HomeMy WebLinkAbout1993 01-25 CCP Regular Session CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
JANUARY 25, 1993
7 p.m.
1. Call to order
2. Roll Call
3. Opening Ceremonies
4. Open Forum
5. Council Report
6. Approval of Agenda and Consent Agenda
-All items listed with an asterisk are considered to be
routine by the City Council and will be enacted by one
motion. There will be no separate discussion of these items
unless a Councilmember so requests, in which event the item
will be removed from the consent agenda and considered in its
normal sequence on the agenda.
7. Approval of Minutes:
*a. January 11, 1992 - Regular Session
8. Presentation:
a. ADA Accessibility Study Results
-Julee Quarve- Peterson of JQP, Inc. will review the
results of this study
1. Resolution Amending the General Fund Budget to
Provide Professional Services to Develop a
Transition Plan for Compliance with the Americans
with Disabilities Act
9. Discussion Items:
a. Committee of the Whole Meeting Schedule
b. Appointment of Council Member to Tri City Airport
Commission
c. Administrative Policy & Procedure for Water Shut Offs
1. Resolution Adopting an Administrative Policy and
Procedure for Water Shut Offs
d. Correction of Special Assessments Collection Error, 1988
Levy Numbers 11071 and 11072
1. Resolution Directing the Hennepin County Auditor to
Correct the Collection of Special Assessment Levy
Numbers 11071 and 11072
CITY COUNCIL AGENDA -2- January 25, 1993
e. Paul Benson Easement Encroachment Problem
f. Legislative Update
10. Resolutions:
*a. Expressing Recognition of and Appreciation for the
Dedicated Public Service of Donald Gilbert
*b. Expressing Recognition of and Appreciation for the
Dedicated Public Service of Dennis Snook
*c. Authorizing the Purchase of Four (4) Police Sedans
d. Supporting Enabling Legislation Allowing Municipalities
to Establish Transportation Utilities
*e. Declaring Commitment to the Brooklyn Center City Charter,
Pledging Fair Treatment of Employees, Declaring Against
Conflicts of Interest and Misuse of Position
*f. Amending the 1993 General Fund Budget and Approving the
Purchase of a Local Area Network Hub and a Laserjet IV
Printer
*g. Approving Specifications and Authorizing Advertisement
for Bids for Delivery of Two (2) Rotary Mowers
*h. Approving Specifications and Authorizing Advertisement
for Bids for Delivery of One (1) 9 Foot One Stage Snow
Blower
*11. Licenses
12. Adjournment
CITY OF BROOKLYN CENTER Camcil Meeting Date January 25.1993
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
CITY COUNCIL MINUTES OF JANUARY 11, 1992 - REGULAR SESSION
DEPT. APPROVAL:
AM16
Sharon Knutson, Deputy City Clerk
MANAGER'S REVIEW/RECONMENDATION:
No comments to supplement this report Comments below /attached
• SU1 EVL4,RY 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
REGULAR SESSION
JANUARY 11, 1993
CITY 'HALL
.L
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order by Mayor
Todd Paulson at 7:14 p,m.
ROLL CALL
Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and
Kristen Mann. Also present were City Manager Gerald Splinter, City Attorney Charlie
L.eFevere, and Council Secretary Nancy Berg.
OPENING CEREMONIES
Mayor Paulson explained the Council mccting was delayed due to a medical emergency.
Mrs. Elaine Bernards offered the invocation.
Dr. Velma Terrell, Vice Principal at Sandburg Middle School, sang the "Battle Hymn of the
Republic,"
EMPLOYEE SERVICE RECOGNITION PROGRAM
The City Manager indicated this is the 14th annual presentation by the City Council of
service awards to City employees to recognize years of service to the cit
The City Manager introduced Erland Shelley, Brooklyn Center City employee with twenty-
five years of service, and Mayor Paulson presented Mr. Shelley with a plaque honoring 11hil
for his service to the City of Brooklyn Center.
The City Manager introduced M. Robert Holmes, an employee with twenty -five years of
service; and Joel Downer and Stephen McComb, employees with twenty years of service; and
explained these employees were unable to attend the Council meeting due to prior
commitments. The City Manager thanked all four employees for their invaluable
contributions to the City of Brooklyn Center.
1/11/93 - 1 -
OPEN FORUM
Mayor Paulson noted the Council had received no requests to use the open forum session
this everting. He inquired if there was anyone present who wished to address the Council.
Thcrc being none, lie continued with the regular agenda items.
SELECT PRESIDING OFFICERS - AYOR PRO TEM
Mayor Paulson explained Section 2.06 of the City Chartcr requires the Council-to choose
from its members a president pro tem who shall hold office at the pleasure of the Council
and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's
disability or absence from the City.
There was a motion by Councilmember Mann and seconded by Councilmember Scott to
select Councilmember Rosene as the Mayor pro tem of the City Council. The motion
passed unanimously,
ACTING MAYOR PRO TEM
Mayor Fauhmn furtl1er explained the Council passed Resolution No. 92 -262 Fstablishing and
Designating an Acting President Pro Tem of the City Council.
There was motion by Councilmember Rosene and seconded by Councilmember Mann to
confirm Councilmember Scott as the acting president pro tem of the City Council. The
motion passed unanimously.
COUNCIL REPORTS
Mayor Paulson announced the $50 recycling award winners for the month of November
1992: Frank Markowski, Douglas Darnell, Gilbert Sehleisner, and Arnold Simon. He also
announced the $50 recycling award winners for the month of December 1992: Clinton
Larson, Jerome Gillespie, Chester Haley, Dan Boyd, and James Sehm. He thanked the
winners for their recycling contribution to the City of Brooklyn, Center.
APPROVAL OF AGENDA AND CONSENT AGENDA
Mayor Paulson inquired if any Councilmembers requested any items be removed from the
consent agenda, None were made.
APPROVAL OF MINUTES
DECEMBER 28, 1992 - REGULAR SESSION
There was a motion by Councilmember Sett and seconded by Councilmember Rosene. to
approve the minutes of December 28, 1992, regular session as printed. The motion passed
unanimously.
1/11/93
-2
RESOLUTIONS
_
RESOLUTION NO, 93 -01.
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE SCHEDULE FOR PLANNING AND INSPECTION
FEES
The motion for the adoption of the foregoing resolution was duly seconded by member Dave
Rosene, and the motion passed unanimously.
RESOLUTION NO, 93 -02
Membcr Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS
The motion for the adoption of the foregoing resolution was duly seconded by member Dave
Rosene, and the motion passed unanimously.
RESOLUTION_ NO. 93 -03
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION DESIGNATING OFFICIAL NEWSPAPER
The motion for the adoption of the foregoing resolution was duly seconded by member Dave
Rosene, and the motion passed unanimously.
DESIGNATE-COUNCIL LIAISONS TO COMMISS1Q
Mayer Paulson stated at the first meeting of the City Council each year, Council liaisons are
designated to commissions. He recommended appointing Councilmember Kalligher to the
Housing Commission,
Councilmember Mann stated she would like to represent the Council on the Park and
Recreation Commission,
Councilmember Scott asked to represent the Council on the Drug Awareness Commission,
Crime Prevention Fund s League ssociation of Metres e of Minnesota Cities, and po
Titan
Municipalities.
Councilmember Roscne stated he would like to be appointed as an official liaison to the
Financial Commission; and he further stated he would like to also attend as many meetings
as possible with the Human Rights
and Resources Commission as an unofficial liaison.
1/11/93 -3 -
Mayor Paulson nominated Councilmember Mann to the Park and Recreation Commission;
Councilmember Scott to the Drug Awareness Commission, Crime Prevention Fund, Leaguc
of Minnesota Cities, and Association of Metropolitan Municipalities; Councilmember
Rosene to the Financial Commission and the Human Rights and Resources Commission;
and Councilmember Kalligher to the Housing Commission.
Councilmember Kalligher stated she would also like to attend the Earle Brown Advisory
Council. Councilmember Rosene explained this would not be a conflict as the Earle Brown
Advisory Council is a subcommittee of the Housing Commission. The City Council
concurred in the nominations.
PROCLAMATIONS
Mayor Paulson presented a Proclamation Declaring January 24, 1993, as POW/MIA
National Day of Prayer.
Member Celia Scott introduced the following proclamation and moved its adoption:
PROCLAMATION DECLARING JANUARY 24,1993 AS POWIMIA NATIONAL, DAY
OFPRAYER
The motion for the adoption of the foregoing proclamation was duly seconded by member
Dave Rosene, and_ the motion passed unanimously.
Mayor Paulson presented a Proclamation Declaring January 18, 1993, as Martin Luther
King, Jr. Day.
n a i n 1
Member Dave Rosene introduced the following proclamation and moved is adoption:
roc a p
PROCLAMATION DECLARING JANUARY 18, 1993, AS MARTIN LUTHER KING,
JR. DAY,
The motion for the adoption of the foregoing proclamation was duly seconded by member
Celia Scott, and the motion passed unanimously.
PUBLIC HEARING
The City Manager presented a Resniution Authorizing Issuance of a Currency Exchange
License to Cash Etc. to Operate at 6818 Humboldt Avenue North, Brooklyn Center. He
explained the Department of Commerce had received an application from Cash Etc. to
operate a currency exchange at 6818 Humboldt Avenue North, Brooklyn Center, and had
forwarded a copy of the complete application to the City of Brooklyn Center for its
approval. He further explained this application was for the renewal of its license to operate
January 1, 1993, to December 31, 1993.
1/11/93 4
Mayor Paulson asked if this application should be tabled until the next meeting due to the
medical emergency of the applicant. The City Manager suggested the Council proceed
without the applicant due to the time constraints. He reminded Council Cash Etc. had
submitted the appropriate fee, current fee schedule used for cashing checks, surety bond in
the amount of $10,000, and the background investigation by the Bureau of Criminal
Apprehension to the Department of Commerce. He also stated the Brooklyn Center Police
Department had no problem with issuing this license.
The City Attorney explained if Council did not act on this application within 60 days of
receipt, it would be automatically approved.
Mayor Paulson opened the meeting for the purpose of a public hearing to consider the
application for a currency exchange license at 7:32 p.m. He inquired if thcrc was anyone
present who wished to address the Council, no one appeared to speak, and he entertained
a motion to close the public hearing.
There was a motion by Councilmember Scott and seconded by Councilmember Rosene to
close the public hearing at 7:33 p.m. The motion passed unanimously.
Councilmember Rosene stated Cash Etc. had been given a clean bill of health by all three
investigation units involved. Mayor Paulson asked if the currency exchange license must be
approved every year. The City Attorney answered yes, due to a new State regulation.
RESOLUTION NO. 93 -04
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLI_ITION AUTHORIZING ISSUANCE OF A CURRENCY EXCHANGE
LICENSE TO CASH ETC. TO OPERATE AT 6818 HUMBOLDT AVENUE NORTH,
BROOKLYN CENTER
The motion -for the adoption of the foregoing resolution was duly seconded by member Dave
Rosene, and the motion passed unanimously.
DISCUSSION ITEMS
CITY CO WORK SESSION AND MEETING SC1ED 7E
The City Manager presented the City Council work session and meeting schedule for
approval by the Council. He explained the Council had approved the January 11 and
January 25, 1993, City Council meeting dates and chose to allow the new council to approve
the rest of the dates at the January 11, 1993, City Council meeting.
Councilmembers Mann and Kalligher stated they approved of the schedule.
1/11/93 - 5 -
Councilmember Scott informed Council she would be unable to attend the February 8 and
16 meetings duo to an upcoming surgery.
Councilmember Rosene presented a Resolution Establishing Meetings of the Committee of
the Whale Prior to City Council Meetings. He explained the purpose of the resolution was
to have the City Council meet on the Thursday prior to the City Council meetings to gather
information from staff. He stated the Thursday meetings would be open to the public, but
would not be on cable television. He further explained the Thursday meetings would enable
Council to getter grasp the information on upcoming matters and would shorten the Council
meetings, He stated it was his opinion the citizens are expecting the Council to be as
informed as possible, and the Thursday night meetings would be a benefit to the
Councilmembcrs as well as the City.
Councilmember Scott asked if this meant the Council would be sitting down on Thursday
to discuss the agenda for the following Monday without having a chance lu review it prior
to the meeting. Councilmember Rosene answered he envisioned a meeting similar to the
one staff already holds to discuss the upcoming items on the agenda. He further stated this
would be an opportunity for Council to meet with the department heads who had items on
the agenda for Council discussion or approval.
Councilmcmber Rosene continued to explain this would enable staff to answer questions or
concerns the Councilmembers might have about a particular item before the Council
meeting, thus eliminating holding items over to the next Council meeting and possibly
enabling staff to include more items on the consent agenda. He was concerned the Council
meetings had become too long for citizens to attend or to watch on cable television.
Shortening the Council meetings would also allow Council to spend more time on the EDA
agendas.
Member Dave Rosene introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING MEETINGS OF THE COMMITTEE OF THE WHOLE
PRIOR TO CITY COUNCIL MEETINGS
Due to the lack of a second, the adoption of the foregoing resolution failed.
Councilmember Mann stated she understood Councilmember Rosene's objective, and if
these meetings would replace the work session, she would be willing to try for one year.
Mayor Paulsen agreed establishing meetings of the Committee of the Whole prior to City
Council meetings would shorten the Council meetings and would be worth irnvcstigating. He
asked staff to provide a rough schedule of proposed meetings for the Council's review.
Councilmember Scott asked if the meetings of the Committee of the Whole would have to
be televised and if these meetings would conflict with any commission meetings. The City
1/11/9:3 6
Manager answered he did not believe the meetings would have to be televised, but would
have to be open to the public. He stated the Planning Commission was scheduled to meet
on Thursday nights prior to the Council meetings.
Councilmember Rosene suggested the Planning Commission could change their schedule to
the first and third Thursdays, or the meetings of the Committee of the Whole could be held
in the late afternoon prior to the Planning Commission meetings.
Mayor Paulson proposed that staff work with the Council to prepare a schedule and
proposed topics for the Council's review at the next Council meeting,
Councilmember Rosene confirmed the Committee of the Whole would not take official
action as a City Council as this would not be a formal meeting of the Council.
Councilmember Scott suggested the Council wait on this resolution until the next City
Council mccting to review the schedule to be provided by staff.
There was a motion by Councilmember Rosene and seconded by Councilmember Scott to
approve the 1993 City Council meeting schedule excluding the 1993 City Council work
session schedule. The motion passed unanimously,
COMMUNITY ETHICS BOARD
The City Manager presented the vommunity Gtliic5 hoard discussion as requested by Mayor
Paulson to discuss the feasibility of creating a Brooklyn Center community ethics board.
Councilmember Scott asked staff provide the new Councilmembers with a copy of
Resolution No, 92 -149: RESOLUTION DECLARING COMMITMENT TO THE
BROOKLYN CENTER CITY CHARTER, PLEDGING FAIR TREATMENT OF
EMPLOYEES, DECLARING AGAINST CONFLICTS OF INTERESTAND MISUSE OF
POSITION,
Mayor Paulson reported for the record on a matter that was discussed in the paper and
assured the citizens he had paid back all to the MTC. He suggested establi5lihig a
Community ethics board as a vehicle to ensure that public policy is the motivation and
mission of the Council, He stated the community ethics board should be a separate
independent body including a member of the clergy and the City Attorney.
Councilmember Rosene asked if such an ethics board would be available to review all
Council actions. Mayor Paulson answered yes, as a way to determine if there was a conflict
of interest.
Councilmember Rosene asked Mayor Paulson if he envisioned the ethics hoard as having
any powers other than to issue a decision, Mayor Paulson answered no, the Council would
have that power.
1/11193 - 7 -
Councilmember Scott asked Mayor Paulson if he was talking about a board that would be
established just to meet when a problem arises, or a board that would meet ca a regular
basis without anything in particular to discuss. Mayor Paulson suggested the board wQUld
meet initially to set up procedures and a meeting schedule. Councilmember Scott agreed
with the concept but disagreed with creating a commission and asking people to meet when
they have nothing to talk about. She suggested the ethics board be set up to meet only
when the need arises_ Mayer Paulson agreed once the board is established, it would meet
only on an as- needed basis.
Councilmember Mann stated she believes Resolution No. 92 -149 covered the ethics issue.
She further stated the City has an ethics board called the voters. She opposed the
establishment of an ethics board.
Councilmember Rosene supported the concept of an ethics board explaining if he had
violated ethics in anyway, he expected he would need to go before same sort Qf b�)ard and
not wait until the next election. He explained he would want the matter resolved as soon
as possible. He suggested if such an ethics board is established, it should be made up of
impartial citizens who have no political affiliations.
Mayor Paulson suggested a motion directing staff to work with the Council and the Mayor
to put together suggestions for an ethics board,
There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher
to direct staff to work with the Council and the Mayor to put together suggestions for an 0
ethics board.
Councilmember Rosene expressed concern with Councilmember Mann's objection to the
formation of an ethics board. He asked Councilmember Mann if there was some way to
maize her more comfortable with the idea. Councilmember Mann answered she had no
problem with ethics.
The motion passed unanimously.
PERFORMANCE APPRAISAL SYSTEM
The City Manager presented the performance appraisal system. He explained there exists
an appraisal system for all employees with the exception of the city manager.
Mayor Paulson stated he would like to develop a performance appraisal system for the City
Manager as a way to increase communication between the Council and the City Mariagc r
and to heighten performance.
Councilmember Scott offered to assist with the development of a performance appraisal
System,
1/11/ / 8-
Councilmember Rosene assured the City Manager the development of such an appraisal
system does not in any way indicate his performance was unacceptable. He stated the City
Manager is doing a good job, and it is important for each person to have his performance
appraised.
There was a motion by Councilmember Rosene and seconded by Councilmember Mann to
direct staff to work with Councilmember Scott and Mayor Paulson to create an appraisal
system, The motion passed unanimously,
CUSTOMER RESPONSE /COMPLAINT SySTEM
The City Manager presented the status of the customer response /complaint system currently
uscd in Brooklyn Center. The City Manager asked the Council for direction on what type
of information they would like to receive from such a system.
Mayor Paulson stated he would like a tickler system to track if complaints have been
handled and to remind staff what action needs to be taken. The City Manager explained
right now the complaints come to many different departments, and the electronic system at
the City right now does not reach all of these sources. He stated an electronic network must
be available to all departments in order to implement such a tracking system.
Councilmember Scott stated there are some systems available that red -flag a complaint until
it is resolved.
There was a motion by Councilmember Scott and seconded by Councilmember Rosene to
direct staff to work with the Council and the Mayor to prepare a recommendation for a
custoincr response /complaint system and bring back to the next Council meeting. The
motion passed unanimously,
LICENSES
There was a motion by Councilmember Rosene and seconded by Councilmember Scott to
approve the following list of licenses:
BOWLING ALLEY
Beacon Bowl 6525 Lyndale Ave_ N.
C BENCH
U.S. Bench Corporation 3300 Snelling Ave.
GASOLINE SERVICE STATION
Davies eater Equipment CV, 4010 Lakebreeze Ave. N.
Duke's Amoco 6501 Humboldt Ave. N.
Neil's Total 1505 69th Ave. N.
Total Petroleum, Inc. 6830 Brooklyn Blvd.
1/11/93 -9-
MO TOR VEHICLE DEALERSHIP _
Brookdale Dodge 6800 Brooklyn Blvd.
RENTAL DWELLINGS
Initial:
Joseph Brauer 6315 Brooklyn Blvd.
Renewal:
John/Diane Stephens 3824 Burquest Lane
Judd/Deb Smith 5837 Juno Ave. N.
TOBACCO RELATED PRODUCT
K -Mari 5930 Earle Brown Drivc
Neil's Total 1505 69th Ave. N.
Park Inn International 1501 05th Ave. N.
Total Petroleum, Inc. 6830 Brooklyn Blvd.
The motion passed unanimously,
ADJQURNMENT
Thcre was a motion by Councilmember Scott, and seconded by CA)uncilmember Rosene to
adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council
adjourned at 8 :30 p.m.
Deputy City Clerk Todd Paulson, Mayor
Recorded and transcribed by:
Nancy Borg
TimeSaver Off Site Secretarial
1/11/93 -10-
CITY OF BROOKLYN CENTER Council Meeting Date January 25.1993
Agenda Item Numbe
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
PRESENTATION ON AMERICANS WITH DISABILITIES ACT (ADA) REPORT BY JULEE
QUARVE- PETERSON
DEPT. APPROVAL:
eralyn R. Barone, Personnel Coordinator
MANAGER'S REVIEW/RECONEMENDATION:
No comments to supplement this report Comments below /attached
SUNIlVJ[ARY EXPLANATION: (supplemental sheets attached Yes
The City of Brooklyn Center contracted services with Julee Quarve- Peterson of julee quarve
peterson, inc. Oqp) to conduct an accessibility evaluation of City of Brooklyn Center properties and
facilities in order to determine the City's compliance with the Americans with Disabilities Act
(ADA)•
This study has been completed and the city council has received a copy of the executive summary.
(An unabridged version of the study will be available for review at the council meeting.) Ms.
Quarve- Peterson will make a short presentation to the council and be available to respond to any
questions of the council.
The council will also be asked to consider a resolution that will provide funding for developing a
transition plan as required by the ADA. An employee committee will be using the information
from the jqp evaluation to develop a plan with priorities, cost estimates, and funding sources. The
plan is expected to be completed for review by the council and the human rights and resources
commission later this year.
The employee committee members include Personnel Coordinator Geralyn Barone, Public Works
Coordinator Diane Spector, Director of Public Works Sy Knapp, Building Official Clay Larson,
Public Works Superintendent Dave Peterson, Maintenance Supervisor Mike Schlosser, Director of
Recreation Arnie Mavis, an employee from the Heritage Center, and several employees who can
serve as advocates on behalf of persons with disabilities. All departments will be involved in the
areas that affect them.
Because the City will need to turn to outside sources to assist in determining the costs of
implementing some of the recommendations, we are requesting $5,000 to be allocated to pay for
fees associated with obtaining cost estimates (e.g., from jqp, inc., contractors, architects, etc.). A
resolution is attached for the council's consideration of this request.
RECOMMENDED CITY COUNCIL ACTION
Respond to the presentation by Julee Quarve- Peterson and approve A Resolution Amending the
General Fund Budget to Provide Professional Services to Develop a Transition Plan for
Compliance with the Americans with Disabilities Act.
•
j�Xlj \
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE GENERAL FUND BUDGET TO PROVIDE
PROFESSIONAL SERVICES TO DEVELOP A TRANSITION PLAN FOR
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
WHEREAS, an accessibility evaluation for the City of
Brooklyn Center has been completed by julee quarve- peterson, inc.
(jqp) to determine the City's compliance with the Americans with
Disabilities Act (ADA); and
WHEREAS, a committee comprised of City employees is
developing a transition plan with priorities, cost estimates, and
funding sources for complying with the ADA; and
WHEREAS, it is anticipated that some professional
assistance will be necessary to obtain cost estimates of some of
the compliance items at an expense not to exceed $5,000; and
WHEREAS, Section 7.09 of the City Charter of the City of
Brooklyn Center does provide for a contingency appropriation as a
part of the General Fund Budget, and further provides that the
contingency appropriation may be transferred to any other
appropriation by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Brooklyn Center that the 1993 General Fund Budget is
hereby amended as follows:
Increase the appropriation for the following line item:
Dept. 180, Unallocated Departmental Expenses
Object No. 4310, Professional Services
Program No. 1896, ADA Compliance $5,000.00
Decrease the appropriation for the following line item:
Dept. 182, Unallocated Departmental Expenses
Object No. 4995, Contingency $5,000.00
Date Todd Paulson, Mayor
ATTEST:
Deputy Clerk
RESOLUTION NO.
The motion for the adoption of the foregoing resolution was duly
seconded by member and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Accessibility Evaluation City of Brooklyn Center
EXECUTIVE SUMNLALRY
The City of Brooklyn Center in its continuing efforts to provide an appropriate living and
work environment for residents and employees has just completed a thorough evaluation of
its buildings and sites for compliance with applicable laws, codes, and design guidelines
pertaining to access.
As a form of local government, the City of Brooklyn Center is required to comply with
specific state and federal laws which mandate that all barriers to discrimination be removed
to provide persons with disabilities equal opportunity. The following laws pertain to the
City of Brooklyn Center:
Section 504 of the 1973 Rehabilitation Act
Section 504 of the 1973 Rehabilitation Act states that any entity receiving Federal
financial assistance -- either directly or indirectly -- must prohibit any discrimination
in the form of communication, structural accessibility, programs, policies, etc., against
persons with disabilities.
As a result, an evaluation of all city buildings, facilities, programs, and practices were
supposed to completed as well as the implementation of a barrier removal program.
Enforcement for Section 504 of the 1973 Rehabilitation Act is through various
Departments of the Federal Government. If an entity is found not making efforts
to comply with Section 504 of the 1973 Rehabilitation Act, there is a risk of losing
federal funding.
Americans With Disabilities Act Title II
Title II of the Americans With Disabilities Act is intended to apply to all programs,
activities, and services provided or operated by state and local governments.
Currently, 504 only applies to programs or activities receiving federal financial
assistance. Like Section 504 of the 1973 Rehabilitation Act, the Americans With
Disabilities Act requires that architectural barriers be removed if they are necessary
for program accessibility.
Per of the Americans With Disabilities Act, local government should review all
buildings and facilities to determine what architectural barriers exists, the cost to
remove those barriers, and then determine what the appropriate implementation plan
should be to comply.
julee quarve- peterson, inc. Page 1
Accessibility Evaluation City of Brooklyn Center
Enforcement of the Americans With Disabilities Act is through lawsuits filed as a
result of a complaint by a person with a disability or an organization representing
persons with disabilities. As of July 26, 1992, local government is at risk of being
exposed to a lawsuit if implementation plans have not been developed.
Minnesota State Building Code Chapter 1340
The Minnesota state building code regarding accessibility was implemented in
November 1975. Any building remodeled, constructed, or having a change of
occupancy after that date is to comply with the Minnesota Building Code Chapter
1340 design guidelines. The Minnesota Building Code Chapter 1340 is enforced by
local or state building officials.
It is encouraged that the City of Brooklyn Center use the information provided in this report
to develop a transition plan which outlines a schedule or the action to be taken for each
recommendation listed. As each upgrade has been completed as a result of repair,
remodeling, replacement, or as a proactive approach to removing architectural barriers, the
specific items should be dated or "checked off' to identify that the action has been
completed.
Based upon the observations of JQP, Inc., it is recommended that the City of Brooklyn
Center take a proactive position in implementing those recommendations identified under
16 the "Plan of Action" to be consistent with the intent of the Americans With Disabilities Act.
Until such time all proactive recommendations are to be implemented, the City of Brooklyn
Center should be aware of their obligations to provide program accessibility.
Section 504 of the 1973 Rehabilitation Act and the Americans With Disabilities Act Title
II do indicate that it is not always necessary to make structural upgrades to provide
accessibility. The concept of program accessibility is acceptable to meet both of these laws.
Therefore, it is important that the City of Brooklyn Center review the programs provided
at each location in relation to the following report to identify where potential barriers may
exist at a site creating potential accessibility problems for persons with disabilities. It is
acceptable to relocate programs to an alternate site which may provide a greater level of
accessibility.
Those items listed as short term recommendations in the Plan of Action are recommended
to be implemented within the next two years. These recommendations typically can be done
by facilities staff and require limited financial responsibility.
Long term recommendations are accessibility projects which will require a greater level of
planning, the potential involvement of an architect and /or outside construction firm, and
may require separate budgeting. ,
julee quarve - peterson, inc. Page 2
Accessibility Evaluation City of Brooklyn Center
A reactive approach should be taken to accommodate a qualified employee's request for
accessibility upgrades to provide an appropriate work environment. It is encouraged that
the City of Brooklyn Center establish a procedure to communicate with employees to
determine appropriate needs.
The City of Brooklyn Center should establish a policy that all new construction and
remodeling meet the new construction guidelines produced as a result of the Americans
With Disabilities Act.
Finally, this report should be reviewed at such time any site or facility undergoes repair,.
remodeling, or replacement. For example, if faucet hardware located in a restroom needs
to be replaced, it should be replaced with hardware which requires single effort operation,
i.e. single lever, dual blade, or electric eye. Over a period of time, through general
upgrades, eventually each site will provide accessibility features which will meet the needs
of all persons.
The sites surveyed have been categorized into three priority rankings for accessibility
upgrades. The rankings are based upon the number of activities located at this site, impact
of community use, and unique features. Upon review of this report, the community or staff
may place a higher ranking on a particular site for specific reasons. At such time, the City
of Brooklyn Center should review the request and see if it is appropriate to make it a higher
ranking. The site rankings are as follows:
BELLVIJE PARK -- PRIORITY RANKING 3
Proactive
♦ Designate an accessible parking stall.
♦ Provide a crushed limestone path to the ball field.
♦ Provide wheelchair viewing positions adjacent to the spectator seating at the ball
field.
♦ Provide an accessible portable restroom facility.
Short Term
♦ Provide a connecting path from the basketball court to the asphalt path leading
throughout the park.
♦ Add grab bars at the restroom located within the shelter building.
Long Term
♦ Upgrade the play equipment to provide more adaptive equipment and a resilient
surface.
♦ Implement upgrades to the shelter building..
julee quarve- peterson, inc. Page 3
Accessibility Evaluation City of Brooklyn Center
BROOKLANE PARK -- PRIORITY RANKING 2
Proactive
♦ Install appropriate signage on the accessible restroom doors in the shelter building.
♦ Provide an accessible portable restroom facility.
♦ Provide lever hardware on the shelter building entry and restroom doors.
♦ Provide an accessible parking stall.
Short Term
♦ Add an accessible path of travel leading from the surface parking to the shelter
building and play structure.
Long Term
♦ Upgrade the play structure to incorporate more adaptive equipment and a resilient
surface.
BROOKLYN CENTER CITY HALL/
POLICE DEPARTMENT -- PRIORITY RANKING 1
Proactive
♦ Provide van accessible stalls.
♦ Reduce the tension of the entry door to the City Hall.
♦ Upgrade the City Hall restrooms.
♦ Provide an assistive listening device for the council chambers.
♦ Provide an accessible drinking fountain.
♦ Provide lever hardware on all public use doors throughout the building.
Short Term
♦ Restripe designated accessible parking.
♦ Ramp the council platform.
♦ Provide an adjustable lectern.
Long Term
♦ Modify all service counters.
Reactive
♦ Upgrade employee areas per individual needs.
julee quarve- peterson,inc. Page 4
Accessibility Evaluation City of Brooklyn Center
BROOKLYN CENTER COMMUNITY CENTER -- PRIORITY RANKING 1
Proactive
♦ Bevel the lower level curb cut to ensure there is no abrupt rise greater than 1/2 ".
♦ Adjust the tension on the entry doors to provide the lightest tension possible.
♦ Have clip- boards readily available to accommodate persons with disabilities when
filling out any forms.
♦ Install easy to operate hardware on all public use doors.
♦ Provide a tactile surface on the back side of doors leading to hazardous areas.
♦ Finish upgrading the restrooms on the upper level to provide full accessibility.
♦ Lower the existing public telephone and incorporate a volume control device.
♦ If a TDD is available within the building, post a sign adjacent to the telephone
indicating the location.
♦ Either upgrade the lower level restrooms or the restrooms located in the locker
rooms to provide accessible toilet facilities on the lower level.
♦ Reposition 5% of the table and chairs to the pool deck adjacent to the wading pool.
♦ Provide easy to operate hardware on the accessible entry door leading into the locker
rooms from the lower level entrance.
Short Term
♦ Upgrade 5% of the tables within the food service area to be of a sturdier design.
n. b
♦ Widen the doorway leading into the photo lab or provide an alternate location which
is accessible.
♦ Provide an accessible shower facility.
♦ Provide an accessible changing area.
♦ Reposition the drinking fountain adjacent to the sauna so it does not obstruct the
accessible path of travel.
♦ Add a full length mirror in the locker room area.
♦ Add a handrail where missing on the ramp leading into the pool to provide handrails
on both sides of the ramp.
♦ Purchase an assistive listening kit to accommodate persons who are hard of hearing.
♦ Provide an adjustable height lectern for the conservation hall.
Long Term
♦ At such time repair, replacement, or remodeling occurs, incorporate proper
horizontal extensions to the exterior stair handrails.
♦ Lower a 36" section of the information counter to an appropriate height.
♦ At such time the handrails at all stairwells within the building are upgraded, they
should incorporate proper horizontal extensions at : :ie top and bottom of the stairs.
♦ Lower a 36" wide section of the food service counter.
julee quarve - peterson, inc. Page 5
Accessibility Evaluation City of Brooklyn Center
BROOKLYN CENTER FIRE DEPARTMENT -- PRIORITY RANKING 1
DUPONT AND 65TH AVENUE NORTH
Proactive
♦ Designate an accessible parking stall.
♦ Replace the entry door hardware with lever hardware or door lever adapters.
P rY P
♦ Replace the door hardware on all exit doors from the Fire Department, the restroom
doors, the training room door, any corridor doors, etc.
♦ Provide a tactile or knurled surface on the backside of door hardware leading to
hazardous areas.
♦ Replace the drinking fountain with an accessible drinking fountain.
♦ Upgrade the women's restroom to provide a uni -sex accessible restroom.
♦ Modify the entrance leading into the training room.
Short Term
♦ Purchase and assistive listening it to accommodate persons who are hard of hearing.
. P g
♦ Upgrade signage throughout the building.
♦ Upgrade the fire alarm system.
Reactive
♦ At such time repair, replacement or remodeling r all other accessibility
p p ode g occurs upgrade a of e
upgrades pg s or accommodate the specific needs of a qualified employee with a
disability.
BROOKLYN CENTER FIRE DEPARTMENT -- PRIORITY RANKING 1
63RD AND BROOKLYN BOULEVARD
Proactive
♦ Provide a designated accessible parking stall.
♦ Provide easy to operate hardware on the entry door.
♦ Replace the door hardware on the Dispatch room, the training room, the kitchen,
and restrooms.
♦ Upgrade the restroom to provide a wider entry door, remove the partition, lower the
urinal rovid n accessible vanity, p e a ac y, the towel dispenser, add grab bars.
♦ Provide a knurled or tactile surface on the backside of the door hardware leading to
hazardous areas.
julee quarve - peterson, inc. Page 6
Accessibility Evaluation City of Brooklyn Center
Short Term
♦ Purchase and assistive listening kit.
♦ Lower the drinking fountain.
♦ Upgrade all other door hardware to provide levers.
♦ Upgrade signage throughout the building.
♦ Upgrade the fire alarm system
Reactive
♦ Modify employee areas per a specific request from a qualified employee with a
disability.
BROOKLYN CENTER MUNICIPAL GARAGE -- PRIORITY RANKING 3
Proactive
♦ Designate 1 accessible parking stall at either the front or rear entrance.
♦ Provide a curb cut leading from the accessible parking stall to the entrance.
♦ Provide lever hardware on the doors leading into the building at both the rear and
front entry and vestibule doors.
♦ Provide an accessible restroom facility whether it be a uni -sex restroom or upgrade
both the men's and women's restrooms.
Reactive
♦ Upgrade all other areas per specific request from a qualified employee with a
disability.
CENTERBROOK GOLF COURSE -- PRIORITY RANKING 1
Proactive
♦ Provide a van accessible parking stall.
♦ Provide appropriate signage at the restroom doors.
♦ Adjust the weight of the entry door leading into the club house.
♦ Repair the gap located at the back door of the club house.
♦ Provide 5% 4- legged parson style tables.
Short Term
♦ When restriping the parking lot, make the existing designated accessible stalls 13'
wide.
julee quarve - peterson, inc. Page 7
Accessibility Evaluation City of Brooklyn Center
♦ Upgrade the exterior picnic tables to incorporate a path of travel of firm surface and
table top extensions.
♦ Upgrade the curb cut to eliminate the lip.
Reactive
♦ Make upgrades to the club house per an employee request, i.e. upgrade the door
hardware.
CENTRAL PARK -- PRIORITY RANKING 1
Proactive
♦ Upgrade 10% of the picnic tables to incorporate accessibility features.
♦ Highlight the edge of the wooden boardwalk surrounding the water fountain.
♦ Where the asphalt path meets the bridge, make sure there is no abrupt rise greater
than 1/2 ".
♦ Add wheelchair viewing positions and an accessible path of travel at a minimum of
1 ball field.
♦ Remove 1 fixed bench at each of the game tables.
Short Term
♦ Monitor and maintain the curb cuts to ensure there is no abrupt rise or gap greater
than 1/2 ".
♦ Add an accessible path of travel leading to the play structure.
Long Term
♦
Upgrade the la structure to incorporate a resilient surface and more adaptive play
Pg play rP P
P
equipment.
EARLE BROWN HERITAGE CENTER -- PRIORITY RANKING 1
Proactive
♦ Provide van accessible parking by the conference center and Inn on the Farm.
♦ Provide accessible parking for Inn on the Farm.
♦ Provide a volume control device on the telephone within the conference center.
♦ Provide a TDD /TTY in the conference center.
♦ Make an assistive listening kit available for persons who are hard of hearing.
♦ Bevel all accessible restroom entries.
♦ Upgrade 1 restroom per building.
♦ Add a cabinet pull to the elevator emergency communication door.
julee quarve - peterson, inc. Page 8
Accessibility Evaluation City of Brooklyn Center
♦ Make a portable ramp available in the conference center.
♦ Implement recommendations for the accessible guest room at "Inn on the Farm."
♦ Provide a kit for persons who are hard of hearing or deaf at "Inn on the Farm."
♦ Adjust tension on all heavy doors.
♦ Eliminate the protruding hazard at the underside of the stairs in the 6155 Stable.
Short Term
♦ Upgrade signage in all buildings.
♦ Upgrade the fire alarm system in all buildings.
♦ Provide 60" accessible toilet stalls within conference center restrooms by Carriage
Hall A.
EAST PALMER PARK -- PRIORITY RANKING 2
Proactive
♦ Provide a crush limestone path leading to the ball field and wheelchair viewing
positions.
♦ Provide an accessible portable restroom facility.
♦ Add a van accessible parking stall and sign.
Short Term
♦ Upgrade the curb cut located adjacent to the parking lot.
♦ Bevel the shelter building entrance.
♦ At such time the parking lot is restriped, widen the existing designated accessible
stalls.
♦ Add grab bars in the warming house restroom.
Long Term
♦ Upgrade the play structure to provide more adaptive equipment and a resilient
surface.
EUGENE HAGEL ARBORETUM -- PRIORITY RANKING 2
Proactive
♦ Remove gate at the gate entrance leading into the arboretum.
♦ Add 2 additional benches and wheelchair resting positions.
julee quarve - peterson, inc. Page 9
Accessibility Evaluation City of Brooklyn Center
Short Term
♦ Monitor and maintain the existing asphalt path to insure that there is no gap or rise
greater than 1/2 ".
♦ Provide a connecting path of travel leading from the parking lot to Kylawn Park.
♦ Remove the weeds and patch any gaps or rises greater than 1/2" at the northeast
curb cut.
♦ When restriping the parking lot, provide a 13' wide stall.
Long Term
♦ Reconstruct the curb cuts to provide a safer design.
EVERGREEN PARK -- PRIORITY RANKING 1
Proactive
♦ Provide an accessible outhouse by the west parking lot.
♦ Provide a crushed limestone path and wheelchair viewing positions at the ball field
and football field.
♦ Add a van accessible stall at the south lot.
Short Term
♦ Repair or reconstruct the curb cut located at the south lot to provide a safer design.
♦ Restripe the existing designated accessible parking to provide a 13' wide stall.
♦ Bevel the warming house entrance.
♦ Add grab bars in the warming house restroom.
Long Term
♦ Upgrade the play structure to provide more adaptive equipment and a resilient
surface.
FIREHOUSE PARK -- PRIORITY RANKING 2
Proactive
♦ Provide a crushed limestone path to the ball field and incorporate wheelchair viewing
positions.
♦ Provide an accessible portable restroom facility.
♦ Install g rab bars in the shelter building/ warming warmin house in the restroom.
julee quarve- peterson, inc. Page 10
Accessibility Evaluation City of Brooklyn Center
Short Term
♦ Upgrade the curb cuts located at both the east and west parking lots to provide a
safer design.
g•
♦ Provide a path of travel leading to bench seating.
Long Term
♦ Upgrade the play structure to incorporate more adaptive equipment and a resilient
surface.
FREEWAY PARK -- PRIORITY RANKING 2
Proactive
♦ Add a designated accessible parking stall in the west lot.
♦ Reposition the picnic tables underneath the picnic shelter and provide table top
extensions.
Short Term
♦ Upgrade the curb cut at both the east and west parking lots.
♦ When restriping the parking lot, restripe the designated accessible parking stalls to
provide a 13' wide stall.
♦ Provide an accessible path of travel to the basketball court, the ball field, and bench
seating.
♦ Provide wheelchair viewing positions adjacent to the bench seating.
Long Term
♦ Upgrade both play structures to provide more adaptive equipment and a resilient
surface.
GARDEN CITY PARK -- PRIORITY RANKING 2
Proactive
♦ Provide an accessible portable restroom facility.
♦ Provide a signage at the restroom entry indicating that the restrooms are accessible.
♦ Provide lever hardware on the shelter building entry door and restroom entry doors.
julee quarve - peterson, inc. Page 11
Accessibility Evaluation City of Brooklyn Center
Short Term
erm
♦ Restripe the parking lot to provide a 13' wide stall when the parking lot is restriped.
♦ Provide a raised sand table or remove a 36" section of the concrete curb.
♦ Provide a path of travel to the shelter building.
Long Term
♦ Upgrade the play structure to provide more adaptive equipment and a resilient
surface.
GRANDVIEW PARK -- PRIORITY RANKING 1
Proactive
♦ On the southwest parking lot, add a crushed limestone path leading from the curb
cut to the spectator seating.
♦ Add wheelchair viewing positions at all ball fields.
♦ Remove the timbers by the spectator seating on the southwest side and provide an
accessible path of travel.
♦ At the east lot, connect the curb cut to the activity areas with a firm, stable, slip
resistant path of travel.
0 ♦ Add a van accessible parking stall at the southwest parking lot.
♦ Highlight the edge of the concrete stoop and edge of the ramp at the front entrance
of the shelter building to warn persons of a drop -off.
♦ Add a path of travel to the tennis courts and make the entry accessible.
♦ Reduce the tension required to operate the shelter building entry door.
Short Term
♦ Add a path of travel leading to the horse shoe area.
♦ Add grab bars to the restroom toilet stall in the shelter building /warming house.
♦ When the parking lot is restriped, provide 13' wide designated accessible parking
stalls.
Long Term
♦ Upgrade the play structure to provide a more resilient surface and adaptive
equipment.
♦ Fully upgrade the restrooms in the shelter building.
♦ Replace the drinking fountain in the shelter building.
julee quarve - peterson, inc. Page 12
Accessibility Evaluation City of Brooklyn Center
HAPPY HOLLOW PARK -- PRIORITY RANKING 3
Proactive
♦ Stripe the designated accessible parking stall to provide a 13' wide stall.
♦ Ramp the shelter building entrance.
♦ Provide an accessible portable restroom facility.
Short Term
♦ Add a path of travel leading to the ball field.
Long Term
♦ Upgrade the play structure to provide more adaptive equipment and a resilient
surface.
♦ Upgrade the restrooms to provide full accessibility.
HUMBOLDT LIQUOR -- PRIORITY RANKING 1
Proactive
♦ Cross -hatch an access aisle located in front of the existing curb cut.
♦ Move temporary product displays to insure that there are a minimum 36" aisles
throughout the store.
♦ Train employees to assist customers with disabilities in reaching items stored on high
shelves and directing them to the cash register located closest to the outside wall.
♦ Adjust the door closers on both the entry and vestibule doors to provide a maximum
8 pounds of force to operate the doors.
Short Term Plans
♦ Reconstruct the curb cut to provide a safer design.
Reactive
♦ If there is a qualified employee with a disability, make modifications to provide a
functional work place.
julee quarve - peterson, inc. Page 13
Accessibility Evaluation City of Brooklyn Center
KYLAWN PARK -- PRIORITY RANKING 2
Proactive
♦ Reposition the existing designated accessible parking stall so that it is located
adjacent to the curb cut.
♦ Cross -hatch a 5' wide access aisle in front of the existing curb cut.
♦ Provide an accessible portable restroom facility.
♦ Upgrade the tennis court entry to provide accessibility.
♦ Provide a path of travel leading from the main asphalt path to the ball fields and
incorporate wheelchair viewing positions.
Short Term
♦ Upgrade the picnic area.
♦ Provide access into the shelter building.
Long Term
♦ Upgrade the play structure to provide more adaptive equipment and a resilient
surface.
LIONS PARK -- PRIORITY RANKING 1
Proactive
♦ Convert 1 parking stall to provide a van accessible stall.
♦ Provide accessible portable restroom facilities.
Short Term
♦ Provide accessible picnic tables
♦ Upgrade the sidewalk surrounding the shelter building.
o Add grab bars in the shelter building restroom.
Long Term
♦ Upgrade the play structure to provide more adaptive equipment and a resilient
surface.
julee quarve - peterson, inc. Page 14
Accessibility Evaluation City of Brooklyn Center
MARLIN PARK -- PRIORITY RANKING 3
Proactive
♦ No recommendations at this time.
Short Term
♦ No recommendations at this time.
Long Term
♦ Add a firm, stable, slip resistant path of travel leading from the street to the play
structure.
♦ Upgrade the play structure to provide more adaptive equipment and a resilient
surface.
MUNICIPAL LIQUOR STORE -- PRIORITY RANKING 1
6250 BROOKLYN BOULEVARD
Proactive
♦ Adjust the tension of the door closers on the entry doors.
♦ Train employees to assist customers with disabilities.
Short Term
♦ Enlarge 1 checkout aisle to provide a minimum 36" aisle.
Reactive
♦ Accommodate employee needs on a per request basis.
NORTHBROOK LIQUOR STORE -- PRIORITY RANKING 1
1966 57TH AVENUE NORTH
Proactive
♦ Contact the landlord requesting that a parking stall be striped to provide a
designated accessible parking stall.
♦ Install permanent upright signage to identify the accessible parking stall.
♦ Train employees to assist customers with disabilities.
julee quarve- peterson, inc. Page 15
Accessibility Evaluation City of Brooklyn Center
Reactive
♦ Accommodate employees on an as needed basis.
NORTHPORT PARK -- PRIORITY RANKING 1
Proactive
♦ Provide an accessible path of travel leading to the tennis court and modify the entry.
♦ Provide a path of travel leading to both portable restroom facilities.
♦ Provide accessible portable restroom facilities at each end.
♦ Provide a crushed limestone path to the ball field and incorporate wheelchair viewing
positions.
♦ Provide a path of travel to the picnic area.
♦ Upgrade 10% of the picnic tables to incorporate extensions.
Short Term
♦ Ramp the entrance leading into the shelter building.
♦ Provide an elevated sand box or remove a 36" section of concrete curb.
♦ Install grab bars at the toilet.
Long Term
♦ No additional recommendations at this time.
ORCHARD LANE PARK -- PRIORITY RANKING 3
Proactive
♦ Provide an accessible portable restroom facility.
Short Term
♦ Upgrade 10% of the picnic tables.
♦ Provide a connecting path leading from the main asphalt path to the basketball court.
♦ Provide a connecting path in wheelchair viewing positions to the ball field.
♦ Add grab bars in the shelter building restroom.
Lang Term
♦ Upgrade the play structure to provide more adaptive equipment and a resilient
surface.
♦ Upgrade the shelter building.
julee quarve- peterson,inc. Page 16
Accessibility Evaluation City of Brooklyn Center
PALMER LAKE NATURE AREA -- PRIORITY RANKING 3
Proactive
♦ Add signage at the entrance of each trail indicating the length, slope, and surface.
♦ Add intermediate bench seating along all trails.
♦ It is encouraged that a bench be provided adjacent to the water's edge so people can
sit and watch the wildlife.
Short Term
♦ When the parking lot is restriped, restripe the existing designated accessible parking
stall.
Long Term
♦ Reconstruct the existing curb cut to provide a safer design.
♦ Consider a crushed limestone trail in place of the existing nature trail.
RIVER RIDGE PARK -- PRIORITY RANKING 3
Proactive
♦ None at this time.
Short Term
♦ It is encouraged that an accessil -le outhouse be provided, but if the decision is not
to provide an accessible outhouse due to vandalism, no action is necessary.
Long Term
♦ Provide a paved parking lot.
RIVERDALE PARK -- PRIORITY RANKING 3
Proactive
♦ Install a path to connect Dallas Street to the path surrounding the shelter building.
♦ Provide an accessible portable restroom facility.
♦ Provide a crushed limestone path of travel leading from Dallas Street to the ball
field.
julee quarve- peterson, inc. Page 17
Accessibility Evaluation City of Brooklyn Center
Long Term
♦ Upgrade the play structure to provide an accessible entrance, more adaptive play
equipment, and a resilient surface.
♦ Ramp the entrance leading into the shelter building.
♦ Replace the interior door hardware of the shelter building with hardware which
requires single effort operation.
TWIN BEACH PARK -- PRIORITY RANKING 3
Proactive
♦ Reposition the designated accessible parking stalls so it is adjacent to the curb cut.
♦ Cross -hatch the access aisle located in front of the curb cut.
♦ Provide an accessible portable restroom facility.
Short Term
♦ Provide a path of travel leading to the basketball court and the play structure.
♦ Provide grab bars at the toilet within the shelter building.
♦ Ramp the entrance leading into the shelter building and widen the entry door.
Long Term
♦ Upgrade the play structure to provide more adaptive equipment and a resilient
surface.
WANGSTAD PARK -- PRIORITY RANKING 3
Proactive
♦ No recommendations at this time.
Short Term
♦ Provide a path of travel leading to bench seating.
♦ Provide a path of travel to the basketball court.
Long Term
♦ Upgrade the play structure to provide more adaptive equipment and a resilient
surface.
julee quarve- peterson, inc. Page 18
Accessibility Evaluation City of Brooklyn Center
46 WEST PALMER PARK -- PRIORITY RANKING 1
Proactive
♦ Repair or replace existing curb cut to provide a safer design.
♦ Add a van accessible stall.
♦ Provide a crushed limestone path to the ball fields and wheelchair viewing positions.
Short Term
♦ Upgrade 10% of the picnic tables.
♦ Provide an accessible path and entry to the tennis court.
♦ Provide an accessible path of travel to the basketball court.
♦ Add grab bars in the warming house restroom.
Long Term
♦ Upgrade the play structure to incorporate adaptive equipment and resilient surfaces.
WILLOW LANE PARK -- PRIORITY RANKING 2
Proactive
♦ Add a path of travel to connect the tennis court, play structure, and bench seating.
♦ Provide an accessible entrance into the tennis courts.
♦ Provide an accessible portable restroom facility.
Short Term
♦ Replace the phone located in the shelter building /warming house.
♦ Add a grab bar in the restroom adjacent to the toilet in the warming house /shelter
building.
♦ Upgrade 10% of the picnic tables.
♦ Add a path of travel leading to the bench seating adjacent to the play structure.
Long Term
♦ Upgrade the play structure to provide more adaptive equipment and a resilient
surface.
Attached to the City of Brooklyn Center Report are appropriate documents which provide
information on the Americans With Disabilities Act, the Uniform Federal Accessibility
Standards, the Minnesota State Building Code Chapter 1340, and product information. Any
questions regarding this report should be directed to Julee Quarve- Peterson, Inc. at
612/553 -1246.
julee quarve - peterson, inc. Page 19
CITY OF BROOKLYN CENTER council Meeting Date I/25/93
Agenda Item Number / �}
REQUEST FOR COUNCIL CONSIDERATION
0 ITEM DESCRIPTION:
COMMITTEE OF THE WHOLE MEETING SCHEDULE
DEPT. APPR V
Geral oplinter, City Manager
MANAGER'S REVIEW/RECOAMENDATION:
No comments to supplement this report Comments below /attached
SUAEVURY EXPLANATION: (supplemental sheets attached )
Attached for your information and review are calendars for the months of November and
December of 1992 and January of 1993. On these 'calendars are indicated the various council
meeting dates and, if the committee of the whole system were implemented, the dates where these
meetings would have occurred.
Staff discussed any complications this proposed committee of the whole meeting schedule may
have, and there will have to be some adjustments in the way we publish. There could be some
initial confusion and delays because of changes in publishing dates, but these are relatively minor
problems. From a staff perspective, the major problem would be the loss of the work session
meetings which allowed the council to discuss items which were not agenda orientated and more
long -term in nature. There will be additional staff work involved as we will have to at least take
informal minutes of these meetings, and there will be staff time consumed in preparation for and
at these meetings. Also, it is important to understand that most of the materials for the council
meeting will not be developed by the Thursday evening committee of the whole meeting.
Staff does not believe there will be any conflict with the planning commission meetings held the
second and fourth Thursday of the month.
RECOMMENDED CITY COUNCIL ACTION Discuss the concept of establishing committee of
the whole meetings on the second and fourth Thursdays prior to city council meetings and direct
staff to prepare proper resolution detailing the schedule of such meetings and the rules and
regulations pertaining thereto.
NOVEMBER 1992
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 ■ 6 7
8 9 • 10 11 12 13 14
15 16 17 18 19 O ■ 20 21
22 23 • 1 24 1 25 1 26 1 27 1 28
29 30
DECEMBER 1992
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5
6 7 8 9 10 ■ 11 12
13 14 • 15 16 17 18 19
20 21 22 23 ■ 24 25 26
27 1 28 • 29 30 31
JANUARY 1993
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
3 4 5 6 7 ■ 8 9
10 11 • 12 13 14 O 15 16
17 18 19 20 21 ■ 22 23
24 25 • 26 27 28 29 30
31
• City Council Meetings
■ Committee of the Whole Meetings
O Planning Commission Meetings (NOTE: Regular meetings are scheduled for the 2nd
and 4th Thursday of the month.)
1
1993 CITY COUNCIL MEETING AND WORK SESSION SCHEDULE
CITY OF BROOKLYN CENTER
January 11 July 12
January 19, Work Session, Tuesday July 19, Work Session
January 25 July 26
February 8 August 9
February 16, Work Session, Tuesday August 16, Work Session
February 22 August 23
March 8 September 13
March 15, Work Session September 20, Work Session
March 22 September 27
April 12 October 12, Tuesday
April 19, Board of Equalization October 19, Work Session
April 26 October 25
May 10 November 8
May 17, Work Session November 15, Work Session
May 24 November 22
June 14
June 21, Work Session
June 28
CITY OF BROOKLYN CENTER Council Meeting Date 1/25/93
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
APPOINTMENT OF COUNCIL MEMBER TO TRI CITY AIRPORT COMMISSION
DEPT. APPROVAL: J
Sharon Knutson, Deputy City Clerk
MANAGER'S REVIEW/RECOMIVIENDATION:
No comments to supplement this report Comments below /attaFed
SUIVIrVIARY EXPLANATION: (supplemental sheets attached )
See attached letter.
RECOMMENDED CITY COUNCIL ACTION
Appoint a council member to serve on the commission.
CITYW CRYSTAL 4141 Douglas Drive North • Crystal, MN 55422 - 1696.537 -8421
ADMINISTRATIVE OFFICE
January 4, 1993
Mr. Todd Paulson, Mayor
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Mr. Paulson:
You may know the Tri City Airport Commission was created in
1982 to address issues regarding safety at the Crystal
Airport. The Commission is made up of representatives of
cities of Brooklyn Center, Brooklyn Park and Crystal as well
as airport operators and administrators. Each city has four
representatives (one staff member, one council member, and
two citizens at large).
In 1992, I was appointed as the Council representative for
Crystal to the Tri City Airport Commission. Throughout the
year the Commission discussed topics regarding safer
operations at the airport. The Commission also worked to
improve communication between the cities,'airport users and
operators. In 1992, the first annual Crystal Airport Open
House was a great success.
According to the current Commission membership list (see
attached), the City of Brooklyn Center needs to appoint a
new council representative. I encourage you to appoint a
council member to serve on the Commission.
I believe the Tri City Airport Commission has been
successful in bringing about changes to improve safety at
the Crystal Airport. Please take this opportunity for
Brooklyn Center to participate in future discussions
regarding operations at the Airport.
If you have any questions about the Commission, please call
Anne Norris, Crystal Community Development Director, at
537 -8421. Thank you for your consideration at this request.
Yours truly,
a
Ck, < <�
Gary P=Is
Crystal Cd3incil Liaison
Tri City Airport Commission
cc: Gerry Splinter, Brooklyn Center City Manager ��
TRI CITY AIRPORT COMMISSION
1992 MEMBERS
Brooklyn Center Brooklyn Park
Jerry Pedlar, Council Rick Engh, Council
Gerry Splinter, Staff Jim Winkels, Staff
Charles Nichols, Sr., Citizen Richard Vosika, Citizen
Bernie Swanson, Citizen Roy Arneson, Citizen
Crystal Operators
Garry Grimes, Council Max Messmer, KARE 11
Anne Norris,'Staff Mark Naas, Naas Air
James Kraker, Citizen Service
Ron Billstrom, Citizen Doug Weske, Aero Sales
FAA
MAC
Dennis DeForest Gary Schmidt
CITY OF BROOKLYN CENTER Council Meeting Date 1/25/93
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
ADMINISTRATIVE POLICY & PROCEDURE FOR WATER SHUT OFFS
************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
- d - �� W. A JU4
Sy IqWapp, D' ector of Public Works; Paul Holmlund, Director of Finance,_
MANAGER'S REVIEW/RECOADIENDATION:
V
No comments to supplement this report Comments below /attached
************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached Yes
• City Ordinance 4 -202 provides that water service to any Brooklyn Center water
utility customer may upon reasonable notice be discontinued for nonpayment of
individual accounts. The purpose of this item is twofold: to secure Council
approval of the proposed administrative policy and procedure for water shut offs;
and to alert the Council to the new administrative hearing process.
The policy and procedure set forth on the attachment represent for the most part
current practice. The administrative hearing process, however, is new.
Briefly, persons receiving a third and final notice (the "blue notice ") that
their utility account is delinquent (this notice is sent after eight weeks) are
advised that they have a right to demand an administrative hearing before the
Council at its next regularly scheduled meeting to show cause as to why their
water should not be shut off. This administrative hearing process is proposed so
as to assure customers that their due process rights are protected.
If any person should demand a hearing before the Council, then the following
would take place:
1) The customer has eleven days from the date of the blue notice to demand a
hearing. If no such demand is received by the Monday before a regularly
scheduled meeting, then it is assumed that the customer waives rights to
this hearing. The customer will be "red tagged" for shut off.
2) If a written, signed demand for a hearing is received by the due date, then
• an administrative hearing will be added to the agenda.
3) Staff will prepare a "Request for Council Consideration" which will detail
the facts of the case. This report will be made available to the customer
prior to the hearing.
• 4) At this hearing, the burden is on the customer to show cause as to why
water should not be shut off. If after the hearing the Council determines
that the customer did not show cause, then the water would be scheduled for
shut off the following Wednesday. If, however, the Council determines
otherwise, or desires additional information to be discussed at a continued
hearing, then that customer's property will be removed from the list
scheduled for shut off.
Schedule
There are six billing districts, which are billed one district every two to three
weeks over the quarter. Given the existing billing schedules, if the Council
approves the proposed administrative policy and procedure, the first date at
which an administrative hearing might be scheduled would be March 8th. The
following is a representative billing schedule:
January 20 Bill Due Date
January 27 2nd Notice Sent
February 18 3rd "Blue" Notice Sent
March 1 Due Date For Demand For Hearing
March 4 "Red Tag" - Shut Off Notice Delivered
March 8 Council Meeting
March 10 Water Shut Off
• Other Policy and Procedural Changes
The proposed policy and procedure incorporates changes to existing procedures,
which would reduce the collections burden on utility billing staff, and which
make rental property owners more accountable for the delinquent or unpaid final
bills of their tenants. The changes are intended to improve collections of the
over $30,500 in delinquent utility charges, and almost $19,000 ($16,425 from two
commercial accounts) of unpaid final bills.
The policy also amends the current procedures of accepting verbal promises for
payment. Partial payment plans may now only be accepted in writing. Certain
standards apply: a minimum of one - quarter of the outstanding bill must be paid
within 14 days, and the entire delinquent bill must be paid within 30 days.
RECOMMENDED CITY COUNCIL ACTION
Discuss, suggest any amendments, and adopt by resolution the attached
"Administrative Policy and Procedure, Water Shut Offs."
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ADOPTING AN ADMINISTRATIVE POLICY AND PROCEDURE
FOR WATER SHUT OFFS
WHEREAS, Section 4 -202 of the Brooklyn Center City Ordinances
provides that upon reasonable notice, water service may be discontinued to a
property for nonpayment of individual public utility accounts or for disregard
of duly established rules and regulations; and
WHEREAS, Section 4 -105 of the Ordinances provides that the City
Manager shall establish procedures for determining and collecting customer
charges, consistent with the adopted Public Utility Rate Schedules; and
WHEREAS, the City Manager has determined that it is prudent to adopt
an "Administrative Policy and Procedure For Water Shut Offs"
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The "Administrative Policy and Procedure For Water Shut
Offs" is hereby adopted.
2. The City Manager is hereby directed to implement this
administrative policy and procedure 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
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
ADMINISTRATIVE POLICY & PROCEDURE January, 1993
WATER SHUT OFFS
Brooklyn Center Ordinance 4 -202 provides that water service may upon reasonable notice be
discontinued for nonpayment of individual accounts. The following is the procedure to be followed
when public utility accounts are in arrears, or when a final billing is more than 30 days overdue.
PAYMENT POLICY
1) A public utility bill is due 28 days from the date of billing.
2) A delinquent billing is generated for each account unpaid after 35 days from the billing date.
Customers have 21 days to pay this delinquent bill.
3) A "blue notice" is sent to each delinquent account unpaid after 56 days from the billing date.
This notice informs customers that they have 14 days to make payment. It also informs
customers that they have a right to demand a hearing at the next regularly scheduled Council
meeting to show cause as to why their water should not be shut off. The demand must be
made in writing to the City Clerk within 10 days. If no written demand is received by the
Monday prior to the Council meeting (11 days from the date of the blue notice), then it is
assumed the customer waives the right to a hearing.
4) Partial payments may be made if the customer provides a written, signed payment schedule
which is acceptable to the City. If that payment schedule is not met, the property will be red
tagged. A minimum acceptable schedule includes a partial payment of at least 1/4 the total
amount due paid within 14 days, and full payment within 30 days of the date of the blue
notice.
5) On the 70th day, a "red tag" is delivered to properties where the account remains unpaid and
where no demand for a hearing has been made. This notice informs customers that payment
is due within five days or water will be immediately shutoff.
6) The City Council may at an administrative hearing at a regularly scheduled meeting consider
the shutoff of water to a property, and order staff to take such actions as it deems are
necessary.
PROCEDURE
DELINQUENT ACCOUNTS
All delinquent accounts in excess of $100 shall be pended as a special assessment
Vacant Properties
is Upon notice as described above, the water shall be shut off
Rental Property'
• If delinquency not incurred by current tenant
a) Obtain a meter reading and date of change of occupancy, and calculate final
bill for previous tenant
b) If a forwarding address is available for the previous tenant, send a final bill.
Send an informational copy to the property owner.
C) If no address is available, notify property owner of delinquent final bill
d) If not paid in 28 days, follow procedure for rental property in "FINAL
BILLS" section
If delinquency incurred by current tenant
a) Follow procedure in "NOTICE" section
b) Send informational copy of bill to property owner
Other property
Upon notice as described above, the water shall be shut off
FINAL BILLS
All final bills unpaid after 28 days from the billing date shall be pended as a special
assessment
Rental Property
a) All final bills unpaid after 28 days from billing shall be billed to the property owner
b) If the delinquency is not paid within the next 28 days, the unpaid amount shall be
certified as a special assessment
Other Property
a) After 28 days unpaid, the bill shall be pended as a special assessment, and a letter of
explanation sent to the new property owner.
b) Two more attempts 28 days apart shall be made to collect from the previous property
owner. If unpaid, the bill shall be certified as a special assessment.
Paul Holmlund, Finance Director G. G. Splinter, City Manager
e: \eng \pubutil \shutpol
• 'Verify that the property is licensed. If not licensed, notify the Licensing Clerk immediately.
NOTICE TO RENTAL PROPERTY OWNER OF DELINQUENT FINAL BILL
Date
Property Owner Name
Address
City, State ZIP
Dear Property Owner:
According to the records of the City of Brooklyn Center Finance Department, a tenant of a rental
• property you own at xxxxx Street Name in Brooklyn Center has not paid a final utility bill. This
final bill totals $xxx.xx. According to City Ordinance, payment of utility accounts is an obligation of
the property owner.
The enclosed bill for $xxx.xx is due in 28 days, or by Month Day, 199x. If this bill is not paid by
that date, it will be certified to the County Auditor as a special assessment against your property. A
special assessment service charge of $25 will be added to the total, as well as interest at one percent
per month from the date of delinquency to the date of certification. After certification, additional
interest charges will apply.
Please contact Stasia at the Utility Billing department at 569 -3346 if you have any questions.
Sincerely,
Paul W. Holmlund
DIRECTOR OF FINANCE
NOTICE TO PROPERTY OWNER OF UNPAID FINAL BILL BY PREVIOUS OWNER
Date
Property Owner Name
Address
City, State ZIP
Dear Property Owner:
This letter is to advise you that according to the records of the City of Brooklyn Center Finance
Department, the previous owner of property you own at xxxxx Street Name in Brooklyn Center has
not paid a final utility bill. This final bill totals $xxx.xx. According to City Ordinance, payment of
utility accounts runs with the land, not with the individual. In other words, as the new owner of this
property, you may be ultimately responsible for payment of the previous owner's unpaid final water
bill.
The Utility Billing office will continue to attempt to collect this unpaid bill from the previous property
owner. You may wish to take measures such as contacting the previous property owner yourself,
discussing the matter with your attorney, your realtor, or your property closing agent to determine
what provisions were made for payment of utility bills; or investigating other alternatives.
If the bill is not paid within 8 weeks, the unpaid amount will be certified as a special assessment for
collection with your property taxes. You may choose to pay the bill in full prior to then, or pay it
along with your taxes. If the bill is certified as a special assessment, there is a $25 service charge,
and interest is applied.
Please contact Stasia at the Utility Billing department at 569 -3346 if you have any questions.
Sincerely,
Paul W. Holmlund
DIRECTOR OF FINANCE
"BLUE NOTICE" (FINAL REMINDER)
Date
Customer Name
Property Address
City, State ZIP
Dear Customer: Arrears $
Water $
This is the FINAL REMINDER that payment has not been received on Sewer $
your utility bill, which became past due on xx /xx /xx.. We regret the Storm $
necessity of sending you this notice. PLEASE CONTACT US AT Recycl $
ONCE at 569 -3390. Sery Chrg $
TOTAL $
PAY THIS AMOUNT
You have three options.
1) Make prompt payment payment in full by 4:30 Monday, Month Day, Year.
2) Agree to a written payment schedule, using the form provided in this packet. This schedule must be
received and approved by the Director of Finance or his designee by 4:30 Monday, Month Day,
Year. Payments must be made according to this schedule, or water will be shut off.
3) You have the right to demand, in writing, an administrative hearing before the City Council at its next
regularly scheduled meeting. At this meeting you must show cause as to why the Council should
remove your name and account from the list of accounts for which serive is to be discontinued. The
next meeting of the City Council is Monday, Month Day, Year, at 7:00 p.m. in the City Council
chambers at City Hall, 6301 Shingle Creek Parkway. This written, signed demand must be received by
the City Clerk at City Hall by 4:30 p.m. Monday, Month Day, Year. If no written request is
received, it will be assumed that you have waived your right to a hearing.
If you have not taken one of these steps, or if the City Council does not remove your name and account from
the list of accounts for which service is to be discontinued, water service will be discontinued immediately.
The City of Brooklyn Center operates its water and sewer services under ordinance provisions, and it is
the policy of the City Council to administer these provisions strictly and impartially so that all consumers
will be treated fairly. The City strives to continually serve the best interests of all residents. Criticisms
and suggestions will at all times receive careful consideration.
Sincerely, CHARGES FOR RESTORING
DISCONTINUED WATER SERVICE
Mon -Fri (Except Holidays) 7:30 A.M. to 3:00 P.M. $25.00
Any time other than above ...... * * * ... ''*** $ 75.00
Payment must be received prior to eraton of service
Paul W. Holmlund
DIRECTOR OF FINANCE
PUBLIC UTILITY BILL PAYMENT AGREEMENT
I (We), the undersigned, hereby agree to make payment to the City of Brooklyn Center of my
(our) delinquent public utility bill according to the following schedule. I understand that if
payment is not made according to the schedule the account will be added to the next list of
accounts scheduled for water shutoff.
I (We) understand that the delinquent bill must be paid in full by
Total Amount Due: $
I (We) understand that a minimum payment of is due by
or my property will be red tagged for water shutoff
PAYMENT SCHEDULE:
{Note on the above: these blanks will be filled in by utility billing staff prior to mailing this
notice}
Signed:
(Name) (Date) (Name) (Date)
Name:
(Please Print)
Address of
Property: Phone: (home)
(day)
Brooklyn Center, MN
FOR OFFICE USE ONLY
Approved by: Date: Account Number:
Payments Received:
Date Paid Off: Date Red Tagged: Date Shut Off:
PROCEDURE FOR
DELINQUENT UTILITY BILL DAYS FROM
GENERATED BILLING
UTILITY BILLS
NO FURTHER YES PAYMENT
ACTION RECEIVED? 28
i
i
NO
i
DELINQUENT
i
BILL GENERATED 35
i
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YES AS
SPE AL IS AMOUNT MORE
ASSESSMENT THAN S1001
i
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NO
i
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i
i
NO FURTHER YES PAYMENT
ACTION RECEIVED?
i
i
i
i
NO
i
"BLUE NOTICE"
GENERATED 56
i
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i
t
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i
NO FURTHER YES PAYMENT
ACTION RECEIVED?
i
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NO
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i
YFA �
CITY OF BROOKLYN CENTER Council Meeting Date 1/25/93
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
CORRECTION OF SPECIAL ASSESSMENTS COLLECTION ERROR, 1988 LEVY NUMBERS 11071 AND
11072
DEPT. APPROVAL:
Sy Knapp, 15irector o Public Works
MANAGERS REVIEW/RECOMAMNDATION:
No comments to supplement this report Comments below /attached
SUN MARY EXPLANATION: (supplemental sheets attached Yes
In 1988 the Council certified two special assessment levies for improvement
• project 1988 -H. These levies were certified for collection over ten years.
Recently Hennepin County realized that due to a clerical error on the city's part
it has been collecting these levies using a twenty year payment schedule.
Hennepin County desires to correct this payment schedule, beginning in 1993.
This clerical error does not affect the validity of the levy. However, the City
Attorney advises that the Council should take official action directing the
County how it should collect the balance remaining after four years' payments.
The attached memo details options that the Council could consider. They are:
Option 1 Collect the remaining principle (16 /20ths of the total) over the
remaining six years of the levy;
Option 2 Remain on the 20 year payment schedule and collect the principle over
the next sixteen years; or
Option 3 Adopt a "middle ground" approach whereby the amount of the principle
collected in 1993 and future years is set at what it would have been
under a ten year collection schedule.
Staff recommends that the Council adopt Option 1. This option minimizes the
total interest to be paid by the property owners. There is one senior citizen
deferral in these two levies. Staff will contact that property owner and
determine whether any adjustment to that deferral is required.
• RECOMMENDED CITY COUNCIL ACTION
Resolutions directing Hennepin County to correct the collection of these two
levies using various options are provided for Council adoption.
OPTION 1
Member introduced the following resolution and
moved its adoption:
RESOLUTION N0.
RESOLUTION DIRECTING THE HENNEPIN COUNTY AUDITOR TO CORRECT
THE COLLECTION OF SPECIAL ASSESSMENT LEVY NUMBERS 11071
AND 11072
WHEREAS, Brooklyn Center City Council Resolutions 88 -145 and 88 -146
certified special assessment levy numbers 11071 and 11072 respectively;y to
the Hennepin County tax rolls; and
WHEREAS, said levies were certified for collection over ten years;
and
WHEREAS, due to a clerical error said levies have actually been
collected using a twenty year collection schedule; and
WHEREAS, the City Council desires to correct the schedule for
collection of the balance of the aforesaid levies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that the Hennepin County Auditor is hereby
directed to collect the principle balance remaining on said levies in six
equal installments, payable with ad valorem taxes in 1993, along with interest
as described in resolutions 88 -145 and 88 -146.
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.
OPTION 2
Member introduced the following resolution and
moved its adoption:
RESOLUTION N0.
RESOLUTION DIRECTING THE HENNEPIN COUNTY AUDITOR TO CORRECT
THE COLLECTION OF SPECIAL ASSESSMENT LEVY NUMBERS 11071
AND 11072
WHEREAS, Brooklyn Center City Council Resolutions 88 -145 and 88 -146
certified special assessment levy numbers 11071 and 11072 respectively;y to
the Hennepin County tax rolls; and
WHEREAS, said levies were certified for collection over ten years;
and
WHEREAS, due to a clerical error said levies have actually been
collected using a twenty year collection schedule; and
WHEREAS, the City Council desires to correct the schedule for
collection of the balance of the aforesaid levies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that the Hennepin County Auditor is hereby
directed to collect the principle balance remaining on said levies in fourteen
equal installments, payable with ad valorem taxes in 1993, along with interest
as described in resolutions 88 -145 and 88 -146.
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.
MEMORANDUM
Date: January 15, 1993
To: Sy Knapp
From: Diane Spector&
Subject: Special Assessment Levy Error
In 1988 we certified two special assessment levies to Hennepin County for Improvement Contract
1988 -H, Improvement of Logan/France /Lakebreeze /50th Avenues. These levies were certified for
collection over ten (10) years.
Recently Hennepin County realized that it has been collecting these special assessments based on a
twenty (20) year payment schedule. We have determined that this is because of a clerical error in our
office - someone simply typed 20 instead of 10 on the "levy add card" which is sent to Hennepin
County.
At this point, four years of the ten years have passed, and officially six payments remain. However,
sixteen twentieths (16/20) of the principle remains to be paid. Hennepin County currently has these
tax statements set up so that this 16/20 will be collected over the remaining six years.
Charlie LeFevere advises me that the City Council needs to take official action correcting this error,
directing Hennepin County how it should collect the remaining balance. He advises that the original
levy remains valid, and that no public hearing regarding this correction is necessary. The action is
necessary because the collection of the assessment is not proceeding according to the Council's intent
when the levy was originally certified.
There are a few collection options which the Council could consider:
Option 1 Proceed with the division of the remaining 16/20 of the principle over the remaining six
years of the levy;
Option 2 Remain on the 20 -year payment schedule and collect the principle over the next sixteen
years;
Option 3 A "middle ground" approach whereby the amount of the principle collected each year is
set at what it would have been had the assessment been collected over ten years. The
assessment would be collected over a total of twelve years, rather than ten under the first
approach or twenty over the second approach.
This issue affects 37 properties (27 commercial and 10 residential). There is one senior citizen
deferral involved. As an example, the following table shows two properties, one commercial and one
residential, and the short and long term effects of the change.
Small Residential
Commercial
Total Levy Originally Certified $4,225.57 $649.80
Total P + I If Collected As Certified 6,655.28 1,023.44
1992 Payment vs. 570.45 87.72
Resulting 1993 Payment vs 676.09 vs 110.47
r otal P + I If Collected As Proposed by Hennepin $7,077.82 $1,088.41
ounty (16/20 Over 6 years) (OP77ON 1)
992 Payment vs. 570.45 87.72
Resulting 1993 Payment vs 901.46 vs 138.62
Total P + I If Collected Over 20 Years (OP77ON 2) $8,937.08 $1,348.35
1992 Payment vs. 570.45 87.72
Resulting 1993 Payment vs 549.33 vs 84.47
Total P + I If Collected Using The "Middle Ground" $7,415.87 $1,140.40
Option (Set Remaining Principle Payments at 10 Year
Rate) (OP77ON 3)
1992 Payment vs. 570.45 87.72
Resulting 1993 Payment vs 760.61 vs 116.96
Recommendation
Bring this item to the Council as a discussion item on January 25. The Council should by motion
direct Hennepin County to correct the collection of the levy using the selected option.
• The method proposed by Hennepin County (Option 1) would be least costly to the
property owners in the long run. It would also result in the biggest increase in the
annual payment.
• Continuing on at the 20 year payment schedule (Option 2) would be very costly in the
long run, and does not meet the intent of the Council in its original certification, nor
what was represented to the property owners at the public hearing.
• The "middle ground" (Option 3) might be an acceptable compromise. However, it
would probably draw as many objections as Option 1.
Staff recommends selection of either Option 1 or 2, with a preference for Option 1. Hennepin
County has put generation of the tax bills for these properties "on hold" until it receives further
direction from us. When the Council has made its decision, I recommend we send letters of
explanation to the property owners, along with a revised payoff schedule.
e:\eng \council \items\sacorr.rcc
CITY OF BROOKLYN CENTER Council Meeting Date 1/25193
Agenda Item Number �1!5
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
PAUL BENSON EASEMENT ENCROACHMENT PROBLEM
DEPT. APPR
eral G. inter, City Manager
MANAGER'S REVIEW/RECOMNIENDATION:
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached )
RECOMMENDED CITY COUNCIL ACTION
TP[.1 EE "33 11 :0 HOLMES GRHVEN
P.
I
HOLMES & G RAVEN
CHARTERED
Attorneys at I ew J OHN M. LEnlEw R, JR.
490 Pillsbury Center, Mlnn"POUa, MinncsOtR 5S302 R0118R J. LMALL
RoaERT A. ALSOP (612) 337.9300 - LAi,'RA IL MOLLPT
BAYaARA L. PORTWOOD
RONALD H. RATTY
J. MU FacaLnile (612) 337 - 9310 JAMES M. STIt OI�;NIEN
STBPi#�'!
S TET 8. Dr AN JOMS J. THOMSON, JR.
JOHN LARRY M. WP.RTHEiM
MARY G. DOIRD48 IioNNia L W%xiNs
STIWANIE N. GAM GARY P. WiNtq
CORRiNE A. H EINE
JAkXS S. H OLM" WRY'1'ER'S D �y IR CT DIAL DAv3P L. GRAVE'' (3929.1991)
DAVID J• KViNEDY (612) 337 9215 orCOLKSM
JosN R. LARBON ROBERT C. C
WELLINGTON H. LAW RO b18RT L. I)AViPSON
CY-ARLES L LEMimE
i
I
I
January 22, 1993
Mr. Gerald Splinter
City Manager
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
i
Re: Paul Benson Easement Encroachment Problem
Dear Jerry:
As you know, Mr. Paul Benson, a resident of the city, is purchasing residential
property in the city under a contract for deed. A city utility easement runs along
one side of the property. Some years ago, after the easement was filed with the
county, a sewer was constructed within the easement area. some years later, the
owner of the property secured a building permit from the city to build a detached
garage on the property. The garage, as constructed, extends into the easement
area
Mr. Benson now wishes to pay off his contract for deed and mortgage the property,.
However, the bank (Mortgagee) is not willing to provide such financing because of
the garage encroachment into the easement area.
The issue of what to do about the encroachment is not an easy one Mr. Benson feels
that the city is responsible for the situation because it issued a building permit and
apparently due to some administrative oversight, the city did not have a record of
the easement on his property. Therefore, Mr. Benson would argue that the
encroachment problem should be remedied at no expense or inconvenience to him.
The contrary argument is that the easement was a matter of legal public record for
the property, even, if it was not shown on the property card for that property in the
files of the city. In issuing a building permit, the city does not guarantee that the
owner has legal right to build a proposed structure. The right to do so could 1�e
affected by such other interests as city, county, or utility company easements,
easements of other private parties, deed restrictions or any other interest about
which the city would likely not have any information. It is the obligation of the
landowner to determine whether he or she has the lawful right to build the
structure.
CLL47542
8YtZ91 - 10
THfa "=3 11: O'S H =!LHES _. 6RH'•JE a P..3
Mr. Gerald Splinter
January 22, 1993
Page Z
In some cases in the past, the city council has been able to remedy such
encroachment problems merely by vacating that part of the easement on which the
structure Is constructed, That is not entirely practical in this case because the
sewer pipe is sufficiently deep and close to the garage that there is a good
probability that the garage would be damaged if it became necessary to repair or
replace the sewer pipe.
As I understand it, it is Mr. Benson's position that the city should vacate the
easement and assume the risk to the garage associated with any future repair or
replacement of the sewer line. As a compromise, the staff had suggested the
possibility of an agreement under which the city would vacate that part of the
easement if Mr. Benson, and anyone who comes to own the property in the future,
would agree to defend and indemnify (protect from legal liability) the city so that the
city would be protected from potential damage claims arising out of maintenance of
the sewer pipe. Mr. Benson has reported that the title company and Mortgagee is
not willing to extend financing under these circumstances.
At the last council meeting during which this item was discussed, Councilmembex
Rosene suggested a compromise under which the city would assume enough of the
risk so that Mr. Benson would be able to secure mortgage financing. I was
requested to discuss the idea with the title company and the Mortgagee to see
whether this, or any other proposal, would be satisfactory to them.
Following my discussion, with the title company, I prepared an agreement as
suggested by Councilmember Rosene for their review. A. copy of the proposed
agreement is attached. Under this agreement, Mr. Benson would agree to indemnify
the city for damages arising out of work on the sewer pipe by the city. This
obligation would run with the land and would bind future owners of the property so
that the city would continue to be protected in the future. However, this obligation
is excused under the agreement if the Mortgagee forecloses on the mortgage.
Therefore, the city would lose this protection in the event of foreclosure of Mr.
Benson's mortgage. This loss of protection, in and of itself, does not increase the
city's potential exposure to liability. It merely puts the city in the same position it
would be in if a garage outside of the easement area were damaged by the city. at
Increases the city's exposure in this cage is the proximity of the sewer pipe to the
gage
The proposed concession by the city under the contract is the minimum concession
necessary to solve Mr. Benson's financing problem- It will only apply to mortgages
filed before July 1, 1993. Any later mortgagee would be subject to the obligation to
defend and indemnify the city. Therefore, the agreement to indemnify and defend
could affect any future financing or refinancing and could affect Mr. Benson's ability
to sell the property.
CLL47442
ana91 —la
11: 013 HCLME_' FH'; Era
F. 4
Mr. Gerald Splinter
January 22 1993.
Page 3
Mr. Benson has informed me that the proposed contract is acceptable to the title
company and mortgagee. No doubt it is not a solution which is perfectly acceptable
either to the city or to Mr. Benson. However, it would seem to be a compromise
which takes care of the immediate problem, at least for the foreseeable future.
Very truly yours,
Charles L. LeFevere
CLL /Imb
Enclosures
cc: Paul Benson (BY FAX)
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CLL49942
' eR291 -10
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11 "'± Hi =L[IE' _ F't'iEta F.
COVENANT OF RELEASE, WAIVER AND INDE104 IFICATION
This Covenant of release, waiver and indemnification is made this day of
1883 by (hereinafter referred to
as "Owner ") and the City of Brooklyn Center, a Minnesota municipal corporation
( hereinafter referred to as "City");
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WITNESSETH:
I
WHEREAS, Owner is the contract for deed vendee of real property legally
described as Lot 31, Block 8, Pearson's Northport 3rd Addition, Hennepin County,
Minnesota (hereinafter referred to as the "Subject Property ") ; and
WHEREAS, the Subject Property is and has been encumbered by an easemex4t
for installation and maintenance of a sanitary sewer, filed for record with the
Hennepin County on as document
number 613060 in favor of the City; and
WHEREAS, the City has constructed a sanitary sewer pipe within the area
described in the Utility Easement; and
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WHEREAS, on June 6, 1978 Roy Pierce, Owner's predecessor in interest in the
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Subject Property secured from the City a building. permit for the construction of, a
t s the "G arage" ) refer o a ) on the Subject Property;
detached ga hereinafter �' g
a
g
(
and
I
WHEREAS, the Garage was so constructed that a part thereof encroached into
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the Utility Easement, which area of encroachment is legally described in Exhibit One,
attached hereto and hereby wade a part hereof (hereinafter referred to as the
"Encroachment Area ") ; and
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WHEREAS, the City's sanitary sewer pipe in the Utility Easement is
sufficiently close to the Garage that maintenance, repair or replacement of the
i
sanitary sewer pipe may cause damage to the Garage; and
CLL46671
98291 -10
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" 9:3' 11:1- HI)LMEES
WHEREAS, Owner does not wish to relocate the Garage outride of the - Utility
Easement; and
WHEREAS, Owner has requested vacation of the Encroachment Area by the
City to remove the cloud on title created by the encroachment of the Garage, for
purposes of paying the contract for deed vendor and securing refinancing of the
Subject Property; and
WHEREAS, the City is willing to consider vacation of the Encroachment Area
provided Owner executes this Covenant;
NOW, THEREFORE, on the basis of the premises and of the mutual covenants
and agreements hereinafter set forth the parties hereto agree as follows:
1. The City will consider vacation of the Encroachment Area without the
payment by Owner of an application fee therefor. In the event the city
council vacates the Encroachment Area this Covenant shall be filed with
the Hennepin County and shall be in full
force and effect. Approval of vacation of the Encroachment Area by the
city council may be made contingent upon owner securing fee title from
his contract for deed vendor. It is the intent of the parties that this
Covenant be in recordable form and the parties agree to take such other
and further steps and to execute such other related documents as are
necessary to effect such recording. Filing fees shall be paid by the
City. In the event the city council of the City declines or fails to
vacate the Encroachment Area by May 1, 1993, this Covenant shall be
void and of no further force and effect, and all original copies of this
Covenant shall be returned to Owner, and shall not be filed for record
with Hennepin County.
2. Owner represents and warrants that he is the contract for deed vendee
of the Subject Property, that he is lawfully entitled to execute this
Covenant and to bind himself, his heirs, successors and assigns as
provided herein. The Owner hereby declares that the Subject Property
shall be held, sold and conveyed subject to the covenants, conditions,
and restrictions set forth herein. This warranty and the covenants,
conditions and restrictions set forth herein shall apply to title secured
by Owner after the date hereof.
3. Owner, for himself, his heirs, successors and assigns hereby waives
and releases the City, its officers, agents, and employees from any and
all claims of Owner arising from or relating in any way to the previous
action of the City in issuing a building permit for the Garage or any
other action, of the City which relates to the creation and existence'', of
the encroachment.
4. Should it become necessary or desirable, to the absolute and sple
diucretion of the City to maintain, repair or replace the sanitary s"er
CLL46671
IM291 -10
JHr'I Vic; 11:161 Hi_ LP`lE GRi;'':'E(I P.
i
pipe in the Utility Easement, the City may undertake such maintenance
repair or replacement. In the event such maintenance, repair or
replacement results in any loss or damage to persons or property which
results from, or relates in any way to, the proximity of the Garage to
the sanitary sewer pipe, the Owner, on behalf of himself, his heirs;
successors and assigns, waives and releases any claims for such loss or
damage against the City, its officers, employees, agents and
contractors and agrees to defend and indemnify the City, its officers',
employees, agents and contractors from any and all such claims trade or
brought by any other person or persons .
S. The covenants, waivers, releases and obligations created by this
Covenant shall run with the land of the Subject Property and shall bind
Owner, and Owner's heirs, successors and assigns therein; provided,
however, that this Covenant shall not bind any mortgagee which
perfects a mortgage interest in the Subject Property after the date of
this Covenant but before July 1, 1993 and which acquires title to the
Subject Property by foreclosure or conveyance in lieu of foreclosure,
or the successors or assigns of such mortgagee.
IN WITNESS WHEREOF, the Owner and the City have executed this Covenant
on the day and year indicated above.
Subscribed and sworn to before me
this _ day of 1993.
Notary Public
This document drafted by:
HOLMES & GRAVEN, CHARTERED
470 Pillsbury Center
Minneapolis, MN 55402
(512) 337 -9300
I
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Bassi -an
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CITY OF BROOKLYN CENTER Council Meeting Date 9 1/25/93
Agenda Item Number / / C"
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
LEGISLATIVE UPDATE
DEPT. APPROVAL:
Gerald G. Splinter, ity Manager
MANAGER'S REVIEW/RECOACUENDATION:
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached )
RECOMMENDED CITY COUNCIL ACTION
Review and discuss attached materials.
. rrlN
C0.
MOM
Am
X X♦
enate Counsel & Research z*n.ate
ST PAU STATE N isissL State of Minnesota
ST L. MN sl�ss
��1+ �1st
FAx :{ +212W"7rt
JA ANNC LDFF S1LLN:f1
OIAICTOR
GOLM S EL
�[T[A ! wATTSpN
JOnNC OVLL T4: Metropolitan Legislators Transit Group
CLOA ► MGGOWAN
KATHLI roNTw9
ALUIO WC
N Vy�LF FRAM: Martha N. Q'Toole, Senate Counsel (296 - 4395)
IL12ACITNV AICC
JCSCP?4 F WICA:I•NEM
0JOAO1 M MCCORVIC DATE: December 29, 1992
KANS I L ►JGAN�C,N
MARTHA N O'TCY:LE
RE: Metropolitan Transporta Bill Draft (SM035 - 1)
LECIKA71V1
ANALYSTS
WILLIALI FIIMlAMAN
DA VID QIEL
uARK L. FI0.AIA.VI:.!1 ,
•ove „ amends the statuto deh. ^.ition of_ road or highway as a _- -
CQ.O.lYC KvOAFr corridor for transportation of people and goods.
PATRICK J MGCOAMACK
MARK R. MIIUK�N!!
J, � provides that mass transit projects in highway corridors are
J 4 L L M ICHU Z
CKULT
CKA:SL TURNER deemed to to for highway purposes if the projects are designed to achieve
AMY VENNEYW state transportation goals maxirn`.a.e `_'ederal ISTEA matching funds and
MA,1A wEi�MANh , ,
achieve compliance with the Clean Air Ac,. The section also includes a new
definition of "mass transit," essentir:Ly public bus and commuter rail sorvico.
This definition includes property, vehicies, and equipment necessary to operate
mass transit as well as related facilities such as park - and -ride lots.
$Zl o — n3 prescribes highway projects in the metropolitan area.
establishes a priority for highway projects in the
metropolitan area that include mass trensi:.
Subdivision directs the cornmissicner to apply for federal financial
assistance to construct light rail tra :sit in trt central corridor by January 1,
1994.
Subdivision 3 prescribes reconstruction of I -35W, which may begin only
after light rail construction has begun on the central corridor. The
reconstruction is to include light rail nosh of I -494; an additional lane in each
direction at the Crosstown Commons interchange; two lanes restricted to mass
transit south of I.494 to I -35E, which may be constructed only after light rail
construction has begun. No additional lanes may be constructed on 1-35W he
the the commiseionr on I - 35W for transportation
two ycars.
committees
l on the eff ec t of ma ss
Subdivision a requires that I -494 reconstruction include two additional
traffic lanes restricted to mass transit and na additional committee of he legisla
commissioner has reported to the transport c
on the effect of the completed mass transit lanes for two years.
Subdivisi9n5_ requires reconstruction of trunk highway 610 to begin
when reconstruction begins on either I.494 or I.35W, whichever occurs first.
S d' *sjon 6 authorizes the commissioner
trans t in he metropolitan area end
and -ride lots for persons traveling by mass
to ensure sufficient parking spaces to max'== mass transit use.
SI gtion 41 amends the state transportation goals, requiring metropolitan
transportation planning to enhance balanced land use and including attain—mint
of 1990 levels of carbon dioxide emissions.
j are the employer and employee commuter tax
credit provisions from the R T B bill last session.
,Se . ion defines commuter transportation benefits.
S ec li provides an individual income tax deduction of up to $60
monthly for employee commuter transportation costs.
5Nft provides a corporate income tax deduction for deduction
providing commuter transportation benefits, equal to the federal
(now $
}>W" provides employers a tax credit, up 'to $720 per employee
($60 per month) for the cost of providing commuter transportation benefits.
the met.o olitan council development guide to
0 requires uires l✓
include land use policies addressing the needs of transit users.
SgCUQA_D authorizes issuance of 5140 million of bonds. as the state
thatching portion to construct LRT in the central corridor.
S .Njln 11 makes an unspecified appropriation to the Regional Transit
Board to implement the Vision for Transit.
2
Section 12 makes the bonding uthorization effective the day after $ y r final
enactment.
MNO :pa
Enclosure: SC2035 -1
3
House - ?age 3
January 1L, 1993
Recreational Vehicle Combinations - ODeration Nishout ?e;mit
'r..F.NO 4 6- Introduced by K.01son x(Sherburn) Nelson x(Sebeka) c.01son x.
(Fosston) Winter x(Fulda) Hugoson *(Granada)
Committee on Transportation & Public Transit
Amends Minnesota Statutes 1992, Sections 169.01, by adding a subdivi-
sion; and 169.81, by adding a subdivision, relating to highway opera-
tion of motor vehicle combinat ions. Authorizes operation of certain
recreational vehicle Combinations without permit, where the combina-
tion does not exceed three vehicles and 60 feat in length, the opera-
tor is a6 adult, all connect ions are properly made, B-nd certain other
conditions are met.
Mortgages - Recordin Satisfactions, Foreclosure Sales
H -F - No. 4 7- Introduced by Dawkins x(St. Paul) ?ugh x(South St. ?awl)
Macklin * (Lakeville) Skorlund x(Mp1s)
Committee on Jud
Amends `un.'iesota Statutes 1992, Sections 507. 50 Svbd_
580.07; and 60 9.5311, Subd. 3, relating to Mort merger recording and
foreclosures. Removes requirement that a corporate -
p er c, chance
needs to be stated in t`•i acknowledr ,eat of t :e ir_s= ^_snt to be -?-
corded. Requires separate recording of request or o`' ore^' , -_
sure, except that it ma :. incorporated into a r^ec ^.n: ^'s - _en s- . at_
inert. Clarifies fcreclo2ure postponement procedures. ^rIm -=!_
forfeiture of real proper by a mood faith purchaser
ledge of, or consen to, -he act Or oni3sior- on wh'.^-•"
is based. -'
- Sate Aids TO ^;ties - Ca ' Dst�_'c1 0,
H.c.No. 4 8- Introduced by Ostrom x Peter) ia cob3 x(oo:: 1 ?P ) ;codnc
* (Moo rhead) l.r. ncerso^
Committee on Taxes
A mends Mi nnesota Statutes 1 992, Sect ions 2 73• ; 398, adds ? suc :.-
visior.; 4 i
', Subd. .a, 20, and adds subdivisic:•s: 477A.0 o:•
addin.; subdivisions-, ar_d 477A.0' , Subd. 11 : and reoea'.s Sect or.s
477A.011, Subd. 1b, 3a, 15, 16, 17, 13, %2, 23, 25, and 26: and
477A.013, Subd. 2 3, and 5, relating to local govern ens aids. Pro-
vides that the amount of disparity reduction aid payable to z cit_r in
calendar year 1994 and thereafter is zero, and that '_ocal tax rates
may not be adjusted for such purposes. Changes def_nition o' city to
exclude larger towns, defines city net levy, and re tf -Lnes city net
tax capacity. Defines percentages of pre -1940 housin; ;, po?u:ation de-
cline, and commercial industrial property for deterz_:�ing c::tf revenue
need. Sets city aid increases and limits.
Child Abandonment A Felony
H.F.No. 4 9- Introduced by Blatz * (Bloomington)
Committee on Judiciary
Amends Minnesota Statutes 1992, Section 609.38, relating to sentencing
Makes abandonment of a child under age 10 for 24 hou:^s or more a
felony, punishable by up to five years imprisonment and fire of uD to
$ 10 ,000, and allows court to stay imposition of sentence.
Local
Government Aid and HACA are extremely tmUOr••tdnL• to Lne
fiscal stability of cities to the NMA, with this in mind, the
NMA has developed the to 1 I ow t nq on nci p i es wt tr, wrti cn tc and { vze
the State - aid program: First, the main Priority 1s L4 protect the
Integrity of the source of munlcinal atcS wn1Ch is the Locai
Government Trust Fund: Second. any new for i a for :.r,e Lcca I
Government Aid ( LGA) component should t.aKe I'-t.o crounL OGLn
wealth and need; and Thi rd, the tota I etfec;. )t br>t^: LGA ano HACA
must be considered when reviewing any incivtat:a I a,c. Wt tr►
these principles in mind, the ,NMA support t,hr ridw tor 1 _�t ;tut
Borth by the League of Minnesota Coles.
Post -tt" brand tax transmlttoal memo 7871 0 of v•v•
rM+
o.
DO pt. Ph
Fix 1 f ax
Please join
the North Metro Mayors Association at our
1993 Legislative Reception
Thursday, February 11, 1993 Kelly Inn - Capitol Hall
4:30 p.m. to 6:30 p.m. 161 St. Anthony Street
Hors d'oeuvres and cash bar St. Paul, Minnesota
North Metro Mayors Association
Presentation
5:30 p.m. to 6:00 p.m.
NMMA 1993 Legislative Agenda - Elwyn Tinklenberg, Mayor of Blaine
Transportation Funding Metro Council Redistrictin(2
Fiscal Disparities MCPA Landfill Clean-up
Local Government Aid Coop Northwest
Orfield Legislation
Metropolitan Community Stability Act - Representative Myron Orfield
Housing Welfare Reform
Revenue Tax Base Sharing Development Controls
Transportation Metro Council Reform
Enterprise Zones
Minnesota Solutions - Bonnie Balach, Legislative Coordinator
Job Creation Redevelopment and
State and Federal Housing Pollution Abatement
For more information, please call 493 -5115.
Minnesota solutions
Minnesota Associations and Cities United to Strengthen Communities and Support Families
DRAFT LEGISLATIVE AGENDA
December 4, 1992
JOB CREATION PROPOSALS
Capital equipment sales tax exemption The intention of this exemption (M.S.
297A.25, Subd. 42) is to provide an incentive too open new manufacturing,
fabricating, refining, mining or quarrying operations in the state or to expand
existing operations. Minneosta Solutions proposes that the exemption be simplified,
clarified, and broadened in order to make it more effective as an incentive to job
growth in Minnesota.
1) The exemption should be a true exemption, rather than the current process which
provides for a refund upon request.
2) The definition of capital equipment for purposes of the exemption should
include:
a. equipmen required for pollution control or abatement;
b. updating existing equipment with more efficient and productive machinery;
C. computer equipment that produces an intangible product or service.
3) The exemption should be allowd on machinery and equipment purchased by a
contractor or their party and then tranferred to the ultimate user.
4) The exemption should be allowed to users who lease the machinery or equipment
in question.
Manufacturing districts Minnesota Solutions proposes that manufacturing districts
be authorized that meet the following criteria:
1) Be up to 12 years in duration;
2) Be exempt from the HACA /LGA offset in current law (retroactively);
3) Be exempt from the pooling and five -year rule provisions of current law
if located in a project area that meets the criteria of a:
a. urban revitalization action program neighborhood provided the area
does not exceed 50 acres, and does not include the "soft boundary
or 4 block extension permitted by the enabling statutes;
b. renewal or renovation district;
C. redevelopment district; or
d. pollution district.
4) Requires the authority to, at least thirty days prior to the publication
of the notice for public hearing establishing a district, attempt to meet
FOR MORE INFORMATION CALL: BONNIE BALACH. MINNESOTA SOLUTIONS (218) 722 -0861
with the county commissioner within whose district the TIF district
located to discuss the plan and obtain input; 40
5) Otherwise meets the criteria in current law for an economic development
district.
STATE HOUSING PROPOSALS
Neighborhood Preservation Fund The program would assist cities throughout the State
by providing gap funding for:
i) Acquisition and removal of blighted buildings;
2) rehabilitating residential and commercial properties; and
3) addressing infrastructure needs.
Activities would need to address either blight or benefit residents at 80 percent
of median income, or less, and a local match would be required.
If several MHFA programs are collapsed into one, care should be taker. that funds be
distributed in the same proportion as the current programs were designed to serve.
There was also concern that small cities have a difficult time taking advantage of
some of the MHFA programs that are available. To facilitate use of MHFA programs
by smaller cities, the MHFA Capacity Building Grants Program should be tied to the
Neighborhood Preservation Fund in order to provide a source of funding for
administration costs.
Minnesota Solutions does not endorse any effort to collapse the Housing Trust F
into the Neighborhood Preservation Fund. 0
In order to be effective and meet the diverse reeds of communities throughout the
state, the program should afford cities maximum flexibility.
The funding for this program would be supported by collapsing $22 -$23 million
biannual funding for currently funded MHFA programs into this one fund and augmenting
the.;, with one or more of the following sources:
1) Real estate transaction Tax;
2) general fund appropriation; or
3) a regional, non- property tax, non -sales tax.
Affordable housing /human services Minnesota Solutions supports programs that
encourage providers of housing and providers of human services to work together.
Where legislation is directed to assist low income persons and children in poverty,
legislators must recognize the linkage between housing and human services, jobs and
training, health care and transportation. When the legislature considers low income
programs, it should treat these activities in a comprehensive manner.
Tax increment financing The Minnesota Solutions proposal for housing districts
calls for:
1) Shortening the durational limits for districts from 25 to 20 years,
Provided the authority has the option of choosing the date to receive
first full increment; 10
2) Housing Districts are exempt from pooling restrictions provided that
pooling is only between and among housing districts;
3) Removal of the LGA /HACA offset (retroactively) ;
4) Calculation of increment should be done on a parcel by parcel basis and
not by a district average;
5) Full increment is defined as the increment collected from the market
value of the improvements determined by the assessor that approximate the
market value7 identified in the plan, development agreement, or assessment
agreement;
6) The interest rate reduction program should be authorized for a maximum
of 15 years. The 15 year term coincides with federal housing
requirements for 15 years of housing affordability;
7) At least thirty days prior to the publication of the notice for public
hearing establishing a district, the authority must attempt to meet with
the county commissioner within whose district the TIF district is
located. The purpose of the meeting is to discuss the TIF plan and
obtain input.
i
FEDERAL HOUSING PROPOSALS
Minn esota Solutions supports the following changes in federal
legislation :
i) The authority use of tax - exempt bonds for economic revitalization finance
loans.
2) The permanent extension of Municipal Mortgage Revenue Bonds and Low
_rcome Housing Tax Credits.
3) Passive loss provisions which allows losses from real estate rental
activities where a taxpayer materially participates to offset any kind
of income provided the rental property is up to state and local codes.
The losses a person could claim for tax purposes would be based on the
affordability of the rental units.
4) Increased funding for the Community Development Block Grant program at
a $6 billion dollar funding level.
5) Funding increases for HOME at a minimum of $2 billion annually and also
supports the program changes contained in the House Reauthorization Bill:
a. A 20 percent uniform match but allows the full face value of public
debt contributed to a HOME project to count as a match;
b. A waiver of the match requirement for local jurisdictions
experiencing economic distress;
C. Ten percent of HOME allocations may be used for administrative
costs;
d. Adequate funding from CHDO set aside to provide capacity building
and technical assistance for new CHDO's; and
e. Tax credit rent and income targeting rules apply where HOME and
Housing Tax Credit are combined.
6) The repeal of HUD's FHA rule limiting the amount of closing costs that
can be financed under the FHA single family program.
7 mo limit to the lesser of 95%
An increase in the FHA single family
g Y
or the area median purchase price or 75% of the Freddie MAC limits.
8) Amendments to current tax law to allow private owners of federally
assisted housing tax relief on the non-cash portion of gain realized at
sale if they sell their properties for $1 over the existing mortgage to
entities that commit to long term affordable housing for low income use.
9) A cap on the home mortgage interest deduction for mortgages totalling
$300,000 for all a taxpayer's residences combined with adjustments for
regional price differences.
10) An increase in the maximum home improvement loan under mortgage revenue
bonds from $15,000 to $25,000.
11) Removal of the tax exempt volume cap for rental financing used to acquire
and rehabilitate property older than fifty years.
12) Provisions in the current HUD reauthorization bill which provides
eligible seniors, handicapped, disabled individuals and other eligible
groups better access to appropriate public housing and allows P~.?'s to
designate age distinct housing.
13) Consolidation of HUD administrative services through a "phas
elimination o� - their regional offices. 0
14) Increasing the requirements of the Community Reinvestment Act -- fp-deral
requirement on banks and they are reviewed to ensure that they are making
loans and investing in the communities in which they do business.
15) "Middle- income Housing Revenue Bond Program." Federal legislation would
allow the use of tax - exempt bonds to finance loans for the rehabilitation
of existing housing, with proper limitations and requirements which
include consideration of the age of the housing and the service of low -
income and minority populations.
16) Permanently extend the mortgage revenue bond program and authorize any
unissued allocation remaining as of 12/31/92 be retained and carried
forward by the agency having the allocation.
REDEVELOPMENT PROPOSALS
Tax increment financing The Minnesota Solutions proposal for redevelopment
districts calls for:
1) Shortening the durational limits for districts from 25 to 20 years
provided the authority has the option of choosing the date to receive the
first full increment;
2) An exemption from the pooling and five -year restrictions
redevelopment and renewal and renovation districts located in a proje
area that meets the criteria of a:
a. renewal or renovation district;
b. redevelopment district;
C. pollution district; or
d. urban revitalization action program neighborhood provided the area
does not exceed SO acres, and does not include the "soft" boundary
or 4 block extension permitted by the enabling statute.
3) A redevelopment district can be exempted from the LGA /HACA offset if the
tax capacity has grown for the five years prior to certification at a
rate that is less than that of the local school district in which it is
located;
4) Calculation of increment should be done on a parcel by parcel basis and
not by a district average;
5) Full increment is defined as the increment collected from the market
value of the improvements determined by the assessor that approximate the
market value identified in the plan, development agreement, or assessment
agreement.
5) The information used to document the blight findings must be available
for public review;
7) At least thirty days prior to the publication of the notice for public
:.oaring establishing a district, the authority must attempt to meet wit^
the county commissioner within whose district the TIF district is located
to discuss the plan and obtain input.
POLLUTION ABATEMENT PROPOSALS
Matching errant /loan fund The legislature should:
'_) Authorize the issuance of pollution abatement revenue bonds, the proceed
will be provided to cities to assist in pollution abatement;
2) Authorize the establishment of, or increasing of an existing state wide
tax whose proceeds would be dedicated to paying the costs of the bonds,
and the program;
3) Explore the feasibility of using proceeds of currently established
environmental funds; and
4) Require local governments that receive state funds to repay a portion of
them using a tax levy, special use tax, service charge or impact fee, tax
increment, federal or private funds, special property tax treatments
including clean -up escrow accounts and other sources;
S) Work with the MPCA to make recommendations to expedite the review of
remediation plans and programs by all levels of government.
Condemnation of Polluted Railroad Property The 1991 legislature passed a law giving
housing and redevelopment authorities superior condemnation power when dealing with
Polluted railroad property except for "loading and unloading facilities." Railroads
have thwarted the intention of this legislation by filling rail yards with containers
and trailers. This exception should be removed.
Tax increment financing Minnesota solutions recommends that pollution distri
should be established and that:
1) Pollution districts be exempted from the pooling and five -year
restrictions in current law if located in a project area that meets the
criteria of a:
a. renewal or renovation district;
b. redevelopment district;
C. pollution district; or
d. urban revitalization action program neighborhood provided the area
does not exceed 50 acres, and does not include the "soft" boundary
or 4 block extension permitted by the enabling statute.
2) Pollution districts be exempted from the LGA /HACA offset;
3) Calculation of increment should be done on a parcel by parcel basis and
not by a district average;
4) Full increment is defined as the increment collected from the market
value of the improvements determined by the assessor that approximate the
market value ide_ in the plan, development agreement, or assessment
agreement;
5) Pollution districts be up to 25 years in duration; and
6) Any district ca-n- be, if qualified, redesignated a pollution districu,-
7) At least thirty days prior to the publication of the notice for public
hearing establishing a district, the authority must attempt to meet with
the county commissioner within whose district the TIF district is located
to discuss the -tan and obtain input.
8) Allow tax increments to be used for ten percent match required when Petro
Fund is used for clean -up.
MISCELLANEOUS
Tax Abatement The Association of Minnesota Counties has developed a tax abatement
plan (C -TAP) which is currently moving through the AMC legislative process. This
program would be available to cities and counties; schools could only abate excess
levy referendum or capital improvement levies. The proposal would limit abatement
of taxes to 10 years, wit:: review once every two years by the participating local
governments to determine the effectiveness of the district, and whether the abatement
should continue. There would be no distinction according to type of district.
Cities or countie would - have to use their general obligation debt to "back"
abatements. Polluted property would not eligible for the tax abatement program.
C-TAP would replace tax increment financing.
Preliminary analysis indicates that C -TAP will not be helpful in combatting blight,
providing affordable housing, job creation, or in the area of pollution abatement
and is not a substitute for current redevelopment-economic powers, including
increment financing. However, it would seem to have some limited econ
development uses. 0
Minnesota Solutions urges AMC and other county associations to sit down and discuss
how tax increment financing and C -TAP might be modified to make them effective tools
in the battle against blight in our communities, the provision of affordable housing,
job creation and the development of polluted lands. All of the taxing jurisdictions
will benefit from a successful strategy to deal with these issues and we all have
a responsibility to work together to accomplish these goals.
CITY OF BROOKLYN CENTER council Meeting Date January 25, 1993
Agenda Item Numbc, G'Q 6
REQUEST FOR COUNCIL CONSIDERATION
i
ITEM DESCRIPTION:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE
DEDICATED PUBLIC SERVICE OF DONALD GILBERT AND DENNIS SNOOK
DEPT. APPROVAL:
Sharon Knutson, Deputy Clerk
****At*
MANAGER'S
MANAGER'S REVIEW/RECOIVEMEENDATION:
No comments to supplement this report Comments below /attached
******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SURE\ ARY EXPLANATION: (supplemental sheets attached )
ffo-
Member introduced the following resolution and moved -its
adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE
DEDICATED PUBLIC SERVICE OF DONALD GILBERT
WHEREAS, Donald Gilbert served on the Brooklyn Center Charter
Commission from May 16, 1991, to December 1, 1992; and
WHEREAS, Donald Gilbert has served on ad -hoc committees during his
term; and
WHEREAS, his public service and civic effort for the betterment of
the community merit the gratitude of the citizens of Brooklyn Center; and
WHEREAS, his leadership and expertise has been greatly appreciated
by the Brooklyn Center Charter Commission; and
WHEREAS, it is highly appropriate that his service to the community
should be recognized and expressed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the dedicated public service of Donald Gilbert is hereby
recognized and appreciated by the City of Brooklyn Center.
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
/ob
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE
DEDICATED PUBLIC SERVICE OF DENNIS SNOOK
WHEREAS, Dennis Snook served on the Brooklyn Center Charter
Commission from January 25, 1989, to December 1, 1992; and
WHEREAS, Dennis Snook has served as the Chair of an ad -hoc committee
during his term; and
WHEREAS, his public service and civic effort for the betterment of
the community merit the gratitude of the citizens of Brooklyn Center; and
WHEREAS, his leadership and expertise has been greatly appreciated
by the Brooklyn Center Charter Commission; and
WHEREAS, it is highly appropriate that his service to the community
should be recognized and expressed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the dedicated public service of Dennis Snook is hereby
recognized and appreciated by the City of Brooklyn Center.
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 January 25. 1993
Agenda Item Number �GnG
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION AUTHORIZING THE PURCHASE OF FOUR (4) POLICE SEDANS
******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
Trevor A. Hampton, Chief of P , ice
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached yes)
The City ouncil has approved the appropriation in the 1 et f r the purchase of four
Y pp 993 bud 4 g o p
police sedans. The specifications for the police sedan include heavy duty components, i.e.,
alternator, transmission, cooling system , suspension, brakes, etc.
A study conducted by the Brooklyn Center Police Department in the fall of 1992 shows that full -
size sedans are better suited for police service than the current front wheel drive models (Chevrolet
Lumina and Ford Taurus). Full -size police sedans are less expensive to purchase and less costly
to operate than the current front wheel drive compact models.
The state of Minnesota conducted a competitive bid process for police sedans for use by the State
Patrol. The bid for 1992 and 1993 was awarded to Superior Ford in Plymouth. Superior Ford
agreed to provide Ford Crown Victoria police sedans to the state at a cost of $12,995 each. The
total cost for four (4) police sedans is $51,980. The Minnesota state contract is number M5179.
RECOMMENDED CITY COUNCIL ACTION
Authorize the purchase of four (4) police sedans under state contract number M5179 for the total
purchase price of $51,980.
Brooklyn Center /Coon Rapids Police Departments
i Vehicle Cost Comparisons
Operating Costs per Mile
Coon Rapids Brooklyn Center Brooklyn Center
1991 Caprice 1991 Taurus 1992 Lumina
Avg. Miles 47,548 Avg. Miles 31,543 Avg. Miles 11,123
Based on 4 Vehicles Based o 2 V e hi c l es Based on 3 Vehicles
Gas per Mile 7.75(, 8.5G 8(,'
Repair per Mile 11.25 25(, 10.3G
Total per Mil 19( 33.5G 18.3
Operating Costs Total
Coon Rapids Brooklyn Center Brooklyn Center
1991 Caprice 1991 Taurus 1992 Lumina
Avg. Miles 47,548 Avg. Miles 31,543 Avg. Miles 11,123
Based on 4 Vehi Ba o 2 V e hi c l es Based on 3 Vehicles
Gas Total $3,659.91 $2,649.09 $885.57
Repair Total $5,326.12 $7,361.92 $1,114.03
Total Oper. Cost $8,986.03 $10,011.01 $1,999.60
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF FOUR (4) POLICE
SEDANS
WHEREAS, an appropriation was approved in the 1993 budget
for the purchase of four (4) police sedans; and
WHEREAS, the Ford Crown Victoria police package meets the
specification for police service as determined by the State of
Minnesota; and
WHEREAS, the State of Minnesota bid for police sedans has
been awarded under contract number M5179 to Superior Ford, 9700
56th Avenue North, Plymouth, MN, 55422, for the bid price of
$12,995.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center that the Mayor and City Manager are hereby
authorize the purchase of four (4) police sedans from Superior Ford
at a cost of $51,980.
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 ia519 /
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION SUPPORTING ENABLING LEGISLATION ALLOWING MUNICIPALITIES TO ESTABLISH
TRANSPORTATION UTILITIES
************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
Sy Knapp, Direct r of Pu lic Works n
MANAGER'S REVIEWlRECONEMENDATION: � F
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached Yes
• On April 8, 1991 and on April 13,1992 the City Council adopted Resolution No's.
91 -114 and 92 -87 respectively, supporting legislation which would authorize
cities to establish "Transportation Utilities ". Copies of those resolutions are
attached.
The following statement, taken from an article in the November, 1992 Minnesota
Cities newsletter, summarizes the need for consideration of a transportation
utility:
The policy for the state of Minnesota is quite clear —users pay the costs of
the transportation system. Financing for the state's highways, county
roads, and municipal state aid streets is generated by revenues from "user
fees" such as as taxes and registration fees. Unlike this funding g g g,
is no "user fee" available to fund local city streets. Years of cuts in
state aid, limits on property tax levies, bonded debt caps, and legal
restrictions on the use of special assessments have left many cities
without the means to adequately maintain and reconstruct local streets.
The use of user fees for utilities and infrastructure is a basis for cities
to be given authority to implement a transportation utility fee.
Like all infrastructure, streets have a finite "life" which is dependent on
adequate and timely maintenance, weather conditions, traffic, etc. With
the exception of a few newly developing suburbs, cities in Minnesota have
many streets which are at least 50 years old. A lack of funding often
delays timely maintenance and repair, which can result in the need for
• total street replacement. Having funds available to repair streets while
they are still in relatively good condition, rather than totally replacing
them after they have "failed," is a logical way to keep street maintenance
costs under control.
Attached hereto are the following items:
• Building Blocks of a Transportation Utilit Fee (as presented to the House
Transportation Committee on 2/19/92 by representatives of the League of
Minnesota Municipalities and the City Engineers' Association).
• City of Brooklyn Center's Support For the Concept of a Transportation
Utility (as presented to the House Transportation Committee on 2/19/92 by
Sy Knapp).
• Transportation Utility Fee —A Funding Alternative For Maintenance and
Reconstruction of City Streets (as printed in Minnesota Cities, November
1992 issue)
• Elements Of A Transportation Utility (an 11/92 draft copy of a presentation
prepared by the LMC, AMM and CEAM).
RECOMMENDED CITY COUNCIL ACTION
Because this matter will again be considered by the 1993 legislature, it is
recommended that the City Council adopt a new resolution in support of such
legislation. The attached resolution follows the draft format suggested by the
LMC, AMM and CEAM, modified to allow the use of Transportation Utility funds to
facilitate the use of mass transit facilities for local transportation (similar
is language was included in Resolution No. 92 -87).
•
Member introduced the following resolution and
moved its adoption:
RESOLUTION N0.
RESOLUTION SUPPORTING ENABLING LEGISLATION ALLOWING MUNICIPALITIES TO
! ESTABLISH TRANSPORTATION UTILITIES
WHEREAS, streets under the jurisdiction of Minnesota cities comprise
an integral and necessary component of the overall State transportation
system; and
WHEREAS, cities of Minnesota are experiencing large scale
deterioration of their local street systems; and
WHEREAS, funding provided from the State gasoline tax in the form of
the Municipal State Aid Street system is applicable to no more than 20 percent
of any city's local street system; and
WHEREAS, recent court rulings pertaining to special assessment laws
have found limited benefit accrues to affected properties when a deteriorated
street is reconstructed, resulting in a significant reduction in special
assessment levies; and
WHEREAS, property taxes at the rates typically being levied do not
take into consideration the need to rehabilitate and /or reconstruct city
streets or to improve mass transit facilities which serve local transportation
needs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. Funding street reconstruction and rehabilitation on a user fee
basis is consistent with the State's user fee funding philosophy
for sanitary sewer, storm sewer, and watermain facilities and
other transportation improvements utilizing gasoline taxes.
2. Funding provided by a transportation utility based on a user fee
concept will result in a stable, long term funding source to
finance street reconstruction and rehabilitation and mass transit
facilities serving local transportation needs.
3. The City urges members of the House of Representatives and the
Senate to support and adopt legislation that will allow cities to
establish transportation utilities as a source of funding for the
maintenance and improvement of the cities' local street systems,
and mass transit facilities serving local transportation needs.
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.
Member
Celia Scott introduced the following resolution and
moved its adoption:
RESOLUTION NO. 91 -114
RESOLUTION SUPPORTING LEGISLATION TO AUTHORIZE ESTABLISHMENT
OF TRANSPORTATION UTILITIES
WHEREAS, currently proposed legislation (H.F. 723/S.F. 598) includes
provisions to authorize cities to establish "Transportation Utilities "; and
WHEREAS, it is the opinion of the Brooklyn Center City Council that
this proposal is a fair and viable response to the need to provide adequate
funding opportunities for the operation, maintenance and improvement of a
city's transportation system; and
WHEREAS, the proposed legislation allows each City to elect whether
or not to adopt a transportation utility to serve as a funding source for its
transportation system.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that the Council hereby supports those portions of
the proposed legislation (H.F. 723/S.F. 598) which would authorize the
establishment of Transportation Utilities.
April 8, 1991
Date Todd Paulson, Mayor
ATTEST:
Deputy Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member Dave Rosene , and upon vote being taken thereon, the
following voted in favor thereof:
Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
Member Philip Cohen introduced the following resolution.
and moved its adoption;
RESOLUTION NO. 92 -87
RESOLUTION SUPPORTING LEGISLATION TO AUTHORIZE CITIES To ESTABLISH
A TRANSPORTATION UTILITY
WHEREAS, the Minnesota legislature is considering legislation
which would authorize cities to create "Transportation Utilities "; and
WHEREAS, the League of Minnesota Cities (LMC) and the City
Engineers Association of Minnesota (CEA.M) have prepared and submitted concept
guidelines and information to the legislature in support of such legislation;
and
WHEREAS, it is the opinion of the Brooklyn Center City Council
that this City will be unable to meet its needs for reconstruction of local
streets unless a new funding source is made available; and
WHEREAS, it is the opinion of the Brooklyn Center City Council
that improvements must also be made to mass transit systems which will
facilitate the use of mass transit facilities for local transportat and
that it would be proper to support such improvements with funding from a
transit utility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. this City endorses and supports proposed legislation which would
authorize cities to establish transportation utilities.
2. this City supports the concept and guidelines for establishment of
Transportation Utilities as developed and presented by the LMC and
the CEAM.
3, this City recommends that legislation which would authorize cities
to establish Transportation Utilities include authorization to
Utilize funds from that source for improvements to the mass
transit system which are of direct benefit to city residents.
April 13, 1
Date Todd Paulson, Mayor
ATTEST: ' pick
Depu�y :.lerk
RESOLUTION NO. 92-87
The mo t i o
.. n for the adoption 10
n of the foregoing P f r b oing resolution was duly seconded by
on vote
member Dave Rosene and upon being taken thereon, the Lo1loc.ing
voted in favor thereof:
Todd Paulson, Dave Rosene, and Philip Cohen;
and the following voted against the same: none,
whereupon said rasolution was, declared duly passed and adopted,
a
Building Blocks of a Transportation Utility Fee:
Po h'
PRESENTATION TO THE HOUSE TRANSPORTATION COMMITTEE
BY: SARAH HACKETT - LMC and BRUCE BULLERT - CEAM
02/19/92
I. Unmet local transportation system needs
II. A user fee for local transportation
III. Master plan requirement
IV. Allowable expenditures for utility revenues
V. Categories of land use
VI. Trip generation data
Authority for the Transportation Utility is endorsed by:.
League of Minnesota Cities
Minnesota Association of Small Cities
Association of Metropolitan Municipalities
City Engineer's Association of Minnesota
Minnesota Public Works Association
Transportation Study Board Report
I. Unmet local transportation system needs
City streets in Minnesota cities are nearing the end of their useful "lives." The local street
systems have grown tremendously and urban growth, in the metro area and in Greater
Minnesota, will continue to need additional financing for city streets. Financing options are
very limited. Use of "traffic generation data" is a practical and feasible measure of the use
of city street systems. The transportation utility fee is the appropriate alternative.
* The cumulative effect of three years of state aid cuts (LGA, HACA, equalization aid) has
severely limited cities' abilities to plan for and administer long -range maintenance of their
local streets and roads. Nearly $100 million has been cut during 1989, 1990, and 1991. Cities
need a dedicated, stable, long -term revenue source.
* The state - imposed levy limits have sharply restricted the ability of cities to use the general
tax levy, thus limiting the ability of cities to address the infrastructure needs of their
transportation system.
* The ability of cities to use special assessments is very limited. The Minnesota Supreme
Court has upheld challenges to the use of special assessments and the need to show "proof
of benefit" to the affected properties through an equal increase in the value of the property.
In addition, it is only possible to assess charges on the properties abutting the project even
when the value of the improvement accrues to the entire community. Special assessments as
a share of total city revenue, have been shrinking -- in 1981, they represented 12.1 percent,
compared to 7.9 percent in 1990. Special assessments have had an annual compounded
growth rate of only 1.4 percent.
* Local transportation systems receive limited state - collected revenues targeted for local
transportation Cities under 5,000 receive no direct state funding for their local streets.
Cities over 5,000 receive Municipal State Aid (MSA) for a maximum of 20 percent of their
local streets. There are nearly 16,000 miles of city streets.
* Inadequate financing is common to all cities regardless of size or location. Cities across
the state face problems in financing the reconstruction and repair of their transportation
systems -- old and new cities, large and small, metro area and Greater Minnesota.
* Streets do have a finite "life," which is dependant on adequate and timely maintenance,
weather conditions, traffic, etc. With the exception of a few newly developing suburbs, cities
in Minnesota have many streets which are at least 50 years old.
* Shortages of adequate revenues result in delays of timely maintenance and repair, resulting
in the need instead for total street replacement and therefore higher costs. Repairing
pavements while they are still in relatively good condition rather than totally replacing them
after they have "failed" is essential to keep street maintenance costs under control.
i
2
II. A user fee for local transportation systems
Policy for the state of Minnesota is quite clear in practice -- users pay the costs of the
transportation system. Financing for the state's highways is generated by revenues from gas
taxes and registration fees. The concept is extended to cities with the authorization of a
transportation utility fee
Under a transportation utility, the "users" of local transportation systems would pay fees based
on the amount of traffic generated by their property. They would, as users of the local
system, pay for the "costs of service" as they do for other municipal utilities. The
transportation utility is not a tax. The fees are not determined on an ad valorem basis, the
market value or tax capacity are not considered, but rather street system usage.
Operation of a transportation utility fee would be similar to the stormsewer, sewage, or other
utility. It is a charge on city residents for the costs of specific transportation costs based on
use of city streets -- the amount of traffic generated. Monthly or quarterly fees would be
charged on city utility billings, along with sewer, water, stormsewer, and other utilities.
The storm sewer and sanitary sewer utilities have set the precedent for such authority. Both
of these utilities operate without precise metering or without a direct association with
property value.
Cities would each be responsible for holding public hearings for input and discussion of the
proposed utility fee, and then adoption by local ordinance.
The transportation utility fee, like other utilities, would be equitable -- all properties benefit
from an adequate local transportation system. Therefore, all developed properties within the
city, including public institutions, would be charged a transportation utility fee. No fee,
however, would be charged to vacant land. Also, the utility fee would be applied across the
entire city.
The fee amounts would vary by city, depending on the revenues needed from the fee. A
state -wide standard of land uses and criteria would be established.
Revenues from a transportation utility would be dedicated to be used only for qualified
maintenance and reconstruction according to the cities' master plan. No revenues collected
through this utility could be used for general fund purposes.
3
The concept of transportation as a "utility," and an appropriate user fee, has been accepted
by other states:
Under Oregon law, cities are authorized to finance local transportation needs through a utility
fee. The city of Medford uses a "system development charge" on new developments and a
street utility for the costs of reconstruction and maintenance of city streets. Both charges are
based on the concept of traffic generation and data from the ITE (Institute of Traffic
Engineers) manual. Initial billings were sent in February/March.
In addition, the city of Tuwalatin, Oregon has passed an ordinance in August, 1990, and now
bills property owners a monthly "road utility fee."
The Florida Constitution and state law authorize cities such as Port Orange to collect user
fees and create a "transportation utility fund" for operating, maintaining, and improving their
local road system. The local ordinance is effective on December, 1991.
And, the city of Orlando, Florida expects to implement a transportation utility fee this year.
The fee is based on the estimated number of trips generated (as determined by the Institute
of Transportation Engineers) and on actual transit ridership.
In 1989, the Colorado Supreme Court upheld the authority for the city of Fort Collins to
collect a transportation utility fee. The ruling overruled the assertion that the fee was actually
a tax which did not conform to the uniform taxation requirements of the Colorado
Constitution. Instead of using this authority at this time, Fort Collins is continuing to use the
one - quarter cent sales tax they are allowed to impose for transportation purposes.
The city council of Soap Lake, Washington has passed an ordinance which creates and
implements a street utility. The council is appointed as the governing board of the utility and
is authorized to use the utility revenues to "own, construct, maintain, operate, and preserve
all city streets and related facilities." The state's 1990 Transportation Funding Act authorized
this local financing option, and many other cities are expected to use this authority in the near
future.
In 1988, the Idaho Supreme Court struck down a fee in Pocatello because its design was
deemed to be too similar to a tax, rather than a fee.
4
III. Master plan requirement
Cities would be required to have prepared a "master plan" to be eligible to use the
transportation utility Expenditures of transportation utility revenues would be limited to the
activities and projects listed in a "master plan" (see IV.) A capital improvement plan, public
facilities plan, or comparable information and planning including a multiple -year (3 to 5
years) program for operational, maintenance, and reconstruction expenditures would qualify
as a "master plan." This prerequisite would require cities to publicly plan future maintenance
and reconstruction projects. Descriptions of these activities would include information on the
funding for the projects (transportation utility fees, special assessments, bonded debt, general
property tax levy).
Additional information on the administration and operation of the transportation utility:
* Legislation authorizing the transportation utility would be enabling only. City councils will
each need to individually determine and authorize use of this financing tool. City councils
will need to hold hearings to consider their transportation needs, the revenues available to
the city, and the local preferences for financing infrastructure reconstruction and maintenance.
City councils would be required to adopt an ordinance or resolution to implement the
transportation utility.
* Taxpayers would be provided full legal recourse for appeal of the transportation utility fee
The process would begin with an administrative appeal to the city, with the opportunity for
appeal to the city council, and then to the district court.
* The transportation utility fee would be applied to all properties, including properties which
are exempt from the property tax. As a user fee, it would be charged on the monthly or
quarterly statements issued by cities for other utilities -- water, sewer, stormsewer, etc.
Vacant property would not be charged until the property receives billings for other utility
services.
5
IV.
Master Plan Activities /Expenditures
Eligible for Transportation Utility Funding
Reconstruction:
paving grading curb and gutter
bridge repair overlays drainage structures
base work subgrade correction boulevard restoration
Facility Upgrade:
traffic signals turn lanes medians
street approaches alleys right of way
sidewalks retaining walls fence installation
additional traffic lanes
Maintenance (nonelective):
striping seal coating crack sealing
sidewalk maintenance signal /street light maintenance
signage (eg. informational, warning, regulatory)
-------------------------------------------------------------------------------------------------------------------------------
Master Plan Activities /Expenditures
NOT Eligible for Transportation Utility Funding
New Construction
Elective Improvements:
shelters benches landscaping
midblock lighting decorative lighting bikepaths
incidental signage incidental street sweeping
Basic Services:
snow and ice removal street sweeping
street patching intersection lighting
* A "master plan, " a multiple year (3 to S years) program of operational, maintenance, and
reconstruction expenditures, would be required in order to adopt and implement the transportation
utility.
6
i
V. Categories of land use
Although the 5th edition of the ITE (Institute of Traffic Engineers) manual lists over 100
categories of land use, private consulting traffic engineers have indicated that the list can be
reduced to reflect general land use evident in Minnesota cities. The following list reflects the
general categories of land use. These general categories could be included in state statute
authorizing the transportation utility. In cities where special land uses exist, or are developed,
(amusement parks, Mall of Americas, resorts, abbeys, museums, etc.) it may be necessary to
further subcategorize these land use categories. A committee of traffic engineering experts
could be used to annually review these issues and to update the statewide categories
according to new land uses and as new editions of the ITE manual are issued.
Definitions and explanations for categories of use:
1. TERMINAL
a. Airport - a facility used for commercial air traffic and passengers. Could have two
ranges to differentiate between major commercial airports such as Rochester and Duluth and
the Twin Cities, vs. other smaller regional airports.
b. Truck terminals - a facility where goods are transferred between trucks, trucks and
railroads, or trucks and ports. Includes all maintenance and office facilities and all land used
by a commercial transportation company. A bus terminal includes alf passenger loading
and /or maintenance and storage area used by a commercial bus company.
2. INDUSTRIAL
a. Industrial - manufacturing - a manufacturer of products.
b. Warehousing - a structure or room primarily devoted to the storage of merchandise
or commodities. Includes many warehouses open for public storage, utility storage such as
power and light, natural gas, or public utility companies and office warehouses with offices
accounting for less than 20% of total buildings.
3. RESIDENTIAL
a. Single family - detached residence - a free - standing single family home, including
manufactured homes which are not included in a mobile home park.
b. Multiple family residence - a building that is divided into more than one dwelling
unit for the purpose of renting or single family residence (such as condominiums). Mobile
homes in parks are included in this category.
7
c. multiple family -
p y senior residence - a facility that will be 85% occupied by persons
55 years of age or older, and which contain residential units similar to apartments or
condominiums.
4. LODGING
a. Hotel -motel - a lodging facility providing sleeping accommodations as a primary
purpose, but may include restaurants, cocktail lounges, meeting and banquet rooms or
convention facilities, and service shops.
5. RECREATIONAL
a. Park - a publicly owned parcel of land kept for ornament and recreation, or an area
maintained in its natural state intended for public use.
b. Golf course - establishments engaged in the operation of golf courses. Sites may
also include driving ranges and club houses with proshops, restaurants, lounges, banquet
facilities, and swimming pools.
c. Commercial park arena racetrack theater, or marina
Note: These five uses have trip generations which are significantly different from parks as
defined in 5a. Additional discussion would be needed to develop practical categories.
6. INSTITUTIONAL
a. School - no student drivers - includes kindergarten, elementary, middle school, or
junior high school with no student drivers. Also includes day care and nursery schools with
a minimum capacity of 10 "students."
b. School - student drivers - includes schools with the majority of students of legal
driving age, such as high schools, junior colleges, colleges, universities, and professional
schools.
c. Church and fraternal - a building occupied by organizations that meet requirements
of the Internal Revenue Service for charitable non - profit income status and that are not
included in any other defined category.
d. Cemetery - a place for burying the dead, including accessory buildings used for
funerals, mausoleums, incrimatories.
8
7. MEDICAL
a. Hospital - an institution where medical or surgical care is given to non - ambulatory
patients and overnight accommodations are provided. The term "hospital" does not refer to
medical clinics that provide diagnosis and outpatient care only (see Offices) or to nursing
homes themselves (see Convalescent hospital).
b. Convalescent hospital - facilities devoted to long -term care of persons who are
unable to care for themselves. This type of facility is characterized by residents who do little
or no driving.
8. OFFICE
a. General office - a building primarily providing space for general offices and services.
Size definition would relate to different trip generation rates. May include up to 15% of
space for retail, services, or common area. Would require at least five subcategories.
b. Government - a special category which may be set up to reflect the high public use
of some government offices, such as post offices, central government facilities with courts or
services related to issuing permits and licenses. This category would require further
discussion to develop size categories.
c. Medical - dental - facilities containing medical or dental offices and services.
9. RETAIL - COMMERCIAL
a. General retail - establishments engaged primarily in the sale of tangible products.
Includes shopping centers, supermarkets, discount stores, restaurants, free standing retail
businesses, banks, and automobile sales facilities (except those specifically included in the
next category). Would require at least five subcategories.
b. Special category for businesses - this category includes specific retail businesses that
have high trip generation rates and higher than average bypass trip percentages. It includes
fast food restaurants with drive - through windows, convenience stores with or without gas
pumps, or service stations with convenience markets.
* * It is true that there is some concern over the ability to lump dissimilar retail
establishments together and to provide a generalized trip generation rate. However, the
sheer magnitude of attempting to define a specific type of business and categorize it with a
trip rate based on limited study data, is likely to make this somewhat arbitrary classification,
but it would be generally fair and the most practical and efficient choice.
9
VI. Trip generation data
Traffic generation data is currently used to determine necessary street widths, traffic signal
needs, road access requirements, and to design parking facilities. This data has been
nationally accepted as a valid technique to estimate traffic from existing and proposed
developments. The primary source for this information is a manual prepared by the Institute
of Traffic Engineers (ITE). Actual studies of local traffic are used to determine these
statistics. Traffic is measured both mechanically (drive -over traffic counters) and manually
(visual counts).
A committee of traffic engineering experts (North Central Chapter of ITE covers Minnesota)
could be responsible for establishing trip generation data, including ranges of trips by land
use category. When grouping land uses by categories, properties of similar size and type
would be grouped together, but could generate somewhat different amounts of traffic.
Creation of ranges of the amount of traffic generated could address this issue. If used, ranges
would need periodic review and updating to include new traffic studies and survey data.
The ITE manual also includes information concerning several "reduction factors" that can be
used when analyzing traffic generation. These factors could be used to adjust the ranges of
trips generated by land uses in order to more accurately assess actual "use" of the local street
system. The following factors could be used:
Pass -by trip - this trip comes directly from the traffic stream. The trip passes by, and stops, i
at one site on the way to the primary purpose of the trip. The trip is not rerouted or changed
to accommodate this stop. (example: a stop at a gas station on the way to or from a work
site)
Diverted link - multiple destinations are included on this trip to its primary destination for
separate stop(s). Several different roads might be used to accomplish this total trip.
(example: a trip to the supermarket with side trips to the bank and cleaners)
Off -peak - destinations using streets at off -peak hours are traditionally places of religious
worship. Trips to these locations come during non -rush hour periods and are not perceived
to contribute to the capacity requirements for local streets.
In addition, the following could be used for calculation of an annual credit for the utility fee:
Use of high- occupancy vehicles and /or transit -- cities could be allowed to provide a credit
on the fee for a property -owner /employer who was able to provide a standardized travel
management plan promoting car - pooling, increased use of transit, or other means of
encouraging the use of more economically efficient transportation alternatives, and which
serves to reduce use of the local transportation system.
10
CITY 6301 SHINGLE CREEK PARKWAY
OF BROOKLYN CENTER, MINNESOTA 55430
BROOKLYN
TELEPHONE: 569 -3300
C ENTER FAX: 569 -3494
EMERGENCY - POLICE - FIRE
911
TO: HOUSE TRANSPORTATION COMMITTEE
FROM: SY KNAPP, DIRECTOR OF PUBLIC WORKS
CITY OF BROOKLYN CENTER
DATE: FEBRUARY 19, 1992
RE: CITY OF BROOKLYN CENTER'S SUPPORT FOR
THE CONCEPT OF A TRANSPORTATION UTILITY
I. ABOUT BROOKLYN CENTER
• A first ring suburb - immediately north of Minneapolis
• Almost fully developed
• 1980 population = 31,230
• 1990 population = 28,887 (and falling)
• Area = 8 -1/2 square miles
II. STREETS UNDER CITY JURISDICTION
MSAS System .......... 21 miles
Other local streets ....... 84 miles
Total Street Mileage = 105 miles
(not including trunk highways
or county roads)
h
1%6A1iA*WAp7
3, � Hti4 r' yrL
III. A SUMMARY DESCRIPTION OF BROOKLYN CENTER'S STREETS
• Average Age = 30 years
• No curb and gutter on most residential streets
• Increasing maintenance costs ........$650,000 /year
(this does not include street sweeping, snowplowing, etc.)
• Continuing deterioration
• "Unkempt appearance.... causes the neighborhood image to suffer... and
property values to decline" (Maxfield Report)
IV. CURRENT SOURCES OF FUNDING FOR STREET IMPROVEMENTS
MSAS Streets........... MSA Funds (1992) = $810,000 /year
- p lus: Special Assessments
Local Streets.......... Special Assessments and other
City funds (no state or federal
funds ... see details in Section VIII)
V. CITY INDEBTEDNESS
Following is a summary of the City's current indebtedness, as summarized in a
June, 1991 report by Springsted Inc., the City's Public Finance Advisors:
• General Obligation Debt, subject to the
limits prescribed by M.S. Chapter 475 .............. $ 610,000
(This is less than 3% of the $20,910,000
limit prescribed by the statute).
• Special Assessment Bonds ............................ $ 530,000
• Municipal State Aid Street Bonds .................... $ 3,000,000
• Tax Increment Bonds .. ............................... - $11,775,000
The City of Brooklyn Center is currently rated A -1 by Moody's Investors Service
Inc. of New York.
i
. VI. CURRENT POLICY FOR RESIDENTIAL STREET IMPROVEMENTS
• Initiated by petition
• Costs: Special Assessment (1992) = $1455 per residential unit
(On average, this would recover 25 to 35% of roadway improvement
costs. However, there are many situations where this will cover less
than 20 %.)
• Under this policy, since 1985 - only residential street improvement
ro ects have Y P
p � a e been:
• initiated by petition
• approved by City Council, and
• completed.
VII. RESIDENTIAL STREET IMPROVEMENT COSTS
Type 1 = $200,000 /mile
(Install concrete curb and gutter, and bituminous overlay)
T =
e II
YP $00,000 mile
(Install concrete curb and gutter, w /grade adjustments and subgrade
repairs and bituminous overlay)
Type III = $500,000 /mile
(Complete reconstruction)
Estimated Total Costs For Reconstruction and Facility Upgrades On
81 Miles Of Local Streets Only ......................... ............................... $25 TO 30 MILLION
These improvements need to be accomplished during the next 20 years.
VIII. POSSIBLE FINANCING OPTIONS FOR LOCAL STREET IMPROVEMENTS
(i.e. - for reconstruction and facility upgrades)
Special Assessments Must prove benefit (increase in market value).
General Obligation Bonds Can only be used if at least 20 of costs are
Under M.S. Chapter 429 specially assessed.
Infrastructure Replacement On paper, these funds are flexible, but subject
Reserve Fund to levy limitations.
Storm Drainage Utility Funds Can only be used to pay costs relating to storm
drainage and /or water quality improvements,
which are related to street improvements.
CDBG Funds Possible (very limited) use to provide relief
from special assessments for low - income
residents.
Transportation Utility Funds Can provide cities the option to "pay -as- you -go"
ro osed
(P p ) with user charges.
Note In Brooklyn Center we now use ad
valorem funds to cover the costs for "non -
elective maintenance" and for "expected
services ". However, unless a major street
reconstruction program is initiated soon, these _
costs will escalate dramatically... requiring
increased property taxes. If fiends for
reconstruction and facility upgrades can be
made available through a Transportation
Utility, our City's ad valorem taxes for
transportation services can be stabilized.
Without that opportunity, the City must choose
between increased property taxes and rapidly a
deteriorated street system.
IX. CITY SUPPORT FOR TRANSPORTATION UTILITY CONCEPT
• See attached Resolution No. 91 -114 as adopted on April 8, 1991.
• City Manager has authorized and directed me to attend this hearing in
support of the proposal.
I believe it is fair to say that the proposed transportation utility represents the
most viable and responsible way that we are aware of to make it possible for our
City to meet those needs which we are not now able to meet.
Thank you for providing us this opportunity to present this information.
Sy Knap
DRAFT 11/92
ELEMENTS OF A TRANSPORTATION UTILITY
AS PREPARED BY LMC, AM and CEAM
Definitions. For the purposes of this section, the term "municipality" means a home rule charter
or statutory city. The term "governing body" means the city council.
Authorization. Authority for a municipality to impose a transportation utility fee is enabling
only. No municipality is required to use the fee. Only municipalities which follow the
procedures for adoption may impose the fee.
Procedures for adoption. The governing body of a municipality may impose a transportation
utility fee coterminous with its territorial limits, by ordinance adopted by a two - thirds vote of all
its members. No such fee shall be adopted until after a public hearing has been held on the
question. A notice of the time, place, and purpose of the hearing shall be published for two
successive weeks in the official newspaper of the municipality (or in a qualified newspaper of
general circulation in the municipality, and the last notice be at least seven days prior to the day
of the hearing. The ordinance, when adopted, shall be filed with the county auditor and county
recorder.
Collection. An ordinance adopted under this authority shall provide for collection of the
transportation utility fee on a monthly, quarterly, or other basis as the municipality determines.
The municipality may use regular utility billings, for such services as water, sewer or
stormsewer, to implement the transportation utility charges. A municipality may provide for
certifying unpaid transportation utility fees to the county auditor against the property on which
the fee is imposed for collection.
The fee may be collected from all properties within the municipality. Properties which are
exempt from property taxes still be subject to the fee.
Master plan requirement. A municipality shall be allowed to use the transportation utility
only after preparation and adoption of a "master plan. " A capital improvement plan (CIP),
public facilities plan, or comparable information and planning document providing a five year
program will qualify. The plan shall include information on proposed reconstruction, facility
upgrade, and maintenance expenditures. The plan must include information on the proposed
funding sources for all projects.
The governing body of a municipality may, by resolution of its members, adopt or revise the
master plan. The plan shall be annually updated to reflect a five year planning program. No
transportation utility fee be authorized without adoption of a master plan. A notice of the time,
lace and purpose of the hearing to ado h
place, t the master plan shall be published for
two successive
� P rP ed o
g
P P P
i
weeks in the official newspaper of the municipality, or in a qualified newspaper of general '
circulation in the municipality, and the last notice be at least seven days prior to the day of the
hearing.
Use of fee proceeds. The proceeds of all transportation utility fees must be placed in a separate
fund and only used for the following eligible purposes which have been specified in the master
plan:
Reconstruction -- paving, grading, curb and gutter, bridge repair, overlays, drainage structures,
base work, subgrade correction and boulevard restoration.
Facility upgrade -- traffic signals, turn lanes, medians, street approaches, alleys, rights of way,
sidewalks, retaining walls, fence installation, additional traffic lanes.
Maintenance -- striping, seal coating, crack sealing, sidewalk maintenance, signal maintenance,
street light maintenance, signage.
The revenues generated by the fee may not be transferred to the general fund of the
municipality.
Trip generation data. Fees will be calculated based on the relationship of the revenues the
municipality proposed to generate and the trip generation rates by type of land use.
Land use categ_o1y Unit Dailv tllp generation range
1. Residential
* single family d.u. 7.5- 12.5
* apartment, townhouse d.u. 4.5-7.5
highrise, mobile home
park, low rise condo
* retirement community, d.u. 2.5 -3.5
congregate care,
recreational home
2. Lodging
* hotel/motel rooms 7.0- 11.0
3. Schools
* elementary students 0.5 - 1.5
* secondary students 1.0-2.0
* college /university students 2.0-3.0
2
Land use category Unit Daily trip generation range
4. Services
• church /synagogue 1000 sq ft 7- 11
• library It 34- 56
• day care center it 50- 84
• government offices of 50- 84
• post office 65- 109
* state motor vehicle dept 125 -207
* banks (walk/drive in) 188-312
5. Office
• hospital 1000 sq ft 13 -21
• clinic (medical/dental) 25-41
- * general dice bldg
0- 50,000 sgft 17 -27
50-200,000 11 -17
200 - 400,000 8- 14
over 400,000 7- 11
6. Retail
• low intensity 1000 sq ft 27- 45
• medium intensity it 73 - 121
* high intensity 535 - 891
• shopping center
10 - 50,000 sq ft 94- 156
50- 100,000 if 60- 100
100 - 200,000 if 47-77
200 - 600,000 it 32-52
over 600,000 of 24-40
7. Industrial
* general light / ind pk 1000 sq st 5 -9
* manufacturing /warehousing 3 -5
8. Recreational
• city /county park acres 2- 4
• golf course It 6- 10
• beach/regional park of 13 -21
• other recreational 1000 sq ft varies
9. Terminals
* commercial airport pass. orig. 4- 6
* general aviation
3
Land use category Unit Daily trip generation range
airport based craft 5 - 6
* waterport/marine
terminal acres 9 - 15
* transit terminals # of buses varies
10. vacant 0
Review. A municipality may also petition this committee to develop or review trip generation
data for land uses which are not included in the existing land use categories. The committee
may also annual review all ranges. The committee review and update trip generation data,
when necessary, whenever the Institute of Traffic Engineers issues a new edition of their traffic
generation manual.
Pass -by reduction. Reductions based on data from the Institute of Traffic Engineers for pass -by
trips have been made to the trip rate ranges calculated for the following property uses: services
(15 percent), low intensity retail (20 percent), shopping centers (40 percent), and high intensity
retail (50 percent). (Pass -by trips are made as intermediatestops on the way from a point of
origin to a primary destination. These trips are attracted from traffic passing the site on an
adjacent street and do not require diversion from another roadway.)
TDM credit. A credit would be available for employers and building owners who implement
traffic demand strategies (TDM). Where lower traffic generation rates can be proven for two
consecutive years, the city will calculate an adjustment to the trip generation factor on which the
fee is based. Annual proof of reduced vehicle traffic would be required to maintain the credit.
Accrual of fee revenues. Revenues from the utility fee shall only be used for the specific
reconstruction, facility upgrade, and maintenance projects listed in master plan, and are therefore
limited to the projected costs of the needs approved in the master plan. The dedicated fund may
not accumulate revenues from the utility fee beyond the fee revenues generated over a period of
five years.
Appeal process.
Property owner. An owner of property within the municipality may appeal the amount of the
fee or the trip generation rate which is used for that property. An administrative appeal may be
made to the administrative officer of the municipality. The decision of the administrative officer
may be appealed to the city council. The property owner may appeal the decision of the city
council to the district court.
Municipality A municipality may appeal ranges of trip generation to the Municipal State Aid
Screening Committee appointed by the Commissioner of the Department of Transportation.
4
Special assessments, bonds, property tax levies. Use of the transportation utility fee does not
restrict the municipality from imposing special assessments, issuing bonded debt, or levying
property taxes to pay the costs of local street reconstruction, facility upgrade, or maintenance
projects. Revenue bonds may be issued in conjunction with the utility and may be retired with
utility fee revenues.
5
Implementation and
operation of a
Transportation utility fee- transportation utility
One possible solution to this lack of
funding is a transportation utility fee. In
A funding alternative for maintenance and a transportation utility, the "users" of
local transportation systems would pay
reconstruction of City streets fees based on the amount of traffic
generated by their property. The
transportation utility would not be a tax
SARAH HACKETr AND JIM GRuBE based on property value or market
value instead, the amount of traffic
generated would be the measure. It
would, like other utilities, be equitable.
Because all properties benefit from an
adequate local transportation system, all
The policy for the state of Minnesota is result in the need for total street developed properties within the city,
quite clear —users pay the costs of the replacement. Having funds available to including public institutions and
repair streets while they are still in governments, would be charged a
transportation system. Financing for the relatively good condition, rather than transportation utility fee.
state's highways, county roads, and totally replacing them after they have Operation of a transportation utility
"failed," is a logical way to keep street would be similar to the existing author_
municipal state aid streets is generated maintenance costs under control.
ity for cities to operate water, sewer,
by revenues from "user fees" such as gas Cities' transportation storm sewer, and other utilities. In those
taxes and registration fees. Unlike this needs not being met utilities customers are charged, through
monthly or quarterly city utility billings,
fundin g, g P there is no "user fee" available However, funding options for local
for use and future maintenance and
systems to fund local city transportation are scarce. The
streets. Years of cuts reconstruction of these utilities. A
p use of special assessments by cities is transportation utility would be deter -
in state aid, limits on property tax levies, becoming increasingly limited. The mined by a fee based on the use of the
bonded debt caps, and legal restrictions Minnesota Supreme Court has upheld street system —the amount of traffic
challenges to the use of special assess- generated. Although transportation use
on the use of special assessments have ments and the need to show "proof of can not be precisely metered, both
left many cities without the means to benefit" to the affected properties storm sewer and sanitary sewer utilities
through an equal increase in the value have set a precedent where utilities may
adequately maintain and reconstruct of the property. In addition, it is only operate without precise metering or
local streets. The use of user fees for possible to assess charges on properties direct association to property value.
which have been found to benefit from Property within a city would be
utilities and infrastructure is a basis for the project even when the value of the grouped to reflect the general land uses
cities to be given authority to implement improvement accrues to the entire evident in Minnesota cities. Examples of
a transportation utility fee.
community. Special assessments, as a the land categories could include:
share of total city revenue, have been single family, detached homes, multiple
g P
Like all infrastructure, streets have a shrinking since the earl] 1980s. In family nits, lodging, arks schools
1981 they represented 1 .I percent, Y g g, p ,
5 P 2 Pe churches, hospitals,
offices including
finite "life" which is dependent on compared to 7.9 percent in 1990. g
com
P P government offices, and retail In cities
adequate and timely maintenance, In addition, state - collected revenues where special land uses exist, or are
weather conditions, traffic, etc. With the account for only a small portion of developed - amusement parks, abbeys,
funding for local transportation systems. museums, etc. - a special category could
exception of a few newly developing Cities under 5,000 receive no direct be created.
suburbs, cities in Minnesota have many state funding for their local streets. Different amounts of traffic are
Cities over 5,000 receive Municipal State generated by different property uses.
streets which are at least 50 years old. A Aid (MSA) for a maximum of 20 Traffic generation data has been
lack of funding often delays timely percent of their local streets. Statewide, nationally accepted as a valid technique
there are nearly 16,000 miles of city to estimate traffic from existing and
maintenance and repair, which can streets.
proposed developments. It is currently
CITY OF BROOKLYN CENTER council Meeting Date 1/25/93
Agenda Item Number
is REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY
CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST
CONFLICTS OF INTEREST AND MISUSE OF POSITIONS
DEPT. APPR
Gerald G. S er, City Manager
MANAGER'S REVIEW/RECOMMENDATION:
No comments to supplement this report Comments below /attached
SUNDIARY EXPLANATION: (supplemental sheets attached )
On June 22, 1992, Resolution No. 92 -149 was adopted by the City Council. The resolution directs
the City Manager to place it for readoption on the agenda for the first meeting of the City Council
each January as information and reminder of Council /Manager responsibilities.
RECOMMENDED CITY COUNCIL ACTION
PASS A RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY
CHARTER, PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST
CONFLICTS OF INTEREST AND MISUSE OF POSITIONS
\ l
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER,
PLEDGING FAIR TREATMENT OF EMPLOYEES, DECLARING AGAINST CONFLICTS OF
INTEREST AND MISUSE OF POSITIONS
WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a
Council /Manager form of government; and
WHEREAS, said Charter provides that the City Council shall determine all
matters of policy, and the City Manager shall be the head of the administrative
branch of the City government; and
WHEREAS, the Charter provides that there be no separate administrative
boards or commissions other than advisory boards and commissions; and
WHEREAS, numerous advisory commissions have served the City since adoption
of the Charter; and
WHEREAS, the Charter provides for four Council members and a Mayor, all
elected at large, with the Mayor entitled to a single vote as other Council
members and who in addition serves as presiding officer of the Council and as
official head of the City for ceremonial purposes; and
WHEREAS, the Charter provides that "the Mayor shall study the operations
of the City government and shall report to the Council any neglect, dereliction
of duty, or waste on the part of any officer or department of the City "; and
WHEREAS, the Charter provides that "the Council and the City Manager, or
either of them, and any officer or officers formally authorized by them, or
either of them, shall have power to make investigations into the City's affairs,
to subpoena witnesses, administer oaths, and compel the production of books and
papers "; and
WHEREAS, the Charter provides that the City Manager shall control and
direct all departments and divisions of the City and shall have the right to take
part in Council discussion and shall recommend such measures as deemed necessary;
and
WHEREAS, the Charter prohibits Council members from dictating the
appointment of any person to office or employment by the City Manager except as
provided in Chapter 6 of this Charter; and
WHEREAS, the Charter requires the Council to deal with and control the
administrative service solely through the City Manager and prohibits any Council
member from giving orders to any subordinate of the City Manager, either publicly
or privately; and
WHEREAS, the City Manager is charged by the Charter to see that the City
Charter and the laws and resolutions of the City are enforced; and
WHEREAS, the Council as a whole also has an obligation to police its own
conduct and to ensure that its business is conducted pursuant to the City Charter
and the norms of acceptable and courteous business behavior; and
RESOLUTION NO.
WHEREAS, Council members must depend upon the City Manager and staff to
provide them with a great amount of background information, data, and expertise
to aid in deliberating issues, developing policy, and administering the Council's
responsibilities; and
WHEREAS, the effectiveness of the services provided by the staff is in
large part determined by a relationship of trust and mutual respect between the
staff and the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council:
1. To rededicate itself to the spirit and letter of the City Charter, and
to call to account any of its members who ignore the spirit and letter
of the City Charter.
2. To rededicate itself to the checks and balances of the City Charter
that keep City government accountable and to reaffirm its commitment
to the first amendment rights of the U.S. Constitution.
3. To pledge that no employees suffer recriminations, abuse or
humiliation for acting in a forthright, proper, honest, and candid
manner in performing their responsibilities.
4. To discharge its responsibilities as intended and established by
federal, state, and local laws and the City Charter, and to do so in
a fair and impartial manner. Any City officials or employees, elected
or appointed, who engage in conflict of interest or who use their
positions in a self- serving manner, having the effect of promoting
their own financial interest or the financial interest of a friend,
associate, business employer, or relative instead of the public
interest, shall be subject to censure by the City Council.
S. To direct the City Manager to place this resolution for readoption on
the agenda for the first meeting of the City Council each January
hereafter, as information and reminder of Council /Manager
responsibilities.
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 /,5 93
i
Agenda Item Number �� f
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET AND APPROVING THE PURCHASE OF A LOCAL
AREA NETWORK HUB AND A LASERJET IV PRINTER
DEPT. APPROVAL:
BARBARA A. GALLO, MIS COORDINATOR /PAUL HOLMLUND, FINANCE DIRECTOR
MANAGER'S REVIEW /RECOMMENDATION: j .
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached )
The City of Brooklyn Center's local area network has need of an additional hub. This hub serves as the communication
hook up between the local area network workstations and the file server. To add workstations to the local area network
a hub connection must be made. $2,666 for two remote communication devices is part of the Data Processing Division
1993 capital outlay budget. However since the budget was developed and approved the two remote communication
devices are no longer needed. The need for an additional Hewlett Packard Ethertwist 48 port hub is required. The
communication devices are not needed because two 71" data communication circuits and devices were purchased in late
1992 to correct network communication problems experienced at the Garage.
The cost of the Hewlett Packard Ethertwist 48 port hub is $2,666 which is $20 less than the amount approved for the
remote communication devices. Therefore no additional funding is needed to purchase the network hub.
The original 1993 capital outlay request included two Hewlett Packard Laser Jet III SI printers at $4,500 each and $600
for a dot matrix printer for the Garage. Only the dot matrix printer and one of the HP Laser Jet III SI printers, for the
Community Center, were approved. The other printer was requested by the engineering department to replace a HP
Laser Jet Series II. Since the time of the original request, the Hewlett Packard Laser Jet IV printer has been introduced.
The Laser Jet IV matches the performance of the Laser Jet III SI at a cost of only $1,399. The addition of a network
interface card and additional memory brings the total to $2,248. The data processing committee recommends the
purchase of two Laser Jet IVs, since they are the best technology available. The needs of the Garage can then be met by
the transfer of a Laser Jet II from the Engineering Department. In addition, the Administrative Office has need of a
network interface card for a HP Laser Jet III printer so it can be shared by two secretaries.
The cost of the additional Hewlett Packard Laser Jet IV printer is $2,248 which is $1,648 more than budgeted for the
dot matrix printer. The cost of the printer network interface card is $570 installed and connected. The amount
approved in the budget for a Laser Jet III SI and a dot matrix printer is sufficient for the purchase of the two Laser Jet
IV printers and the network card.
See attached memorandums to Gerald Splinter from Paul Holmlund for additional information.
• Action Required
A resolution is provided for Council consideration.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET AND APPROVING THE
PURCHASE OF A LOCAL AREA NETWORK HUB AND A LASERJET IV PRINTER
WHEREAS, Section 7.07 of the City Charter does provide that no obligation shall be incurred for
any purpose not in the approved budget or for any amount in excess of the amount appropriated in the
budget; and
WHEREAS, the Data Processing Division's 1993 Capital Outlay Budget includes $2,686 for two
communication devices and $600 for a dot matrix printer for use by the public works department; and
WHEREAS, the City's Management Information Systems Coordinator has determined that another
local area network hub is needed; and
WHEREAS, the Public Works Department and the Management Information Systems Coordinator
have determined that a Laser Jet IV printer is needed; and
WHEREAS, a network interface card is recommended for a Hewlett Packard Laser Jet III printer
in the Administrative Office; and
WHEREAS, the City's Management Information Systems Coordinator estimates that such a local
area network hub would cost approximately $2,666; such a laser printer would cost approximately
$2,248; and the network interface card would cost approximately $570; and
WHEREAS, sufficient funds are available in the Data Processing Division's 1993 capital outlay
budget for the purchase of the hub instead of the remote communication devices; and sufficient funds
are available in the Data Processing Division 1993 capital outlay budget for the purchase of the laser
printer instead of the dot matrix printer and for the printer network interface card, due to cost savings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn
Center, Minnesota, that:
1. The sum of $2,666 is appropriated from Object #4551, Division 20 for the purpose of
purchasing a Hewlett Packard Ethertwist Hub /48 from funds previously appropriated.
2. The sum of $2,248 is appropriated from Object #4551, Division 20 for the purpose of a
Hewlett Packard Laser Jet IV rinter and accessories from funds previously appropriated.
P P Y
3. The sum of $570 is appropriated from Object #4551, Division 20 for the purpose of a
network interface card for a Laser Jet III printer from funds previously appropriated.
I�
i
Date Mavor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY 6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
ByR00 TELEPHONE: 569 -3300
C ENTER FAX: 569 -3494
EMERGENCY - POLICE - FIRE
911
MEMORANDUM
Date: January 13, 1993
To: Gerald G. Splinter
From: Paul Holmlund, Chair, Data Processing Advisory Committee 6 wos
Subject: Request to Additional Hewlett Packard LaserJet IV Printer & Network
Interface Card for Front Office
The Data Processing Advisory Committee requests your approval to use $2,820 of the
remaining funds in the DP Capital Outlay Budget. These funds would be used to purchase an
additional Hewlett Packard Laser Jet IV printer with network card installed for engineering,
and a network interface card for a front office printer.
The 1993 Capital Budget as approved includes funding for two printers. The Laser Jet
printer listed is for the Community Center, and the dot matrix printer listed is for the public
works superintendent. A printer for the Community Center has been ordered and will be
installed shortly.
The budget request for Laser Jets was based on the presumption that we would purchase
Laser Jet Model III SI's at $4,500 each. Since the time the budget request was developed,
Hewlett Packard has released the Laser Jet IV, which provides very nearly the same
functionality as the III SI for less than half the price. HP is no longer manufacturing the
Laser Jet II or III series printers, and is marketing only the IV's.
The printer ordered for the Community Center is a IV. The $4,500 budgeted for it, and its
estimated actual cost of $2,263 leaves $2,237 unexpended. Combined with the $600 budgeted
for the dot matrix printer, $2,837 remains in the budget earmarked for printers.
REQUEST FOR ADDITIONAL LASER JET PRINTER
Two Laser Jet III SI printers were requested in the 1993 budget; only one was approved.
N
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The request for the additional Laser Jet IV printer is for the Engineering department, which
was originally scheduled for the second III SI. Engineering's current Laser Jet Series II
would go to the public works superintendent. At the time of the original request, the Hewlett
Packard Laser Jet IV printer was not available. Also we did not have as much experience
using the HP Laser Jet Series II on the network. The budget request made in good faith with
the information we had available to us at the time.
However since the budget was prepared, Hewlett Packard has come out with the Laser Jet
Series IV printer. This printer has two paper trays available. It prints with twice the
resolution as the series III and can be placed on the network as a node. The current Laser Jet
Series II has limited memory and very limited fonts. The limited memory is a problem when
printing large jobs especially through the network. The limited fonts is a large limitation
because the fonts are fixed sized and not scalable. With the limited memory on the printer, it
is difficult to download additional fonts with out getting a memory overflow error. Microsoft
Excel, our spreadsheet software uses many fonts that must be downloaded.
By purchasing the additional Laser Jet IV instead of the dot matrix, both the Engineering
Department and the Garage will be better served. Currently, Engineering has six users
sharing two printers. The Engineering Department could use a printer with more RAM and
two bins. While the garage was originally scheduled for an additional dot matrix printer, the
continuing evolution of their data processing needs suggests a need for at least one laser
printer. Network users at the garage could use the laser printer well. It would allow them to
print their documents at higher speeds and with laser quality. It will also be a network
printer accessible to all users at the garage and not just the public works superintendent.
Therefore we ask your approval to use the funds for the dot matrix printer and the majority
of the remaining funds from the Community Center's laser printer to purchase the additional
Laser Jet IV printer.
REQUEST FOR NETWORK INTERFACE CARD FOR EXISTING PRINTER
The Data Processing Committee was informed by Patti Page that you wanted the deputy city
clerk/administrative assistant's printer upgraded from a HP DeskJet Plus. The committee
recommends using the $572 remaining from the $5,100 approved for printers to purchase and
install a printer network interface card. The card would be installed in the Laser Jet III used
by the EDA secretary. That printer then will be shared by both secretaries in the open office
area. The administrative secretary's Laser Jet III printer will move to the deputy city
clerk/administrative assistant's office so it can be used for confidential information printed by
the Personnel Coordinator.
If you have any questions about the above recommendations, do not hesitate do ask the MIS
coordinator.
CITY 6301 SHINGLE CREEK PARKWAY
OF BROOKLYN CENTER, MINNESOTA 55430
:BFROOKLYN TELEPHONE: 569 -3300
C ENTER FAX: 569 -3494
EMERGENCY - POLICE - FIRE
911
MEMORANDUM
Date: December 31, 1992
To: Gerald G. Splinter
From: Paul Holmlund, Chair, Data Processing Advisory Committee �-►"
Sub' ect:
Request quest to Purchase Hewlett Packard EtherTwist Plus us
The Data Processing Advisory Committee requests your approval to use $2,666 approved for
two remote communication - devices in the Data Processing Capital Outlay Budget. These
funds will be used to purchase a Hewlett Packard 48 port local area network hub. The
amount approved for the devices is $2,686.
This hub was omitted from the 1993 Capital Outlay budget because the MIS coordinator
miscalculated the number of connections available on the current 48 port hub. The current
hub has only four connections remaining, but at least seven are needed for 1993. This error
went undiscovered until October.
A hub serves as the communication hook up between the local area network nodes
(workstations, print servers, etc.) and the file server. The nodes connect to the hub, which
then connects to the serve ~. To add nodes to a local area network a hub connection must be
made.
The remote communication devices are no longer needed because the short haul data circuit
they attach to had to be a distance of two miles or less. The devices, "TI" modems, were to
increase the data transmission speed between City Hall and the Garage. However, in late
September, US West informed us that the short -haul circuit length was 3.2 miles. This
distance exceeds the requirements, so the devices would not provide the 1.5 Mb per second
transmission" speed needed. To increase the data transmission speed, we have installed a
"71" circuit between the Garage and City Hall. The circuit was installed this past week and
should be up and running Monday, January 4, 1993.
A;10
Purchase of a HP 48 connection hub will meet the need for the additional nodes included in
the 1993 budget. It will give the Brooklyn Center LAN additional growth capacity. In
addition, a hub of this size could be used to back the critical connections on the existing 48
connection hub. If one hub goes down critical workstations can be moved to the working hub
until repairs can be made. The cost of this hub is $2,666. The cost of this hub would be
covered by using the $2,666 of the $2,686 appropriated for the remote communication
devices.
Purchasing a hub is necessary to add two PCs and one printer to the local area network.
Again it will give the local area network sufficient room to grow throughout 1993 and
beyond. This hub will also provide back up for critical LAN workstations in case of hub
failure on one of the two hubs.
Without an additional hub two of the nine microcomputers and one printer scheduled for 1993
can not be on the local area network. This will cause significant problems for the users and
their departments. It will diminish the use and effectiveness of these resources considerably.
CITY OF BROOKLYN CENTER Council Meeting Date 1/25/93
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT
FOR BIDS FOR DELIVERY OF TWO (2) ROTARY MOWERS
DEPT. APPROVAL:
Sharon Knutson, Deputy City Clerk
MANAGER'S REVIEW/RECOMNIENDATION:
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached )
Attached are the provisions and specifications for the purchase of Two (2) Rotary Mowers
RECOMMENDED CITY COUNCIL ACTION
APPROVE RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING
ADVERTISEMENT FOR BIDS FOR DELIVERY OF TWO (2) ROTARY MOWERS
•
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING
ADVERTISEMENT FOR BIDS FOR DELIVERY OF TWO (2) ROTARY
MOWERS
BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center that the specifications for the delivery of Two ( 2 )
Rotary Mowers are hereby approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to advertise for and receive bids for the
delivery of Two (2) Rotary Mowers in accordance with said
specifications.
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
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
PROVISIONS AND SPECIFICATIONS
FOR
TWO (2) 72" ROTARY MOWERS DIESEL
BID OPENING:
11:00 A.M., LOCAL TIME
CITY OF BROOKLYN CENTER
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
PROVISIONS AND SPECIFICATIONS FOR
TWO (2) ROTARY MOWERS
1. GENERAL
All bids must be received at the office of the Deputy City Clerk on or
before 11:00 a.m., , and shall be submitted on the
enclosed proposal form in a sealed envelope plainly marked "Bid for
Rotary Mowers ".
It is also understood that the City Council reserves the right to reject
any or all bids, to waive informalities and to award the contract in the
best interest of the City.
The Rotary Mowers proposed and delivered to the City of Brooklyn Center
shall be complete in every respect and ready for operation in accordance
with these specifications, with certificates of service and inspection
submitted at the time of delivery.
Manufacturer's reference, trade name, brand, or description mentioned in
this proposal are descriptive but not restrictive and used only to
indicate type and standard of material of equipment desired.
The Rotary Mowers the bidder proposes to furnish must be of a current
production. Obsolete equipment is not acceptable.
Catalog information showing make, model, and complete specifications of
the Rotary Mowers the bidder proposes to furnish shall accompany the
vendor's bid. Insufficient descriptive information shall be cause for
rejection of the bid.
The bidder must give assurance to the City of Brooklyn Center in regard
to patent infringements and in case of suits against the City by other
parties. He must defray all costs in connection with such suit and save
the City harmless in all such actions.
2. GUARANTEE
The bidder shall guarantee this equipment as to the specified capacity
and satisfactory performance and to be free of defects in design,
materials and workmanship. All defective Parts and material shall be
replaced free of cost to the City of Brooklyn Center, including labor
for a period of two years from date of delivery.
3. CONSIDERATION OF BIDS
The availability of adequacy of parts and service, and the costs of
operation and maintenance of this equipment are all important factors
which the City of Brooklyn Center will consider in making the award of
contract.
No prequalification requirements are specified herein. However, each
bidder shall submit written statements with his bid which provide the
following information:
1. Length of time this manufacturer has been manufacturing 72"
mowers.
2. Length of time the dealer has been handling this product line.
3. Number, location and ownership of all comparable units in service
in Minnesota, or in dealer's service area; (for usage by the City
in checking references).
4. Description of parts and service availability for this machine
from the dealer and from the manufacturer.
Following opening of the bids, the City may require the bidder to submit
such additional information as may reasonably be required in order to
evaluate the ro osed b"
p p id for the benefit of the City.
In addition, the City of Brooklyn Center reserves the right to consider
the previous performance of both the dealer and the manufacturer
l
reatin to the arts and service
� g P records to the City of Brooklyn Center
as related to other City -owned equipment.
4. DELIVERY DATE
The successful bidder shall schedule deliver to the Ci of y y Brooklyn
Center for the earliest date possible.
S. AWARD
Award of contract by the City of Brooklyn Center will be based on, but
not necessarily limited to the factors of price, delivery date, parts
and services; as well as analysis and comparison of specifications and
performance. Because the maintenance of this equipment in good
operating condition without down time for repairs is very important, it
is essential that repair parts and service be adequate and readily
available. The bidder shall state clearly in his proposal the location
in the Metro area where parts and service facilities are available.
Included in the final bid award determination will be a performance
evaluation based on City experience and experience of others with
y P
P
similar equipment as to the ast performance of the
P P bidders to determine
the best parts and service facilities available.
6. EXCEPTIONS
Exceptions to any item or part of these specifications shall be
submitted in writing rating one week prior to bid openin g None will be
accepted after this date. It shall be the responsibility of the bidder
to furnish proof that the exceptions or substitutions are equal or
superior to the specifications. This may require demonstration, travel
to existing machines and locations for demonstration and viewing of such
substitute proposal items. This is to be accomplished at no expense to
the City of Brooklyn Center.
SPECIFICATIONS
Two (2) 72" Rotary Lawn Mowers
ENGINE
The mowers shall be equipped with rear mounted three (3) cylinder water cooled
diesel engines, of not less than 24 horsepower at maximum governed engine
operating speed and not less than 59 cubic inch displacement. Engine shall be
equipped with a self - starter, 35 amp alternator, fuel and oil filter, heavy
duty remote mounted air cleaner and spark arrestor muffler.
TRANSMISSION
The transmission shall be of the hydrostatic type, with forward and reverse
capable of a forward ground speed of 0 to 9 miles per hour.
TIRES
The traction drive tires shall be no less than 23 x 8.50 -12 and the steering
tires shall be less than 16 x 6.50 x 8.00. All tires to be on demountable
drop center rims.
OPERATORS SEAT
The operator's seat shall be up front of the mower; it shall have a high back,
deluxe adjustable suspension seat, molded foam back and seat cushions with a
heavy durable covering.
ACCESSORY DRIVE
The accessory drive shall be a spliced universal P.T.O. shaft.
TURNING RADIUS
The mowers shall have the capability of a zero turning radius on the trimming
side of the cutting unit.
MOWER ATTACHMENT
The mowers shall be free floating rotary type, capable of a 72" cut,
adjustable in height, and made of 11 gauge steel. They shall have a minimum
of three (3 -24" minimum) heavy -duty, heat - treated steel blades. They shall be
side discharge cutting units with anti -scalp rollers.
ROLLOVER PROTECTION
The two mowers will be standard 4 post Rops rollover protective sunroof.
TOOLS AND SERVICE MANUALS
Two (2) sets of parts books and two (2) sets of operator's manual shall be
furnished.
TRADE - IN
Two (2) 1986 935 John Deer 72" Rotary Mowers #253 and #254.
These machines can be seen by appointment only at 6844 Shingle Creek Parkway,
Brooklyn Center, Minnesota by calling Bob Cahlander at 569 -3419.
(1) OPTIONAL
(1) 72" commercial recycler deck.
Trimming Abilitv
Able to trim on both sides with no discharge.
Caster & Wheels
Two front and center rear with anti -scalp rollers.
(2) OPTIONAL
(1) Rops cab rollover protective structure seat belt attaching system.
Safety glass throughout, removable doors with locking handle, acoustical
roof insulation, steering post filler plate and under seat filler panel,
heavy duty floor mat rubber isolator mounts and hood support head lead
light, one rear working light defroster fan windshield wiper wiring
harness and switches, heater mounting, hardware wiring.
CITY OF BROOKLYN CENTER Council Meeting Date 1/25/93
Agenda Item Number /'e
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT
FOR BIDS FOR DELIVERY OF ONE (1) 9 FOOT ONE STAGE SNOW BLOWER
DEPT. APPROVAL:
Sharon Knutson, Deputy City Clerk
MANAGER'S REVIEW/RECOAMENDATION:
No comments to supplement this report Comment low /attached
SU EVIARY EXPLANATION: (supplemental sheets attached )
Attached are the provisions and specifications for the purchase of One (1) 9 Foot One Stage Snow
Blower.
RECOMMENDED CITY COUNCIL ACTION
APPROVE RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING
ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) 9 FOOT ONE STAGE SNOW
BLOWER
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING
ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) 9 FOOT ONE
STAGE SNOW BLOWER
BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center that the specifications for the delivery of One (1)
9 Foot One Stage Snow Blower are hereby approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to advertise for and receive bids for the
delivery of One (1) 9 Foot One Stage Snow Blower in accordance with
said specifications.
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
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
PROVISIONS AND SPECIFICATIONS FOR
(1) 9 FOOT ONE STAGE SNOW BLOWER
GENERAL
All bids must be received at the office of the Deputy City Clerk on or
before 2 :00 p.m., , and shall be submitted on the
enclosed proposal form in a sealed envelope plainly marked "Bid for (1)
9 Foot One Stage Snow Blower ".
It is also understood that the City Council reserves the right to reject
any or all bids, to waive informalities and to award the contract in the
best interest of the City.
The snow blower proposed and delivered to the City of Brooklyn Center
shall be complete in every respect and ready for operation in accordance
with these specifications, with certificates of service and inspection
submitted at the time of delivery.
Manufacturer's reference, trade name, brand, or description mentioned in
this
proposal are descriptive but not restrictive and used only to
indicate type and standard of material of equipment desired.
The unit the bidder proposes to furnish must be of a current production.
Obsolete equipment is not acceptable.
Catalog information showing make, model, and complete specifications of
the snow blower the bidder proposes to furnish shall accompany the
vendor's bid. Insufficient descriptive information shall be cause for
rejection of the bid.
The bidder must give assurance to the City of Brooklyn Center in regard
to patent infringements and in case of suits against the City by other
parties. He must defray all costs in connection with such suit and save
the City harmless in all such actions.
GUARANTEE
The bidder shall guarantee this equipment as to the specified capacity
and satisfactory performance and to be free of defects in design,
materials and workmanship. All defective parts and material shall be
replaced free of cost to the City of Brooklyn Center, including labor,
for a period of two years from date of delivery.
DELIVERY
The machine must be delivered fully setup and ready to be used with all
the ordered features and options. The City will pay no additional
delivery, freight or set -up charges over and above the stated price on
the bidder's proposal. The delivery point to be:
SPECIFICATIONS
Minimum
Specifications - The bidder must equal or exceed the following
specifications:
The snow blower must be built to connect to a 1987 950B Cat
loader with a Balderson quick female coupler. The City will
remove the female coupler from the trade -in snow blower, and
the Bidder will install it on the new blower. The Balderson
coupler must be bolted on the main frame of the blower.
cutting width 108"
cutting height 48"
overall height and truck loading chute 144"
Capacity - A minimum of 10 tons per minute.
Chute - The unit must be capable of casting or truck loading. The
chute rotation, and deflector hood position, shall be
hydraulically controlled from cab of front end loader.
Augers - Manufacturer's standard equipment for the model specified.
or Fan Type However, if variations involving upper, secondary or
additional augers are available for any machine, an
alternate bid may be made for consideration by the City.
Power Unit - Water cooled, self - starting diesel engine, developing a
minimum 210 HP at governed rpm. The power unit controls
shall be capable of being operated from the cab of the front
end loader. Waterproof quick disconnect on both the blower
and the loader control box.
Brooklyn Center City Garage
6844 Shingle Creek Parkway
Brooklyn Center, MN 55430
TRAINING PROGRAM
The Contractor agrees to provide training for City employees. Minimum
of 4 hours hands on training. Manuals - the Contractor agrees to
furnish operator's manuals, repair manuals and parts books.
TRADE -IN
One (1) OM steel. One stage snow blower #423, serial number 423 -14,
1973.
SERVICE
The Bidder shall state in the proposal the location of the nearest stock
and list of parts they have in inventory and shall make available
inspection of parts in stock.
The power unit shall have the following:
Weatherproof enclosure
Remote throttle
12 volt system, independent battery
Alternator
Ammeter
Engine hour meter
Remote tachometer
Hydraulic remote control clutch
Coolant temperature gauge
Fuel gauge
Fuel tank not less than 45 gallons
Oil pressure gauge
Engine exhaust muffler
Engine is to be equipped with emergency shut -off devices in event of low
oil pressure or high engine temperature
Start /Stop Switch
Paint Color - Manufacturer's standard.
CITY OF BROOKLYN CENTER Council Meeting Date 1/25/93
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
LICENSES
******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
Sharon Knutson, Deputy City Clerk
MANAGER'S REVIEW/RECOMMMNDATION:
G'
No comments to supplement this report Comments below /attached
SUAIN ARY 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 January 25, 1993:
GASOLINE SERVICE STATION
Northern States Power 4501 68th Ave. N.
Osseo Brooklyn Bus Co. 4435 68th Ave. N. Q _
U. S. West 6540 Shingle Ck. Pkwy. sU
City Clerk
POOL AND BILLIARDS TABLES
American Amusement Arcades 850 Decatur Ave. N.
Lynbrook Bowl 6357 North Lilac Dr.v��
City Clerk
RENTAL DWELLINGS
Initial:
Lee Ketelboeter 4207 Lakeside Ave. #338
Renewal:
Earle Brown Commons 6100 Summit Dr. N.
Village Properties Evergreen Park Manor
Gary Brummer River Glen
Mr. /Mrs. Joseph Maddy 5540 Aldrich Dr. N.
Boyer Palmer 6101 Beard Ave. N.
Curtis /Audrey Cady 6915 Brooklyn Blvd.
Ralph T. Guimont 5903 Halifax Pl. N.
Julia Paulson 5315 Knox Ave. N.
Gary Scherber 4708 Lakeview Ave. N.
Roland Scherber 4714 Lakeview Ave. N.
Richard Bergstrom 5400 Russell Ave. N.
Henry R. Johnson 6736 Scott Ave. N.
ROI Properties, Inc. 6908 Unity Ave. N.
Swanson Investments 7230 West River Road
Swanson Investments 7250 West River Road
Howard /Harriet Oien 3606 58th Ave. N.
Eugene W. Hess 3218 63rd Ave. N.
Leo J. Vogel 2841 67th Lane
George T. Hanson 1510 69th Ave. N. p J
Ruth Kalanquin 5348 70th Circle �J
Communi lbevelopment Dir.
TAXICAB
Town Taxi, #53 2500 Washington Ave. N. . Q • CUry okm. . IC
Chief of Police.
TOBACCO RELATED PRODUCT
American Amusement Arcades 850 Decatur Ave. N.
Lynbrook Bowl 6357 North Lilac Dr.
Jerry's NewMarket 5801 Xerxes Ave. N.
City Clerk Ale—
GENERAL APPROVAL:
Sharon Knutson, Deputy City Clerk
Member Dave Rosene introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING MEETINGS OF THE COMMITTEE OF THE
WHOLE PRIOR TO CITY COUNCIL MEETINGS
WHEREAS, the City Council has found the time span from Friday
to Monday to be inadequate to be thoroughly knowledgeable of the
issues before it; and
WHEREAS, the City Manager has met with individual Council
Members for many hours prior to the scheduled council meetings
regarding the agenda; and
WHEREAS, the Council desires to shorten its cablecast
meetings; and
WHEREAS, the Council desires more time be available for
citizen input at council meetings; and
WHEREAS, the Electorate is holding Council Members more
accountable; and
WHEREAS, the agenda paperwork need not be in final form for
the committee o ittee of the whole meeting, and
WHEREAS, a meeting of the committee of the whole would
provide two working days for the staff to provide extra
information when needed prior to a council meeting.
NOW, THEREFORE, BE IT RESOLVED that the City Council shall
meet as the Committee of the Whole on the Thursday prior to each
Council meeting, unless otherwise scheduled by the Council.
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 thereof, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.