate, you and your support for local aid programs, the reach one compromise bill to give to city can help influence the final local government trust fund (LGTF), the governor. The compromise bill will outcome. Although neither bill is particularly favorable for cities, each has some components that we need to City Unity Day Rally have included in the final tax bill. Contact both your Representative and Senator now. Urge them increases i n importance advocate the following provisions to the tax conferees: Duke Addicks state sales tax was imposed on city Support the restoration of the Where will the omnibus tax bill purchases at an annual cost to city entire trust fund shortfall; be on City Unity Rally Day? Will it taxpayers of more than $40 million. Support the Senate local govern - But now, the state seems ment aid (LGA) increases for still be in conference committee? unwilling to let cities even share in , I995; Will the governor be ready to veto it? the growth of revenues into the trust j Oppose the Senate elimination of Whatever the status of the tax bill, fund. the local government trust fund; when city officials come to City Also, the omnibus tax bill may Oppose the general provisions in Unity Rally Day April 21, they will make tax increment financing even the House bill penalizing tax influence it, more difficult to use. How can city increment financing (TIF). The fate of the local government councils even attempt to improve Support the TIF provisions in the trust fund will be decided this year. Even if the concept survives, it may their local economies if the major Senate bill. be so perverted by the omnibus tax incentive cities have to encourage bill that the idea of a dedicated development is further damaged? Tax bill veto likely source of state revenues for cities will The State Leg and The efforts of the House and be overwhelmed by the desire of the governor would seem to prefer cities Senate and the tax conference commit - state to use state revenue to fund only to be silent partners in the governing tee may be for naught because the of Minnesota. If you want to governor has threatened to veto an state programs. y bill Cities gave up a lot to get the continue to have a voice, attend the City Unity Day Rally. We can either See Tax bill, page S I trust fund. Cities encouraged counties to vote to increase the sales give in to the despair ,vhich many Route to: tax by one -half cent. Cities did not city officials already experienced or object when, as part of the eompro- strongly speak out in a unified voice raise to establish the trust fund, the for our future. See registration page — 7.0 1994 top issues The League of Minnesota Cities has Contents eight priority issues for the 1994 legislative session. We will include House and Senate approve tax bills ............ ............................... 1 this list every week with a page City Unity Day Rally increases in importance .......................... 1 number after the issue if we include a Ethics in government bill becomes law ...... ............................... 3 story. Term limits: Send letters to the editor now .............................. 3 Action Alert: Eliminate expensive stormwater regs .................. 4 State Aid to Cities - Preserve 1994 level and seek additional funding for Voteon tax bills .......................................... ............................... 5 future years for LGA and HACA. Finance updates revenue estimates ............. ............................... 6 Don't miss rally day Thursday 7 /page 1 Road projects: New requirements take effect ............................ 8 New water quality rules adopted .. 8 Local Government Trust Fund - .............. ............................... Help students attend city leadership seminar ................... Stabilize the LGTF and resolve the Nominations open for LMC board of directors ......................... 9 current shortfall. /page I LMC Nominations Committee guidelines for 1994 .................. 9 DOT requires localities to conduct drug and Open Meeting Law - Clarify require - alcohol testing ,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 10 menu and permit defense of alleged ............................... Nominations deadline extended for C.C. Ludwig violations. and Leadership Awards .......................... ............................... 10 Congressional committee improves safe drinking water bill .. 10 Annexation - Preserve 199 2 annex- . ation amendments, expand cities Training/awards ........................................ ............................... 12 City Achievement Awards ........................ ............................... 13 .ability to annex urban or urbanizing ............................. 14 areas, and control growth in nonurban Municipal ads ............. ....... ......................... areas. Landfill Cleanup - Establish new program separate from Superfund to clean up closed municipal landfills. Public Employment Labor Rela- tions Act - Reform PELRA's interest arbitration provisions to balance the bargaining power of essential and nonessential public employees. Development/Redevelopment - The Cities Bulletin is a publication of the League of Minnesota Cities and Remove the aid penalties on TIF for includes an update of state legislative, administrative, and congressional actions that affect manufacturing and redevelopment cities. It also includes reviews of metropolitan area issues by the Association of Mclropoli- tan Municipalities. The Cities Bulletin lists authors of bill summaries and some articles by districts; obtain additional funding for theirinitial`. pollution clean -up. / page I League legislative staff members are available to answer your questions concern - ing legislation relating to cities. Transportation Systems Funding - Increase funding for roads and transit Executive Director Editors Typesetting and design by extending the sales tax to gasoline; Jim Miller Jean Mehle Goad Gayle Brodt or increase the gas tax and establish Tim Busse Laurie Audette dedicated revenue for transit. League of Minnesota Cities, 3490 Lexington Avenue North, St. Paul, MN 55126 Phone: (612) 490 -5600; Fax: (612) 490 -0072; TDD: (612) 490 -9030; 1 -800 -925 -1122, plus your city code. Printed on recycled paper Page 2 LMC Cities Bulletin Ethics in government bill becomes law Stanley Peskar Advice, consultations, information, keep track of those gifts which are A new law takes effect August 1, Coitntmications about legislation, legal, i.e. food or beverages given to l99.1 lorbidding lobbyists and inlcr :uul services to constituents of Irgislalors or local officials who come ested persons from staking "gills." It legislators: to functions and provide: speeches or applies to the person making the gift Services of insignificant monetary answer questions. and any person or entity on whose value; These reports would only require behalf the giver is giving the gift. A plaque or other similar recogni- one to show an aggregate amount It also prohibits government tion memento; listing the nature of the gift and the officials front accepting gifts from A trinket or memento of insignifi- amount given to members of the lobbyists or interested persons. It cant value; Legislature and to any members of applies to legislators and other public Information or material of unex- each governing body. This reporting officials, employees of the Legislature, ceptional value; requirement does not seem to apply to or local officials of a metropolitan Food or beverages away from the persons not registered as lobbyists even governmental unit, which includes recipient's place of work given by though they might be "interested cities with populations over 50,000 in an organization before whom the persons" under the act. the seven- county metropolitan area. recipient appears to make a speech Pending legislation may decide Those forbidden to receive gifts or answer questions; whether or not these provisions are to from interested persons include elected Gifts to groups of which the be enforced by the Ethical Practices or appointed officials of cities and recipient is a member and that Board, by local prosecuting attorneys, counties and of their agencies, authori- person's share of the gift is no or both. ties, or instrumentalities like the more than other members of the It seems unlikely that any gift League of Minnesota Cities. "Inter- group or where a giver and could be found in a situation where ested person" is one who either recipient are members of the same officials receive meals and services in personally or on behalf of his or her family. return for a registration fee. It would principal has a direct financial interest The bill also requires a lobbyist to also seem that no gift is involved and in a decision that a local official has report gifts of $5 or more that the that consideration has been paid where authority to make. lobbyist or the lobbyist's principal or a political subdivision pays dues to an Exceptions to the prohibition agent gave or paid to any public or organization and services are primarily a J iinst 1 , ifts for both city local official (including elected or provided to the political subdivision E o y and county appointed city officials). and incidentally to the official of a officials include the following: • A campaign contribution under At first this seems anomalous since subdivision. League services also fall 10A.0 p subd. 7 or ution n most gifts are forbidden. However, it into a specific exception to assist an subd. 5; probably means that the lobbyist must official in the performance of official duties. 0 Term limits: Send letters to the editor now Arun Higgins Don't let anyone limit your vote. Term Limits presented their views to City officials and local voters can This is the message being voiced city officials at the League's Legisla- support legislators who are opposing by the Minnesota League of Women tive Conference on March 24. It was well - financed efforts to get a proposal Voters which has taken a strong clear from the response of city officials for a constitutional amendment to leadership role against term limits. who spoke and questioned presenters impose term limits on the ballot next Term limits arbitrarily eliminate during the program that there is strong November. Take time this week to experienced, knowledgeable elected opposition to term limits among city write a letter to the editor and encour- officials and elevate inexperienced elected officials. Please take time age others to do so as well. Point out officeholders to positions of leadership NOW to express those views in letters the serious threat posed by attempts to with little preparation. The right to to the editor and let your local legisla- restrict voters' right to decide which elect your own representatives at all tors know how important you think this candidates to support. The constitu- levels of government is an individual issue is to the quality oi' government in tional right to elect officials chosen by right as old as our nation. Minnesota. voters at the local level is fundamental Representatives of the League of to a democratic system of government. Women Voters and Minnesotans for April 15, 1994 Page 3 Action alert: Eliminate expensive stormwater regs Joel Jamnik Further, a recent National League approximately 200 cities could be We ask you to call or write your of Cities report demonstrates that covered by the definition. Congressional representatives regard- effective watershed management and This provision would certainly ing proposed dean water act amend- nonpoint pollution prevention pro- "hook" all metropolitan area cities as ments that affect stormwater. grams can achieve improvements in well as most regional service cities and Current law mandates that all cities stormwater at a much lower cost. all of their "suburbs." While this implement expensive stormwater Specifically, the House bill lifts the alternative would be better than programs that may, as interpreted by requirement for some cities, but retains requiring permits from all 856 cities, it the 1?nvironmental Protection Agency the mandate for any city located in an would be extremely costly. (EPA), require citywide collection and urban area having a population over Call or write your House member. treatment programs and capital 50,000. We don't have a list of the Ask for an amendment of H.R.3948 to projects. Minnesota cities which would still be exempt all cities from the stormwater Cities are asking Congress to act required to obtain permits under the permit requirements currently nian- soon to reduce or eliminate this new language, but we estimate that dated by the clean water act. 0 unfunded mandate which will become effective October 1, 1994. Cities also request that the Representative ,Tim Ramstad Local: stormwater provisions in the clean 322 Cannon House Office Bldg. Federal Bldg. water act amendments: Washington, DC 20515 714 Lake Ave., Ste. 107 • Do not extend federal permit (202) 225-2871 Detroit Lakes, MN 56501 requirements beyond the current Local. (218) 847 -3481 8120 Penn Ave. So., Ste. 152 requirements for cities over Bloomington, MN 55431 Representative James Oberstar 100,000 population, and 881 -4600 2366 Rayburn House Office Bldg. • Do not require costly programs Washington, DC 20515 that provide little water quality Representative Bruce Vento '(202) 225 -6211 benefits. 2304 Rayburn House Office Bldg. Local: The Senate bill (S.1114) as Washington. DC 20515 Brainerd City Hall, (218) 828 -4400 currently drafted is bad. It grants only (202) 225 -6631 Chisholm City Hall, (218) 254 -5641 partial relief from the proposed Local. 231 Federal Bldg. P.O. Box 100, 175 E. 5th St., Ste. 721, Duluth, MN 55802 mandate. The House version St. Paul, MN 55101 727 -7474 2240 -4503 (H.R.3948) is awful. (218) As introduced, H.R.3948, would Representative Timothy .l. Penny only slightly modify the current federal Representative Martin Sabo 436 Cannon House Office Bldg. mandate that all cities implement 2336 Rayburn House Office Bldg. Washington, DC 20515 expensive stormwater management Washington, DC 20515 (202) 225 -2472 programs beginning October 1, 1994. (202) 225 -4755 Local: Cities with populations greater than Local: 108 W. Park Square 100,000 have already been subject to 462 Federal Courts Bldg. Owatonna, MN 55060 Minneapolis, MN 55401 the federal permit and program 348 -1649 Representative Dave Minge requirements. 1508 Longworth House Office Bldg. At the heart of the controversy is Representative Rod Grams Washington, DC 20515 whether stormwater runoff should meet 1713 Longworth House Office Bldg. (202) 225 -2331 water quality standards similar to those Washington, DC 20515 Local: applied to point source discharges such (202) 225 -2271 542 1 st Ave. So. as sewage treatment facilities. Local: Montevideo, MN 56265 Proponents for the requirements 2013 2nd Ave. No. 1- 269 -9311 have said that nonpoint source pollu- Anoka, MN 55303 103 E. 3rd St. lion does occur. However, according to 427 -5921 Chaska, MN 55318 1 -448 -6567 the EPA, urban stormwater runoff Representative Collin Peterson 938 4th Ave. accounts for less than 15 percent of the 1133 Longworth House Office Bldg. Windom, MN 56101 pollution in our lakes and streams. The Washington, DC 20515 (507) 831 -0115 other 85 percent comes from agricul- (202) 225 -2165 tural runoff and other unregulated activities. Page 4 LMC Cities Bulletin Although the current LGA formula changes. The Abrams amendment was Tax bill continued from page 1 includes many concepts contained in defeated by a 79 to 54 vote. the original LMC formula, the Legisla- containing a tax increase. The issue ture changed several important Senate bill appears to be focused on the federal features. These legislative changes The Senate bill addresses the trust income tax conformity provisions in altered the distribution of LGA, and fund shortfall by appropriating up to both the House and Senate bills. several city groups opposed the See LGTF /LGA Federal conformity will result in tax ,page 6 increases for certain higher income Social Security recipients and the loss of tax deductibility for certain Vote on tax bills expenses. Although the House and Senate HOUSE TAX BILL could override a veto or present a new, Affirmative: acceptable bill to the governor, several Anderson, 1. Evans Kelley Murphy Sarna senators have stressed that they will Anderson, R. Garcia Kelso Neary Seagren offer the governor only one tax bill this Battaglia Goodno Kinkel Ness Sekhon legislative session. If the bill is vetoed Bauerly Greenfield Klinzing Olson, E. Simoneau Beard Greiling Krueger Olson, K. Skoglund and none is passed, cities and counties Bergson Hasskamp Lasley Onnen Smith w face substantial cuts in LGA and Bertram Hugoson Lieder Opatz Solberg homestead and agricultural credit aid Brown, C. Huntley Long Orfield Steensma (HACA) this December and will see no Brown K. Jacobs Lourey Ostrom Swenson Carlson Jams Luther Ozment Tomassoni increase in 1995. Carruthers Jefferson Macklin Peterson Tunheim Clark Jennings Mahon Pugh Vellegna Cooper Johnson, A. Mariani Reding Local government trust fund Dauner Johnson, R. McGuire Rest Wej a cman W a n and local government aid Dawkins Johnson, V. Milbert Rice Wenzel Delmont Kahn Mosel Rodosovich Winter House bill Dorn Kalis Munger Rukavina The House bill includes a provi- Negative: sion that will fully fund 1994 LGA and Abrams Finseth Krinkie Olson, M. Tompkins HACA. However, cities could still Asch Frerichs Leppik Orenstein Van Dellen Bettermann Girard Limmer Pauly Van Engen have December LGA and HACA Bishop Gruenes Lindner Pawlenty Vickerntan payments reduced under the House bill Commcrs Gulknecht Lynch Pelowski Waltman if the November deficit projection Davids Haukoos McCollum Perlt Weaver exceeds approximately $35.7 million. Dehler Holsten Molnau Rhodes Wolf Dempsey Knickerbocker Morrison Stanius Worke Although the current deficit projection Erhardt Knight Nelson Sviggum Workman is $29.5 million, the House tax bill Farrell Koppendrayer increases this deficit to slightly more Abstain: than $35 million because of provisions Hausman Osthoff Trimble that erode local government trust fund revenues. While the House tax bill maintains SENATE, TAX BILL the local government trust fund, the Affirmative: trust fund shenanigans continue. It Adkins Cohen Kelly Metzen Ranum Anderson Day Knutson Moe, R.D. Reichgott lunge uses none of the $91 million in revenue Beckman Dille Krentz Mondale Sams growth projected for next biennium to Belanger Flynn Kroening Morse Samuelson increase LGA or HACA. It uses part of Berg Hanson Langseth Murphy Solon the revenue growth to repay the current Berglin Hettinger Larson Pappas Spear Bertram Janezich Lessard Piper Stumpf trust fund deficit and to expand several Betzold Johnson, D.J. Luther Pogemiller Vickernwn non -city property tax relief programs. Chandler Johnson, J.B. Merriam Price Wiener On the House floor, Representative Chmielewski Ron Abrams (IR- Minnetonka) offered Negative: an amendment that would have Benson, D. D. Johnson, D. E. Lesewski Olson Runbeck replaced the current LGA formula with Benson, J. E. Johnston Many Pariseau Stevens Finn Kiscaden Neuville Robertson Terwilliger the League's original LGA formula. Frederickson Laidig Oliver April 15, 1994 Page 5 LGTF/LGA, The Senate bill uses the implicit price Tax increment financing, deflator (IPD) for governmental continued from page 5 services as the LGA index. The IPD is job creation, and pollution $29.5 million directly from the general supposed to measure the increased cost clean -up fund. Unfortunately, the LGTF deficit of providing governmental services. projections could increase in Novem- The Senate also placed a maximum and House bill ber. Any deficit over the current $29.5 minimum on the index increase at 5.0 With the exception of several projection would lead to automatic cuts and 2.5 percent, respectively. The special provisions for individual cities, in LGA and HACA. index would provide cities with about the House bill is still one of the most The Senate bill would repeal the an $8.3 million increase in the LGA anti -city development/redevelopment local overn appropriation for 1995 which would be bills in man ears. Although we ho ment trust fund and g replace Y Y e g P P it with an automatic, annual inflation distributed through the current LGA that all city officials will hold their index on the total LGA appropriation. formula. representatives accountable for their acceptance of these harsh provisions. (See vote on tax bills, page 5.) Finance updates revenue estimates One of the worst provisions would require county approval for all new TIF districts and for most plan modifica- Gary arlson by November. The November state rY tions. A county would have the budget forecast will be used to authority to decide to allow the project The Department of Finance dete rmine e th size of an automatic Y to use all or art of the county's tax rate P Y released the April economic update LGA and HACA cuts. to generate tax increments for the showing that total revenues into the Both the Senate and the House project, and could determine how long state's general fund were up slightly tax bills contain provisions to fund the tax rate could be used. This would over forecast estimates for February the LGTF deficit and avoid LGA bring tremendous uncertainty into the and March. Unfortunately, collec- and HACA reductions this Decem- financing of projects. Most projects tions for the sales tax and motor ber. Unfortunately, both bills limit could not proceed without using the vehicle excise tax (MVET) were less the amount of the shortfall that county tax rate, and political leveraging than the forecasted amounts. Ap- would be covered. Even if the could become common. proximately 30 percent of the sales governor signs a tax committee New annually calculated volume tax and the MVET collections are the compromise containinc either the caps would limit the amount of a city's source for local government trust House or the Senate provisions, a tax capacity that could be captured in a fund revenues. larger deficit in November would TIF district. Approximately 10 cities Although this two -month mean that city LGA and HACA would be immediately prohibited from snapshot does not necessarily indicate could still be reduced. If the using TIF, others would have only a long -term trend, it certainly does governor vetoes the tax bill and no limited TIF capacity left. The calcu- not indicate that the current LGTF other LGTF compromise is reached, lated limit would be proportionally shortfall will significantly decrease hold on to your hats. 0 lower in cities with large tax bases, higher in cities with small tax bases. All cities would be allowed at least five Tax Source Variance (in millions) Percent Variance percent of their tax base for TIF. In -- addition, a five percent volume cap Individual Income Tax +$22.2 +4.4% would be placed on counties and towns. Counties with large amounts of Net Sales Tax -2.3 -0 % existing TIF, therefore, could not allow - -- their tax rate to be used in future TIF Corporate Income Tax +6.2 +4.0% projects. i -- _- - -- -- - - The bill creates a new penalty for Motor Vehicle Excise Tax -9.9 -17.9% future districts that would be exempt from the LGA /HACA penalty. They Other taxes and revenues •4-14.3 +8.5% would need to make a "local contribu- - - - -- - - - - -- - -- tion" of non -TIF revenues equal to five Total +30.5 +2.4 %v percent of the total project increment. Page 6 LMC Cities Bulletin New manufacturing TIF districts (created after June 30, 1994) would be exempt from the LGA/HACA aid Don't miss rally day Thursday penalty only if: 1) the county and school district approve, and 2) the school district agrees to forfeit future City Unity Day Rally April 21st school aid increases. The House bill also strengthens the Schedule of events: "but -for" test, tightens income limits for TIF housing projects, and repeals the income limit exemption that is Meet at the Kelly Inn near the State Capitol in St. Paul currently granted for interest rate reduction program projects. 9:00 a.m. Coffee and rolls 9:30 to 11:30 a.m. Briefing Senate bill Then walk to the Capitol to confront our legislators outside There is a great deal of genuine the Senate and House chambers. support for TIF among Senators. In a broad attempt to repair some of the damage caused by the 1990 TIF Find out how the Legislature will affect cities in the closing days restrictions, this bill removes the LGA/ of the 1994 session. Tell your legislators how they can help cities HACA penalties from many districts. achieve fiscal stability and improve their local economies. This The penalties would be lifted for: will be the critical time when the omnibus tax bill which may or • Redevelopment districts created may not deal adequately with our issues is being finalized. Your since April 30, 1990 and in the future; presence will strongly influence the outcome of this legislative • Economic development districts session. created after June 30, 1994; • Low - income housing districts Return the registration below to the League. created after August 1, 1993; _—__—____._______________ • All hazardous substance subdis- Yes! We're coming to St. Paul to the League of tricts created after August I, 1993; and Minnesota Cities City Unity Day Rally. • Certain soils condition districts created after June 30, 1994. City (please print or type) Other encouraging provisions include extending the length of Name economic development districts created after June 30, 1994 to 25 years (cur- rently eight years), and allowing Name interest rate reduction programs to collect 15 years of increment (currently Name 12 years). Eligibility for contamination clean- Registration fee is $5. (Please make advance registration if at all Lip grants would no longer require a local non -TIF funding match equal to possible so we can have an adequate number of briefing papers.) 18 percent of clean -up costs. The Make check payable and mail to: ability to use soils condition districts would be expanded to allow TIF to be League of Minnesota Cities used to remediate petroleum pollution Attn: Finance Department in certain cases. 3490 Lexington Avenue North Both the House and Senate bills St. Paul, MN 55126 eliminate the ability to use economic development TIF for commercial or retail in cities under 5,000. 0 April 15, 1994 Page 7 Road ro'ects: New New water p J re quality rules requirements take i q effect qual Cities need authorization to discharge stormwater for ad opte d road projects Cities need to get a Minnesota Pollution Control Agency general permit Joel Jamnik authorization to discharge stormwater for all road projects (including federal aid and state aid) which disturb five acres or more. If the roadway surface is The Minnesota Pollution Control removed, this area is also counted as a disturbed area and included in the five- Agency on April 11 published notice in acre qualification. Plans for projects which require a permit must contain the State Register that the rules provisions for temporary and permanent erosion and sediment control proposed on January 19 last year have These requirements also apply for other construction activity which been adopted with a few minor disturbs five acres or more. 0 modifications. The rules include requirements for animal feedlots and New taw prohibits toxic ingredients in paints activities impacting wetlands. Thank - The law says: After July 1, 1994, no person may deliberate) fully, wetlands provisions are consis- P y y introduce tent with the Wetland Conservation Act lead, cadmium, mercury, or hexavalent chromium into any dye, paint, or and its rules. 0 fungicide that is intended for use or sale in this state. This section does not apply to art supplies. The statute applies particularly to paint used for bridges and pavement markings. Cities may wish to include this requirement in bid specifications for paint supplies. 0 Help students attend �� N city leadershi p seminar The National League of Cities Students must be nominated by urges cities to sponsor a student to a mayor or highest ranking public I����"��� attend a one -week academic official. The mayor who nominates seminar for college students the student must agree to find interested in careers in city sponsorship for the student for the hi)rhnknk�hij)t and government. amount of the program fee of $1,500 Acack-7nic Scininar NLC and the Washington and help with transportation costs. - - -- Center recently announced a new Applications for the program are LMC, (612) 490 -5600 if you are program, Leadership for America's due by June 30, 1994 to the interested in this program. Cities. It will give outstanding Washington Center. For more information on students a chance to meet city The League of Minnesota Cities eligibility, applications procedures, leaders and study the major issues will serve as a clearinghouse for sponsorship, and program affecting cities. The seminar will students who are interested in finding components, please contact Laura take place November 25 through a sponsoring mayor, and cities who Hudson, director of academic December 4, 1994 in conjunction would be willing to sponsor a student. seminars, the Washington Center with the NLC Congress of Cities in Contact Jim Miller, executive director, 1- 800 - 486 -8921. Minneapolis. Page S LMC Cities Bulletin Nominations open for LMC board of directors Volunteers for nominating committee sought Nominations ;ire now open for City officials interested in serving To request a nomination form or positions as officers and board on the nominating committee should to volunteer for the nominating members with the League of Minne- contact LMC Executive Director Jim committee, contact Jim Miller at the sota Cities. Nominations are due June Miller. The LMC board will appoint LMC office at (612) 490 -5600 or 1, and elections will take place the committee at its May 18 meeting. 1 -800- 925 -1122 plus your city code. Thursday, June 9 at the LMC Annual Applications to serve on the commit - Conference in St. Paul. tee will be accepted until the morning League members will elect a of May 18. president, a first vice president, and a second vice president. Officers are elected to one -year terms, however LMC Nominating Committee Guidelines for 1994 current LMC president Chuck These guidelines are in effect for 1994 only. The League's Futures Winkelman is eligible to seek the Committee will evaluate these procedures as a part of the strategic planning office again for 1994 -1995. process which the committee will begin this summer. Winkelman is now serving the unexpired term of past president Lee 1. Population who was appointed to fill one Swanson who lost his reelection bid Board members should come year or less of an unexpired for mayor last November. from cities of differing popula- term may be recommended for Four board positions expire in tions so that interests unique to his or her own term. Current or June. Up for election are seats certain size communities may past board members are eligible currently held by Desy) Peterson, be represented. for officer positions or to Minnetonka city attorney; Todd 2. Geography complete an unexpired board Prafke, Quad Cities administrator; The nominations should term. Betty Sindt, Lakeville councilmember generally be recommended to 6. Process and; John Young, Hawley mayor. the membership taking into Prior to convening, the nominat- Officials elected to fill these account the goal of balancing ing committee chair, LMC positions will serve until June 1997. representation from Greater president, and executive director Candidates must complete a Minnesota and the metropolitan will determine how much time nomination form and submit a brief area. For the 1994 election, will be allocated to each resume. The nomination form asks preference shall be given to candidate for that year. This candidates to list previous experience candidates from Minneapolis will be based on the number of on LMC committees, conferences, and and St. Paul, to the extent there applicants expressing interest at affiliate organizations. Local service are interested candidates from least one week prior to the in city government is also an impor- those cities and vacancies exist Nominating Committee meeting tant aspect that will be considered. which would normally be filled and will be conveyed to those The League will accept nomina- by metro area officials. individuals. Persons who have tions until June 1. An important 3. Gender not notified the League of their change in this year's format is that the Every effort should be made to candidacy by that deadline will nominating committee will not ensure equal gender representa- not be considered. Candidates interview walk -in candidates. Candi- tion on the board. will be informed that their dates for board seats must declare their 4. Position presentation will be confined to candidacy by June 1. Elected officials should fill a that time limit, but may be The first step in electing new majority of seats. Full -time divided as the candidate sees board members is the appointment of a appointed officials from a appropriate, including seconding Nominating Committee. The commit- variety of positions (clerks, city speeches. tee will interview candidates Wednes- managers, attorneys, etc.) 7. For the 1994 election, the day, June 8 at the I.MC Annual should be represented on the Nominating Committee may, at Conference in St. Paul and will present board, its discretion, nominate two their recommended candidates to 5. Term candidates for either or both member cities at the LMC business Board members should serve vice president positions. meeting on June 9. only one term. A board member April 15, 1994 Page 9 The latest unfunded mandate: DOT requires localities to conduct drug and alcohol testing by Shannon Fountain and Mary- Margaret Larmouth Although efforts to consider the Q. Who will do the testing? Q. What are the consequences of costs of regulations to state and local Local governments are responsible for noncompliance? governments have begun, costly implementing and conducting the Compliance with federal rules is mandates continue to be imposed. On testing programs. They may do this imperative. Actions, including civil February 4, the U.S. Department of using their own employees, contract penalties and fines, may be taken Transportation handed down its 1994 services, or joining a consortium of against local governments who do not Final rules updating the Omnibus local governments. comply with the regulations. Local Transportation Employee Testing Act governments who are recipients of of 1991. These rules mandate drug and Q. How much will this mandate cost federal transit funds may jeopardize alcohol testing of mass transit employ- municipalities? their funding if they fail to follow the ees and drivers with commercial The department has stated that the costs rules. drivers licenses in safety- sensitive of implementation will be high for positions. Virtually all municipalities municipalities and the transportation Q. When are alcohol and drug tests will be affected. industry as a whole. It is estimated that required? the new regulations will cost the Pre - employment -- conducted Q. Which municipal employees will transportation industry nearly $200 before applicants are hired or the rules cover? million annually. No estimates of the after an offer to hire are required The rules require testing of municipal costs to local governments have been when employees transfer to a public transit employees including released to date. safety- sensitive position. drivers of sanitation vehicles, local Post - accident -- conducted after school bus drivers, subway operators, accidents on employees whose Q. When do the rules go into effect. ? performance could have employees who are required to hold a P' � The rules go into effect January 1, 1995 contributed to the accident. commercial driver's license, and even for local governments with 50 or more mechanics and other transportation Reasonable suspicion - -con- workers who are in safety - sensitive employees in safety- sensitive positions. ducted when a trained supervisor positions. Q. Will smaller governments be observes behavior or appearance affected differently than larger that is characteristic of alcohol Q. Which municipal employees will governments? misuse. • Random -- conducted on a be exempt from the rules? January 1, 1996 is the effective date for random unannounced basis. The department has defined three local governments with less than 50 exemption categories to date: employees in safety- sensitive positions. Q How will random testing work? • Emergency medical vehicle The department encourages smaller drivers and workers governments to form consortiums to Random alcohol testing must be • Agriculture- related vehicle implement the random drug tests, conducted just before, during, or just drivers and workers whereby local governments with less after an employee's performance of • Military vehicle drivers and than 50 safety - sensitive employees may number random duties. Each year, the n personnel form a pool of workers covered by the number r o of rom tests conducted by Employees of the first two rules and randomly draw from that the employer must equal percent of all the safety- sensitive at least 25 categories may be subject to the rules if pool the state government decides to require employees. them to hold commercial driver's Q. Will these rules pre -empt state These rules provide for adjust - licenses. and local drug and alcohol testing ments to the annual random testing rate requirements and procedures? based on the violations in each local Q. Who will pay for the Yes. The rules specifically preempt government. If the violation rate in a implementation of the rules? inconsistent state and local laws. given year is one percent or greater, the Local governments must fund the drug Therefore, to the extent that local laws annual testing rate requirement and alcohol tests. No federal dollars are inconsistent, local governments increases to 50 percent. If the violation will be earmarked for operating cost of must comply with Federal rate is less than 0.5 percent for two theses regulations. requirements. consecutive years, the random testing Page 10 LMC Cities Bulletin rate may be lowered to 10 percent. If the violation rate is 0.5 to one percent, the random rate remains at 25 percent. Nominations deadline extended for 1994 Random dru« testing does not have to be conducted in immediate time C. C. Ludwig and Leadership Awards proximity to performing safety- Nominations will remain open until April 29,1994 for the C. C. Ludwig sensitive functions. The first year, the Award honoring elected city officials and the Leadership Award honoring number of random tests must equal at appointed city officials. least 50 percent of the safety- sensitive employees. If the positive rate for two The awards recognize outstanding leadership and the pursuit of excellence consecutive years is less than one in municipal government, along with unselfish concern for public welfare. percent, the random testing rate would These prestigious awards will be presented at the League's Annual decrease to 25 percent. If the positive Conference, June 7 -10, in St. Paul. rate if one percent or greater in any given year, the random rate would be For a copy of the rules, instructions, nomination form, or for more 50 percent, information call Darlyne Lang at the League office (612) 490 -5600 or Q. When is performance of safety - 1 -800- 925 -1122 plus your city code. sensitive functions prohibited? • While having an alcohol concentration of 0.04 or greater Congressional committee improves as indicated by an alcohol breath test safe drinking water bill • While using alcohol • Within four hours (eight hours Joel Jamnik The NRDC has been instru- for flight crew members) after The Senate Environment and mental in promoting other expen- using alcohol Public Works Committee recently sive environmental mandates such passed recommended amendments as stormwater regulations for Q. Under what circumstances is drug to the safe drinking water act cities. The NRDC does not seem use prohibited? (SDWA). As amended, 5.1547 restrained by any cost estimates The drug rules prohibit any (Sen. Max Baucus, D- Mont., which are developed by the unauthorized use of the controlled Chair) would delete the current regulated groups nor deterred by substances, on or off duty. SDWA requirement that the evidence that their proposals will Environmental Protection Agency not achieve equivalent improve - Q. How will municipalities conduct (EPA) regulate 25 new contami- ments in environmental quality or alcohol testing? nants every three years. The bill public safety. instead would require EPA to Other provisions of the required ed for t f -t for devices would be review 15 new contaminants amended bill would allow states to requirhe alcohol testing. within three years of the bill's develop alternative monitoring enactment and seven new contami- requirements for contaminants; Q. How will municipalities conduct nants every five years after that. delete fee provisions; and delete a drug testing? EPA need to demonstrate why they citizen suit provision (but allows Drug testing is conducted by analyzing should not regulate any of the some litigation to determine the an employee's urine specimen. The selected contaminants. adequacy of other penalties in the analysis is performed at laboratories While this procedure seems act). certified and monitored by the backward in that it requires EPA to In short, the Baucus bill Department of Health and Human specifically exclude rather than represents a substantial improve - Services. include new contaminants into the ment to the SDWA from the { standards, it demonstrates the municipal perspective. The bill Reprinted from Nation's Cities IJ strength of environmental lobbying now goes to the floor of the Weekly, March 21, 1994. groups in Washington, most Senate. NLC and other municipal notably the Natural Resources associations are expected to seek Defense Council (NRDC). further improvements to the bill. 0 April 15, 1994 i! Page 11 Training/awards Training Fifth Annual Transportation 5pringsted training Research Conference Loss Control Workshops League of Minnesota Cities scholarship available to Center for Transportation Studies May 12 -13— Minneapolis Insurance Trust local officials Lori Grave: (612) 625 -9023 April 20— Crookston The League of Minnesota Cities April 21— Hibbing April 27 —St. Louis Park encourages local officials to apply Telecommunications 6th Annual for the Springsted training scholar- Conference May 4 -- Marshall g overnmental Information May 5—Austin ship which provides funds to Local Inter Lynda Woulfe or Ellen Longfellow: government officials to cover the Systems Advisory Council (IISAC) cost of training that will help them in May 17 -18— Bloomington (612) 490 -56On g p their positions. Jim Krautkremer: 1- 800 -652 -9747 or The Evolving Workplace: Exploring For more information call (612) 297 -5530 Changes in Workplace Culture Sharon Klumpp at (612) 490 -5600. 0 League of Minnesota Cities Twin City Area Labor Management ____ _ __ ______ Legislative Wrap -up Sessions Council 4 League of Minnesota Cities May 4— Minneapolis Microcomputer and Information May 23— Betnidji (612) 624 -5218 Technology Conference May 24 —St. Cloud Minnesota Society of CPAs May 25— Mankato Environmental Programs May 5— Minneapolis May 26— Burnsville International City /County Management (612) 831 -2707 (612) 490 -5600 Association May 4— Atlanta, GA Play it Safe: Creating a Safe League of Minnesota Cities Annual June 14— Chicago, IL Playground Environment Conference July 21 and 22— Kansas City, KS Minnesota Safety Council League of Minnesota Cities September 8-San Francisco, CA May 6— Minneapolis Convention June 7- 10—St. Paul Barbara Schwartz: (202) 962 -3539 Center (612) 490 -5600 (612) 291 -9150 Minnesota Safety & Health Awards Conference North -West Metro Safe Kids Minnesota Safety Council Safety Fair A National Competition: Culture May 4 -6— Minneapolis Minnesota Safety Council Builds Community Best Practice (612) 291 -9150 or May 7 —North Memorial Medical Competition 1 -800- 444 -9150 Center International City /County Management (612) 520 -5683 Association 1994 Minnesota Conference on Deadline: May 27, 1994 Volunteerism— Inspire Community Effective Negotiation Seminar Beth Miller: (202) 962 -3652 Involvement: Dreams into Action Minnesota Office of Dispute The Association for Volunteer Resolution 14th City Hall Public Information Administration, The Upper Midwest May 10 -1 1 Awards Competition Association of Volunteer Centers, The September 13 -14 City Hall Digest Minnesota Association of November 16 -17 Deadline: June 30, 1994 Volunteer Directors, The Minnesota Roger Williams: (612) 296 -2633 (704) 369 -8528 Office on Volunteer Services, The TDD Metro: (612) 297 -5353 FAX: (704) 369 -8678 Minnesota Department of Human TDD Non- metro: 1- 800 - 627 -3529 Services May 5 -6— Minneapolis Safe Kids: Alive in 2005 The First Metro: (612) 296 -4371 Minnesota Childhood Injury Summit Non - metro: 1- 800 - 234 -6687 Minnesota Safety Council May 12 —Eden Prairie City Center (612) 291 -9150 Page 12 LMC Cities Bulletin Lettue ©finnesvta pities . QQA Ci V leW__ �� Wa About the awards 3490 Lexington Avenue North, St. Paul, MN 55126 - 8044. '' Eligibility: All member cities are eligible to Judging: Judges will include experts from to recognize and submit entries. the various category fields and city and state What to enter: You may enter materials, officials. If there are a large number of encourage innovation plans, or projects the city has produced or entries in a category, a panel of League staff been involved in between January 1, 1993 will do a preliminary screening. (/�,, and April 15, 1994 Judges may select one award for each and eXceffence Preparing your entry: Submit two copies population group (over 10,000 and under of your entry materials and two copies of the 10,000) in each category. If the quality of in citlJgovernment entry form and entry information. entries in a category do not meet the judging Complete a separate entry form for each standards, judges have the right to withhold the League of entry. awards. Choose the appropriate categories. Judges will provide written feedback on Submit entries in a three -ring binder or a each entry. Minnesota Cities packet portfolio (folder). Judging criteria will include quality, Include support material. planning and research, meeting stated Entry information: Include the following objectives, adherence to professional is presenting the information: standards, quality of materials, program, u Category allocation of budget, use of personnel and 194 Cit1 Achieve- Description of the entry other resources, innovativeness, effective- Strategy (purpose /process) ness, an applicability to other cities. meet .�`L �(7�� war d s Goals /objectives Return of entries: The League will return . Implementation one copy of your entry and evaluations after Budget the League's annual conference in June. Results /evaluation /applicability to other Display of entries: All winning entries will cities be displayed at the LMC annual conference. Summary statement of 100 words or less Notification of winners: The League will • Cc un ahons Entry fee and deadline: There is no entry not release information on award winners fee. Deadline for submitting entries is April prior to the awards ceremony. 29, 1994. Send entries to Communications For more information: Contact Laurie • Co1nnZl�nZtl� Department, League of Minnesota Cities, Audette at the League office (612) 490 -5600. _ — — — — — _ developrrcent I Entry form for 1994 LMC City Achievement Awards • Tu fic Sa e y. 4 Name of city Population • Cab pe rativn and I Address consv daUon City /state /zip • Management Contact person Phone Send entries to Communications Department, 3490 Lexington Avenue 1 0 North, St. Paul, MN 55126 -8044. . L� Deadline is April 29, 1994. L- - --------- - ---- --- - - - --J [Ell I April 15, 1994 Page 13 Municipal ads Municipal ads are printed at no charge to member cities.Ads run in one issue only unless notice sota state law (or ability to obtain within six is received to run a second time. The Cities Bulletin is published weekly during the legislative months), five years progressively respon- session and once a month during the interim, the time between sessions. Municipal ads will appear sible engineering experience, with at least in the next available Cities Bulletin. Cities have the right to reject any or all bids on equipment three years in municipal engineering in or proposals, and to waive any informalities therein. Minnesota cities are equal opportunity supervisory role. Individuals with a strong employers. management background will be given preference. Shoreview has a council manager form of government. Starting hOSItiOi1S FINANCE OFFICER. Spicer, salary range: $45,000- $62,000, DOQ. DEVELOPMENT DIRECTOR. (population 1,020) in West Central Excellent benefits. Call (612) 15 for position profile. Submit application anon and Robhinsdale seeks experienced professional Minnesota. Position reports to a five- resume by May 23, 1994 to: Personnel to head new rivate- ublic partnership member mayor and council. Responsible P P P P Coordinator, City of Shoreview, 4600 N. whose purpose is the economic enhance- for all areas of cash management, budget- Victoria St., Shoreview, MN 55126. EOE. ment of downtown and to assist with other ing, financial reporting and planning, PUBLIC WORKS EMPLOYEE. development projects. The partnership is a bonds, and debt, insurance, payroll and P P J P P� Clarktield is accepting applications through result of the economic enhancement benefits, and administration in this growing April 15, 1994 for a full -time public works strategy. Robbinsdale is a first -ring lake community with a budget of $970,000. employee to work in the street, water, and community f Minneapolis. Minimum Qualifications: degree in accounting, or Y P sewer departments. Class D water license, qualifications: five years direct hands -on two -year accounting degree with at least Class D wastewater license, and Class B experience in the economic enhancement of three years experience. Operate in a drivers license preferred. For application older business districts -- including business dynamic environment requiring consider- call (612) 669 -4435 or write City of retention, recruitment, creation, and real able unsupervised, independent action and a Clarktield 904 10th Ave., PO Box 278, estate development; experience with a non- high level of decision making and responsi- Clarktield, MN 56223. profit, public - private partnership. Skilled bility. Starting salary: $8.75- $10 /hr DOQ PUBLIC WORKS /PARKS SUPERIN- negotiator with the ability to develop a Plus benefits. Applications must be `PENDENT. Falcon Hcighls, a Twin Cilics rapport with the business community, real received by May 6, 1994. Applications and suburb of 5,380 people, is hiring a Public estate community, public sector, and job description available at: Spicer City works /parks superintendent; a working community -at- large. Politically savvy. Office, 105 Manitoba St., PO Box 656, supervisor providing first line supervision Graduate degree is desirable in economic Spicer, MN 56288 (612) 796 -5562. to the public works /park maintenance staff. development, urban planning, or public/ PUBLIC WORKS COORDINATOR. P P g P Duties: assist in establishing an annual business administration. Salary commensu- Maplewood has a vacancy for a full -time maintenance routine, schedule and delegate rate with experience and qualifications. public works coordinator. Performs P q work assignments and participate in the Apply by May 16, 1994 to City of administrative and supervisory work over completion of tasks and projects in Robbinsdale, 4221 Lake Road, street, sanitary and storm sewer, water maintenance, construction and repair of city Robbinsdale, MN 55422. For job descri t - distribution and equipment, maintenance. J P parks, buildings, equipment, streets, and Lion and application call (612) 537 -4534. Requires: Class C driver's license and sanitary nd storm sewers stems. ry � y. Qualifi- ENGiNEER. International Fails, a seven years public works maintenance cations: five years progressively responsible Northern Minnesota city f 8,500 o ula- experience, including streets and either Y P P experience in the maintenance of Parks or tion is seeking ap for city water distribution or sewer collection. Two b PP Y public works, including maintenance of engineer. Requirements include B.S. years of the experience must have been as a streets. storm and sanitary sewer systems Degree in Civil Engineering, or equivalent, supervisor. Salary range of $41,225 to (or comparable). Minimum of two years and State of Minnesota Professional $47,174 per year. To apply, contact City of supervisory experience: commercial driver's engineer registration. Five ears experience Maplewood, 1830 East County Rd. B, g g Y P license; high school graduate or equivalent. desired in municipal engineering and /or Maplewood, MN 55109. (612) 770 -4500. P� g g Salary range: $25,693- $28,693.00. municipal public works, with increasingly Deadline: April 22, 1994. Application forms and job descriptions responsible supervisory and administrative PUBLIC WORKS DIRECTOR /CITY available at Falcon Heights City I lull, 2077 defies. Formal training in public adminis- ENGINEER. Shoreview (population W Larpenteur, Falcon Heights, MN, 55113, tration and personnel management 25, 91x))• Direct all municipal engineering (612) 644 -5050. Deadline: April 25, 1994. desirable. Salary will be commensurate activities, construction projects, street/ EOE. with education and experience, The city utility maintenance programs, recycling, has residency requirements. Send letter of trail maintenance, and forestry through four For sale application, resume, official transcript and management staff and 23 additional verification of work experience to city department employees. Manage capital AMBULANCE. Adams is accepting clerk, PO Box 392, International Falls, MN improvement and equipment replacement sealed bids for the sale of a 1982 Type III 56649. (218) 283 -9484, Applications will Programs. $8 million annual budget. modular Ford E350 Cayel Craft ambulance, be accepted until June 3, 1994, Requires BS in Civil Engineering, regis- gas engine. To view call (507) 582 -3601 . tered professional engineer under Minne- Sealed bids marked "Bid" will be accepted Page 14 i LMC Cities Bulletin t Municipal ads continued _ Minnesota Cities 1994 Photo Contest at City Hall, 303 W. Main St., PO box 357, Adams, MN 55909 until June 7, 1994 at 7:00 p.m. Adams reserves the right to reject any or all bids. The f -eggue of Mi'.l1uwota DUMP TRUCK. Hams is accepting Cities LS sponsoring a photo sealed bids for the sale of a 1980 IHC single axle dump truck. 3208 cat engine, ° Contest, So we can SFlale with five speed trans., two speed axle, complete everyone the wonder, beauty, with one way plow, side wing, and sander. To view call (612) 674 -4596. Sealed bids and intrl�tle of MtnneSota S marked 'Bid" will be accepted at the City cities throu the State. Hall, 43990 Ginger Ave., PO Box 111, Harris, MN 55032 until 4129/94,3:30 p.m.. Bids will be opened on 5/2194 at 7:15 p.m. Photo award calegories need Harris reserves the tight to reject any or all bids. Minnesota city architecture (buildings, please fill out the form below and include the RESCUE VEHICLE. 1978 Dodge 1 -ton houses, city halls, etc.) following for each photo: light rescue body by KolsL -4 safety yellow in Minnesota city activities -- events, ge Your name color 400 C.I., automatic, 19,000 miles, 4000 celebrations, etc. ors Your address l i ncluding the city where watt onan generator, 4 -500 watt telescoping Minnesota cityscapes /nature in the cities you live) lights, warning lights/siren included, Johnson Minnesota cities —ihe people :• Cit where you took the photo 4ch. scanning radio, sold as-is, there is no Minnesota cities —the four seasons Caption •z warranty. Bid documents are due no later than G> The category your photo fits into Rubs Your age ONLY IF YOU ARE UNDER 18) 5:00 p.m., Friday, May 27,1944. Lake Elmo Size: 5 x 7 photo g l reserves the right to reject any and all bids. Type: Black and white or color prints (no Send entries to Contact chief Dick Sachs (612) 777 - 8272 or slides) league of Minnesota Cities Asst Chief, Jim Sachs (612) 430.2586. Send Number: You can enter one oto in Ph 3490 Lexington Avenue North sealed bids to: City of Lake Elmo, re: truck bid, each category St. Paul, MN 551268044 3800 Laverne Ave. N., Lake Elmo, MN 55042. STREET SWEEPER. Clara City has Awards For mom information for sale a 1971 Model #973 Wayne Street Cash p h prizes for rize award each category:: b 12 Laurie Audette Sweeper. This sweeper is a three -wheel Display of photos at the 1994 LMC ( ) 49 05600 with a 318 gas engine. Sealed bids must be Annual Conference DeodCine for entries received by 4:00 p.m., April 27, 1994 at Publication of your winning photo in the May 2, 1994 city hall, PO Box 560, Clara City, MN Minnesota Cities magazine. 56222. For more information contact Roger Knapper at (612) 847 -3413. THE TOWER MARINA. Tower, I Entry form for league of Minnesota 1994 photo contest Minnesota is now accepting sealed bids on I the w Na m e To er Manna. Bids shall be accepted I a e I until May 11, 1994,4:00 p.m. Minimum bid is $245,000. Sealed bids should be sent I Address or delivered to: City of Tower, City Hall I City /State /Zip PO Box 576, Tower, MN 55790. For more information call: Tim Kotzian, Clerk/ I Minnesota ci where you took the photo Treasurer (218) 753 -4070. Bid package containing appraisal, land and building Signature descriptions, photos, etc. can be purchased i for $50. Tower reserves the right to reject or I I agree to let the League publish my photo/3 in league publications with accept any and/or all bids. ( proper credit I I If you are under 18, please give us your age. years. Mail this form along with your photo to 00M—_ I League of Minnesota Cities ttt� I i 3490 Lexington Avenue North St. Paul, MN 55126 -8044 9 1 t L-------------------- - - - --1 Moto entries become the Property of the league of Minnesota Cities and will not be returned. 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 Phones 612490-3600 Fax: 612490-0072 4i TDD: 612490-9030 1400 -925-1122, plus your city code The League of Minnesota Cities publishes the Cities Bulletin weekly during the Legislative session and monthly during the interim, the time between sessions. Subscriptions: members-S30; noa- nbenibers-545. 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* League of Minnesota Cities staff working with legislative issues Bill status, authors, companion, Jim Miller, Executive Director committee referral (by bill number, author, or topic) Duke Addicks, Director of Intergovernmental Relations House Index - 296-6646, Rm. 211* Stan Peskar, General counsel Senate Index - 296-2887, Pensions Rm. 231* Gary Carlson, Senior Intergovernmental Relations Representative Weekly committee schedules, bill General revenue sources for cities introductions, and summaries of Local government trust fund committee and floor action Aid to cities House Information Office - Property tax system 296-2146, Rm. 175** Senate Information Office - Sarah Hackett, Intergovernmental Relations Representative 296-0504, Rm. 231* Transportation Fiscal administration of cities Recording of the following day's Economic development and redevelopment committee schedule and agenda, Government innovation and cooperation (after 4:30 p.m.) "House Call" - 296-9283 Ann Higgins, Intergovernmental Relations Representative Senate Hotline - 296-8088 Telecommunications Housing To reach a member on the House Elections and ethics or Senate floor Utility service districts House Sergeant at Arms - 296-4860 Joel Jamnik, Senior Intergovernmental Relations Representative Senate Page Desk - 296-4159 Growth ma nagement and land use Environmental protection To notify the governor's office of Personnel and labor relations your concern-, Public safety Governor Arne Carlson - General municipal governance 296-3391, Rm. 130* * State Capitol, St. Paul, MN 55155 Mary Diedrich, Legislative Secretary "State OfTiCe Building, St. Paul 55155 Julie Johns, Legislative Secretary All area co-des are 612 CITY OF BROOKLYN CENTER Council Meeting Date 4/25/94 Agenda Item Number /A b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: ARBOR DAY /ARBOR MONTH CELEBRATIONS DEPT. APPROVAL: Diane Spector, Publi orks Coordinator MANAGER'S REVIEW/RECOIVEVIENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes Brooklyn Center has been designated a Tree City USA for the second year by the • National Arbor Day Foundation. This designation is a recognition of the City's commitment to preserving and increasing its urban forest and efforts to reach that goal in 1993. As the attached memo from Engineering Secretary Joyce Gulseth indicates, one of the requirements of maintaining a Tree City USA designation is an Arbor Day /Month proclamation and sponsorship of a celebration. The students and staff of Earle Brown elementary school desire to expand the activities at Grandview Park from simply adopting the park as part of the Adopt - A -Park program, to establishing an "outdoor classroom" at the park. As an Arbor Month celebration, the City's park maintenance staff will work with the students to begin a mini - arboretum, and to learn about tree planting and care. No date has yet been established for the celebration, but it is expected to be in mid -May. When a more definite program has been set invitations will be sent to members of the Council, Park and Recreation Commission, and other interested parties to share in the students' celebration. RECOMMENDED CITY COUNCIL ACTION A resolution recognizing the City's designation as a Tree City USA and an Arbor Day /Month proclamation are attached for Council consideration. MEMORANDUM Date: April 19, 1994 To: Diane Spector From: Joyce Gulseth Subject: Arbor Day /Arbor Month Celebrations Brooklyn Center has been designated a Tree City USA for the second year by the National Arbor Day Foundation. This designation, which must be renewed annually, is a recognition of the City's commitment to preserving and increasing its urban forest and its efforts to reach that goal in 1993. Tree City USA is gaining popularity because there is a growing appreciation of the importance of trees to the environmental quality and economic vitality of our cities and elected officials are realizing that a good tree -care program is a wise investment in the future of their community. About 120 cities in Minnesota have achieved this status; Brooklyn Center is one of nearly 50 metro area cities so designated. To achieve this designation our City has demonstrated that we take our municipal tree -care responsibilities seriously. We are now faced with the challenge to continue this commitment during 1994 and the years to come. ARBOR DAY CELEBRATION One of the requirements of a Tree City USA is an Arbor Day proclamation and an Arbor Day celebration. Attached is a proclamation declaring April 29 as Arbor Day, and May, 1994 as Arbor Month in Brooklyn Center. Also attached is the history of Arbor Day. The Arbor Month celebration, scheduled for mid -May, will establish an "Outdoor Classroom" at Grandview Park and will feature the entire student body of Earle Brown Elementary in the ceremony. Five trees will be planted by the City's park personnel, including Minnesota's State Tree the Red (Norway) Pine, to begin the establishment of a mini - arboretum for students to enjoy and study. Proclamations, poems, creeds, music, balloons and refreshments will make for a festive occasion. News from The National For more information, contact John Rosenow, Executive Director or Arbor Da y Foundation Services 02) 474 -5655 Program TM Services 4 100 Arbor Avenue - Nebraska City, NE 68410 THE HISTORY OF ARBOR DAY The idea for Arbor Day originally came from Nebraska. A visit to Nebraska today wouldn't disclose that the state was once a treeless plain. Yet it was the lack of trees there that led to the founding of Arbor Day in the 1800's. Among pioneers moving into the Nebraska Territory in 1854 was J. Sterling Morton from Detroit. He and his wife were lovers of nature, and the home they established in Nebraska was quickly planted with trees, shrubs and flowers. Morton was a journalist and soon became editor of Nebraska's first newspaper. Given that forum, he spread agricultural information and his enthusiasm for trees to an equally enthusiastic audience. His fellow pioneers missed their trees. But more importantly, trees were needed as windbreaks to keep soil from blowing and for fuel and building materials, as well as shade from the hot sun. Morton not only advocated tree planting by individuals in his articles and editorials, but he also encouraged civic organizations and groups of every kind to join in. His prominence in the area increased, and he became secretary of the Nebraska Territory, which provided another opportunity to stress the value of trees. On January 4, 1872, Morton first proposed a tree - planting holiday to be called "Arbor Day" at a meeting of the State Board of Agriculture. The date was set for April 10, 1872. Prizes were offered to counties and individuals for planting properly the largest number of trees on that day. It was estimated that more than one million trees were planted in Nebraska on the first Arbor Day. Arbor Day was officially proclaimed by the young state's Gov. Robert W. Furnas on March 12, 1874, and the day itself was observed April 8, 1874. In 1885, Arbor Day was named a legal holiday in Nebraska. During the 1870s, other states passed legislation to observe Arbor Day, and the tradition began in schools in 1882. - more - The National Arbor Day Foundation is a nonprofit education organization dedicated to tree planting and environmental stewardship. RECYCLED PAPEfl I ), PRINTED WrTfI " RECYCLABLE i , SOY INK � Today the most common date for the state observances is the last Friday in April, and several U.S. presidents have proclaimed a national Arbor Day on that date. But a number of state Arbor Days are at other times to coincide with the best tree - planting weather, from January and February in the south to May in the far north. Arbor Day has now spread beyond the United States and is observed in many countries of the world. In some it is the king or queen who leads the national celebration, and in many countries exotic trees not suited to North America are planted in commemoration of the day. J. Sterling Morton was proud of the success of Arbor Day and noted, "Other holidays repose upon the past. Arbor Day proposes for the future." He thought trees much superior to cold marble as a memorial to persons or events. "How much more enduring are the animated trees of our own planting," he said. # # # lab 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 1993 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 Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. /abz PROCLAMATION DECLARING APRIL 29, 1994 AS ARBOR DAY AND MAY, 1994 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, Human activities such as construction damage and pollution, as well as 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, All citizens are urged to become more aware of the importance of trees to their well being, to participate in tree planting programs that will ensure a green Minnesota in decades to come, and to plan, nurture, protect, and wisely use Minnesota's great treasure of trees. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim April 29, 1994 Arbor Day and May, 1994 as Arbor Month in Brooklyn Center. Date Mayor Attest: Deputy Clerk CITY OF BROOKLYN CENTER Council Meeting Date 4/25/94 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: NORTHEAST TRANSPORTATION CORRIDOR TASK FORCE UPDATE DEPT. APPROVAL: Dia Spector, Public W, or Coordinator MANAGER'S REVIEW/RECOMMENDATION: i No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes Both the Brooklyn Center Post and the Northeest News carried articles in the past few weeks requesting applicants for the Northeast Transportation Corridor Task • Force. The Task Force has eight openings for resident/business representatives: • 2 Humboldt Avenue (Brooklyn Center) residents • 2 representatives from the greater Brooklyn Center neighborhood • 2 Humboldt Avenue (Brooklyn Park) residents • l representative from the greater Brooklyn Park neighborhood • 1 representative from the business community. As of Thursday, April 21, five applications have been received: two from Humboldt Avenue (Brooklyn Center) residents; two from residents of the greater Brooklyn Park neighborhood; and one from a Brooklyn Center business person. Other Members /Ex Officio Members It is recommended that the Council consider appointing Tim Wilsson, chair of the Planning Commission, as that commission's liaison to this task force. It is also recommended that the Council consider appointing Mark Maloney, City Engineer, as staff liaison. Brooklyn Park Councilmember Pearson has agreed to participate, and Brooklyn Park Engineer Gary Brown will represent Brooklyn Park as staff liaison. Met Council and Mn /DOT will designate representatives to act as staff liaisons. • RECOMMENDED CITY COUNCIL ACTION Given that the greater Brooklyn Center neighborhood is unrepresented, as is Humboldt Avenue in Brooklyn Park, the Council may wish to extend the application deadline and direct staff to readvertise for applicants. Brooklyn Center, 'Brooklyn Park Sun•Post /Wednesday; April.1a 1994 CITY BRIEFS l IL ter. All recinct chairs or .vice will meet chairs a � to attend. BC Conumssion Bluebird program );09 _ Information 566-6423, Tim n� volunteer slated at Eastman Willson. - _ to April meeting of the An opening exists on the A continuous program on ,te District 47 Central Com- Humboldt gr rooklyn Centex. Human Rights bluebirds is planned for .1 to 4 ee will be at 7 p.m. Tuesday, P and Resairces Commission. mm., ,Saturday, April 16, at , the 1 at the Brookdale -Hen- : Eastman Nature Center.d' needs m The purpose of the :commis - n Library, 6125 Shingle sion is to advise the City Council Participants may see videos :k Parkway, Brooklyn Cen- Residents of Brooklyn Park on issues related to human rela- and display s about bluebirds and Brooklyn Center are en- tions and civil rights and recom- and their habits and habitat, couraged to apply to participate mend the adoption of speck Plus take a hike along a bluebird i't you proud to be an American? in the Northeast Transportation policies or actions as needed to trail to look and listen for ►e a Host Corridor Task Force (also provide equal opportunity in the bluebirds. known as the Humboldt Avenue community. In addition, • participants may Family now! Task Force). The commission meets at 7 purchase and build a wooden The task force will include two p.m. on the second Wednesday bluebird nest box from a kit. representatives from each city i of each month. Builders should bring a ham- who live on Humboldt Avenue, Interested persons can obtain mer. The fee is $10 for the blue - two representatives from each an application at the Brooklyn bird house kit. Information: city who live in the corridor area I Center City Hall, 6301 Shingle 420-4300 and one representative from the Creek Parkway, or call Sharon Eastman Nature Center is in Brooklyn Center business Knutson at 569.3300. Application Elm Creek Park Reserve at Y pp on 13351 Elm Creek Road, north of community. deadline is April 15. Final ap- the intersection of State High - The task force will review pointments are made by the City wa ` issues and make recommenda- I Council and mayor. y 81 and Territorial Road. Foundation invites you to bons regarding traffic along Information: 420 -4300. i host family for an English Humboldt Avenue from High - akin high school student way 252 to Highway 100, on ; n Open your home Highway 252 in Brooklyn Center BC is Tree City Bike trail opens no culture and gain a c city Brookl t . Park and On other for second y ear at Elm' Creek dal friend. Share Our won - Applications: Must be made tit USA! on City of Brooklyn Center ap- Brooklyn Center has been The designated mountain bike plication forms, which maybe i named a "Tree City U.S.A." by trail at Elm Creek Park. Re- today for more information the National Arbor Day Founda- serve will be open from mid - obtained from the Brooklyn Cen- lion. It is the second ear Brook- Aril through ct. 31. ) ter. Deputy City Clerk, Brooklyn lyn Center has received the na- T� he five-mile bike trail begins Center ity Hall 6301 Shingle Cre ek Parkway, or by calling I tional recognition. at the Visitor Center and offers HIGH SCHOOL' The Tree City USA program is moderately rolling terrain ideal o u N o A r l o N � sponsored b the National Arbor for Applications will be accepted p y beginner i intermediate " NOT ' °° "" ° � ° '""" Day Foundation in cooperation mountain bikers. Information: through April 21. 7 with the USDA Forest Service 424 - 5511. I and the National Association of Bikers roughout the season State Foresters. may receive updated trail condi- lions by calling the trail hot line at 5596M. Kenneth Canter & Dr. Gregory Rifleman ��•. Sergeant's badge Landscap ti inneap*o VAMC) are accepting diabetic � for Grass P� S P tients with foot ulcers for participa- • for wildflowers set n in a Phase III clinical study of an Officer Dave Grass was , estigational wound - healing drug. awarded his sergeant's badge at A program on how to land- If you are eligible to be in the study, a ceremony March 24. Grass scare with wildflowers is slated 1 joined the department in 1975. for 1 p.m. Sunday, April 17, at you will receive study - related treatment He has served in patrol, as an in- the Eastman Nature Center. at no charge. You must have diabetes and ves�tive trainee and, most re- This program is for adults. ��� an ulcer on the bottom of f your foot cently, as crime prevention Participants will learn about For mm informatiom, colt the officer. wildflowers, landscaping tips Grass will continue to handle and plants that attract wildlife. MME WIB VAMC the crime prevention duties until The fee is $1. Reservations are (612) 725 -2000, Ext. 2730, 4685 or 5528 a replacement is selected. required; call 4204300. -y Native plant use to be talk tonic Page Six NORTHWEST NEws April 11, 1994 Humboldt Avenue will be Rebuilt in 1 94 " Task Force to be Selected to Examine " Wider. Transportation Problems MW _7,`1Y9 - o t ancy Doerfler was along seven months of talk about the Humboldt taskforce. Mississippi RiverwesttoNoble and 4 8dJ!! 11�3p11! ecision and'counter decision, Meeting notes mentioned an option from 85th Avenue to 1 -94." 8dA0/117WAV lV AN* treat. ofroadcl... dbusi- forHumboldtthatwouldbedlscussecL The Task Force is asked to ad ness failure, but it seems the Paulson says he doesn't think dresswaystoeasecongesticnandpre Humboldt Avenue situation may Humboldt residents were surprised serve neighborhoods and to look at finally be resolved. by the decision. "After meeting with ivadwayfuncdansandlongUumplans• ' IvfarxAp arrc s At March 28's council meeting, them, Ithinkthey expected it, "he said. Citystaffrecommendedthe group ! WvdowAlrCAOdr60net5 �7 Brooklyn- Center officials voted to The city will be on a tight time , ! • have no more than.15 people and ; FJeclialics Slereo rebuild the fourblocks ofHumboldt table to get construction done 'dur - represent .a spectrum of interest YCR), from 69th to 73rd as a 32' curvi- ing the building season. State aid groups. The group will have: . Carpet - rogeorand fied vvM linear "road with parking on one funding has to be approved and that . Adratr (prefernblyarreuimlparty)• - Twke z Although flF oam alternating side of the street. Be- involves a traffic. study. gh Brooklyn Center UnLwn No wt7o/ rarpeC Rubbe cause the design should meet state the council moved to expedite the Brooklyn Center• Planning packed carpel; no wet n0 aid standards, residents will not consultant selection process, City Commission liaison , hasehairpaddmgor ntbber have to pay assessments. The plan Engineer Mark Maloney warned, "I . 1 -2 Humboldt Ave. residents pig :' also includes new curbs and gut- can't guarantee the project will be . 1 -2 n4xesentat6iesf umtttelarger Magame, Catalogs, hiked Paper ters, driveway aprons, underground finished this year." Humboldt neighborhood • Household Items (for Goodv4 utilities and landscaping. Mike Schwartz of 71st and . Brooklyn Center busUxssrepre• , HousMoldBatt -6W The plan, proposed by Mayor Humboldt has been avocal critic of senlattue • '13* Me Todd Paulson, was the result of his the city's delay in solving the traf- . Brooklyn Park council tiaison meetings with Humboldt residents fic problems. "I'm okay with what . Brooklyn Park Humboldt resident •, Automotive and staff to try to work out a solu- they're doing, " he says, "But we'll . Brooklyn Park non - Humboldt tion. After the March 14 council seewhathappens. I wouldn'tbe sur- resident : 97 -• vote to delay construction, Paulson prised if it doesn't go through this Non - voting members would be: Watel �fteners metwiththosewhowantedtobulld, year." - •Brooklyn CenterstafftiaLson those who were againstbuilding and Now the focus ofwhat began as • Brooklyn Park star liaison ' !, .Yard Write ended up with a compromise.. the HumboldtAvenueTask Force is . .Mn/DOTrepresentative ftush t leaveagrass, 9den "Nobody's perfectly happy with changed.The group was proposedto • Met Council representative it," he conceded, "But I want to get ..bring together neighborhood rep -Regional 7hu sit Board rep '' ' Oor sWctiaRierrio64on debts the neighborhood back- together. i ,.resentatives, staff from - Brooklyn fie city`plans'to advertise in talked with a lot ofthe homeowners Center and Brooklyn Park; the Met r i the local press forTaskForce mem " • Mattresses0(boxsprrx�s and - most of them want to build in Council and Mn /DOT to work out bers. Applicants can complete the ., pam>ageri, 4, Yn shduied orbpken '94. We knew this was the eleventh longrangesolutionsforHumboldt's application form used for commis furfulurt? ; ri, hour ff we were going to get it done -trafflc and.that of. surrounding ar sion members which is available at ; jlp tjldq� this year." eas. On, March 14th, the council City Hall ' :' ' paI7T5 pesbades SONeniS It was literally- the eleventh voted to wait to do anything about _,„ The council expects to review hour,. or.11:35 PM to be exact, Humboldt -until the task force re appllcationsandappointrrrembers N Ys�ealer a ' x ? when the council - -with two mem - ported back by October 94., ,: , ,, at its April -1 mcettng bers,CeiiascottaridKrlstenMann In lightofthe evening's decision > r z er t i y Batltfu(tS # x r iC :tvoted to accept-the plan to go ahead onHumboidt, the task absent e c)earlier discusslons•onl force y wijl no�v.be..askedio concen s n L o L ,w tl tro ?�i Acct cos dfui 6f residents were trate on a. wider area '-`1. T � _ an rna�Ba {� Lo3fu; , sR yoiOC8QQ81�ltJ4Lt4 e meeting. The issue wasn't .r• Their, chargeAto "re Yiewtrans 04938006 'ROMed ai portation though Brooklyn_Center Re eats. t 1 thou the councilwasscheduledto corridor and the -area from Northeast Trans nation .Corridor Task Force The Byte Shoppe _ _ Residents of Center regard- and andmalurecommendattons Brooklyn Park are encouragedto ap-, ingtrafficonHumboidtAvenuefrom• 3270 Brookdale Drive ply to participate. in the Northeast. T.H.252toT.H. 100; onT.H_252tn' _ � Brooklyn Par MN . 55443 sportation Corridor Task Force . BrooklynCenterandBrooklynParlq y k, (also known, as the "Humboldt Av and on other city streets.* Sb1 =8002 enueTaskForce ").TheTask Force is Applications must be made on ; to include two representatives from ',,he City of Bmokiyn Center applica- , each city who live on Humboldt Av tion forms, which may be obtained - enue ; two representatives from each ,',from tlie'Brogklyn ,genter Deputy citywho live in the corridorafea; and City CIesk at Brooklyn Center City We 're Doing Our 'one representative from the Brook- Hall, 6301 Shingle Creek Parkway, lyn Center business community orbycalling569 3300 Applications �• The Task Force is to review issues willbeacxeptedtluoughApri121 .1994 ..• Spr Store P.: g % Cleaning.. V '• , 1 Wall m Saturday, April 9th! We are`cleaning !_ Looking 1a for inexpensive demo software, or era component parts? Check out our; junk ";table; used 5 NORTHWEST.METRO CTIG' machines, and accessories. PARENT CONNECTIOI;,�YIEETING Community Participation /Evening,CTIC Meetitig INTENDED'F64: ; Families of youth with duabilmes -21 and How long .has it been since other people and professionals in our community.interened to transtnon you've Cleaned O optionsfor our youth and young adulir performed maintenance on C77Cwelcomesas their guest speaker, John schumacher,world-known k famous chef who's lived his life with dyslexia Listen to his life story. Hear :' thoou life your computer, keyboard, how he has overcome barriers presented to him gho ut his Hard drives Thursday, Apr il 14 4 monitor. H Thu or , I9➢ y, p don't just fill up, they 7 - 9 p.m. 40 become fra mented and Brooklyn Park Community Center -Armory g ` 5600 85th Avenue North, Brooklyn Park • 493 -8333 could contain cross linked As you enter the Community Center ComplcX files causing the user to lose important data the Amwry an d par are tothefarnght (east side ofthebuilding) Let us do the spring cleaning on your_ For more information or Directions, Calk," computer. Call for an appointment! SallY Ande'i Jean La M=ri nLekvold Linda Skoglund Cheryl Powell 529 -5008 424.4879 545.0475 493.2614 559.9637 ���vy��<.... vJ .....�.:.�.;.:.._:..— ...:.'. -•.fits J.� y. Y. �:'r: ".5 ?: <►, CITY OF BROOKLYN CENTER Council Meeting Date 4/25/% Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY ATTORNEY SELECTION PROCESS DEPT. APPROVAL: Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECOMAUNDATION: No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached X ) On the evening of April 6, 1994, the City Council interviewed the firms of Barna, Guzy, and • Steffen; Holmes and Graven; and Popham Haik for purpose of selection of a City Attorney for Brooklyn Center. After the initial interview on April 6, the City Council narrowed the selection down to two firms: Popham Haik and Holmes and Graven. Because not all the personnel from Popham Haik were available on the evening of the initial interview, the City Council, prior to their Council meetings on April 11, 1994, and April 18, 1994, interviewed the remaining members of the Popham Haik firm. The City Council requested this item be placed on the agenda for final action and selection of a City Attorney. The attorney selection process started initially with instructions to the Staff to develop a request for proposal process and distribute it to candidate firms. The initial process developed interest on the part of thirteen law firms, and the Staff narrowed down those firms to five. In the attached report to the City Council dated March 14, 1994, Staff documents the ranking of five firms as per City Council instruction. Staff was asked by the City Council to rank five firms, and that ranking in the March 14 report was: Holmes and Graven; Carson and Clelland; Popham Haik; Barna, Guzy and Steffen; and Sweeney, Borer and Ostrow. The City Council then reviewed Staff ranking and selected for final interviews the firms of Holmes and Graven; Popham Haik; and Barra, Guzy and Steffen. At this time, the City Council has narrowed the selection process down to the firms of Holmes and Graven and Popham Haik. I have enclosed for City Council review Staff recommendations and description of qualifications contained in the March 14, 1994, Staff report. The City Manager and Staff recommend the appointment of the firm of Holmes and Graven and Mr. LeFevere as City tY • Attorney for the reasons stated in the attached report. By way of summary, the firm of Holmes and Graven offers all of the strengths of the other firms who submitted proposals in one firm. In relation to the two final firms, the Holmes and Graven firm would be more economical. Holmes and Graven, for the last five years, has kept the civil law portion of our legal budget at about the $40,000 mark per year, and their proposed fees range from $100 per hour on general civil matters to $105 per hour for matters which go to litigation. The proposal of the firm of Popham Haik suggests a general practice rate of $115 per hour with a cap of $75,000 annual cost. Staff believes the firm of Holmes and Graven offers the most advantages to the City in terms of cost and in terms of backup and availability of specialized attorney services. Mr. LeFevere has broader municipal experience in all the varied aspects of municipal law than the lead attorneys from other firms. With this experience there is a lesser need for referral of City Attorney matters to other specialists. All of this is offered within one firm, and in addition, because it is a firm that specializes in public municipal and civil work they offer a complete package of services at a lower cost than Popham Haik. RECOMMENDED CITY COUNCIL ACTION The Council discuss and appoint a City Attorney by motion and majority vote of the Council. CITY OF BROOKLYN CENTER Coameil Meeting Date 3/1 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: STAFF RECOMMENDATION FOR LAW FIRM TO REPRESENT THE CITY OF BROOKLYN CENTER IN CIVIL MATTERS ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: K6 ore - Sykes, Admihistr ive /Personnel AssistaCrit MANAGER'S REVIEWIRECONEMENDATION: No comments to supplement this report !� Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUNVEWARY EXPLANATION: (supplemental sheets attached ) STAFF RANKING OF LAW FIRMS: 1. Holmes & Graven, Chartered 2. Carson and Clelland 3. Popham, Haik, et. al. 4. Bama, Guzy & Steffen 5. Sweeney, Borer & Ostrow HOLMES & GRAVEN, CHARTERED Based on the oral interviews and firm presentations, the staff panel (City Manager, Finance Director, Community Development Director and Acting Assistant City Manager) unanimously chose the law firm of Holmes & Graven as the firm best qualified to represent the City of Brooklyn Center in all civil law matters as it relates to providing legal services to the City of Brooklyn Center. • Holmes & Graven is a full- service municipal civil law firm. They handle all civil law matters, including labor /employment law, tax increment financing, bond financing, redevelopment, zoning, code enforcement, etc., which are issues that are at the very forefront of what Brooklyn Center is dealing with. • Holmes & Graven reports that eighty percent (80 %) of their business is the representation of the public sector and, as such, they rarely have conflicts of interest. This represents a major commitment by Holmes & Graven to the area of civil law where they are recognized by many firms as experts. In addition to being the city attorneys for several cities, they also represent approximately 100 others as special counsel because the respective city attorneys have conflicts of interest or lack the required level of expertise to adequately represent their client. If Brooklyn Center should select another law firm as its counsel, chances are Holmes & Graven will be used as an outside counsel in several specialized areas of civil law, especially in zoning, land use, bond financing, tax increment financing and employment /labor law. This law firm has many years of experience with Brooklyn Center. In retaining them as the City's civil law counsel, there would be no loss in continuity in the provision of service. If Brooklyn Center chose to hire another firm, it would be a costly transition, consuming a large amount of the City's money, project time and staff time in bringing a new firm up to speed on various issues. This is an especially important factor because Brooklyn Center, in the last two years has lost, through retirement and resignations, four senior experienced managers (Police Chief, Finance Director, Public Works Director and Assistant City Manager). • The firm has enjoyed and continues to enjoy a good working relationship with staff in all of the City's departments. • Holmes & Graven has a good record of providing quality and timely service for all types of legal work. • Holmes & Graven is completely committed to alternate dispute resolution and mediation as it is less expensive and offers a more appropriate forum to settle differences. This is in line with the City's philosophy of supporting mediation services. Mr. LeFevere chairs the Board of the Mediation Center and has authored the Mediation Handbook. Holmes & Graven has been involved in much of the legislation that is initiated and developed in this area. • This firm has a zoning and related land -use law staff. Two members of this department also have master's degrees in urban planning. They have demonstrated their expertise in number of precedent- setting cases this area of civil law to the point that other firms use them when dealing with zoning or land -use litigation. • Martindale - Hubbel, a legal service rating firm, gives Holmes & Graven the highest rating that a law firm can achieve. In January, 1994, The American Research Association found that in the category of urban, state, and local government law, the top rated five percent of attorneys practicing in this specialty selected Charles LeFevere, Jim Thompson and Dave Kennedy as the individual attorneys that they would refer clients to. • Holmes & Graven's philosophy regarding city representation is to head off problems before they occur. By being pro- active in their approach in providing representation, they feel they can save money for the City. They can also save the City money because of the number of years of experience that Holmes & Graven brings to the City of Brooklyn Center, both individually and collectively. • Legal fees for Holmes & Graven for the last five years have been kept to about $40,000 a year. Their proposed fee schedule is $100 per hour for general civil law matters and $105 per hour for matters that go to litigation., This fee structure is competitive with other law firms practicing civil law. CARSON AND CLELLAND • Carson and Clelland is a law firm in Brooklyn Center of four lawyers with practices in municipal civil law and represents a number of smaller suburban communities and does prosecution work for the City of Brooklyn Center and others. This firm is capable of handling the needs of Brooklyn Center in most areas, with the exception of the bond financing area and has less experience than other firms in the area of tax increment and redevelopment projects. • Carson and Clelland reports that fifty percent (50 %) of their business is in representing the public sector, and, while this firm does not have the commitment to the public sector law that others have, it is a significant percentage of their work and their expertise. When other law firms have conflicts, their firm is often contacted to handle those municipal civil law situations for other communities. Their strength appears to be largely in municipal civil law, zoning, and employment /labor law and prosecution. • This firm currently handles the prosecution work for the City of Brooklyn Center. Members of this firm enjoy the respect of those staff members they work with, and the quality of their work is excellent, timely and professional. • Carson and Clelland indicated they used mediation or other alternative dispute resolution processes, but did not seem to have quite the involvement in these processes as other firms. Mr. Clelland has served as an arbitrator and has encouraged the use of mediation in "neighborhood dispute resolution ". • If chosen, this firm indicated they would hire additional personnel, if needed, to supplement their work in the private law practice area, and Mr. Carson would take the lead in representing Brooklyn Center with Mr. Clelland supporting. Carson and Clelland stated their philosophy of representing the City would be a pro- active one in terms of trying to head off problems before they occur. They believe it is important to have attorneys involved in the early stages of potential problems, as this approach would save money in the long run. This philosophy matches Brooklyn Center's philosophy, which has been in place for many years. • Carson and Clelland's proposed hourly rates are $70.00 per hour. This rate is lower than the rate of Holmes & Graven and others listed, but the City would have to go outside for bond counsel and those hourly rates are generally more expensive, although it would appear that the hourly rates for Carson and Clelland could represent an overall lower legal service cost for the City. The disadvantage of this firm is that we would have to go outside for specialized services such as bond counsel, and the size of the firm would not provide as much backup as a firm such as Holmes and Graven, Popham, Haik and Barna, Guzy and Steffen. POPHAM, HAIK, et. al. • Popham, Haik offers the services of a full- service municipal civil law firm similar to Holmes & Graven's services. They are a larger firm with a smaller group of that firm specializing in municipal civil law. • While they report approximately six percent (6 %) of their overall business is in the municipal civil law area, because of the size of this firm that still represents a substantial commitment and level of service to the municipal civil law area. Mr. Sheehy and Mr. Parker represented this firm at their interview. Mr. Sheehy indicated he would be the lead attorney for the firm in Brooklyn Center with support from Mr. Parker and others in the firm. Because this firm has a substantial private practice, there is the possibility of this firm having the potential for more conflicts between the municipal service arm of their firm and the private law side of their firm in representing clients. Staff is assured by their experience in St. Louis Park that they have handled this area and potential conflicts effectively. • This firm offers full services in bonding, redevelopment activity (EDA, HRA) and redevelopment financing service mechanisms. They are a full- service firm capable of handling all of the services the City needs, similar to the Holmes & Graven firm. • This firm, by their own admission, is not as strong as Holmes & Graven in the tax increment financing and bonding areas, but is probably stronger and has had more experience in the environmental law area, especially due to their involvement in St. Louis Park with the Riley tar pits contamination lawsuits. • This law firm also demonstrates a significant commitment in the area of alternative dispute resolution, such as mediation and other mechanisms. Members of their firm are very active in support of the alternative dispute resolution processes. • Popham, Haik employs a total of approximately 230 lawyers with the public sector practice group of approximately 12 -15 lawyers in this area. • The fee structure for Popham, Haik is higher than that of Holmes & Graven and Carson and Clelland and their general practice rate is $115 per hour with a cap of $75,000, but does not include finance or bond work, site specific environmental work or advisory to committees or commissions, nor does it include comprehensive rezoning. Because of this factor, it would virtually assure that our legal costs would rise somewhat. BARNA, GUZY AND STEFFEN • This law firm has significant experience in the area of representing inner ring type suburbs and its experience level is similar to that of Popham, Haik and not as great as Holmes & Graven. This firm represents the City of Fridley, a suburb nearly identical to Brooklyn Center in its size and configuration. They also represent the City of St. Francis and the EDA /HRAs of Columbia Heights and Fridley. • This firm has a significant commitment of their business to the municipal civil law area, though not as great as Holmes & Graven, but more than Popham, Haik. • This firm does not provide services in the area of bond counsel for the communities they serve. They stated they had worked frequently with Holmes & Graven in this area. • This firm, while possessing quality experience in a wide range of municipal civil law matters, appears to be exceptionally strong in the area of labor and employment law and represents the cities of Coon Rapids and Maple Grove in this area. • This firm also acknowledges significant meaningful support for alternative dispute resolution processes as members of the firm have served for a number of years on ADR committees. • A member of this firm has also served on the Minnesota Pollution Control Agency board for five years, and served two years as its chair. Through its work in Anoka County with landfill problems, it has a significant amount of experience in the environmental law area. • This firm also has a high rating by the Martindale - Hubbel rating service. The firm is composed of 26 lawyers and has significant experience in the area of personnel and labor law and environmental law. Mr. Steffen, a member of this firm, has previously served as Anoka County manager and brings considerable experience and expertise to the firm in this area. • This firm's hourly rate is $75.00 per hour for the primary attorney, senior attorney is $85.00 per hour and associate attorney is $75.00 per hour. Fixed fees are guaranteed until January, 1995. This firm is considered by staff committee as being very close in its ranking to Popham, Haik. It does not have internal expertise in the bonding area, but does have expertise in all other areas. SWEENEY, BORER & OSTROW • This is a five member law firm that practices primarily in the area of municipal civil law. This firm currently represents the City of Blaine and, until recently, represented the City of White Bear Lake. It has significant experience in the municipal public law area, though not as extensive as the other law firms interviewed. • The firm has handled and works with HRA and EDA issues on a regular basis. However, it does not possess the depth of experience other law firms interviewed possessed. • This law firm does not have the internal services of bond counsel and we would have to go to another firm for that service. • This firm also possesses a significant commitment to alternative dispute resolution and has used mediation extensively. • This firm possesses significant strength in the area of environmental law as they have handled a number of litigation situations for the City of Blaine regarding the Oak Grove landfill and others. They have also been involved in lobbying in this area in Washington and at the state level. • The hourly rate for this firm is $85.00 per hour. City Council asked the City staff to interview the five above mentioned law firms out of a total of 13 who submitted RFPs. Our instructions were to rank those law firms in terms of staff's view of their capabilities and the above paragraphs describe our preferences and recommendation. It is my understanding that it is Council's wish to take all or part of this group of law firms and set up interviews before the City Council as a whole. CITY OF BROOKLYN CENTER Council Meeting Date y Agenda Item Number 13 Q REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE ACQUISITION OF A LIQUOR INVENTORY CONTROL SYSTEM DEPT. APPROVAL: Ckav� N Charles Hansen, Finance Director MANAGER'S REVIEW/RECONMENDATION: No comments to supplement this report Comments below /attached SUNEVIARY EXPLANATION: (supplemental sheets attached ) The cash registers currently in use in the Liquor Stores were purchased in the fall of 1988. That • model is no longer being manufactured and it is questionable how much longer maintenance will be available for them. Accordingly, we are beginning to contemplate their replacement. LOGIS has provided a Liquor Inventory Control System (LICS) for our use up to this time, but the system is old and difficult to maintain. Other users of LOGIS LICS are also looking to replace their systems, but each has a different time table. LOGIS is looking to discontinue their LICS system once all the users have made the transition to new systems. With all this in mind, Finance and Liquor staffs have begun to consider a stand alone PC based point of sale system as the replacement. Jerry Olson has started to survey commercially available packages and identified several possible candidates. It appears that a system meeting our needs can be acquired for $35,000 to $40,000 total. It would include PCs, cash registers, and communications equipment. The current scanners could probably be reused. These costs would be paid from the Liquor Fund and if necessary financed by a loan from the Investment Trust Fund. We intend to rely solely on this system and discontinue the LOGIS LICS at the end of 1994. LOGIS LICS is budgeted to cost $12,783 in 1994. This savings would repay the capital costs in about three years while replacing our old hardware and improving our capabilities. The annual Liquor Fund transfer to the General Fund would not have to be reduced so there would be no effect on the budget. RECOMMENDED CITY COUNCIL ACTION Adoption of the attached resolution. i3a,l Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE ACQUISITION OF A LIQUOR INVENTORY CONTROL SYSTEM WHEREAS, the cash registers currently in use in the Liquor Stores were purchased in 1988; and WHEREAS, the mechanical condition of these cash registers have been declining and it is advisable to replace them in an orderly fashion; and WHEREAS, the LOGIS liquor inventory control system which the cash registers work in conjunction with is also outdated and lacks functionality; and WHEREAS, commercially systems designed specifically for liquor stores are available which have higher performance and lower life cycle costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. the attached specifications for a Liquor Inventory Control System comprised of personal computers, inventory control software, cash registers, scanners, and communications equipment are hereby approved. 2. the City Clerk is authorized and directed to advertize for and receive proposals for a Liquor Inventory Control System in accordance with said specifications. 3. other LOGIS cities will be authorized to purchase off of this bid award. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Request for Proposals Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores City of Brooklyn Center, Minnesota April 25, 1994 Contact: Theresa Eichten, Staff Accountant City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 (612)569 -3300, 8:00 AM -4:30 PM CST TABLE OF CONTENTS ADVERTISEMENT FOR BIDS .... ............................... 4 Chapter 1. General Information .... ............................... 5 City................. ............................... 5 LOGIS............... ............................... 5 Intent of Specifications ..... ............................... 5 Overview of City ........ ............................... 5 Overview of City Liquor Operation ............................. 5 Purpose of the Request for Proposal ............................ 6 Scope of Request ......... ............................... 6 Implementation Plan ....... ............................... 6 Proposal Evaluation Criteria ....... ............................... 7 Bidding Schedule ......... ............................... 7 Preferred Configuration ......... ............................... 9 Alternative #1 Configuration ...... ............................... 10 Alternative #2 Configuration ...... ............................... 11 Chapter 2. Software Requirements .. ............................... 12 Software Specifications Overview .............................. 12 Management Software Specifications ............................ 12 Point of Sale (POS) Software Specifications ........................ 15 Interface Specifications: Between Stores .......................... 18 Hardware /Software Requirements ......................... 18 Chapter 3. Hardware Requirements .. ............................... 19 Office Computer Specifications ............................... 19 Cash Register & Scanner Specifications ............................... 20 Chapter 4. Service Requirements .... ............................... 21 Training and Installation Specifications ........................... 21 Maintenance and Support Specifications .......................... 21 Chapter 5. Bidding Procedures ..... ............................... 23 Format of Proposal ....................................... 23 Bidding Requirements ...... ............................... 23 Consideration of Proposals ... ............................... 24 Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 2 Execution of Contract ...... ............................... 25 Withholding ............ ............................... 25 Time for Receiving Bids .... ............................... 25 Withdrawal of Bids ........ ............................... 25 Bidder's Experience ....... ............................... 26 Bid Guarantee ........... ............................... 26 Excise Taxes ........... ............................... 27 Collusion .............. ............................... 27 Joint Proposals /Prime Contractor .............................. 27 Guarantee ............... .............................27 Delivery................ .............................27 Legal Rights of Material .... ............................... 27 Payment................ .............................27 Affirmative Action Policy Statement ............................ 28 Chapter 6. Proposal Form Instructions ................... . ...........28 Cover Page ............ ............................... 28 Section 1. Vendor Information . ............................... 29 Section 2. References ...... ............................... 29 Section 3. Proposed Contract .. ............................... 29 Section 4. Products Proposed . ............................... 29 Section 5. Installation and Training Proposed ....................... 29 Section 6. Maintenance and Support Proposed ...................... 29 Section 7. Itemized Costs ... ............................... 29 Section 8. Exceptions to the Request for Proposals ................... 30 Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 3 Notice of Bids (Official Publication) CITY OF Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 ADVERTISEMENT FOR BIDS POINT OF SALE & INVENTORY HARDWARE, SOFTWARE & SERVICE FOR THE BROOKLYN CENTER MUNICIPAL LIQUOR STORES BIDS CLOSE: Monday, May 16, 1994 SEALED BIDS will be received and opened in the Brooklyn Center City Hall Council Chambers, 6301 Shingle Creek Parkway, at 10:00 A.M. on May 16, 1994. Bids shall be in a sealed envelope with a statement thereon showing the items covered by the bid. Bids should be addressed to the City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center MN 55430, and may be mailed or submitted personally to the City Clerk. Bids received by the City Clerk, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Bids must be in conformance with specifications which are available at the Brooklyn Center City Hall. No bids will be considered unless sealed and accompanied by a cash deposit. bid bond, or certified check payable to the City of Brooklyn Center, in the amount of at least ten percent (10 %) of amount of net bid. No bidder may withdraw his bid within seventy -five (75) days after scheduled time of opening bids without the consent of the City. Demonstrations by selected bidders will be scheduled during June 1994. The City Council reserves the right to reject any or all bids or any part of any bid. BY THE ORDER OF THE Brooklyn Center CITY COUNCIL. Gerald G. Splinter City Clerk Published May 4, 1994, in the Brooklyn Center Sun Current Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 4 City Chapter 1. General Information The term City shall refer to the City of Brooklyn Center contracting on behalf of itself and certain members of LOGIS. LOGIS LOGIS is a consortium of Minnesota cities who jointly own a computer operation known as Local Government Information Systems Association. Intent of Specifications It is the intent of these specifications to obtain bids on behalf of the City. There is a possibility that another LOGIS member city will be interested in purchasing off this bid. If so, their configuration, such as the number of registers per store, number of personal computers, and communications between locations, will be different from the City of Brooklyn Center's. Component unit prices quoted by any bidder must be honored for other LOGIS members in quantities they will specify. Award will be made by the City of Brooklyn Center on behalf of itself and LOGIS members who will each be issuing purchase orders and are to be billed separately and will make payment separately. Delivery will be made directly to each LOGIS member's liquor stores as well as to the City of Brooklyn Center's liquor stores. Overview of City The City of Brooklyn Center (pop. 28,500) operates under the council - manager form of government and is located in Hennepin County, Minnesota. The city's address is 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Overview of City Liquor Operation The City operates three municipal liquor stores which are open from 9:00 AM through 8:00 PM Monday through Thursday, and from 9:00 AM through 10:00 PM on Friday and Saturday. The three stores are: Store #1 1500 69th Avenue North Store #2 6250 Brooklyn Boulevard Store #3 1966 57th Avenue North Dollar sales for 1993 for the stores were as follows: Store #1 $745,617 Store #2 $877,193 Store #3 $821,943 Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 5 Liquor operations are overseen by the Liquor Stores Manager who reports directly to the Finance Department. The Manager offices at Store #1. Stores #2 and #3 have a supervisor. In addition to this management staff, the Liquor operation employs a number of part-time cashiers and stockers. The Liquor Stores Manager set the pricing and sales for all stores. All prices are the same at each store at all times. Purpose of the Request for Proposal The City wishes to replace the DTS555 cash registers at all three stores with a point of sale and inventory system that improves profitability by reducing errors and increasing efficiency. The City requires a system that provides current technology and that reduces downtime and maintenance costs. The purpose of this document is to define the City's requirements and to provide vendors with instructions for completing the bid proposal forms required to submit a bid. These bid forms are contained in a separate document titled, "Proposal Form: Point of Sale and Inventory Hardware, Software and Services" and dated April 25, 1994. Scope of Request The City intends to purchase a total of six (6) cash registers with extra cash drawer inserts, three (3) personal computers and three (3) dot matrix printers. The City reserves the option of either reusing six (6) existing in- counter scanners or purchasing new units, as part of this bid. Two (2) cash registers and scanners will all be installed at each store. Each store will have a personal computer and printer installed in the office. Each store also requires point of sale and inventory software. Installation, training and maintenance services are also being sought. Diagrams of the preferred configuration and two alternatives follows this chapter. The office computers will be used by store management for product file inquiry and report generation. Inquiries and reports will include cashier tracking, sales reports and inventory management. Sales and invoice data will be polled from each of the stores to Store #1. Product file maintenance data will be downloaded from Store #1 to Stores #2 and #3 on an as needed basis. The City wishes to acquire the software and equipment needed to keep a real -time inventory on the computers in the stores. It would also be desirable to generate financial reports. All system and application software proposed must be current releases of active products. All hardware proposed must be of current technology and manufacture. Used or refurbished equipment is not acceptable. Implementation Plan The City wishes to install and implement the equipment and software requested in three phases concurrently at all stores. Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 6 Proposal Evaluation Criteria The basis for the evaluation on proposals received will include, but not be limited to, the following considerations. They are listed in alphabetical order. 1) Ability of proposed system to be updated and take advantage of technological improvements. 2) Ability of vendor to provide all products and services as requested. 3) Ease of operation of the hardware and software proposed. 4) Maintenance Costs. 5) Support and maintenance service and response times proposed. 6) Total cost of the products and services proposed, including installation and conversion costs incurred by the City. 7) Vendor's adherence to the requested proposal format. 8) Vendor's experience with municipal multi -store customers. 9) Vendor's performance record in meeting the requirements of its existing customers. Bidding Schedule The City will conduct the bidding process according to the following schedule: Request for Proposals Published ........................ May 4 , 1994 Last Day to Request Written Clarification of Specifications ..................... May 9, 1994 Bid Opening .... ............................... May 16, 1994 Staff Review of Proposals ......................... May 16 -27, 1994 Demonstrations of Vendor Systems ........................ June 1994 Council Award of Contract (tentative) ..................... July 25, 1994 Installation of Systems in Stores (tentative) ............... September 1, 1994 Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 7 Contact Person: All requests for information regarding this Request for Proposals and the Ob Proposal Form are to be directed to: Theresa Eichten, Staff Accountant City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 (612)569 -3300, 8:00 AM -4:30 PM CST Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 8 PREFERRED CONFIGURATION Store #1 Store #2 Store #3 Sales Floor Office ® aw Download from Store #1: Upload from Stores #2 & #3: • Price Changes • Daily Sales Activity • New Items • Invoice Entry • Item Deletions • Sale Dates and Items Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 9 ALTERNATIVE #1 CONFIGURATION Store #1 Store #2 Store #3 Sales Floor ......... Office Download from Store #1: Upload from Stores #2 & #3: • Price Changes • Daily Sales Activity • New Items • Invoice Entry • Item Deletions • Sale Dates and Items City Hail Upload from Stores to City Hall Local Area Network: • Nightly backup of POS data Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 2S, 1994 10 ALTERNATIVE #2 0 CONFIGURATION Store #1 Store #2 Store #3 Sales Floor Office 51!L7 Download from Store #1: Upload from Stores #2 & #3: • Price Changes • Daily Sales Activity - New Items T1 • Invoice Entry • Item Deletions • Sale Dates and Items LOGIS ...................................... City Hall ............ - T1 � Upload from Stores to City Hall Upload from Stores to LOGIS Local Area Network: Financial System: • Nightly backup of POS data Financial Information (eitherthrough City Hall LAN or by modem) Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 11 Chapter 2. Software Requirements Software Specifications Overview The following three sections describe the software requirements of the City. The first two sections contain requirements for the management function and the cash register /point of sale function. The City intends that the requirements listed under "Management Software Specifications" be performed at the office computer. The requirements listed under "Point of Sale Software Specifications" are to be performed at each cash register. Some vendors may find that a requirement which is listed under one section is in fact a part of another function in their software package. Vendors must note this difference as an exception to the specifications if it means that the process cannot be performed at the location (office computer or cash register) intended by the specifications. Unless otherwise specified, the following software requirements pertain to each store as an individual operation. That is, reports, inquiries and procedures at a particular store are to include data for only that store, not other stores or all stores. The term department, as used in these specifications, refers to a grouping of similar products. The term subdepartments refers to a grouping of departments. For example, the subdepartments Brandy and Vodka are part of the department Liquor. Management Software Specifications 1 Required Functions. A. The product master file must contain the following fields for each item (minimum field sizes are noted) : 1. Cost ($9,999.99) 2. Retail price ($9,999.99) 3. Product Description (25 characters) 4. Product Size (5 characters) 5. Primary PLU Number (5 characters) 6. Three additional UPC codes (10 characters each) 7. Department (2 characters) 8. Subdepartment (2 characters) 9. Primary Vendor Code (4 characters) B. The product master file must be able to contain 9,999 different items. C. The product master file must be able to contain items in 99 different user defined subdepartments. The subdepartments must be able to be grouped into higher level departments such as Liquor, Wine, Beer, etc. Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 12 D. The product master file fields listed in item 1. A. above must be able to be updated at any time from the office computer. E. Selective product master file changes made at the store responsible for setting prices and product information must trigger an automatic update to the registers on the floor. It should also trigger a routine to print new shelf labels if price changes or product descriptions have changed. This may be done at beginning or end of day processing. The ability to make master file changes at Store #1 and trigger changes at the other stores would be desirable. F. The product master file records must be able to be recalled and displayed on the computer screen by entering a complete product description or any one of the item or UPC codes assigned to each product. The manager must then be able to scroll through the file in ascending or descending order by the initial selection. G. A method to receive inventory and reconcile invoices so that data may be uploaded to Store #1 must be available. The data required is listed in the interface specification section. H. If the cash registers use a separate product master file, any changes made to the product master file on the office computer must trigger an automatic update of the cash registers. This update must be able to be done during end of day or beginning of day processing. 1. Temporary sale prices must be able to be set up for date ranges and be automatically put into effect and reset back to the original retail price based on those dates. J. The quantity on hand for any product must be able to be recalled and displayed on the computer screen by entering a complete product description or any one of the item or UPC codes assigned to each product. K. A minimum of 13 months of sales and inventory history must be maintained on -line for inquiry and reporting purposes. Older data must be archived and able to be retrieved as input to reports. L. A report generator must be available which is easy to use and provides for record and field selection, multiple file access, sorting, calculations, and flexible report formats. M. Reports produced must be able to be directed either to a printer or an ASCII file. N. A screen print function must be provided which allows an image of any screen to be printed on the office printer. Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 13 O. The management software must be menu driven and have on -line help available to guide the user. 2. Required Reports. A. Alphabetic retail price lists by item description within department which include the primary UPC code or PLU number and product size. B. Master list of the product file which includes all fields noted in I.A. above. This report must be able to be printed in alphabetic order by description within department or in numeric order by the PLU code and /or primary UPC. C. Daily activity by cashier including number of customers served, total sales and refunds, number of voids, number of No Sales, discount given, and tender key breakdown. D. Daily sales report showing quantity sold and revenue by item, with a grand total and customer count. E. Weekly sales report showing quantity sold and revenue by item, with a grand total and customer count. F. Monthly sales report showing quantity sold and revenue by item, a grand total, total sales tax, and customer count. G. Monthly sales history report for the last twelve months showing quantity sold and gross profit by item by month for all items or a selected group of items. This should be separated by department and subdepartment with the best selling item listed first down to the lowest selling item listed last. For example, the sales report should breakdown Vodka by item in the liquor department. H. Inventory report for all items or a selected group of items listing the current quantity on hand. I. Primary vendor inventory report listing all items for a selected vendor code including sales and purchases history and current quantity on hand. J. Shelf Labels: Print shelf labels at any time during the day when changes have been made to product master files. K. Transfer report for all inventory transferred between stores which identifies the P ry stores and all items transferred. Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 14 3. Required Controls. A. Access to the ro rams on the office computer must be controlled b the use of P g P Y passwords and a unique physical key. Different passwords must be able to be assigned to varying levels of access, such as inquiry and file updates. B. Access and update of security information, such as cashier codes, must be limited to the office computer. C. The programs must edit data for reasonableness and accuracy at the time of the initial input. D. The programs must include controls to insure the integrity of the processing. For example, timely notification of errors and abnormal terminations and totals for balancing. E. Daily backup routines must be provided either as a part of the daily closeout or opening procedures. Procedures to verify the integrity of the backup and to restore files when necessary must also be included. Backups must be on 4MM DAT tapes. Backup facility must allow users to make duplicate tapes for off -site storage. The duplicates should be able to be made on demand or on a schedule. F. Documentation for all of the programs must be provided. It must include clear and complete instructions for all procedures, report and screen samples, and explanations of suggested corrective actions for all error codes. Point of Sale (POS) Software Specifications 1. Required functions. A. The product master file for the cash registers must contain the following fields for each item: 1. Retail Price ($9,999.99) 2. Product Description (25 characters) 3. Product Size (5 characters) 4. PLU Number (5 characters) 5. Three additional UPC codes (10 characters each) 6. Department Code (2 characters) 7. Subdepartment Code (2 characters) B. The product master file must be able to contain 9,999 different items. Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 15 C. The product master file must be able to contain items in 99 different user defined departments. The subdepartments must be able to be grouped into higher level departments such as Liquor, Wine, Beer, etc. D. The cash registers must either use the same product master file that resides on the office computer, or be built and updated from it. E. The cash registers must produce a customer receipt for every sale. The receipt shall include the following information: For each item: 1. UPC or PLU code scanned or entered by the cashier 2. Size and description 3. Quantity (optional if quantity is 1) 4. Price each and extended amount 5. Item discount given (if any) For each sale: 1. Opening banner which identifies Brooklyn Center Liquors 2. Date and time of transaction 3. Store, register and cashier identification 4. Transaction number 5. Subtotal discount given (if any) 6. Sales tax 7. Total sale 8. Amount tendered and change 9. Method of payment (cash, check, charge) 10. Changeable closing message of at least three (3) lines of twenty (20) characters per line F. The cash registers must interface with a counter -to or hand -held scanner for the g P input of sales. The POS software must look up the UPC code scanned and access the product information in the master file necessary to register the sale. The UPC code scanned can be any one of the three assigned to the item. G. The cash registers must also allow for the manual input of sales using either a PLU number or one of the UPC codes. H. The cashier must have the ability to individually void one or more items while a sale is in progress. 1. The cashier must have the ability to void an entire sale in one step, rather than item by item. Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 16 J. The POS software must allow for percentage discounts on an individual item and for a dollar amount discount or one time price override for an individual item. K. The POS software must also handle percentage discounts in the following conditions: 1. Preset case discounts of varying amounts depending on category 2. Preset discount for all items in a subtotal L. Sales taxes must automatically calculate against the discounted price. M. The POS software must handle multiple sales tax rates and tax exemption depending on category. The cashier must also be able to exempt an entire sale from sales taxes, if a tax exempt number is given. N. The daily register closeout procedure must be a one -step process. If data needs to be transferred to the office computer at the end of the day, that procedure must be a part of the one -step closeout. 0. The POS software must include a fully functional training mode. P. The POS software must be menu driven and have on -line help available to guide the user. Q. The POS software must run under Windows 3.1 or greater. 2. Required Reports. A. Daily closeout report to be used to reconcile the registers and cash drawers. This can be a separate report for each register or one report listing both registers. The report will include the following information: 1. Register and cashier identification 2. Date and time 3. Checks accepted by register and cashier 4. Total cash sales by register and cashier S. Total charge sales by register and cashier B. Register status report listing total sales and customers for the day up to the point in time the report is run. Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 17 3. Required Controls. A. Access to the cash registers must be controlled through the use of passwords and g g p a unique physical key. The ability to track multiple clerks per register during the same shift is required. B. Training mode, voiding purchases and cash or charge refunds may only be done through a special password or physical key process. Normal cashier setup should not allow for this capability. C. A beginning of the day procedure is required which verifies that the cash registers are set to the correct date and time and that the closeout procedure for the previous day's business has been successfully performed. This must be a one step process. D. If the product master file(s) for the cash registers is (are) not the same file as for the office computer, a daily procedure is required to insure that they are identical. Interface Specifications: Between Stores This section describes the interface requirements for between stores. This is a mandatory requirement for all vendors wishing to participate in the bid process. As indicated in the proposed configuration diagram, there are requirements for both downloading files to the stores and uploading data from each store. This will be done through the office computer. The data to be uploaded from Stores #2 and #3 will be daily sales information and receiving /invoice data. The data to be downloaded from Store #1 will be product maintenance information such as new items, deleted items, price changes, sales information, etc. Hardware /Software Requirements: 1. The office computer at each store must be an IBM compatible PC. Store personnel will initiate the upload /download of information from Store #1. 2. Communications Hardware: Asynchronous 9400 baud modem, error checking level 3 or higher. 3. The system must be able to create an ASCII file from selected data elements which could then be transmitted via modem. The user must have the ability to define the data fields and their order in the ASCII file. Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 18 Chapter 3. Hardware Requirements Office Computer Specifications The City requires three (3) office computers which meet the following specifications. IBM or Equivalent personal computer with the following minimum configuration: A. 486DX 2/50 MHz computer B. 8MB RAM C. 14" Color VGA Monitor D. 101 Key Keyboard E. 340M Hard Disk F. 3 1/2" High Density Floppy Disk Drive G. 1 Serial and 1 Parallel Printer Ports H. Microsoft Bus Interface Mouse or Equivalent I. Internal or external modem: asynchronous, 9400 baud, error checking level 3 or higher J. Internal 4 MM Tape Backup System 2. Current release of MS -DOS 6.2 or higher, Windows 3.1 or higher. 3. Epson LQ1070 -24 pin dot matrix printer or equivalent with the following specifications: A. Wide carriage B. 80/250 characters per second (NLQ /Draft Modes) C. 360 x 360 d.p.i D Parallel interface E. 8k print buffer F. Friction, Push /Pull Tractor G. Auto loading single sheet and continuous form H. 9 fonts and 2 scaleable fonts I. Compatible with widely used current releases of PC programs such as Windows,Word Perfect, Microsoft Excel, etc. J. Able to print shelf labels and bar codes 4. The City would like to have at least 100MB of free disk space available for future use. 5. Cabling which will be installed in ceilings, floors and walls must be Plenum rated level 5. 6. Power surge protection is required for both the PC and the printer. Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 19 Cash Register & Scanner Specifications All 3 stores require two cash registers and scanners which meet the following specifications: 1. The cash registers must have a durable cash drawer with removable inserts. 2. One additional cash drawer inserts are required for each store. 3. The cash registers must have a receipt printer which prints the data according to specifications listed earlier in the document. 4. The cash register must have an internal log tape (either physical or data), which records each transaction. The log tape must track each item sold, item numbers or descriptions, cashier, time, method of payment, change given, etc. If the log tape is done strictly via data diskette, a method of backup must be available so that no transactions are lost. This log tape must not be able to be altered. S. The cash registers must have a cashier display. The cashier display must show the quantity, description and price of items being scanned or entered manually, the amount of the total sale, payment rendered and change. 6. The procedure to change ribbons and paper tapes must be fast and easy to perform. An audible warning must be issued if the tape or ribbon runs out and cash register operations must not be able to continue until the paper or ribbon is replaced. 7. The operation of the cash registers must not be dependent on either of the other registers or the office computer. If either the office computer or cash register goes out of service the system must continue to operate at one of the other registers. 8. A one -step method to back up the data in the registers must be provided. 9. Memory and power protection sufficient to prevent data loss is required. 10. The City requires the choice of either: A. Metrologic MS -260 in- counter scanners. B. Supplied in- counter scanners. A decision on which scanner to use at each store will be decided at time of purchase. Prices must be provided for both. 11. The City would like the following options: A. Hand held inventory devices that would automatically upload to the office computer. B. Hand -held sales input scanners. C. Credit card scanner. D. Check verification. Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 20 Chapter 4. Service Requirements Training and Installation Specifications 1. The City will be responsible for the installation of telephone lines, changes to electrical service, acquisition and installation of necessary furniture, and remodeling. The City will be responsible for preparing its stores for cabling if cable runs require additional openings to be made in walls, floors or ceilings. The bidder is responsible for all other installation services necessary to make the proposed equipment and software a complete and operating system. This includes the installation of all cabling and preparing counter tops for the in- counter installation of the scanners if the current in- counter scanners can not be used. 2. The vendor must provide in -store cash register training for all cashiers. The City requires that the vendor provide the necessary training in one session presented five different times. The sessions could all be held at the same store or at various stores. 3. The vendor must provide training on all operations of the office computers and software to the three (3) store management personnel, their assistants, and two (2) finance staff. This training must coincide with the implementation phases described earlier in this document. 4. The vendor must provide on -site support for the first day of operation at each store. S. The vendor must provide a mechanism to load the initial product master file from a MS -DOS ASCII file. The City will provide the data in a record format prescribed by the vendor. Maintenance and Support Specifications 1. The vendor will be responsible for providing maintenance services for all of the P P g equipment and software obtained from this bid. 2. The hardware maintenance prices quoted by the vendor must include all parts, labor, travel, mileage, loaner equipment and any other costs associated with maintaining the City's system. The vendor will not be responsible for consumable parts such as printer ribbons, diskettes, or tape cartridges. 3. The vendor must include the replacement and repair of cabling in the maintenance contract. 4. The vendor shall perform preventive maintenance on a scheduled basis on all equipment at least twice annually. Preventive maintenance must include cleaning, lubricating, alignments and replacement of worn parts. Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 21 5. As a part of the basic service contract, the vendor must accept and respond to requests for service between 9:00 AM and 5:00 PM, Monday through Saturday, excluding standard holidays. The vendor must also make provision for responding to emergency calls between 5:00 p.m. and 8:00 p. m. on Monday through Thursday and between 5:00 PM and 10:00 PM on Friday and Saturday. 6. Responses to requests for repair service and preventive maintenance shall be on -site and at the location where the equipment is installed. From time to time the City may move equipment from site to site, move an entire site to a new facility or establish entirely new facilities. The agreement must continue to provide coverage for the equipment in these circumstances. 7. When covered equipment is inoperable, the vendor must respond on -site within four (4) business hours after the City notifies the vendor's service center. If covered equipment is in need of repair but still in an operable condition, the vendor must respond on -site within eight (8) business hours after the City notifies the vendor's service center. Equipment is considered operable but in need of repair if it exhibits non - disruptive malfunctions. That is, it can still perform the functions for which it is intended and does not present a safety or data integrity hazard by its continued operation. An example of this would be a monitor which requires an adjustment to straighten the display. Equipment is considered inoperable if it exhibits disruptive malfunctions which prevent its use as intended or presents a safety or data integrity hazard. 8. The vendor must provide loaner equipment of an equivalent configuration to replace inoperable equipment if the equipment has not been returned to a normal operating condition within eight hours after the City placed its initial request for service. The vendor must provide loaner equipment of an equivalent configuration to replace operable equipment in need of repair if the equipment has not been returned to a normal operating condition within twenty -four (24) hours. 9. The City expects that the vendor will honor appointments for scheduled maintenance, barring extenuating circumstances, and will accommodate the City's scheduling requirements when determining such appointments. 10. The vendor must provide unlimited telephone support to liquor store management and the finance staff who support the liquor operation during regular business hours. This support must include both simple hardware troubleshooting and software support. 11. The City requires that the maintenance contract cover a period of one -year from the time of installation and be renewable annually thereafter. 12. The City requires a software update service agreement which provides free software technical corrections (such as bug fixes) and free or reduced cost software upgrades. Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 22 13. The City requires a quote on software upgrade costs over the life of the agreement. Chapter 5. Bidding Procedures Format of Proposal Vendors must respond to this Request for Proposals on the forms contained in the document titled "Proposal Form: Point of Sale and Inventory Hardware, Software and Services." Bidding Requirements 1. Bids are to be securely sealed, labeled "Bids for Point of Sale and Inventory Hardware, Software and Services" and delivered to the office of the Finance Department's Staff Accountant, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, no later than 10:00 A.M., Monday, May 16, 1994, at which time they will be opened and publicly read in the Council Chambers, Brooklyn Center City Hall. 2. Each bid must be accompanied by a bid bond or certified or cashier's check, payable to the City of Brooklyn Center in an amount equal to at least ten (10) percent of the total net bid. Where alternate proposals are offered, a single bid security in the amount not less than ten percent (10 %) of the total bid of the highest cost alternate will be sufficient. 3. Bidders may submit alternate proposals, in which case each alternate proposal must be identified by a number beginning with "1 ", for the first , and continuing in numeric sequence for all succeeding alternates. All documents pertaining to an alternate shall be identified by inscribing "ALTERNATE" followed by the appropriate number in the upper right hand comer. 4. No proposal will be received if detached from the package in which it is bound; nor must any of the accompanying papers be detached therefrom, but the entire package must be unbroken and unaltered, in good order, and enclosed in a sealed envelope when the proposal is deposited. 5. Each bidder is required to submit three (3) copies of its proposal to Brooklyn Center City Hall within the time indicated in the Notice of Bids. It is necessary to submit only one copy of supplemental technical materials. 6. The City is exempt from all Federal Excise Tax and Federal Transportation Tax and will execute a Tax Exemption Certificate. Do not include any of these taxes in the bid. The City is not exempt from the Minnesota state sales tax. 7. Bids may not be withdrawn until seventy -five (75) days after the bids are opened. Request for Proposals: Point of Sale & Inventory Hardware, Sojhvare & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 23 0 Consideration of Proposals 1. Consideration in selection will be given to indicated delivery dates. Bidders shall indicate on the Cost Summary page of the Proposal Form the number of calendar days after receipt of order by which time all hardware and software will be installed and operating at the liquor stores. 2. The City reserves the right to accept or reject any or all bids or any part of any bid, to waive minor defects or technicalities, or to advertise for new bids, as it may deem best for its interest. 3. The bid shall be in ink or typed. Prices submitted in the proposal by the bidder for a particular identified City department shall be construed as prices submitted for all City departments using like items. 4. In case of difference between written words and figures in a proposal, the amount stated in written words shall govern. 5. In case of unit price difference from extended figure, the unit price shall govern. 6. Alterations or erasures must be crossed out and the corrections thereof printed in ink or typewritten adjacent thereto. The corrections must be initialed in ink by each person signing the proposal. 7. All bids must comply with and not deviate from the provisions of the specifications and /or other bid or contract documents if any. 8. Revisions or interpretations made by the City shall be by addendum issued prior to the date set for bid opening. 9. Changes to the proposal may be cause for rejection of said proposal. 10. If any questions or interpretation, discrepancies, omissions or conflicts occur during the examination of contract documents, the bidder shall submit a request for interpretation not less than five (5) working days prior to the due date for proposals. Any interpretation or changes of the documents will be made only by addendum. The City will not be responsible for any oral instructions or interpretations. 11. All proposals will be assumed to be complete. Bids must include all hardware and related components such as cabling, software, documentation, custom programming and other services necessary to provide a complete and operational system according to the specifications contained in this document. The City will also be responsible for costs relating to the installation of telephone lines, changes to electrical service in the stores, remodeling and furniture. All other products and services are the responsibility of the bidder. Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 2S, 1994 24 Execution of Contract 1. The successful bidder(s) are required to execute a contract and furnish a performance bond in the full contract price, conditioned as required by law, MSA Chapter 574.26, with sureties satisfactory to the City Legal Department. Said contract and said bond must be executed on forms furnished by the City. The City shall send written notice of award. The contract shall be signed by the successful bidder(s) and returned, together with any required performance bond, within ten (10) days after the forms have been mailed to the bidder. Upon failure of the successful bidder(s), within the time allotted, to execute the contracts, furnish an acceptable bond, or comply with any other requirements imposed precedent to approval of the contract, the bid deposit requested in the call for bids shall be forfeited to the City, not as a penalty, but as liquidated damages. 2. By submitting a bid, bidder agrees that said liquidated damages shall cover only the damages sustained by the City from additional administrative costs, expenses or re-advertising d re-bidding, other damages sustained b the City as a result of g g� g Y Y failure of the successful bidders to execute a written contract and a performance bond O P when so required, but shall not cover, to preclude the City from claiming damages on account of delay, price changes, loss of other contracts, loss of income, inability of the City to fulfill other contracts, loss of other benefits of this contract, or other damages direct or consequently arising out of breach of the contract or failure to perform same by successful bidder(s). Withholding On any contract requiring the employment of employees for wages by the bidder, final settlement shall not be made until satisfactory showing is made of a certificate completed by the Commissioner of Taxation (State of Minnesota, Department of Taxation, Form 134) indicating compliance with the provisions of Section 290.92. Time for Receiving Bids 1. Bids received prior to the time of opening will be securely kept unopened. The officer whose duty it is to open them will decide when the specified time has arrived and no bid received thereafter will be considered. Bids received after the time set for opening will be returned to the bidder unopened. No responsibility will be attached to an officer for the premature opening of a bid not properly addressed and identified. 2. Bidders are cautioned that, while telegraphic modifications of bids may be received as hereinafter provided, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the bid so modified or amended subject to rejection. Bidders should secure correct information relative to the probable time of arrival and distribution of mail ai at the place where the bids are to be opened. Withdrawal of Bids 1. The City shall not physically release or return to the bidder any bid for the purpose of modification, withdrawal or any other purpose whatsoever until after the bids are Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 25 officially opened and acknowledged and no bid may be withdrawn for a period of seventy -five (75) days from the official opening thereof, and then only by written notification directed to the Director of Finance and no pre - notification on proposal shall be construed as complying with this requirement. 2. Delivered bids may be modified or withdrawn by written or telegraphic request dispatched by the bidder in time for delivery in the normal course of business prior to the time fixed for opening provided, that written confirmation of any telegraphic modification or withdrawal over the signature of the bidder is placed in the mail and postmarked and acknowledged by signed receipt thereof, prior to the time set for bid opening provided further, that any telegraphic requests should not reveal the amount of the original or revised bid provided further, any written request or written confirmation must be signed in the same manner by the same person who signed the proposal. 3. All bids shall be held firm until the award has been made. Bidder's Experience Prior to the award of the Contract, the apparent low bidder, if requested by the Director of Finance shall furnish to him current information and data regarding the bidder's financial resources and organization within five (5) working days. The City shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish the City all such information and data for this purpose as the City may request. The right is reserved to reject the bid where the available evidence or information does not satisfy the City that the bidder is qualified to carry out properly the terms of this contract. The expertise of the vendor in the particular field of endeavor must be demonstrated and documented to the full satisfaction of the city. Bid Guarantee A Bid Guarantee in the form of a Bid Bond, Certified Check or Cashiers Check shall be made payable to the order of the City of Brooklyn Center. Cash deposits and personal checks will not be accepted. The Bid Guarantee shall insure the execution of the Contract and the furnishing of a performance bond by the successful bidder(s). The bid must be accompanied by a Bid Guarantee which will not be less than ten percent (10 %) of the amount of the bid and at the option of the bidder, may be a certified check, cashiers check or a bid bond secured by a corporation authorized to contract as a surety in the State of Minnesota. No bid will be considered unless it is so guaranteed. Revised bids, whether forwarded by mail or telegram, if representing an increase of the original bid, must have the bid guarantee adjusted according, and in the case of a revision by telegram the envelope containing the adjusted bid deposit must be postmarked prior to the time set for the opening of bids; otherwise the revision of the bid will not be considered and the original bid shall remain in force. The bid deposit except those of the two lowest bidders will be returned after the executed contract and required bond have been finally approved by the City. Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 26 Excise Taxes Instrumentalities of the State of Minnesota are not subject to Federal Excise Taxes. Individual certificates will be furnished on request if needed by the contractor to reclaim for himself such charges. Collusion Collusion between bidders is cause for rejection of all bids of bidders thus involved. Joint Proposals /Prime Contractor Joint proposals submitted by more than one vendor must designate one vendor as the prime contractor. All other vendors will be considered subcontractors to the prime contractor. The City will consider the prime contractor to be the sole point of contact with regard to contract matters, placing of calls for service and tendering payments. The prime contractor is totally responsible for adherence by the subcontractors to all provisions of the contract. Guarantee The successful bidder(s) further agree(s) to guarantee all materials and parts bid and supplies against inferiority as to specifications, such guarantee to be unconditional. Failure or neglect of the Finance Director to require compliance with any term or condition of the contract or specifications shall not be deemed a waiver of such term or condition. Delivery Cost of delivery to the location of said materials and supplies is included in said prices and delivery shall be made only as called for on duly signed Purchase Orders or Releases referring to the contract and issued by the Purchasing Department of the City. It is understood that the City shall be under no obligation for payment for any supplies or material except on the basis of said Orders or Releases duly signed and issued. In addition, the successful bidder(s) shall not be held responsible for damages caused by delay or failure to perform or defaults caused by public carriers, or acts or demands of the Government in time of war or national. emergency. Deliveries shall be made inside where applicable and when so directed. Legal Rights of Material The successful bidder(s) hereby guarantee that they will have full legal right of material delivered under this agreement, and agree(s) to pay all rents and royalties of every description on any and all patents or patent rights covering said material, or covering any process or machinery used in its construction and agree(s) to indemnify and save the City entirely harmless from any and all claims, demands, damages, actions, or causes of action, arising, or to arise against said City by reason of the construction or delivery of said material or the use of any process, machinery or material in the construction of same. Payment The City hereby agrees, in consideration of the covenants and agreements specified to be kept and performed by the successful bidder(s), to pay to the successful bidder(s) when the terms and conditions of the contract and specification have been fully completed and fulfilled on the part of the bidder(s) to the satisfaction of the City, the sum of the contract price. If said amount is Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 27 indicated to be an estimate, the estimate will be based on experience and no representation as to quantity shall be construed therefrom. No guarantee of minimum of maximum quantity or amount is either made or implied. The City shall neither be compelled to order any quantity or any item nor limited in the total quantity ordered on any item unless so specified. In addition, in case the successful bidder(s) shall proceed properly to perform and complete the terms and conditions of the specifications and contract, the Finance Director of the City at his discretion, from time to time as deliveries are made, grant to the successful bidder(s) an estimate of the amount already earned, which shall entitle the holder thereof to receive the amount due thereon, when the condition, if any annexed to such estimate shall have been complied with. The granting of such estimate shall not be construed as an acceptance of any materials or any portion thereof. No increase above said bid price will be allowed to the successful bidder(s) during the term of the contract unless and except as provided by the specifications. Payment, under the contract will be made in the manner provided by law for payment of claims against the Purchasers. Affirmative Action Policy Statement In accordance with the City's Affirmative Action Policy and the City Council's policies against discrimination, no person shall, on grounds of race, color, religion, age, sex, disability, marital status, sexual orientation, public assistance status, ex- offender status, or National Origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service or activity under the provisions of any and all applicable Federal and State laws against discrimination. The Contractor will furnish all information and reports required by the City of Brooklyn Center or by Executive Order No. 11246 and Revised Order No. 4, and by the rules and regulations and order of the Secretary of Labor for purposes of investigation and ascertain compliance with such rules, regulations and orders. Chapter 6. Proposal Form Instructions The following instructions pertain to the bidding forms found in the separate document titled, "Bid Proposal Form: Point of Sale and Inventory Hardware, Software and Services ". The proposal form is divided into eight sections and a cover page. Each page of the proposal, including any pages added by the bidder, must contain the bidder's company name, the signature of a company representative authorized to submit the proposal of the company's behalf, and the date submitted. The bidder must respond to every question in the response form. Additional pages may be inserted as needed to fully respond to questions and fill in work sheets. Cover Page This page must be the first page of all proposals submitted. Enter the company name, city and state of either the home office or the office submitting the bid and the total bid amount. This figure must match the total bid amount entered in Section 7 of the proposal form Please provide information about the vendor, company history and contact persons. Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 28 Section 1. Vendor Information Please provide information about the vendor, company history and contact persons. Section 2. References Vendor is required to supply six (6) references which may be contacted by the City. Installations of comparable equipment and software are preferred. Please list all municipal liquor stores that are currently using your POS system and any multi -store applications you currently have in place. Section 3. Proposed Contract Please include a copy of any proposed contracts between the City and the vendor. The City reserves the right to negotiate terms of the contract which may differ from the contract submitted by the vendor. Section 4. Products Proposed Please provide information regarding the products, operation and configuration of the hardware and software proposed. An implementation plan is also requested. Section 5. Installation and Training Proposed Please provide information regarding proposed installation and training services. Section 6. Maintenance and Support Proposed Please provide information regarding hardware and software support, response times and maintenance policies. Section 7. Itemized Costs Please complete these work sheets by itemizing the costs of all proposed products and services. You are strongly encouraged to itemize costs for the components of their system with as much detail as possible There are four work sheets. The first is for hardware and software prices. The second is for installation and training costs. Customized programming which is necessary to meet the City's requirements should be quoted on the software and hardware work sheet if it is bid at a set cost. If programming is bid at an hourly rate, it should be quoted on the installation and training work sheet. Any item quoted at an hourly rate must also include a quote for maximum cost to the City for the service. The third work sheet is for maintenance, support and other ongoing costs such as license or upgrade plan fees. Vendors must list all ongoing costs on this work sheet. However, if the cost is not incurred for all or part of the first year following installation, that portion which will not be incurred until subsequent years should then be itemized and deducted from the total. The work sheet should total down to a total cost for the first year following installation, but should also contain quotes from which the City can determine costs for subsequent years. Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 29 The last work sheet is for quoting costs for supplies. Following the four work sheets is a cost summary page. The totals from the first three work sheets are placed on this form and totaled. If there is a discrepancy between unit cost and extended cost, the unit cost will be assumed to be correct. Likewise if there is a discrepancy between the total bid and the sum of the extended costs, the extended costs will be assumed to be correct. Section 8. Exceptions to the Request for Proposals Bidders may find instances where they are unable to provide products and services which meet all of the specifications defined in this Request for Proposals. In such cases, it is permissible to take an exception to the Request for Proposals. The City reserves the right to disallow exceptions which it finds are not in the best interests of the City. This provision allowing exceptions is intended to encompass only minor deviations from the requirements stated in this document. It is required that all exceptions be clearly identified and that an explanation outlining the scope of the exception and the advantages to the City resulting from the exception be detailed in this section of the Proposal form. Request for Proposals: Point of Sale & Inventory Hardware, Software & Services for the Brooklyn Center Municipal Liquor Stores, Brooklyn Center Minnesota April 25, 1994 30 CITY OF BROOKLYN CENTER council Meeting Date 2 9'� Agenda Item Number 13 b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE ORDER FOR THE STORM WATER POND IMPROVEMENT PROJECT NO. 1992 -29 AND PARK DEVELOPMENT ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Charles Hansen, Finance Director MANAGER'S REVIEW/RECOMAIENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The ro'ect for the Storm Water Pond and Park Improvement was originally r P] p ordered by Resolution 93 -105 on June 28, 1993. That resolution omitted some language required by I.R.S. regulations to allow for the eventual sale of bonds to permanently finance the project. This resolution amends the ordering of the project to include the language, so that bonds can be sold. Some professional services and land acquisition costs which have already been incurred will not be eligible for reimbursement from bond proceeds. These costs have been paid from current revenues of the Storm Drainage Fund. However, all costs from this date forward will be eligible for bond reimbursement. RECOMMENDED CITY COUNCIL ACTION Adoption of the attached resolution. /3b Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE ORDER FOR THE STORM WATER POND IMPROVEMENT PROJECT NO. 1992 -29 AND PARK DEVELOPMENT ----------------------------------------------------- WHEREAS, Resolution 93 -105 ordered the Storm Water Pond Improvement Project No. 1992 -29 and Park Development; and WHEREAS, the City reasonably expects to expend moneys from the Storm Drainage Fund, on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures incurred from this date onward from the proceeds of taxable or tax - exempt bonds, the debt service for which is expected to be paid from utility fees collected by the Storm Drainage Fund; and WHEREAS, the Internal Revenue Service has issued Treasury Regulation 1.150 -2 providing that proceeds of tax - exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The City reasonably intends to make expenditures for the Storm Water Pond Improvement Project and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in the maximum principal amount of $1,125,000. 2. This resolution is intended to constitute a declaration of official intent for the purposes of Treasury Regulation 1.150- 2 and any successor law, regulation, or ruling. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting Date y a S i9 Agenda Item Number R REQUEST F O COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DIRECTING STAFF TO INITIATE THE SALE OF BONDS FOR STREET AND STORM WATER IMPROVEMENTS AND ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES DEPT. APPROVAL: Charles Hansen, Finance Director MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SLTNE I LRY EXPLANATION: (supplemental sheets attached ) The City has two projects underway which require the sale of bonds to successfully finance their completion. First is the Northwest Area Street Improvement for which Resolutions 94 -65 and 94 -66 were passed on March 28, 1994, ordering the improvement. This project will reconstruct streets in the northwest area and the James /Knox/ 54th Avenue area. Earlier resolutions call for the special assessment of benefited properties under Minnesota Statutes Chapter 429. The special assessments would equal 25 to 30 of the total project costs and would be collected over a 10 year period. Property taxes would be responsible for the remaining 70% to 75% of the costs. Sale of bonds of approximately $1,172,300 will be needed to finance project construction. For 1995, a tax le of approximately $123 000 will be needed to meet the principal and interest property �'Y PP Y � payments on the bonds. At the same time that the Northwest Area streets are reconstructed, storm sewer improvements will be made. These improvements will cost approximately $600,000. The storm water pond and park project was begun in 1993. Land acquisition costs of $400,000 in 1994 and construction costs of $725,000 in 1995 will be incurred. Storm Drainage Revenue Bonds in the amount of $1,725,000 should also be sold now to finance these costs. Principal and interest payments will be made from future revenues of the Storm Drainage Fund. Not approving the sales of bonds would require immediate cancellation of the street improvements and the storm sewer in the northwest area for lack of financing. The storm water pond and park could still proceed, but would use up all current financial resources of the Storm Drainage Fund. No other major storm drainage project could be undertaken without bonding until 1996. These will officially be two separate bond issues. By selling them at the same time, we can economize on the bond issuance cost. Issuance costs are deducted from bond proceeds and have no effect on the General Fund budget. These issuance costs include a variety of professional • service, printing, publication, and legal costs. The largest is for fiscal advisor. In the past, the City has used Springsted Inc. as its fiscal advisor. Springsted is one of the best and most capable bond firms. Their expertise helps the City to get the lowest possible interest cost on its bonds. The past relationship with the City has enabled them to develop a knowledge of the City and lines of communications with staff which facilitate an efficient and effective bond issuance process. An estimate of total bond issuance costs is as follows: Springsted Inc. $15,500 Legal (Bond Counsel) $4,500 Official Statement Printing $1,400 Bond Printing $900 Registrar $1,250 Rating (Moody's) $5,500 Miscellaneous (Contingency) $1,450 Total $30,500 RECOMMENDED CITY COUNCIL ACTION Adoption of the attached resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DIRECTING STAFF TO INITIATE THE SALE OF BONDS FOR STREET AND STORM WATER IMPROVEMENTS AND ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES ------------------------------------------------------------- WHEREAS, Section 7.13 of the City Charter provides the City Council with authority to issue debt for any municipal purpose in accordance with law and within the limitations prescribed by law; and WHEREAS, the City Council has approved the construction of streets and storm sewers in the northwest area, streets in the James/ Knox /54th Avenue area, and a storm water pond and park; and WHEREAS, the estimated cost of these projects for which it is necessary to finance by the issuance of bonds is $2,900,000; and WHEREAS, the successful issuance of bonds requires the services of various outside professionals and contractors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. the Staff is directed to initiate proceedings for the sale of bonds in the estimated amount of $2,900,000. 2. the proposal submitted by Springsted Inc. for $15,500 to serve as fiscal advisor for this bond sale is accepted. 3. the Staff is authorized to utilize other professional services in amounts up to $15,000 to accomplish the bond sale. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 04/25/94 Agenda Item Number �3 • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1994 DISEASED TREE REMOVAL, IMPROVEMENT PROJECT NO. 1994 -22, CONTRACT 1994 -C DEPT. APPROVAL: lane Spector, Public Wor ks.1coordinator MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached No ) S On March 28, 1994, the City Council approved plans and specifications and authorized advertisement for bids for the 1994 Diseased Tree Removal Program, Improvement Project No 1994 -22. Bids for this work were received and opened on April 13, 1994. The bids submitted were as follows: Bidder Amount Outside Services,'Inc. $ 19,920.00 Ceres Tree Company $ 22,895.00 The apparent low bidder for the project is Outside Services, Inc., of Anoka. Outside Services, Inc. was the City's contractor last year and proved to be a competent firm that performed acceptably. Accordingly, staff recommends accepting the low bid and awarding the contract to Outside Services, Inc. of Anoka. RECOMMENDED CITY COUNCIL ACTION A resolution accepting bid and awarding contract to Outside Services Inc. of Anoka is provided for consideration. 13d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1994 DISEASED TREE REMOVAL, IMPROVEMENT PROJECT NO. 1994 -22, CONTRACT 1994 -C. WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1994 -22, bids were received, opened, and tabulated by the City Engineer, on the 13th day of April, 1994. Said bids were as follows: Bidder Amount Outside Services, Inc. $ 19,920.00 Ceres Tree Company $ 22,895.00 WHEREAS,it appears that Outside Services, Inc. of Anoka 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 $19,920.00, with Outside Services, Inc. of Anoka in the name of the City of Brooklyn Center, for Improvement Project No. 1994 -22, 1994 Diseased Tree Removal, according to the plans 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 Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 4/25/94 Agenda Item Number 13 3 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING FEE SCHEDULE FOR THE ADMINISTRATION OF TREE REMOVAL ACCOUNTS DEPT. APPROVAL: Diane Spector, Public rks Coordinator MANAGER'S REVIEW /RECOMMENDATION: , No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached No ) The administrative fee schedule for the City's tree removal program has not been reviewed since 1991. This schedule includes an administrative fee added to the • removal cost of a tree, and where owners choose to have the removal cost of a tree certified as a special assessment, a special assessment fee and a capitalized interest charge. Administrative Fee This fee is intended to cover costs involved in the inspection of trees, administrative costs involved in the notification of property owners, development and enforcement of the tree removal contract, follow -up inspections, etc. —all as necessary to assure that diseased trees are removed properly. This fee is currently $44 per tree. Based on 1993 costs, projected 1994 administrative costs are as follows: Labor and overhead (Total program) $9,000 Estimated boulevard /park tree administration costs (50% of total) $4,500 Mobilization (contract insurance costs) $3,000 SUBTOTAL, administrative costs $7,500 Number of trees sharing costs (according to Engineer's Estimate) 98 Administrative Cost per tree $76 The.primary reasons why administrative costs have risen are 1) there are fewer • trees being marked to spread the fixed labor costs over, and 2) more property owners are contesting the Tree Inspector's diagnosis and demanding repeat visits to the property. We recommend that the administrative fee be increased to $76 per tree for private trees and $38 per tree for boulevard trees. Capitalized Interest • Capitalized interest represents the City's cost of carrying the tree removal cost. In other words, the City pays the tree removal contractor immediately upon removal, but does not begin collecting the special assessment for anywhere between nine and fifteen months. The interest charged by the City to the property owner over this time is then added to the cost of the tree removal. In 1991 this capitalized interest charge was increased to $30 per tree. Since that time, the City has eliminated from its diseased tree contract removal of trees on private property, so the number of property owners choosing assessment as an option has been much reduced. One result is that the trees now being assessed now tend primarily to be large, expensive tree removals, many of which are "force" trees (trees removed by the City because the property owner did not respond to any orders to remove). The current capitalized interest charge does not recover anywhere near the city's cost of assessing those trees. For example, the most expensive 1993 tree removal which is scheduled to be assessed in 1994 was $1,409. This cost was incurred in November, 1993, and will not be certified until September, 1994, accruing ten months' interest. Thus $1,409 x 10 months x 9% annual interest = $106. The current charge is $30. On the other hand, the least expensive to be assessed is $102, incurred in August, 1993. $102 x 13 months x 9% annual interest = $10. We recommend that the capitalized interest charge be changed from a flat $30 • per tree to the actual interest cost per tree. RECOMMENDED CITY COUNCIL ACTION A resolution is provided for consideration by the City Council. If the Council decides that the fees should be amended, the resolution provides blanks in which to enter the desired fees. If the Council determines that no change is needed, then no action is required. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING FEE SCHEDULE FOR THE ADMINISTRATION OF TREE REMOVAL ACCOUNTS WHEREAS, the Brooklyn Center City Council has provided for the establishment and administration of programs for the removal of diseased and other shade trees as specified by the Tree Inspector; and WHEREAS, a review of administrative costs indicates that the existing administrative fee schedule for maintenance of necessary accounts related to said programs needs to be adjusted to more accurately reflect the cost of services provided by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the existing fee schedule be amended as follows: Tree Removal Accounts Existing Schedule Amended Schedule Administrative Fee Private Property Tree /Stump $44.00 $ Boulevard Tree /Stump $22.00 $ Capitalized Interest $30.00 Actual BE IT FURTHER RESOLVED that said amended fee schedules shall be effective immediately. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon the P g following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 04/25/94 Agenda Item Number 1 -3 /� REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1994 -B, PEDESTRIAN BRIDGE REPAIRS AT CENTERBROOK GOLF COURSE, IMPROVEMENT PROJECT NO. 1993 -21 DEPT. APPROVAL: Mark J. Maloney, ity Engineer MANAGERS REVIEW/RECOMIVIENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached No l • Contract 1994 -B, Pedestrian Bridge Repairs at Centerbrook Golf Course, has been completed by C.S. McCrossan, Inc. The City Council accepted the low bid and awarded a contract to McCrossan per Resolution No. 94 -27 in February of this year. In the course of this project, it was discovered that the actual conditions encountered in the field during construction required more bituminous removal, gravel fill and concrete paving than was provided for in the original contract documents. Accordingly, the City Engineer has prepared Change Order No. 1 to provide for contract amendments necessary to cover the quantities which were increased (and decreased) during the project. The total net addition to the contract for Change Order No. 1 is $3,956.79. The actual value of the work performed for this contract is $35,756.79. Staff recommends approving Change Order No. 1, accepting the work performed and authorizing the final payment for the project. RECOMMENDED CITY COUNCIL ACTION A resolution which approves Change Order No. 1, accepts the work performed and approves final payment to C.S. McCrossan, Inc., is provided for consideration. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1994 -B (PEDESTRIAN BRIDGE REPAIRS AT CENTERBROOK GOLF COURSE, IMPROVEMENT PROJECT NO. 1993 -21) WHEREAS, the City Council entered into Contract 1994 -B with C.S. McCrossan Construction, Inc. for the construction of Improvement Project No. 1993 -21, and WHEREAS, the City Engineer has determined that certain additional items of work should be added to the existing contract; and WHEREAS, the Contractor, C.S. McCrossan Construction, Inc. has agreed to the prices and quantities for said additional work; and WHEREAS, pursuant to said written contract signed with the City of Brooklyn Center, Minnesota, C.S. McCrossan Construction, Inc. has satisfactorily completed the following improvements in accordance with said contract: PEDESTRIAN BRIDGE REPAIRS AT CENTERBROOK GOLF COURSE IMPROVEMENT PROJECT NO. 1993 -21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Change Order No. 1 to Contract 1994 -B, as prepared by the City Engineer, which provides for a net increase in contract costs of $3,956.79, is hereby approved. 2. The work completed under said contract is accepted and approved according to the following schedule: Per Change As Approved Order No. 1 Per Low Bid and Final Contract $31,800.00 $35,756.79 Contingency 3,180.00 -0- Subtotal Construction $34,980.00 $35,756.79 Staff Engineering (10 %) 3,498.00 3,575.68 Admin. & Legal (3%) 1,049.00 1,072.70 Total Est. Project Cost Improvement Project No. 1993 -21 $39,527.00 $40,405.17 RESOLUTION NO. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $35,756.79. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 04/25/94 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING ACQUISITION OF STORM SEWER EASEMENTS RELATING TO IMPROVEMENT PROJECT NO. 1994 -12, UTILITY IMPROVEMENTS FOR NORTHWEST NEIGHBORHOOD DEPT. APPROVAL: Mar J. Ma on Engineer MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached No ) City staff has identified the temporary and permanent easements necessary to • construct and maintain the storm drainage facility that will be'constructed in conjunction with the Northwest Neighborhood improvement project. These four easements are necessary for access to and construction on a vacant parcel of property adjacent to Shingle Creek, and for the construction of a storm sewer line along a property line between two houses. The attached resolution details the properties affected. The City Engineer has negotiated agreements for the necessary easements with the affected property owners, at values provided by the City Assessor. The total value of these four temporary and permanent easements is $17,064.76, and will be included with the project costs for storm drainage improvements. Staff recommends approval of these acquisitions so that the necessary storm drainage improvements can proceed with the rest of the proposed project. RECOMMENDED CITY COUNCIL ACTION A resolution which approves acquisition of the necessary easements is provided for consideration. r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING ACQUISITION OF STORM SEWER EASEMENTS RELATING TO IMPROVEMENT PROJECT NO. 1994 -12, UTILITY IMPROVEMENTS, NORTHWEST NEIGHBORHOOD WHEREAS, the City Council, on March 28, 1994 adopted Resolution No. 94 -65 ordering Improvement Project Nos. 1994 -11 and 1994 -12, Street and Utility Improvements for the Northwest Neighborhood; and WHEREAS, the City Engineer has advised the City Council that it is necessary to acquire easements from the following properties to allow for construction to be completed in accordance with approved plans. Legal Appraised Owner P.I.D. No Description Value Mallard Pond 28- 119 -21 -42 -0086 Part of Lot 56, Block 1 $8,235.00 Twinhomes Association THE PONDS PLAT FIVE Creek Villas 28- 119 -21 -41 -0113 Part of Outlot C, $5,764.00 Townhome Association 28- 119 -21 -41 -0119 CREEK VILLAS Norval & Marilyn Toole 28- 119 -21 -44 -0072 Part of Lot 4, Block 4, $2,115.76 5018 71st Avenue North MILLER'S WILLOW LANE SECOND ADDITION Jerome Sherber 28- 119 -21 -44 -0023 Part of Lot 5, Block 4, $ 950.00 5024 71st Avenue North MILLER'S WILLOW LANE SECOND ADDITION WHEREAS, the City Engineer has advised the City Council that agreements have been reached to acquire these easements at the City Assessor's appraised values as shown above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the acquisition of said easements at the appraised values is hereby approved. The Mayor and City Manager are hereby authorized and directed to acquire said easements on that basis. All costs for right -of -way acquisition shall be charged to the project. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i CITY OF BROOKLYN CENTER Co mcil Meeting Date V251% A9=& Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED JOINT AND COOPERATIVE AGREEMENT FOR NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION DEPT. APPROVAL: Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECON MENDATION: No comments to supplement this report Comments below /attached SUNMARY EXPLANATION: (supplemental sheets attached ) • At its March 31, 1994, meeting, the Northwest Suburbs Cable Communications Commission tentatively approved ed amendments to the Join y pp t and Cooperative Agreement for Northwest Suburbs Cable Communications Commission." The changes are non - substantive and do not change the Commission's operations as they have evolved and are practiced. This is an effort to do some housekeeping of present language which was adopted thirteen years ago. RECOMMENDED CITY COUNCIL ACTION Adopt Resolution Authorizing Execution of an Amended Joint and Cooperative Agreement for Northwest Suburbs Cable Communications Commission. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED JOINT AND COOPERATIVE AGREEMENT FOR NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION WHEREAS, on June 22, 1981, the City Council adopted Resolution No. 81 -129 authorizing Joint Powers Agreement for Northwest Suburbs Cable Communications Commission; and WHEREAS, a revised Joint Powers Agreement in accordance with Minnesota Statutes Sections 238.08 and 471.59 has been proposed by the Northwest Suburbs Cable Communications Commission which would continue to provide the operating framework for the joint powers organization, comprised of cooperating municipalities in the Northwest Suburbs known as the Northwest Suburbs Cable Communications Commission; and WHEREAS, the general purpose of the Joint Powers Agreement is to establish an organization to study, prepare, adopt, grant, transfer, renew, administer, and enforce a cable communications franchise(s) in member municipalities in the Northwest suburbs of Hennepin County, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that it hereby authorizes and directs its Mayor and City Manager to enter into and execute on behalf of the City of Brooklyn Center the revised Joint and Cooperative Agreement establishing the Northwest Suburbs Cable Communications Commission. BE IT FURTHER RESOLVED that the City Council of the City of Brooklyn Center hereby designates Todd Paulson and Gerald Splinter to continue as Commissioners to the Northwest Suburbs Cable Communications Commission. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption o the foregoing resolution was dul f h P Y 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. March 31, 1994 REVISED JOINT AND COOPERATIVE AGREEMENT NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION The parties to this agreement are governmental units of the State of Minnesota. This agreement is made pursuant to Minn. Stat. 238.08 and 471.59, as amended. I. PURPOSE The general purpose of this agreement is to establish an organization to study, prepare, adopt, grant, TRANSFER, RENEW, administer and enforce non- exe+us4:ye a cable communications franchise(S), AND TO STUDY AND MAKE RECOMMENDATIONS AS NECESSARY, REGARDING OTHER TELECOMMUNICATIONS ISSUES, in member municipalities in the Northwest Suburbs of Hennepin County, Minnesota. II. NAME The name of the organization is the Northwest Suburbs Cable Communications Commission (NSCCC). III. DEFINITIONS For the purposes of this agreement, the terms defined in this article shall have.the meanings given to them. Section 1. " Associate " means a governmental unit other than a member, in the State of Minnesota which has complied with all conditions of associate membership imposed by the Commission. Section 2. " Commission " means the organization created pursuant to this agreement. 1 Section 3. u Dj:reeter u "COMMISSIONER" means a person appointed by a member City Council to be one of its representatives on the Commission. Section 4. " Member " means a municipality which enters into this agreement and is, at the time involved, a member in good standing. IV. MEMBERS The municipalities of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, Osseo, Plymouth and Robbinsdale are eligible to be members of the Commission. OTHER MUNICIPALITIES MAY BE CONSIDERED FOR MEMBERSHIP. ELIGIBILITY FOR MEMBERSHIP WILL BE DISCUSSED AT THE TIME A REQUEST FOR MEMBERSHIP IS RECEIVED. V. ASSOCIATES Section 1. Eligibility Governmental units other than members, which desire to follow the activities of the Commission and receive and contribute information about the development of a cable communications system, may affiliate with the Commission as associates. Section 2. Application A governmental unit desiring to become an associate may do so by written application to the Commission. The Commission may by resolution accept an application for associate membership and impose conditions upon the admission of associates. 2 Section 3. Associate Bireeters COMMISSIONERS An associate may appoint an associate direeter COMMISSIONER end- en - e�terneti�e esseeiete- direeter to the Commission who may serve as observers without the right to vote. Associates shall not be eligible to serve as an officer and shall not be counted for quorum purposes. Section 4. Withdrawal An associate may discontinue its association with the Commission at any time by giving thirty days written notice of its withdrawal to the Seereterp - of - the Commission. Withdrawal shall not relieve that associate from its obligations to pay any charges which it has incurred up to the time of withdrawal. A withdrawing associate shall have no claim to any assets or work product of the Commission. VI. BIREeTeRS COMMISSIONERS Section 1. Qualifications /Appointment The City Council of each member shall be entitled to appoint by resolution two direeters COMMISSIONERS, at least one of whom shall be a member of that Council, OR ITS DESIGNEE, and the other a qualified voter residing within that municipality. When the Council of a member appoints its first two direeters COMMISSIONERS, it shall give notice of their appointments to the eity- Manager -of- the- eity -ef erystal COMMISSION. Notice of a successor direeter COMMISSIONER shall be given to the Seeretery -e€ -the Commission. Notices shall include the name, PHONE NUMBER and mailing address of the direeter COMMISSIONER which shall be deemed to be the official name and address of that direeter COMMISSIONER for the purpose of giving any notice required under this agreement. 3 Section 2. Term The terms of the first d4 :reeters COMMISSIONERS shall begin on the effective date of this agreement and shall continue until June 1, 1982. Thereafter, each d4:reeter COMMISSIONER shall serve for a term of one year OR UNTIL THEY RESIGN OR ARE REPLACED. A d4:reeter COMMISSIONER shall serve at the pleasure of his or her city council. Section 3. Voting Each &4:reeter COMMISSIONER shall have one vote. There shall be no voting by proxy, but all votes must be cast in person at Commission meetings by the d4:reeter COMMISSIONER. A d4:reeter COMMISSIONER shall not be eligible to vote on behalf of his or her municipality during the time that said municipality is in default on any contribution or payment to the Commission. Section 4. Compensation -B4reeters COMMISSIONERS shall serve without compensation from the Commission, but this shall not prevent a member from compensating its d4:reeters COMMISSIONERS if compensation'by that member is otherwise authorized by law. COMMISSIONERS, AT THE DISCRETION OF THE COMMISSION, MAY BE REIMBURSED FOR OUT OF POCKET EXPENSES, INCLUDING BASIC CABLE SERVICE, WHICH RESULT FROM THE PERFORMANCE OF THEIR DUTIES AS COMMISSIONERS. VII. OFFICERS Section 1. Number /Election The officers of the Commission shall consist of a Chairman, a Vice Chairman, a Treasurer, and a Secretary, all of whom shall be elected at the first meeting of the Commission, and thereafter at the annual meeting of the 4 commission held in Jane NOVEMBER of each year. New officers shall take office at the adjournment of the annual meeting of the Commission at which they are elected. Section 2. Chairman /vice Chairman The Chairman shall preside at all meetings of the Commission and Executive Committee and shall perform all duties incident to the office of Chairman, and such other duties as.may be delegated by the Commission. The Vice Chairman shall act as Chairman in the absence of the Chairman. Section 3. Secretary The Secretary shall be responsible for keeping a record of all of the proceedings of the Commission and Executive Committee and giving notice of the meetings. THE COMMISSION MAY DELEGATE THIS RESPONSIBILITY TO THE EXECUTIVE DIRECTOR. Section 4. Treasurer The Treasurer shall have custody of the Commission's funds, pay its bills, keep its financial records and generally conduct its financial affairs. The Commission may appent- a- Hepttty- �'a9t�rer; -�rhe -need- net- }�e a- elieete DELEGATE THIS RESPONSIBILITY TO THE EXECUTIVE DIRECTOR. Orders, checks, and drafts of the Commission shall require the signatures of the 4 g �reast��er- e�- Be} �t�ty- �Pneast�re�- ane�- tke- El°iai�mar�- e�- Viee- 81�ai�ma� TWO OF THE FOLLOWING: THE CHAIR, TREASURER, EXECUTIVE DIRECTOR OR ASSISTANT EXECUTIVE DIRECTOR. The Treastte-- Hepttty ��eastt�e and -sueh -ether officers as OF THE Commission sha1l - pre - V4:de shall post a fidelity bond or other insurance in an amount approved by the Commission covering all persons authorized to handle 5 Commission funds. The Commission shall pay the cost of the bond or insurance. The Commission's financial books and records shall be audited on or before June 1 of each year, or at such other time as the Commission may direct, by an independent auditor designated by the Commission. Section 5. Executive Committee There shall be an Executive Committee which shall consist of the four officers and one other d4:reeter COMMISSIONER elected by the Commission. To the extent specifically delegated by the by -laws or resolutions of the Commission, the Executive Committee shall have the authority of the Commission in the management of the business of the Commission. The Executive Committee shall act only in the interval between meetings of the Commission and at all times is subject to the control and direction of the Commission. The Executive Committee shall meet at the call of the Chair or upon the call of any other two members of the Executive Committee. The date and place of the Executive Committee meeting shall be fixed by the persons(s) calling it. At least forty -eight hours advance written notice of that meeting shall be given. to -al} members e€- tke- E�eerzti�re- Eemmittee- bp- tl�e- persen- eal�i�tg -that meeting; - l�ewe�er-- r�e�iee mar be - �aai� reel - by - any - er - all - members - wl�e aettta�lp attend -tl�e- meeting- er -whe -gimme- written -�aai er- a € -5ueh netiee €er- a- speei€ }eel - meeting. VIII. MEETINGS i s 6 Section 1. Within thirty (30) days after the effective date of this agreement, the City Manager of the City of Crystal shall call the first meeting of the Commission which shall be held no later than fifteen (15) days after such call. Section 2. The first meeting of the Commission shall be its organizational meeting. At the organizational meeting, the Commission shall select its officers from among the direeters COMMISSIONERS. Section 3. At the organizational meeting, or as soon thereafter as it may reasonably be done, the Commission shall adopt by -laws governing its procedures including the time, place, notice for and frequency of its regular meetings, procedure for calling special meetings, and such other matters as are required by this agreement. The Commission may amend the by -laws from time to time. Section 4. Voting/Quorum Unless otherwise provided in this agreement, no business shall be conducted unless voted for by a majority of the direeters COMMISSIONERS present and voting at a Commission meeting, or by a majority of the Executive Committee at its meetings, except that in both instances less than a majority may adjourn from time to time. A majority of the d4:reeters COMMISSIONERS shall constitute a quorum of the Commission and a majority of the members of the Executive Committee shall constitute a quorum for a meeting of the Executive Committee. IX. POWERS RIGHTS AND DUTIES OF COMMISSION 7 The powers, rights and duties of the Commission shall include those set forth in this Article. Section 1. Franchising Authority The Commission shall act as the cable communications franchising authority for the members. Section 2. Grant of Franchise The Commission shall prepare, adopt and grant,a cable communications franchise ordinance pursuant to all applicable local, state and federal laws, rules and regulations. Section 3. Needs Assessment Report The Commission shall compile, make publicly available and approve a Needs Assessment Report. Section 4. Request for Proposals The Commission shall prepare and adopt after a public hearing a Request for Proposals. The h adoption of the Request shall be unanimous vote of the P q 1 by a u elieete�s a € - tke Eemmissier� COMMISSIONERS present and voting. Votes shall be taken until the Request for Proposals is adopted unanimously or until the hearing is adjourned in which case the Commission may schedule and hold additional meetings to adopt a request for Proposals. Section 5. Designation of Company After receipt and review of all proposals submitted to the Commission by cable communications companies, the Commission shall select by resolution after a public hearing one A cable communications company to which it may grant a franchise. The adoption of this resolution shall be by a unanimous vote of the e�ireetere- e € -tke 8 e0mm4:994:0n COMMISSIONERS present and voting. Votes shall be taken until a cable communications company is unanimously selected or until the hearing is adjourned in which case the Commission may schedule and hold additional meetings to select a company. Section 6. Adoption of Franchise Ordinance The Commission shall prepare, adopt, and grant to- one- eable- eemmttneaens eomganp a non - exclusive cable communications franchise(S) (hereinafter-"franchise ordinance ") to construct, maintain, operate, or manage a cable communications system encompassing all of the territory of the members. The adoption of the franchise ordinance and the grant of the franchise shall be after a public hearing by a unanimous vote of the direeters COMMISSIONERS present and voting. Votes shall be taken until the franchise ordinance is adopted or until the hearing is adjourned in which case the Commission may schedule and hold additional meetings to adopt the franchise ordinance and grant the franchise. In the event no further meetings of the Commission are scheduled to adopt the franchise ordinance, the franchising process shall cease and the Commission shall promptly recommence the franchising process at any point in the process as determined by the Commission. Section 7. Publication /Effective Date The franchise ordinance adopted by the Commission shall be signed by the Chairman and attested by the Secretary. The franchise ordinance shall be published within fifteen days after adoption by the 9 Commission. The franchise ordinance shall take effect thirty days after the last date of its publication, or at such later date as fixed therein except as provided in Section 8 of this Article. Section 8. Withdrawal At any time, but not later than five days before the effective date of the franchise ordinance, a member may withdraw withqut cause from the Commission by giving written notice of its withdrawal to the Secretary of the Commission. A member's withdrawal pursuant to this section shall be effective upon the receipt of the notice of withdrawal by the Seeretary -of -the Commission. A member withdrawing pursuant to this section shall not be bound by the franchise ordinance adopted and granted by the Commission. If two or more members withdraw pursuant to this section, the franchising process shall cease and the franchise ordinance shall not become effective as to any members. Section 9. Administration/Enforcement The Commission shall administer and enforce the cable communications franchise ordinance or may delegate the franchise ordinance enforcement and administration to its members for -which service the Commission shall pay or reimburse its member. Section 10. Rates Bpi -a- mete -e €- mere - khan- �5°a -ef -the direeters present- and- �retir�g,-- the- Eemmissien- al�all- app�e�e ehanges - in - rates- ehargeel- st�bseribers -by- the- eable- eemmt�r�ieatiens eempamy - -- The eemmiasien shall- neti €y -eaeh- member - a €- prepased 10 changes - gin - rates - el° urged- stzbseribers -at- leash- th4:rhp- days -prier ta- e- hearing -an- the - issue- THE COMMISSION SHALL COMPLY WITH ALL FEDERAL AND STATE LAWS REGARDING RATE REGULATIONS. Section 11. Legislative Activities The Commission may submit written comments to and appear before state and federal legislatures, agencies and arbitration bodies on proposed rules, regulations or legislation regarding eab�e- ee7nmttneatans TELECOMMUNICATIONS, and it may direct its representatives to appear and testify on TELECOMMUNICATIONS. Section 12. Investigation The Commission may investigate the operation of cable- eensmttneatans TELECOMMUNICATIONS systems in other cities in Minnesota or elsewhere, and the expenses of traveling and subsistence of direeters COMMISSIONERS in making any such investigation shall be borne by the Commission. Section 13. Gifts /Grants The Commission may accept gifts, apply for and use grants and may enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms hereof. Section 14. Contracts The Commission may make such contracts and take such other action as it deems necessary and appropriate to accomplish its general purposes. Section 15. Advisory Bodies The Commission may appoint advisory bodies to make recommendations to it on eable eemmunieatiens TELECOMMUNICATIONS. 11 Section 16. Amendments and Agreement The Commission shall recommend to its members amendments to this agreement which will facilitate the administration and enforcement of the franchise ordinance. Section 17. Other Actions The Commission may exercise any other power necessary and incidental to the implementation of its powers and duties. Section 18. Other Laws and Regulations This agreement, all.Commission activities, and any franchise ordinance adopted or franchise granted by the Commission shall be suject to all local, state and federal laws and regulations as provided in the terms of the franchise ordinance. X. FINANCIAL MATTERS Section 1. - Contributions 1980 The expenses of the Commission for the remainder of 1980 shall be paid by the Commission from the contributions for previous budget years already received from Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, Osseo, Plymouth and Robbinsdale. Section 2. Contributions: Subsequent Years Contributions for the year 1981 and subsequent years sha +1 MAY be assessed according to each member's population, established by reference to the Metropolitan Council's most recent Social and Demographic Report A member having a population between 0 and 3,000 persons shall be assessed two shares of the Commission's final budget. A member having a population in excess of 3,000 persons 12 shall be assessed five shares of the Commission's final budget. A member shall be deemed in default if said member's contribution is not paid in full within sixty days after the date of assessment. Section 3. Budget Process: 1981 A proposed budget for the year 1981 shall be formulated by the Commission and submitted to the members within sixty days after the effective date of this agreement. The budget shall be effective only if approved by a three - fourths majority of the city councils of members within forty -five days after its submission to them. The 1981 budget shall be deemed approved by a member unless that member withdraws from the Commission within forty -five days after the budget has been submitted to it. If the budget is not approved by the members, or if a member withdraws from the - Commission, the Commission shall promptly formulate a revised budget and submit it to the remaining members for their review and approval. Section 4. Budget Process: Subsequent Years A proposed budget for the year 1982 and all succeeding years shall be €er�nt�ieed -by- the- Cernmissien -and submitted to its - members THE COMMISSION on or before August NOVEMBER 1 15 of each year beginning in 1981. A budget shall be effective only if approved by a three-fourths majority of the members COMMISSIONERS PRESENT AND VOTING. be€ ere 6ebeber -�� a € eaept year.--- �l�e bttde�et shall - be deemed appre� red -by -a- member - unless- ib- �ribl�dra�as- €rem -the Commission -be€ ere 6ebeber - a € -blue- year preeeding- blue- a € €eebi�te da €e - e €- the- prepesed- budge € - - -1 €- the - budget -is- net- appra�ed -bp -a 13 three fourths majeritp -e€ -the- members,-- er -i € -a- member - withdraws € rem - the eemmissien;- tl° ie- eemmissien- she��- prempt�p- €ermuiate -e re�iseel bt�ele}et- and - submit- it -te- the - remaining members - €er - their re�aieFr- ane�- appre�*ei- Section 5. Expenditures Commission funds may be expended by the Commission in accordance with the procedures established by laws for the expenditure of funds by Minnesota statutory cities. All checks shall be executed by TWO OF THE FOLLOWING: the Chairman, and the Treasurer, THE EXECUTIVE DIRECTOR OR THE ASSISTANT EXECUTIVE DIRECTOR. er -ene- ether - a € €ieer -e€ -the eemmissien- Section 6. Annual Audit The annual audit of the Commission's books and records shall be reported to the members COMMISSIONERS. The Commission's books and records shall be available for and open to examination by the members and the general public at reasonable times.' Section 7. Franchise Fees The franchise ordinance adopted by the Commission shall provide that the Commission shall collect all franchise fees paid by the cable communications company, provided that a member which has withdrawn from the Commission shall receive all franchise fees generated after the effective date of withdrawal attributable to the subscribers within that member's territorial boundaries. 14 XI. WITHDRAWAL Section 1. Withdrawal by October 15 . A member may withdraw from the Commission by sending a written Notice of Withdrawal to the Commission Seeretary before October 15 of any year. A member's right to withdraw under this Article shall be in addition to any other rights of withdrawal in this Agreement. Section 2. Notice of Withdrawal A member withdrawing from the Commission under this Article er- �4rele- #-- Seeens - - and - shall send to the CommissionLs- Seeretary a written Notice of Withdrawal specifying the effective date of withdrawal and containing a copy of the City Council's action approving its withdrawal. A member's withdrawal shall be effective on December 31 of the year FOLLOWING THE YEAR that THE member sends its Notice of Withdrawal unless it specifies a later date in its Notice. A Notice of Withdrawal may be rescinded prior to its effective date at any time by a member. Section 3. Effectiveness of Ordinance After Withdrawal The franchise ordinance adopted by the Commission shall provide that it is effective and enforceable within the territorial limits of a municipality which has withdrawn from the Commission under this Article. The franchise ordinance shall delineate the specific procedures and requirements for the effectuation and enforcement of the franchise within the territorial boundaries of the withdrawing municipality. 15 Section 4. Access to Commission Assets A member withdrawing from membership at a time when such withdrawal does not result in dissolution of the Commission shall forfeit its claim to any assets of the Commission except that it shall have access, at a reasonable cost and under such conditions as the Commission may determine, to any cable communications programs, files or other materials developed for use with the system while the withdrawing municipality was a member. Subscribers residing in the withdrawing municipality shall have full, complete and equal access to all studios, equipment and other such material and services available to other subscribers represented by the Commission. XII. DISSOLUTION Section 1. Method The Commission shall continue for an indefinite term unless the number of members shall become less than four. The Commission may also be terminated by mutual agreement of all of the members at any time. Section 2. Distribution of Assets Upon dissolution of the Commission, all remaining assets of the Commission, after payment of obligations, shall be distributed among the then existing members in proportion to their contributions and in accordance with procedures established by the Commission. The Commission shall continue to exist after dissolution for such period, no longer than six months, as is necessary to w4:n d-tip COMPLETE its affairs, but for no other purpose. 16 Section 3. Effectiveness of Ordinance After Dissolution The franchise ordinance shall provide that upon dissolution it is effective and enforceable by each individual member within the territorial limits of members at the time the franchise ordinance was effective. XIII. EFFECTIVE DATE Section 1. Execution of Agreement A municipality may enter into this agreement by resolution of its Council and the duly uthorized execution y ut of a copy of this agreement by its duly authoried officers. Thereupon, the Clerk or other appropriate officer of that municipality shall file a duly executed copy of this agreement, together with a certified copy of the authorizing resolution with the Eip- Manager - a € - lie- Eiy- e- Eystal COMMISSION. The resolution authorizin g the execution of the agreement shall 11 also designate the first elireeters COMMISSIONERS for the municipality, along with the d+reeterst COMMISSIONERS' addresses and phone numbers. Section 2. Effective Date This agreement is effective on the date when executive and authorizing resolutions of six of the municipalities named in Article IV, Section 1 have been filed as provided in this Article. Section 3. Previous Agreement Superseded This agreement, when effective, supersedes all previous agreements between the members hereto establishing a joint cable communications commission. 17 IN WITNESS WHEREOF, the undersigned municipality has caused this agreement to be signed on its behalf this day of CITY OF Mayor , City Manager Filed in the office of the Manager of the City of this day of , City Manager I 18 CITY OF BROOKLYN CENTER Council Meeting Date 4/25/94 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: 1. Resolution Adopting Administrative Organizational Structure as Recommended by the Financial Commission 2. An Ordinance Amending Chapter 6 Regarding the Administrative Code DEPT. APPROVAL: Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUNMARY EXPLANATION: (supplemental sheets attached ) At its March 28, 1994, meeting, the City Council instructed Staff to prepare documentation to implement the Financial Commission's recommended organizational structure. Attached please find a resolution implementing the recommended administrative organizational structure. This resolution authorizes the City Manager to modify various documents such as the City Budget, Pay Plan, and authorizes the first reading of an ordinance which amends Chapter 6 to reflect the new organizational structure. Attached for your reference are copies of the materials submitted by Staff and the Financial Commission as a part of the Council's consideration of this matter on March 28, 1994. RECOMMENDED CITY COUNCIL ACTION Staff recommends Council's favorable consideration of the attached resolution which approves for first reading An Ordinance Amending Chapter 6 Regarding the Administrative Code and set public hearing date. CITY OF BROOKLYN CENTER Council Mecting Date 3/28194 Agenda Item Number Q REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: FINANCIAL COMMISSION RECOMMENDATION REGARDING ADMINISTRATIVE STRUCTURE MODIFICATIONS ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Gerald G. Splinter, City Manager MANAGER'S REVIEWIRECONEMENDATION: No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) The Financial Commission, as a part of its organizational evaluation process, has been reviewing suggested changes and modifications to the administrative structure of the City of Brooklyn Center. After this review at its March 15, 1994, meeting, the Financial Commission recommends to the City Council the adoption of a new administrative organizational structure for the City of Brooklyn Center contained in the attached Chart B. I have enclosed for your information Chart A which indicates the current administrative organizational structure of the City of Brooklyn Center. The recommended organizational administrative structure modifications involve the following: • Community Development Department adds the function of City Assessing to th current responsibilities of the department which are inspections, EDA /HRA, zoning enforcement, and management of the Earle Brown Heritage Center. • Financial Services Department adds the supervision of Liquor Stores to its responsibilities. The current official designation of responsibilities for this department are accounting, audit, utility billing, risk management, and management information services. It should be noted here that for many years the Liquor Store Management has been supervised by Financial Services Department, and the official organizational structure has not been modified to indicate this. If the Council passes this structure, it will basically be recognizing what exists at this time. • The major change in this proposed modification of the administrative organization of Brooklyn Center involves the creation of a Public Services Department. This department will be a combination of the current Public Works Department and the Recreation Department. The Public Works Department is currently responsible for engineering, street maintenance, sanitary sewer utility, central garage, government buildings, storm sewer utility, water utility, and park maintenance. The Recreation Department is responsible for management of recreation programs, community center, and the golf course. Because there is currently a vacancy in the Public Works Director position, the Financial Commission recommended that prior to filling that position, the Commission be given the opportunity to review the administrative structure and make recommendations with regard to that structure. Because of this request, we have delayed recruiting for the Public Works Director position. If the City Council adopts the new administrative structure, we would be recruiting for the position of Public Services Director rather than Public Works Director. This new department would allow the City to more effectively coordinate the operations of the parks maintenance and recreation programming. This reorganization further recommended modification of the City Engineer's position to assume supervision of the public works maintenance functions. This would also streamline our administrative structure by reducing the number of departments reporting directly to the City Manager. A few years ago, the city Council approved a similar organization change which led to the development of the Community Development Department by merging the Planning and Inspections Department with EDA /HRA and the Earle Brown Heritage Center management. This has been most successful, and I believe the current recommended reorganization will be similarly successful. It is my recommendation the City Council by motion authorize the City Manager to recruit for the new Public Services Director position internally. I have had an opportunity to review the qualifications of applicants for a similar position in another metro suburban community. The qualifications and experience of the applicants for this position compare favorably to personnel currently employed by the City of Brooklyn Center. For this reason and the fact that we have qualified, successful candidates from within the organization, it will facilitate a smooth transition from Mr. Knapp's leadership to the new individual because they will understand the operations of the current City organization. Because the recruiting would be internal, it can be a quicker process and offers the advantage of getting someone appointed to this position more quickly than if we went through an external recruitment. RECOMMENDED CITY COUNCIL ACTION Adopt a motion directing staff to prepare the necessary documents to implement the Financial Commission recommendations for modifying Brooklyn Center's administrative organizational structure. In addition, the City Manager recommends the Council pass a motion authorizing internal recruitment for the Public Services Director position. MINUTES OF THE PROCEEDINGS OF THE FINANCIAL COMMISSION OF THE CITY OF BROOKLYN CENTER MARCH 15, 1994 BROOKLYN CENTER CITY HALL, COUNCIL CHAMBERS CALL TO ORDER Vice Chair Ned Storla called the.meeting to order at 7:04 P.M. in the City Hall Council Chambers. ROLL CALL Present at roll call were Commissioners: Denis Kelly, Lee Anderson, Ned Storla and Larry Peterson. Also present were Mayor Todd Paulson City Manager Gerald Splinter, and Finance Director Charlie Hansen. Approval of Minutes A motion was made by Commissioner Larry Peterson to approve the minutes of the January 11, 1994 and February 15, 1994 meetings. Commissioner Lee Anderson seconded the motion and all members voted in its favor. City Council Action of proposed policies Charlie Hansen reported on the City Council's action in adopting the Policy and on City Contractual Services for Nonprofit Organizations at their March 14, 1994 meeting. This policy was developed by the Financial Commission, the Human Rights and Resources Commission, and the Parks Commission during 1993 and was unanimously adopted by the City Council. Adopted Polices Charlie Hansen handed out to each member present a three ring binder of policies that have been adopted since the inception of the Financial Task Force. This had been requested b Chair Donn � Y Escher at an earlier meeting. Organizational Evaluation Process A memo from Chair Donn Escher was distributed which expressed his opinions on the reorganization since he was unable to attend this meeting. Gerald Splinter introduced the organizational charts included in the agenda and discussed the operation of the Engineering Department. Due to the new technologies of computerized drafting and mapping, there is a possibility of reducing the number of engineering technicians from four to three and using the savings to add an assistant engineer to the department. At the same time, the need for professional staff is increasing. These needs are: increased Council, Commission, and neighborhood meetings, watershed activities, annual rate analysis, annual capital improvement program, program budget, Highway 100, neighborhood street reconstruction, central garage, City buildings reconstruction, ADA, hazardous waste, and commercial redevelopment. Denis Kelly commented that the City recently had missed an opportunity to reduce staff in another department. Discussion ensued regarding the need for engineering staff during the time when the city was built up in the 1950s and 1960s verses now when the activity is redevelopment of private property and rehabilitation of infrastructure. Denis Kelly moved adoption of Chart B as a recommendation to the City Council as a basis for reorganization. Larry Peterson seconded the motion. The motion passed unanimously. Next Meeting The next meeting will be Thursday, May 5, 1994 at 7:00 P.M. ADJOURNMENT At 8:40 P.M. there was a motion by Commissioner Denis Kelly and seconded by Commissioner Lee Anderson to adjourn the meeting. The motion passed unanimously. i I 1/94 Chart City of Brooklyn Center Organization 1993 ELECTORATE City Council Advisory Commissions Purchasing Personnel City Attorney - - - - - - City Manager Elections Licenses aLy Clark _T_ L-Gm'tBIdg9 WORKS FIRE DEPARTMENT POLICE DEPARTMENT FINANCIAL SERVICES COMMUNITY RECREATION ASSESSING , LIQUOR DEVELOPMENT J STORES idgs -Fire Prevention -Patrol - Accounting - necreadon Progra ms ewer -Fire Supression - Investigation -Audit - Inspections - Community Canter Dept - Emergency Preparedness -Crime Prevention - Utility Billing - EOA /HRA -Golf Course ntca - CommunityPragrams - RiskManegement - Zoning Sewer - Support Services - ManagementlnformationServices -EBHC ring ntce l Garage 2/94 Chart B City of Brooklyn Center Organization ELECTORATE Adv sery City Council Commissions Purchasing ' Personnel Gty Attorney - - - - - - - City Manager Elections Licenses City Clerk San Chart I Personnel Structure PUBLIC SERVICES` FIRE DEPARTMENT POLICE DEPARTMENT FINANCIAL SERVICES j TY ENT -Piro Prevention -Petrol - Accounting - Engineering - Investigation -Audit Street Mntce -Flre Supresaion Emergency Preparedness -Crime Prevention - Utility Billing -Inspections Sanitary Sewer - Community Programs -Risk Management - Centre( Garage See Chart E Personnel Structure - Support Services - Managoment Information Services -Gov't Bldgs - Liquor Stores' Storm Sewer See Chart F Personnel Structure _ -Water Dept Sea Chart G Personnel Structure -Park Mntce Sao Chart H - Recreation Programs" Personnel Structure - Community Center* -Golf Course • - - . See Chart D Personnel Strucb." * = Change from 1993 Organization (Chart A) 3/'94 Chart D Brooklyn Center Public Services Department Personnel Structure City Manager Public Services Director City Engineer Public Services Recreation Director Administrative Assistant \ - Engineering Services - Project Finance Mgmt - Community Center -Water Utility Maint - Utility Rate Analysis - Recreation Programming - Sanitary Sewer Maint - Government Buildings Maint - Centerbrook Golf Course - Street Maint - Public Works Safety Program -Park Maint -Office Supervision - Central Garage - Public Works MIS -Storm Sewer Maint - Report Development - Forestry Program and Supervision - Budget Development and Supervision - Capital Improvements Program Administration Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING ADMINISTRATIVE ORGANIZATIONAL STRUCTURE AS RECOMMENDED BY THE FINANCIAL COMMISSION WHEREAS, the Financial Commission, at its March 15, 1994, meeting, recommended the City Council adopt a modified administrative organizational structure as a basis for reorganization; and WHEREAS, the City Council, at its March 28, 1994, meeting, approved the recommendation of the Financial Commission to modify Brooklyn Center's administrative organizational structure; and WHEREAS, the City Council approves the functions of the departments be amended as follows: 1. Community Development Department adds the function of City assessing to the current responsibilities of the department which are inspections, EDA /HRA, zoning enforcement, and management of the Earle Brown Heritage Center; 2. Financial Services Department adds the supervision of liquor stores to the current responsibilities of the department which are accounting, audit, utility billing, risk management, and management information services; 3. The Public Works Department and Recreation Department are combined and known as the Public Services Department. The Public Services Department is responsible for engineering, street maintenance, sanitary sewer utility, central garage, government buildings, storm sewer utility, water utility, park maintenance, recreation programs, community center, and the golf course. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center: 1. Approval of first reading of an ordinance amending Chapter 6 of the City Ordinances regarding the administrative code; 2. The City Manager is directed to modify the City Budget and Pay Plan to reflect the new organizational structure; RESOLUTION NO. 3. The administrative organizational structure attached and labeled "Chart B" is hereby adopted; and 4. The Public Services Department personnel structure attached and labeled "Chart D" is hereby adopted. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 2/34 Chart B City of Brooklyn Center Organization T City Council !°advisory Commissions Purchasing Personnel City Attorney - - - - - - City Manager Elections Licenses Gty Clork See Chart I Personnel Structure PUBLIC SERVICES* FIRE DEPARTMENT POLICE DEPARTMENT FINANCIAL SERVICES COMMUNflY DEVELOPMENT - Engineering -Fire Prevention - Patrol - Accounting Street Mn[ce -Fire Supression -investigation -Audit - Assessing' -Emergency Preparedness -Crime Prevention -Utility Billing -Inspections Sanitary Sewer g p - Community Pmgrars -Risk Managament - EDA/HRA - Central Garage Sea Chart E Personnel Structure - Support Services -Management Information Services -Zoning -Gov't aldgs - Liquor Stores * -EBHC Storm Sewer - See Chart F Personnel Structure - Planning -Water Dept Sea Chat G Personnel Structure -Park Mntce - Recreation Programs* Sea Chart c Personnel Structure - Community Center* -Golf Coursa • as Chart D Personnel Structure - * = Change from 1993 Organization [Chart A] I 3/94 Chart D Brooklyn Center Public Services Department Personnel Structure City Manager —1- - Public Services Director City Eng Weer Public Services \ Recreation Director - - - - -� Administrative Assistant C-- -- — - Engineering Services - Project Finance Mgmt - Community Center -Water Utility Maint - Utility Rate Analysis - Recreation Programming - Sanitary Sewer Maint - Government Buildings Maint - Centerbrook Golf Course - Street Maint - Public Works Safety Program - - — - — - -- -Park Maint -Office Supervision - Central Garage - Public Works MIS -Storm Sewer Maint - Report Development - Forestry Program and Supervision __ —__ -- - Budget Development and Supervision - Capital Improvements Program Administration /3i, CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1994, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 6 Regarding the Administrative Code. 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 AMENDING CHAPTER 6 REGARDING THE ADMINISTRATIVE CODE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 6 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 6 -102. ADMINISTRATIVE ORGANIZATION. The administrative services of the City shall be divided into the following departments and offices and heads thereof, and said departments, offices and positions are hereby created: City Manager's Office . . . . . . . . City Manager Deputy City Manager City Clerk's Office City Clerk Deputy City Clerk [City Assessor's Office . . . . . . . City Assessor] [Deputy City Assessor] [Department of Finance] [ /City Treasurer's Office . . . . . . Director of Finance /City Treasurer] Department of Financial Services /City Treasurer's Office . . . . . . Director of Financial Services /City Treasurer Deputy City Treasurer [Department of Public Works .. . . . Director of Public Works] Department of Public Services .. . . Director of Public Services Department of Police . . . . . . . . Chief of Police Department of Community Development Director of Community Development [Department of Parks and Recreation Director of Recreation] Fire Department . . . . . . . . . . . Fire Chief [Municipal Liquor Facility . . . . . Liquor Stores Manager] [ Section 6 -109. FUNCTIONS, DUTIES, AND RESPONSIBILITIES OF THE OFFICE OF THE CITY ASSESSOR. The office of city assessor shall be administered by the city assessor who shall be responsible to and appointed by the city manager. The city assessor shall have duties and responsibilities in connection with determining and establishing the valuation of taxable property, keeping and maintaining records consistent therewith, and such other duties and responsibilities as may be assigned by the city manager.] ORDINANCE NO. [ Section 6 -110. DUTIES AND APPOINTMENT OF DEPUTY CITY ASSESSOR.] [6- 110.10. Duties. The deputy city assessor shall, in the absence of the city assessor, perform all duties normally performed by the city assessor.] [6- 110.20. Appointment. The deputy city assessor shall be appointed by the city manager.] Section 6 -111. FUNCTIONS OF THE DEPARTMENT OF FINANCIAL SERVICES [FINANCE] /OFFICE OF THE CITY TREASURER. 6- 111.10. Financial Records and Accounts. The department of financial services [finance] shall maintain all city accounts and develop all reports required by law or requested by the city manager, and shall maintain and store the official city records of all revenue collections, disbursements, and deposits. 6- 111.30. Municipal Liquor Facility. The function and operation of the municipal liquor facility shall be as set forth in Chapter 11, Section 201 through 205 of the City Ordinances. Section 6 -112. DUTIES, APPOINTMENT, AND RESPONSIBILITIES OF THE DIRECTOR OF FINANCIAL SERVICES [FINANCE] /CITY TREASURER AND DEPUTY CITY TREASURER. 6- 112.10. Responsible to City Manager. The director of financial services [finance] /city treasurer shall be appointed by the city manager and shall be responsible to, and under the supervision of, the city manager for the management and administration of the department of financial services [finance] and city treasurer's office. Section 6 -113. ORGANIZATION AND FUNCTIONS OF THE DEPARTMENT OF PUBLIC SERVICES [WORKS]. 6- 113.10. Organization. The department of public services [works] shall be composed of a director of public services [works] and the following divisions and division heads: Engineering Division . . . . . . . . City Engineer Street Division . . . . . . . . . . . Superintendent of Public Services [Works] Public Utilities Division . . . . . . Superintendent of Public Services [Works] Parks Maintenance Division . . . . . Superintendent of Public Services [Works] Government Buildings Division .. . . Maintenance Supervisor Recreation Division . . . . . . . . . Recreation Director ORDINANCE NO. 6- 113.20. Function. The primary function of the department of public services [works] shall be the planning, coordination, and supervision of all public services [works] projects and maintenance and operation of existing public services [works] facilities within the City. 6- 113.30. Engineering Division. The engineering division shall be responsible for the planning and design of new public services [works] facilities within the City. 6- 113.80. Recreation Division. The recreation division shall be responsible for the acquisition and development of all public park property within the City and shall develop and implement a public recreation program. 6- 113.[80] 90. Reports and Records. The department of public services [works] shall prepare such reports as may be requested by the city manager and shall maintain the special assessment record in accordance with procedures recommended by the director of financial services [finance]. Section 6 -114. DUTIES, APPOINTMENT, AND RESPONSIBILITIES OF THE DIRECTOR OF PUBLIC SERVICES [WORKS] AND DIVISION HEADS. 6- 114.10. Responsible to City Manager. The director of public services [works] shall be appointed by the city manager and shall be responsible to, and under the supervision of, the city manager for the management and operation of the department of public services [works]. 6- 114.20. [ Engineering Advisor. Budget. [The director shall be the engineering advisor to the city manager and shall advise the city manager on all matters pertaining to public works.] The director shall advise and assist the city manager in preparation of the public services [works] portion of the annual budget. 6- 114.50. Engineering Advisor. The city engineer shall be the engineering advisor to the city manager and shall advise the city manager on all matters pertaining to public services. 6- 114.60[50]. Division Heads. The city engineer, the superintendent of public services. [works and] the maintenance supervisor and the recreation director shall be under the supervision of and responsible to the director of public services [works] and shall perform such tasks as the director may from time to time assign. Section 6 -117. FUNCTION OF DEPARTMENT OF COMMUNITY DEVELOPMENT. The department of community development shall be responsible for City assessing, community planning, administration of the zoning and sign ordinances, administration and enforcement of housing maintenance and building ordinances and policies adopted by the City, economic development, economic redevelopment, and the Earle Brown Heritage Center. ORDINANCE NO. [ Section 6 -119. FUNCTIONS OF THE DEPARTMENT OF PARKS AND RECREATION. The department of parks and recreation shall supervise the acquisition and development of all public park property within the City, and shall develop and implement a public recreation program.] [ Section 6 -120. DUTIES, APPOINTMENT, AND RESPONSIBILITIES OF THE DIRECTOR OF RECREATION.] 6- 120.10. Responsible to City Mana director of recreation shall [ i M n er. The dir P Y_�_ be appointed by the city manager and shall be responsible to, and under the supervision of, the city manager for the management and operation of the department of parks and recreation and the golf course.] [6- 120.20. Parks and Recreation Advisor. The director shall be the parks and recreation advisor to the city manager and shall advise the city manager on all matters pertaining to park development and the program of public recreation conducted by the department. The director shall also, as assigned, advise relevant City advisory commissions on matters relating to the parks and recreation function.] [6- 120.30. Budget. The director shall assist the city manager in the preparation of that portion of the annual budget pertaining to recreation.] [6- 120.40. Additional Duties. The director shall perform such additional duties as may be assigned from time to time by the city manager.] [ Section 6 -122. FUNCTION AND OPERATION OF THE MUNICIPAL LIQUOR FACILITY. The function and operation of the municipal liquor facility shall be as set out in Chapter 11, Section 201 through 205 of the City Ordinances.] [ Section 6 -123. DUTIES, APPOINTMENT, AND RESPONSIBILITIES OF LIQUOR STORES MANAGER.] [6- 123.10. Responsible to City Manager. The liquor stores manager shall be appointed by the city manager and shall be responsible to, and under the supervision of, the city manager for the management and operation of the municipal liquor operation. The liquor stores manager shall be responsible for the supervision and training of liquor store personnel.] [6- 123.20. Advisor. The liquor stores manager shall advise the city manager in regard to the operation of the municipal liquor operation and recommend policy in regard to such operation.] [6- 123.30. Additional Duties. The liquor stores manager shall perform any additional duties that may be assigned from time to time by the city manager.] ORDINANCE NO. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1994. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Coameil Meeting Date 4/25/44 Agwda Item Number REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMaMNDATION: v No comments to supplement this report Comments below /attached SUN MARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. • RECOMMENDED CITY COUNCIL ACTION Approve licenses. Licenses to be approved by the City Council on April 25, 1994: *MCHANICAL SYSTEMS Blaine Heating, A /C, and Electric, Inc. 13562 Central Ave. NE Delmar Furnace Exchange 4080 83rd Ave. N. Egan & Sons Co. 7100 Medicine Lake Road Gilbert Mechanical Contractors, Inc. 4451 West 76th Street Minnesota Heating & A/C 10701 93rd Ave. N., Suite B Modern Heating & A /C, Inc. 2318 First Street NE Owens Services Corporation 930 East 80th Street Thermex Corporation 4850 Park Glen Road C � Triple D Heating & A/C Co., Inc. P. O. Box 113, Long Lake Building Official ,- RENTAL DWELLINGS Initial: Gary Radke 5245 Drew Ave. N. Renewal: Northport Properties 5401 Brooklyn Blvd. Duane Om 5407 Brooklyn Blvd. Boulevard Properties 5837 Brooklyn Blvd. Christian Knutson 5200 France Ave. N. Martha Lahti 5316 Knox Ave. N. Frances M. Lunacek 5211 Xerxes Ave. N. Steve Loechler 5736 Logan Ave. N. a Barbara and Maurice Moriarty 2825 67th Lane N. Director of Community Development SIGN HANGER Arrow Sign Co. 18607 Highway 65 NE Demars Signs 4040 Marshall Street NE Nordquist Sign Company, Inc. 312 West Lake Street C ' a ' A4� Building Official AJ'-' GENERAL ArrRw Ai,. Sharon Knutson, Deputy City Clerk