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HomeMy WebLinkAbout1992 03-09 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER MARCH 9, 1992 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies - Scout Troop 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 form the consent agenda and considered in its normal sequence on the agenda. 7. Approval of Minutes: *a. February 24, 1992 - Regular Session 8. Mayoral Appointment: *a. Weed Inspector b. Communications Task Force 9. Appointment of Election Judge: *a. Election Judge for April 7, 1992, Presidential Primary 10. Proclamations: a. Declaring March 15 -21, 1992, as Camp Fire Birthday Week *b. Declaring March 8 -14, 1992, as Girl Scout Week *c. Declaring a Day of Spiritual Rededication in Brooklyn Center 11. Ordinances: (7:15 p.m.) a. An Ordinance Amending Chapter 5 Regarding the Fire Department and Fire Prevention -This ordinance amendment was offered for a first reading on February 10, 1992, published in the City's official newspaper on February 19, 1992, and is offered this evening for a second reading. 1. Resolution Approving Amendments to the Fire Department Bylaws CITY COUNCIL AGENDA -2- March 9, 1992 12. Discussion Items: a. Legislative Update b. Park & Recreation Commission Recommendation Re: Purchase of Property at 4100 51st Avenue North c. Recommendation from Financial Task Force Regarding Communications Coordinator Position d. Proposed Brooklyn Park /Brooklyn Center Joint Meeting Agenda 13. Resolutions: *a. Expressing Recognition of and Appreciation for the Dedicated Public Service of Mona Hintzman *b. Authorizing the Purchase of One (1) 1/2 Ton Pickup *c. Authorizing the Purchase of One Fiberglass Service Body to be Installed on a 1/2 Ton Pickup Truck *d. Awarding Various City Insurance Contracts e. Establishing Project No. 1992 -08 for Lighting System Improvements in the City Council Chambers, Allocating Funds and Accepting Proposals Therefore *f. Providing for Hearing on Proposed Assessment for Water Service Repair at 5724 Logan Avenue North g. Grant Application for Second Year of Outreach Worker Program *h. Prescribing Voting Precincts and Designating Polling Locations for the City of Brooklyn Center *14. License to Utilize Explosives Permits for the Howe Company *15. Licenses 16. Adjournment CITY OF BROOKLYN CENTER council Meetin Da March 9, 1992 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: CITY COUNCIL MINUTES OF FEBRUARY 24, 1992 - REGULAR SESSION DEPT. APPROVAL: P. - poac., Patti A. Page, eputy City Clerk MANAGER'S REVIEW/RECOMMENDATION: � * An F No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) t RECOMMENDED CITY COUNCIL ACTION i� MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN TIE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 24, 1992 CITY HALL CALL TO ORIER_ The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 :03 p.m. R Mayor Todd Paulson, C.ouncilmembers Celia Scott, Jerry Pedlar and lave Rosene. Councilmember Philip Cohen arrived at 8:02 p.m. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Council Secretary Carla Wirth. OPENING CEREMONIES Dwight Gunberg offcrcd the invocation. OPEN FORUM Mayor Paulson noted the Council had received one request to use the open forum session this evening and invited Tom Slupske to address the Council. TOM SLUFSKE 5918 Abbolt Aven e North_ Mr. Slupske advised the Council of his concern about the high amount of traffic on 59th and 60th Avenues between Brooklyn Boulevard and Xerxes Avenue. This traffic situation was not a new one and had been addressed by the Council previously including discussion of making 59th and 60th Avenues one way streets or installation of a barrier. Mr. Slupske explained residents from this area rejected plans for a barrier because it would create a hazard with Police and Fire Department response time as well as for emergency vehicles. Residents also felt barriers would reduce their property values. Mr. Slupske indicated residents from this area submitted a signed petition to the City. This petition was reviewed by the Administrative Traffic Committee who reconrunended north/south stop signs. Residents take exception to this and do not feel it offers a solution to east/west traffic. Instead, they would like to see stop signs on both 59th and 60th Avenues so traffic does not simply shift over to 60th Avenue. Mr. Slupske reviewed results from the radar survey and indicated 42 accidents had occurred in recent times with eleven 2/24/92 - 1 - ' e resulting m d injury. He felt these accidents were happening because drivers were taking unnecessary risks and trying to find a short cut. The average speed of traffic; was over 32 miles per hour with 15% of the vehicles averaging between 35 and 37 miles per hour. Mr. Slupske pointed out the number of children was increasing in this neighborhood every year, and he was concerned for their safety in crossing 59th Avenue. Also, parents in this neighborhood were finding it necessary to drive their children to friend's houses rather than letting them walk. Mr. Slupske concluded his remarks by stating residents of this neighborhood felt the current usage of 59th Avenue was too high and posed a dangerous situation. They also felt nun - neighborhood usage was too high and demanded a solution to decrease traffic levels by installing stop signs on cast/west streets (59th and 60th Avenues). The City Manager reviewed reports on sequence of work done over a two year period of extensive neighborhood involvement in 1985 -86. At that time s6veral (3) public hearings were held leaving staff with the perception there were cut - through traffic issues and the City should eventually look at closing 59th Avenue; however, this would result in shifting traffic to 60th Avenue. The City Manager indicated stop signs would`result in a reduction, but he felt the only way to make a real impact was to install barriers. He then reviewed enforcement, pollution and noise issues resulting with stop signs. Another issue was that stop signs would reduce traffic speed at the intersection, but the cars then accelerate between intersections to make up time. Councilmember Pedlar indicated he had relatives living in this neighborhood and had first - hand knowledge of the traffic situation, He agreed traffic was excessive and traveling beyond the speed limit, Councilmember Pedlar felt the Administrative Traffic Committee had done a good job of addressing the situation, but their recommendation does not address the concerns of the neighborhood. He concurred with Mr. Slupske's comment this neighborhood was becoming a younger population with children. Also, when drivers see traffic is backed up on County Road 10 and Brooklyn Boulevard, they cut through this neighborhood to bypass it Councilmember Pedlar expressed concern non - neighborhood cut - through traffic was putting the children of this neighborhood in jeopardy. He felt it was time for the Council to look at the situation and do something. Councilmember Pedlar indicated he felt it would be a deterrent to traffic if they had to stop at every intersection. Mr. Slupske stated he felt installing the one stop sign recommended by the Administrative Traffic Committee would result in a more dangerous situation than no stop sign at all. The City Manager pointed out many of the accidents mentioned earlier by Mr. Slupske occurred during left turn movements and not at intersections. He did not feel the number of reported accidents were not excessive considering Brooklyn Boulevard carries 25,000 cars per day. The Director of Public Works agreed many of the accidents were on Brooklyn Boulevard involving rear end or side -swipe situations, and not related to cut - through traffic. 2/24/92 2 He added the Administrative Traffic Committee looked at the number of accidents in this area compared to those occurring in other residential areas and found the number was not unusual; however, they did feel the traffic level in this neighborhood was higher than normal. Councilmember Pedlar questioned the neighborhood's reaction to a barricade. Mr. Slupske explained there were heated arguments five to six g 8 re g ears ago regarding this issue because no Y one in the ei hb rhood barricade - street n Residents felt n o wanted or a o ne -way et situatto g a am Y these options would restrict their freedom and reduce response time for police, fire, and emergency vehicles. He added stop signs may not be the best alternative, but residents felt it was the only solution. The City Manager indicated a four -way stop sign was considered but rejected by both the Administrative Traffic Committee and Council. It was hoped improvements would be wade to the County Road 10 and Brooklyn Boulevard intersection to allow traffic to flow more quickly through and eliminate back -up problems. , Mayor Paulson thanked residents for providing the Council with information. He suggested staff review the information and make recommendations on possible options other than leaving it status -quo. The Council would then discuss the 'options in conjunction with residents to determine the best way to handle it - Councilmember Rosene added his thanks to residents for bringing this matter to the Council's attention. He indicated support of having a four stop along east/west streets on an experimental basis since he felt residcnt�s had demonstrated a need for having some type of traffic control. Councilmember Rosene pointed out some traffic uses these streets because they were the most direct route to their destination. He also felt some of the increased traffic was due to the close proxunity of the commercial area Councilmember Rosene asked when this area was scheduled for installation of sidewalks and whether it could be moved up in priority. The City Manager responded sidewalks were considered as part of the discussion in 1985 and 1986, but it was felt the volume of pedestrians do not justify sidewalk installation. He explained the City usually installs sidewalks only along busier pedestrian routes or routes to and from schools. Councilmember Rosene indicated support of looking at the sidewalk issue again since this was a high traffic area with young families. Councilmember Pedlar pointed out the information from 1985 and 1986 was antiquated and should be reevaluated since traffic was heavier today. He reminded the Council of the accident on West River Road where a school aged child was killed by a car. Councilmember Pedlar stated he does not want that type of situation to occur in this neighborhood and suggested the Councilmembers tour this area thcroselves. He suggested staff research options, and place this item on the Council agenda in the form of a resolution. 2/24/92 -3 - The City Manager estimated the cost for installing stop signs at $2,040 to $3,000. He indicated stop signs must be installed in accordance with the Uniform Traffic Code and differing from these general requirements could place the City in a liability situation. Councilmember Pedlar indicated agreement that there needed to be some enforcement in this area. He supported stop signs on cast/west streets as a way to deter traffic. Councilmember Pedlar stated the City may have some exposure to consider. The City Manager stated he was not sure stop signs would be a sufficient deterrent to significantly cut down on cut - through traffic. He pointed out there would be a liability if the City installed stop signs and it resulted in accidents. He suggested staff review and update information regarding this issue and submit a recommendation for Council's consideration. Councilmember Scott indicated she had lived in this area and understood the resident's concern. She pointed out the residents had been patient in waiting for a solution. Councilmember Scott reported on a similar situation in Crystal where stop signs were installed resulting in minimal reductions and complaints from residents about roll throughs and squealing tires. Because of the complaints, the City then.. some of the stop signs. Councilmember Scott indicated she was doubtful stop signs would help in this situation, but she felt something should be done to assure safety of the children. She added she does not want to delay action until another study was done and felt perhaps a temporary solution may be a four -way stop sign at Abbot Avenue. Councilmember Pedlar stated he would like to move expeditiously and recommended staff research options and come back with a positive recommendation after working with residents to arrive at a solution. Mayor Paulson concurred. The City Manager recommended any traffic control change be done at one time to avoid confusion. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to direct staff to work with residents from this area to research the possibility of cast/west stop signs and provide a recommendation for Council consideration at the March 23, 1992, meeting. An unidentified resident suggested the Council consider installing a "Slow - Children Playing" sign and reduce the speed limit to 15 miles per hour. The Public Works Director responded within the state of Minnesota, signs lower than 30 miles per hour were only found in areas of school crossings during times when children were present. The area under consideration is not a school crossing zone. The motion passed unanimously. 2x24/92 -4- Mayor Paulson inquired if there was anyone else present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Mayor Paulson announced the following recipients of a $50 recycling prize: Kenneth Cooper, 5712 Bryant Avenue North, David Berg, 3706 Commodore Avenue North; J.W. Adam, 6926 Frner:son Avenue North; David Jensen, 5149 Ewing Avenue North; and, Irene C.nrter, 4700 Eleanor Lane. Mayor Paulson explained this program encourages recycling and extended this congratulations to the winners. APPROVAL OF AGENDA AND CONSENT AGE DA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda No requests were made. APPROVAL OF MINUTES JANUARY 27.1992 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the minutes of January 27, 1992, regular session as printed. The motion passed unanimously. FEBRUARY 10, 1992 - REGULAR SESSION There was a motion by Couneilmember Scott and sa=nded by Councilmember Rosene to approve the minutes of February 10, 1992, regular session as printed The motion passed unanimously. APPOINTMENT OF ELECTION JUDGES ELECTION JUDGES FOR APRIL 7 1992 PRESIDENTIAL PRIMARY There was a motion by Councilmember Scott and seconded by Councilmember Roscoe to approve the appointment of election judges for the April 7, 1992, Presidential Primary election as submitted by staff. The motion passed unanimously. RESOLUTIONS RESOLUTION NO, 92-30 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REQUESTING HENNEPIN COUNTY PLACE A SIXTY DAY HOLD ON THE AUCTION OF A TAX FORFEITED LAND PARC:EI. The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 224/92 -5 - RESOLUTION NO. 92 -31 - Membcr Colia Sett introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) STREET SWEEPER The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO, 92 -32 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1991 AND 1992 GENERAL FUND BUDGETS TO CARRY FORWARD CERTAIN POLICE DEPAKTMENT APPROPRIATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. ' RESOLUTION NO, 92 -33 Mcmbcr Cclia Scott introduced the following resolution and riioved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT 1992 -02, LOCAL AREA NETWORK. SYSTEM FOR THE CITY OF BROOKLYN CENTER FACILITIES, APPROVING SPECIFICATIONS, AND ACCEPTING PROPOSALS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosenc, and the motion passed unanimously. LICENSE There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the following list of licenses; AMUSEMENT DEVICE - OPERATOR Kids "R" Us 5717 Xerxes Avenue N. CATERING FOOD VEHICLE Bridgeman's 6201 Brooklyn Boulevard FOQ� ABLISHMENT Korean Presbytcrian Church of MN 5840 Humboldt Avenue N_ GARBAGE AND REFUSE COLLECTION VEHICLE Block Sanitation 8924 Ashley Terrace 2/24/92 -6- MECHAN SYSTEMS _ Air Conditioning Associates+ Inc- b$ Concordia Avenue nue Snelling Mechanical, Inc- NO NPERISHABLE VEN—DIN-0 MAOMM Apple Automatic Food Service 6313 Cambridge Street Royal Business Forms 6840 Shingle Creek Parkway Maranatha Cons. Baptist Home 8833 Jefferson e Highway Norcroftt, Inc. Brooklyn Center High School 6500 Humboldt Avenue N. venue NE Service America Corporation 768405 Central Creek Parkway MTC P RISHABLE VENDING MACHINES Apple Automatic Food Service 6313 Cambridge Street Royal Business Forms 6840 Shingle CYeek Part. - way Maranatha Cons. Baptist Home 5401 - 69th Avenue N. Norcroftt, Inc. 8833 Jefferson Highway_ Brooklyn Center High School 7490 Humboldt Avenue,'N. NE Service America Corporation MTC 4$45 Shingle Creek Parkway RFAD ILY PE RI F VEHI bridgeman's 6201 Brwklyn Boulevard SPECIAL FOOD HANDLING LI I3 T Kohl's Department Storc 2,501 County Road 10 Paper Warehouse 7634 Golden Triangle TAXI Town Taxi 250(} Washington Avenue N. #124 The motion passed unanimously. MAYORAL RFAPPO 'MENU PARK & RECREATION C MMI N There was a motion by Mayor Paulsen and secondod b Councilmember Rosene to reappoint Thomas R. Shinnick to the Park & Recreation Commission to serve through December 31, 1994. The motion passed unanimously- 2124/92 -7. PLANNING COMMISSION _ There was a motion by Mayor Paulson and seconded by Councilmcmbcr Rosene to reappoint Mark Holmes, Berth Johnson and Ella Sander to the Planning Commission to serve through December 31, 1993. The motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 92 - RITA M B NNELL The City Manager presented Planning Commission Application No. 92004 submitted by Rita M. Bonnell requesting a special use permit to operate a beauty shop in the lower level of her home at 6840 Bryant Avenue North. The Director of Planning and Inspection reviewed the staff report as well as issues raised by the Planning Commission. The applicant requests approval of a special use permit to move her beauty salon (which was located in the Humboldt Square Shopping Center) to the basement of her home. She has indicated she would be open on a limited basis from 9 am. to 7 p.m. weekdays and 8 :30 a.m. to 3 p.m. on Saturday. They had a large driveway so there would be no on street parking needed. Ms. Bonnell has been an operator for over 20 years and had her own salon for over 30 years. She has provided her , manager's and salon license numbers. The application was reviewed and unanimously recommended for approval by the Planning Commission at its February 13, 1992, meeting subject to seven conditions. Mayor Paulson opened the meeting for the purpose of a public hearing on the Planning Commission Application No. 92004 submitted by Rita M. Bonnell at 7.49 p.m. He inquired if there 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 7:49 p,m, The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve a special use permit for Rita M. Bounell to operate a beauty shop in the lower level of her home at 6840 Bryant Avenue North, application No. 92004, subject to the following conditions: 1. The special use permit is granted only for a one chair home beauty shop. The use may not be altered or expanded in any way without first securing an amendment to this special use permit 2. The beauty shop shall operate on an appointment -only basis. Hours of operation shall be from 9 a.m. to 7 p,rn., Monday through Friday and 8:30 a.m. to 3 p.iu. on Saturdays, 2/24/92 - 8 - 3. The applicant shall provide the city with a current copy of the state shop license prior to issuance of the special use permit. 4. The applicant shall obtain required permits for plumbing and ventilation work. 5. The applicant shall install a 10 lb, fire extinguisher in the room of the home beauty shop. 6. There shall be no more than ten people in the basement area at any given time. 7. All parking associated with the home beauty shop shall be off - street on improved space provided by the applicant. The motion passed unanimously. ORDINANCES AN ORDINANCE VACATING A DFAINA GE AND U'T'ILITY EASEMENT IN CENTAUR ADDITION The City Manager presented an Ordinance Vacating a Drainage and Utility Easement in Centaur Addition. He explained the city received a request from Noah Bridges to vacate the easement adjacent to his southerly lot line so he could build an addition onto his garage. The Director of Public Works reviewed the location of the utility easement and indicated there were no utilities located in the easement. Notices were sent to utilities companies asking them to respond prior to second reading if they had any objections but to -date, none had responded. This ordinance is offered for first reading. There was a motion by Councilmember Rosene and seconded by Couneilmember Scott to approve for first reading an.. Ordinance Vacating a Drainage and Utility Easement in Centaur Addition and setting a public hearing date of March 23, 1992, at 7:15 p.m. The motion passed unanimously, AN QRDTNANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES T(� REQUIRE A MINIMUM SEPARATION B TWE N CERTAIN EARLY MORNING/24 HOUR COMMERCIAL OPERATIONS AND SINGLE - FAMILY AND TWO - FAMILY DWEL JNGS INS 1 AN D R -2 ZONING DISTRICT The City Manager presented an Ordinance Amending Chapter 35 of the City Ordinances to Require a Minimum Separation between Certain Early Morning/24 Hour Commercial Operations and Single - Family and Two-Family Dwellings in R -1 and R -2 Zoning Districts. He indicated this ordinance amendment was offered for first reading on January 27, 1992, Published in the City's official newspaper on February 5, 1992, and is offered now for second reading and public hearing. 2/24/92 .9- The City Manager indicated the Council had been considering the possibility of amending the Zoning Ordinance to prohibit certain early morning or 24 hour commercial operations from being in close proximity to single- family and two - family residential areas. This matter was discussed at the December and January Council meetings, and the ordinance amendment had a fast reading on January 27, 1992- It was published in the City's official newspaper and is offered to the City Council for second reading and public hearing tonight. The City Manager indicated notices and a copy of the ordinance proposal with maps were mailed to affected property and the Chamber of Commerce. Mayor Paulson opened the meeting for the purpose of a public hearing on an Ordinance Amending Chapter 35 of the City Ordinances to Require a Minimum Separation between Certain Early Morning/24 Hour Commercial Operations and Single - Family and Two- Family Dwellings in R -1 and R -2 Zoning Districts at 7:51 p.m. Tom Louehs, planning consultant representing Mrs. Clifford Lang, indicated the issue was not whether the Council should or should not attempt to amend the ordinance, but how it affects the Lang property which was in the process of condemnation proceedings. He asked to go on record that any action the Council takes should not have an affect on the Lang property condemnation. A commissioner had been appointed for the condemnation proceedings which should occur in April. Mr. Louchs indicated the proposed ordinance amendment could affect the ability to operate a 24 hour business on the Lang property and affect the ultimate value of the property. If this were to happen, they want it taken into consideration when the condemnation proceedings happen. Howard Atkins stated he was developing property on 66th Avenue Forth and T.H. 252. He indicated the City was in receipt of a letter from his attorney expressing his feelings about the proposed ordinance which would amount to a taking of this property rights and greatly reduce the value. Mr. Atkins stated the proposed ordinance would severely affect his ability to sell the property, which was why he was opposed to it Dale Greenwald, business owner in Brooklyn Center, President of the Chamber of Commerce and member of its EDC, indicated the Chamber of Commerce EDC hoped the ordinance would be rejected or tabled at this time so they were able to study it more and determine how it fits with the City's Comprehensive Plan. As a business owner, he was concerned about the impact on a business owner who wants to sell to someone else. Councilmember Rosene pointed out a business which was sold and remains the same would not he under the restrictions of the new ordinance. The restrictions of this ordinance would become active if a business ceased operating for a period of two years and then began again. Councilmember Cohen arrived at 8:02 p.m. 2/24/92 _10- Mayor Paulson questioned input from the EDC. Mr. Greenwald expressed concern on how well this proposal fits into the Comprehensive Plan or whether it was a "band aid" solution. Councilmember Rosene explained this ordinance amendment had its origin in the conflict with the Atkins property to develop his site and residents objecting to potential glare, increased traffic, etc. He asked what type of business would contemplate starting in an area such as this (within 200 feet of a residential area) needed to operate between midnight and 6 a.m. Mr. Greenwaldt indicated the area under discussion was freeway property, and he felt it could support a usage of that type, such as a grocery store like CUB or Byerly's. Donna Iture, owner of the northwest corner of 66th Avenue North and T.H. 252, stated she does not intend a use of this type; however, the proposed ordinance amendment resulted in placing another restriction on her property that made it even more difficult to sell. Ms. Iture stated they had some interest from a person who wanted to build a restaurant, but they were having difficulty selling the property due to all the City requirements that have to be met. Mark Saliterman, Northbrook Shopping Plaza, stated his property has been commercial zoned for a long time and the proposed amendment would result in taking rights away from people who purchased the property and relied on the zoning. He questioned why the Council would consider a change of this type during a "difficult economic time. Mr. Saliterman asked why "midnight" was picked instead of 1 a.m. or 2 a.m. He pointed out many businesses were opening earlier and staying open later in the evening just to make it. He felt the City may have a problem in some areas, but were considering a blanket ordinance as a way of avoiding a discrimination lawsuit against one property. He suggested the City work out the problems with that one property rather than attempting a blanket ordinance restriction. Mr. Saliterman. reviewed the site layout for the Northbrook Shopping Plaza and indicated the residential homes were built after the shopping center was already there so he does not feel an ordinance of this type should affect him. He explained he checked first with the City about purchasing the building and updating it and was encouraged, but when remodeling began he was required to meet certain restrictions including a change in the parking lot. Mr. Saliterman reviewed the list of business types that would be affected by the proposed amendment. He indicated he would like to avoid an expensive law suit and suggested the City obtain an opinion from the Attorney General's office regarding the proposed amendment and whether it was discriminatory or a taking of the property. The City Attorney responded he had not reviewed the opinion letter submitted by Mr. Atkin's attorney and was not aware whether it cites case law. The City Attorney indicatcd in this particular case, he does not feel a taking or partial taking occurred or that there was a basis for a law suit challenging the ordinance. He added he was unsure whether the 2124/92 Attorney General would be willing to provide an opinion on an issue such as this, but he could make the request. Councilmember Rosene indicated there was no case law cited in the letter from Mr. Atkin's attorney. Mr. Saliterman reported the property owners have talked with attorneys who disagree with the City Attorney's opinion. He suggested the matter be tabled to allow those attorneys who disagree to talk with the City Attorney. Mr. Saliterman pointed out during the discovery process the City would have to make information available to them indicating how the ordinance originated and why they decided to adopt it. If it stewed from one person's property, it may be determined the Council acted in an arbitrary and capricious way in bringing the entire community into it instead of dealing with just that one piece of property. Bill Bartram, president of Brookdale Chrysler Plymouth, explained they don't plan to sell cars after midnight, but their service department was open Monday through Thursday until 2 a.m. These hours were created about one year to accommodate customer's needs since they found it inconvenient to be without their car during the day. Mr. Bartram explained they may be considering expanding to 24 hour service in the future and don't want to move to Brooklyn Park to accommodate their customers. He pointed out one complaint was made six years ago when a speaker to the paging system was left on all night, but so far no one has complained about the service hours. Brookdale Chrysler Plymouth employees 75 people with an average compensation of over $30,000. Mr. Bartram reported the repair division runs on two shifts per day, and this ordinance would limit his ability to expand those hours. Mr. Bartram stated he understood the ro osed ordinance resulted in a proposal by one property for a 24 hour convenience store operat but the ordinance as proposed would affect all business owners. He felt the ordinance would also restrict the growth potential for several businesses since it would be detrimental to business and potential sale of property. Mr. Bartram concluded by commenting he does not feel it was good City policy to establish an ordinance that discouraged business and does not deal with substantial impairment to public health and safety. Couneilmemher Rosene indicated the proposed ordinance amendment would not proh Brookdale Chrysler Plymouth from continuing as they have been. Mr. Bartram pointed out they were at a point where they have to decide in the next several months whether they should expand repair hours to 24 hours per day or else he would have to decline business opportunities which may mean a move out of Brooklyn Center. He felt a lot of business people would reconsider whether they want to invest a lot of money into a business in Brooklyn Center if it has this type of restriction. Councilmember Pedlar indicated no one wants to see Brookdale Chrysler Plymouth move out of Brooklyn Center because it has been a long standing well respected corporate citizen in Brooklyn Center. He realized this was a significant issue and indicated he would take all of these comments into consideration. 2/24/92 -12- Mayor Paulson inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to close the public hearing at 8:34 p.m. The motion passed unanimously. In response to Mr. Saliterman's question if "midnight' ' was arbitrarily picked, Councilmember Rosene explained the Council originally considered 11 p.m. but felt it may be tuu restrictive. Councilmember Rosene pointed out it would have been advantageous if this issue could have been covered by cable casting sooner so residents could have provided input on this ordinance. He explained the Council tries to keep a balance between residents and business and responds when residents raise concerns by taking steps to cure those problems. Councilmember Cohen indicated this ordinance was brought forward as an outgrowth of the PDQ application when residents expressed concerns about a 24 hour operation. He added he does not want to restrict business development in Brooklyn Center. Councilmember Cohen suggested this matter be tabled to allow the Council and City Attorney time to digest information and legal arguments presented tonight. Councilmember Pedlar concurred and pointed out there were legal issues as well as moral issues involved. He supported having the Chamber of Commerce EDC review this issue and provide a recommendation. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to table further consideration of an amendment to Chapter 35 of the city ordivanccs to provide the opportunity for input and further recommendation from the Chamber of Commerce EDC, staff, City Attorney and the public. The City Manager suggested the Chamber of Commerce serve as a liaison to arrange meetings and coordinate bringing people together. Staff could also work with the Chamber of Commerce to keep the Council informed. The City Manager estimated it may take 60 days for this research. Mayor Paulson expressed concern this matter not be tabled and delayed so it was acted on when people were not present to provide input. He pointed out the City received public input and the Chamber of Commerce EDC did review the amendment and made a recommendation for further study on how it all fits together. Mayor Paulson indicated he does not agree with the legal opinion expressed by Mr. Saliterman that the amendment would result in a taking of land. He supported comments the City needed to consider a comprehensive change with the ordinance and planning and preferred that approach. Mayor Paulson indicated he would like to see the Brooklyn Boulevard RFP increased to include a city -wide proposal so it was addressed as an overall plan and not piecemeal. He hoped the motion on the floor would become that process. 2/24/92 -13- Councilmember Scott supported the motion to table and commented the proposed amendment has woke the business community up that they have an interest in Brooklyn Center too. She pointed out the Chamber of Commerce's EDC had not been very active over the past few years and the Council only sees representatives from the Chamber of Commerce at meetings when an issue they disagree with was being considered. Councilmember Scott stated she would like to see the Council work with the Chamber of e had in the past to avoid this Commerce d business community as th Com an us y P type of situation. Mayor Paulson indicated Dale Greenwald had become president of the Chamber of Commerce over the past year and was doing a great job with increasing their involvement in many areas including events and programs. He encouraged everyone to provide input and correspondence for Council's consideration Councilmember Cohen agreed the matter should be tabled until it was brought back with due public notice. He added the business community in Brooklyn Center must not be too bad since this was the first time they had been present to discuss the issue. s The motion passed unanimously. RECE The Brooklyn Center City Council recessed at 8:52 p.m. and reconvened at 9:05 p.m. AGENDA MkNGE Council agreed with Mayor Paulson's suggestion to next consider agenda item 12 in consideration of people in attendance. HOCKEY BOOS 31R FUNDING REQUEST The City Manager indicated a request was received by the Brooklyn Center Hockey Boosters as part of the 1992 Budget process. In the past the Council had expressed concern over establishing a precedent by considering a funding request so the overall policy question was referred to the Park & Recreation Commission to develop a policy for Council's consideration. During discussions regarding this matter, the Council had indicated they might consider a "one -time" funding of equipment to keep the program viable. Councilmember Pedlar reported the Park & Recreation Commission recommended the City contribute $10,000 towards the hockey program. This recommendation was discussed considerably by the Council with Councilmember Cohen indicating a one -time contribution was not appropriate and perhaps the Council should consider something long -term with requested this item had r d development of the program. Councilmember Pedler indicated he p P g be placed on the agenda tonight because he received a call from representatives of the Hockey Association indicating they were in financial straights at this timc. 2/24/92 -14- Wayne Finley, representing the Hockey Association, reported even with four fund raisers, their 1991 -1992 season ended with an $1,800 deficit. The Association would nccd to have more fund raisers or else pass the cost on to the players. The City Manager indicated it was a matter of Council policy to decide how much money to allocate. The Park & Recreation Commission was reviewing the same type of policy that the Human Rights & Resources Committee uses. The City Manager predicted the City would probably receive more than one request and needed to be consistent in their action. In response to Mayor Paulson's question, Mr. Finley responded the Hockey Association has needs throughout the year because of spring leagues, repairs to equipment, new equipment needs, etc. Councilmember Cohen stated he had no problem in dealing with this request, but would like a written legal opinion on the City's limitations with making a contribution cif this type. Another issue was the budget allocates only so much money for assisting programs and a policy needed to be developed since other groups would be making funding requests. The City Manager indicated there were many examples of other communities with similar budget structures making contributions so if the Council decides to adopt a similar policy, staff could work out the details. Mayor Paulson stated he would like to review policies from other communities. C.ouneilmember Scott suggested needs be prioritized and the Council consider purchase of equipment that could be kept within the program and passed down to younger players until it wears out. Counciimember Rosene indicated support of making a contribution if the City had $1,500 to spare, but he was concerned about the precedence that would be set with other . organizations making requests. He questioned the average cost to take part in the Hockey Association, Mr. Finley reviewed the costs for participation with different ages and indicated players also participate in fund raisers. Mr. Finley explained the Association does help out families if they were not financially able to handle the cost by keeping costs down or providing equipment that the family could lease for a nominal fee. He expressed frustration sometimes it seemed to be a "losing battle" but they were working hard to keep afloat. Another consideration was the Champlin Park High School would also have a hockey program. Councilmemher Rosene asked if the Association was contemplating any more fund raisers. He encouraged them to "advertise" this type of information at this time so it could be cable contributing could contact the Hockey interested in artici atin or co d ne cast an anyone g Y participating g 2/24192 -15 - Association. Mr. Finley indicated many have already made donations or contributions. 0 Others who were interested could contact the City Park & Recreation Department who would refer them to the Hockey Association. In response to Councilmember Cohen's question, Mr. Finley indicated the School District does not contribute towards their budget. He then reviewed the state hockey tournament they were competing in and indicated Brooklyn Center was the only community out of the 18 in their section that does not own a rink. Mayor Paulson questioned the average private contribution. Mr. Finley responded most contn'butions range from $Z5 to $150. They also received $1,000 which was provided in the form of a credit towards merchandise. Also, the Lions contributed $800. Mr. Finley reviewed the Booster Book which they sell advertisements in and printed in January. Councilmember Rosene asked if the Hockey Association had a network of alumni who were interested in supporting the program to keep it going. Mr. Finley explained they do not since several different School Districts were involved, and the alumni were difficult to keep track of. Mayor Paulson indicated he would like to do something for the Hockey Association in this time of need to see if the City could find money in the budget to contribute $1,200 to purchase advertising space in the Booster Book. He pointed out this would provide a needed contribution and also derive advertisement. Mayor Paulson suggested this be 0 considered with the indication the Council would not consider any more funding until a policy was established. Councilmember Pedlar expressed support of youth programs but felt other programs would come before the Council for contributions if one was approved for the Huc:key Association. Councilmember Pedlar indicated he supports the contribution by purchasing advertising in next Y ears book at this time because the community was attracting more young people. He ' r a moratorium until a oli was established. n suggestion for mo p cy supported Mayor r Paulsa s su also su a g$ Pp Y There was a motion by Councilmember Pedlar and seconded by Mayor Paulson to contribute up to $1,200 towards the Hockey Association through the purchase of advertisement in next years book or other procedure worked out by City staff and the Association, Councilmember Cohen stated while he would like to see a contr he wants to follow the correct procedure so it was not done in a piecemeal manner. He suggested thus rcquest be tabled so it could be referred to the Financial Task Force for their recommendation and establishment of a policy. 0 2124M -16- Mayor Paulson felt it was important to create a climate where people wanted to participate in the process and felt it was possible to accomplish something. He felt a contribution at this time would rovide seed money so people think it is possible. P Y P P P Councilmember Cohen questioned the reason why the School District does not contribute towards this program. He agreed a $1,500 contribution will not greatly impact the City's budget, but it would establish a precedence. Mayor Paulson suggested the Council's action include a freeze until a policy was established. Councilmember Pedlar agreed with Councilmember Cohen. He indicated he would be willing to rescind his motion s0 this matter could be tabled until the next meeting to allow time to develop a policy. Councilmember Cohen thanked Councilmember Pedler for this consideration. He added he does not want to make things difficult for the Hockey Association but would like to see the legal citation as well as have the Financial Task Force look at putting a certain amount of money into a fund to address this type of request. Councilmember Pedlar rescinded his motion to approve a contribution. Mayor Paulson indicated he would not rescind his second to the motion. A substitute motion was made by Councilmember Cohen and seconded by Councilmember Rosene to table the Hockey Association funding request until the next Council meeting for the purpose of obtaining a written legal citation on how to provide contributions to organizations such as this and to refer the matter to the Financial Task Force for their view on implication of setting a budgeted amount in the $5,000 to $10,000 range to cover requests of this type with the understanding the Hockey Association request was for $1,200. The motion passed unanimously. Noah Bridges pointed out there were many programs within Brooklyn Center that have facilities which were supported by tax dollars. However, the Hockey Program had no facilities and the Association was attempting, through fund raisers and donations, to respond to those children and create access for them to participate. He pointed out the Hockey Association accepts all children within Brooklyn Center's borders who want to play. Mr. Bridges encouraged the Council to consider the Hockey Association's request. In response to Councilmember Cohen's question, Mr. Bridges indicated this would probably be an on- going request. 2/24/92 -17- I i ORDINANCES (CONTIMM) AN ORDINANCE ADDING CHAPTER 20 REGARDING TREES TO THE CITY ORDINANCES The City Manager presented an Ordinance Adding Chapter 20 Rt;g4rduig Trees to the City Ordinances. He indicated this is the first step in qualifying to obtain grant money. The Director of Public Works provided a review of items included in the proposed ordinance. He noted the ordinance provides for annual adoption of a resolution specifying approved species of boulevard trees by the Council to promote diversity. The ordinance would require tree contractors to register with the City and provide proof of insurance rather than establishing a licensing procedure. A second resolution is proposed for the purpose of setting registration fees for tree contractors. This registration would be handled by the Engineering Department with a January Ist renewal. This ordinance was offered for first reading on January 27, 1992, published in the City's official newspaper on February 5, 1992, and is offered now for second reading and public hearing. Mayor Paulson opened the meeting for the purpose of a public hearing on an Ordinance Adding Chapter 20 Regarding Trees to the City Ordinances at 9:54 p.m. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. " , There was a motion by Councilmember Rosene and seconded by Councilmember Scott to close the public hearing at 9:54 p.m. The motion passed unanimously. OR12INAN - NQ, 92 -04 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE ADDING CHAPTER 20 REGARDING TREES TO THE CITY ORDINANCES The motion for the adoption of the foregoing ordinance was duly seconded by member Dave P g g Rosene. The motion passed unanimously. Councilmember Rosene suggested the list of boulevard trees be telecast via cable tv to inform residents of the types included. In the future, he hoped to advertise this type of topic prior to second reading to encourage resident's input. 2124/92 -18- RESOLUTION NO, 92 -34 Member Dave Roscno introduced the following resolution and moved its adoption; RESOLUTION ADOPTING ANNUAL LIST OF ALLOWABLE BOULEVARD TREES The motion for the adoption of the foregoing resolution was duly seconded by member Jerry pedlar, and the motion passed unanimously. RESOLUTION ESTABLISHING FE E FOR REGISTRATION QF TREE CUNTRACTURS Councilmember Cohen asked if the proposed $25 registration fee was adequate to cover administrative costs. The Director of Public Works indicated it was. RESOLUTION NO. 92 -35 Mcmbcr Philip Cohen introduccd tho following resolution and moved its adoption: RESOLUTION ESTABLISHING FEE FOR REGISTRATION OF TREE CONTRACTORS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. DISCUSSION ITEMS CABLE CASTING OF COUNCIL MEETINGS The City Manager indicated staff had been working with representatives of Collins Electric Company to develop a proposal for improving the council chambers Iighting for cable casting meetings. He suggested staff be allowed to obtain a second quote based on this proposal and poll the Council prior to the March 9th meeting to obtain approval and move forward with lighting improvements. In response to Councilmember Rosene's question, the Director of Public Works explained two quotes were the minimum required. He added staff met with cable tv representatives to review the draft proposal and discuss possible options, These representatives would be providing recommendations on the minimum system required in order to achieve the lighting level needed for cable casting, Mayor Paulson asked if the proposal indicates the minimum lighting requirements. The Director of Public Works responded it does. The proposal was also based on lighting that would not detract from the room and would roduce the level glare from what was currently being used. He estimated the cost to be $5,000. 2/24/92 - 19 - Mayor Paulson indicated he felt comfortable supporting staff's recommendation as long as a minimal system was being considered since the Council had yet to addrebts cable 0 capabilities desired which may require a different type of lighting. He asked if this matter should be delayed until cable capability options was addressed. Councilmember Scott indicated she would greatly appreciate moving forward with an alternate that would reduce the glare level and eye strain. The City Manager pointcd out the Council could decide if they want to move forward once the costs were known. If any objections were received, the matter would be placed on the agenda for further discussion_ There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to proceed with staffs recommendation as discussed to obtain two quotes for a minimal council chambers lighting system for cable casting meetings with the understanding the Council would be polled for their approval, and if any objections were expressed the matter would be placed can the March 9, 1992, Council agenda. The motion passed unanimously. COMMUNICATIONS TASK FOECE UPDATE J The City Manager explained the Communications Task Force was rcquesting Council input and direction regarding the job description for a communications coordinator. Mayor Paulson reported he spoke with the Chamber of Commerce Executive Director who was very enthusiastic about the possibility of getting someone to work with them to promote community events and other projects which would be included in this job description. He felt this would place Brooklyn Center on par with other communities in being able to promote projects and attract residents to get involved and meet objectives set out by the Communications Task Force. Mayor Paulson pointed out the communications coordinator should be involved with more than issuing press releases. He complimented the 'Task Force for their excellent job in looking at this position. Mayor Paulson stated he supports staffs comment about requesting input from the Financial Task Force and suggested they be informed the Council addressed funding for this position in their budget discussions last fall. He added the Financial -Task Force should consider this position when discussing the priority process. Councilmember Cohen pointed out the position description indicates the communications coordinator would act as staff liaison to designated citizen and busincss groups and advisory boards. He asked if this would be only for those groups where a liaison has not already been assigned_ Mayor Paulson agreed the communications coordinator would not replace a liaison that has already been designated. Councilmember Cohen indicated he felt this position would provide an excellent opportunity to promote the Heritage Center. He also felt it would maximize the dollars being spent to 2/24/92 -20- advertise not only the different facilities, but the community as a whole. Mayor Paulson agreed the position could help with marketing Brooklyn Center through the Heritage Center, Councilmember Cohen questioned the creation of this position in light of the 10% budget cuts. The City Manager indicated staff would be reviewing this matter with the Financial Task Force at their meeting this Thursday (February 27, 1992). He felt the budget cuts would probably result in some personnel cuts. Councilmember Pedlar commented conceptually he liked what he was hearing about advertising the community, but as liaison to the Financial Task Force he wanted to look at what would be cut from the budget first. The Personnel Coordinator explained the Communications Task Force would like to do some "fine tuning" with the job description but first wanted to get Council input on whether this was going in the right direction. Mayor Paulson suggested the position be approved contingent on approval from the Communications Task Force and the Financial Task Force. Councilmember Cohen questioned procedure if this position was approved. The City 0 Manager responded approval of the position would result in the need to amend the budget. He added it may take 30 days or more if the Council wants to consider other priority cuts. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve the position description for a communications coordinator in concept and refer it to the Communications Task Force for approval and the Financial 'Task Force for incorporation in their prioritization process, their review and recommendation. The motion passed unanimously. LEGISLATIVE UPDATE The City Manager rcportcd staff had been informed there may be a possible State revenue shortfall as high as $600 million. Currently, staff was unsure of the actual figure or impact this would have on municipal state aids. The City Manager indicated staff, Mayor Paulson and Councilmember Cohen met with Representative Carruthers and Senator Luther regarding the legislative interests of the City. These discussions covered the Orfield Bill relating to the control of urban sprawl, transit concerns and issues, housing legislation and the City's prioritization process. Staff had made a brief presentation on the prioritization process and potential damage to municipal services by severe cuts in state aid. Sen4}tor Luther and Representative Carruthers expressed interest in a cooperative effort betw6en Brooklyn Center and Brooklyn Park on possible legislation which would address apartment building deterioration. With regard to the information presented on a business retention program, Senator Luther had suggested the City work with state agencies to seek funding. 2/24/92 -21- i Mayor Paulson expressed support of innovative property use in gateway areas to Brooklyn Center such aS Highway 252. The City Manager indicated staff would be meeting later this week with the Brooklyn Park housing staff to consider different options. Council would be provided with a report on this meeting, Councilmember Cohen reported he had been assigned to look into the bills with the North Metro Mayors Association. He provided an update and urged Council's support of the Metropolitan Housing Revitalization Fund which would create a mortgage registry surcharge that would yield $5 million. Councilmember Cohen then briefed the Council regarding House Files 2003 Income Tax Limit Deduction for Qualified Residency Interest, 2004 Neighborhood Land Trust Program, and 2005 Housing Assistance Account- Housing Revitalization. He suggested the Council go on record as approving these bills in concept. Mayor Paulson indicated this was an example of Councilmember Cohen's leadership with this issue on a metropolitan -wide scale. He pointed out Brooklyn Center would benefit from these bills and he would support them. RESOLUTION NO 92 -36 Mcmbcr Cclia Scott introduced the following resolution and moved its dduption: RESOLUTION EXPRESSING SUPPORT OF HOUSE FILES 2003, 2004 AND 2005 The motioll for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. BROOKLYN BOULEVARD STUDY (DRAFT RFP) The City Manage_ r presented the draft KFP for the Brooklyn Boulevard Study. He reviewed the scope of the study and indicated it covers issues previously raised by the Council. Mayor Paulson questioned the phrase "early attention should be given to issues related to a specific development proposal for the northwest corner of 69th Avenue North and Brooklyn Boulevard ", The City Manager explained this term could be more specific after RFPs were received. He suggestion it could range from 20 days to 30 days of the study. Mayor Paulson indicated he was aware of someone who was anxious to make renovations at the corner of 69th Avenue and Brooklyn Boulevard, and he was concerned this study may delay the project. Councilmember Cohen concurred and suggested it indicate "top priority" rather than "early attention" so it is addressed first. Councilmember Cohen listed several other areas which need to be considered such as Northbrook, T. H. 252 and 66th Avenue North, 50th and France Avenue. Tie suggested, as a way to maximize opportunity, the Council look at all corners and support progressive 2/ _ 2 redevelopment. He also suggested the City take the initiative and approach Legislators about redevelopment funding, Mayor Paulson concurred and indicated he felt this was an opportunity to expand the study to encompass other areas that need this same kind of attention and would also address the transition taking place from development to redevelopment. In response to Councilmember Cohen's question, the City Manager indicated staff involvement was needed to provide information and review issues even if a wnsultant was hired to do the work. He envisioned the Council should prioritize the sites and recognize staff time would be needed. The City Manager suggested the Council review the Year 2(1W Study which addresses some of these issues and also indicates Brooklyn Center was trending from development towards redevelopment. Councilmember Cohen indicated he felt this would also help implement the Maxfield Study. He asked if the Council needs to consider staffing changes. The City Manager agreed there may be a shifting in emphasis towards redevelopment so the ,City may need to focus operations to accommodate that new direction. Councilmember Cohen suggested a time frame be' established of when the Brooklyn Boulevard Study would be completed so C.Quncil could determine what time period the work could be accomplished in. The City Manager indicated staff would have a better idea of the time frame after discussing the RFP with consultants. It was noted a public input process was included in the Study. Mayor Paulson expressed interest with the possibility of restructuring towards redevelopment which he felt was a very resourceful way to approach the future. Councilmember Cohen pointed out the Comprehensive Plan Amendments would have to be referred to the Met Council. He suggested a chronplogical outline be prepared of what needs to be done. Councilmember Cohen also suggested the Council go on record as feeling there may be a need to expand the RFP following Council's review of the Comprehensive Plan. The City Manager indicated he would provide the Council with a listing of these areas for their consideration at the next meeting. Mayor Paulson expressed support of the Council's consideration regarding the character of the buildings brought into Brooklyn Center. He reported on an article describing the trend towards a "small town" character of buildings, such as seen with the Heritage (:enter, and indicated he would supply the Council with copies of it. Mayor Paulson suggested the Study include long -range planning of developing the type of character the City wants to see. The City Manager indicated this could be done by requiring architectural review. 2/24/92 -23- Councilmember Cohen suggested the Council work to achieve financial tools so they were able to put some dollars towards achieving desired building character or special treatment. Mayor Paulson reviewed the TIF aspect. In response to Councilmember Pedlar's question, the Director of Planning and Inspection indicated the development plan for the northwest corner of 69th and Brooklyn Boulevard had been tabled by the Planning Commission since it was part of this study. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to direct staff to prepare a list of other areas which should be considered and to include the following items in the RFP for the Brooklyn Boulevard Redevelopment Study: placing a "high priority" on the 69th Avenue and Brooklyn Boulevard area, consideration of building character through architectural review, inclusion of other areas such as Northbrook, T. H. 252 and 66th Avenue North, 54th and France Avenues and review of the Comprehensive Plan. The motion passed unanimously. RESOLUTIONS (CONTINUED) RESOLUTION AUTHORIZING AN APPROPRIATION FROM THE CAPITAL 1 MPR0VFMFNTS FUND FOR THE CITY'S SHARE OF THE COST OF THE EVERGREEN PARK SCHOOL PLAYGROUND PROJECT The City Manager presented a Resolution Authorizing an Appropriation from the Capital Improvements Fund for the CiWs Share of the Cost of the Evergreen Park School Playground Project. He explained this resolution would commit $15,000 to a project to construct a new playground at Evergreen Park School Mayor Paulson expressed his support of this project which was accomplished through the cooperation of many people and funding from several sources. RESOLUTION NO 92 -37 Member David Rosone introduced the following resolution and moved its adoption_ RESOLUTION AU M AUTHORIZING APPROPRIATION FROM THE CAP ITAL AN RI IMPROVEMENTS FUND FOR THE CTI'Y'S SHAKE OF THE COST OF THE EVERGREEN PARK SCHOOL PLAYGROUND PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION SUPPORTING A CULTURAL DI RSITY TRAINING PROGRAM The City Manager presented a Resolution Supporting a Cultural Diversity Training Program. He indicated this four phase program was initiated by the City of Brooklyn Park who conm'buted $5,000 as "seed money ". The total cost of the four phases for all five cities was ?124/92 -24. approximately $40,000. Grant applications have been submitted by the Government Training Services and INTER -RACE to several foundatiQns to cover the remainder of the project costs. Staff recommends approval of the proposed resolution. RESOLUTION NO, 92 -3$ Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING A CULTURAL DIVERSITY TRAINING PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmemher Pedlar, and seconded by Covncilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn tenter City Council adjourned at 11:13 p.m, Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Northern Counties Secretarial Service 2/14/92 -25. CITY OF BROOKLYN CENTER council Meeting Date March 9, 1992 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION 0 ITEM DESCRIPTION: MAYORAL APPOINTMENT OF WEED INSPECTOR ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: J". 0 a_00 Patricia A. P e, Deputy City Clerk MANAGER'S REVIEW/RECOMlIAENDATION: %` ' �~ � No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Each year Hennepin County requests the City to appoint a weed inspector. I recommend appointment of Ole Nelson from the parks maintenance department. Mr. Nelson performed the duties of the weed and tree inspector in 1991. • Minnesota State Deportment of Agriculture AGRONOMY SERVICES DIVISION 90 WEST PLATO BOULEVARD SAINT PAUL, MINNESOTA 55107 TELEPHONE: (612) 296 -6123 NOTICE OF APPOINTMENT OF ASSISTANT WEED INSPECTOR FOR CITY OR TOWNSHIP Ret; INSTRUCTIONS urn To GREGORY SENST Agricultural Inspector 1) SEND: Deoartment of Public Works 320 Washington Ave. Soutn 4 00Kjns. `.1N 55343 B) FIRST COPY TO YOUR COUNTY AGRICULTURAL INSPECTOR. C) SECOND COPY TO YOUR LOCAL CLERK. NAME OF PERSON APPOINTED APPOINTMENT LOCATION ORLANDER OLE NELSON ADDRESS CITY OR TOWNSHIP NAME 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER CIT1, STATE, ZIP CODE COUNTY BROOKLYN CENTER, MN 55430 HENNEPIN TELEPHONE kG. iINCLUDE AREA CODE) DATE OF APPOINTMENT 612 -569 -3300 JANUARY 1 1_992 IN ACCORDANCE WITH MINNESOTA STATUTES 18.231, PARAGRAPHS 2 AND 3, PERTAINING TO ASSISTANT WEED INSPECTORS, THE ABOVE -NAMED PERSON IS HEREBY APPOINTED TO BE ASSISTANT WEED INSPECTOR FROM THE DATE INDICATED UNTIL SUCH TIME AS THE MAYOR OR TOWN BOARD WISHES TO TERMINATE THE APPOINTMENT. THIS APPOINTMENT CONFERS ON THE APPOINTEE ALL THE DUTIES, AUTHORITY, AND PRIVILEGES OF ANY LOCAL WEED INSPECTOR AS OUTLINED BY LAW. SIGNATURE MAYOR OR CHAIR OF TOWNSHIP BOARD) TITLE DATE SIGNED Mayor STREET AUDHESS CITY AND STATE ZIP CODE 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 AC- 00187 -02 CITY OF BROOKLYN CENTER council Meeting Date 3/9/92 Agenda Item Number r5 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: MAYORAL APPOINTMENT: COMMUNICATIONS TASK FORCE DEPT. APP OVAL: "&Atz� &Ott n 4� Geralyn k. Barone, Personnel Coordinator MANAGER'S REVIEW/RECONIlVIENDATION: No comments to supplement this report Comments below /attached SUN MARY EXPLANATION: (supplemental sheets attached ) A few months ago, communications task force member Gale Tollin passed away. Dr. Fred Capshaw, chairperson of the task force, talked with Brooklyn Center resident Gerald Nelson about the vacancy on the task force. Nelson, who has an extensive communications background, has submitted an application for appointment to the task force. Resolution No. 91 -153, the enabling resolution for the task force, states that members of the task force shall be appointed by the mayor with majority consent of the city council. Attached is Nelson's application, and hopefully the mayor and council will confirm his appointments so he can participate in the next task force meeting scheduled for March 18, 1992. RECOMMENDED CITY COUNCIL ACTION Appoint Gerald Nelson as a member to serve on the communications task force. APPLICATION [APPADHOC] FOR APPOINTMENT TO THE BROOKLYN CENTER AD HOC COMMUNICATIONS COMMITTEE Name Address 7 l � '� �` ►. Street Zip Code Telephone Home 37 Work � 113 'eJ� Occupation fuib( 4 /pug Years lived in Brooklyn Center I have read the Cit Y `of Brookl yn Center Resolution No: 91 -153 which defines the purpose, authority, and responsibility of the Brooklyn Center ad hoc communications / committee . Yes Lam` No Comments I understand the importance of regular committee meeting attendance and p patron and feel I have the time available to be an active participant. Yes V No x. Comments Additional comments on my interest, experience, background, ideas, etc. &S., f l� 9 Signature Date At t �. Submit to: 'Ma or Todd Paulson y r f Brooklyn Cente C ' o r ..Y 3 01 yn - 6301 'Shingle Creek Parkway Brooklyn Center, MN 55430 r r CITY OF BROOKLYN CENTER council Meeting Date 3/9/92 Agcnda Item Numbcr REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Appointment of Election Judge for April 7, 1992, Presidential Primary DEPT. APPROVAL: A An Sharon Knutson, Deputy City Clerk MANAGERS REVIEW/RECOnBIENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) On February 24, 1992, a number of persons were appointed to serve as election judges for the April 7, 1992, Presidential Primary election. In order to comply with the state's party balance requirement (M.S. 20413.19, Subd. 5), one more absentee ballot precinct judge was needed. RECOMMENDED CITY COUNCIL ACTION Appoint Judy Keranen, 6406 Beard Avenue North, to serve as an absentee precinct election judge for the April 7, 1992, Presidential Primary. • CITY OF BROOKLYN CENTER Council Meeting Date March 9, 1992 Agenda Item N=ber REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROCLAMATION DECLARING MARCH 15-21,1992, AS CAMP FIRE BIRTHDAY WEEK PROCLAMATION DECLARING MARCH 8-14,1992, AS GIRL SCOUT WEEK PROCLAMATION DECLARING A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER DEPT. APPROVAL: P. PMAL-1 Patti A. Page, 0cputy City Clerk MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION PROCLAMATION DECLARING MARCH 15 -21, 1992, AS CAMP FIRE BIRTHDAY WEEK WHEREAS, Camp Fire, the national youth organization, will be celebrating its 82nd birthday on March 15, 1992; and WHEREAS, Camp Fire councils in the State of Minnesota teach boys and girls self- reliance and good citizenship; and WHEREAS, through contemporary programs and by speaking out on issues that affect youth and their families, today's Camp Fire is helping kids cope with their changing world; and WHEREAS, in Camp Fire, the choices and opportunities are wide open for boys and girls; and WHEREAS, through Camp Fire, young people are learning to develop confidence and to gain skills needed to become tomorrow's leaders; and WHEREAS, Camp Fire is commended for the opportunities its programs offer to young people in the City of Brooklyn Center and through the nation and for the many services these young people perform for their communities through Camp Fire. NOW, THEREFORE I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the week of March 15 through March 21, 1992, as Camp Fire Birthday Week in the City of Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Deputy Clerk PROCLAMATION DECLARING MARCH 8 -14 1992 AS GIRL SCOUT WEEK WHEREAS, On March 12, 1992, Girl Scouts of the USA celebrates 80 years of helping girls grow into confident and resourceful adults; and WHEREAS, Girl Scouts of the USA, three million members strong, is the largest nonprofit organization for girls in the world; and WHEREAS, The Greater Minneapolis Girl Scout Council coordinates activities for more than 23,000 girls in an eight- county area; and WHEREAS, Girl Scouting reaches out to girls of diverse culture heritage, including Asian, Hispanic, African - American and Native American; and WHEREAS, Girl Scouting provides an environment where girls can enjoy nature, learn to work together and gain leadership skills; and WHEREAS, Girl Scouting helps girls gain the self - esteem to make the right choices in their personal lives and in their careers; and WHEREAS, Girl Scouting helps girls to become outstanding citizens of our community; NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the week of March 8 through March 14, 1992, as Girl Scout Week. Date Todd Paulson, Mayor Attest: Deputy Clerk Seal PROCLAMATION e ' A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER WHEREAS, In 1952, an event was inaugurated by Christian Leadership Groups in the United States Senate and the House of Representatives; and WHEREAS, the Annual National Prayer Breakfast has become a time for the rededication of the individual and the Nation to God; and WHEREAS, many states and local communities have sponsored similar events at the state and local level; and WHEREAS, a volunteer committee of concerned citizens have joined together as the Brooklyn Center Prayer Breakfast Committee, Inc., to stage an annual Brooklyn Center Prayer Breakfast for a similar rededication of local community leaders and business representatives and our City to high Judeo- Christian ideals; and WHEREAS, the committee is planning the Fourteenth Annual Brooklyn Center Prayer Breakfast on the 21st day of March, 1992; and WHEREAS, this years event will be held at the Earle Brown Heritage Center; and WHEREAS, John Campbell, Minnesota Viking and dedicated Christian layperson, will be the featured speaker. NOW BE IT HEREBY PROCLAIMED, by the Brooklyn Center I City Council: 1. That Saturday, March 21, 1992, be designated as "A Day of Spiritual Rededication in Brooklyn Center "; 2. That it calls upon all citizens to reflect upon our heritage and join in quiet reverence and dedication; and 3. That it calls upon the citizens of Brooklyn Center to join hundreds of their neighbors and fellow citizens at the Annual Prayer Breakfast on Saturday, March 21, 1992, at the historic Earle Brown Heritage Center. Date Todd Paulson, Mayor ATTEST: Clerk CITY OF BROOKLYN CENTER Council Meeting Date 3/9/92 Agenda Item Number 1� REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE AMENDING CHAPTER 5 REGARDING THE FIRE DEPARTMENT AND FIRE PREVENTION AND A RESOLUTION APPROVING AMENDMENTS TO THE FIRE DEPARTMENT BYLAWS DEPT. APPROVAL: Geralyn R. crone Personnel Coordinator -- MANAGER'S REVIEW/RECOnAIENDATION: 7�dJA No comments to supplement this report Comments below /attached SUNIlVI[ARY EXPLANATION: (supplemental sheets attached ) This ordinance amendment is scheduled for a second reading on March 9, 1992. If the ordinance amendment is approved for a second reading, the council should consider passing the resolution which amends the fire department bylaws. At the first reading on February 10, 1992, there were some questions related to the appointment of the fire chief (Section 5 -108). The amended language references Section 17 -104 of City ordinances, which in turn references the City charter. A copy of the applicable sections of the ordinance and charter are attached for your information. RECOMMENDED CITY COUNCIL ACTION Approve for a second reading An Ordinance Amending Chapter 5 Regarding the Fire Department and Fire Prevention and pass A Resolution Approving Amendments to the Fire Department Bylaws. . nn l� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING BYLAWS OF THE CITY OF BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT WHEREAS, City of Brooklyn Center Ordinance No. 92- amended chapter 5 of the City ordinances regarding the fire department and fire prevention; and WHEREAS, the City Council wishes to approve amendments to the bylaws of the Brooklyn Center volunteer fire department to make the bylaws consistent with the ordinance amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the bylaws of the City of Brooklyn Center volunteer fire department are hereby amended and dated 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 ORDINANCE 17 -103 1. The following offices and positions shall be wholly exempt from the provisions of this ordinance. a. Officials elected by the people. b. Members of boards and commissions. C. Volunteer members of the Fire Department. d. City Manager. e. City Attorney. 2. Employees covered by formal labor contracts with the City shall be exempt from those provisions of this ordinance which are in conflict with labor contract provisions and such employees shall be limited to the benefits Provided in such labor contracts. Section 17 -104. APPOINTMENT PROCEDURE AND CONDITIONS. 1. By City Manager. All appointments to positions in municipal service shall be made by the City Manager according to merit and fitness, consistent with the provisions of the City Charter. 2. Employment of More than One Family Member. More than one family member may not be employed within any department where they routinely interact with each other in the course of business or where one may influence the work or working conditions of another; nor may relatives be placed where they will work under the direction of the same immediate supervisor. (In the application of this policy, a person shall be regarded as related if such person is a brother, sister, spouse, the lineal ancestor or descendant of the prospective employee, Qr the husband or wife of any such brother, sister, ancestor or descendant, or the first cousin, or the spouse of the first cousin of the prospective employee..) 3. Residency Policy. Emergency public safety response requirements dictate that a reasonable public policy be established for police officer residency. It is thereby declared that within eighteen months after original appointment, police officers shall comply with the following residency requirements: All sworn personnel must establish his or her residence so that the driving time between his or her residence and the police station will be no more than thirty (30) minutes. Any officer residing east of the Mississippi River, and who would use either Interstate 694 Bridge or the Camden Bridge in Minneapolis, must establish his or her residence so that the driving time from his or her residence to either of the aforementioned bridges is no more than fifteen (15) minutes. CITY CHARTER Manager shall be a citizen of the United States and shall be appointed for an indefinite period. The City Manager shall be removable by the Council at will, provided, however, that if removed at any time after one year of service, the City Manager may, within fifteen (15) days after such removal, demand written charges and a public hearing on the same before the Council; but pending and during such hearing, the Council may suspend the City Manager from office with or without pay. Such public hearing shall take place within thirty (30) days after the demand for the same and the written charges shall be furnished to the City Manager by the Council at least ten (10) days before the hearing. During the suspension, absence or disability of the City Manager, or in case of a vacancy in the office of the City Manager, the duties of said office shall be performed by some properly qualified person designated by the Council as acting manager. Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER Subdivision 1. Subject to the provisions of this charter, any Council regulations consistent therewith, and other applicable laws, the City Manager shall control and direct the administration of the City's affairs. The City Manager shall have the powers and duties set forth in the following subdivisions. Subdivision 2. The City Manager shall see that this charter and the laws and resolutions of the City are enforced. Subdivision 3. (a) Subject to the provisions of paragraphs (b) and (c) of this Subdivision, the City Manager shall appoint, upon the basis of merit and fitness and may suspend or remove upon the basis of merit and fitness, and upon the provisions of all applicable ordinances, all officers and employees of the City, except the City Attorney w e Dointment and removal shall be at t discretion of the Council Appointment and removal of department heads shall e made final only upon a majority vote of the Council. (b) The Fire Chief shall be appointed from the members of the Fire Department. Procedures for the appointment, suspension and removal of the Fire Chief shall be set forth in paragraph (a) of this Subdivision. (c) Appointments and promotions of all other members of the Fire Department shall be by the Fire Chief but shall be made final only upon approval of the City Manager. Suspension and removal of all other members of the Fire Department shall be by the Fire Chief with the prior approval of the City Manager. All appointments, promotions, suspensions and removals of Fire Department members shall be on the basis of merit and fitness and upon the provisions of all applicable ordinances. Subdivision 4. The City Manager shall exercise control over all departments and divisions of the City administration created by this charter or by the Council. Subdivision 5. The City Manager shall attend all meetings of the -11- DRAFT 2/10/92 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , , at P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 5 Regarding the Fire Department and Fire Prevention. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 REGARDING THE FIRE DEPARTMENT AND FIRE PREVENTION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 5 of the Brooklyn Center City Ordinances is hereby amended as follows: Section 5 -100 PURPOSE. It is the purpose of this ordinance to provide for and maintain a volunteer fire department comprised of part -time members and full -time members as authorized by the city council Section 5 -102 DEFINITIONS AND GENERAL PROVISIONS. b. Residency: [Except for temporary nonresidency approved by the fire chief, firefighters shall reside within the City.] Residency requirements are as established by fire department rules and regulations and approved by the city manager. d. Retirement: Firefighters shall retire at age [56 provided, however, that firefighters who were members of the Fire Department on June 1, 1967, may serve until age 60.] 60. Administrative personnel shall retire at age 65. e. Complement: The complement of the fire department shall consist of one fire chief and not more than 40 firefighters, which number may be altered by resolution of the city council, upon recommendation to the fire chief. The complement does not include probationary firefighters, the number of which is within the discretion of the fire chief. f. Fire Chief A [volunteer] firefighter from the Brooklyn Center fire department [chosen] appointed by the cif manager to act as head of the fire department. [g. Aggrieved Person: The firefighter affected by an appointment, rejection, suspension, demotion, discharge or other action of the city manager from which an appeal is provided.] -1- [h] Z. Oral Interview Report: The written summary of a discussion of job - related subject matter, uniformly conducted with all applicants, resulting in a composite numerical score which shall receive no more than [60%] 407. weight in the appointment or approval. [i] h. Personnel Report: A compilation of job- related performance standards including length of service, number of meetings, drills and fire calls attended, hours of fire training and education, disciplinary actions, commendations, service awards, and other similar performance standards, resulting in a composite numerical score which shall receive no more than [60%] 207. weight in the appointment or approval. [j] i. Peer Evaluation Report: A report assessing those personal qualities related to the successful performance of the job for which the applicant is being considered, resulting in a composite numerical score which shall receive no more than [30 %] 40% weight in the appointment or approval. [k. Fact Finding Hearing: A hearing before the city council designed to establish the facts underlying a judgment or decision.] [1] 1. Classification: Fire department members shall be classified as probationary firefighters, regular firefighters, inspectors and officers. [m] k. Officers: Fire department officers shall consist of a fire chief, an assistant fire chief, one or more district chiefs and captains, [a fire marshal] and such other officers deemed necessary by the fire chief, all of whom shall be regular firefighters. 1. Administrative Personnel: Administrative- personnel shall consist of a fire chief, an assistant fire chief, and one or more district chiefs. [n] M. Determination of Merit and Fitness: The appointment procedures set forth herein shall determine merit and fitness and shall be the exclusive procedures for that purpose. [o] D. Criteria of Merit and Fitness: The subject matter covered in oral interview, personnel report and peer evaluation shall be compiled by the fire department with the assistance of the city['s administrative assistant for personnel] manager or the city manager's designee [and shall be included in the bylaws of the fire department] . The said subject matter and the procedures for appointment, promotion, discipline, suspension and removal shall comply with State and Federal Equal Employment Opportunity Laws and Regulations. Section 5 -103, PROBATIONARY FIREFIGHTERS. a. Recruitment: When the fire chief shall determine that additional probationary firefighters are required, and the number so required, the fire chief shall cause public notice thereof to be posted at five public places throughout the City and published in the official newspaper of the City, said posting and publishing to continue for three consecutive weeks. In addition -2- thereto, the fire chief, with the aid of the city['s administrative assistant for personnel] manager or the citv manager's designee shall develop and implement an affirmative action program designed to bring these employment opportunities to the attention of all citizens of Brooklyn Center, including minorities and women, in accordance with the Minnesota Human Rights Act and the regulations of the Equal Employment Opportunity Commission. [e. Appeal: Any person aggrieved by the city manager's approval or rejection may, within 15 days of written notice of said appointment or rejection, file a notice appealing said decision to the city council for a fact finding hearing.] [f] e. Duties: The duties of probationary firefighters shall be the training for and execution of fire suppression first responder medical care and fire prevention activities under the direction of the fire department as prescribed by the fire chief. Section 5 -104. REGULAR FIREFIGHTERS. [d. Appeal: Any person aggrieved by the city manager's approval or rejection may, within 15 days of written notice of said appointment or rejection, file a notice appealing said decision to the city council for a fact finding hearing.] [e] d. Duties: The duties of the regular firefighters shall be the training for and execution of fire suppression _,first responder medical care and fire prevention activities as prescribed by the fire department under the direction of the fire chief. Section 5 -105. INSPECTORS /TRAINING OFFICERS b. Duty Assignments: All eligible firefighters wishing to be assigned duty as an inspector or training officer shall notify the fire chief in writing, stating whether they prefer fire inspection or the conduct of drills, exercises and training maneuvers. Eligible firefighters shall be given duty assignments [on a rotation, lottery, or random selection basis] by the fire chief on the basis of merit fitness and the needs of the department Section 5 -106. OFFICERS. C. Duties: The duties of captains and district chiefs selected by the fire chief from the regular firefighters shall be the supervising and directing of fire suppression and first responder medical care and fire prevention operations and other activities as the fire chief shall deem necessary. d. Exception: This section shall govern the selection of all officers except [the fire marshal,] the assistant fire chief and the fire chief. Section 5 -107 ASSISTANT CHIEF [AND FIRE MARSHAL]. One assistant chief [and one fire marshal] shall be appointed to a term of four years and shall -3- be described as follows: a. Recruitment: Any member of the fire department complement [having more than six years service as a regular firefighter] is eligible to be appointed assistant chief [or fire marshal] , subject to performance standards set by the fire department for attendance at fire calls, meetings and drills, job- related education [and] training and experience qualifications, knowledge of fire department procedures and knowledge of applicable fire codes. Ninety days before the end of a term of office of the assistant chief [or fire marshal], the fire chief shall post notice thereof for a period of four weeks at each fire station. Any eligible member of the fire department complement wishing to make application for appointment to the position of assistant chief [or fire marshal] shall so notify the fire chief in writing within 10 days of the posting of the final notice, stating the position for which application is made. b. Oral Interview Reports (andl Personnel Reports and Peer Evaluation Reports: Pursuant to bylaws governing the internal affairs of the fire department, the fire department shall conduct with each applicant job- related oral interviews and investigations, and the fire department shall prepare a written supplemental personnel report, an oral interview report and a peer evaluation report based thereon which set forth objective statements of the applicant's job - related qualifications or lack thereof and which may contain a ranking of all applicants in order of preference. C. Appointment of the Assistant Chief (and the Fire Marshall: The oral interview report, the peer evaluation report and the supplemental personnel report shall be forwarded to the fire chief who may conduct further interviews r sews either ersonall or a P y y panel of qualified persons [as set forth in Section 5 -108, paragraph (d) of this ordinance]. The fire chief shall appoint or reject the applicants within 30 days on the basis of merit and fitness, notifying the city manager of the decision. The fire chief shall forward the oral interview reports, the peer evaluation reports, and the supplemental personnel reports to the city manager, who shall approve or reject the appointments within 30 days upon the basis of merit and fitness, notifying the fire chief of the decision. Failure of the city manager to so appoint or reject within 30 days shall constitute the city manager's agreement to the fire chief's appointment. The fire chief shall so notify each applicant in writing. [d. Appeal: Any person aggrieved by the city manager's approval or rejection may, within 15 days of written notice of said appointment or rejection, file a notice appealing said decision to the city council for a fact finding hearing.] [e] d. Duties: [2. Fire Marshal: The fire marshal shall be in charge of the bureau of fire prevention and shall be responsible for its operations, the enforcement of the fire reventio n code and the P h enforcement of all ordinances and laws relating to fire prevention and safety, together with such other duties -4- I as may be delegated or assigned by the fire chief.] [3. Fire Prevention: The fire marshal shall perform the fire prevention duties set out in Sections 5 -202 through 5 -211 of City Ordinances and shall be responsible for the operation of the bureau of fire prevention, together with all other laws, ordinances and regulations dealing with the suppression and prevention of fires.] Section 5 -108. FIRE CHIEF. One fire chief shall be appointed [to a term of four years and described as follows:] by the city manager in accordance with Section 17 -104 of City Ordinances a. Recruitment: Any member of the fire department complement [having more than six ix ears sere" g y ice as a regular firefighter] is eligible g g ] to be g appointed fire chief, subject PP b'e t to performance � p ance standards set by the fire department for attendance at fire calls, meetings and drills, job- related education [and] training and experience qualifications and knowledge of fire department procedures and knowledge of applicable fire codes. Notice of position opening shall be posted at each fire station [One hundred twenty days before the end of a term of office of the fire chief, the assistant fire chief shall post notice thereof for a period of four weeks at each fire station. Any eligible member of the fire department complement wishing to make application for appointment to the position of fire chief shall so notify the assistant fire chief in writing within 10 days of the posting of the final notice.] [d. Appeal: Any person aggrieved by the city manager's approval or rejection may, within 15 days of written notice of said appointment or rejection, file a notice appealing said decision to the city council for a fact finding hearing.] i [e. Approval: The city manager shall immediately notify each member of the city council of the appointment and shall cause to be placed on the city council's agenda at its next regular meeting, the question of the final approval of the appointee. The term of the said appointee shall commence only after final approval by the city council. If final approval does not occur before the expiration of the term of office of the incumbent fire chief, said incumbent shall hold office until a successor is appointed and given final approval by the city council. In any case in which an appeal is filed, said appeal shall be heard and determined before the question of the final approval of the appointee is considered and determined.] d. Duties: Duties of the fire chief shall be pursuant to fire department rules and regulations governing the internal affairs of the fire department. [f. Duties: ] [1. Supervision of Firefighters: The fire chief shall supervise and direct all firefighters and shall be responsible for establishing and enforcing rules of conduct for firefighters.] -5- [2. Keeping of Equipment: The fire chief shall have control over all of the equipment and apparatus mainta" P fined PP b the fire department, y and P shall be responsible for the care and condition of the equipment and the fire station.] [3. Annual Fire Department Report: The fire chief shall, within reasonable time after the close of the fiscal year, make an annual report to the city manager and to the city council setting forth the activities of the fire department during the preceding year. The fire chief shall also submit such additional reports and recommendations as the fire chief or the city manager may from time to time deem necessary.] [4. Annual Budget Report: The fire chief shall annually prepare and submit to the city manager a budget setting forth the anticipated needs of the fire department for the ensuing year.] [5. Annual Fire Prevention Report: The fire chief shall annually present to the city manager a statement of objectives which shall define a fire prevention program and which shall be responsive to the fire prevention goals as established by the city council. Said statement of objectives shall include a brief explanation of each objective and the goals to which it contributes; an objective measurement of the extent to which the objective has been accomplished; a time schedule for the accomplishment of each objective with intermediate milestones for its final accomplishment; an estimate of the working hours required and the costs necessitated by the accomplishment of each objective. Upon mutual agreement between the city manager and the fire chief as to the statement of objectives and the approval of funding therefor, the fire chief shall be responsible for assuring their accomplishment. The fire chief shall provide periodic reports to the city manager concerning progress toward the defined milestones and corrective actions taken. Corrective actions may include extending schedules, reallocation of the firefighters' working hours, modifying objectives, or other alternatives mutually agreed upon between the city manager and the fire chief.] [6. Training and Drills: The fire chief shall be responsible for the proper training of firefighters and shall schedule at least four hours of drills per month and shall give the firefighters instructions in the approved methods of firefighting and fire prevention.] [7. Keeping of Records The fire chief shall keep in convenient form a complete record of all fires. Such forms shall include the time of the alarm, the location of the fire, cause of the fire (if known), type of building, name of owner and tenant, purpose for which occupied, estimated loss or damage, names of firefighters responding to the alarm, and such other information as may be deemed advisable or as may be required from time to time by the city manager or the State Department of Insurance.] [8. Bylaws: The fire chief, within the terms of this ordinance, and with the advice and consent of the-firefighters, shall prepare and amend bylaws governing the internal affairs of the fire department. The bylaws and amendments thereto shall become effective after f r rev' iew by the city manager -6- and upon their adoption by resolution of the city council.] [9] e. Rules. Regulations and Efficiency' The fire chief, with the advice and consent of the firefighters, shall formulate a set of rules and regulations to govern the operational functions of the fire department and to aid in the maintaining of discipline, morale, efficiency, and motivation of the firefighters. Such rules and regulations shall become effective upon approval of the fire department. Section 5 -109. DISCIPLINE AND DISCHARGE PROVISIONS. All firefighters shall be subject to verbal reprimand, written reprimand, discipline, suspension, demotion or discharge as follows: a. Discipline by the Fire Chief: All firefighters are subject to discipline by the fire chief in the form of oral reprimands, written reprimands, and other forms of discipline approved in the bylaws of the internal affairs of the fire department for just cause connected with the fire service. All firefighters are subject to discharge, demotion and suspension by the fire chief on the basis of merit and fitness connected with the fire service, with prior approval of the city manager. [Any firefighter disciplined by a suspension may appeal said suspension to the membership of the fire department in accordance with the bylaws governing the internal affairs of the fire department.] b. Suspension by the City Manager: The fire chief is subject to discipline, suspension, p p ion, and removal, on the basis of merit and fitness connected with the fire service, by the city manager. [Removal of the fire chief shall be made final only upon a majority vote of the city council.] [c. Appeal: Any person aggrieved by any discharge, demotion or suspension by the city manager or the fire chief may appeal to the city council for a fact finding hearing within 10 days of written notice of such discharge, demotion or suspension. A written statement setting forth the basis of the discharge, demotion or suspension shall be provided to such aggrieved person upon the filing of such appeal.] [d] c. Commencement of Discharge Demotion or Suspension Proceedings: Proceedings for the discharge, demotion, or suspension of any firefighter may be commenced by initiation of the city manager, by the fire chief with city manager approval, or by the fire department to the city manager, in accordance with the bylaws governing the internal affairs of the fire department. [ Section 5 -110. APPEAL PROCEDURE. Appeal is perfected by filing a written statement thereof with the city clerk during regular business hours within the period of time allotted for the notice of appeal in the ordinance. The statement shall identify the decision or order appealed from and shall contain a simple and concise statement of the grounds of the appeal.] [a. Duties of the City Clerk: Within 10 days of receipt thereof, the city clerk shall determine whether or not the statement of appeal is timely filed. The city clerk may request additional information from the appellant in order to clarify the grounds of the appeal. The clerk shall forward a copy -7- thereof to the city manager and cause the original thereof to be placed on the agenda of the city council at its next scheduled meeting.] [b. Council Procedure: The city council shall acknowledge receipt of the appeal and set a date for a hearing thereon. The city council may hear and determine the facts as a committee of the whole, or may delegate such responsibility to a hearing officer.] [c. Hearing Procedure: Procedure at the fact finding hearing shall be governed by the Administrative Procedure Act, Sections 15.0418 and 15.0419, Minnesota Statutes (1974). The appellant may be represented by counsel and the city administration shall be represented by the city attorney.] [d. Findings of Fact: The city council or the hearing officer shall hear the evidence, shall resolve any material conflicts in the evidence, shall prepare a written summary of the evidence, and shall prepare a written statement of the relevant facts which are found to be true. Any summary of evidence and findings of fact prepared by a hearing officer shall be reviewed by the city council, and the city council shall make an independent judgment of the facts it finds to be true. The city council may refer the case back to the hearing officer for further proceedings. Upon determining that the facts found by the hearing officer are true, the city council shall give its approval.] [e. Termination of Appeal: Copies of the summary of evidence and findings of fact shall be forwarded to the appellant and to the city manager, which shall end the appeal procedure. The appellant may obtain judicial review by writ of certiorari to the district court based upon a full transcript of testimony taken at the hearing, the summary of evidence, and the findings of fact.] Section 5 -110. APPEAL PROCEDURE Any firefighter may appeal a discharge, demotion or suspension first according to the fire department rules and regulations. Failing at this level the firefighter may then appeal to the city manager for disposition Failing at that level the firefighter may present the grievance to the Public Employment Relations Board pursuant to state law. It is the policy of the City of Brooklyn Center and the Brooklyn Center fire department to deal promptly and fairly with any grievance or appeal arising out of employment with the fire department The time frame within which appeals must be filed at each level shall be defined by the fire department rules and regulations. Section 5 -111. REGULATIONS GOVERNING CONDUCT AT THE SCENE OF A FIRE EMERGENCY. b. Spectators at Emergency Scene: The officer of the fire department in command at the scene of any fire or other emergency shall have the authority to establish an emergency zone within which no person except members of the fire department, police department, or authorized members of the [civil defense] emergency preparedness department shall enter, unless directed or permitted to do so by such officer in command. No unauthorized person shall enter upon the premises which is the scene of a fire or alarm of fire, or other -8- emergency, unless and until directed or permitted to do so by the fire department officer in command. d. Police Powers of Fire Department Personnel: At all times when the fire department is engaged in traveling to a fire or to the scene of an alarm of fire, or is present at a fire, or the scene of an alarm of fire, or other emergency, all officers of the fire department shall be vested with police powers and authority to enforce the provisions of this ordinance and to make arrests for the violation thereof. The fire department officer in command at the scene of a fire or a rescue emergency shall have the authority to dire t g Y y direct e h operations of all police and [civil defense] emergency preparedness personnel present at the scene. The fire chief or the fire chief's designated representative [and the fire marshal are] is hereby vested with all police powers necessary to investigate the cause, origin and circumstances of any fire, or alarm of fire, or other emergency requiring the attention of the fire department. Section 5 -201. ADOPTION OF FIRE PREVENTION CODE. [There is hereby adopted by the City of Brooklyn Center for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the fire prevention code recommended by the National Board of Fire Underwriters, being particularly the 1970 edition thereof, save and except such portions as are inconsistent with other City Ordinances, of which code not less than three copies have been and now are filed in the office of the clerk of the City of Brooklyn Center, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Brooklyn Center.] a. Purpose and Intent of Fire Regulations' It is the purpose and intent of the fire regulations to promote high standards of quality in the construction and maintenance of buildings to improve the tax base with well constructed and well maintained buildings and to enhance the value and condition of property within the City of Brooklyn Center. It is not the intent of these fire regulations to provide compensation to victims of fire to guarantee absolute compliance with all fire regulations or to indemnify owners of private property against loss occasioned by their failure to comply with fire regulations. b. Adoption of Codes and Standards' There is adopted and incorporated herein by reference as an ordinance of the City' 1. The Uniform Fire Code as promulgated by the International_ Conference of Building Officials and Western Fire Chiefs' Association (1991 Edition) is incorporated by reference and made part of Minnesota Rules_ 7510.3100 to 7510 3280 per Minnesota Statutes Section 299F.011 together with Appendices I -A I -B I -C II -A II -B, II -D, III -A, III-B. III C IV -A. VI -B. VI-D.- (which code is hereafter referred to as the UFC code with changes and omissions hereinafter set forth): and -9- 2. Adoption of National Fire Code Whenever the Uniform Fire Code, as amended by parts 7510 -3100 to 7510 -3280 is silent on any subject for any reason in any situation the provision of protection shall be in accordance with National Fire Code 1988 Standards Numbered 13 13A 13D 13R 14 20, 71, 72A, 72B 72C 72D, 72E 72F 74 101 231 231C 231D and 231F and their appendices, issued by the National Fire Protection Association (Quincy Massachusetts 1988) which are adopted by reference as part of this code as though set forth herein in their entirety_ c. Codes on file: The city clerk shall file one (1) copy of the Uniform Fire Code 1991 Edition and one (1) copy of those parts of the National Fire Code referred to in section (2) of this Section marked "Official Copy" in his or her office and the copies shall be kept available for public inspection d. Definitions: 1. Whenever the word jurisdiction is used in the UFC it shall mean the City of Brooklyn Center. 2. Whenever the term "corporate counsel" is used in the UFC, it shall mean the attorney for the City of Brooklyn Center. 3. Whenever the term "chief" is used in the UFC it shall mean the chief of the Brooklyn Center fire department or the fire chief's designated representative PREVENTION. Section 5 -202. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE 2. The fire [marshal] chief or the fire chief's designated representative shall be in charge of the bureau of fire,prevention. Section 5 -203. MODIFICATIONS. The fire [marshal] chief shall have power to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the fire [marshal] chief thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. Section 5 -204. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The [city council] city manager, director of plannin and inspection, building official fire inspector, and the chief of the fire department [and the fire marshal] shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, rocesses or P occupancies, p which shall require permits, in addition to 4 P , those now enumerated in said code. The fire [marshal] chief shall post such list in a conspicuous place (in his office ] , upon approval or denial by the committee and distribute copies thereof to interested persons. -10- a. Appeal: Whenever the committee shall disapprove an application or refuse to grant the permit applied for, or when it is claimed that the provisions of the Uniform Fire Code do not apply, or that the true intent and meaning of the Code has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the committee to the city council, within thirty (30) days of the date of the decision. b. Permit Fees: The fees for any permit required by this ordinance and for each annual renewal thereof, shall be established by resolution by the city council of Brooklyn Center. All permits, unless otherwise noted, shall expire one year from the date of issuance. C. Amendments to the UFC: 1. Article 4 "Permits and Certificates" of the UFC is included in it's entirety with the following change: a) Section 4.101, No 22 Hazardous Material amended to read: 1. Class 1. A general hazard and fire safetv inspections require a special hazard permit. 2. Class 2. A special hazard inspection involving various hazardous materials, or processes in the occupancies of buildings generally less than 3,000 square feet in area. 3. Class 3. A specialized hazard inspection primarily directed at, but not limited to, buildings or occupancies 3,000 square feet or more where any of the following are present: a. Multiple hazards. b. Storage, handling or processes involving dangerous or hazardous materials, substances or processes. C. Occupancies in which evacuation or high valuation presents unique circumstances, 2. The following sections of Article 10, "Fire Protection" of the UFC are amended as follows: (a) Section 10.307 (A) of the UFC is amended by adding a new paragraph which shall read as follows: If doors located in area separation walls, or fire doors installed in stairways, or smoke barrier doors are to be kept open, they shall be held open by electric magnetic door holders that are controlled and released by smoke detectors. (b Section 10.307 (C) of the UFC is amended to read as follows: (e) Standard for installation, inspection, and maintenance of fire alarm system shall be according to standards in the UFC and NFPA. -11- 3. The following section of Article 11 "General Precautions Against Fire" of UFC is amended as follows: (a) Section 11.204 of UFC is amended by identifying the first paragraph as (A) and adding a new paragraph to read as follows: (B) Test to establish flame retardant quality shall be as provided in NFC standard NFPA No. 701. I d. Minimum Standards: Whenever the UFC fails to be specific about a device or appliance it shall have a minimum standard of being UL "Underwriter Laboratory" approved. e. Fires and Barbecues on Balconies or Patios: In any structure containing three or more dwelling units no person shall kindle maintain or cause any fire or open flame on any balcony above ground level or on any ground floor patio within fifteen (15) feet of the structure 1. Fuel Storage Prohibited: No person shall store or use anv fuel. liquid or compressed gas barbecue torch or other similar heating or lighting chemical or device in the locations designated in subsection (e) 2. Exception: Listed electric or gas -fired barbecue grills that are permanently mounted wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides, unless listed for lesser clearances may be installed on balconies and patios when approved by the fire chief. f. Fire Alarm Systems and Smoke Detectors: 1. Standards for installation inspection and maintenance of the fire alarm system shall be according to the standards in NFC 2. Whoever shall render a smoke detector or fire alarm system inoperable by removing the battery or disconnecting or dismantling the detector, or fire alarm system in any rental commercial or business unit is guilty of a misdemeanor. 3. All battery- operated smoke detectors shall be removed from all rental units and replaced with smoke detectors hard wired into the units' 110 volt electrical system by December 31 1993 g Incident Control Costs: Every person firm or corporation that is not a resident of the City or the owner of real property in the City subiect to real property taxes shall be liable for all incidents or preventing the spread, or extinguishing any fire caused by or resulting from his her, or its acts. negligence or omissions The fire chief shall keep a record of the -12- cost including work done by firefighters and other City employees and equipment The fire chief shall then bill the person firm or corporation liable for the fire. No license of any person firm or corporation liable for the expenses incurred in fire control as provided above shall be renewed if the licensee is default in payment of any bill hereunder. h. Interpretation and Conflict with the Minnesota State Building Code: In the event of a conflict between the provisions of the UFC or the NFC and the provisions of this ordinance the more stringent provisions shall apply provided however, that no provision of this ordinance shall be interpreted to exceed the requirement of the Minnesota State Building Code as adopted by the ordinance of the City of Brooklyn Center. Section 5 -205. RIGHT OF INSPECTION. The chief of the Brooklyn Center fire department or any member of the fire department designated by [him] the fire chief as an inspector[, of the fire marshal,] may, at reasonable hours, enter any building or premises for the purpose of making any inspection which [he] the fire chief deems necessary to be made. Section 5 -302. FIRE EXTINGUISHING SYSTEMS REQUIRED. Every story, basement, or cellar in every building hereafter erected in the I -1 (Industrial Park) , I -2 (General Industry) , Cl (Service Office), C1A (Service /Office), and C2 (Commerce) zoning districts shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Standard, N.F.P.A. No. 13. Every story, basement, or cellar in every building exceeding three stories in height hereafter erected in any residential (R1 through R7) district shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Standard, N.F.P.A. No. 13. The fire extinguishing system [shall be connected to the City of Brooklyn Center remote station fire alarm system according to the provisions of Section 5 -501 through 5 -505 of the City Ordinances or] shall be connected to a central station system approved and listed by Underwriters Laboratories, Inc. and shall remain so connected and maintained during the life of the building. Section 5 -501. INSPECTIONS OF VENTILATION SYSTEMS. Cleaning. Any Persons, firms, or corporations performing ventilation system cleaning in the City of Brooklyn Center shall, prior to ventilation system cleaning at least five days in advance obtain a permit from the Bureau of Fire Prevention for each job and pay a permit fee as established by resolution by the city council of Brooklyn Center. Upon completion of each job said persons companies or corporations shall notify the Bureau of Fire Prevention of the completion of the job and prior to leaving the job site allow for inspection of work by a member of the Bureau of Fire Prevention. Section 5 -502. PROHIBITED VEHICLES. It shall be illegal to park, store, or leave unattended on any street highway avenue alley or parking lot within the limits of the City of Brooklyn Center any vehicle carrying flammable or combustible liquids including but not limited to LP or propane or containing explosives or blasting agents or containing hazardous material or poisonous gases. This shall not prevent a driver from transferring_ the product -13- to or from the vehicle or a necessary absence from the vehicle in connection with the driver's normal duties, nor shall it prevent stops for meals. Vehicles that have become disabled due to mechanical failure must be removed within three hours. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted the day of , Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) -14- DEPARTMENT OF PUBLIC SAFETY O FIRE MARSHAL DIVISION FIRE SAFETY CHAPTER 7510.3100 — 7510.3280 O Extract from Minnesota Rules 1989, including Amendments adopted through September 25, 1989 & Miscellaneous Statutes Printed 11 / 89 Month Year O 7510.3120 RULES AND STANDARDS ADOPTED BY AEFE ENCE. The Uniform Fire Code, as promulgated by the International Conference of Building officials, and the Western Fire Chiefs Association (''shittier, California, 1988) is incorporated by reference and made a part of Minnesota Rules pursuant to statutory authority, subject to the alterations and amendments in parts 7510.3100 to 7510.3280. The Uniform Fire Code is not subject to frequent charge and is available at the State Law Librar!, 117 University Avenue, Sairit Paul, Minnesota 55155. STAT RUTH: MS s 299F.011 HIST: 14 SR 847 i 7510.3130 ARTICLE 1 OF UNIFORM FIRE CODE. Sec. 1.1 =1 of the Ur-ifcrm Fire Code is amended to :ead: Sec. 1.101. This code stall be known as the Minnesota Uniform Fire Ccde, may to cited as such, and will be referred to herein as "t: code." STAT AUTH: MS s 299F.011 HIST: 14 SR 847 7510.3140 ARTICLE 2 OF UNIFORM FIRE CODE. Subpart 1. Sec. 2.102. Sec. 2.102 of the Uniform Fire Code is amended to read: Sec. 2.102. (a) Local Government Amendments to Article 2. Any jurisdiction which adopts this code is authorized to make amendments, by ordinance or regulation, to Article 2 hereof to provide for a system of enforcement and administration within the jurisdiction. These amendments shall be equal to, in i addition to, or more stringent than this code. None of the existing provisions of Article 2 shall be changed nor shall any amendment be made which interferes with the intent of the existing provisions nor the state fire marshal's duties and powers thereunder. (b) Local Government Rules. Any jurisdiction which adopts this code is authorized to adopt, by ordinance or regulation, rules for the prevention and control of fires and fire hazards as may be necessary from time to time, to carry out the intent of this code, and which may be more restrictive than this code when the rules are necessary to protect life or property in the community. The governing body may adopt this cede by ordinance. One certified copy of the ordinance containing the rules shall be filed with the clerk of the jurisdiction and shall be in effect immediately thereafter, and additional copies shall to kept in the office of the fire department fcr distribution to the putlic. , (c) Chief Defined. Wherever the term "chief" appears in Articles 2 to 87 or in the Appendix of this code, it shall mean t state fire marshal, except that it shall also include the chief of any jurisdiction adopting this code. Subp. 2. Sec. 2.103. Sec. 2.103 of the Uniform Fire Code is amended to read: Sec. 2.103. A fire prevention bureau may bet established within the fire department under the direction of the fire f chief, which shall consist of such fire department personnel as j may be assigned thereto by the fire chief. The function of this it bureau shall be to assist the fire chief in the administration ? and enforcement of the fire prevention provisions of this code. Subp. 3. Sec. 2.202. Sec. 2.202 of the Uniform Fire Code is amended to read: Sec. 2.202. (a) Investigation. The fire department of any jurisdiction adopting this code shall investigate prcT-ptly the cause, origin, and circumstances of each and every fire 10 f occurring n the municipality I loss of life or injury 9 P s g to person or destruction or d_mage to property, and if it ! appears to the memte:s of the fire department making the I investigation that such Eire is of suspicious origin, they shall 1 then take immediate charge of all physical evidence relating to the cause of fire, shall notify the proper authorities designated by law to pursue the investigation of such matters, and shall cooperate with the authorities in the collection of i evidence and in the prosecution of the case. The chief shall make a report in writing to the state Eire marshal of all facts and findings relative to each investigation. (b) Police Department Assistance. The police department may assist the fire department in its investigation whenever requested to do so. Subp. 4. Sec. 2.205. Sec. 2.205 of the Uniform Fire Code is amended to read: Sec. 2.205. Any order or notice authorized or required by this code shall be given or served upon the owner, operator, occupant, or other person responsible Eor the condition or violation either by oral notification, personal service, or by delivering the same to and leaving it with some person of suitable age and discretion upon the premises; or, if no such person is found on the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises and by mailing a copy thereof to such person by mail to the person's last known address. Orders or notices given orally I shall be confirmed by service in writing as herein provided. Subp. 5. Sec. 2.303. Sec. 2.3C3 of the Uniform Fire Code is deleted. # Subp. 6. Sec. 1.304(b). The first paragraph of Sec. I 2.304(b) of the Uniform Fire Code is deleted and replaced with } the following: Sec. 2.304. (b) Recognized Standards. The following standards are intended for use as a guide in the design, Eabricaticn, testing, and use of equipment regulated by this code: Subp. 7. Sec. 2.304(c). Sec. 2.304 of the Uniform Fire Code is amended by adding a subsection to :ead: Sec. 2.304. (c) Standard 101 Incorporated. whenever the Uniform Fire Code, as amended by parts 7513.3100 to 7510.3280, is silent on any subject, for any reason, in any situation., the Provision of protection shall be in accordance with Natior.al Fire Codes, 1988, Standard Numbe: 101, issued by the Naticnal Fire Protection Association (Quincy, Massachusetts, 1988) which i is adopted by reference as part of this code as though set forth herein in its entirety. Standard Number 101 is not subject to i frequent change and is available at the State Law Library, 117 University Avenue, Saint Paul, Minnesota 55155. STAT AUTH: MS s 299F.011 HIST: 14 SR 847 i } ) Il `• i 3 7510.3150 ARTICLE 4 OF UNIFORM FIRE CODE. Subpart 1. Sec. 4.103. Sec. 4.103 of the Uniform Fire Code is amended to read: Sec. 4.103. All applications for a permit required ty this code shall to made to the chief in such form and detail as required :v the chief. Applications for permits shall be accompanie3 by such plans as required by the chief. Subp. 2. Sec. 4.108. The first sentence of Sec. 4.108 of the Jniform Fire Code is amended to read: Sec. 4.108. When required by the chief, a permit shall be obtained prior to er,caging in the following activities, Operations, practices, or functions: STAT AUTH: MS s 299F.011 HIST: 14 SR 847 7510.3160 ARTICLE 9 OF UNIFORM FIRE CODE. Subpart 1. Sec. 9.103; adult day -care center defined. Sec. 9.103 of the Uniform Fire Code is amended by adding a definition to read: Sec. 9.103. ADULT DAY -CARE CENTER shall mean a facility, licensed by the Department of Human Services under Minnesota Rules, parts 9555.9600 to 9555.9730, which provides a program of services to adults for periods of less than 24 hours per day. Subp. 2. Sec. 9.103; authority having jurisdiction defined. Sec. 9.103 of the Uniform Fire Code is amended by adding a definition to read: Sec. 9.103. AUTHORITY HAVING JURISDICTION shall mean any municipal fire code official or the state fire marshal or any of their auth_-rized representatives. Subp. 3. Sec. 9.104; Building Code definition amended. The definition of Building Code in Sec. 9.104 of the Uniform Fire Code is amended to read: Sec. 9.104. BUILDING CODE shall mean the Minnesota State Building Code. Subp. 4. Sec. 9.108; family day -care home defined. Sec. 9.108 of the Uniform Fire Code is amended by adding a definition to read: Sec. 9.108. FAMILY DAY -CARE HOME shall mean a residence, licensed by the Department of Human Services under Minnesota Rules, parts 9502.0315 to 9502.0445, in which no more than ten children receive care, maintenance, and supervision by other than their relatives or legal guardians for less than 24 hours i per day. Subp. 5. Sec. 9.109; group day -care home defined. Sec. 9.109 of the Uniform Fire Code is amended by adding a definition to read: Sec. 9.109. GROUP DAY -CARE HOME shall mean a residence, licensed by the Department of Human Services under Minnesota Rules, parts 9502.0315 to 9502.0445, in which at least 11 but not more than. 14 children receive care, maintenance, and 12 0 supervision :.• l o.t .er than their relatives or Legal guardians for Less than 24 hours per day. Subp. 6. Sec. 9.109; guest room defined. Sec. 9.109 of the Uniform Cede is amended by adding a definition to read: Sec. 9.109. GUEST ROOM shall mean a room used exclusively for living or sleeping purposes excluding storage coons, laundry corns, Eurnace rooms, and similar common areas. Every 100 square feet of superficial floor area in a dormitory shall be cr_nsidered tD be a guest room. S:bp. 7. 'Sec. 9.115; mechanical code definition amended. the definition of mechanical. code ir. Sec. 9.115 of the Uniform Fire Code is amended to read: Sec. 9.115. MECHANICAL CODE shall mean the Minnesota Heating, Ventilation, Air Conditioning and Refrigeration Code, in Minnesota Rules, chapter 1345. Subp. 8. Sec. 9.115; municipality defined. Sec. 9.115 of the Uniform =ire Code is amended by adding a definition to read: Sec. 9.115. MUNICIPALITY shall mean any statutory or home rule charter city, county, or town meeting the requirements of Minnesota Statutes, section 368.01, subdivision 1, the University e: Minnesota, or the state for public buildings. ! Subp. 9. Sec. 9.117; Group E Occupancies definition amended. The definition of Group E Occupancies in Sec. 9.117 of the Jniform _ire Code is amended to read: Sec. 9.117. Group E Occupancies: Division 1. Any building used for educational purposes th:rugh the 12th grade by 50 or more persons for more than 12 hours per week or four hours in any one day. Division 2. Any building used for educational purposes th:cugh the 12th grade by less than 50 persons for more than 12 hours per week or fcur hours in any one day. Division 3. Any building used for child day -care purposes for more than ten children, or for adult day -care centers serving four or more ambulatory and mobile persons who are j capable of taking appropriate action for self- preservation under emergency c_nditions as determined by program licensure provisions. Subp. 10. Sec. 9.117; Group I Occupancies definition amended. The definition of Group I Occupancies in Sec. 9.117 of the Uniform Fire Code is amended to read: Sec. 9.117. Group I Occupancies: Division 1. Nurseries for the full -time care of children under the are of six, each acccmmodating more than four persons; and, hospita'_s, sanitariums, nursing homes, and similar buildings, each accommcdating more than four persons. Division 2. Detoxification centers; homes for children six years of age or over; Class 8 supervised living facilities for the mentall retarded, mentally ill, or the physically handicapped, defined in Sec. 9.121; and, adult day -care centers serving ambulatory, nonambulatory, mobile, or ncnmobile persons t3 who are not mentally or physically capac_e :f takinc appropriate action for self -prese :ration under ecercer.cy conditions as detercined by F :ccran :icens,re pro : :s :ors, each acre- modatirg more : -an fOLr Ferscns. EXCEPTION: Adult day - care centers meeting tte following criteria may be classified as Grcup Division 3 Occupancies: not more than 50 percent of the center's licensed capacity shall be made - of partic.pants who are not capable of taking appropriate action for :elf- prese :vation under emergency conditions; 2. the center shall be located on a floor level with all exits directly to grade without interveninc stairs; 3. the center shall be protected with a complete automatic fire detection system consisting of: (i) automatic smoke detectors in all corridors and at the top of all stairways; (ii) automatic detectors in boiler and furnace :ooms, kitchens, storage rooms, janitor closets, laundries, and other hazardous areas; and (iii) in buildings equipped with manual fire alarm systems, the manual fire alarm and automatic detection systems shall be electrically interconnected; and a. the center shall demonstrate the ability to evacuate the entire center population within three minutes. Division 3. Mental hospitals, mental sanitariums, ;ails, prisons, reformatories, and buildings where personal liberties of inr..ates are similarly restrained. EXCEPTION: Group I Occupancies shall not include buildings used only for private residential purposes c: for a family group. Sutp. 11. Sec. 9.117; Group R Occupancies definition amended. The definition of Group R Occupancies in Sec. 9.117 of the Uniform Fire Code is amended to read: Sec. 9.117. Group R Occupancies: Division 1. Hotels and apartment houses. Converts and monasteries, each accommodating more than ten persons; and Class A -2 supervised living facilities, defined in Sec. 9.121, for the mentally retarded, mentally ill, chemically dependent, and physically handicapped, each accommodating more than four persons. Physically handicapped persons shall be housed at street level in supervised living facilities. EXCEPTION: Class A -2 supervised living facilities, defined in Sec. 9.121, having more than six but not more than 15 ambulatory or mobile disabled persons, duly licensed before April 11, 1983, and complying with the requirements for lodging and rooming houses as set forth in Standard 101 in the National Fire 14 Codes, 1973, issued by the National Fire Protection Association (Boston, Massachusetts, 1)73), are classified as Group R, Division 3 occupancies, Division 2. Not used. Division J. Dwellings, lodging houses, and Class A -1 supervised living facilities defined in Sec. 9.121. Subp. 12. Sec. 9.120; required by chief defined. Sec. 9.120 of the Uniform Fire Code is amended by adding a definition to read: Sec. 9.120. REQUIRED BY THE CHIEF shall mean determined by the chief to be directly related to the safeguarding of life and property from the hazards of fire and uniform for each class or kind of building, structure, or property covered. Subp. 13. Sec. 9.121; state fire marshal defined. Sec. 9.121 of the Uniform Fire Code is amended by adding a definition to read: Sec. 9.121. STATE FIRE MARSHAL shall mean the Minnesota state fire marshal or the state fire marshal's authorized representatives. Subp. 14. Sec. 9.121; supervised living facility defined. Sec. 9.121 of the Uniform Fire Code is amended by adding a definition to read: Sec. 9.121. SUPERVISED LIVING FACILITY means a facility in which supervision, lodging, meals, and in accordance with the rules of the Department of Human Services and the Department of F.ealth, counseling and developmental habiiitative or rehabilitative services are p:o•.ided to five or more persons who are mentally retarded, chemically dependent, adult mentally ill, or physically handicapped. Class A supervised living facility shall mean a supervised living facility for ambulatory and mobile persons who are capable of taking appropriate action for self- preservation under emergency conditions as determined by program licensure provisions. Class A -1 supervised living facilities shall include homes providing boarding and lodging for six or fewer ambulatory or mobile disabled persons. Class A -2 supervised living facilities shall Include homes providing boarding and lodging for more than six ambulatory or mobile disabled persons. Class 8 supervised living facility shall mean a supervised living facility for ambulatory or nonambulatory, mobile or nonmobile persons who are not mentally or physically capable of taking appropriate action for self - preservation under emergency conditions as determined by program licensure provisions. STAT RUTH: MS s 299F.011 H1ST: 14 SR 847 IS 7510.3170 ARTICLE 10 OF UNIFORM FIRE CODE. Sutpart i. Sec. 10.207(m). Sec. 10.207 of the Uniform Fire Ccde is a:rended t: adding a = ubsection to read: Sec. 10.207. (m) Marking Fire Lanes. The marking of fire lanes cn private and putlic property snail be designated and j approved by the chief. I` Sutp. 2. Sec. 10.207(n). Sec. 10.207 cf the Uni`.orm Fire Code is amended by adding a subsection to read: Sec. 10.207. (n) Obstruction of Fire Lanes. ParKing of motor vehicles in, or otherwise obstructing, fire lanes shall to prohibited at all times. Subp. 3. Sec. 10.301(f). Sec. 10.301(f) of the Uniform Fire Code is amended to read: Sec. 10.301. (f) Approval and Testing. All fire alarm systems, fire hydrant systems, fire - extinguishing systems (including automatic sprinklers), wet and dry standpipes, basement inlet pipes, and other fire - protection systems and appurtenances thereto shall meet the approval of the chief as to installation and location and shall be subject to periodic tests required by the chief. Plans and specifications shall be submitted to the chief for review and approval before installation. Sutp. 4. Sec. 10.309(b). Sec. 10.309(b) of the Uniform Fire Code is amended to read: Sec. 10.309. (b) Where Required. Standpipe systems shall be provided as set forth in Table No. 10.309 and shall have a constant water supply and pressure. EXCEPTION: Dry standpipes may be installed with prior approval of the chief. Sutp. 5. Table No. 10.309. Table No. 10.3'9, Item No. 2, "Occupancy" column, of the Uniform Fire Code is amended to read: TABLE NO. 10.309. Item `o. 2, "Occupancy" column: Occupancies 3 stories or more but less than 150 feet in height, except Group R, Division 3. Class II standpipes are not required in Group E or Group R-1 Occupancies. STAT A MS s 244F.011 14 S HIST: la SR 647 7510.3180 ARTICLE 11 OF UNIFORM FIRE CODE. Subpart 1. Sec. 11.117. Article 11 Cf the Uni'_crm Fire Code is amended by adding a section to Fires or Barbecues on Balconies or Patios l Sec. 11.117. (a) Open Flame Prohibited. when required by ' the chief, in any structure containing three or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet of the structure. (b) Fuel Storage Prohibited. No person shall store or use any fuel, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in subsection (a). 16 EXCEPTION: Listed electric or gas -fired barbecue grips that are permanently mounted, wired, or pl -j to the building's gas supply or electrical system and that maintain a minimum clearance of 19 inches on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the chief. Subp. 2. Sec. 11.204. Sec. 11.204 of the Uniform Fire de is ascended by adding an Exception to read: Sec. 11.204. Exception. For requirements relating to Christmas trees, see Sec. 11.210. Subp. 3. Sec. 11.210. Article 11 of the Uniform Fire Code s amar.ded by adding a section to read: Christmas Trees Sec. 11.210. (a) Group I Occupancies. The use or display cE natural or resin - bearing trees or decorations in Group I Cccuparcies is prohibited. (b) Public Buildings. The use, display, or storage of �.atural or resin- bearing trees without open flames or electric right decorations is permitted in schools, churches, hotels, and business and mercantile occupancies. See Sec. 11.203(c). (c) Flame- retardant Artificial Trees. The use or display CE ELame- retardant artificial trees decorated with U.L. listed electric lighting systems is acceptable in all occupancies. (d) R -1 Occupancies. Natural or resin- bearing trees shall rot be stored on balconies or grounds of R -1 Occupancies. See Sec. 11.203(c). Subp. 4. Sec. 11.302(e). Sec. 11.302 of the Uniform Fire Code is amended by adding a subsection to read: Sec. 11.302. (e) Misdemeanor. 'whoever intentionally gives a false alarm of fire, or unlawfully tampers or interferes with any station or signal box of any Eire alarm system or any auxiliary fire appliance, or unlawfully breaks, Ln}uces, defaces, or removes any such box or station, or unlawfully i breaks, insures, destroys, or disturbs any the wires, poles, i cr other supports and appLiances connected with or forming a 1 part of any fire alarm system or any auxiliary fire appliance is guilty of a misdemeanor. STAT RUTH: MS 5 299F.011 HIST: 14 SR 847 7510.3190 ARTICLE 12 OF UNIFORM FIRE CODE. Subpart 1. Sec. 12.101. Sec. 12.101 of the Uniform Fire Code is amended by adding a paragraph to read: Sec. 12.101. Egress requirements in family and group day -care homes Located in a single family dwelling located on a residential lot in which the day -care provider provides the i services referred to in Minnesota Statutes, Fection 245A.02, subdivision. 10, to one or more persons, shall not exceed the egress requirements that apply to the home as a single family 17 dwelling. Subp. 2. Sec. 12.106(a). -Sec. 12.106(a) of the ''Uniform Fire Code is amended to read: Sec. 12.106. (a) General. Stairways shall conform to the provisions of the Building Ccde. EXCEPTION: Stairs or ladders used only to attend eq,:ipmer.t are exer.pt frcm the requirements of this section when prcpe:ly maintained. STAT AUTH: MS s 299F.011 HIST: 14 SR 847 7510.3200 ARTICLE 14 OF UNIFORM FIRE CODE. Sec. 14.104(b). Sec. 14.104(b) of the Uniform Fire Code is amended to read: Sec. 14.104. (b) Type of System. A manual or automatic fire alarm system or both shall be installed in occupancies in accordance with the following: 1. A manual fire alarm system shall be installed in: A. Group A, Divisions 1, 2, and 2.1 Occupancies a. Group H Occupancies used for the manufacture of organic coatings C. Group H, Divisicn 6 Occupancies as set forth in Article 51 2. An autoratic fire alarm system shall be Installed in: A. Group B, Division 2 Occupancies as set forth in Chapter 33 of the Building Code P 9 B. As set forth in Article 81 of this code 3. A manual and automatic fire alarm system shall be installed in: A. Group E Occupancies having more than 50 occupants and as set fc :th in Chapter 33 of the Building Code, and in Group E, Divisicn 3 Occupancies having more than 29 occupants. In every Group E Occupancy with an automatic sprinkler or detection system, the operation of the system must automatically activate the building fire aliarm system. In Group E Occupancies, an approved fire alarm system shall mean a complete, noncoded, continuously sounding until manually reset, electronically supervised fire alarm system ccnsisting of the following: (i) Sounding stations on 100 -foot to 150 -foot spacing: (1) in corridors, (2) in areas of high noise levels, such as band rooms, shops, and boiler rooms, and (3) on a weatherproof station on the exterior of the building facing residential areas. (ii) Automatic sending stations (detectors) in boiler rooms, kitchens, shops, painting areas, lounges, laundries, janitor's closets, storerooms, unsupervised 18 I and unoccupied spaces, and critical or hazardous areas. (iii) Unobstructed, readily accessible mAnual sending stations at visible locattons In the natural path of escape from fire, near each exit from an area on each floor. B. Group I Occupancies C. Group R, Division 1 Occupancies S pecified in subsection (c). STAT AUTH: MS s 299F.011 HIST: 13 SR 837 7510.3210 ARTICLE 26 OF UNIFORM FIRE CODE. Subpart 1. Title. The title of Article 26 of the Uniform Fire Code is deleted and replaced with the following: RESURFACING AND REFINISHING Subp. 2. Sec. 26.101. Sec. 26.101 of the Uniform Fire Code is amended to read: Sec. 26.101. Bowling alleys, roller skating rinks, and other public assembly occupancies shall conform to all other applicable requirements of this code, as well as the following provisions. Subp: 3. Sec. 26.102. Sec. 26.102 of the Uniform Fire Code is amended to read: Sec. 26.102. No person shall conduct bowling pin refinishing and bowling alley or floor resurfacing and refinishing operations involving the use and application of flammable liquids or materials without a local permit. Subp. 4. Sec. 26.103. The subtitle of Sec. 26.103 of the Uniform Fire Code is amended to read: Resurfacing and Refinishing Subp. 5. Sec. 26.104. The subtitle of Sec. 26.104 of the Uniform Fire Code is amended to read: Refinishing STAT AUTH: MS s 299F.011 . HIST: 13 SR 837 7510.3220 ARTICLE 61 OF UNIFORM FIRE CODE. Sec. 61.105 of the Uniform Fire Code is amended to read: Sec. 61.105. The grade of fuel oil used in a burner shall be that for which the burner is approved and as stipulated by the manufacturer. The installation and use of waste oil burners shall conform to the provisions of Minnesota Statutes, section 299F.015. STAT AUTH: MS s 299F.011 HIST: 14 SR 837 7510.3230 ARTICLE 77 OF UNIFORM FIRE CODE. Subpart 1. Sec. 77.104. Sec. 77.103 of the Uniform Fire Code is deleted. Subp. 2. Sec. 77.105. Sec. 77.105 of the Uniform Fire Code is deleted. 19 i STAT AUTH: MS s 200F.011 HIST: la SR 847 7510.3240 ARTICLE 79 OF UNIFORM FIRE CODE. Subpart 1. Sec. 79.101(a). Sec. 79.101(a), ExcEpti_n 1 cf the Uniform Fire Ccde is' amended to read: Sec. 79.101. (a) General. EXCEPTIONS: 1. The transportation o flammable and combustible liquids when in conformity with the United States Department of Transportation, regulations on file with and approved by the United States Department of Transportation. Subp. 2. Sec. 79.101(d). Sec. 79.101 of the Uniform Fire Code is amended by adding a subsection to read: Sec. 79.101. (d) Review of Plans. Requirements for the review of plans, as covered in the following items 1 to 7, are herein incorporated as part of this code, to read: 1. Before any construction or new or additional ! installation for the storage, handling, or use of flammable liquids is undertaken in bulk plants, service stations, chemical plants, refineries, and processing plants, drawings or blueprints of them made to scale shall be submitted to the state fire marshal with an application, all in duplicate, for review, i Within a reasonable tame, usually ten days after receipt of tte application with drawings or blueprints, the state fire marshal shall examine them. Cn finding that they conform to the applicable requirements of this code, the state fire marshal shall so signify either by endorsement on them or by attachment to them, retain one file copy, and return to the applicant the other copy plus any additional copies submitted by the applicant. If the drawings or blueprints do not ccnfor -i to tte applicable requirements of this cede, the state fire marshal shall notify the applicant in writing within the time allowed for the examination of the Application. 2. Drawings shall show the name of the person, firm, or corporation proposing the installation, its location, and the adjacent streets or highways and surface waters of the yi t state. 3. In the case of bulk plants, the drawings 1 shall show, in addition to any applicable features required under items 5 and 6, the plot of ground to be utilized and its 'I. immediate surroundings on all sides; complete layout of F buildings, tanks, and loading and unloading docks: type of construction of each building and the type and location of heating devices for each building, if any. 4. In the case of service stations, the drawings, in addition to any applicable features required under items 5 and 6, shall show the plot of ground to be utilized; the complete layout of buildings, drives, dispensing equipment, and 20 �I greasing or -a ;hir.g stalls; and the type and location of any heating devices. 5. In the case of abr.egrcu::! storage, the d_a shall show the location and capacity of each tank; d:mer,sions of each tank that has a capacity e:(ceeding 50,000 gallons; the class of liquids to be stored in each tank; the t•: ?e of tank supports; the clearance as covered In sections 74.5,3 and 79.503; the type of venting and pressure relief relied upon and the ccmbir.ed capacity of all venting and Pressure relief valves on each tank, as covered in Sec. 79.503; the tank control valves as covered in Sec. 79.509(c); the lccation of the pumps and other facilities by which liquid is filled into and witkdra:n Ercm the tanks; and diking provided, if any. 6. In the case of underground storage, the drawings shall show the locations of fill gauge and vent pipes and openings, the location and capacity of each tan: <, and the class of liquid to be stored in each tank, along with the clearance and requirements as covered in sections 79.601 to 79.605. 7. In the case of an installation for storage, handling, or use of flammable liquids within buildings or enclosures at any establishment or occupancy covered in this section, the drawings shall be in such detail as will show whether applicable requirements are to be met. Subp. 3. Sec. 79.9U2(e). Sec. 79.902(e) of the Uniform Fire Code is amended by adding an exception to read: Sec. 79.902. (e) Dispensing. F- XCEPTION: When approved by the chief, the dispensing of Class 1 and Class II liquids from a fuel dispensing system supplied by exterior aboveground tanks may be permitted under the following conditions: 1. Not more than three aboveground storage tanks shall be used for dispensing. Tanks shall not exceed 6,000 gallons individual capacity. 2. The tank system shall be listed or approved Eor such aboveground use. 3. Fuel delivery frcm aboveground tanks shall be from the top Of the tank with the dispensing line equipped *with an approved antisyphon system, or by a renote submersible pump system located in a tank of not Over 63 gallons capacity attached to the main storage tank, provided the line between the main tank and the remote Pump is equipped with a normally closed solenoid valve and Eire valve at the tank opening. 4. Dispensing lines between the diked area and the dispenser shall be located underground. These lines shall be equipped with approved leak detection devices connected to an audible and visual alarm as required by the chief. These lines shall also be equipped with 21 approved excess flcw va' ves and a n:rrr,3 ly cl :sed sclenoid valve at each cir;cnse. 1 ocatej telc- he ir,pact :-aloe. 5. :he tank shall be ecu - -ith ove. protection and the fill pipe tetween tte cpcning and the diked area shall be undergr In addii to Ote nc:ir.al 'salving requirements - f the cede, - !:ere shall be a -.anually operated, mechanical shut-cff valve on the fill line 4 r.side tte diked area :h'ch is operated from a lccaticn outside the dike. 6. Dispensing lines and fill p shall not penetrate the dike. 7. The tanks and piping shall be safeguarded against collision, spillage, and overfill as required by the chief. S. The tanks shall comply with requirements for emergency relief ventina, and the tanks and dispensing system shall meet the electrical classification requirements of the code. 9. Tanks, piping, valves and fittings, and diking shall be constructed and mainta in accordance with Article 79. 10. Tanks shall be provided w i th lightning protection as specified in National Fire Protection Association Standard 78, L Protection Code, by the National Fire Protecticn. Association (Quincy, Massachusetts, 1986). Standard 78 is incorporated by reference, is not subject to frequent chance, and is available at the State Law Library, 117 University Avenue, Saint Paul, Minnesota 55155. 11. Tank locaticn and distance shall be two times that specified in sections 79.503 and 79.504, but not less than 30 feet frcm the nearest side of any public way or from the r:earest building and dispensing .;nits on the same property. 12. Where more than one tank is used, all abovecround tanks shall be protected by an approved fire protection system -.:hen required by the chief. 13. Variances shall not be cranted from any of the provisions contained in items 2 to 0. Subp. 4. Sec. 79.903(a). The first paragraph of Sec. 79.903(a) of the Unifcrm Fire Code is amended to read: Sec. 79.903. (a) Design and Construction. Except as otherwise provided in Sec. 79.907(e), Class I and Class II liquids shall be transferred from underground tanks by means of fixed pumps so designed and equipped as to allc control of the flow and to prevent leakage or acc!dental discharge. Supplemental means shall be provided outside of the dispensing device so that the source of power may be readily disconnected in the event of fire or other accident. Dispersing devices for 22 Class r, II, or III-A liquid; shall be of approved type. See Soy-. 2.303(b). Class I, II, or III -A li- ; shall be dispensed by approved pumps taking s through the top of the container. Class I, Ir, or III -A liquids shall not be dispensed by a device that operates through pressure within a storage tank or container unless the tank or container has been approvedJ as a pressure vessel for the use to 'which it is subjected. In no case shall air or oxygen pressure be used for dispensing flamnable Class I, II, or III -A liquids. This section does not prohibit use permitted by Sec. 79.904. Subp, 5. Sec. 79.903(g). Sec. 73.903 of the Uniform Fire Code is amended by adding a subsection to read: Sec. 79.903. (g) Age Requirement. Flammable and com' --ustible liquids shall be dispensed only by persons 16 years Of age or older. Prominent signs shall be posted at self - service stations prohibiting flammable liquids from being dispensed by anyone under age 16. STAT AUTH: MS s 299F.011 HIST: 14 SR 847 7510.3250 ARTICLE 80 OF UNIFORM FIRE CODE. Sec. 80.104(e) of the Uniform Fire Code is amended to read: Sec. 80.104. (e) IDENTIFICATION. Visible hazard identification signs as specified in Uniform Fire Code Standards, Standard No. 79 -3, Identification of the Health, Flanmabilit7, and Reactivity of Hazardous Materials, published by the International Conference of Building Officials and the Western Fire Chiefs Association, 1998, (Whittier, California), shall be placed at entrances to locations where hazardous materials are stored, dispensed, used, or handled in quantities regaLring a permit. The chief shall designate the specific entrances where signs are required. The chief may waive this requirement in special cases when consistent with safety, if the facility owner or operator, in conjunction with the chief, develops an approved preemergency plan consistent with the Hazardous Materials Management Plan (H.L`1P) in Appendix II -E. The owner or operator shall make copies of this plan available to other emergency response agencies on request. In addition, when required by the chief, hazard identification signs mounted on a building sha'_L include a sign indicating the hazard type and range value for the average daily ; amount of hazardous materials present, as required on the Tier 1 hazard ^us chemical inventory form under the Superfund Amendments and Reauthorization Act of 1996, Public Law Nurbec 99-599, section 312, subsection (d)(1) "Tier I Information," which is incorporated by reference. The placard symbols for hazard type and range value are as follows: 1. HAZARD TYPE: Physical Hazards 23 Fire - T-e 3- letter placard abbreviation is: F,R Sadden Release c: Pressure - -ne 3- letter placard atbreviaticn is: SPP n eacti :ity - :.`.e 3- letter placard abtreviaticn is: REA Feaith Hazards :mmediate (acute) - The 3- letter placard abtrev: aticn is: HHI �eiayed (c`rer.ic) - The 3- letter placard abcreviaticn is: FHD 2. RANGE VALUE: Weight Range in Pounds Placard Ahoreviat:on Frcm To -- None Present 00 0 99 01 100 999 02 1,000 9,999 03 10,000 99,999 04 1001000 999,999 05 11000,000 91999,999 06 10,000,000 49,999,999 07 50,000,000 99,999,999 08 10010001000 499,999,999 09 500,000,000 999,999,999 10 1 billion or greater STAT AUTH: MS s 299F.C11 HIST: 13 SR 847 7510.3260 ARTICLE 82 OF UNIFORM FIRE CODE. Subpart 1. Article 82. Article 82 of the Uniform Fire Code is deleted in its entirety and replaced with the follcwinc: Sec. 82.101. LP Gas Storage and Handling. The storage, handling, transportation, and use of liquified petroleum gas and the installation of all equipment pertinent to systems for such uses shall be designed, c :nstr..:cted, installed, operated, and maintained in accordance :ith the provisions of U.F.C. Standard No. Sec. 8 Sec. 82.102. LP Gas Systems at Utility Gas Plants. The desicn, construction, location, installation, and operation of refrigerated and ner.refrigerated liquified petroleum gas systems at utility gas plants shall be in accordance with the provisions of U.F.C. Standard No. 82 -2. Sec. 82.103. Submittal of Plans. inhere an underground container is permitted, plans of its installation, regardless of capacity, shall be submitted for review to the state fire marshal bef :re construction. For any installation utilizing aboveground storage containers of over 2,0G0 gallons water capacity, or when aggregate rater capacity of all aboveground containers exceeds 4,000 gallons, plans shall be submitted to the state fire marshal before.construction. 24 Sutp. 2. Uniform Fire Code Standard No. 82 -1. Fart I of Uniform Fire Codn Stands :d v;. 0 2 -1 is del.ted in its entirety. STAT AUTE: Mi s 29) -.011 KIST: 13 SR 811 7510.3270 ARTICLE 85 OF UNIFORM FIRE CODE. Sec. 85.109 of the Unifarm Fire Code is amended to read: Sec. 85.109. Electrical appliances or fixtures shall not be used unless they are of an app:o.ed type. STAT AUTH:'MS s 299F.011 KIST: 14 SR 847 7510.3280 AMYNDMt;:iTS TO APPENDIXES OF UNIFORM FIRE CODE. Subpart 1. Adoption. Appendixes I -A, I -C, II -A, II -B, II -C, IV -A, and VI -D of the Uniform Fire Code, as amended by this part, shall be deemed a part of this code and shall be enforced as such. Subp. 2. Appendix I -A, Sec. 1(b). Appendix I -A, Sec. 1(b), is deleted in its entirety. Subp. 3. Appendix I -A, Sec. 2(a). The first paragraph and the accompanying exception in Appendix I -A, Sec. 2(a), are amended to read: Sec. 2. EXITS (a) Number of Exits. Every basement and every floor above the first sto :y used for human occupancy shall have access to at Least two separate exits, one of :hich nay be an exterior fire escape complying with subsection (d) of this section. Subject to the approval of the chief, an approved ladder device nay be used in lieu cf a fire escace - when the construction feature or location of the building on the property makes the installation of a fire escape impractical. EXCEPTIONS: 1. In all occupancies, basements and second stories with an occupant load of ten or 'Less may have one exit. 2. when the third floor w:thtn an individual duelling unit does not exceed 500 square feet, only one exit need be provided from that floor. 3. Floors and basements used exclusis•ely for service of the building may have en.e exit. For the purposes of this exception, storage rooms, laundry rooms, maintenance offices, and similar uses shall not be considered as providing service to the building. 1. Storage roor.s, laundry r_oTs, and maintenance offices not exceeding 3�,C square feet in floor area ma: be provided .ith only cne exit. Subp. 4. Appendix I -A, Sec. 2(c). Appendix I-A, Sec. 2(c), is amended to read: Sec. 2. EXITS (c) Corridors. C r ridors s_. a Group P., Division 1 or Crc�p I Occupancy having an Cccupaat load of ten or more and 25 corridors serving other occupancies having an occupant load cf 30 or mere shall have walls and ceilings cf not less tr.an one -hour fire - resistive ccnstructicn as required q red by the Building Code. Existing walls s,;:faced with wccd lath and plaster in good ccnditicn or 1/2 -inch glpsu;n wai'_board cr openings with fixed wired glass set in steel frames are permitted fcr ccrr'.dor walls and ceilings and occ::pancy separations when appr :ved. Doors cpening into such corridors shall be protected by 20- minute fire assemblies cr solid -word doors not _ess than 1-3/4 inches thick. Where the existing frame will not - accommcdate the 1-3/4 inches thick dccr, a 1 -3/8 inches thick solid tonded word core door or equivalent insulated steel dccr shall to permitted. Doors shall be self - closing or automatic- closing b• smoke detection. Transoms 9 y sours and openings other than doors from corridors to rocros shall comply -with Section 3305(h) of the Building Code or shall be ccvered with a minimum of 3/4 -inch plywood or 1/2 -inch gypsum wallboard or equivalent material on the room side. EXCEPTION: Existing corridor walls, ceilings, and opening protection not in compliance with the above may be continued when such buildings are protected with an approved automatic sprinkler system throughout. Such sprinkler system may be supplied from the domestic water system if it is of adequate volume and pressure. Subp, 5. Appendix I -A, Sec: 5. Appendix I -A, Sec. 5, is amended to read: Sec. 5. STANDPIPES When required by the chief, any building three stories or more in height shall be provided with an approved Class I or Class III standpipe system. STAT AUTH: MS s 299F.011 HIST: 14 SR 847 1 r i i 26 i I BYLAWS THE CITY OF BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT TABLE OF CONTENTS Page No. Article I Organization . . . . . . . . . . . . . . . . . . . . . . 1 Article II Personnel . . . . . . . . . . . . . . . . . . . . . . . . 1 Article III Discipline . . . . . . . . . . . . . . . . . . . . . . . 2 Article IV Drills /Meetings . . . . . . . . . . . . . . . . . . . . . 3 Article V Committees . . . . . . . . . . . . . . . . . . . . . . . 3 Article VI Changes . . . . . . . . . . . . . . . . . . . . . . . . . 4 (Bracket [] items to be deleted, and underline indicates added material. BYLAWS THE CITY OF BROOKLYN CENTER VOLUNTEER FIRE DEPARTMENT Article I ORGANIZATION Section I. This organization shall be known as the Brooklyn Center Volunteer Fire Department. Section II. Its objectives shall be: 1.0 Preservation and protection of life and property 2.0 Fire Prevention 3.0 Firefighting Section III. All Activities and operations of the Brooklyn Center Volunteer Fire Department shall be carried out in conformance with the Brooklyn Center City Charter and City Ordinance Chapter 5. Article II PERSONNEL Section I. Probationary Members - Notice of an opening for a probationary firefighter shall be given per the City Ordinance. The Chief shall submit to the chairman of the examining /recruiting committee all applications. The examining committee then shall review all applications, conduct oral interviews and other investigations as they deem appropriate into the job related qualifications of the applicants. The committee shall also require other tests, including medical examinations, physical fitness tests and other such tests as may be appropriate. The committee shall then prepare a report to the Chief giving its recommendations per the City Ordinance. Section II. The Fire Chief shall appoint probationary members per the City Ordinance. Section III. After having served a probationary period of at least six months, completed the required basic training and served in a satisfactory manner, the probationary member may be appointed by the Fire Chief as a regular member of the Volunteer Fire Department per the applicable ordinance. -1- Section IV. Any regular member in good standing who resigns or requests a leave of absence in writing from the Chief, when granted, shall become a social member in accordance with the rules and regulations of the Department. Section V. Personnel Records - Adequate personnel records shall be maintained in a single central location Personnel el files shall be maintained and secured by the Chief. A personnel report is required for some appointments per the City Ordinance. The personnel report shall consist of the application to the Fire Department and supplementary information, medical and physical agility test results and all training records. A supplemental personnel report is also required for some appointments. A supplemental personnel report shall consist of a review of the personnel report for accuracy and a statement thereof and any additional information on training, skills, etc. Section VI. Fire Officers - Fire Department fire officers shall consist of a Fire Chief, an Assistant Fire Chief, two or more District Chiefs, and four or more Captains, all of whom shall be regular firefighters. The Fire Chief shall select officers from among the eligible regular firefighters in accordance with Fire Department rules and regulations. The Fire Chief shall select the Assistant Fire Chief [and Fire Marshal] in accordance with the City Ordinance. The Fire Chief shall be selected by the City Manager in accordance with the City Ordinance. Section VII. Staff positions - Fire Department staff positions shall consist of a [Fire Marshal] Safety Officer Fire Inspectors, Training [Positions] Officer Secretary and Treasurer, all of whom shall be regular firefighters. [The Fire Chief shall select a Fire Marshal in accordance with the City Ordinance.] The Fire Chief shall select the Inspectors.[ &] Training Officers and Safety Officer The Secretary and Treasurer of the Relief Association shall serve as Secretary and Treasurer of the Fire Department. Article III DISCIPLINE Section I. All regular and probationary members are subject to discipline by the Fire Chief in the form of oral and written reprimands for just cause connected with the fire service. All regular and probationary members are subject to discharge, demotion and suspension by the Fire Chief in accordance with the rules and regulations of the Fire Department on the basis of merit and fitness connected with the fire service, with prior approval of the City Manager. Any regular and probationary members disciplined by a suspension may appeal said suspension to the Grievance Committee in accordance with Article V, Section III of -2- these Bylaws. Further appeals shall be in accordance with City Ordinance Chapter 5. Section 5 -110. Article IV DRILLS /MEETINGS Section I. Regular meetings and drills of the Department shall be held on Mondays of each month at the regular appointed meeting place. Section II. Special meetings may be called by the order of the Chief or upon the written request of five (5) regular members of the Department. The request shall state the subject to be considered at the meeting. The Chief shall then provide notice of the meeting to the membership. Article V COMMITTEES Section I. There shall be [an Auditing] a Financial Planning and Audit Committee, a Grievance Committee, an Examining /Recruiting Committee, a Performance Review Board, a Selection Committee, and a Fund Raiser Committee. The Chief shall appoint, from the regular members, such other committees as he deems necessary. The secretary shall post at all fire stations a current and accurate account of all standing committees. Section II. [Auditing] Financial Planning and Audit Committee A. It shall be the duty of the Financial Planning and Audit Committee to examine the accounts that may be referred to it by the Department; to examine the accounts of the Treasurer at least once a year and make a report at the next regular meeting following the examination. Section III. Grievance Committee A. It shall be the duty of the Grievance Committee to examine complaints and appeals as may be referred to it by regular members of the Department, and to report on them at the next regular or special meeting. It shall also be their duty to consider grievances in order to promote good fellowship and harmony in the Department. -3- Section IV. Examining /Recruiting Committee A. It shall be the duty of the Examining /Recruiting Committee to investigate the job related qualifications of any person making application for the fire service. They shall administer all oral interviews and such other job related tests as appropriate, and report its findings to the Chief per the Fire Department Ordinance. Section V. Performance Review Board A. It shall be the duty of the Performance Review Board to continually review regular members'[,] performance and attendance at meetings, drills, fire calls, and other departmental duties. Section VI. Selection Committee A. It shall be the duty of the Selection Committee to conduct fire officer selections, determine the qualifications of the candidates, tally and certify results, and interpret and decide any rules concerning the selection process not clearly stated in these Bylaws or other rules and regulations of the Department. Section VII. Fund Raising Committee A. It shall be the duty of the Fund Raising Committee to seek fund raising activities beneficial to the Fire Department. Article VI CHANGES Section I. Amendments shall be made to these Bylaws when proposed at a regular meeting. Such amendments shall be referred to a special committee appointed by the Chief, who shall report at the next regular or special meeting, and then only upon written notice of a meeting to be held, stating the proposed amendments, mailed to the last known address of each regular member at least thirty (30) days before said meeting. Any such proposed amendments may be adopted only by an affirmative vote of two - thirds (2/3) of the regular membership, reviewed and approved by the City Manager and the City Council. -4- CITY OF BROOKLYN CENTER Council Meeting Date March 9, 1992 Agenda Item Nurnk REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LEGISLATIVE UPDATE DEPT. APPROY erald G. inter, City Manager MANAGER'S REYIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUNMARY EXPLANATION: (supplemental sheets attached ) • Attached please find the following materials: 1. Summary of TH610 /TH10 North Crosstown Project financing needs 2. North Metro Mayors Association Sewer Interception Extension resolution (relating to the Orfield bill) 3. North Metro Mayors Association position resolution on the airport issue 4. Memo from League of MN Cities on the 1/2 cent sales tax 5. A copy of Senate File No. 1694, a bill regarding lake quality 6. Memo from Sy Knapp regarding the concept of a transportation utility RECOMMENDED CITY COUNCIL ACTION Request the Council review /discuss the above items. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION OPPOSING LOCAL GOVERNMENT AID REDUCTIONS WHEREAS, the City of Brooklyn Center in 1989 received $2,667,957 in Local Government Aid from the State of Minnesota; and WHEREAS, the City of Brooklyn Center in 1990 had Local Government Aids reduced to $1,954,435; and WHEREAS, the City of Brooklyn Center in 1991 had Local Government Aids further reduced to $1,679,415; and WHEREAS, in 1992 Governor Carlson's proposed budget reduction plan calls for an additional cut of $595,570 from Brooklyn Center's projected LGA amount of $1,647,162; and WHEREAS, Brooklyn Center and other local governments did, during the 1991 session, contribute 41% of the budget solution from only a 10% share of the State budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City: 1. Opposes Governor Carlson's proposed Local Government Aid reduction plan as cities have already carried a disproportionate share of State Budget reductions; and 2. That further Local Government Aid cuts will result in significant reductions crippling vital services; and 3. Requests our State Representative and Senator oppose the Governor's current plan and any further Local Government Aid reductions. 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. League of Minnesota Cities N EZ Cityviews Numbcr4 for Minnesota Legislators March 10, 1992 WHY CITIES ARE SHOCKED BY THE GOVERNOR'S BUDGET PROPOSAL A. THE PROPOSAL DESTROYS THE INTEGRITY OF THE DEDICATED LOCAL GOVERNMENT TRUST FUND LESS THAN ONE YEAR AFTER IT WAS CREATED. X Raids the local government trust fund by $198 million over three years. X Takes money from the 1/2-cent local option sales tax adopted in 1991 by local governments. B. THE PROPOSAL CREATE CITY BUDGETS THIS S DRACONIAN EFFECTS ON C UDGE S S YEAR • X Cuts 8.2% of city revenue bases for calendar year 1992.. X With the budget year partly gone, these cuts would be about 12% for the balance of the year. X These cuts are on top of cuts enacted in the 1991 session for the 1992 budget year: - 1991 session aid cuts - -4% of city revenue bases. - Governor's budget - -an additional 8.2% of city revenue bases. • These cuts are on top of frozen city levy limits for taxes payable in 1992. • Examples of Governor's proposed cuts: Minneapolis - -$1 S million, St. Paul --$10 million, Duluth - -$ 2 million. C. THE PROPOSAL CREATES EXTREME UNFAIRNESS BETWEEN LOCAL GOVERNMENT UNITS. • City aid cuts are 29% of the total state budget cuts proposed by the Governor, while city aid is only 6.6% of the state budget. • No cuts for counties and townships, which provide many of the same services as cities. • Many cities receive no aid cuts (those getting HACA but no LGA), making the aid cuts to other cities higher. DON BUST THE TRUST For more information, contact John Tomlinson at 227 -5600 �«1 `" " "° R.,` "" FEB 28, 1992 STATE BUDGET AND LOCAL AID PROSPECTS A. NEW STATE FORECAST OF BUDGET SHORTFALLS 1. FY92 -93 (CALENDAR 1992 AID) Was $345 million. New $569 million. 2. FY94 -95 (CALENDAR 1993 & 1994 AID) -- Was $1295 million. New $1752 million. League of Minnesota Cities Cit Y Views Number 1 for Minnesota Legislators F 14, 1992 REASONS TO EXCLUDE THE LOCAL GOVERNMENT TRUST FUND FROM FY 92 -93 BUDGET CUTS Change in Expenditures, FY91 to FY93 12.0% 1. During the 1990 and 1991 sessions, 10.0% 9.5% local aids for FY 92 -93 have already F " been cut by $171 million, much more C 4.0% 2.0% severely than the state general fund. a 0.0% • _ _ .2.0% .1.4% d.0% Aids now in LGTF General fund 2. Two cents of the sales tax is now dedicated to local aids and is not a part of the state general fund. A dedicated fund is meaningless unless it remains dedicated. Cities will live with the ups and downs of trust fund revenues. 3. FY 93 trust fund cuts would affect aids paid in 1992. V Cities are already well into the budget year. Cuts would be on top of $8S million aid cuts and frozen levy limit bases for 1992. Too late to make up for aid cuts with levy increases. PROPOSED LEGISLATION: NONE -- Distribution of trust fund revenues for FY 92 -93 is already specified fairly in current law. ! DON'T BUST THE TRUST For more information, contact John Tomlinson at 227 -5600 League of Minnesota Cities Cityviews Number for Minnesota Legislators February 28, 1992 LOCAL GOVERNMENTS HAVE ALREADY CONTRIBUTED DISPROPORTIONATELY TO 92 -93 STATE BUDGET SOLUTION A. Non - school local government contributions for FY 92 -93 Local aid cuts in 1991 session ....................... $120 million 1/ 2 cent local option sales tax voted by counties and supported by cities and townships .................. $ 374 million Total $494 million B. Non - school local aid share of total state general fund budget (FY 92 -93, N ov 1990 Forecast) Non - school aids .. ............................... $ 1,508 million Total state general fund expenditures and transfers ......... $15,539 million LOCAL AID SHARE OF THE TOTAL $1 = 9.7% C. Local Government Share of FY 92 -93 Budget Solution in 1991 Session Local Government Contribution ...................... $ 494 million Total Budget Shortfall (Governor's Budget, 2/20/91) ....... $1,212 million LOCAL GOVERNMENT SHARE OF THE SOLUTION $494/$1,212 = 41% cONCLUSros X X LO: L. >.. : E : B D; E. ::::...::....... C _ . GC�vERNMEiiTS WITH.... t 01:.::O:F: THE : S.TAT U ::...:. ;' ::::.... CONTR(BUTEi� 1 OF THE BUDGET SOLUTION IN ; ::.:.: ;:.::. . TAE :�.991.SESSI ....:....:::.. WITH THIS LARGE 1991 CONTRIBUTION AND 'LOCAL AIDS NOW IN!: A DEDICATED FUND, LOCAL AIDS SHOULD NOT: BE CUT FURTHER IN THE 992 SESSION DON'T BUST THE TRUST For more information, contact John Tomlinson at 227 -5600 • • • • . SSS >Y }: yr? :•. >• y 5' �;:: %� >.; {r$,: �}5: %:j�: . }ir is Y f t { /S''i5 h� � ' f � /�: ' }. }. r. ....w..w iai'tii� %d: ?i2;�•r.�iiiiiii +`' ';ii:: : lnr: >i %:;. F :YS1 r S:r¢S:L .f. Y. rr/rn •u rJ! >. •rJ.r i � $Yr..,,v r ..l } S ✓ } t l J' Y / fY . rs' ::•s::•sr.. f / r�Y:v •: $iiri <: Sri i`iri'ii <;.; r.. , . •i>✓i r rr +' � . . 11 :::::::.:, Yr :aSa.: {•Sr.:YY; »:;;�::::•+;::; s•r�: '.ih'•:•/ : �� � i ;.rri•.: r f iii %: ,:•,.: i i:'�:';:i:J: is : ' ;: `., >.::::;i:� iii Y. pi::•5:.riL: i;si: }•::: •:: •::.i'C >.�:• ii:5•,: %:i��i':: i' +`: }: S � is �: i i; i .'•: r;: ?; r,. }Y { +. •' }:, ' :. {i il�� %i <ii;i` >Y' + si iif,. •Yf: :. /..: do Ab •:r;: YS•fs.,i; is Y•.::: 3$>.`•s%' r�sry. p!::• S: •' <+i %!: { FS�•Sr;S'i:5S':�iYi ;;i .'`i r, +., r/l r��` 1 J.S j5.. Y:.Cn :n'{'I ;rf %:,5• };:% %: f::: %:. <•! .; .::5 •'i . , 'S " .'''. f .••.2.'f# ?b: ass %hi Si,`.•�i•'.,�r. ;•: s:e' ii > {.;•..:• ; ,,1 ,.:. { .. j / /..: ' 3,n + "' 4 '' • Vii: rr;:' +. < }S: %Y:'. % %`" H, /� • CITY SPENDING IN MINNESOTA How Do We Compare? (1989 -1990) Major State & Local Activities Percentage of MN Service Minnesota Rank in U.S. Percentage of City Expense Provided by Cities FIRF 93% 34th 7% POLICE 62% 26th 12% HOUSING & COMMUNITY DEVELOPMENT 61% 11111 10% LIBRARIES 54% 18111 9 % SEWAGE 53% 10th 9% PARKS /RF,C/NAT'L RESOURCF i 3 4 % 71h 10% II IG11 WAYS /MAINT /SNO W REMOVAL 29% 8th 20% GOVT ADMIN /FINANCE/ LEGAL 23% 2001 8% HEALTH & HOSPITAL 11% 14th 7% PUBLIC WELFARE 2% 4th 2% EDUCATION 0% 801 0% Direct General Expenditures 1989 Minnesota State and Loral Spending per capita = 121 % of the U.S. Average T When Minnesota cities have 1989 Minnesota City Only spending per capita = 102 % of the U.S. Average major responsibilities for a service, spending tends to be less compared to the sources: U.S. Census Bureau Government Finances GF•89 -S national average than when Minnesota State Auditor Report- Revenue, Expenditures and Debt of Cities through Dec. 31, 1990 (11/15/91) other Minnesota governmental Minnesota Taxpayers Association - Now Does Minnesota Compare? (January 1992) units provide most of a service. 1991 Changes to Minnesota's Property Tax System September 1991 Property Tax Aids and Aid Reductions City Aid Cuts Already Taken Table 1 Provisions for 1991 and 1992 Aid Reductions Aid Reductions Aid Payment(s) affected by Aid Reduction Current Biennium Total July, 1991 December, 1991 1992 (equally divided between July & County 76.2 December payments) City $80.9 million Town 3.1 Amount of Reduction SM million $35 million SM million' Special District 11.1 Affected Local — Counties — Counties — Counties Governments — cities — Cities — Cities Total $ 171.3 million — Towns — Towns — Special Districts, — Special Districts — Special Districts, except hospital except hospital districts districts Revenue Base Used for 1991 certified levy plus 1991 certified levy less 1991 certified levy less Reduction 1991 LGA and 1991 1991 social service levy 1991 social service levy taconite aid plus 1991 LGA and 1991 plus 1991 LGA and taconite aid 1991 taconite aid Percent of Revenue 2.01% 1.60% 4.03% Base Used for Reduction Further 1992 Aid Reduction by Type Counties -- 524.4 Counties —$14.7 Counties -- $37 j 1 ' red u ct i o n s will of Local Government Cities —S21.0 Cities —S16.7 Cities -• 543 = (in millions) Towns —$1.7 Towns --S 1.4 Special District -- S 5.9' cause Special District -- S 2.9 Special District —S23 Duration of Reduction One -time reduction One -time reduction Permanent reduction in significant aid base cuts in current [louse Research Department programs and The 1989 special session tax bill included a provision to reduce 1992 aids by about S51 million. This provision was repealed in the 1991 tax bill and replaced with an aid cut of S86 million. personnel Based on House Research estimates as of July 1991. • �D GO O 70 co 70 N 70 W l co Crl - G1 G W J •! • �0 O a 0 n h� l 1 O j � i O � � r � V 1 1 �� • 7 Spendinj Per Capita (Constant Dollars O O O C O p I I I I i Local Government g en S h � din Increases For the Period 1980 to 1989 10.0% - 30.3 30.0% Vj - 22.7% f c E �.. 10. 0% < t T ,�,� � \ �<. ,. �, O c.: a t \t��\ SV\k \`. '; \2� \l��?��� , v f a.`k�� 3 5 a,rfi, &vat: t �a ki i \ RI \\ ^ �-. ) , � r . x`���� \ s � r Y�� n•.f...vct' Vic:' _`� ' �:` \ .i U L 0 O yo fi 2, v OU s \ -10.0% - City (per capita) County (per capita) School (per student) Source: State Auditor, House Research and U.S. Dept of Commerce League of Minnesota Cities 12/�I/71 1980 to 1990 Percent Chancre in Revenues and Exp enditur es of Minnesota. Cities (in constant dollars per capita) r:iX!Li.CX:•:Mi:J:<:v,!::!.:n: .: !.: ! ^:<:.:::JX•i.:!".4 Federal Aid ....... ' State Aid - 0% Special nssessmeiits 37% Other Local Revenue - R Total Revenue 2 % Total Expenditures - �% -80.0% -60.0% - 4 -0.0% -20.0% 0.0% 20.0% 40.0% 60.0% Sources: U.S. Dept of Commerce Bureau of the Census and MN State Auditor -U 12/31/91 t , .f cr_% Chancre in ..Minnesota Public Em lo ment P Y For the Period 1980 to 1990 (in full -time equivalents per capita or per student) 20.0% 15.4% '�H ff t $ 5 , k S 10.0% art t t � d >��• ;q�s��:i� ni.� p�;$ � y <2: 0.0 ; q -10.0 o _ /0 -14.9% -20.0% Cities Schools Counties State Source: Bureau of the Census and [-louse Research 12/31/91 -� Association of Metropolitan Municipalities Major issue areas for 1992: Local Government Revenue issues: AMM policy includes elimination of levy limits as per current law for taxes payable in 1993, preservation of LGA and HACA in a new funding formula that recognizes the right of all cities to receive some share in the distribution, and continuation of the guaranteed two -cent sales tax to the Local Government Trust Fund for property tax relief. Tax Increment Financing (TIF): The AMM supports a reinstatement of the features stripped from TIF during the 1990 session which makes it basi- cally unworkable for most cities. Specifically, the aid buyout provisions and tight restrictions should be eliminated. Waste Management: The AMM supports integrated Waste Stream planning involving recycling -reuse- reduction and the handling of household /commercial hazardous waste. Water Supply & Surface Water Management: The Metropolitan Council has suggested significant planning for future water supply management and water con- servation. The AMM supports the basic concept, but opposes Council involvement to the degree of a system or local plan approval. The AMM also opposes the Council's opinion that it has system authority in surface water management. I / D e e D D 10 r r r ; r -------------------------- 169 : ' , r 94 ------------ - ----- ..- ... t ' 'r -• r r r , r r ' - r NEW TH 10 r 252 ; - NEW TH 610 - - - - -- ; r ------ - - - - -- - - - -- - , 694 : - -- k rr North Metro :r ,. 94 , Mayors 494 100 ' MINNESOTA Association r r r DEPARTMENT OF TRANSPORTATION IAO r ��NNE3p OF Ts *METRO DISTRICT William Crawford District Engineer March 1992 t FYI isi ( W 111 T )( 17 Project New TH 10 is being designed as a 4 lane freeway to connect Description I -35W with the TH 610 river crossing. Its purpose is primarily to relieve the traffic congestion that currently exists on inplace TH 10. Construction The project is divided into 4 construction stages. Year 1992 Stage 1 upgrades the inplace roadway to a freeway design from TH 65 to Co Rd J including new interchanges. 1993 Stage 2 completes the roadway from Egret Blvd. to Foley Blvd. This will also include a new Foley Blvd. interchange. 1994 Stage 3 completes a section from TH 47 to University Ave. which includes a new University Ave. interchange. 1995 Stage 4 completes the last section of roadway from University Ave. to TH 65. Cost Stage 1 $17,500,000 Stage 2 $15,200,000 Stage 3 $17,000,000 Stage 4 $17,000,000 All Stages are Programmed and Funded. Project The final design of Stage 1 is now completed and right of way is being Status acquired. Stages 2, 3, and 4 are in final design. Traffic ADT 1989 35,800 - 38,700 (Taken from Old TH 10) Forecast ADT Year 2010 67,000 - 76,600 Contact Stages 1 - 4 Sue Klein 593 -8501 Person TH 4 0 EGRET BLVD. �0 I FOLEY BLVD GRADE AND SURFACE - STAGE 1 MARCH 1992 LETTING GRADE AND SURFACE - STAGE 2 JUNE 1993 LETTING GRADE AND SURFACE - STAGE 3 JANUARY 1994 LETTING W GRADE AND SURFACE - STAGE 4 JANUARY 1995 LETTING POLK 6A ST. 'CN TH 65 N y 1 0 TH 47 ACCESS RD. COUNTY RD. J Ld 1 Project This project proposes to construct a four -lane freeway on new Description alignment which will serve as an entirely new east -west travel corridor from I -94 to TH 252. This work, along with the new TH 10 (east of the Mississippi River) will complete a corridor which will connect I -94 to I -35W. Construction Not Determined Year Cost 120,000,000 ($36 million programmed in new bill) Project Mn/DOT and cities of Maple Grove and Brooklyn Park are jointly Status working together to complete the Final Environmental Impact Statement in early 1993. Mn/DOT has scheduled Final Design Mapping for summer 1992. After the mapping is completed, Mn/DOT has requested consultant agreement funds be available to start the Final Design. Traffic Year 2010 ADT 30,000 - 50,000 Forecast Contact Mark Benson 593 -8530 Person a s Proposed T.H. 610 � z 12 103 A 61 169 BROOKLYN 111111 IIII II 1/ PARK 6lO 101St AVE. No. ��� / /i►IIIII IIIIIIIIIIIII III VIII �� / /ll III IIIIIIIIIIIIIIII ' MAPLE 130 OSSEO 14 GROVE , 109 252 PROPOSED GRADE SEPERATION Q PROPOSED INTERCHANGE N � EXISTING INTERCHANGE NORTH METRO MAYORS ASSOCIATION flRj4)7 SEWER INTERCEPTOR EXTENSION RESOLUTION RESOLUTION OPPOSING PROPOSED LEGISLATION THAT LIMITS ABILITY OF THE METROPOLITAN COUNCIL OR METROPOLITAN WASTE CONTROL COMMISSION TO BORROW FUNDS FOR SEWER INTERCEPTOR EXTENSION (H.F. # 1778 and S.F. # 166) WHEREAS, the North Metro Mavors Association is concerned about the decline and deterioration that is prevalent in pockets of the developed area of the Twin City Metropolitan area. Further, the Association is concerned about conditions that seemingly create situations that encourage middle and upper income families to move from developed areas into more developing regions of the metropolitan area. Crime, educational opportunities, vacant buildings, threats of gang infiltration, lack of jobs, and resulting substandard living conditions and fear all contribute to the movement from the developed areas to developing areas, and WHEREAS the North Metro Mayors Association recognizes that these problems are no longer unique to the central cities, in fact many Association member communities are faced with the very same or similar predicaments, and WHEREAS, the above referenced bill provides a worthwhile forum for discussion and debate of all issues related to the problems described, and WHEREAS, the North Metro Mayors Association strongly urges its legislative delegation to work with metropolitan agencies to enact policies and programs that will address the problems described herein, and WHEREAS, the North Metro Mayors Association has carefully reviewed the above referenced proposed legislation and find the following: 1. The bill would not prohibit sewer interceptor expansion outside of the fully developed areas as defined by the Metropolitan Council, but would not allow metro funding for such expansion. 2. That a "pay for your own" concept over a regional framework could lead to the destruction of the metropolitan system of governance and ultimately work to exacerbate the problems that the legislation is intended to correct. 3. The bill does not address the subject of funds needed to address the problems of the fully developed areas or housing opportunities throughout the region. These problems are immediate and need to be addressed now. DROS 4. The Metropolitan Council has a mandate from the legislature to conduct a study of the development patterns and needs of the fully defined developed area. The results of this study are to be reported to the Legislature in January 1994. Any action such as H.F. 1778/S.F. 1656 would be premature and possibly counterproductive to any recommendations arising from the study. 5. The bill tends to micro - manage the question of governance without consideration of what the marketplace will do in response. 6. The bill have the potential to induce urban sprawl as development leap frogs beyond the current metro area, particularly into Wright County. 7. The bill could result in development that is more expense, thus hindering efforts to provide low and moderate housing opportunities throughout the metro area. NOW THEREFORE BE IT RESOLVED. that the North Metro Mayors Association adopts the following: That it is in the best interests of all cities in the metropolitan area to work aggressively together to address neighborhood livability because the challenges that cities face, that is, neighborhood deterioration, crime and drugs - need the cooperative effort from all municipalities and all parts of the metropolitan area. Area legislators are encouraged to address the problems that the inner city and first and second ring suburban communities are experiencing. These problems need to be addressed through economic development opportunities where career type job are made available, where convenient transit exists, where hosing rehabilitation programs are effective, where infrastructure maintenance is performed, where healthy social fabric and good educational opportunities exist. These are the conceptual solutions that are the essence for resolving these problems and preventing their spread. Anything short of this is simplistic. Limiting interceptor expansion through this artificial means: 1. Is ineffective and will cause development to leap -frog into remote urban settings. ?. Weakens the regional approach to waste water treatment with potential negative impact on the enviro ^ment. 3. Raises legal questions dealing %pith historical SAC charge collection systems. 4. Gives the impression that something is being done about the roblem when p � g P in fact nothing substantive; trn : occurs. DRAFT BE IT FURTHER RESOLVED, that the North Metro Mayors Association is opposed to the passage of H.F. 1778 and S.F. 1658 and request that all legislators from the North Metro area seek rather to deal with the problems the bill attempts to address in a straight forward manner as identified herein. North Metro Mayors Association Membership: Anoka Columbia Heights Minneapolis Blaine Coon Rapids New Brighton Brooklyn Center Crystal New Hope Brooklyn Park Dayton Ramsey Centerville Fridley Robbinsdale Circle Pines Lino Lakes Spring Lake Park Champlin If you have any questions, please contact: Joseph Strauss Executive Director North Metro Mayors Association 8525 Edinbrook Crossing, Suite 5 Brooklyn Park, MN 55443 493 -5115 i i Version #2 AIRPORT RESOLUTION NORTH METRO MAYORS ASSOCIATION WHEREAS, the North Metro Mayors Association has joined together to foster closer relationships, improve communications, and better coordination between its members, legislative delegations, elective officials and city staffs; and WHEREAS, the North Metro Mavors Association has focused its resources, time and talent on promoting the communities of the North Metro area and has provided leadership in an effort to secure an equitable distribution of both public and private investments made in the metropolitan area. Areas of concentration are transportation infrastructure, housing, economic development and redevelopment, equitable tax sharing and distribution formulas, business retention and job creation programs; and WHEREAS, the North Metro Mayors Association has monitored the dual track study of the metropolitan airport issue over the past two years, and WHEREAS, the North Metro Mayors Association position has been to favor a North site if a new airport is in fact needed, and WHEREAS, the North Metro Mayors Association recognizes that the State of Minnesota must maintain a viable and adequate airport in order to remain, competitive in a international and global economy into the future, and WHEREAS, the North Metro Mayors Association supports retaining the current airport site if it can be clearly demonstrated that an expanded airport will (1) meet the transportation and economic needs of the State of Minnesota in the future, and (2) said plans adequately address the noise and related community issues, and WHEREAS, the North Metro Mayors Association takes the position that if these conditions cannot be clearly determined then a new airport should be considered. WHEREAS, the North Metro Mayors Association suggests that the following information and /or studies should be gathered and /or conducted and made public, namely: 1. Research regarding employment at the airport including: a) Number of employees h) Employee location distribution (residence) C) Impact on employment if the airport moves 2. All travel and waiting /delay time issues should be factored into the consideration of expansion of the current airport as well as any new airport site. This cost should take into account fuel prices, actual travel time, impact on productivity and include annual monitoring of projections for passenger numbers by MAC. I A review of all infrastructure costs deemed to be necessary, in order to make any new airport site and the surrounding areas suitable for an airport. Provide an in depth review and projection where these infrastructure dollars will come from. Discuss the impact on current Metropolitan Council, and Minnesota Department of Transportation prioritized programs and /or projects scheduled over the next twenty year period. 4. Review whether the airport should continue to be used as a hub facility now and into the future. 5. An independent assessment of all critical factors that have become the basis of the conclusions made by the various airport review committees. These critical factors include, but are not be limited to, projected number of flights, projected cost savings, noise abatement and related property acquisition projections, all expansion costs, etc. 6. Careful consideration must be given to the role that Northwest Airlines plays in this whole airport issue. It must be recognized that the company actinC7 P g a i ° long could si affect any of the projected forecasted factors simply by changing its operating methodology, such as, transferring a portion of its hub activity to another location. 7. A review of all potential new technology that may have an impact on any of the critical factors comprising the airport subject, such as, phase III aircraft, FFA regulations allowing airlines to operate hubs, etc. NOW THEREFORE, BE IT RESOLVED that the North Metro Mayors Association takes the position that the existing airport should be expanded and is the preferred location assuming that it can be clearly demonstrated that an expansion plan will result in meeting the transportation and economic needs of the State of Minnesota for the future, and that noise and related community issues can be adequately addressed and resolved. Be it further resolved, that if these conditions cannot be clearly and persuasively determined, then in that case a new iir p o►t site should be considered. BE IT FURTHER RESOLVED that the North Metro Mayors Association shall continue to monitor the airport issue, communicate its position to legislators from the North Metro Area, and work with other organizations that take the same or similar position as set forth herein. I t North Metro Mayors Association Membership: Anoka Columbia Heights Minneapolis Blaine Coon Rapids New Brighton Brooklyn Center Crystal New Hope Brooklyn Park Dayton Ramsey Centerville Fridley Robbinsdale Circle Pines Lino Lakes Spring Lake Park Champlin If you have any questions, please contact: Joseph Strauss Executive Director North Metro Mayors Association 5525 Edinbrook Crossing, Suite 5 Brooklyn Park, MN 55443 493 -5115 North Metro Mayors Association's Common Bond Fund Program Policy Statement The North Metro Mayors Association is a coalition of communities in the North Metro area working together to benefit both their respective community and the entire North Metro area. It is through this coalition that opportunities are made available, such as the use of the MCDA Common Bond Fund Program. This Program, which will benefit all NMMA members, is an opportunity to provide financing as well as reducing NMMA membership costs by administering an administration fee. The process for generating administration fees and the policy by which all NMMA members will use the Common Bond Fund Program is described below. Policy Statement Principles: 1. The policy requires that all NMMA members include an administrative fee and /or service fee whenever they use the MCDA Common Bond Fund to Finance a project. 2. All administration and /or service fees so generated would be dedicated by each individual city to off -set a portion or all of their respective NMMA annual membership expense. A community experiencing substantial - .growth through the use of ti , ICDA Common Bond Fund could result in generating funds exceeding their annual NMMA membership costs. If this situation occurs, the recommendation is that the surplus funds be dedicated to either reduce future membership costs or the overall fee schedule for all members. 3. Administration fees and /or service fees would be structured within a tight range by each city on an independent basis. The fee would be a set percentage of the total financing package and would include a maximum ceiling, say S10,000, regardless of the total dollar amount financed. Administration fees and /or service fees could be set up to be a one time charge attached to the bond sale or extended for the life of the financing package. Each city will determine how they will structure their respective administrative fee schedule. 4. Cities could charge an annual service charge for servicing development bond portfolios. This amount should be relatively low, such as 1/8 of 1% or lower. This would give each community an opportunity to build a reserve fund for development purposes. S. In conjunction with MCDA, NMMA would develop an information sheet regarding MCDA's Common Bond Fund that member communities could use in promoting this tool as part their development activities. 7. Set up a procedure for handling a situation where two or more member cities are competing for the same development opportunity and seeking financing from the Common Bond Fund Program. NORTH METRO MAYORS ASSOCIATION Board of Directors Meeting Agenda March 4, 1992 1. Introduction of new members - City of Coon Rapids 2. Introduction of new mayors - Donald Murzyn, Columbia Heights Peter Meintsma, Crystal Vernon Reinert, Lino Lakes 3. Corporate Report Article 4. Twin Cities Commercial Real Estate Expo -April Sth 5. Legislative Update • Fiscal Disparities 1 • Sewer Interceptors • Tax Increment Financing • Housing . • Transportation 6. Airport Discussion 7. Common Bond Fund Policy Statement S. Health One Forum to discuss health care issues 8525 EDINBROOK CROSSING, SUITE 5, BROOKLYN PARK. MINNESOTA 55443 TELEPHONE 612. 493 -5115 FAX 612 -424 -1174 Version #1 AIRPORT RESOLUTION NORTH METRO MAYORS ASSOCIATION WHEREAS, the North Metro Mayors Association has joined together to foster closer relationships, improve communications, and better coordination between its members, legislative delegations, elective officials and city staffs; and WHEREAS, the North Metro Mayors Association has focused its resources, time and talent on promoting the communities of the North Metro area and has provided leadership in an effort to secure an equitable distribution of both public and private investments made in the metropolitan area. Areas of concentration are transportation infrastructure, housing, economic development and redevelopment, equitable tax sharing and distribution formulas, business retention and job creation programs, y WHEREAS, the North Metro Mayors Association has monitored the dual track study of the Metropolitan airport issue over the past two years, and WHEREAS, the North Metro Mayors Association position has been to favor a North site if a new airport is in fact needed, and WHEREAS, the North Metro Mayors Association recognizes that the ,State of Minnesota must maintain a viable and adequate airport in order to remain competitive in a fast changing global economy, and WHEREAS, the North Metro Mayors Association based on all information presently available, believes that relocating the airport from its current location does not meet the needs or the interests of the vast majority of the citizens of the North Metro area and the State of Minnesota, and NOW THEREFORE, BE IT RESOLVED, that the North Metro Mayors Association takes the position that the current airport should be expanded and upgraded to meet the future needs of the citizens of the State of Minnesota and that all noise and related community issues be addressed and resolved as part of any airport expansion plan and that all further studies and planning efforts for a new airport be terminated immediately. BE IT FURTHER RESOLVED that the North Metro Mayors Association shall continue to monitor the airport issue and work with other organizations that take the same or similar position as set forth herein. North Metro Mayors Association Membership: Anoka Q Columbia Hei Minneapolis Blaine Coon Rapids New Brighton Brooklyn Center Crystal New Hope Brooklyn Park Dayton Ramsey Centerville Fridley Robbinsdale Circle Pines Lino Lakes Spring Lake Park Champlin If you have any questions, please contact: Joseph Strauss Executive Director North Metro Mayors Association 8525 Edinbrook Crossing, Suite 5 Brooklyn Park, MN 55443 493 -5115 M E M O R A N D U M DATE: February 10, 1992 TO: Community Development Committee North Metro Ma rs Association FROM: John W. Cox City of Blaine SUBJECT: Proposed Legislation to Limit Borrowing by MWCC to Extend Sewer Interceptors Legislative bills, H.F. #1778 and companion S.F. #1656, pro- pose to amend the manner in which sewer interceptors are fi- nanced. The bills would restrict the Minnesota Public Facili- ties Authority from loaning monies to the Metropolitan Waste Control Commission or to the Metropolitan Council for the purpose of financing the extension of sewer interceptors to areas outside of the Metropolitan Council'-s designated fully developed area. The bill also restricts the Metropolitan Council or Metropolitan Waste Control Commission from using bond proceeds (revenue or general obligation bonds) to finance extensions. Cities like Blaine, Mounds View, New Brighton, Arden Hills and Shoreview are outside the fully developed boundary and considered areas of planned urbanization. Teri Keegan, Fiscal /Treasury Manager for the Metropolitan Waste Control Commission has stated that funding for the pro- posed Blaine Interceptor would include borrowing from the Public Facility Authority. Two other communities indicated in the Metropolitan Waste Control Commission's Capital Improve- ment Program with programmed interceptor improvements are Burnsville and Bayport. These communities would also be im- pacted. The interceptor proposed to serve the Central Area of Blaine is in the Metropolitan Waste Control Commission's current Capital Improvement Program (52,000,000) and would be con- structed upon completion of Blaine's 2010 Comprehensive Plan- ning Process. Should this bill be approved, it would limit the Metropolitan Waste Control Commission to constructing interceptor exten- sions utilizing cash on hand rather than borrowed money. MEMO: North Metro Mayors Association DATE: February 10, 1992 PAGE: Two While this would not be impossible for the Commission, it would potentially delay projects until sufficient cash can be budgeted. Additionally, the bill has minimal impact on re- stricting further development in the Metropolitan Urbanizing Areas in that interceptors have already been constructed. Thus, the actual impact would be to further create pockets of non - urbanized areas surrounded by urbanized areas. This is not consistent with the developing framework that has been envisioned for the Metropolitan area. The bill was introduced by Legislators in both houses, howev- er, Representative Orfield, Minneapolis Representative, is the bill's chief author. The bill has been referred to the Metro- politan Affairs Committee and is expected to be considered further after the Legislature reconvenes on February 18th. Presently, neither the Association of Metropolitan Municipali- ties, the Metropolitan Council or the League of Minnesota Municipalities have taken a stance 'on the bill. However, the Association of Metropolitan Municipalities will be opposing the bill. Neither the Metropolitan Council or the League will take a position. The City of Blaine believes this bill will have limited capa- bility of accomplishing its purpose, yet inhibits timely con- struction of proposed interceptors serving Blaine, Burnsville and Bayport. JWC /nw INTERCEP /THED Attachment: Map of Blaine Sewer Interceptor Copy S.F. 1656 DRAFT REPORT A PROPOSAL FOR A METROPOLITAN HOUSING REVITALIZATION FUND DEVELOPED BY THE HOUSING LEGISLATION WORK. GROUP January 1992 Metropolitan Council , Mears Park Centre, 230 East Fifth Street St. Paul, Minnesota 55101 EXECUTIVE SUNEV ARY In June, 1990, Council Chair Steve Keefe, with Metropolitan Council approval, appointed a Regional Housing Task Force that was charged with "discussing and identifying the main housing problems facing the region in the 1990s and [recommending] adoption of regional policies, programs and legislation aimed at solving the identified problems." In January, 1991, the housing task force completed its work with the adoption of a report titled, JVeeting the Region's Housing Needs in the 1990s: A Three -Part ProposaL In the course of its work, the task force identified a variety of housing needs and issues. Two paragraphs in the introduction to the task force report summarize the main issues: New construction in the developing suburbs attracts residents from older suburbs; vacancies in older suburbs attract residents from central cities, often leaving behind permanently vacant and deteriorating housing. Although such vacancies provide opportunities for redevelopment, they can also cause a Financial burden for cities where they are located and can trigger large -scale abandonment in older neighborhoods. At the same time these. market fordes are occurring, certain kinds of housing needs continue to grow. Special segments of the population will place increasing demands on the housing market in the 1990s. For example, the region's minority population is growing much faster than the overall population. People in minority groups experience much higher poverty rates than do white people in the Metro Area. This signals a growing need for affordable housing and housing connected to a variety of support services. The Regional Housing Task Force recommendations were grouped under three main areas: additional funding for housing, new policy directions to guide housing and neighborhood revitalization programs, and development of regional and local housing plans. hi July, 1991, Metropolitan Council Chair Mary Anderson appointed a Housing Legislation Work Group for the purpose of refining the legislative recommendations made by the Regional Housing Task Force and to develop a more specific proposal that could be converted into a housing legislation bill for the Metropolitan Council to introduce at the 1992 legislative session. Besides reviewing regional housing issues and need as earlier identified by the Regional Housing Task Force, the housing legislation work group looked at housing and neighborhood revitalization efforts that individual communities in the Metropolitan Area are involved in. Examination of Figures provided by just a handful of communities provided an insight of the magnitude of the rousing problem in the region: between $349 and $359 million annually for the next several years will be needed to address problems in Minneapolis, St. Paul, Bloomington, Brooklyn Center and Brooklyn Park; an additional $462 million is estimated by Richfield and Washington County as the dollars needed to implement their housing plans. With this added perspective on housing need, the work group set out to develop more specific 1 recommendations to address the region's housing problems. Regarding additional funding to address identified housing problems, the task force report had listed two major mechanisms: Expansion of the Housing Trust Fund to continue to finance the growing housing needs (p. 34, second bullet; several revenue sources were identified). and Creation of a "regional housing fund" which could be tapped by local governments to promote limited redevelopment of deteriorated residential areas when other strategies or redevelopment tools cannot be used in a cost - effective manner (p. 34, third bullet). Using the above housing task force recommendations as guidance for its deliberations, the Housing Legislation Work Group developed and adopted the following funding proposals on December 4, 1991. METROPOLITAN HOUSING REVITALIZATION FUND Funding Sources - Op"tion"s L The Metropolitan Council could seek specific authority from the Legislature to allow the Metropolitan HRA to issue housing bonds with the understanding those bonds would not be supported by property tax. 2. Create a mortgage registry surcharge in the metropolitan area that would yield million dollars~ 3. A 10 percent surcharge on the interest and penalties for delinquent property taxes collected. 4. A percentage of the state's lottery receipts. Administration of the Fund The Metropolitan Housing Revitalization Fund would be governed by a board that would include a minimum of three members appointed by the Metropolitan Council. The balance of the board membership would include persons with background in the type of problems that the fund is set up to address, e.g. physical deterioration of housing in the central cities and older suburbs, socioeconomic problems at the neighborhood level, housing needs of ethnic and minority groups as well as other special populations. The fund could be administered by the Minnesota Housing Finance Agency which already has in place the administrative mechanism to carry out this type of work_ Program staffing and administration costs could be paid out by the fund. 2 Eligibility To access the fund a municipality would need to have a housing plan approved by its local governing body and reviewed by the Metropolitan Council. The plan, in turn, must respond to the regional housing plan and its relation to social service needs adopted by the Council. A municipality could receive financial assistance from the fund to complete the housing plan. Without an approved plan, no fund activity could occur in the municipality. Local matching requirements and development of an allocation plan or entitlement approach would also need to be specified. Application for funds must be approved by the governing body with citizen input. Criteria and a point system will need to be developed and evaluated annually. The target population for this fund will be individuals and families with incomes no greater than 60 percent of the median income adjusted for family size. EXPANSION OF THE HOUSING TRUST FUND The Housing Trust Fund should be targeted: to individuals and families at 30 percent of median and below and should be maintained as a state -wide program which is being well used in the metro area. There should also be an additional funding source for the Housing Trust Fund: A 10 percent surcharge on ;nt - -- and penalties for delinquent property taxes collected in theA 183 University Ave. East St. Paul, MN 55101 -2526 League of Minnesota Cities (612) 227 -5600 (FAX: 221 -0986) February 25, 1992 TO: Mayors, Managers, and Clerks FROM: Donald A. Slater, Executive Director 6(Q SUBJECT: 1/2 Cent Sales Tax The ur ose of this memorandum is to alert cities to a proposal w hich P P al P P could seriously affect municipal revenue in the future. The Association of Minnesota Counties (AMC) has circulated a memorandum to Minnesota county commissioners proposing that counties consider revoking the 1/2 cent optional sales tax. The memorandum reasons that counties will receive no money from the Local Government Trust Fund for calendar year 1993 and thereafter because the legislature failed to override the Governor's line item veto of the 1991 tax act. The memorandum also states the promises of enacting legislation restoring the distribution is not a given and the Governor and the legislature may raid the trust fund to balance the state's budget. AMC advises counties to remind their legislators and the governor that the counties voted the 1/2 cent sales tax. If the counties don't receive a portion of the funds from the trust fund, there is no reason for the counties to support the tax. Finally, the AMC provides a sample resolution for counties to pass expressing the above sentiments to the Governor and the legislature. It is obvious this move is intended to exert pressure on the legislature and the Governor to produce a replacement mechanism for the vetoed portion of the tax act. AMC also seeks to protect the integrity of the Local Government Trust Fund. LMC and AMC share these objectives. However, the threat to revoke support for the trust fund is an extremely serious matter for cities, especially. Without the trust fund, cities, in any county revoking the 1/2 cent sales tax, would have no local government aid, no housing and agriculture credit assistance, no disparity aid, no anything. The programs which existed before the creation of the trust fund really aren't there anymore and would not be reconstituted if a county opted out of the trust fund. Mayors, Managers, Clerks Page 2 February 25, 1992 It is, of course, rather unlikely the legislature won't enact legislation correcting the problem resulting from the Governor's line item veto. But it could happen. Or, more likely, the programs included in the trust fund could be shifted around so less of the trust fund money would fund county programs. What would the counties do then? Opt out, or continue their support of optional sales tax so that city property tax relief programs continue? Should the Legislature fail to adopt a new trust fund distribution formula this year, we would expect many counties to rescind the local option tax and the whole trust fund concept to collapse. However, there is a danger that some counties could act to rescind the tax, even if the legislature passes a new distribution formula which is satisfactory but not ideal from the county standpoint. In view of this hazard, I encourage city officials to take these actions: 1. Urge your legislator to support a new trust fund distribution formula which maintains the integrity of the trust fund. 2. Urge your county officials to continue to support the trust fund and the 1/2 cent local option tax, provided the legislature passes any fairly reasonable trust fund distribution formula. Ask them to be careful that any resolution regarding rescinding the local option tax be applicable only in the event that no new distribution formula is passed in the 1992 session. 3. Point out to your county officials their action to rescind the local option tax could be negated by adoption of resolutions by the city councils and township boards having a majority of the county's population. This issue has such a potentially powerful impact on city finance that being forewarned is being forearmed. I encourage city officials most strongly-to develop a contingency plan meeting such an event. I suggest you contemplate what actions your city would take and whether you might join with city councils representing a majority of the county's population to reverse any county government decision to revoke support of the 1/2 cent local optional sales tax. I ASSOCIATION OF 3 M KSWCOWUN January 29, 1992 TO: COUNTY COMMISSIONERS FROM: JAMES MULDER, EXECUTIVE DIRECTOR RE: RESOLUTION TO RESCIND LOCAL "OPTIONAL" SALES TAX Recent disturbing events that occurred at the State Capitol have prompted me to encourage AMC's member counties to consider revoking the 1/2 cent "optional" sales tax. As you are probably aware, the legislature failed in its attempt to override the Governor's•line Item veto on January 14- By not accomplishing an override, current law is stil in effect, which means that counties will receive no money from the Local Government Trust Fund for calendar year 1993 and thereaf ter. We have beeri told that the legislature and Governor will enact legislation to adopt,new aid formulas, but it is not,a given. It also is not clear as to what the distribution formula will include and if the legislature and Governor will use the Local Government Trust Fund to balance the State's budget (a projected 340 million short fall) AMC believe that- it is advisable to remind your legislators and the Governox that counties voted for the 1/2 cent State sales tax increaaa to help Create the Local Government Trust Fund. If counties are no longer going to be a recipient of a portion of the proceeds of the fund, there is no reason for Counties to Participate in it. Therefore, it is recommended that counties consider passage of the accompanying resolution to 'accent your concerns. It is very important that all commissioners continue to contact their legislators and the Governor to express concern about our lost aid and the effect the loss of this aid will have on local property to es. 125 CHARLES ENUE ST. PAUL MINNESOTA 55103 -21011 612 -224 -334 FAX 812- 224e540 COUNTY RESOLUTION TO REPEAL 1/2 PERCENT "OPTIONAL" SALES TAX WHEREAS, the 1992 tax bill as passed by the state legislature contained a provision for the establishment of a Local Government Trust Fund, and WHEREAS, it was the understanding of county governments at the time of passage, that the additional one -half percent was added to the State's sales tax to establish such a trust fund, and WHEREAS, it was further understood that approximately two cents of the sales tax and one -half cents collected would be dedicated to this Local Government Trust Fund, and WHEREAS, the establishment of such a trust fund would help to keep property taxes low by providing a guaranteed flow of sale tax income to county and township governments, and WHEREAS, the Governor has eliminated county and township Homestead and Agricultural Credit Aid from the distribution of Trust Fund revenues through the use of his line item veto authority, and WHEREAS, The legislature failed on its first attempt to override the Governor's veto, so THEREFORE, BE IT RESOLVED, that the ---- - - - - -- County Board of Commissioners does hereby give notice that it is the intent of the County Board of Commissioners to rescind the "optional" 1/2 percent sales tax that was just passed by this same board in 1991, if the Governor and Legislature fail to restore the lost Homestead and Agricultural Credit and Disparity Reduction Aid that resulted from the Governor's veto. I b1j07j92 (R yISC}F2 1 FER /5P 92 -3492 i Iistrodtmed by Traub, Hondale, Flynn, S.P, No. 1694 � Ratwm, Olson January 13, 1992 Compan Lon ii. I' •' No.� Referred to Gumlaitr.et on 1.0CAi, GOVERNMENT I Reproduced by P14ILLIPS LEGISLATIVE SERVICE i 1 i I I i 1 A bill for an act 2 relating to He county, authorizing expenditures 3 to improve and maintain lake duality; proposing codinq 4 for new law in Minnesota Statutes, chapter 3838. 5 13E IT ENACTED 13Y THE LEGISLATURE OF" : THE STATE OP MINNESOTA: 6 Section 1. (383S.1561 ( LAKE AND WATER I I j 7 Th 'board of Commissioners of H ennepin cout7kY 3& h ereb 8 authorizec1 to appropriate an expend money Eromthe gene "ral 9 revenue fund of the county for the imp rovemen t, 2re servjtlon, 10 and protection of lake and w aters lying wh or aril inside 11 t he coun in order t ot 12 (1} preserve the natural charact of lakes and wa tered 13 their shoreland enviro 14 X 21 im rave the gualiky oP w il lakes and.'wateraI 15 and 15 LIL as sure protection of lakes a nd wat ers from the 17 detrimenta effects of h uman activi a natural con ditions, 18 growths, and processes. 19 Sec, 2. (EFFECTIVE DATE.1 24 Secti 1 is effective the daY folla f inat enactmen I 1 i 3 72 15 ajar ko Nc., C -nt r, M Inn e=oO 55429 6 1 2 . ) ',:,6 1 -137 U6 y 1992 Senator Hill Uithor st'ite Capitol St Paul, NIN 55155 Dcar Bill: SF 1094 grmtt€ Hemiciiiii Cowity the authority to appropriato aild cxpolld 11 CY 1. it is 0.6catcd directly m' Ifie "Vater Milf, proble -m oil Lako Mini-i0otik.a for which LMCD already has tq.7,ij3,g ziad simiditle, fiutflm Vchicle for cower y paxticijjati�m is 0TCZ1L1Y ill ltlacC thi Henliepiti Parks 3. Wisconsiti, - N-lichigati. and Miass ato tfiwc states we have talk to w1wie stateicOUIlty does not pay fox aquatic pJamt. coroxol. - lakeshore owii�rs, do. 4. Cost of erfidicatioii efforts for Milmetojila are estimated by LINICT and 13NR at $1 iitilhoii . plits per yeir so tids could v�iiid up impacting County taxes. 5. Paragraph (3) section 1. allo x s ccluf.ity control of aj& har cvi rlt %Othout ro"t.riction that they Illay tfiiiik detrimexital to lake. Delete this Fectioji (Ifiles 16, 17 A, 13 or restrict their ability to close public accoss to the lakes aiid it �tIottld be palatable. 6. lrJlOrV!� 3t1R-ChC)1dcr status of C'itrvcT CV,mty at its r"idetits, 7. Why just Heimepin Coutity aad iiot. state, vide? Make it stab wide Z131 I d it becorlies pala.table. 3. Heo-rle P it], COU.vity threate.11ed to its late '70's do to fund shortage, Cool'Tol should 11ot be givcii to th,o county. Para. (3) is blaLket authority, 9, Addition of a provision for cost ihariiig rtx1myement �vith local g 'ertitrierit or Oy ageacies and the bill. ot.tl.cl bocom.e oQcqLable, R v- Spec tfjilly 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 uburb - immediate north of Minne g y p s • 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) kr " ' 9A6ALL#MfACA C �` '1 .1 • -, O r �'"^..Y;�� #,iV`2.- 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 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. VI. CURRENT POLICY FOR RESIDENTIAL STREET IMPROVEMENTS • Initiated by petition • Costs: Special Assessment (1992) = $1455 per residential unit (On avera 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 2 residential street improvement projects have 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) Type II = $300,000 /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 IMPROVE MENTS (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. 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" (proposed) with user charges. Note In Brooklyn Center we now use ad valorem funds to cover the costs for "non - elective maintenance" and for "expected i services ". However, unless a major street reconstruction program is initiated soon, these costs will escalate dramatically... requiring increased property taxes. If funds 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 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. Building Blocks of a Transportation Utility Fee: a q/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 b 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 1 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, 0 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 out 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 0 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 rans ortation utili Expenditures of transportation utility t P n' xP P 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 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 I 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 lan a multiple-year r r operational, maintenance 3 to S years) program n o and P ( Y )P b f reconstruction expenditures, would be required in order to adopt and implement the transportation utility. 6 V. Categories of Iand 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 all 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 - 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 lod 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. 41 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 1570 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, at one site on the way to the primary purpose of the trip. The trip is not rerouted or changed 0 to accommodate this stop. (example: a stop at a gas station on the way to or from a " 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 OF BROOKLYN CENTER Council Meeting Date 3/9/9 Agenda Item Number / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PARK AND RECREATION COMMISSION RECOMMENDATION RE: PURCHASE OF PROPERTY AT 4100 51ST AVENUE NORTH DEPT. APPROVAL: Sy Knapp, Di for o ublic Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached Yes In December, 1991 Ron Brixius, who owns the house and property at 4100 51st Avenue North (see Exhibit 1 attached) called to ask if the City is interested in purchasing his house and property. Based on my discussion with the City Manager I returned a call to Mr. Brixius and advised him that City staff will recommend that the Park and Recreation Commission and the City Council consider purchasing his . ro ert P P Y Purchase of this property is anticipated in the concept plan developed in the "Middle Twin Lake Park Study" (see Exhibit 2 attached). While we have not initiated any price negotiations, and have not hired an independent appraiser, it is my impression that Mr. Brixius would be willing to sell at a reasonable price. At this time, the only known figure is that the City Assessor's fair market value appraisal for this property is $137,800. If the City Council expresses an interest y p Brest in acquiring this property, staff can initiate negotiations with the owner, either using the City Assessor's appraisal as a starting point, or we could hire an independent appraisal. It is estimated that an independent appraisal could cost approximately $500. If this property is purchased, it is staff's recommendation that the house be removed, to allow use of the property as open space. Based on our experience with 69th Avenue house removals, it is unclear whether house movers would be interested in buying this house (it's a 2 -story colonial) for moving to another • site, or whether they would charge the City for removing it. This would probably depend on whether or not they could purchase a relocation lot in fairly close proximity. If the City Council eventually decides to proceed with the purchase of this property, it is recommended that the costs of purchase and for house removal (if any) be charged to the Capital Projects Fund. The Brooklyn Center Park and Recreation Commission considered this matter on February 1992 and unanimously voted to recommend purchase of this property (see minutes attached). RECOMMENDED CITY COUNCIL ACTION • Discussion... • Consideration... • B motion provide City staff with direct' Y P y ion... Note: If the Council directs staff to proceed with an appraisal and /or negotiations, staff will then bring the results of those actions back to the Council for final approval or rejection. • Exhibit 1 Brixius Property /F C, Siff L L Outlot A & B acquired with - : , "Twin View Meadow plat 2 1. So o oLrrL= a mv (30 a () C;) can OW (22 � m a MIDDLE TWIN L K� I d IIII CL "� i - i ,r. � •'1. •.`u:.l;.li' . �..... it �._ � �w �' /li: 'I \ III r • ' � '�� .�:`•':��; .i:::ri • i ' • N; •, • :� i � • �''i::•� ••.rR,li .r � { . %, IU t: Pa t V T N LAKL AV! •'�: 4�' };:,: •i'1: 7:' � '�: :' ",i. • :•� ` `l � 'I � P 1 rn O• , i. ..tea "'- - '^ .')�' ^•�...," i r a r/. �....1• fi: kw AV AZELIA AVE _ ❑ ; J ,' I l _ J ..,, <.. \�II ' M ••0 iwi �AK e`iiLIo Val t S o Ms. Thorbus again mentioned the need of signing the parking lot ah also mentioned the heavy use there is between the library, fields, et City Manager Gerald Splinter explained further parking/lots, signing, etc. Director of Recreation Mavis talked abptt the probl ms there were years ago with the southern neighbors and that the Li tle League took over to help with the parking pr 'blems. Director f Public Works Sy Knapp explained that sign, e of lots is a last res rt to problems; that it is better to let things happen and then wo with the organization. If there is 'till a problem, then conside signing. Something can always b) done; but wait first. City M ager Gerald Splinter me/rinformed at when the paths were put in they ad waited to see what le used, then put the paths where t ey were needed. There was a questio of the height of to be put around the fields. City Ma ger Gerald Spli them that it would be a 4 ft. fend Chairman Sor ed that this all depends on the council a proving the and proposal. City Manager Gerald Splinter said the ext step ould be to take measurements and to get the information ut to e interested public. Councilmember Pedlar stated th t e was the liaison person for the city council, and that he will t ke the message back to the council of the concerns the neighbor Would have, and that he was sure their concern /arecommendation d be work 'd oust. One of the residents stated that their oncerns w re the children's playground and the question of ational arking. ouncilmember Pedlar said that a safe distanld be strong poi t for consideration. 1 After some dion n the safety fa or, Chairperson Sorenson asked for any o 1 comments to which there was no reply, then he thanked thp e for coming. Direc r of Recreation Mavis stated that wa recommendation for th proposal. Commissioner innick made the motion and C mmissioner Russell seconded the n that the Park and Recr ation Commission recommend to ty council that the City lease this land to the American Lit le League. The motion passed. /ont er Pedlar asked when this item would be o the council City Manager Gerald Splinter informed him t at it would March 9 agenda. Director of Recreation Arnie avis said ould take care of getting the notice on th March 9 t to the concerned public. borhood meeting disbursed at 8:45 p.m. A five mi ute taken. BRIXIUS PROPERTY City Manager Gerald Splinter explained what was happening with the Brixius property. -3- City Manager Gerald Splinter said that Mr. Brixius called the City to see if the City would be interested in buying the property. Director of Public Works, Sy Knapp, and City Manager Gerald Splinter recommended that the City purchase the property for $140 - $150,000. The property is 95 ft. wide by 150 ft. deep; includes a two story colonial, stucco, approximately 30 -35 years old - a nice sized house. City Manager Gerald Splinter stated that if the homeowner comes to us, we don't have to get into a relocation situation. The City could pick up about nine acres with 100 ft. of lake shore for a reasonable price. Commissioner Charles Rickart stated he could not read the map since he is new to the commission, and asked for an explanation. City Manager Gerald Splinter explained the study done years ago on the lake when there was a master plan made. The City became aware of the Joslyn site and its potential for park use, trail connection along the lake, and a possible loop trail around Twin Lake. City Manager Gerald Splinter went on to explain the possible trail system, concept plan, and informed Commissioner Rickart he could get a copy of the plan for him to look at. There was a question asked about the size of the lake and Director of Public Works, Sy Knapp said it was a shallow lake with the maximum depth of 3 to 8 feet. Chairperson Sorenson asked if there were any comments and Director of Recreation Mavis said he thought it was a golden opportunity. Commissioner Shinnick made a motion to recommend to the city council to purchase the property, and Commissioner Russell seconded the motion. The motion passed. City Manager Gerald Splinter went on to explain how funds would be available for such purposes. YGROUND AND PARK CONDITIONS UPDATE Sup intendent of Public Works, Dick Schwab discussed e memo he had ma up on parks for 1993 which includes Twin ach, Freeway, Northport Evergreen parks. Stating tha f the playground equipment at t e locations is not replac it will have to come out. The wooden is at Northport d Twin Beach should be replaced. Director of creation vis asked if we want to do something at Twin Beach sin we re considering moving equipment up to the Joslyn site. Dire o of Recreation Mavis asked if it could be picked up and move and the uperintendent of Public Works said yes, it is movable. City Manager inter recommended we work with what we have. Director of Re eation Arnie Mavis mentioned t launch site at Lyons Park Robbinsdale would be lost when constr tion is done on the i ersection of Highways 81 and 100. This wou mean we need a her boat launching site on Twin Lakes to satisfy e DNR requ ements for stocking the lakes with fish. Twin Beach cou be a ossible site; and thus change the playground situation there. -4- CITY OF BROOKLYN CENTER Council Meeting Date March 9, 1992 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: RECOMMENDATION FROM FINANCIAL TASK FORCE REGARDING COMMUNICATIONS COORDINATOR POSITION DEPT. APPR AA Gerald plinter, City Manager MANAGER'S REVIEW/RECONMENDATION: No comments to supplement this report Comments below /attached SUMM ARY EXPLANATION: (supplemental sheets attached ) • On February 27, 1992, at their regular meeting, the Financial Task Force reviewed the proposed Communications Coordinator concept as presented by Mayor Paulson. The Task Force passed the following motion regarding this matter: "There was a motion by member Escher and second by member Christensen that the Financial Task Force refer the concept of the Communications Coordinator position as outlined by Mayor Paulson back to the City Council with the recommendation this position be considered by the Financial Task Force as a part of the City Council's Financial and Service Prioritization Process dated 1/7/92. the motion passed unanimously." Attached is a draft copy of their minutes. RECOMMENDED CITY COUNCIL ACTION Motion to accept /reject /modify recommendation. i 0 MINUTES OF THE PROCEEDINGS OF THE FINANCIAL TASK FORCE OF THE CITY OF BROOKLYN CENTER FEBRUARY 27, 1992 C BARN - EARLE BROWN HERITAGE CENTER Chair Kelly opened the meeting at 7:05 p.m. Present at roll call were Chair Kelly, members Escher, Boran, Christensen, Boyd, Peppin, and Council Liaison Pedlar. Also present were Mayor Paulson, Finance Director Holmlund, Planning and Inspections Director Warren, Manager Splinter and two citizens. There was a motion by Escher and second by Boyd to approve the minutes of the February 13, 1992, and January 22, 1992, meetings were approved. The motion passed unanimously. Chair Kelly stated he received a call from Mayor Paulson who asked to appear on the agenda to explain the proposal for a Communications Coordinator for the City of Brooklyn Center. Mayor Paulson stated the purpose of this position was basically three- fold: first to improve and enhance the identity of Brooklyn Center, second to provide information to the citizens and to the public and third to improve citizen and community involvement in Brooklyn Center government. He then proceeded to review the job description stating there was professional input from a variety of sources in developing this description. The major aspects of the job description would involve working on communications in the area of newsletter, newspaper, and cable T.V. This position *ould serve as a volunteer coordinator, assist in handling complaints, advising staff on external and internal communications and coordinate marketing with the Tourism Bureau, Heritage Center, North Metro Mayors, and the Chamber of Commerce. The position would also assist in providing publicity help for the Earle Brown Days. It would also provide assistance to the Mayor and Council as a liaison with staff and he envisioned it as being a free floating position working with staff and elected officials. He stated the initial costs of the position for 1992 would be in the area of $53,510 and that included salary and equipment and the annual ongoing costs would probably be in the area of $40,000 to $45,000. Mayor Paulson asked the Task Force to recommend approval of the position to the City Council. Councilmember Pedlar stated he concurred with the concept of the communications position and goals of it but he questioned approval of it at this time as he believed it should be placed into the prioritization process along with all other proposals and existing services. Member Peppin stated with the State budget shortfalls and the concern over dollars he questioned the position at this time and 2 -27 -92 -1- especially the constituent services portion of the position. He didn't believe the position should be in direct support of the Mayor, Council or elected officials. He concurred with Councilmember Pedlar the concept was good but he had concerns about the timing and portions of the job. Members Christensen concurred with Mr. Peppin stated the timing for him was a problem and it should go through the regular prioritization process which means all the dollars must come together and choices must be made among all items in the budget. Other members expressed concerns that this position might have too many bosses to be effective. Member Boran stated he was not capable of reacting to this recommendation at this time because he couldn't compare it with other services which may have a higher, lower or similar value. Mr. Peppin believed we should look at all the expenditures, including this position, as a part of the prioritization process. Chair Kelly stated it was his understanding the current funding was a Council allocation or set aside in the contingency fund. He stated in reviewing the proposed financial policies and existing policies it appears the contingency fund should be used for surprise or unanticipated events or situations. This position didn't appear to be a "surprise" and he questioned how this position would be financed in 1993 if the contingency fund was used in 1992. Member Boyd reviewed for the membership, quoting out of the proposed financial policies, the contingency fund should not be used for this type of purpose under the quoted policy. Member Escher stated he believed the Task Force should add this proposal to the regular prioritization process and not give the Task Force approval or blessing at this time. Member Boran asked Mayor Paulson if he believed this position had a higher value than the aquatics director, the domestic intervention program director and the canine unit. Mayor Paulson responded by saying he believed the communications position had a higher value than the aquatics position and a lesser value than the domestic abuse intervention position and the canine position. Mr. Boran further stated he believed it would be premature of the Task Force to consider this communication position at this time. Councilmember Pedlar stated it was clear the Financial Task Force's charge was to prioritize services and programs. It is difficult for him to talk about cutting police and other services when you are considering funding positions such as this. Mayor Paulson asked the Task Force to consider recommending filling the position as soon as possible and then let the position go through the 2 -27 -92 -2- 0 prioritization process. Councilmember Pedlar stated in response to Mayor Paulson's inquiry that he didn't believe it was a good idea to hire a person now and put the position into the prioritization process which could lead to dismissal if it shouldn't make it through the process. Mr. Christensen stated he was not ready to recommend this matter this evening. Chair Kelly stated the Council and staff should consider sharing this type of position with Brooklyn Park or possibly contracting part time for these services or possibly some other type of joint effort. Chair Kelly acknowledged the presence of two citizens and asked if they wished to comment. The first citizen stated that he thanked the Council, or this committee or whoever for getting the Council meetings on cable T.V. He stated it was his understanding Minnetonka did away with this position and he was concerned that with cutbacks in other areas it was difficult to understand how you could add this position at this time. The second citizen inquired as to how this position activity could be coordinated with existing work. Later in the meeting, as he was leaving, he stated he believed the city's finances were in good hands with this Task Force, as it was doing a good job and he was impressed. Member Escher stated the City should consider using a contractual arrangement to avoid an employee /employer relationship for this type of activity. There was a motion by member Escher and second by member Christensen that the Financial Task Force refer the concept of the Communications Coordinator position as outlined by Mayor Paulson back to the City Council with the recommendation this position be considered by the Financial Task Force as a part of the City Council's Financial and Service Prioritization Process dated 1/7/92. The motion passed unanimously. Chair Kelly introduced Ron Warren, Director of Planning and Inspections and Mr. Warren made a presentation to the Task Force regarding the activities, functions, expenditures and revenue sources for the department of Planning and Inspections. Written materials were submitted to the Task Force for review and consideration. Members Escher and Boran questioned Mr. Warren after the presentation regarding various aspects of the statistics for planning commission applications and building permit applications. It appears there is a decreasing volume in these areas. Mr. Warren stated these figures were developed for his review within his department and they may not completely match the exact ones in the financial system but they are used for his internal review and they indicate lower volumes over the last few years. He stated the types of inspections now being done by the department are of a smaller nature in terms of project size and cost but they consume more time because they involve a lot of do it yourself type projects. In these projects the building inspector 2 -27 -92 -3- ends up to be somewhat of a consulting service in assisting citizens in making deck expansions or room expansions, or basement remodelings, etc. one question the Council and Task Force will be addressing is that traditionally many of these type of services (inspections on small home projects) have been paid for through taxes and higher fees on non - residential projects. Now because of tight budgets we might consider paying for these inspections through increased fees to cover the actual cost. Chair Kelly thanked Mr. Warren for his presentation and apologized for the lateness of this matter on the agenda and stated if any of the Task Force members had any questions could they call. Mr. Warren stated any time any of the members have any questions about the materials presented or about his department, they could give himself or the City Manager a call. Chair Kelly stated the Task Force should consider when they want to set the March meetings and noted on a preliminary basis the Task Force had approved March 12 and 26. After discussion in which some of the members indicated they would not be able to be present for the March 12 meeting it was consensus that the meeting dates for March should be the 12th and the 26th and the location would be the C -Barn at the Heritage Center and that the Financial Reserve and other policies discussion should be on the March 26th meeting because that is when the most members are assured of being present. Manager Splinter asked if the Task Force would spend some time at an upcoming meeting discussing what types of information or the manner in which it could be presented would be useful for them during the prioritization process. After discussion member Boran stated it would help if there could be some information of the 90% remaining portion of the prioritization as well as the obvious detail that will be in the proposed 10% cut section. After discussion it was agreed that members should contact Manager Splinter if they have any specific suggestions and it would be placed as a discussion item at their next meeting. Manager Splinter said the staff will also be trying to get some kind of comparative data on expenditures levels and measurements which would allow the Task Force to compare Brooklyn Center to other communities. There was a motion by Escher and second by Peppin to adjourn the meeting. The motion passed unanimously. The meeting was adjourned at 9:34 p.m. 2 -27 -92 -4- CITY OF BROOKLYN CENTER council Meeting Date starch 9. 1992 Agenda Item Numbcr , a REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROPOSED BROOKLYN PARK /BROOKLYN CENTER JOINT MEETING AGENDA DEPT. APPRO e d G. inter, City Manager MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Attached is a proposed agenda for the Brooklyn Center /Brooklyn Park joint meeting for March 16, 1992, at 7 p.m. in the Brooklyn Park Council Chambers. RECOMMENDED CITY COUNCIL ACTION Please review /discuss and direct staff to confirm or modify agenda. • MEMORANDUM TO: Gerald G. Splinter, City Manager - Brooklyn Center FROM: Craig Rapp, City Manager - Brooklyn Park SUBJECT: Proposed Agenda for Joint Meeting March 16, 1992 - 7 :30 p.m. 1. Housing - Deterioration - Maintenance Code Enforcement - Strategies 2. Crime /Safety -City Positions on Dealing with Crime /Crime Perception -Joint Projects - C.O.P. - Status Report 3. Public Relations /Image - Status /Observations by Each City - Possible Joint P.R. Program 4. Cultural Diversity - Perceptions of Each City - Programs /Commitment 5. Transit - Inter - suburban Movement -RTB Plan - Possible Joint Activities CITY OF BROOKLYN CENTER council Meeting Date March 9. 1992 Agenda Item Number a / to REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MONA HINTZMAN DEPT. APPROVAL: T. paci Patti A. Page, eputy City Clerk MANAGER'S REVIEW/RECOMMENDATION: s-n No comments to supplement this report Comments below /attac ed SUMMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION • �3ot, t i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MONA HINTZMAN WHEREAS, Mona Hintzman served on the Brooklyn Center Charter Commission from February 15, 1984, to February 15, 1992; and WHEREAS, Mona Hintzman has served in the capacities of Vice Chairperson, Audit Chair, and has always been willing to serve on various ad hoc committees throughout her term; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, her leadership and expertise has been greatly appreciated by the Brooklyn Center Charter Commission; and WHEREAS, it is highly appropriate that her services 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 Mona Hintzman 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 Da Agenda Item Number / 5 _ b REQUEST FOR COUNCIL CONSIDERATION rrEM DESCRIPTION: RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 1/2 TON PICKUP TRUCK DEPT. APPROVAL: -9 0 � Patricia A. P e, Deputy City Clerk „ r MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUVIrVIARY EXPLANATION: (supplemental sheets attached ) • It is proposed this pickup be purchased by the Public Utility department with the cost being split between the water utility fund and the sewer utility fund. When an additional maintenance person was added to the PU staff in 1980, no additional vehicles were added. There are currently eight full time staff and six vehicles. The department also employs three part time staff in summer. An extra pickup would be used year round to increase crew efficiency, and reduce extra trips to the shop. The vehicle would be very helpful during the meter reading season, when each person needs a vehicle. It would also be used in providing an increased level of sanitary sewer maintenance, and in meeting the new water testing requirements of the Safe Drinking Water Act. It should be noted a fiberglass utility service body for this unit will be requested separately. Quotes are currently being obtained on this piece of equipment. The Hennepin County Cooperative Purchasing Group awarded a contract to Superior Ford for pickup trucks. I have received confirmation from Superior Ford that they can and will extend this contract pricing to the City of Brooklyn Center. The cost of the pickup truck from Superior Ford is $9,508. RECOMMENDED CITY COUNCIL ACTION I recommend approval of the attached resolution. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 1/2 TON PICKUP TRUCK WHEREAS, it has been deemed necessary to purchase a 1/2 ton pickup truck using public utility funds; and WHEREAS, it is possible for the City of Brooklyn Center to participate in a Hennepin County contract to purchase the 1/2 ton pickup truck; and WHEREAS, the Hennepin County contract was awarded to Superior Ford by the Hennepin County Cooperative Purchasing Group; and WHEREAS, the cost of the pickup truck under the Hennepin County contract is $9,508.00. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the purchase of one (1) 1/2 ton pickup truck from Superior Ford under Hennepin County contract #2051A1 in the amount of $9,508 is hereby approved. 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 March 9, 1992 Agenda Item Number /3 c, REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE PURCHASE OF ONE FIBERGLASS SERVICE BODY TO BE INSTALLED ON A 1/2 TON PICKUP TRUCK ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: P. QLNe� Patricia A. Pa Deputy City Clerk MANAGER'S REVIEW/RECOMIVIENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) It has been proposed that a 1/2 ton pickup truck be purchased using public funds. It is necessary to purchase a fiberglass service body for this truck and we have received two quotations for this service body. The low quote came from LaHass, in the amount of $5,050.00 RECOMMENDED CITY COUNCIL ACTION I recommend approval of the attached resolution authorizing the purchase of one fiberglass service body to be installed on a 1/2 ton pickup truck. If the Council decides not to approve the purchase of the 1/2 ton pickup truck, then this item should not be considered. • I3� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE FIBERGLASS SERVICE BODY TO BE INSTALLED ON A 1/2 TON PICKUP TRUCK WHEREAS, it has been deemed necessary to purchase a 1/2 ton pickup truck using public utility funds; and WHEREAS, it is also necessary to purchase a fiberglass service body / p ickup to be installed on the 1 2 ton icku truck; and WHEREAS, two quotes have been received for the fiberglass service body as follows: COMPANY QUOTE LaHass $5,050.00 Road Machinery & Supplies Co. $5,200.01 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the purchase of one fiberglass service body from LaHass, in the amount of $5,050 is hereby approved. 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 Coundi MeeWg Date 3 ` Agenda Rem Numbe REQUEST FOR COUNCIL CONSIDERATION { �� Dii ��� }********** t#**, rt******,► �** *t *ir * # * : * #� t * * * * * * * * * *,r,r *mot * *f- ,t,� * * * * * *t : : : * # *y ITEM DESCRIPTION: RESOLUTION AWARDING VARIOUS CITY INSURANCE CONTRACTS •� * *t *st * :♦ tit• rites*♦♦ t• i�**: hr�, t** tt�rr��ts�tir *►t�tt+ssi+ttrt * *tt *t* • *�+ss+►srt DEPARTMENT APPROVAL vJ Signature - title Di MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached _) I have attached a resolution, which if adopted by the City Council, would renew annual insurance contracts for the following insurance coverages: Comprehensive Municipal Property and Casualty Insurance Workers' Compensation Insurance Liquor Liability Insurance Boiler and Machinery Insurance The resolution would also renew annual contracts with the City's insurance agent and risk management consultant as follows: City Insurance Agent: Brandow Howard Kohler & Rosenbloom, Inc. (BHK &R) Risk Management Consultant: American Risk Services, Inc. I have also attached a memorandum to Gerald G. Splinter, City Manager, which details terms of, and justification for, the renewals. STAFF RECOMMENDATION Staff recommends the renewal of the insurance, insurance agent, and risk management consultant contracts as contained in the attached resolution. SPECIFIC ACTION REQUIRED BY THE CITY COUNCIL Pass the attached resolution awarding City insurance contracts. CIT DEPARTMENT OF FINA N"CE BR (CCCAI L) OOKLYN CENTER TO: Gerald G. Splinter, City Manager FROM: - Director of Finance DATE: February 27, 1992 SUBJECT: RENEWAL OF VARIOUS CITY INSURANCE CONTRACTS I, together with the City's insurance agent and risk management consultant, have completed negotiations with the League of Minnesota Cities Insurance Trust (LMCIT), the Transcontinental Insurance Company, and the Hartford Steam Boiler Inspection and Insurance Company for the renewal of the City's comprehensive municipal property and casualty insurance, workers' compensation insurance, liquor liability insurance, and boiler and machinery insurance for calendar year 1992. The annual premiums, compared to the 1991 premiums are as follows: 1992 1991 Net Net Percent Coverage Premium Premium Increase Increase --------------------------- - - - - -- ---- - - - - -- ---- - - - - -- ---- - - - - -- ----- - - - - -- Comprehensive Municipal Property and Casualty: Property $ 28,753 $ 26,192 $ 2,561 9.78% Inland Marine 5,483 6,097 (614) - 10.07% General Liability 94,754 74,260 20,494 27.60% Errors /Ommissions Liability for Public Officials 8,995 10,78T (1,786) - 16.57% Automobile Liability 15,254 27,904 (12,650) - 45.33% Automobile Physical Damage 15,199 13,925 1,274 9.15% Bonds 5,641 4,837 804 16.62% Crime (Money & Securities) 1,182 1,182 0 0.00% ---- - - - - -- ---- - - - - -- ---- - - - - -- Total Property & Casualty $ 175,261 $ 165,178 $ 10,083 6.10% ---- - - - - -- ---- - - - - -- ---- - - - - -- Workers' Compensation $ 270,072 $ 212,511 $ 57,561 27.09% ---- - - - - -- ---- - - - - -- ---- - - - - -- Liquor Liabililty $ 23,112 $ 21,024 $ 2,088 9.93% ---- - - - - -- ---- - - - - -- ---- - - - - -- Boiler and Machinery $ 2,990 $ 2,718 $ 272 10.01% ---- - - - - -- ---- - - - - -- ---- - - - - -- TOTAL $ 471,435 $ 401,431 $ 70,004 17.44% All premiums are shown net (no commissions) because the City has an agreement with BHK &R Insurance Agency for agent services on a flat "fee for services" basis rather then paying BHR &R a commission based on premium. The City realizes a considerable saving on this arrangement. I will detail the amount of savings later in this memo. It should also be noted that some of the insurance premiums which are based on payroll or sales are estimates and are adjusted at year end by insurance auditors when they finish their audits. Therefore, the 1991 premiums for those coverages will probably be higher then shown. The above premiums also do not reflect dividends paid by the insurer. -1- In 1981, the City Council decided to join the newly created League of Minnesota Cities Insurance Trust (LMCIT) for all insurance coverages offered by LMCIT. It was a very good decision. LMCIT has managed to bring insurance costs to Minnesota Cities under control. LMCIT, because of its success, now insures most cities in the State of Minnesota. Because of the reasonable insurance rates offered by LMCIT, there is little or no competition from the private insurance writers. If LMCIT's rates ever do rise above market, we can be sure that the competition will be back. LMCIT is also offering much broader coverage for cities then that which was offered by private insurance carriers. Because LMCIT now has so many member cities whose insurance policies renew on the same January 1 date, it is difficult to get premium quotes as early as previously. That is why the insurance renewals are being brought to the Council after January I. The following is an analysis of insurance premiums by type of coverage: COMPREHENSIVE MUNICIPAL PROPERTY AND CASUALTY INSURANCE COVERAGE. ---------------------------------------------------------------- The estimated premium for 1992 is approximately 6% greater then the 1991 estimated premium. The increase is atributable to the fact that City property values have increased and City expenditures, which are used for rating liability premium, have also increased. Overall, LMCIT rates actually decreased by approximately 5 1/20. It should be noted that the City, for the fifth consecutive year, received a dividend from LMCIT in 1991. This year's dividend was $44,150 and will reduce the annual premium of $165,178. WORKERS' COMPENSATION INSURANCE COVERAGE. ---------------------------------------- The annual premium of $270,072 is an estimate based on the projected payroll for 1992. The final premium is determined at year end when payroll costs are available. The estimated premium for 1992 is approximately 27% greater then the 1991 estimated premium. Again, it should be pointed out that the 1991 premium will probably be higher then the estimate when additional payroll is picked up by the insurance auditors at year end. Most of the additional payroll resulted from the assumption of management of the Earle Brown Heritage Center. Other factors that contributed to the premium increase was a 6 % increase in LMCIT's workers' compensation total insurance rates and an LMCIT revision of the various occupation rates. Some classifications went up - some down. Unfortunately, the majority of the occupation classification rates used by the City went up. And finally, the actual experience loss of the City was also taken into consideration in determining the final premium. LIQUOR LIABILITY INSURANCE COVERAGE. ----------------------------------- The annual premium of $23,112 is an estimate based on the projected liquor sales of the City's three off -sale liquor stores. The final premium is determined at year end when sales are determined and audited. The estimated premium for 1992 is approximately 10% higher then estimated for 1991. The increase reflects the national trend in liquor liability insurance rates and the scarcity of insurers willing to write liquor liability insurance. I think that we are fortunate to keep our rates as low as they are. -2- BOILER AND MACHINERY INSURANCE COVERAGE. The annual premium for 1992 is also approximately 10% higher then 1991. This is a speciality insurance and is not offered by the LMCIT. The City has been insured with Hartford for many years and has received excellent coverage when we have had losses. We have also used their expertise when we needed advice on boiler and machinery matters. Hartford serves the role of both insurer and consultant. In 1990 the City Council, upon Staff recommendation, discontinued the practice of paying commissions based on premium costs to the insurance agent and instead sought proposals from insurance agents to enter into a contract with the City to provide insurance agent services on a fee - for - service basis. Kohler & Rosenbloom, Inc. (BHK &R) was selected as the City's insurance agent and is paid a flat fee for providing agent service on all of the City's insurance policies. The City also retained a risk management consultant, American Risk Services, Inc., to assist City Staff in preparing insurance specifications, reviewing insurance policies and other contracts, and advising on all risk management questions. The risk management consultant is completely independent from the insurance industry and is therefore able to better represent the City in any disputes with the insurer. The combination of retaining an insurance agent and a risk management consultant on a fixed annual fee has given the City much more insurance services at a lesser cost then if we were to retain only an insurance agent on a commission basis. The City will save a projected $14,662 in 1992 due to our current arrangement over what would have been paid through the commission system previously used The detail of the savings follows: GROSS Annual Commission Type of Insurance Premium Rate Commission ------------------------------------- - - - - -- ---- - - - - -- ----- - - - - -- ---- - - - - -- Comprehensive Municipal Casualty & Property $ 194,734 10.00%$ 19,473 Workers' Compensation 275,628 2.00% 5,513 Liquor Liability 25,680 10.00% 2,568 Boiler and Machinery 3,738 20.00% 748 ---- - - - - -- ---- - - - - -- $ 499,780 $ 28,302 Less Service Contracts: Insurance Agent Fees $ 8,600 Risk Management Consultant Fee 5,040 13,640 ---- - - - - -- ---- - - - - -- Fee- For - Services System Net Savings $ 14,662 INSURANCE AGENT'S FEES FOR SERVICES CONTRACT. -------------------------------------------- BHK&R Insurance Agency has agreed to extend its fee - for - services contract to January 1, 1993 at no increase in the fee for services. The annual fee is $8,600. The contract is attached. RISK MANAGEMENT CONSULTANT'S CONTRACT. ------------------------------------- American Risk Management, Inc. has asked for a slight monthly increase of $20. This would be the first increase in this contract since our first contract in 1988. The annual fee would be $5,040. The contract is attached. -3- I have attached a resolution, which if adopted by the City Council, would accept the negotiated annual insurance premiums, insurance agent fee, and the risk management consultant fee. I recommend the resolution be adopted. Q k4 Paul W. Holmlund -4- (CCCRAI) Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION AWARDING VARIOUS CITY INSURANCE CONTRACTS -------------------------------- WHEREAS, the Director of Finance and the City's Insurance Agent have negotiated annual renewal premiums for the City's comprehensive municipal property and casualty, liquor liability, boiler and machinery, and workers' compensation insurance coverages for the period from January 1, 1992 to January 1, 1993 and they are as follows: 1. Comprehensive Municipal Property and Casualty Insurance from the League of Minnesota Cities Insurance Trust (LMCIT): Property $ 28,753 Inland Marine 5,483 General Liability 94,754 Errors and Omissions 8,995 Automobile Liability 14,722 Uninsured Motorist 532 Automobile Physical Damage 15,199 Crime 1,182 Bonds 5,641 Estimated Total Annual Premium $ 175,261 2. Workers' Compensation Insurance from the League of Minnesota Cities Insurance Trust (LMCIT): Total Annual Estimated Premium $ 270,072 3. Liquor Liability Insurance from the Transcontinental Insurance Company: Estimated Annual Premium $ 23,112 4. Boiler and Machinery Insurance from the Hartford Steam Boiler Inspection & Insurance Company: Total Annual Premium $ 2,990 ; and WHEREAS, Brandow Howard Kohler & Rosenbloom, Inc. (BHK &R) has been the City's insurance agent since January 1, 1990 on a fee - for - services basis, has provided good agent services to the City of Brooklyn Center, and wishes to extend the agreement for services or another year; and RESOLUTION NO. WHEREAS, American Risk Services, Inc. has been retained as the City's insurance consultant since June of 1988 on a contract for services, has provided good consulting services to the City of Brooklyn Center, and wishes to extend the contract for consulting services for another year. Center to: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn I. Accept the negotiated insurance renewals and award the contracts as stated. 2. Designate the Brandow, Howard Kohler & Rosenbloom, Inc. (BHK &R) Agency as the agent of record for said insurance. 3. Renew the fee - for - services contract as City insurance agent with BHk &R for the period of January 1, 1992 through December 31, 1992 at an annual fee of $8,600. 4. Renew the contract for consulting services with American Risk Services, Inc. for the period of March 1, 1992 through February 28, 1993 at an annual rate of $5,040. 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. v� H K fZ AGREEMENT Insurance Counserors Rrc( A4�n,a City of Brooklyn Center hereinafter "Client ", agreed to engage the services of Brandow, Howard, Kohler, and Rosenbloom, Inc., 7825 Washington Ave. So., Minneapolis, Minnesota 55439 -2433, hereinafter "BHK &R ", and BHK &R agrees, as a function of their Business. of General Agents, Insurance Agents or Insurance Brokers to advise Client in management of risks of loss generally covered by property and casualty insurance, and fidelity and surety bonds, the above risks hereinafter "general insurance risks ", and employee benefits, subject to the following terms and conditions: I. EFFECTIVE DATE AND TERM This agreement shall begin on 1/1/92 and shall continue for an initial period of one year and thereafter shall continue from year to year. Either party may terminate this agreement by giving written notice at least ninety (90) days prior to the date of termination. II. OBJECTIVE OF AGREEMENT BHK &R will employ its technical knowledge, 46 its knowledge of general and specific market conditions and its ability to manage or transfer general insurance risks, to assume as many insurance management functions as Client deems appropriate. Client understands that BHK &R will act in the dual capacity of risk management counselor and insurance agent. III. DUTIES OF CLIENT Client agrees to make available to BHK &R all necessary financial and operating data essential to the performance of the services described or assumed b BHK &R under clau e II. Client shall provide access to its plants and properties and such written authorization as shall be required by rating boards or similar insurance organizations. The confidential nature of the information thus acquired shall be divulged by BHK &R to other persons only when reasonably necessary in connection with services to be performed under this agreement. Client further agrees to appoint BHK &R agent or broker of record for all insurance companies marketing their products through the agency system. IRANDOW HOWARD KOHLER & ROSENBLOOM, INC. Olympic Place 7825washnrlton Ave. South Minneapolis. M 55439.1433 611. 944.8885 FAX 612- 944.9795 Te•Irx 29 -1030 it nc•ndPnt In .ur me -1 n A \ . rtmtt r� mrr�, -.i IR'i'�F�'lFi:, .•SUrC 2 P IV. BASIS OF COMPENSATION $8,600 as an annual fee for consultant services. Insurance placed by BHK &R as agent or broker will either be placed on a net (no commission) basis or on a commission basis. If commissions are paid to BHK &R, they will be credited against all fees and expenses incurred. BHK &R shall maintain accounts which may be inspected by client for: (1) fees and expenses incurred under this agreement, and (2) commissions received by BHK &R as a result of insurance placed for client. Upon termination of this agreement, if commissions exceed fees and expenses incurred., Client may request BHK &R to perform additional risk management services equal in value to such difference. BRANDOW HOWARD KOHLER & ROSENBLOOM, INC. CLIENT: CITY OF BROOKLYN CENTER By: �i<cc� �a�c�Q By: Date Date 134/53/1 -2 0 Risk Management Emplovee Benefits Consultants American Risk Serv ices, Inc. Northwest Business Campus 3033 Campus Drive-Suite A418 Minneapolis, NIN 554.4 -2620 Tel: (612) 559 -7300 January 28, 1992 Fax: (612) 555 -76-40 Paul W. Holmlund, Finance Director City of Brooklyn Center 6301 Shingle Creek Parkwav Brooklyn Center, MN 55430 Re: Risk Management Consulting Services Dear Paul: During 1991 we have kept an accurate record of our time spent on your account. For your information, I am enclosing a copy of this listing. Paul, as you can see, we have spent 15.3 hours more than we anticipated under our current fee basis. Partly the increase was caused by the addition of the Earl Brown Heritage Center. We do feel that an increase in our fees is appropriate. Especially, since we have not requested an increase since our agreement in June of 1988. If you will remember our original contract was for a monthly fee of $800, and this was chanced (by mutual agreement) to $800 every other month, or $400 per month. We have tried to keep our time down to fall within the allocated amount, but we still exceed the allocated time by 50 %. I am sure you will agree that inflation alone has created an increase in our costs. In view of this information, we would like to increase our fees by 5 %, to $420 per month, or $5,040 per year. I am enclosing an amended agreement based on this increase. Hopefully this increase will be acceptable. If so, please sign both copies of the enclosed amended agreement and return one to use for our records. I do want to thank you and the City for your past business and hope to continue to serve you in the future. Si rely, John R. Simacck Vice President JS /dw /JS36 Enc. r � Printed on Recpeled Paper 1 Risk Management Employee Benefits Consultants �4 American Risk Services, Inc. Northwest Business Campus 3033 Campus Drive, Suite A418 Minneapolis, MN 55441 -2620 Tel: (612) 559 -7300 Fax: (612) 559 -7640 RISK MANAGEMENT CONSULTING AGREEMENT Client hereby retains risk management consulting services upon the following terms: 1. Nature and Term of Service The Consultants will provide risk management consulting services to the Client designated below as set forth and is subject to termination hereinafter provided. 2. Duties of Consultants. Consultants will continue to review and keep themselves familiar with the Client's operations, Client's projects, loss prevention, and will continue to review risk management procedures and > insurance contracts and will perform the Risk Management services as needed. 3. Consulting fee. The 12 month Continuing Counsel Service fee shall be $5,040, as agreed by both parties. The payment schedule will be as follows: $420 deposit at time of contract date; $420 per month for 11 consecutive months, due and a able on the 1st dg, of each month commencing P Y Y � Nlarch 1, 1992. 4. Termination. This agreement may be terminated at will by consultant by given the Client thirty (30) days notice in writing. The fee will be prorated based on completion of the project from date of termination. �1 R CAN RISK ERV ES, INC. CITY OF BROOKLYN CENTER By F. BY Mark T. Flaten (Title) President (Title) Date: 1/ Z-- Date: r j Printed on Rervcled Paper CITY OF BROOKLYN CENTER Council Meeting Date 3/9/92 • 3� Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING PROJECT NO. 1992 -08 FOR LIGHTING SYSTEM IMPROVEMENTS IN THE CITY COUNCIL CHAMBERS, ALLOCATING FUNDS AND ACCEPTING PROPOSALS THEREFORE DEPT. APPROVAL: Sy Knapp, Vrector o Public Works MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached As requested by the City Council, we have obtained proposals fqr the purpose of installing interim lighting system improvements in the City Council Chambers for the purpose of providing an adequate level of lighting to facilitate telecasting of public meetings conducted in the Council room. Based on previous study reports b y engineering en ineerin and architectural firms which recommended the use of fluorescent lighting, we asked Collisys (formerly Collins Electrical) to give us a proposal for installing an "interim" fluorescent lighting system. On that basis, Collisys proposed to install eight 4 -lamp fluorescent fixtures, suspended by chains or tubes, at a price of $4,420. They advised that the lighting level achieved by this proposal would be less than 60 footcandles. Northwest CATV representatives advised us this would be inadequate and recommended a lighting level of 100 to 110 footcandles. In order to develop a plan to achieve the lighting level recommended by Northwest CATV, we then asked NSP to review the issue and recommend a plan. NSP's specialist recommended installation of a floodlighting system using eleven "new -on- the - market" 250 -watt quartz floodlights (9 above the Council table, and 2 directed toward the speakers podium). Besides providing adequate lighting levels for telecasting, this system will allow adjusting these lights, using 3 dimmers, when a lower level of lighting is desired. (Dimmers can also be installed on fluorescent lighting systems. However, they are expensive and inefficient.) • ® Based on NSP's recommendations, we have obtained proposals for furnishing the required equipment, and for installing the system, at a total cost of $5,166.80 plus freight. It is recommended that all costs for this project be paid from the CATV account within the Capital Projects Fund. RECOMMENDED CITY COUNCIL ACTION A resolution accepting the proposals and approving the project is provided for consideration by the City Council. i r /3c Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT NO. 1992 -08 FOR LIGHTING SYSTEM IMPROVEMENTS IN THE CITY COUNCIL CHAMBERS, ALLOCATING FUNDS AND ACCEPTING PROPOSALS THEREFORE WHEREAS, it is the opinion of the City Council that it is necessary to install interim improvements to the lighting system in the City Council Chambers for the purpose of providing an adequate level of lighting to facilitate telecasting of public meetings conducted in this room; and WHEREAS, the City Manager has obtained the following proposals for furnishing and installing such improvements: For furnishing required lighting fixtures and lamps: Energy Saving Devices Inc . ...................$2,021.80 (plus freight) For installing fixtures, wiring and controls: Collisys ................ ......................$3,145.00 Egan McKay. .$4,625.00 AND WHEREAS, the Capital Projects Fund was established by Resolution No. 68 -246 for the purpose of financing major permanent facilities as needed; and WHEREAS, by Resolution No. 89 -239 the City Council appropriated the proceeds of the Cable Television franchise fee to the Capital Projects Fund for cable television improvements to the City Hall; and WHEREAS, the City Manager recommends accepting the proposal of Energy Saving Devices Inc. on the basis that this company is the sole source provider for some of the items covered in their proposal, and that in his opinion, the proposal is fair and reasonable; and WHEREAS, the lowest -cost proposal received for installation of fixtures, wiring and controls is that of Collisys. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposed improvements are hereby approved and will be designated as Improvement Project No. 1992 -08. 2. All costs for this project shall be allocated from the cable television account of the Capital Projects Fund. RESOLUTION N0, 3. The proposal of Energy Saving Devices Inc. to furnish the required lighting fixtures and lamps at a cost of $2,021.80 plus freight is hereby accepted. The City Manager is hereby authorized and directed to enter into contract with said firm on the basis of that proposal. 4. The proposal of Collisys` to install the required fixtures, wiring and controls at a cost of $3,145.00 is hereby accepted. The City Manager is hereby authorized and directed to enter into contract with said firm on the basis of that proposal. 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 3;9/92 Agenda Item Numbe, 3 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR WATER SERVICE REPAIR AT 5724 LOGAN AVE N DEPT. APPROVAL: — k�m� Sy app, irector of Public Works MANAGER'S REVIEW/RECOMIAENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes The purpose of this resolution is to order a public hearing on Monday, April 13, 1992, at 7:30 p.m. local time, to hear and pass upon all objections, if any, to the proposed special assessment for water service repair at 5724 Logan Avenue N. City Public Utility crews repaired an emergency water service break at 5724/5728 Logan Avenue N on January 7, 1987. City ordinances stipulate that property owners are responsible for all maintenance and repair of water services. Accordingly, the two property owners of this twin home were billed for the cost of repair. The property owners indicated that they were pursuing legal action against the plumber who originally installed the water service. The City agreed to defer the due date of the invoices until this action was concluded. Since that time, we have several times attempted to collect payment from these property owners. On several occasions, staff offered to meet with the owners to discuss a possible negotiated settlement, but neither owner was willing to do so. At this time, the owner at 5728 has made payment. The owner at 5724 has not. This property owner was notified in previous collection attempts that if no payment was made, the cost plus interest would be certified to his property as a special assessment. The cost of the repair was $734.80; interest accrued from the date of the original invoice, June 8, 1987 through April 13, 1992, the date of certification, is $356.53. The standard special assessment fee is $30, making the total amount to be assessed $1,121.33. RECOMMENDED CITY COUNCIL ACTION Adopt the attached resolution calling for a hearing on this special assessment. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR WATER SERVICE REPAIR AT 5724 LOGAN AVE N BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. A hearing shall be held on the 13th day of April, 1992 in the City Hall at 7:30 p.m. to pass upon the proposed assessment for the following charge: Water Service Repair 2. The City Clerk with the assistance of the Director of Public Works shall forthwith prepare an assessment roll for the above charge, and shall keep it on file and open to inspection by any interested persons. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. 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 BROO CENTE S ASSESSM ROLL March 9, 1992 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: N/A Levy No.: Description: One —half the cost of repair of water Fund /Code No.: service break which occurred January 6, 1987 at 5724 -28 Logan Avenue Levy Description: WATER SERVICE REPAIR North, Brooklyn Center Levy runs one (1) year at an interest rate of ten Location: 5724 Logan Avenue N (10) percent. First payment, with property taxes payable in 1993, Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: N/A By Resolution No.: N/A Date of Assessment Hearing: April 13, 1992 Adopted On: Assessment District: N/A By Resolution No.: Method of Apportionment: Cost of service, plus interest from June 8, 1987 to April 13, 1992, plus Cor Deletions Or special assessment service charge Cost Summary From N/A Resolution No: TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $1,121.33 City Property: Other Public Property: Private Property: $1,121.33 CITY OF BROOKLYN CENTER PAGE 1 OF 1 SPECIAL ASSESSMENT CERTIFICATION ROLL WATER SERVICE REPAIR MUNICIPAL CODE NO. 22 PROPERTYASSESSED OWNER ADDITIONAL NOTICE LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Le al D escription M ailing A ddress Mai Address _ 02- 118 -21 -14 -0105 01136 $1,121.33 5724 LOGAN AVE N WILLIAM P. KELLY Lot 6, Block 1 2200 Dwight Lane NORTHBROOK ESTATES Minnetonka, MN 55343 $1,121.33 TOTAL LEVY CITY OF BROOKLYN CENTER Council Meeting Date March 9. 1992 Agenda t[cm Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING ENTERING INTO A GRANT WITH THE STATE OFFICE OF DRUG POLICY DEPT. APPROVAL: James inds,a Chief of Po -- MANAGER'S REVIEW /RECOMMEFA NDATION: y No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached yes ) From March 1, 1991 through February 29, 1992 the city did enter into a grant agreement with the State Office of Drug Policy. This grant allowed the city through the police department to provide an outreach worker whose main purpose was to work with at -risk youth in the Humboldt /Camden area of the city. The city did then enter into an agreement with I.N.V.I.T.E., Inc. to provide this outreach worker service for this period. Attached is a report by Joel Brown, the outreach worker hired by I.N.V.I.T.E., who worked with the at -risk youth in the area for the past year. His report outlines the research and activities done by Brown during the year. The department believes the program was very worthwhile and would like to continue the program for an additional year. In order to accomplish this, we would like to submit the application for an additional one year grant to fund this project through February 28, 1993. We have been informed by the Office of Drug Policy that it looks favorable for their approval of our grant request. RECOMMENDED CITY COUNCIL ACTION• The City Council authorize the City Manager to sign the agreement to enter into a grant with the State Office of Drug Policy. 13 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ENTERING INTO A GRANT WITH THE STATE OFFICE OF DRUG POLICY WHEREAS, the City did enter into a grant agreement with the State Office of Drug Police for the period March 1, 1991 through February 29, 1992; and WHEREAS, the grant allowed the City to provide an outreach worker to work with at -risk youth in the Humboldt /Camden area of the City; and WHEREAS, the City Council agrees that this is a worthwhile program within the City of Brooklyn Center; and WHEREAS, the City is making application for another twelve month grant from the State Office of Drug Policy to extend this outreach worker program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center authorize the City Manager to sign the application for a grant from the State Office of Drug Policy. 1 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. 0 pXLY N deN BROOKLYN CENTER POLICE POLICE DEPARTMENT MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: James Lindsay, Chief of Police DATE: March 5, 1992 SUBJECT: Outreach Worker Attached you will find a report of activity compiled by our outreach worker, Joel Brown. Joel was hired by I.N.V.I.T.E., the organization we contracted with to provide the outreach worker with the funds we received from the State Office of Drug Policy grant monies. The police department believes the outreach worker program has been a success during the past year. We are therefore requesting another twelve -month grant to attempt to extend the worker for another year. I have attached a report from Joel Brown outlining his activities over the last twelve months. The programs have been successful because of the cooperation shown between the Lutheran Church of the Master, the Rotary Club, the Crime Prevention Fund, the park and recreation department, the police department and I.N.V.I.T.E. The Lutheran Church of the Master has been very cooperative in making their facilities available for use by the children with Joel Brown in attendance. Arnie Mavis made the warming house in Firehouse Park available for their use. The warming house was outfitted with excess furniture obtained from the city and I.N.V.I.T.E. A television and VCR was donated by the Rotary Club and a Nintendo game purchased by the city. The summer recreational program was funded through a grant from the Pillsbury Company which the Crime Prevention Fund helped obtain. This cooperative effort enabled the program to obtain the results noted in Brown's report. BROOKLYN CENTER OUTREACH WORKER REPORT February, 1992 Submitted by Joel Brown During the past year, I believe that there have been many accomplishments on I.NN.I.T.E.'s behalf and many areas that can easily be improved upon in another year. In this summary, I will attempt to explain some of the things that were successful within the program since I started last year. When I first began, my job was to make contact with families in the community and to let them know that there is a program for their kids and something that the kids can look forward to during part of the summer and after school. I made contact with over 200 families and only approximately 65 families total ever had their kids participate in the program. It is a very small ratio, but shows how much potential there is if we can get more people to reach the families again. The hard part of the job was actually getting the people involved. There seemed to be some apprehension on the part of the parents but with a whole year under our belt, it seems like it would be easier to tell people what we do and what we have already done. Besides outreaching to families, I became involved at the Lutheran Church of the Master, where kids already participated in socials and activities. After meeting these kids, I began to go to the Brooklyn Center High School where I became known by a majority of the youth. The staff at the church and the school were very cooperative. I set up a task force which was for kids between the ages of 12 and 16. This task force was set up to discuss different issues affecting them, problems and solutions to solving them. This went on for about two months and by the end of the second month there were four more kids that came and joined the group's original six members. Although we only had ten kids, I felt there was a lot accomplished. Currently, there are a lot more kids involved in the program and if we had a task force again, there would definitely be a lot more kids involved. Outreach Worker Report Page 2 February 1992 A big issue for the kids was talking about getting jobs. There were jobs around, but it seems that these kids need some kind of contacts to get in somewhere. We were not able to help the kids in this area as much as I would have liked. People I contacted regarding jobs never seemed to come through on their plans. I was only able to help two kids get jobs. We need to get the community more involved in supporting the program by providing jobs for some of the kids. These two cases were very successful and we need more help in this area. During the beginning of last summer, I recommended the St. Thomas Program to many parents in the area. Forty families were interested and committed, but only kids from ten families participated. This again reflects the problem of getting parents involved in letting their kids get involved. Since we are more established now, it will be easier to recruit. Another event held by I.N.V.I.T.E. was the recreational program. This program had the biggest consistent turnout of all. There were 28 boys and 2 girls who were constantly present at all of the activities. This was a program where kids had activities to do nearly all day long, including numerous sports and social events. Currently, I run the warming house in Firehouse Park and it is an open office from 2:00 p.m. to 9:00 or 10:00 p.m. Here I have implemented daily events including Nintendo, movies, board games, and intellectual challenge games. There is also an open gym at the Lutheran Church twice a week. Thirty kids frequent the program and really look forward to the activities. I hope that I have given you an overview of what has been done so far with I.N.V.I.T.E. As you can see, there is so much more opportunity to recruit and get more kids involved. It would be unfair to the kids and the community to not give the program a chance to grow and become more effective. PROJECT INFORMATION SHEET FORM i Office of Drug Policy Crime Prevention Please Type 1. Appl Agency with which contract is to be executed Legal Lame S� met ;City ......:..... Phone _ City of Brooklyn 6301 Shingle Creek Parkway Center Brooklyn Center, MN 55430 (612 )569 -3300 2. Director of Applicant Agency Name ; Street Ci�y ZIP Pie .! Gerald Splinter 6301 Shingle Creek Parkway C-ity Mana!:Tpr Brooklyn Center, MN 55430 ( )569 -3300 3. Operating Agency (if different from #1) Legal Name Str�pt Cit ZIP Phone` Y Brooklyn Center Police 6301 Shingle Creek Parkway i Brookl n Center, MN 55430 ( 612)569 -3333 ` i 4. Contact Person for Further Information on Application Nameitle Street .C�fY..ZfP :Phone j� ...... ........ Scott W. Kline 6301 Shingle Creek Parkway Brooklvn Center MN 55430 (612 )569 -3368 5 Fiscal Management Officer for Grant Name' 1 e <':`: >: Str��t it Z1P ;Phone >: Charles Hansen 6301 Shingle Creek Parkway Finance Director Brookl n Center, MN 55430 (612 )569 -3345 6. Project Information . t Begin Date: - =February Project Funds Requested March 1, 1992 28, 1993 $25,000 Service Area -- City (ies) and /or County (ies) Local Match Provided City of Brooklyn Center (if any) $210,700.68 Payee Name and Address: SS# or MN Tax ID City of Brooklyn Center 8020866 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Federal ID ;# 7. Non- Profit Status: 501(c)(3) copy attached: 0 Yes Ix Not applicable BUDGET REQUEST FORM Form 2 Budget Period from: 1 March 1992 - 28 February 1993 Applicant Name and Address: City of Brooklyn Center 6301 Shingle Creek Parkway Rrnnkl n Center,_ MN 55430 Contact for further information on budget: Scott W. Kline Jr. Captain Coordinator (Name and Title) Phone 7: 612- 569 -3368 ' BUDGET CATEGORY LOCAL CONTRIBUTION* GRANT FUNDS TOTAL PROJECT Salary Fringe applicant y g $214 914.66 $214,914.66 agency Contracted Services $23,000 $ 23,000.00 T _ Print /Copy 500 500.00 Phone /Post 750 ' I 750.00 In -State Travel Supplies 750 I 750.00 Equipment (Approved Needed by ODP) Audit Other: Specify Total $214,914.66 $25,000 $239,914.66 *Local contributions are not required but could affect selection under the category of budget reasonableness. Indicate the source of funds: applicant agency, United Way, etc. BUDREQFM BUDGET JUSTIFICATION Form 2A (Indicate for grant funded project costs only) 1. Salary and Fringe Name Title FTE* Amount Fringe (a) Scott Kline Co 1/4 15,508.32 6,203.33 (b) Stephen McComb Team Supervisor 1 49,115.46 19,646.18 (C) Dwayne Holmstrom Team Officer 1 42,938.35 17,175.36 (d) David Tombers Team Officer 1 42,938.35 17,175.36 (e) 2. Contracted Services (Specify) _On full-time worker to work with the at -risk youth in the area as wel as their families. Referrals to come from police schools and ot _youth oriented resources. 3. Print /Copy Produce surveys and mailings in area. 4. Phone /Postage Office phone and postage for mailings. 5. In -State Travel 6. Supplies Office supplies as needed by worker. 7. Equipment 8. Audit 9. Other (Specify) *Full Time Equivalency - 40 hours per week x 12 months = 1.0 FTE. If an employee will work 20 hours per week x 12 months = .5 FTE etc. BUDJUFM2 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that city of Brooklyn Center enter into a (Name of your organization) cooperative agreement with the Office of Drug Policy in the Minnesota Department of Public Safety for the project entitled At -Risk Youth Worker. during (Project Title) the period from March 1, 1992 through February 28, 1993 (Beginning date) (Ending date) Gerald G . Splinter C Manager is hereby authorized to execute such agree - (Name and Title of authorized official) ments as are necessary to implement the project on behalf of The City of Brooklyn Center (Name of your organization) I certify that the above resolution was adopted by the City Council (Executive body) . Of City of Brooklyn Center on (Contractor) (Date) SIGNED: WITNESSETH: (Signature) (Signature) (Title) (Title) (Date) (Date) U.S. DEPARTMENT OF JUSTICE r OFFICE OF JUSTICE PROGRAMS ' OFFICE OF THE COMPTROLLER Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub- Recipient) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67, Section 67.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160.19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, orvoluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certifi- cation, such prospective participant shall attach an explanation to this proposal. t Gerald G. Splinter, City Manager Name and Title of Authorized Representative Signature Date City of .Brooklyn Center Name of Organization 6301 Shingle Creek Parkway Address of Organization Brooklyn Center, MN 55430 OJP FORM 406111 (REV. 2189) Previous editions are obsolete. Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled Certification Regarding Debarment, 9 9 Sus e nsio p n Ineligibilit g y and Voluntary Exclusion —Lower Tier Covered Tran �� sactions, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a dower tier covered. transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each m artici ant Y p p a check the Non procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by This clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. CITY OF BROOKLYN CENTER council Meeting Date 319/92 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION T �� ITEM DESCRIPTION: RESOLUTION PRESCRIBING VOTING PRECINCTS AND DESIGNATING POLLING LOCATIONS FOR THE CITY OF BROOKLYN CENTER DEPT. APPROVAL: - j AU7&� Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECONMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) On January 30, 1992, the special state redistricting panel signed an order entering its judgment establishing the state court plan for legislative redistricting. However, on February 19, 1992, the federal district court redistricting panel announced its plans for redrawing congressional and legislative districts. The federal action prohibits the use of the legislative redistricting plan the state special redistricting panel set forth in January. The state is expected to request the Supreme Court to stay the federal court order on redistricting to clarify which plan to use in the 1992 election. Therefore, a redistricting plan has not been adopted for local cities. If the state court plan is adopted, Brooklyn Center will be divided into both Senate District 46, House District 46B (Precinct 8) and Senate District 47, House District 47B (Precincts 1 through 7 and 9). If the federal plan is adopted, all of Brooklyn Center will be in House District 45A. Since neither the new federal plan nor the state court plan will require that Brooklyn Center redraw its precinct boundaries, redistricting activities can continue. One of the requirements is for the City of Brooklyn Center to adopt a resolution prescribing voting precincts. This resolution MUST BE ADOPTED BY MARCH 30, 1992, to comply with state mandates (M.S. 20413.14). The resolution before the council prescribes ei ht voting precincts for Brooklyn Center and designates eight polling locations within Brooklyn Center. Currently, Brooklyn Center is divided into nine precincts. Precinct 9 was created in 1982 because a legislative district boundary line split Precinct 4, and state law prohibits precincts to be split by legislative district boundary lines. However, Precinct 9 could be eliminated (joined with Precinct 4 again). This would be a cost savings to the City, especially since approximately $1,400 could be saved in an election year just for judges' salaries. The only requirement of the City is to notify those registered voters in Precinct 9 of the change in precinct, and this is done by Hennepin County. RECOMMENDED CITY COUNCIL ACTION Pass a Resolution Prescribing Voting Precincts and Designating Polling Locations for the City of Brooklyn Center. 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PRESCRIBING VOTING PRECINCTS AND DESIGNATING POLLING LOCATIONS FOR THE CITY OF BROOKLYN CENTER WHEREAS, the City of Brooklyn Center is presently constituted into nine voting precincts described by Resolution No. 82 -65 adopted by the City Council on April 26, 1982; and WHEREAS, a federal census was conducted for the year 1990 which indicated, among other things, the population distribution within the City of Brooklyn Center; and WHEREAS, the City Council has considered the factors of population distribution within Brooklyn Center, new legislative district lines, community neighborhoods, and various school district boundaries within the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. To rescind Resolution No. 82 -65 prescribing voting precincts for the City of Brooklyn Center adopted by the City Council on April 26, 1982. 0 2. Voting precincts in the City of Brooklyn Center shall be numbered and described as follows: PRECINCT ONE Bounded on the south by the south City limits; on the west by Shingle Creek; on the north by the centerline of County Road 10 to the centerline intersection of 57th Avenue North and Logan Avenue North, thence northerly along the centerline of Logan Avenue North to the centerline of 58th Avenue North, thence easterly along the centerline of 58th Avenue North extended to the Mississippi River; on the east by the Mississippi River. PRECINCT TWO Bounded on the east by the Mississippi River; on the south by the centerline of 58th Avenue North extended to the centerline of Logan Avenue North, thence southerly along the centerline of Logan Avenue North to the centerline of 57th Avenue North (also known as County Road 10), thence westerly along the centerline of County Road 10 to the centerline of Shingle Creek; on the west by Shingle Creek to the intersection with the centerline of I- 94/694, thence northwesterly along the centerline of I- 94/694 to the centerline of Xerxes Avenue North, thence northeasterly along the centerline of Xerxes Avenue North to the centerline of Shingle Creek Parkway, thence northwesterly along the centerline of Shingle Creek Parkway to the centerline of 69th Avenue North; on the north by the centerline of 69th RESOLUTION N0, Avenue North to the centerline of Dupont Avenue North, thence southerly along the centerline of Dupont Avenue North to the centerline of 65th Avenue North, thence easterly along the centerline of 65th Avenue North to the intersection with the centerline of 66th Avenue North, thence northeasterly along the centerline of 66th Avenue North to the intersection with the centerline of Camden Avenue North, thence southerly along the centerline of Camden Avenue North to the intersection with the south line of the northeast one - quarter of Section 36, Township 119, Range 21, thence easterly along said half - section line to the Mississippi River. PRECINCT THREE Bounded on the south by the south line of the northeast one - quarter of Section 36, Township 119, Range 21 to the centerline of Camden Avenue North, thence northerly along the centerline of Camden Avenue North to the intersection with the centerline of 66th Avenue North, thence southwesterly along the centerline of 66th Avenue North to the intersection with the centerline of 65th Avenue North, thence westerly along the centerline of 65th Avenue North to the intersection with the centerline of Dupont Avenue North, thence northerly along the centerline of Dupont Avenue North to the centerline of 69th Avenue North, thence westerly along the centerline of 69th Avenue North to the centerline of West Palmer Lake Drive; on the west by the centerline of West Palmer Lake Drive; on the north by the north City limits; on the east by the Mississippi River. PRECINCT FOUR Bounded on the north by the north City limits; on the east by the centerline of West Palmer Lake Drive; on the south by the south line of Section 27, Township 119, Range 21, to its intersection with the centerline of Brooklyn Boulevard, thence southeasterly along the centerline of Brooklyn Boulevard to the centerline of I- 94/694, thence westerly along the centerline of I- 94/694 to the west City limits; on the west by the west City limits. PRECINCT FIVE Bounded on the north by the centerline of I- 94/694 to the centerline of Brooklyn Boulevard; on the east by the centerline of Brooklyn Boulevard; on the south by the centerline of 63rd Avenue North; on the west by the west City limits. PRECINCT SIX Bounded on the north by the centerline of 69th Avenue North; on the east by the centerline of Shingle Creek Parkway, thence southeasterly along the centerline of Shingle Creek Parkway to the centerline of Xerxes Avenue North, thence southwesterly RESOLUTION N0, along the centerline of Xerxes Avenue North to the centerline of I- 94/694, thence southeasterly along the centerline of I- 94/694 to the centerline of Shingle Creek, thence southerly along Shingle Creek to the centerline of County Road 10; on the south by County Road 10; on the west by the centerline of Brooklyn Boulevard. PRECINCT SEVEN Bounded on the north by the centerline of 63rd Avenue North; on the east by the centerline of Brooklyn Boulevard; on the south by the centerline of County Road 10; on the west by the west City limits. PRECINCT EIGHT Bounded on the north by the centerline of County Road 10; on the east by Shingle Creek; on the south by the south City limits; on the west by the west City limits. 3. Polling locations are hereby designated for the City of Brooklyn Center as follows: PRECINCT ONE Lutheran Church of the Triune God 5827 Humboldt Avenue North PRECINCT TWO Earle Brown Elementary School 5900 Humboldt Avenue North PRECINCT THREE Evergreen Park Elementary School 7020 Dupont Avenue North PRECINCT FOUR Willow Lane Elementary School 7020 Perry Avenue North PRECINCT FIVE Orchard Lane Elementary School 6201 Noble Avenue North PRECINCT SIX Garden City Elementary School 6400 Brooklyn Boulevard PRECINCT SEVEN Cross of Glory Lutheran Church 5929 Brooklyn Boulevard RESOLUTION N0. PRECINCT EIGHT Northport Elementary School 5421 Brooklyn Boulevard 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 Meetin g Date 31 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: APPROVAL OF SMALL BUSINESS ADMINISTRATION COMMUNITY TREE PLANTING GRANT PROPOSAL DEPT. APPROVAL: Sy Knapp, D ector of Public Works �r MANAGERS REVIEW/RECONMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes The attached memo from Public Works Coordinator Diane Spector details a proposed • application for a grant to supplement funds available for boulevard tree planting. The grant program is through the federal Small Business Administration's Community Tree Planting program. This proposal would request $5,000 from the SBA, to be matched by $4,800 in 1992 budget funds for reforestation and by charges to residents. A similar proposal last year narrowly missed being awarded a grant. Because Brooklyn Center now meets the requirements of a Tree City USA, it is likely that a grant will be awarded. This funding would be available in Fall, 1992 for planting in Spring, 1993. RECOMMENDED CITY COUNCIL ACTION Review the proposed Boulevard Reforestation Program and approve by motion the grant proposal. MEMORANDUM March 6, 1992 TO: Sy Knapp FROM: Diane Spector AC�'� -- SUBJ: Small Business Administration Grant Proposal I have been informed by the Department of Natural Resources that additional funds remain to be granted in the Small Business Administration - supported Community Tree Planting grant fund. You may remember that we applied for funds from this program in 1991 and just barely missed an award. The DNR is soliciting additional requests from qualified cities to recommend to the SBA for funding. The DNR has asked for these applications by March 16, 1992. Accordingly, I have put together a program for boulevard tree planting that is similar to the program submitted last year, but which also takes into account features of our successful Residential Reforestation Program. The 1992 budget includes $7,800 for reforestation, of which $3,000 has already been committed to the Residential Reforestation Program. The remaining $4,800 has been reserved for boulevard tree planting. I propose that we request an additional $5,000 from the SBA. The grant plus City funds plus a contribution by the participating resident would make about $13,000 available for boulevard trees. The following is a recommended boulevard tree planting program that would meet the requirements of the SBA grant program. I have described this program to the DNR Community Forestry Services person, and he has stated that he would recommend such a program for funding. 1. Residents who had boulevard trees removed in 1990 and 1991, and those who will have boulevard trees marked for removal in 1992 would be invited to apply for a replacement boulevard tree. Applicants could choose a variety from the City's list of allowable boulevard tree species. Property owners wishing to plant a new boulevard tree would be placed on a waiting list. Residents participating in the 1992 Residential Reforestation Program would be advised of this program, and would be able to choose which program in which they would like to participate. 2. Under the terms of the SBA grant, the trees must be acquired from and planted by a qualified Small Business. We would ask three qualified nurseries to participate, as with the Residential Reforestation Program. Based on suggestions from our Park Maintenance crews, we recommend planting 2' /z" trees, as they are hardier and have a much greater chance of success. We estimate the cost of a tree of that size, planted bare root, with a one year guarantee, to be about $200. 3. The applicant would agree to pay at least one - quarter the cost of acquiring and planting the tree. The City would pay up to $150. The resident would agree to maintain the tree. 4. While grant funds would be available by fall, the best planting time would be Spring, 1993. Accordingly, if the grant is awarded, we would later this year request that the Council carry over the $4,800 1992 funds to 1993. The federal funds must be spent by June 30, 1993. CITY OF BROOKLYN CENTER Council Meeting Date 3i9/92 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: LICENSE TO UTILIZE EXPLOSIVES PERMITS FOR THE HOWE COMPANY DEPT. APPROVAL: J Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) Section 35 -413.2 of the Brooklyn Center City Ordinances requires that the utilization of explosives must be licensed by the City Council. The following items are recommended conditions for the utilization and discharge of explosives at The Howe Company facility, 4821 Xerxes Avenue North, Brooklyn Center, Minnesota. 1. The permit is issued to The Howe Company, 4821 Xerxes Avenue North, Brooklyn Center, and is nontransferable. 2. The Howe Company shall continue to use a two- component compound, kinestik, or a similar two- component compound. 3. The Howe Company shall comply with all applicable federal, state, and local legislation governing the transportation, storage, handling, and detonation of explosives. 4. The Howe Company shall notify the Chief of Police in advance of all blasting operations. 5. City employees shall have the right to inspect upon reasonable notice given to The Howe Company. 6. Authorization to discharge explosives in the City of Brooklyn Center granted under this permit shall expire March 27, 1993. RECOMMENDED CITY COUNCIL ACTION Approve license for The Howe Company to utilize explosives subject to the above conditions. CITY OF BROOKLYN CENTER council Meeting net 3/9/92 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION TYY ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: J" Sharon Knutson, Deputy City Clerk MANAGERS REVIEW/RECOMMENDATION: za a, _ U No comments to supplement this report Comments below /attached SUMMARY 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 March 9, 1992: AMUSEMENT DEVICE - OPERATOR Chi -Chi's 2101 Freeway Blvd. C ief of Police FOOD ESTABLISHMENT Alano Society 4938 Brooklyn Blvd. Arby's 1341 Brookdale Center Berean Evangelical Free Church 6625 Humboldt Ave. N. Brook Park Baptist 4801 63rd Ave. N. Brookdale Assembly of God 6030 Xerxes Ave. N. Brookdale Assembly of God Daycare 6030 Xerxes Ave. N. Brookdale Unocal 76 5710 Xerxes Ave. N. B.C. American Legion Post YJ630 4307 70th Ave. N. B.C. Athletic Boosters 5620 Humboldt Ave. N. Brooklyn Center Community Center 6301 Shingle Ck. Pkwy. B.C. National Little League 5312 N. Lilac Drive Brooklyn United Methodist Church 7200 Brooklyn Blvd. Chi -Chi's 2101 Freeway Blvd. CEAP 7231 Brooklyn Blvd. Cross of Glory Lutheran Church 5929 Brooklyn Blvd. Davanni's 5937 Summit Drive Dayton's 1100 Brookdale Center Earle Brown Heritage Center 6155 Earle Brown Drive Evergreen Park Elementary School 7020 Dupont Ave. N. ood Express 1131 Brookdale Center F im Fung 1958 57th Ave. N. Garden City School 3501 65th Ave. N. Glico Harmony Foods Corporation 719 Swift Street ' Sears 1297 Brookdale Center Gloria Jean's Coffee Bean 1119 Brookdale Center Harron United Methodist Church 5452 Dupont Avenue North House of Hui's Restaurant 6800 Humboldt Ave. N. Lutheran Church of the Master 1200 69th Ave. N. McDonald's 5525 Xerxes Ave. N. New Horizon Day Care Center 6625 Humboldt Ave. N. Northbrook Alliance Church 6240 Aldrich Ave. N. Northport Elementary School 5421 Brooklyn Blvd. Northwest Residence 4408 69th Ave. N. Orchard Lane School 6201 Noble Ave. N. J. C. Penney 1265 Brookdale Center Pizza Hut 6000 Shingle Ck. Pkwy. Pizza Hut 5806 Xerxes Ave. N. St. Alphonsus Church 7025 Halifax Ave. N. Taco Bell 1150 Brookdale Center Willow Lane PTA 7020 Perry Ave. N. Sanitarian ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lions 5618 N. Lilac Drive Earle Brown Elementary School 5900 Humboldt Ave. N. /1 Earle Lane School 7020 Perry Ave. N. u Sanitarian_ NONPERISHABLE VENDING MACHINES Theisen Vending Company 3804 Nicollet Ave. S. Budgetel Inn 6415 James Circle /�, `�✓� Econo Lodge 6445 James Circle Sanitarian RENTAL DWELLINGS Renewal: Dorothy Follese 6933 Brooklyn Blvd. Tracy Rice 5801 Ewing Ave. N. John Carnahan 1525 Humboldt P1. N. John Carnahan 1531 Humboldt Pl. N. Sharon M. Fratzke 4201 Lakeside Ave. #208 L. Larry Law 4201 Lakeside Ave. #302 Dr. Akbar Sajady 4207 Lakeside Ave. #131 Dakota's Children, Inc. 5449 Lyndale Ave. N. E. Alan Knudson 5547 Lyndale Ave. N. Jerry Harrington & Eugene Berg 1200 67th Ave. N. 1i1 Terry Hartmann 1300 68th Lane N. w Director of Planning and Inspection SIGN HANGER n Pascual Signs, Inc. 11215 Xylon Ave. N. (� Building Official SPECIAL FOOD HANDLING ESTABLISHMENT Boulevard Video 6223 Brooklyn Blvd. Children's Palace #81 5900 Shingle Ck. Pkwy. Kids World Preschool 7200 Brooklyn Blvd. �• �'' Maid of Scandinavia 5717 Xerxes Ave. N. Sanitarian_ SWIMMING POOL n • ate' Village Properties Evergreen Park Manor �/ Sanitarian_ TAXICAB Town Taxi 2500 Washington Ave. N. #49, #123 P . ` C ief of Police GENERAL APPROVAL: 9. Pa 0, P. Page, Deput Clerk